FRA regulations:
§213.4 Excepted track.
A track owner may designate a segment of track as excepted track provided that—
(a) The segment is identified in the timetable, special instructions, general order, or other appropriate records which are available for inspection during regular business hours;
(b) The identified segment is not located within 30 feet of an adjacent track which can be subjected to simultaneous use at speeds in excess of 10 miles per hour;
(c) The identified segment is inspected in accordance with 213.233(c) and 213.235 at the frequency specified for Class 1 track;
(d) The identified segment of track is not located on a bridge including the track approaching the bridge for 100 feet on either side, or located on a public street or highway, if railroad cars containing commodities required to be placarded by the Hazardous Materials Regulations (49 CFR part 172), are moved over the track; and
(e) The railroad conducts operations on the identified segment under the following conditions:
(1) No train shall be operated at speeds in excess of 10 miles per hour;
(2) No occupied passenger train shall be operated;
(3) No freight train shall be operated that contains more than five cars required to be placarded by the Hazardous Materials Regulations (49 CFR part 172); and
(4) The gage on excepted track shall not be more than 4 feet 101⁄4 inches. This paragraph (e)(4) is applicable September 21, 1999.
(f) A track owner shall advise the appropriate FRA Regional Office at least 10 days prior to removal of a segment of track from excepted status.
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and:
§213.9 Classes of track: operating speed limits.
(a) Except as provided in paragraph (b) of this section and §§213.57(b), 213.59(a), 213.113(a), and 213.137(b) and (c), the following maximum allowable operating speeds apply—
[In miles per hour]
Over track that meets all of the requirements prescribed in this part for— The maximum allowable operating speed for freight trains is— The maximum allowable operating speed for passenger trains is—
Excepted track 10 N/A
Class 1 track 10 15
Class 2 track 25 30
Class 3 track 40 60
Class 4 track 60 80
Class 5 track 80 90
(b) If a segment of track does not meet all of the requirements for its intended class, it is reclassified to the next lowest class of track for which it does meet all of the requirements of this part. However, if the segment of track does not at least meet the requirements for Class 1 track, operations may continue at Class 1 speeds for a period of not more than 30 days without bringing the track into compliance, under the authority of a person designated under §213.7(a), who has at least one year of supervisory experience in railroad track maintenance, after that person determines that operations may safely continue and subject to any limiting conditions specified by such person.
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