---
kind: "section"
citation: "49 C.F.R. § 213.122"
title: "49"
number: "213.122"
heading: "Torch cut rail."
url: "https://uscodex.org/cfr/49/213.122"
---

# §213.122. Torch cut rail.

- (a) Except as a temporary repair in emergency situations no rail having a torch cut end shall be used in Classes 3 through 5 track. When a rail end is torch cut in emergency situations, train speed over that rail end shall not exceed the maximum allowable for Class 2 track. For existing torch cut rail ends in Classes 3 through 5 track the following shall apply—
  - (1) Within one year of September 21, 1998, all torch cut rail ends in Class 5 track shall be removed;
  - (2) Within two years of September 21, 1998, all torch cut rail ends in Class 4 track shall be removed; and
  - (3) Within one year of September 21, 1998, all torch cut rail ends in Class 3 track over which regularly scheduled passenger trains operate, shall be inventoried by the track owner.
- (b) Following the expiration of the time limits specified in paragraphs [(a)(1)](#a-1), [(2)](#a-2), and [(3)](#a-3) of this section, any torch cut rail end not removed from Classes 4 and 5 track, or any torch cut rail end not inventoried in Class 3 track over which regularly scheduled passenger trains operate, shall be removed within 30 days of discovery. Train speed over that rail end shall not exceed the maximum allowable for Class 2 track until removed.

## Notes

### Authority

Authority: 49 U.S.C. 20102-20114 and 20142; 28 U.S.C. 2461 note; and 49 CFR 1.89.

### Source

Source: 63 FR 34029, June 22, 1998, unless otherwise noted.