49 C.F.R. § 213.7

Designation of qualified persons to supervise certain renewals and inspect track

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(a) Each track owner to which this part applies shall designate qualified persons to supervise restorations and renewals of track under traffic conditions. Each person designated shall have—

(1) At least—

(i) 1 year of experience in railroad track maintenance under traffic conditions; or

(ii) A combination of experience in track maintenance and training from a course in track maintenance or from a college level educational program related to track maintenance.

(2) Demonstrated to the owner that he or she—

(i) Knows and understands the requirements of this part that apply to the restoration and renewal of the track for which he or she is responsible;

(ii) Can detect deviations from those requirements; and

(iii) Can prescribe appropriate remedial action to correct or safely compensate for those deviations; and

(3) Authorization from the track owner to prescribe remedial actions to correct or safely compensate for deviations from the requirements of this part.

(b) Each track owner to which this part applies shall designate qualified persons to inspect track for defects. Each person designated shall have—

(1) At least—

(i) 1 year of experience in railroad track inspection; or

(ii) A combination of experience in track inspection and training from a course in track inspection or from a college level educational program related to track inspection;

(2) Demonstrated to the owner that he or she—

(i) Knows and understands the requirements of this part that apply to the inspection of the track for which he or she is responsible;

(ii) Can detect deviations from those requirements; and

(iii) Can prescribe appropriate remedial action to correct or safely compensate for those deviations; and

(3) Authorization from the track owner to prescribe remedial actions to correct or safely compensate for deviations from the requirements of this part, pending review by a qualified person designated under paragraph (a) of this section.

(c) Individuals designated under paragraphs (a) or (b) of this section that inspect continuous welded rail (CWR) track or supervise the installation, adjustment, and maintenance of CWR track in accordance with the written procedures of the track owner shall have:

(1) Current qualifications under either paragraph (a) or (b) of this section;

(2) Successfully completed a comprehensive training course specifically developed for the application of written CWR procedures issued by the track owner;

(3) Demonstrated to the track owner that the individual:

(i) Knows and understands the requirements of those written CWR procedures;

(ii) Can detect deviations from those requirements; and

(iii) Can prescribe appropriate remedial action to correct or safely compensate for those deviations; and

(4) Authorization from the track owner to prescribe remedial actions to correct or safely compensate from deviation from the requirements in these procedures and successfully completed a recorded examination on those procedures as part of the qualification process.

(d) Persons not fully qualified to supervise certain renewals and inspect track as required in paragraphs (a) through (c) of this section, but with at least one year of maintenance-of-way or signal experience, may pass trains over broken rails and pull aparts provided that—

(1) The track owner determines the person to be qualified and, as part of doing so, trains, examines, and re-examines the person periodically within two years after each prior examination on the following topics as they relate to the safe passage of trains over broken rails or pull aparts: rail defect identification, crosstie condition, track surface and alinement, gage restraint, rail end mismatch, joint bars, and maximum distance between rail ends over which trains may be allowed to pass. The sole purpose of the examination is to ascertain the person's ability to effectively apply these requirements and the examination may not be used to disqualify the person from other duties. A minimum of four hours training is required for initial training;

(2) The person deems it safe and train speeds are limited to a maximum of 10 m.p.h. over the broken rail or pull apart;

(3) The person shall watch all movements over the broken rail or pull apart and be prepared to stop the train if necessary; and

(4) Person(s) fully qualified under § 213.7 are notified and dispatched to the location promptly for the purpose of authorizing movements and effecting temporary or permanent repairs.

(e) With respect to designations under paragraph (a) through (d) of this section, each track owner shall maintain records of—

(1) Each designation in effect;

(2) The date each designation was made; and

(3) The basis for each designation, including the method used to determine that the designated person is qualified.

(f) Each track owner shall keep designation records required under paragraph (e) of this section readily available for inspection or copying by the Federal Railroad Administration during regular business hours, following reasonable notice.

[63 FR 34029, June 22, 1998, as amended at 74 FR 43002, Aug. 25, 2009; 78 FR 16100, Mar. 13, 2013; 85 FR 63387, Oct. 7, 2020]

Notes of Decisions

Cited in 9 cases (2 in the last 5 years), 1999–2025 · leading case: Mehl v. Canadian Pac. Ry., Ltd., 417 F. Supp. 2d 1104 (D.N.D. 2006).

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Mehl v. Canadian Pac. Ry., Ltd., 417 F. Supp. 2d 1104 (D.N.D. 2006). · cites it 2× “12; (3) negligent training claims: 49 C.F.R. § 213.7 ; *1116 213.119(g); and (4) negligent operation claims: 49 C.”

Lundeen v. Canadian Pac. Ry. Co., 507 F. Supp. 2d 1006 (D. Minnesota 2007). “49 C.F.R. § 213.7 (a) & (b). Plaintiffs, however, deny that rail employee hiring is substantially subsumed by this regulation for an alleged failure to prescribe qualifications for employees who actually maintain or install tracks.”

Stonebarger v. Union Pac. R.R., 76 F. Supp. 3d 1228 (D. Kan. 2015). “Kreifels holds a certification as a qualified track inspector pursuant to 49 C.F.R. § 213.7 , and he held this certification in October 2012.”

Murrell v. Union Pac. R.R., 544 F. Supp. 2d 1138 (D. Or. 2008). “Federal law leaves the decision to issue a “slow order” to a FRA inspector, as designated by the requirements set forth in 49 C.F.R. § 213.7 . For instance, passing trains must slow their speed to 15 m.”

Charles Harris v. Norfolk S. Ry. Co., 784 F.3d 954 (4th Cir. 2015). “In that event, a person designated under 49 C.F.R. § 213.7 must “determine whether or not the track may continue in use.”

Fed. Ins. v. Burlington N. & Santa Fe Ry. Co., 270 F. Supp. 2d 1183 (C.D. Cal. 2003). “The FRSA not only mandates the frequency and manner of inspecting the tracks to detect deviations, but it mandates who is qualified to perform these inspections 49 C.F.R. §§ 213.7 , 213.233. This is precisely the subject matter of FIC’s negligence claim; thus, it is preempted.”

Nunnery v. Elgin Joliet E. Ry. Co., 48 F. Supp. 2d 1122 (N.D. Ind. 1999). · cites it 2× “49 C.F.R. § 213.7 . 7 Chambers Aff. ¶ 4. Under the FRA Track Safety Standards, all Track Foreman must have one year of experience supervising restorations and renewals of railroad track under traffic conditions.”

Rigney v. CSX Transp., Inc. (M.D. Tenn. 2024). “conditions; and the failure to report unsafe conditions” are substantially subsumed by five federal regulations: 49 C.F.R. §§ 213.7 , 213.33, 213.233, 213.”

Vill. of Caseyville, Illinois v. CSX Transp., Inc. (S.D. Ill. 2025). “49 C.F.R. § 213.7 (b) requires “track owner[s]” to “designate qualified persons to inspect track for defects,” and specifies the qualifications that inspectors must demonstrate.”

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