49 C.F.R. § 213.63

Track surface

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(a) Except as provided in paragraph (b) of this section, each track owner shall maintain the surface of its track within the limits prescribed in the following table:

Track surface (inches)	Class of track
Track surface (inches)	1	2	3	4	5
The deviation from uniform profile on either rail at the mid-ordinate of a 62-foot chord may not be more than	3	2 ³⁄₄	2 ¹⁄₄	2	1 ¹⁄₄
The deviation from zero crosslevel at any point on tangent or reverse crosslevel elevation on curves may not be more than	3	2	1 ³⁄₄	1 ¹⁄₄	1
The difference in crosslevel between any two points less than 62 feet apart may not be more than * ¹²	3	2 ¹⁄₄	2	1 ³⁄₄	1 ¹⁄₂
* Where determined by engineering decision prior to June 22, 1998, due to physical restrictions on spiral length and operating practices and experience, the variation in crosslevel on spirals per 31 feet may not be more than	2	1 ³⁄₄	1 ¹⁄₄	1	³⁄₄
¹ Except as limited by § 213.57(a), where the elevation at any point in a curve equal or exceeds 6 inches, the difference in crosslevel within 62 feet between that point and a point with greater elevation may not be more than 1¹⁄₂ inches.
² However, to control harmonics on Class 2 through 5 jointed track with staggered joints, the crosslevel differences shall not exceed 1¹⁄₄ inches in all of six consecutive pairs of joints, as created by seven low joints. Track with joints staggered less than 10 feet apart shall not be considered as having staggered joints. Joints within the seven low joints outside of the regular joint spacing shall not be considered as joints for purposes of this footnote.

(b) For operations at a qualified cant deficiency, Eu, of more than 5 inches, each track owner shall maintain the surface of the curve within the limits prescribed in the following table:

Track surface (inches)	Class of track
Track surface (inches)	1	2	3	4	5
The deviation from uniform profile on either rail at the mid-ordinate of a 31-foot chord may not be more than	N/A¹	N/A¹	1	1	1
The deviation from uniform profile on either rail at the mid-ordinate of a 62-foot chord may not be more than	2¹⁄₄	2¹⁄₄	1³⁄₄	1¹⁄₄	1
The difference in crosslevel between any two points less than 10 feet apart (short warp) shall not be more than	2	2	1³⁄₄	1³⁄₄	1¹⁄₂
¹ N/A—Not Applicable.

[78 FR 16101, Mar. 13, 2013, as amended at 91 FR 22735, Apr. 28, 2026]

Notes of Decisions

Cited in 5 cases, 2012–2019 · leading case: Schulenberg v. BNSF Ry. Co., 911 F.3d 1276 (10th Cir. 2018).

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Schulenberg v. BNSF Ry. Co., 911 F.3d 1276 (10th Cir. 2018). · cites it 5× “Schulenberg pursues only a theory of liability based on negligence per se for violation of FRA regulation 49 C.F.R. § 213.63 . To put the exclusion of the expert witness and summary judgment issues in context, we begin with a brief discussion of liability under FELA and the…”

CSX Transp., Inc. v. City of Sebree, 924 F.3d 276 (6th Cir. 2019). · cites it 2× “See 49 C.F.R. § 213.63 (regulating track surface); 49 C.”

Cowden v. BNSF Ry. Co., 975 F. Supp. 2d 1005 (E.D. Mo. 2013). · cites it 3× “Defendant’s contention that it maintained proper track surface is premised on its averment that it complied with 49 C.F.R. § 213.63 . 7 Section 213.63 sets forth several requirements for Class 3 - track.”

Kevin Cowden v. BNSF Ry. Co., 690 F.3d 884 (8th Cir. 2012). “, 49 C.F.R. § 213.63 (regulating track surface conditions for each class of track); 49 C.”

Schulenberg v. BNSF Ry. Co. (10th Cir. 2018). · cites it 4× “Schulenberg pursues only a theory of liability based on negligence per se for violation of FRA regulation 49 C.F.R. § 213.63 . To put the exclusion of the expert witness and summary judgment issues in context, we begin with a brief discussion of liability under FELA and the…”

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