49 CFR Appendix B to Part 213, Schedule of Civil Penalties

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Appendix B to Part 213 - Schedule of Civil Penalties
Section Violation Willful Violation 1
Subpart A - General:
213.4(a) Excepted track 2 $2,500 $5,000
213.4(b) Excepted track 2 2,500 5,000
213.4(c) Excepted track 2 2,500 5,000
213.4(d) Excepted track 2 2,500 5,000
213.4(e):
(1) Excepted track 5,000 7,500
(2) Excepted track 7,000 10,000
(3) Excepted track 7,000 10,000
(4) Excepted track 5,000 7,500
213.4(f) Excepted track 2,000 4,000
213.7 Designation of qualified persons to supervise certain renewals and inspect track 1,000 2,000
213.9 Classes of track: Operating speed limits 2,500 2,500
213.11 Restoration or renewal of track under traffic conditions 2,500 2,500
213.13 Measuring track not under load 1,000 2,000
Subpart B - Roadbed:
213.33 Drainage 2,500 5,000
213.37 Vegetation 1,000 2,000
Subpart C - Track Geometry:
213.53 Gage 5,000 7,500
213.55 Track alinement 5,000 7,500
213.57 Curves; elevation and speed limitations 2,500 5,000
213.59 Elevation of curved track; runoff 2,500 2,500
213.63 Track surface 5,000 7,500
213.65 Combined track alinement and surface deviations 5,000 7,500
Subpart D - Track structure:
213.103 Ballast; general 2,500 5,000
213.109 Crossties
(a) Material used 1,000 2,000
(b) Distribution of ties 2,500 5,000
(c) and (d) Sufficient number of non-defective ties 1,000 2,000
(e) Joint ties 2,500 5,000
(f) Track constructed without crossties 2,500 5,000
213.110 Gage restraint measurement systems 5,000 7,500
213.113 Defective rails 5,000 7,500
213.115 Rail end mismatch 2,500 5,000
213.118 Continuous welded rail plan (a) through (e) 5,000 7,500
213.119 Continuous welded rail plan contents (a) through (k) 5,000 7,500
213.121 (a) Rail joints 2,500 5,000
213.121 (b) Rail joints 2,500 5,000
213.121 (c) Rail joints 5,000 7,500
213.121 (d) Rail joints 2,500 5,000
213.121 (e) Rail joints 2,500 5,000
213.121 (f) Rail joints 2,500 5,000
213.121 (g) Rail joints 2,500 5,000
213.121 (h) Rail joints 5,000 7,500
213.122 Torch cut rail 2,500 5,000
213.123 Tie plates 1,000 2,000
213.127 Rail Fastening Systems 2,500 5,000
213.133 Turnouts and track crossings, generally 1,000 1,000
213.135 Switches:
(a) through (g) 2,500 5,000
(h) chipped or worn points 5,000 7,500
213.137 Frogs 2,500 5,000
213.139 Spring rail frogs 2,500 5,000
213.141 Self-guarded frogs 2,500 5,000
213.143 Frog guard rails and guard faces; gage 2,500 5,000
Subpart E - Track appliances and track-related devices:
213.205 Derails 2,500 5,000
Subpart F - Inspection:
213.233 Track inspections 2,000 4,000
213.234 Automated inspection of track constructed with concrete crossties 5,000 7,500
213.235 Switches, crossings, transition devices 2,000 4,000
213.237 Inspection of rail 2,500 5,000
213.238 Qualified operator $2,500 $5,000
213.239 Special inspections 2,500 5,000
213.241 Inspection records 1,000 1,000
Subpart G - Train operations at track classes 6 and higher:
213.305 Designation of qualified individuals; general qualifications 1,000 2,000
213.307 Classes of track: operating speed limits 2,500 5,000
213.309 Restoration or renewal of track under traffic conditions 2,500 5,000
213.311 Measuring track not under load 1,000 2,000
213.319 Drainage 2,500 5,000
213.321 Vegetation 1,000 2,000
213.323 Track gage 5,000 7,500
213.327 Track alinement 5,000 7,500
213.329 Curves; elevation and speed limits 2,500 5,000
213.331 Track surface 5,000 7,500
213.332 Combined track alinement and surface deviations 5,000 7,500
213.333 Automated vehicle-based inspection systems 5,000 7,500
213.335 Crossties
(a) Material used 1,000 2,000
(b) Distribution of ties 2,500 5,000
(c) Sufficient number of nondefective ties, non-concrete 1,000 2,000
(d) Sufficient number of nondefective concrete ties 1,000 2,000
(e) Joint ties 2,500 5,000
(f) Track constructed without crossties 2,500 5,000
(g) Non-defective ties surrounding defective ties 2,500 5,000
(h) Tie plates 2,500 5,000
(i) Tie plates 1,000 2,000
213.337 Defective rails 5,000 7,500
213.339 Inspection of rail in service 2,500 5,000
213.341 Inspection of new rail 2,500 5,000
213.343 Continuous welded rail (a) through (h) 5,000 7,500
213.345 Vehicle/track system qualification:
(a) through (d) 5,000 7,500
(e) through (i) 2,500 5,000
213.347 Automotive or railroad crossings at grade 5,000 7,500
213.349 Rail end mismatch 2,500 5,000
213.351 (a) Rail joints 2,500 5,000
213.351 (b) Rail joints 2,500 5,000
213.351 (c) Rail joints 5,000 7,500
213.351 (d) Rail joints 2,500 5,000
213.351 (e) Rail joints 2,500 5,000
213.351 (f) Rail joints 5,000 7,500
213.351 (g) Rail joints 5,000 7,500
213. 352 Torch cut rails 2,500 5,000
213.353 Turnouts, crossovers, transition devices 1,000 2,000
213.355 Frog guard rails and guard faces; gage 2,500 5,000
213.357 Derails 2,500 5,000
213.359 Track stiffness 5,000 7,500
213.361 Right of way 5,000 7,500
213.365 Visual inspections 2,500 5,000
213.367 Special inspections 2,500 5,000
213.369 Inspections records 2,000 4,000

1 A penalty may be assessed against an individual only for a willful violation. The Administrator reserves the right to assess a penalty of up to $109,819 for any violation where circumstances warrant. See 49 CFR part 209, appendix A.

2 In addition to assessment of penalties for each instance of noncompliance with the requirements identified by this footnote, track segments designated as excepted track that are or become ineligible for such designation by virtue of noncompliance with any of the requirements to which this footnote applies are subject to all other requirements of part 213 until such noncompliance is remedied.

[ 63 FR 34029, June 22, 1998; 63 FR 45959, Aug. 28, 1998, as amended at 70 FR 66299, Nov. 2, 2005; 73 FR 79701, Dec. 30, 2008; 74 FR 43006, Aug. 25, 2009; 77 FR 24419, Apr. 24, 2012; 78 FR 16115, Mar. 13, 2013; 79 FR 4260, Jan. 24, 2014; 81 FR 43109, July 1, 2016]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

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United States Code
Statutes at Large

Title 49 published on 2015-12-03

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 49 CFR Part 213 after this date.

  • 2016-07-01; vol. 81 # 127 - Friday, July 1, 2016
    1. 81 FR 43105 - Implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act for a Violation of a Federal Railroad Safety Law or Federal Railroad Administration Safety Regulation or Order
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, Federal Railroad Administration
      Interim final rule.
      This interim final rule is effective August 1, 2016.
      49 CFR Parts 209, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, and 272