49 CFR Part 215, Appendix B to Part 215 - Schedule of Civil Penalties 1

View PDF at GPO Pt. 215, App. B
Appendix B to Part 215—Schedule of Civil Penalties 1
Section Violation Willful violation
1 A penalty may be assessed against an individual only for a willful violation. Generally, when two or more violations of these regulations are discovered with respect to a single freight car that is placed or continued in service by a railroad, the appropriate penalties set forth above are aggregated up to a maximum of $16,000 per day. However, a failure to perform, with respect to a particular freight car, the predeparture inspection required by § 215.13 of this part will be treated as a violation separate and distinct from, and in addition to, any substantive violative conditions found on the car. The Administrator reserves the right to assess a penalty of up to $105,000 for any violation where circumstances warrant. See 49 CFR part 209, appendix A.
Failure to observe any condition for movement set forth in paragraphs (a) and (c) of § 215.9 will deprive the railroad of the benefit of the movement-for-repair provision and make the railroad and any responsible individuals liable for penalty under the particular regulatory section(s) concerning the substantive defect(s) present on the freight car at the time of movement.
Maintenance-of-way equipment not stenciled in accordance with § 215.305 is subject to all requirements of this part. See § 215.3(c)(3).
Subpart A—General:
215.9 Movement for repair:
(a), (c) (1) (1)
(b) $2,500 $5,000
215.11Designation of qualified persons 2,500 5,000
215.13Pre-departure inspection 2,000 4,000
Subpart B—Freight Car Components:
215.103Defective wheel:
(a) Flange thickness of:
(1) 7/8″ or less but more than 13/16 2,500 5,000
(2) 13/16″ or less 5,000 7,500
(b) Flange height of:
(1) 11/2″ or greater but less than 15/8 2,500 5,000
(2) 15/8″ or more 5,000 7,500
(c) Rim thickness of:
(1) 11/16″ or less but more than 5/8 2,500 5,000
(2) 5/8″ or less 5,000 7,500
(d) Wheel rim, flange plate hub width:
(1) Crack of less than 1″ 2,500 5,000
(2) Crack of 1″ or more 5,000 7,500
(3) Break 5,000 7,500
(e) Chip or gouge in flange of:
(1) 11/2″ or more but less than 15/8″ in length; and 1/2″ or more but less than 5/8″ in width. 2,500 5,000
(2) 15/8″ or more in length; or 5/8″ or more in width 5,000 7,500
(f) Slid flat or shelled spot(s):
(1)(i) One spot more than 21/2″, but less than 3″, in length 2,500 5,000
(ii) One spot 3″ or more in length 5,000 7,500
(2)(i) Two adjoining spots each of which is more than 2″ but less than 21/2″ in length 2,500 5,000
(ii) Two adjoining spots both of which are at least 2″ in length, if either spot is 21/2″, or more in length 5,000 7,500
(g) Loose on axle 6,000 8,500
(h) Overheated; discoloration extending:
(1) more than 4″ but less than 41/2 2,500 5,000
(2) 41/2″ or more 5,000 7,500
(i) Welded 5,000 7,500
215.105Defective axle:
(a)(1) Crack of 1″ or less. 2,500 5,000
(2) Crack of more than 1″ 5,000 7,500
(3) Break 6,000 8,500
(b) Gouge in surface that is between the wheel seats and is more than 1/8″ in depth 2,500 5,000
(c) End collar with crack or break 2,500 5,000
(d) Journal overheated 5,000 7,500
(e) Journal surface has: a ridge; a depression; a circumferential score; corrugation; a scratch; a continuous streak; pitting; rust; or etching 2,500 5,000
215.107Defective plain bearing box: general:
(a)(1) No visible free oil 1,500 3,000
(2) Lubricating pad dry (no expression of oil observed when pad is compressed) 5,000 7,500
(b) Box lid is missing, broken, or open except to receive servicing 1,000 2,000
(c) Contains foreign matter that can be expected to damage the bearing or have a detrimental effect on the lubrication of the journal and bearing 2,500 5,000
215.109Defective plain bearing box: journal lubrication system:
(a) Lubricating pad has a tear 1,000 2,000
(b) Lubricating pad scorched, burned, or glazed 2,500 5,000
(c) Lubricating pad contains decaying or deteriorating fabric 2,500 5,000
(d) Lubricating pad has an exposed center core or metal parts contacting the journal 2,500 5,000
(e) Lubricating pad is missing or not in contact with the journal 5,000 7,500
215.111Defective plain bearing:
(a) Missing 5,000 7,500
(b) Bearing liner is loose or has piece broken out 2,500 5,000
(c) Overheated 5,000 7,500
215.113Defective plain bearing wedge:
(a) Missing 5,000 7,500
(b) Cracked 2,500 5,000
(c) Broken 5,000 7,500
(d) Not located in its design position 5,000 7,500
215.115Defective roller bearing:
(a)(1) Overheated 5,000 7,500
(2) (i) Cap screw(s) loose 2,500 5,000
(ii) Cap screw lock broken, missing or improperly applied 1,000 2,000
(3) Seal is loose or damaged, or permits leakage of lubricant 2,500 5,000
(b)(1) Not inspected and tested after derailment 2,500 5,000
(2) Not disassembled after derailment 2,500 5,000
(3) Not repaired or replaced after derailment 5,000 7,500
215.117Defective roller bearing adapter:
(a) Cracked or broken 2,500 5,000
(b) Not in its design position 5,000 7,500
(c) Worn on the crown 2,500 5,000
215.119Defective freight car truck:
(a)(1) A side frame or bolster that is broken 5,000 7,500
(2)(i) Side frame or bolster with crack of: 1/4″ or more, but less than 1″ 2,500 5,000
(ii) 1″ or more 5,000 7,500
(b) A snubbing device that is ineffective or missing 2,500 5,000
(c) Side bearing(s):
(1) Assembly missing or broken 5,000 7,500
(2) In contact except by design 5,000 7,500
(3), (4) Total clearance at one end or at diagonally opposite sides of:
(i) more than 3/4″ but not more than 1″ 2,500 5,000
(ii) more than 1″ 5,000 7,500
(d) Truck spring(s):
(1) Do not maintain travel or load 2,500 5,000
(2) Compressed solid 2,500 5,000
(3) Outer truck springs broken or missing:
(i) Two outer springs 2,500 5,000
(ii) Three or more outer springs 5,000 7,500
(e) Truck bolster-center plate interference 5,000 7,500
(f) Brake beam shelf support worn 2,500 5,000
215.121Defective car body:
(a) Has less than 21/2″ clearance from the top of rail 2,500 5,000
(b) Car center sill is:
(1) Broken 6,000 8,500
(2) Cracked more than 6″ 2,500 5,000
(3) Bent or buckled more than 21/2″ in any 6′ length 2,500 5,000
(c) Coupler carrier that is broken or missing 2,500 5,000
(d) Car door not equipped with operative safety hangers 5,000 7,500
(e)(1) Center plate not properly secured 5,000 7,500
(2) Portion missing 2,500 5,000
(3) Broken 5,000 7,500
(4) Two or more cracks 2,500 5,000
(f) Broken sidesill, crossbearer, or body bolster 2,500 5,000
215.123Defective couplers:
(a) Shank bent out of alignment 1,000 2,000
(b) Crack in highly stressed junction area. 2,500 5,000
(c) Coupler knuckle broken or cracked 2,500 5,000
(d) Coupler knuckle pin or thrower that is missing or inoperative. 2,500 5,000
(e) Coupler retainer pin lock that is missing or broken 1,000 2,000
(f) Coupler with following conditions: locklift inoperative; no anticreep protection; or coupler lock is missing, inoperative, bent, cracked, or broken 2,500 5,000
215.125Defective uncoupling device 2,500 5,000
215.127Defective draft arrangement:
(a) Draft gear that is inoperative 2,500 5,000
(b) Yoke that is broken 2,500 5,000
(c) End of car cushioning unit is leaking or inoperative 2,500 5,000
(d) Vertical coupler pin retainer plate missing or has missing fastner 5,000 7,500
(e) Draft key or draft key retainer that is inoperative or missing 5,000 7,500
(f) Follower plate that is missing or broken 2,500 5,000
215.129Defective cushioning device 2,500 5,000
Subpart C—Restricted equipment:
215.203Restricted cars 2,500 5,000
Subpart D—Stencilling:
215.301General 1,000 2,000
215.303Stencilling of restricted cars 1,000 2,000
215.305Stencilling of maintenance-of-way 1,000 2,000
[53 FR 52925, Dec. 29, 1988, as amended at 63 FR 11620, Mar. 10, 1998; 69 FR 30593, May 28, 2004; 72 FR 51196, Sept. 6, 2007; 73 FR 79701, Dec. 30, 2008; 77 FR 24419, Apr. 24, 2012]

Title 49 published on 2014-10-01

no entries appear in the Federal Register after this date.