[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR216.11]



[Page 188-189]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 216_SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD TRACK, 

LOCOMOTIVE AND EQUIPMENT--Table of Contents

 

                  Subpart B_Special Notice for Repairs

 

Sec. 216.11  Special notice for repairs--railroad freight car.



    Editorial Note: Nomenclature changes to subpart B of part 216 appear 

at 64 FR 25659, May 12, 1999.





    (a) When an FRA Motive Power and Equipment Inspector or a State 

Equipment Inspector determines that a railroad freight car is not in 

conformity with the requirements of the FRA Freight Car Safety Standards 

set forth in part 215 of this chapter and that it is unsafe for further 

service, he notifies the railroad in writing that the car is not in 

serviceable condition. The Special Notice sets out and describes the 

defects that cause the car to be in unserviceable condition. After 

receipt of the Special Notice, the railroad shall remove the car from 

service until it is restored to serviceable condition. The car may not 

be deemed to be in serviceable condition until it complies with all 

applicable requirements of part 215 of this chapter.

    (b) The railroad shall notify the FRA Regional Administrator in 

writing when the equipment is returned to service, specifying the 

repairs completed.

    (c) A railroad freight car subject to the notice prescribed in 

paragraph (a) of this section may be moved from the place where it was 

found to be unsafe for further service to the nearest available point 

where the car can be repaired, if such movement is necessary to make 

such repairs. However, the



[[Page 189]]



movement is subject to the further restrictions of Sec. 215.9 of this 

chapter.



[41 FR 18657, May 6, 1976, as amended at 41 FR 43153, Sept. 30, 1976]