Proposed Revisions to the Schedules of Civil Penalties for a Violation of a Federal Railroad Safety Law or Federal Railroad Administration Safety Regulation, 70590-70637 [E6-20031]

Agencies

• Federal Railroad Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 71, Number 233 (Tuesday, December 5, 2006)]
[Proposed Rules]
[Pages 70590-70637]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-20031]



[[Page 70589]]

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Part II





Department of Transportation





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Federal Railroad Administration



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49 CFR Parts 213, 214 et al.



Proposed Revisions to the Schedules of Civil Penalties for a Violation 
of a Federal Railroad Safety Law or Federal Railroad Administration 
Safety Regulation; Proposed Rule

Federal Register / Vol. 71, No. 233 / Tuesday, December 5, 2006 / 
Proposed Rules

[[Page 70590]]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Parts 213, 214, 215, 217, 218, 219, 220, 221, 222, 223, 224, 
225, 228, 229, 230, 231, 232, 233, 234, 235, 236, 238, 239, 240, 
and 241

[Docket No. FRA-2006-25274]
RIN 2130-AB81


Proposed Revisions to the Schedules of Civil Penalties for a 
Violation of a Federal Railroad Safety Law or Federal Railroad 
Administration Safety Regulation

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Proposed schedules of civil penalties with request for 
comments.

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SUMMARY: FRA is issuing for comment proposed statements of agency 
policy that would amend the 25 schedules of civil penalties (Schedules) 
issued as appendixes to FRA's safety regulations to reflect more 
accurately the safety risks associated with a violation of each section 
or subsection of the regulations, as well as to make sure that the 
civil monetary penalty amounts (CMP) are consistent across all the 
safety regulations. These proposed revisions to the Schedules are being 
published to inform members and representatives of the regulated 
community and the general public of the amount of the civil penalty 
that a respondent would likely be assessed for a given violation and to 
invite their comments on those proposed amounts. In addition, FRA is 
proposing to correct any obvious errors or omissions in the Schedules.

DATES: Written comments must be received by January 4, 2007. Comments 
received after that date will be considered to the extent possible 
without incurring additional delay or expense.

ADDRESSES: Comments: Comments related to this Docket No. FRA 2006-
25274, Notice No. 1, may be submitted by any of the following methods:
     Web Site: https://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
     Fax: 202-493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC between 9 a.m. 
and 5 p.m. Monday through Friday, except Federal holidays.
     Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the online instructions for submitting 
comments.
    Instructions: All submissions must include the agency name and 
docket number or Regulatory Identification Number (RIN) for this 
rulemaking. Note that all comments received will be posted without 
change to https://dms.dot.gov including any personal information.
    Docket: For access to the docket to read background documents or 
comments received go to https://dms.dot.gov at any time or to PL-401 on 
the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal Holidays.

FOR FURTHER INFORMATION CONTACT: Edward Pritchard, Director, Office of 
Safety Assurance and Compliance, FRA, 1120 Vermont Avenue, NW., 
Washington, DC 20590 (telephone 202-493-6247), 
edward.pritchard@dot.gov; or Carolina Mirabal, Trial Attorney, Office 
of Chief Counsel, FRA, 1120 Vermont Avenue, NW., Mail Stop 10, 
Washington, DC 20590 (telephone 202-493-6043), 
carolina.mirabal@dot.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents for Supplementary Information

I. Background
II. FRA's Approach to Reevaluating the Schedules of Civil Penalties
III. Rankings of the Sections or Subsections of Each of the Rail 
Safety Regulations
    A. Motive Power and Equipment Regulations (CFR Parts 215, 218 
(Partially), 223, 224, 229, 230, 231, 232, 238, and 239 (Partially))
    B. Track and Workplace Safety Regulations (CFR Parts 213 and 
214)
    C. Grade Crossing Signal Systems and Signal and Train Control 
Regulations (CFR Parts 233, 234, 235, and 236)
    D. Operating Practices Regulations (CFR Parts 214, 217, 218 
(Partially), 219, 220, 221, 222, 225, 228, 239 (Partially), 240, and 
241)
List of Subjects in 49 CFR Parts 213, 214, 215, 217, 218, 219, 220, 
221, 222, 223, 224, 225, 228, 229, 230, 231, 232, 233, 234, 235, 
236, 238, 239, 240, and 241

I. Background

    FRA last published comprehensive revisions to the Schedules of its 
safety regulations on December 29, 1988. 53 FR 52918. The revisions 
reflected the higher maximum penalty amounts made available by the 
enactment of the Rail Safety Improvement Act of 1988 (RSIA) (Pub. L. 
100-342). 53 FR 52918. With the exception of the penalties relating to 
the hours of service laws (49 U.S.C. Ch. 211), RSIA raised the maximum 
CMP for any ordinary violation from $2,500 to $10,000 (the ordinary 
maximum) and to $20,000 (the aggravated maximum) for a grossly 
negligent violation or a pattern of repeated violations that has 
created an imminent hazard of death or injury or caused death or 
injury. Therefore, FRA published amendments to the Schedules in order 
to ``give effect to the full range of civil penalties * * * permitted 
to be assessed for violation of specific regulations.'' 53 FR 52918. 
These amendments revised not only the maximum civil penalty amount for 
any violation, but also the individual line-item penalties for specific 
sections or subsections of the regulations.
    The Rail Safety Enforcement and Review Act (RSERA) of 1992 (Pub. L. 
102-365) increased the maximum CMP from $1,000 to $10,000 and in some 
cases to $20,000, for a violation of the hours of service laws, making 
these penalty amounts uniform with those of FRA's other regulatory 
provisions. RSERA also increased the minimum CMP from $250 to $500 for 
all of FRA's regulatory provisions.
    Since the publication of the Schedules in 1988, FRA has only 
adjusted its minimum and ordinary or aggravated maximum CMPs to conform 
to the mandates of the Federal Civil Penalties Inflation Adjustment Act 
of 1990 (Inflation Act). The Inflation Act required that an agency 
adjust by regulation each maximum CMP, or range of minimum and maximum 
CMPs within that agency's jurisdiction by October 23, 1996, and adjust 
those penalty amounts once every four years thereafter to reflect 
inflation. Public Law 101-410, 104 Stat. 890, 28 U.S.C. 2461, note, as 
amended by Section 31001(s)(1) of the Debt Collection Improvement Act 
of 1996, Public Law 104-134, 110 Stat. 1321-373, April 26, 1996. In the 
Inflation Act, Congress found a way to counter the effect that 
inflation has had on the CMPs by having the agencies charged with 
enforcement responsibility administratively adjust the CMPs. Currently 
FRA's minimum CMP is $550, the ordinary maximum is $11,000, and the 
aggravated maximum is $27,000 (for when a ``grossly negligent violation 
or pattern of repeated violations has caused an imminent hazard of 
death or injury to individuals, or has caused death or injury'').
    The Inflation Act requires only that the minimum, maximum and 
aggravated maximum civil penalty for a violation be adjusted, not that 
the guideline penalty amounts for a specific type of violation be 
adjusted; therefore, FRA

[[Page 70591]]

has not adjusted the line-item guideline penalties found in the 
Schedules in conjunction with its adjustments of the minimum, maximum 
and aggravated maximum civil penalties. FRA's practice has been to 
issue Schedules assigning to each section or subsection of the 
regulations specific dollar amounts for initial penalty assessments. 
These Schedules (and all line-item penalty amounts found within them) 
are statements of agency policy that specify the CMP that FRA will 
ordinarily assess for the violation of a particular section or 
subsection of a safety regulation, and are published to inform members 
of the regulated community of the amount that they are likely to be 
assessed for a given violation within the range of $550 to $11,000. The 
Schedules are ``meant to provide guidance as to FRA's policy in 
predictable situations, not to bind FRA from using the full range of 
penalty authority where extraordinary circumstances warrant.'' 49 CFR 
part 209, App. A. Thus, regardless of the amounts shown in the 
Schedules, FRA continues to reserve the right to assess an amount other 
than that listed in the Schedules based on the circumstances of the 
alleged violation, as well as the statutory maximum CMP of up to 
$27,000 per violation in situations ``where a grossly negligent 
violation or a pattern of repeated violations has caused an imminent 
hazard of death or injury to individuals, or has caused death or 
injury.''

II. FRA's Approach to Reevaluating the Schedules of Civil Penalties

    The Federal Railroad Administrator is authorized as the delegate of 
the Secretary of Transportation to enforce the Federal railroad safety 
statutes (49 U.S.C. Ch. 201-213) and regulations, including the 
statutory civil penalty provisions at 49 U.S.C. Ch. 213. 49 CFR 1.49. 
FRA currently has 25 regulations that contain Schedules.\1\ FRA is 
proposing to amend each of the line-item penalty amounts contained 
within the Schedules for each of the regulations. In addition, FRA 
would correct any obvious errors or omissions in the Schedules. For 
example, FRA would add a line-item penalty for any existing section or 
subsection that has been inadvertently omitted from an existing 
Schedule, such as 49 CFR 213.110. FRA would also correct obvious 
spelling or typographical errors that are caught during the review 
process. Because the Schedules are statements of agency policy, FRA has 
authority to issue these amendments without having to follow the notice 
and comment procedures under the Administrative Procedure Act, 5 U.S.C. 
553(b)(3)(A). Nevertheless, FRA is providing members and 
representatives of the regulated community and the general public with 
an opportunity to comment on the proposed line-item penalty amounts 
before amending the Schedules.
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    \1\ FRA is not amending the Schedule found in 49 CFR part 210 
because that part is enforcing the Railroad Noise Emission Standards 
established by the Environmental Protection Agency in 40 CFR part 
201.
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    In reevaluating the penalty amounts in the Schedules, FRA has 
developed the following Severity Scale (Severity Scale) for setting the 
line-item penalty amounts for each of the provisions in the safety 
regulations:

Severity Scale for Setting Line-Item Penalty Amounts in FRA Penalty 
Schedules

    FRA's regulations are intended either to prevent a railroad 
accident/incident or to mitigate the consequences if one were to occur. 
For the most severe ratings on the scale, FRA concentrated on the 
degrees of likelihood that an accident/incident \2\ will occur or that 
graver consequences will occur as a result of failing to comply with 
the section. The following severity scale is intended to reflect this 
focus:
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    \2\ ``Accidents/incidents'' is defined at 49 CFR 225.5 and 
225.19(c). The term includes highway-rail grade crossing accidents/
incidents, rail equipment accidents/incidents, and accidents/
incidents resulting in death, injury, or occupational illness. A 
highway-rail grade crossing accident/incident is ``[a]ny impact 
between railroad on-track equipment and an automobile, bus, truck, 
motorcycle, bicycle, farm vehicle, or pedestrian at a highway-rail 
grade crossing.'' 49 CFR 225.5, read in light of 49 CFR 225.19(c). 
Rail equipment accidents/incidents are defined in 49 CFR 225.19(c) 
to include ``collisions, derailments, fires, explosions, acts of 
God, and other events involving the operation of on-track equipment 
(standing or moving) * * * that result in damage to railroad 
property that is greater than the reporting threshold.'' Currently 
the reporting threshold is $7,700. 70 FR 754141, 75417 (Dec. 20, 
2005).
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    Level A--Very High Probability--Failure of railroad to comply with 
this section or subsection of the Code of Federal Regulations (CFR) is 
extremely likely to result in one or more of the following events, but 
does not create an imminent hazard of death or injury to individuals or 
causes an actual death or injury \3\:
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    \3\ FRA has statutory authority to assess civil penalties in the 
range of $550 (minimum) to $11,000 (maximum) for ordinary violations 
of its regulations. FRA may only assess a penalty at the statutory 
maximum of $27,000 ``when a grossly negligent violation or a pattern 
of repeated violations has caused an imminent hazard of death or 
injury to individuals, or has caused death or injury.'' A $27,000 
statutory maximum penalty is the equivalent of a Level A Plus and is 
therefore off the scale.
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    1. Rail equipment accident/incident; or
    2. Other accident/incident (not a rail equipment accident/
incident).
    FRA is proposing to issue a CMP guideline for Level ``A'' of $8,500 
for ordinary violations and $11,000 for willful violations of the 
regulations.
    Level B--High Probability--Failure of railroad to comply with this 
section or subsection of the CFR is more likely than not to result in 
the occurrence of:
    1. Rail equipment accident/incident; or
    2. Other accident/incident (not a rail equipment accident/
incident).
    FRA is proposing to issue a CMP guideline for Level ``B'' of $6,500 
for ordinary violations and $9,000 for willful violations of the 
regulations.
    For the following levels, FRA is not only addressing the likelihood 
that noncompliance will or could contribute to an accident or 
aggravated consequences if an accident occurred, but also the 
importance of maintaining compliance in order to prevent violations of 
these CFR sections or subsections from becoming leading accident causes 
in the future.
    Level C--Moderate Probability--Failure of railroad to comply with 
this section or subsection of the CFR substantially increases the 
likelihood that one of the following will occur:
    1. Rail equipment accident/incident; or
    2. Other accident/incident (not a rail equipment accident/
incident).
    FRA is proposing to issue a CMP guideline for Level ``C'' of $5,000 
for ordinary violations and $7,500 for willful violations of the 
regulations.
    Level D--Minor Probability--Failure of the railroad to comply with 
this section or subsection of the CFR slightly increases the likelihood 
that one of the following will occur:
    1. Rail equipment accident/incident; or
    2. Other accident/incident (not a rail equipment accident/
incident).
    FRA is proposing to issue a CMP guideline for Level ``D'' of $3,000 
for ordinary violations and $4,500 for willful violations of the 
regulations.
    Level E--Minimal Probability--Failure to comply with this CFR 
section or subsection does not increase the likelihood that a rail 
equipment accident/incident or other accident/incident will occur, 
except in special circumstances, such as if the noncompliance is 
willful or widespread. Nevertheless, noncompliance with any one of 
these provisions undercuts the effectiveness of the Federal railroad 
safety program, and could compromise the safety of rail operations.
    Example: Violation of Sec.  225.13--Late Reports--Submitting a late 
accident/

[[Page 70592]]

incident report to FRA does not increase the likelihood that a rail 
equipment accident/incident or other accident/incident will occur. 
Widespread noncompliance with that provision, however, could lead to 
inaccuracies in Federal accident databases, which in turn could delay 
FRA's response to emerging safety problems.
    FRA is proposing to issue a CMP guideline for Level ``E'' of $1,500 
for ordinary violations and $2,500 for willful violations of the 
regulations.
    As the Severity Scale shows, there are five different degrees of 
probabilities, ranging from A (the most severe) to E (the least severe 
of the types of violations). In developing the rankings (A through E), 
FRA concentrated on the degrees of likelihood that an accident/incident 
will occur or that graver consequences will occur as a result of the 
failure to comply with the particular section or subsection of the 
safety regulations. The Severity Scale was then used by FRA to assign a 
ranking (from A to E) to each of the provisions of the particular 
safety regulations that it has responsibility for administering and 
enforcing. The resulting line-item penalty amounts for each of the 
sections or subsections of the safety regulations affected reflect 
FRA's determination, based on safety data and industry knowledge, of 
how likely the violation of a particular section or subsection is to 
result in a rail equipment accident/incident or other type of accident/
incident. FRA not only increased the penalty amounts in some instances, 
but also reduced the penalty amounts for some sections or subsections 
where it determined that a violation of the particular regulation 
constituted less of a safety risk. A determination by FRA that a CFR 
section or subsection does not increase the likelihood than a rail 
equipment accident/incident or other accident will occur, however, does 
not mean that this section or subsection is inconsequential to the 
effectiveness of the Federal railroad safety program or to the overall 
safety of railroad operations.
    The new Schedules will continue to have two categories of 
violations: Ordinary and willful. See 49 CFR part 209, App. A for a 
discussion of ``willful'' violations. The ordinary penalties apply to 
railroads or other respondents, except individuals, while the 
``willful'' column applies to willful violations committed by railroads 
or other respondents, including individuals. Each Schedule lists the 
CFR section or subsection in the left hand column, with the 
corresponding penalties listed in the columns next to it. The only 
exception continues to be 49 CFR part 231; what are listed in the left 
hand column of the Schedule are the FRA ``defect codes'' \4\ for that 
part, and not the corresponding CFR sections. The reason for this 
continues to be the fact that the defect codes are organized by the 
type of safety appliance, which makes them easier to use, than the 
section numbers of part 231, which are organized primarily by car type. 
Nevertheless, if necessary, every defect code can be traced to a 
specific regulatory provision in part 231 or statutory provision in 49 
U.S.C. Chapter 203, or both.
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    \4\ Defect codes were developed by FRA in order to facilitate 
computerization of inspection data generated by FRA inspectors by 
providing a digital format for every CFR section. Defect codes are 
analytical tools only and are subject to change without notice.
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    The following chart summarizes the proposed guideline amounts for 
ordinary and willful violations by severity level:

------------------------------------------------------------------------
                                                  Ordinary     Willful
                Severity level                   violations   violations
------------------------------------------------------------------------
Level A.......................................       $8,500      $11,000
Level B.......................................        6,500        9,000
Level C.......................................        5,000        7,500
Level D.......................................        3,000        4,500
Level E.......................................        1,500        2,500
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III. Rankings of the Sections or Subsections of Each of the Rail Safety 
Regulations

    Although the railroad industry's overall safety record has improved 
over the last decade, significant train accidents/incidents continue to 
occur. As a result, the FRA's safety program is being guided by careful 
analysis of accident/incident, inspection, and other safety data. FRA 
has also directed both its regulatory and compliance efforts toward the 
areas that involve the highest of safety risks, in order to reduce the 
number and severity of accidents/incidents caused by a failure to 
comply with those safety regulations. Therefore, the goal of the new 
line-item penalty amounts for each of the Schedules is to reflect the 
different degrees of probability that a violation of a particular CFR 
section or subsection will result in a rail equipment accident/incident 
or other accident/incident, in order to improve the overall safety of 
railroad operations.

A. Motive Power and Equipment Regulations (MP&E) (49 CFR Parts 215, 218 
(Partially), 223, 224, 229, 230, 231, 232, 238, and 239 (Partially))

    In reevaluating the line-item penalty amounts for each of the CFR 
sections or subsections found in Parts 215, 218 (partially), 223, 224, 
229, 231, 232, 238, and 239 (partially) of the CFR, FRA took into 
consideration, among other factors, the nationwide list of ``Top 10'' 
MP&E defects. The defects are listed in the table below, in descending 
order, according to the number of times that each defect was determined 
to have caused a rail equipment accident/incident, excluding highway-
rail grade crossing accidents/incidents that are also classified as 
rail equipment accidents/incidents (hereinafter) ``train accidents,'' 
between 2002 and 2005.

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Journal (roller bearing) overheated-- Coupler/draft system defects
 (158)                                 (car)--(55)
Truck bolster stiff--(78)             Electrically caused fire
                                       (locomotive)--(50)
Side bearing clearance insufficient-- Coupler retainer pin/cross key--
 (67)                                  (48)
Broken rim--(62)                      Damaged flange or tread (built
                                       up)--(45)
Pantograph defect (locomotive)--(59)  Rigging down or dragging--(43)
------------------------------------------------------------------------

    The CFR sections or subsections that relate to the defects 
associated with greater safety risks have received more severe rankings 
in the Schedules, and as such now carry higher CMP amounts. For 
example, a violation of 49 CFR 215.103(d)(3), which is a defective 
wheel rim with a crack of one inch or more, received an ``A'' severity 
ranking (and a proposed guideline penalty amount of $8,500) because of 
the high safety risk that the defect will cause a broken-rim 
derailment. In addition, the FRA applied the Severity Scale in order to 
determine the degrees of likelihood that any type of accident/incident 
will occur as a result of noncompliance with the regulations.

B. Track and Workplace Safety Regulations (49 CFR Parts 213 and 214)

    In recent years, most of the serious accidents/incidents (train 
collisions or derailments resulting in a release of hazardous materials 
or harm to rail passengers, rail employees, or the general public) 
resulted from human factor or track causes. Over the last five years 34 
percent of train accidents were caused by track defects. In an effort 
to reduce track accidents, FRA is focusing its track inspections on the 
areas of highest risks and encouraging inspectors to recommend 
enforcement action on the kinds of violations that are considered 
leading causes of track-caused train accidents. Therefore, in 
evaluating the line-item penalty amounts for all the sections or 
subsections, FRA took into consideration the leading causes of

[[Page 70593]]

track-related train accidents when applying the Severity Scale to the 
Track Safety Standards. For example, 49 CFR 213.53(b)--Gage--received 
an ``A'' (and a proposed penalty guideline amount of $8,500) ranking 
because it is one of the leading causes of track-related train 
accidents.
    In ranking the sections or subsections of 49 CFR part 214 (Part 
214)--Railroad Workplace Safety, FRA took into consideration not only 
the probability that an accident/incident could result if a violation 
occurred, but also the fact that the accident/incident could result in 
serious injury or death. One example of the rankings for part 214 is 
the ranking for the second type of violation of section 214.103, which 
requires bridge workers to use fall protection. This subsection 
received a ranking of ``A'' (and a proposed guideline penalty of 
$8,500) because a violation of the subsection could result in serious 
injury or death, as evidenced by the several bridge worker fatalities 
in the past 10 years due to the failure to use fall protection.

C. Grade Crossing Signal Systems and Signal and Train Control 
Regulations (CFR Parts 233, 234, 235, and 236)

    FRA applied the Severity Scale to each of the sections in Parts 
233, 234, 235, and 236, in order to determine the appropriate rankings 
for each of the sections or subsections of the regulations. In the area 
of signal and train control (S&TC), FRA followed the Severity Scale, 
which concentrates on the potential for an accident/incident resulting 
from noncompliance. While there are relatively few train accidents 
associated with S&TC causes and few highway-rail grade crossing 
accidents/incidents associated with S&TC causes that have occurred in 
recent years, it is imperative that the Schedules still reflect the 
levels of risks associated with the violation of these CFR sections or 
subsections, in order to prevent future S&TC-caused accidents.

D. Operating Practices Regulations (CFR Parts 217, 218 (Partially), 
219, 220, 221, 222, 225, 228, 239 (Partially), 240, and 241)

    Over the last five years, human-factor-related causes have 
accounted for 38 percent of all train accidents. A review of the FRA's 
Office of Safety database indicated that the top four human factor 
causes contributing to train accidents are as follows: (1) Switch 
improperly lined; (2) shoving movement, absence of employee on, at or 
ahead of movement; (3) shoving movement, failure to control; and (4) 
buff/slack action excess, train handling. These top causes are often 
involved in violations of such regulations as 49 CFR part 220, Railroad 
Communications. A review of the top four causes for human factors train 
accidents between 2001 and 2005 showed that these causes accounted for 
2,175 reportable train accidents/incidents (including 12 employee 
fatalities, 389 employee injuries, and $60,550,000 in rail and 
equipment damages). Therefore, when applying the Severity Scale to the 
CFR sections or subsections, FRA considered all of this safety 
information in order to ensure that each line-item penalty amount 
reflected the likelihood that noncompliance would result in a train 
accident/incident, or that graver consequences would occur as a result 
of failing to comply with the section or subsection of the regulations 
\5\.
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    \5\ FRA has separately proposed that additional Railroad 
Operating Rules be incorporated in the Federal regulations and made 
directly enforceable. The notice of proposed rulemaking was issued 
on October 12, 2006, and included additional amendments to the 
Schedules of Parts 217 and 218. See 71 FR 60372.
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List of Subjects

 49 CFR Part 213

    Bridges, Occupational safety and health, Penalties, Railroad 
safety, Reporting and recordkeeping requirements.

49 CFR Part 214

    Bridges, Occupational safety and health, Penalties, Railroad 
safety, Reporting and recordkeeping requirements.

49 CFR Part 215

    Freight, Penalties, Railroad safety, Reporting and recordkeeping 
requirements.

49 CFR Part 217

    Penalties, Railroad safety, Reporting and recordkeeping 
requirements.

49 CFR Part 218

    Occupational safety and health, Penalties, Railroad employees, 
Railroad safety, Reporting and recordkeeping requirements.

49 CFR Part 219

    Alcohol abuse, Drug abuse, Drug testing, Penalties, Railroad 
safety, Reporting and recordkeeping requirements, safety, 
Transportation.

49 CFR Part 220

    Penalties, Radio, Railroad safety.

49 CFR Part 221

    Penalties, Railroad safety, reporting and recordkeeping 
requirements.

49 CFR Part 222

    Administrative practice and procedure, Penalties, Railroad safety, 
Reporting and recordkeeping requirements.

49 CFR Part 223

    Glass and glass products, Penalties, Railroad safety, Reporting and 
recordkeeping requirements.

49 CFR Part 224

    Incorporation by reference, Penalties, Railroad locomotive safety, 
Railroad safety, Reporting and recordkeeping requirements.

49 CFR Part 225

    Investigations, Penalties, Railroad safety, Reporting and 
recordkeeping requirements.

49 CFR Part 228

    Penalties, Railroad employees, Reporting and recordkeeping 
requirements.

49 CFR Part 229

    Penalties, Railroad safety, Reporting and recordkeeping 
requirements.

49 CFR Part 230

    Penalties, Railroad safety, Reporting and recordkeeping 
requirements.

49 CFR Part 231

    Penalties, Railroad safety.

49 CFR Part 232

    Penalties, Railroad safety, Reporting and recordkeeping 
requirements.

49 CFR Part 233

    Penalties, Railroad safety, Reporting and recordkeeping 
requirements.

49 CFR Part 234

    Highway safety, Penalties, Railroad safety, Reporting and 
recordkeeping requirements.

49 CFR Part 235

    Administrative practice and procedure, Penalties, Railroad safety, 
Reporting and recordkeeping requirements.

49 CFR Part 236

    Penalties, Railroad safety, Reporting and recordkeeping 
requirements.

49 CFR Part 238

    Fire prevention, Penalties, Railroad safety, Reporting and 
recordkeeping requirements.

49 CFR Part 239

    Penalties, Railroad safety, Reporting and recordkeeping.

[[Page 70594]]

49 CFR Part 240

    Administrative practice and procedure, Penalties, Railroad 
employees, Railroad safety, Reporting and recordkeeping requirements.

49 CFR Part 241

    Communications, Penalties, Railroad safety, Reporting and 
recordkeeping requirements.

    In consideration of the foregoing, FRA proposes to amend Parts 213, 
214, 215, 217, 218, 219, 220, 221, 222, 223, 224, 225, 228, 229, 230, 
231, 232, 233, 234, 235, 236, 238, 239, 240, and 241 of Subtitle B, 
Chapter II of Title 49 of the Code of Federal Regulations as follows:

PART 213--[AMENDED]

    1. The authority citation for part 213 continues to read as 
follows:

    Authority: 49 U.S.C. 20102-20114 and 20142; 28 U.S.C. 2461, 
note; and 49 CFR 1.49(m).

    2. Appendix B to part 213 is revised to read as follows:

        Appendix B to Part 213.--Schedule of Civil Penalties \1\
------------------------------------------------------------------------
                                                              Willful
               Section \2\                   Violation       violation
------------------------------------------------------------------------
                           Subpart A--General
------------------------------------------------------------------------
213.4(a) Excepted track \2\.............          $5,000          $7,500
213.4(b) Excepted track \2\.............           6,500           9,000
213.4(c) Excepted track \2\.............           6,500           9,000
213.4(d) Excepted track \2\.............           6,500           9,000
213.4(e):
    (1) Excepted track..................           6,500           9,000
    (2) Excepted track..................           6,500           9,000
    (3) Excepted track..................           6,500           9,000
    (4) Excepted track..................           6,500           9,000
213.4(f) Excepted track.................           3,000           4,500
213.7 Designation of qualified persons             5,000           7,500
 to supervise certain renewals and
 inspect track..........................
213.9 Classes of track: Operating speed            8,500          11,000
 limits.................................
213.11 Restoration or renewal of track             5,000           7,500
 under traffic conditions...............
213.13 Measuring track not under load...           6,500           9,000
------------------------------------------------------------------------
                           Subpart B--Roadbed
------------------------------------------------------------------------
213.33 Drainage.........................           6,500           9,000
213.37 Vegetation.......................           5,000           7,500
------------------------------------------------------------------------
                        Subpart C--Track Geometry
------------------------------------------------------------------------
213.53 Gage.............................           8,500          11,000
213.55 Alignment........................           6,500           9,000
213.57 Curves; elevation and speed                 6,500           9,000
 limitations............................
213.59 Elevation of curved track; runoff           6,500           9,000
213.63 Track surface....................           6,500           9,000
------------------------------------------------------------------------
                       Subpart D--Track Structure
------------------------------------------------------------------------
213.103 Ballast; general................           5,000           7,500
213.109 Crossties
    (a) Material used...................           3,000           4,500
    (b) Distribution of ties............           6,500           9,000
    (c) Sufficient number of                       5,000           7,500
     nondefective ties..................
    (d) Sufficient number of                       5,000           7,500
     nondefective ties (effective 9/21/
     2000)..............................
    (f) Joint ties......................           5,000           7,500
    (g) Track constructed without                  5,000           7,500
     crossties..........................
213.110 Gage restraint measurement
 systems
    (a) through (b) Notification........           5,000           7,500
    (c) Design requirements.............           6,500           9,000
    (g) through (i) Exception reports...           5,000           7,500
    (j) Data integrity..................           6,500           9,000
    (k) Training........................           5,000           7,500
    (l) Remedial actions................           8,500          11,000
    (m) PTLF............................           6,500           9,000
    (n) Recordkeeping...................           5,000           7,500
    (o) Inspection frequency............           8,500          11,000
213.113 Defective rails.................           8,500          11,000
213.115 Rail end mismatch...............           5,000           7,500
213.119 Continuous welded rail
    (a) CWR plan filed with FRA.........           6,500           9,000
    (b) CWR fastening requirements......           6,500           9,000
    (c) CWR rail temperature                       6,500           9,000
     requirements.......................
    (d) CWR alignment monitoring                   6,500           9,000
     requirements.......................
    (e) Procedures for controlling train           6,500           9,000
     speed on CWR track.................
    (f) CWR track inspections...........           6,500           9,000
    (g) CWR joint bar inspections.......           6,500           9,000

[[Page 70595]]

 
    (h) CWR training....................           6,500           9,000
    (i) CWR recordkeeping requirements..           6,500           9,000
213.121(a) Rail joints..................           6,500           9,000
213.121(b) Rail joints..................           6,500           9,000
213.121(c) Rail joints..................           8,500          11,000
213.121(d) Rail joints..................           6,500           9,000
213.121(e) Rail joints..................           6,500           9,000
213.121(f) Rail joints..................           6,500           9,000
213.121(g) Rail joints..................           6,500           9,000
213.121(h) Rail joints..................           6,500           9,000
213.122 Torch cut rail..................           6,500           9,000
213.123 Tie plates......................           5,000           7,500
213.127 Rail fastenings.................           6,500           9,000
213.133 Turnouts and track crossings,              5,000           7,500
 generally..............................
213.135 Switches:
    (a) through (g).....................           6,500           9.000
    (h) chipped or worn points..........           6,500           9,000
213.137 Frogs...........................           6,500           9,000
213.139 Spring rail frogs...............           6,500           9,000
213.141 Self-guarded frogs..............           5,000           7,500
213.143 Frog guard rails and guard                 6,500           9,000
 faces; gage............................
------------------------------------------------------------------------
          Subpart E--Track Appliances and Track-Related Devices
------------------------------------------------------------------------
213.205 Derails.........................           5,000           7,500
------------------------------------------------------------------------
                          Subpart F--Inspection
------------------------------------------------------------------------
213.233 Track inspections...............           5,000           7,500
213.235 Switches, crossings, transition            5,000           7,500
 devices................................
213.237 Inspection of rail..............           6,500           9,000
213.239 Special inspections.............           5,000           7,500
213.241 Inspection records..............           5,000           7,500
------------------------------------------------------------------------
                          Subpart G--High Speed
------------------------------------------------------------------------
213.305 Designation of qualified                   8,500          11,000
 individuals; general qualifications....
213.307 Class of track; operating speed            8,500          11,000
 limits.................................
213.309 Restoration or renewal of track            8,500          11,000
 under traffic conditions...............
213.311 Measuring track not under load..           6,500           9,000
213.319 Drainage........................           5,000           7,500
213.321 Vegetation......................           5,000           7,500
213.323 Track gage......................           8,500          11,000
213.327 Alignment.......................           8,500          11,000
213.329 Curves, elevation and speed                8,500          11,000
 limits.................................
213.331 Track surface...................           8,500          11,000
213.333 Automated vehicle inspection               8,500          11,000
 systems................................
213.335 Crossties
    (a) Material used...................           5,000           7,500
    (b) Distribution of ties............           6,500           9,000
    (c) Sufficient number of                       5,000           7,500
     nondefective ties, non-concrete....
    (d) Sufficient number of                       8,500          11,000
     nondefective, concrete ties........
    (e) Joint ties......................           8,500          11,000
    (f) Track constructed without                  8,500          11,000
     crossties..........................
    (g) Non-defective ties surrounding             8,500          11,000
     defective ties.....................
    (h) Tie plates......................           8,500          11,000
    (i) Tie plates......................           8,500          11,000
213.337 Defective rails.................           8,500          11,000
213.339 Inspection of rail in service...           8,500          11,000
213.341 Inspection of new rail..........           8,500          11,000
213.343 Continuous welded rail (a)                 8,500          11,000
 through (h)............................
213.345 Vehicle qualification testing              8,500          11,000
 (a) through (b)........................
    (c) through (e).....................           8,500          11,000
213.347 Automotive or railroad crossings           6,500           9,000
 at grade...............................
213.349 Rail end mismatch...............           6,500           9,000
213.351(a) Rail joints..................           8,500          11,000
213.351(b) Rail joints..................           8,500          11,000
213.351(c) Rail joints..................           8,500          11,000
213.351(d) Rail joints..................           8,500          11,000
213.351(e) Rail joints..................           6,500           9,000
213.351(f) Rail joints..................           8,500          11,000

[[Page 70596]]

 
213.351(g) Rail joints..................           8,500          11,000
213.352 Torch cut rails.................           5,000           7,500
213.353 Turnouts, crossovers, transition           8,500          11,000
 devices................................
213.355 Frog guard rails and guard                 6,500           9,000
 faces; gage............................
213.357 Derails.........................           5,000           7,500
213.359 Track stiffness.................           8,500          11,000
213.361 Right of way....................           5,000           7,500
213.365 Visual inspections..............           8,500          11,000
213.367 Special inspections.............           8,500          11,000
213.369 Inspections records.............           5,000          7,500
------------------------------------------------------------------------
\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 $27,000 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.

PART 214--[AMENDED]

    3. The authority citation for part 214 continues to read as 
follows:

    Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 
CFR 1.49.

    4. Appendix A to part 214 is revised to read as follows:

        Appendix A to Part 214.--Schedule of Civil Penalties \1\
------------------------------------------------------------------------
                                                              Willful
                 Section                     Violation       violation
------------------------------------------------------------------------
                Subpart B--Bridge Worker Safety Standards
------------------------------------------------------------------------
214.103 Fall protection:
    (i) Failure to provide fall                   $6,500          $9,000
     protection.........................
    (ii) Failure to use fall protection.           8,500          11,000
214.105 Standards and practices:
    (a) General:
        (1) Fall protection used for               5,000           7,500
         other purposes.................
        (2) Failure to remove from                 5,000           7,500
         service........................
        (3) Failure to protect from                5,000           7,500
         deterioration..................
        (4) Failure to inspect and                 6,500           9,000
         remove.........................
        (5) Failure to train............           6,500           9,000
        (6) Failure to provide for                 6,500           9,000
         prompt rescue..................
        (7) Failure to prevent damage...           5,000           7,500
        (8) Failure to use proper                  5,000           7,500
         connectors.....................
        (9) Failure to use proper                  5,000           7,500
         anchorages.....................
    (b) Fall arrest system:
        (1)-(17) Failure to provide                5,000           7,500
         conforming equipment...........
    (c) Safety net systems:
        (1) Failure to install close to            5,000           7,500
         workplace......................
        (2) Failure to provide fall                6,500           9,000
         arrest if over 30 feet.........
        (3) Failure to provide for                 6,500           9,000
         unobstructed fall..............
        (4) Failure to test.............           5,000           7,500
        (5) Failure to use proper                  5,000           7,500
         equipment......................
        (6) Failure to prevent contact             6,500           9,000
         with surface below.............
        (7) Failure to properly install.           6,500           9,000
        (8) Failure to remove defective            6,500           9,000
         nets...........................
        (9) Failure to inspect..........           6,500           9,000
        (10) Failure to remove objects..           3,000           4,500
        (11)-(13) Failure to use                   5,000           7,500
         conforming equipment...........
214.107 Working over water:
    (a)(i) Failure to provide life vest.           6,500           9,000
    (ii) Failure to use life vest.......  ..............           9,000
    (c) Failure to inspect..............           5,000           7,500
    (e)(i) Failure to provide ring buoys           6,500           9,000
    (ii) Failure to use ring buoys......           5,000           7,500
    (f)(i) Failure to provide skiff.....           5,000           7,500
    (ii) Failure to use skiff...........  ..............           7,500
214.109 Scaffolding:
    (a)-(f) Failure to provide                     6,500           9,000
     conforming equipment...............
214.113 Head protection:
    (a)(i) Failure to provide...........           6,500           9,000
    (ii) Failure to use.................  ..............           9,000
    (b) or (c) Failure to provide                  5,000           7,500
     conforming equipment...............

[[Page 70597]]

 
214.115 Foot protection:
    (a)(i) Failure to require use of....           5,000           7,500
    (ii) Failure to use.................  ..............           7,500
214.117 Eye and face protection:
    (a)(i) Failure to provide...........           5,000           7,500
    (ii) Failure to use.................  ..............           4,500
    (b) Failure to use conforming                  5,000           7,500
     equipment..........................
    (c) Use of defective equipment......           5,000           7,500
    (d) Failure to provide for                     5,000           7,500
     corrective lenses..................
------------------------------------------------------------------------
                Subpart C--Roadway Worker Protection Rule
------------------------------------------------------------------------
214.303 Railroad on-track safety
 programs, generally:
    (a) Failure of a railroad to                   8,500          11,000
     implement an On-track Safety
     Program............................
    (b) On-track Safety Program of a               8,500          11,000
     railroad includes no internal
     monitoring procedure...............
214.305 Compliance Dates:
    Failure of a railroad to comply by             5,000           7,500
     the specified dates................
214.307 Review and approval of
 individual on-track safety programs by
 FRA:
    (a)(i) Failure to notify FRA of                5,000           7,500
     adoption of On-track Safety Program
    (ii) Failure to designate primary              5,000           7,500
     person to contact for program
     review.............................
214.309 On-track safety program
 documents:
    (1) On-track Safety Manual not                 6,500           9,000
     provided to prescribed employees...
    (2) On-track Safety Program                    5,000           7,500
     documents issued in fragments......
214.311 Responsibility of employers:
    (b) Roadway worker required by                 8,500          11,000
     employer to foul a track during an
     unresolved challenge...............
    (c) Roadway workers not provided               6,500           9,000
     with written procedure to resolve
     challenges of on-track safety
     procedures.........................
214.313 Responsibility of individual
 roadway workers:
    (a) Failure to follow railroad's on-  ..............          11,000
     track safety rules.................
    (b) Roadway worker fouling a track    ..............          11,000
     when not necessary in the
     performance of duty................
    (c) Roadway worker fouling a track    ..............          11,000
     without ascertaining that provision
     is made for on-track safety........
    (d) Roadway worker failing to notify  ..............          11,000
     employer of determination of
     improper on-track safety provisions
214.315 Supervision and communication:
    (a) Failure of employer to provide             8,500          11,000
     job briefing.......................
    (b) Incomplete job briefing.........           6,500           9,000
    (c)(i) Failure to designate roadway            6,500           9,000
     worker in charge of roadway work
     group..............................
    (ii) Designation of more than one              5,000           7,500
     roadway worker in charge of one
     roadway work group.................
    (iii) Designation of non-qualified             6,500           9,000
     roadway worker in charge of roadway
     work group.........................
    (d)(i) Failure to notify roadway               6,500           9,000
     workers of on-track safety
     procedures in effect...............
    (ii) Incorrect information provided            6,500           9,000
     to roadway workers regarding on-
     track safety procedures in effect..
    (iii) Failure to notify roadway                6,500           9,000
     workers of change in on-track
     safety procedures..................
    (e)(i) Failure of lone worker to      ..............           7,500
     communicate with designated
     employee for daily job briefing....
    (ii) Failure of employer to provide            6,500           9,000
     means for lone worker to receive
     daily job briefing.................
214.317 On-track safety procedures,
 generally:
    On-track safety rules conflict with            8,500          11,000
     this part..........................
214.319 Working limits, generally:
    (a) Non-qualified roadway worker in            8,500          11,000
     charge of working limits...........
    (b) More than one roadway worker in            6,500           9,000
     charge of working limits on the
     same track segment.................
    (c)(1) Working limits released                 8,500          11,000
     without notifying all affected
     roadway workers....................
    (2) Working limits released before             8,500          11,000
     all affected roadway workers are
     otherwise protected................
214.321 Exclusive track occupancy:
    (a) Improper transmission of                   5,000           7,500
     authority for exclusive track
     occupancy..........................
    (b)(1) Failure to repeat authority    ..............           7,500
     for exclusive track occupancy to
     issuing employee...................
    (2) Failure to retain possession of   ..............           9,000
     written authority for exclusive
     track occupancy....................
    (3) Failure to record authority for   ..............           9,000
     exclusive track occupancy when
     issued.............................
    (c) Limits of exclusive track                  8,500          11,000
     occupancy not identified by proper
     physical features..................
    (d)(1) Movement authorized into                8,500          11,000
     limits of exclusive track occupancy
     without authority of roadway worker
     in charge..........................
    (2) Movement authorized within                 8,500          11,000
     limits of exclusive track occupancy
     without authority of roadway worker
     in charge..........................
    (3) Movement within limits of                  8,500          11,000
     exclusive track occupancy exceeding
     restricted speed without authority
     of roadway worker in charge........
214.323 Foul time:
    (a) Foul time authority overlapping            8,500          11,000
     movement authority of train or
     equipment..........................
    (b) Failure to repeat foul time                6,500           9,000
     authority to issuing employee......
214.325 Train coordination:
    (a) Train coordination limits                  6,500           9,000
     established where more than one
     train is authorized to operate.....
    (b)(1) Train coordination                      5,000           7,500
     established with train not visible
     to roadway worker at the time......
    (2) Train coordination established    ..............           7,500
     with moving train..................
    (3) Coordinated train moving without           6,500           9,000
     authority of roadway worker in
     charge.............................
    (4) Coordinated train releasing                6,500           9,000
     movement authority while working
     limits are in effect...............

[[Page 70598]]

 
214.327 Inaccessible track:
    (a) Improper control of entry to               6,500           9,000
     inaccessible track.................
    (5) Remotely controlled switch not             6,500           9,000
     properly secured by control
     operator...........................
    (b) Train or equipment moving within           6,500           9,000
     inaccessible track limits without
     permission of roadway worker in
     charge.............................
    (c) Unauthorized train or equipment            6,500           9,000
     located within inaccessible track
     limits.............................
214.329 Train approach warning provided
 by watchmen/lookouts:
    (a) Failure to give timely warning    ..............          11,000
     of approaching train...............
    (b)(1) Failure of watchman/lookout    ..............           9,000
     to give full attention to detecting
     approach of train..................
    (2) Assignment of other duties to              6,500           9,000
     watchman/lookout...................
    (c) Failure to provide proper                  5,000           7,500
     warning signal devices.............
    (d) Failure to maintain position to            6,500           9,000
     receive train approach warning
     signal.............................
    (e) Failure to communicate proper              6,500           9,000
     warning signal.....................
    (f)(1) Assignment of non-qualified             6,500           9,000
     person as watchman/lookout.........
    (2) Non-qualified person accepting             5,000           7,500
     assignment as watchman/lookout.....
    (g) Failure to properly equip a                5,000           7,500
     watchman/lookout...................
214.331 Definite train location:
    (a) Definite train location                    6,500           9,000
     established where prohibited.......
    (b) Failure to phase out definite              5,000           7,500
     train location by required date....
    (d)(1) Train location information              6,500           9,000
     issued by unauthorized person......
    (2) Failure to include all trains              8,500          11,000
     operated on train location list....
    (5) Failure to clear track 10         ..............           9,000
     minutes before earliest departure
     time of train at last station prior
     to work location, or failure to
     remain clear until such train
     passed.............................
    (6) Train passing station before               8,500          11,000
     time shown in train location list..
    (7) Non-qualified person using                 6,500           9,000
     definite train location to
     establish on-track safety..........
214.333 Informational line-ups of
 trains:
    (a) Informational line-ups of trains           8,500          11,000
     used for on-track safety where
     prohibited.........................
    (b) Informational line-up procedures           8,500          11,000
     inadequate to protect roadway
     workers............................
    (c) Failure to discontinue                     5,000           7,500
     informational line-ups by required
     date...............................
214.335 On-track safety procedures for
 roadway work groups:
    (a) Failure to provide on-track                8,500          11,000
     safety for a member of a roadway
     work group.........................
    (b) Member of roadway work group               6,500           9,000
     fouling a track without authority
     of employee in charge..............
    (c) Failure to provide train                   8,500          11,000
     approach warning or working limits
     on adjacent track where required...
214.337 On-track safety procedures for
 lone workers:
    (b) Failure by employer to permit              8,500          11,000
     individual discretion in use of
     individual train detection.........
    (c)(1) Individual train detection              6,500           9,000
     used by non-qualified employee.....
    (2) Use of individual train                    5,000           7,500
     detection while engaged in heavy or
     distracting work...................
    (3) Use of individual train                    5,000           7,500
     detection in controlled point or
     manual interlocking................
    (4) Use of individual train                    8,500          11,000
     detection with insufficient
     visibility.........................
    (5) Use of individual train           ..............           7,500
     detection with interfering noise...
    (6) Use of individual train           ..............           9,000
     detection while a train is passing.
    (d) Failure to maintain access to     ..............          11,000
     place of safety clear of live
     tracks.............................
    (e) Lone worker unable to maintain    ..............           9,000
     vigilant lookout...................
    (f)(1) Failure to prepare written     ..............           4,500
     statement of on-track safety.......
    (2) Incomplete written statement of   ..............           4,500
     on-track safety....................
    (3) Failure to produce written        ..............           4,500
     statement of on-track safety to FRA
214.339 Audible warning from trains:
    (a) Failure to require audible                 5,000           7,500
     warning from trains................
    (b) Failure of train to give audible           5,000           7,500
     warning where required.............
214.341 Roadway maintenance machines:
    (a) Failure of on-track safety                 8,500          11,000
     program to include provisions for
     safety near roadway maintenance
     machines...........................
    (b) Failure to provide operating               5,000           7,500
     instructions.......................
    (1) Assignment of non-qualified                6,500           9,000
     employee to operate machine........
    (2) Operator unfamiliar with safety            6,500           9,000
     instructions for machine...........
    (3) Roadway worker working with                6,500           9,000
     unfamiliar machine.................
    (c) Roadway maintenance machine not            8,500          11,000
     clear of passing trains or
     operation of machine component
     closer than four feet to adjacent
     track without procedural
     instructions.......................
214.343 Training and qualification,
 general:
    (a)(1) Failure of railroad program             6,500           9,000
     to include training provisions.....
    (2) Failure to provide initial                 6,500           9,000
     training...........................
    (b) Failure to provide annual                  6,500           9,000
     training...........................
    (c) Assignment of non-qualified                6,500           9,000
     railroad employees to provide on-
     track safety.......................
    (d)(1) Failure to maintain records             5,000           7,500
     of qualifications..................
    (2) Incomplete records of                      5,000           7,500
     qualifications.....................
    (3) Failure to provide records of              5,000           7,500
     qualifications to FRA..............
214.345 Training for all roadway workers           6,500           9,000
214.347 Training and qualification for
 lone workers.
214.349 Training and qualification of
 watchmen/lookouts.
214.351 Training and qualification of
 flagmen.
214.353 Training and qualification of
 roadway workers who provide on-track
 safety for roadway work groups.

[[Page 70599]]

 
214.355 Training and qualification in on-
 track safety for operators of roadway
 maintenance machines.
------------------------------------------------------------------------
Subpart D--On-Track Roadway Maintenance Machines and Hi-
                      Rail Vehicles
------------------------------------------------------------------------
214.503 Good-faith challenges;
 procedures for notification and
 resolution:
    (a) Failure of employee to notify     ..............           9,000
     employer that the machine or
     vehicle does not comply with this
     subpart or has a condition
     inhibiting safe operation..........
    (b) Roadway worker required to                 8,500          11,000
     operate machine or vehicle when
     good-faith challenge not resolved..
    (c) Failure of employer to have or             8,500          11,000
     follow written procedures to
     resolve good-faith challenges......
214.505 Required environmental control
 and protection systems for new on-track
 roadway maintenance machines with
 enclosed cabs:
    (a) Failure to equip new machines              8,500          11,000
     with required systems..............
    (b)