C.F.R. » Title 49 » CHAPTER II—FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › PART 213—TRACK SAFETY STANDARDS › Subpart F—Inspection

49 C.F.R. § 213.239

Special inspections

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In the event of fire, flood, severe storm, or other occurrence which might have damaged track structure, a special inspection shall be made of the track involved as soon as possible after the occurrence and, if possible, before the operation of any train over that track.

Notes of Decisions
Cited in 10 cases (7 in the last 5 years), 2000–2026 · leading case: Seyler v. Burlington N. Santa Fe Corp., 102 F. Supp. 2d 1226 (D. Kan. 2000).
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Seyler v. Burlington N. Santa Fe Corp., 102 F. Supp. 2d 1226 (D. Kan. 2000). · cites it 2× “See 49 C.F.R. § 213.239 . At the time of the derailment, the regulation stated: In the event of fire, flood, severe storm, or other occurrence which might have damaged track structure, a special inspection must be made of the track involved as soon as possible after the…”
Miller v. Se. Pennsylvania Transp. Auth., 65 A.3d 1006 (Pa. Commw. Ct. 2013). “The Track Safety Standards also require in 49 CFR 213.239 that railroads perform special inspections following floods, fire, severe storms, or other occurrences that might have damaged track structure.”
Seyler v. Burlington N. Santa Fe Corp., 121 F. Supp. 2d 1352 (D. Kan. 2000). “See 49 C.F.R. § 213.239 . Plaintiff argues that compliance with the federal regulation is irrelevant because it addresses track inspections, not bridge inspections.”
Petersen v. Rapid City, Pierre & E. R.R., Inc. (D.S.D. 2024). · cites it 5× “103 , and for violating regulations relating to special inspections, 49 C.F.R. § 213.239 . (Doc. 54 at 619-20).”
Hendrickson v. Rapid City, Pierre & E. R.R., Inc. (D.S.D. 2024). · cites it 3× “103 , and for violating regulations relating to special inspections, 49 C.F.R. § 213.239 . (Doc. 46 at 523, 525).”
Rigney v. CSX Transp., Inc. (M.D. Tenn. 2024). “, another case CSXT 6 CSXT likely meant 49 C.F.R. § 213.239 when it referenced the non-existent 49 C.”
CSX Transp., Inc. v. CRH Americas, Inc. (W.D.N.C. 2025). “Respecting the post-tornado track inspections, the authority relied upon by CSX, namely, 49 CFR § 213.239 , triggers no special inspection duty following a tornado warning.”
Vill. of Caseyville, Illinois v. CSX Transp., Inc. (S.D. Ill. 2025). “” And finally, 49 C.F.R. § 213.239 states that “[i]n the event of fire, flood, severe storm, or other occurrence which might have damaged track structure, a special inspection shall be made of the track involved as soon as possible after the occurrence and, if possible, before…”
Keatley (D. Neb. 2025). “33 , and that Defendant failed to inspect the track to ensure safety in violation of 49 C.F.R. § 213.239 . (Filing No. 107 at 10-12.”
Keatley (D. Neb. 2026). “Defendant UPR failed to comply with 49 C.F.R. § 213.239 – Special Inspections; 49 CFR § 213.”
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