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49 C.F.R. §§ 235.9–235.20

6 sections in range

§235.9. Civil penalty.

49 C.F.R. § 235.9

(a)
Any person who violates any requirement of this part or causes the violation of any such requirement is subject to a civil penalty of at least the minimum civil monetary penalty and not more than the ordinary maximum civil monetary penalty per violation. However, penalties may be assessed against individuals only for willful violations, and a penalty not to exceed the aggravated maximum civil monetary penalty per violation may be assessed, where:
(1)
A grossly negligent violation, or a pattern of repeated violations, has created an imminent hazard of death or injury to persons; or
(2)
A death or injury has occurred. See 49 CFR part 209, appendix A.
(b)
“Person” means an entity of any type covered under 49 U.S.C. 21301, including the following: a railroad; a manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any independent contractor providing goods or services to a railroad; and any employee of such owner, manufacturer, lessor, lessee, or independent contractor.
(c)
Each day a violation continues shall constitute a separate offense. See FRA's website at https://railroads.dot.gov/ for a statement of agency civil penalty policy.
Notes, amendments, and revision history

Amendments

[90 FR 28178, July 1, 2025]

Authority

Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461 note; and 49 CFR 1.89.

Source

Source: 49 FR 3380, Jan. 26, 1984, unless otherwise noted.

Amendments

[90 FR 28178, July 1, 2025]

§235.10. Contents of applications.

49 C.F.R. § 235.10

(a)
The application may be submitted by letter and shall contain the following information:
(1)
The corporate name of each applicant;
(2)
The manner in which applicant is involved;
(3)
The location of the project, giving name of operating division and nearest station;
(4)
The track or tracks involved;
(5)
A complete description of proposed changes as they would affect the existing facilities or of the section from which relief is sought;
(6)
The reason for proposed changes or justification for relief from the requirements;
(7)
The approximate dates of beginning and completion of project;
(8)
Changes in operating practices, temporary or permanent;
(9)
Whether safety of operation will be affected, and if so, how; and
(10)
Whether proposed changes will conform to the Federal Railroad Administration's Rules, Standards and Instructions (part 236 of this title).
(b)
[Reserved]
Notes, amendments, and revision history

Authority

Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461 note; and 49 CFR 1.89.

Source

Source: 49 FR 3380, Jan. 26, 1984, unless otherwise noted.

§235.12. Additional required information-prints.

49 C.F.R. § 235.12

(a)
A print or prints, size 8 inches by 10 1/2 inches, or 8 1/2 inches by 11 inches, or folded to 8 inches by 10 1/2 inches or to 8 1/2 inches by 11 inches, shall be furnished with each application.
(b)
The print or prints shall be to scale or by indicated dimensions, using Association of American Railroads graphic symbols.
(c)
The following information shall be shown on the print or prints:
(1)
Present and proposed arrangement of tracks and signal facilities;
(2)
Name of carrier;
(3)
Operating division;
(4)
Place and State; and
(5)
Timetable directions of movements.
(d)
If stopping distances are involved, the following information shall also be shown:
(1)
Curvature and grade;
(2)
Maximum authorized speeds of trains; and
(3)
Length of signal control circuits for each signal indication displayed.
(e)
The following color scheme is suggested on prints—
(1)
Installations, relocations, and added signal aspects should be colored, preferably in yellow;
(2)
Removals, discontinuances, and abandonments should be colored, preferably in red; and
(3)
Existing facilities not pertinent to change proposed in application should be shown uncolored.
Notes, amendments, and revision history

Authority

Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461 note; and 49 CFR 1.89.

Source

Source: 49 FR 3380, Jan. 26, 1984, unless otherwise noted.

§235.13. Filing procedure.

49 C.F.R. § 235.13

(a)
Applications or requests for reconsideration of an application shall be submitted by an authorized officer of the carrier.
(b)
The application and correspondence in reference thereto should be addressed to the Associate Administrator for Railroad Safety, Federal Railroad Administration, and must be submitted via email to [email protected].
(c)
A separate application shall be filed for each project.
(d)
At a joint facility where changes are proposed in the automatic block signal system, interlocking, traffic control system, automatic train stop, train control, or cab signal system on the tracks of more than one carrier, or if more than one carrier will be affected by the proposed changes or relief sought, a joint application signed by all carriers affected shall be filed.
(e)
Where only one carrier at a joint facility is affected by the discontinuance or modification of the installation or relief sought, it shall be responsible for filing the application. It shall also certify that the other joint carriers have been notified of the filing of its application.
Notes, amendments, and revision history

Amendments

[49 FR 3380, Jan. 26, 1984, as amended at 74 FR 25174, May 27, 2009; 90 FR 28178, July 1, 2025]

Authority

Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461 note; and 49 CFR 1.89.

Source

Source: 49 FR 3380, Jan. 26, 1984, unless otherwise noted.

Amendments

[49 FR 3380, Jan. 26, 1984, as amended at 74 FR 25174, May 27, 2009; 90 FR 28178, July 1, 2025]

§235.14. Notice.

49 C.F.R. § 235.14

The FRA will publish notice of the filing of an application or a request for reconsideration of an application in the Federal Register and a copy of such notice will be available at the U.S. Department of Transportation, Docket Operations (M-30), West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, and on the Federal Docket Management System's Web site at http://www.regulations.gov.
Notes, amendments, and revision history

Amendments

[64 FR 70195, Dec. 16, 1999, as amended at 74 FR 25174, May 27, 2009]

Authority

Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461 note; and 49 CFR 1.89.

Source

Source: 49 FR 3380, Jan. 26, 1984, unless otherwise noted.

Amendments

[64 FR 70195, Dec. 16, 1999, as amended at 74 FR 25174, May 27, 2009]

§235.20. Protests.

49 C.F.R. § 235.20

(a)
A protest against the granting of an application shall set forth specifically the grounds upon which it is made, and contain a concise statement of the interest of protestant in the proceeding.
(b)
Protests shall be filed with the Associate Administrator for Safety, Federal Railroad Administration, Washington, DC 20590, and one copy shall be furnished to each applicant.
(c)
Protests should be filed within the time limit set forth in the public notice.
(d)
The protestant shall certify that service of a copy of its protest was made upon each applicant.
(e)
Request for hearing must be accompanied with a showing why the protestant is unable to properly present his or her position by written statements.
Notes, amendments, and revision history

Amendments

[49 FR 3380, Jan. 26, 1984, as amended at 74 FR 25174, May 27, 2009]

Authority

Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461 note; and 49 CFR 1.89.

Source

Source: 49 FR 3380, Jan. 26, 1984, unless otherwise noted.

Amendments

[49 FR 3380, Jan. 26, 1984, as amended at 74 FR 25174, May 27, 2009]