restrictions;

(v) Destination for shopping or repair; and

(vi) Signature of a person designated under § 215.15.

This tag or card may only be removed from the car by a person designated under § 215.15. A record or copy of each card attached to or removed from a car must be retained for 90 days and, upon request, made available for inspection by FRA inspectors. Each card removed from a car must contain a notation stating the date, location, reason for its removal and the signature of the person who removed it from the car. These recordkeeping requirements have been approved by the Office of Management and Budget in accordance with the Federal Reports Act of 1942.

(b) For purposes of paragraph (a) of this section, when a railroad freight car is discovered to have any component described as defective in this part at a location where a person designated under § 215.15 is not on duty, but the car is inspected by available personnel and found to be safe to move, the car may be moved to the next location en route where a person designated under § 215.15 is on duty.

[38 FR 32230, Nov. 21, 1973, as amended at 40 FR 17574, Apr. 21, 1975]

as follows:

(1) Immediately below or to the right of the car number, in the same color as the reporting mark, the symbol "R" which must be the same size as the reporting mark.

(2) Following the symbol "R", in letters at least 1 inch high, as many of the following terms as are needed to completely indicate the basis for the restricted operation of the car under § 215.225:

(1) Age, (ii) Coupler, (iii) Draft, (iv) Bearings, (v) Truck, (vi) Underframe, (vii) Wheels, (viii) Yoke.

(c) Except as provided in paragraph (d) of this section, the following must be stenciled or otherwise displayed in a tabular form in clearly legible letters and numbers at least 1 inch high near either end on each side of each railroad freight car body when the car receives its initial inspection under § 215.25:

(1) The symbol "BLT" followed by the month and year the car was originally constructed and, on cars originally constructed after July 31, 1974, the reporting mark of the railroad that initially operated the car.

(2) If the car has been reconditioned, the symbol "RCD" followed by

(i) The month and year it was last reconditioned;

(ii) The reporting mark of the railroad that initially operated the car after it was last reconditioned; and

(iii) Letters or abbreviated words which identify the entity that last reconditioned the car.

(3) If the car is equipped with plain bearing boxes, the symbol "RPKD" followed by a hyphen and the number of months (24 or 30) within which the boxes must be lubricated under § 215.97.

(4) If the car is equipped with roller bearings which by design must be periodically lubricated, the symbol "LUB" followed by a hyphen and the number of months (12, 18, or 36) within which the bearings must be lubricated under § 215.99.

(5) Except for a car originally constructed or reconditioned within the period required by § 215.97 or § 215.99 for lubrication of its journal bearings, following the marks stenciled or other wise displayed in accordance with paragraph (c) (3) or (4) of this section;

(i) The month and year all journal bearings were last lubricated as required by § 215.97 or § 215.99;

(ii) The reporting mark of the railroad that initially operated the car after that lubrication; and

(iii) Letters or abbreviated words which identify the entity that performed the lubrication.

(6) In the case of a "high utilization" car for which a railroad maintains mileage records under § 215.25(a), the symbol "HU" followed by

(i) The reporting mark of that railroad; and

(ii) Letters or abbreviated words which identify where the records are located.

(7) After December 31, 1978, except for a car originally constructed or reconditioned within the period required by § 215.25 for periodic inspection, the symbol "INSP" followed by

(i) The month and year the car was last inspected as prescribed § 215.27;

by

(ii) The reporting mark of the railroad that initially operated the car after that inspection; and

(iii) Letters or abbreviated words which identify the entity that performed the inspection. Appendix C to this part contains examples of stenciling or other display required by this paragraph.

(d) To the extent that it is impracticable to stencil in a tabular form information described in paragraphs (b) and (c) of this section, this information may be stenciled or otherwise displayed in another form.

(e) Whenever any portion of the information which must be stenciled or otherwise displayed on a railroad freight car under paragraphs (c) (1)(5) and (7) of this section is missing, incorrect or illegible, the car must be inspected or lubricated as follows:

(1) With respect to the information under paragraphs (c) (1) and (2) of this section, the car must be

(ii) Lubricated as prescribed by § 215.97 or § 215.99 unless stenciling or other display under paragraphs (c) (3)-(5) of this section indicates that the car otherwise complies with the lubrication requirements of § 215.97 or § 215.99.

(2) With respect to the information under paragraphs (c) (3)-(5) of this section, the car must be lubricated as prescribed by § 215.97 or § 215.99.

(3) With respect to the information under paragraph (c)(7) of this section, the car must be inspected as prescribed by § 215.27.

[39 FR 25498, July 11, 1974, as amended at 39 FR 27139, July 25, 1974; 41 FR 44044, Oct. 6, 1976]

§ 215.15 Designation of qualified persons.

(a) Each railroad that operates railroad freight cars to which this part applies shall designate persons qualified to inspect railroad freight cars for defects prescribed by this part. Each person designated must have demonstrated to the railroad his knowledge and ability to inspect railroad freight cars for compliance with the applicable requirements of this part.

(b) With respect to designations under paragraph (a) of this section, each railroad shall maintain written records of

(1) Each designation in effect; and (2) The basis for each designation.

[38 FR 32230, Nov. 21, 1973, as amended at 39 FR 25499, July 11, 1974)

§ 215.17 Waivers.

(a) A railroad may petition the Federal Railroad Administrator for a waiver of compliance with any requirement prescribed in this part.

(b) Each petition for a waiver under this section must be filed in the manner and contain the information required by § 211.11 of this chapter.

(c) If the Administrator finds that a waiver of compliance is in the public interest and is consistent with railroad

§ 215.19 Civil penalty.

Any railroad that operates a railroad freight car in violation of any requirement prescribed in this part is liable to a civil penalty of at least $250 but not more than $2,500 for each violation. Each day of each violation constitutes a separate offense.

Subpart B-Inspection

§ 215.21 Scope.

This subpart prescribes requirements for inspection of railroad freight cars.

§215.23 Safety inspection required.

(a) After October 31, 1974, each railroad freight car in a train must be inspected for safety, in accordance with instructions approved by the Federal Railroad Administrator, by a qualified person designated under § 215.15 at the point where the car is placed in the train.

(b) Before August 1, 1974, each railroad that is in operation on July 1, 1974, and operates railroad freight cars to which this part applies shall submit to the Federal Railroad Administrator for approval under § 215.29 three copies of its instructions for safety inspections of railroad freight cars required by this section. Each railroad that commences operations after July 1, 1974, shall submit its instructions to the Administrator for approval at least 90 days before the date it commences operations. Instructions submitted to the Administrator for approval must include procedures to be followed by qualified persons to assure compliance with applicable requirements of this part.

[39 FR 25499, July 11, 1974]

(a) After December 31, 1977, a railroad may not operate a railroad freight car to transport materials assigned the hazard class of "Poison A" or "Class A Explosive" in § 172.101 of Chapter I of this title unless

(1) In the case of cars other than high utilization cars, the car was inspected as prescribed by § 215.27 within the preceding 48 months or was originally constructed or reconditioned within the preceding 96 months; and

(2) In the case of high utilization cars, the car was inspected as prescribed by § 215.27 within the preceding 12 months or was originally constructed or reconditioned within the preceding 24 months. However, a high utilization car for which a railroad maintains and makes available to the Federal Railroad Administration a mileage record sufficient to show that the car traveled less than 25,000 miles during the preceding 12 months may be operated if that car meets the inspection requirements of paragraph (a)(1) of this section and is stenciled in accordance with § 215.11(c)(6).

(b) After December 31, 1978, a railroad may not operate a railroad freight car unless

(1) In the case of cars other than high utilization cars, the car was inspected as prescribed by § 215.27 within the preceding 48 months or was originally constructed or reconditioned within the preceding 96 months; and

(2) In the case of high utilization cars, the car was inspected as prescribed by § 215.27 within the preceding 12 months or was originally constructed or reconditioned within the preceding 24 months. However, a high utilization car for which a railroad maintains and makes available to the Federal Railroad Administration a mileage record sufficient to show that the car traveled less than 25,000 miles during the preceding 12 months may be operated if that car meets the inspection requirements of paragraph (a)(1) of this section and is stenciled in accordance with § 215.11(a)(6).

(c) For the purpose of this section, a "high utilization car" is a car

(1) Specifically equipped to carry trucks, automobiles, containers, trailers, or removable trailer bodies for the transportation of freight; or

(2) Assigned to a train which operates in a continuous round trip cycle between the same two points.

(d) Before June 1, 1974, each railroad that is in operation on January 1, 1974, and has in service railroad freight cars to which this part applies shall submit to the Federal Railroad Administrator for approval under

§ 215.29 three copies of a program to bring all those cars into compliance with paragraphs (a) and (b) of this section by January 1, 1977. Each railroad that commences operations after January 1, 1974, shall submit a program to the Administrator for approval at least 90 days before the date it commences operations. Each program submitted to the Administrator for approval must include procedures to be followed by inspection personnel to assure compliance with all applicable requirements of this part.

[41 FR 44044, Oct. 6, 1976]

§ 215.27 Periodic inspection: Suspension and draft systems.

Each inspection under § 215.25 must include an examination, by a person designated under § 215.15, to determine that all components of a railroad freight car's

(a) Suspension system, including wheels, axles, bearings, adapters, and truck components; and

(b) Draft system, including couplers, cushioning units, center sill, body bolsters, and center plates-comply with the requirements of this part.

§ 215.29 Approval procedures.

Within 90 days after receipt of safety inspection instructions or periodic inspection program filed under this subpart, the Administrator notifies the railroad of his approval or that modification is necessary to comply with the applicable requirements of this part. The railroad may petition the Administrator to reconsider the notice to modify. The petition must be filed within 30 days after the railroad receives the notice. Unless the Administrator specifically decides oth

erwise, the filing of the petition does not stay the effectiveness of the notice pending a decision by the Administrator.

§ 215.31 Amendment procedures.

(a) The Federal Railroad Administrator may amend any instructions for a safety inspection or periodic inspection program approved under this part

(1) Upon application by the railroad concerned, if the Administrator determines that safety in rail transportation and the public interest allow the amendment; or

(2) On his own motion, if the Administrator determines that safety in rail transportation and the public interest require the amendment.

(b) In the case of an amendment proposed under paragraph (a)(2) of this section, the Administrator notifies the railroad in writing of the proposed amendment, fixing a reasonable period (but not less than 30 days) within which it may submit written information, views, and arguments on the amendment. After considering all relevant material the Administrator notifies the railroad of any amendment adopted, or rescinds the notice. The amendment becomes effective not less than 30 days after the railroad receives notice of its adoption, unless it petitions the Administrator to reconsider the amendment, in which case its effective date may be stayed by the Administrator. If the Administrator finds that there is an emergency requiring immediate action with respect to safety in rail transportation that makes the procedure in this paragraph impracticable or contrary to the public interest, he may issue an amendment effective on the date the railroad receives notice of it. In such a case, the Administrator incorporates the findings and a brief statement of the reasons for his action in the notice of amendment.

(c) An applicant must file its application for an amendment of instructions or inspection program with the Administrator at least 30 days before the date it proposes for the amendment to become effective.

[38 FR 32230, Nov. 21, 1973, as amended at 39 FR 25499, July 11, 1974]

7/8

METHOD OF MEASURING FLAT VERTICAL SURFACE OP WHEEL FLANGE USING GAGE NO. 1 FIGURE 2

(c) The flange is 11⁄2 inches or more from the tread to the top of the flange. (See Figure 3.)

METHOD OF MEASURING WHEEL RIM THICKNESS

USING GAGE NO. 2

FIGURE 4

(e) A cracked or broken rim, flange, plate, or hub.

(f) A chip in the flange that is more than 11⁄2 inches in length and one-half inch in width.

(g) Contiguous (adjoining) pieces of metal shelled out of the circumference of the tread.

(h) A slid-flat spot more than 21⁄2 inches in length or two adjoining flat spots each more than 2 inches in length.

(i) A hole through the wheel plate not intended by design.