[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 49CFR213.119]



[Page 111-114]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 213_TRACK SAFETY STANDARDS--Table of Contents

 

                        Subpart D_Track Structure

 

Sec.  213.119  Continuous welded rail (CWR); general.



    Each track owner with track constructed of CWR shall have in effect 

and comply with a plan that contains written procedures which address: 

the installation, adjustment, maintenance and inspection of CWR; 

inspection of joints in CWR; and a training program for the application 

of those procedures. The plan shall be submitted to the Federal Railroad 

Administration by March 22, 1999. FRA reviews each plan for compliance 

with the following--

    (a) Procedures for the installation and adjustment of CWR which 

include--

    (1) Designation of a desired rail installation temperature range for 

the geographic area in which the CWR is located; and

    (2) De-stressing procedures/methods which address proper attainment 

of the desired rail installation temperature range when adjusting CWR.



[[Page 112]]



    (b) Rail anchoring or fastening requirements that will provide 

sufficient restraint to limit longitudinal rail and crosstie movement to 

the extent practical, and specifically addressing CWR rail anchoring or 

fastening patterns on bridges, bridge approaches, and at other locations 

where possible longitudinal rail and crosstie movement associated with 

normally expected train-induced forces, is restricted.

    (c) Procedures which specifically address maintaining a desired rail 

installation temperature range when cutting CWR including rail repairs, 

in-track welding, and in conjunction with adjustments made in the area 

of tight track, a track buckle, or a pull-apart. Rail repair practices 

shall take into consideration existing rail temperature so that--

    (1) When rail is removed, the length installed shall be determined 

by taking into consideration the existing rail temperature and the 

desired rail installation temperature range; and

    (2) Under no circumstances should rail be added when the rail 

temperature is below that designated by paragraph (a)(1) of this 

section, without provisions for later adjustment.

    (d) Procedures which address the monitoring of CWR in curved track 

for inward shifts of alinement toward the center of the curve as a 

result of disturbed track.

    (e) Procedures which control train speed on CWR track when--

    (1) Maintenance work, track rehabilitation, track construction, or 

any other event occurs which disturbs the roadbed or ballast section and 

reduces the lateral or longitudinal resistance of the track; and

    (2) In formulating the procedures under this paragraph (e), the 

track owner shall--

    (i) Determine the speed required, and the duration and subsequent 

removal of any speed restriction based on the restoration of the 

ballast, along with sufficient ballast re-consolidation to stabilize the 

track to a level that can accommodate expected train-induced forces. 

Ballast re-consolidation can be achieved through either the passage of 

train tonnage or mechanical stabilization procedures, or both; and

    (ii) Take into consideration the type of crossties used.

    (f) Procedures which prescribe when physical track inspections are 

to be performed to detect buckling prone conditions in CWR track. At a 

minimum, these procedures shall address inspecting track to identify--

    (1) Locations where tight or kinky rail conditions are likely to 

occur;

    (2) Locations where track work of the nature described in paragraph 

(e)(1) of this section have recently been performed; and

    (3) In formulating the procedures under this paragraph (f), the 

track owner shall--

    (i) Specify the timing of the inspection; and

    (ii) Specify the appropriate remedial actions to be taken when 

buckling prone conditions are found.

    (g) Procedures which prescribe the scheduling and conduct of 

physical track inspections to detect cracks and other indications of 

incipient failures in joints in CWR. This paragraph is effective January 

3, 2006.

    (1) At a minimum, these procedures shall address periodic and 

special on-foot inspection of joints and of the track adjacent to 

joints, in order to identify--

    (i) Joint bars with visible or otherwise detectable cracks;

    (ii) Loose, bent, or missing joint bolts;

    (iii) Rail end batter or mismatch that contributes to impact loads 

and instability of the joint; and

    (iv) Evidence of excessive longitudinal rail movement in or near the 

joint, including, but not limited to, wide rail gap, defective joint 

bolts, disturbed ballast, surface deviations, gap between tie plates and 

rail, or displaced rail anchors.

    (2) In formulating the procedures under paragraph (g)(1) of this 

section, the track owner shall--

    (i) Implement a system for identifying each joint by its location in 

track with sufficient precision that personnel can return to the joint 

and identify it without ambiguity;

    (ii) List each joint in an inventory that will enable personnel to 

identify joints due for periodic inspection;



[[Page 113]]



    (iii) Specify the conditions of potential joint failure for which 

personnel must inspect, including, at a minimum, the items listed in 

paragraph (g)(1) of this section;

    (iv) Specify the appropriate remedial actions, consistent with this 

part, that should be taken when personnel find conditions of potential 

joint failure; and

    (v) Specify the timing of the inspections, which should be based on 

the configuration and condition of the joint. At a minimum, track owners 

must specify that all joints in CWR in track classes 4 and higher must 

be inspected before October 31, 2006 and within 190 days of the previous 

inspection hereafter; and all joints in CWR in track classes 3, and 

class 2 track on which passenger trains operate, must be inspected 

before April 30, 2007 and within 370 days of the previous inspection 

thereafter.

    (3) In lieu of the requirements for the inspection of rail joints 

contained in paragraphs (g)(1) and (2) of this section, a track owner 

may seek approval from FRA to use alternate procedures.

    (i) The track owner shall submit the alternate procedures and a 

supporting statement of justification to the Associate Administrator for 

Safety (Associate Administrator).

    (ii) If the Associate Administrator finds that the alternate 

procedures provide an equivalent or higher level of safety than the 

requirements in paragraphs (g)(1) and (g)(2) of this section, the 

Associate Administrator will approve the alternate procedures by 

notifying the track owner in writing. The Associate Administrator will 

specify in the written notification the date on which the procedures 

will become effective, and after that date, the track owner shall comply 

with the procedures. If the Associate Administrator determines that the 

alternate procedures do not provide an equivalent level of safety, the 

Associate Administrator will disapprove the alternate procedures in 

writing, and the track owner shall continue to comply with the 

requirements in paragraphs (g)(1) and (2) of this section.

    (iii) While a determination is pending with the Associate 

Administrator on a request submitted pursuant to paragraph (g)(3) of 

this section, the track owner shall continue to comply with the 

requirements contained in paragraphs (g)(1) and (2) of this section.

    (h) The track owner shall have in effect a comprehensive training 

program for the application of these written CWR procedures, with 

provisions for periodic re-training, for those individuals designated 

under Sec.  213.7 as qualified to supervise the installation, 

adjustment, and maintenance of CWR track and to perform inspections of 

CWR track.

    (i) The track owner shall prescribe recordkeeping requirements 

necessary to provide an adequate history of track constructed with CWR. 

At a minimum, these records must include:

    (1) Rail temperature, location and date of CWR installations. This 

record shall be retained for at least one year;

    (2) A record of any CWR installation or maintenance work that does 

not conform with the written procedures. Such record shall include the 

location of the rail and be maintained until the CWR is brought into 

conformance with such procedures;

    (3) Information on inspection of rail joints.

    (i) After the initial inspection of each joint in accordance with 

paragraph (g) of this section, the track owner must include in the 

record:

    (A) The location of each joint in CWR with such precision that the 

joint can be located and identified in the field with no ambiguity;

    (B) The results of the inspection of each joint; and

    (C) Any remedial action required under the track owner's CWR plan.

    (ii) Track owners shall maintain records required by paragraph 

(i)(3)(i) in accordance with Sec.  213.241.

    (j) As used in this section--

    (1) Adjusting/De-stressing means the procedure by which a rail's 

temperature is re-adjusted to the desired value. It typically consists 

of cutting the rail and removing rail anchoring devices, which provides 

for the necessary expansion and contraction, and then re-assembling the 

track.

    (2) Buckling Incident means the formation of a lateral mis-alinement 

sufficient in magnitude to constitute a deviation from the Class 1 

requirements



[[Page 114]]



specified in Sec.  213.55. These normally occur when rail temperatures 

are relatively high and are caused by high longitudinal compressive 

forces.

    (3) Continuous Welded Rail (CWR) means rail that has been welded 

together into lengths exceeding 400 feet.

    (4) Desired Rail Installation Temperature Range means the rail 

temperature range, within a specific geographical area, at which forces 

in CWR should not cause a buckling incident in extreme heat, or a pull-

apart during extreme cold weather.

    (5) Disturbed Track means the disturbance of the roadbed or ballast 

section, as a result of track maintenance or any other event, which 

reduces the lateral or longitudinal resistance of the track, or both.

    (6) Mechanical Stabilization means a type of procedure used to 

restore track resistance to disturbed track following certain 

maintenance operations. This procedure may incorporate dynamic track 

stabilizers or ballast consolidators, which are units of work equipment 

that are used as a substitute for the stabilization action provided by 

the passage of tonnage trains.

    (7) Rail Anchors means those devices which are attached to the rail 

and bear against the side of the crosstie to control longitudinal rail 

movement. Certain types of rail fasteners also act as rail anchors and 

control longitudinal rail movement by exerting a downward clamping force 

on the upper surface of the rail base.

    (8) Rail Temperature means the temperature of the rail, measured 

with a rail thermometer.

    (9) Tight/Kinky Rail means CWR which exhibits minute alinement 

irregularities which indicate that the rail is in a considerable amount 

of compression.

    (10) Train-induced Forces means the vertical, longitudinal, and 

lateral dynamic forces which are generated during train movement and 

which can contribute to the buckling potential.

    (11) Track Lateral Resistance means the resistance provided by the 

rail/crosstie structure against lateral displacement.

    (12) Track Longitudinal Resistance means the resistance provided by 

the rail anchors/rail fasteners and the ballast section to the rail/

crosstie structure against longitudinal displacement.



[63 FR 34029, June 22, 1998; 63 FR 46102, Aug. 28, 1998; 63 FR 49382, 

Sept. 15, 1998; 70 FR 66297, Nov. 2, 2005]