Regulations last checked for updates: Nov 25, 2024
Title 49 - Transportation last revised: Nov 18, 2024
§ 299.701 - General requirements.
Under the procedures provided in § 299.713, the railroad shall obtain FRA approval of a written inspection, testing, and maintenance program. The program shall provide detailed information, consistent with the requirements set forth in §§ 299.337 through 299.349, and 299.445(a), on the inspection, testing, and maintenance procedures necessary for the railroad to safely operate its system. This information shall include a detailed description of—
(a) Safety inspection procedures, intervals, and criteria;
(b) Test procedures and intervals;
(c) Scheduled preventive maintenance intervals;
(d) Maintenance procedures; and
(e) Special testing equipment or measuring devices required to perform safety inspections and tests.
§ 299.703 - Compliance.
After the railroad's inspection, testing, and maintenance program is approved by FRA pursuant to the requirements and procedures set forth in § 299.713, the railroad shall adopt and comply with the program, and shall perform—
(a) All inspections and tests described in the program in accordance with the procedures and criteria that the railroad identified as safety-critical; and
(b) All maintenance tasks and procedures described in the program in accordance with the procedures and intervals that the railroad identified as safety-critical.
§ 299.705 - Standard procedures for safely performing inspection, testing, and maintenance, or repairs.
(a) The railroad shall establish written standard procedures for performing all safety-critical or potentially hazardous inspection, testing, maintenance, and repair tasks. These standard procedures shall—
(1) Describe in detail each step required to safely perform the task;
(2) Describe the knowledge necessary to safely perform the task;
(3) Describe any precautions that shall be taken to safely perform the task;
(4) Describe the use of any safety equipment necessary to perform the task;
(5) Be approved by the railroad's official responsible for safety;
(6) Be enforced by the railroad's supervisors responsible for accomplishing the tasks; and
(7) Be reviewed annually by the railroad. The railroad shall provide written notice to FRA in accordance with § 299.9 at least one month prior to the annual review. If the Associate Administrator or their designee indicates a desire to be present, the railroad shall provide a scheduled date and location for the annual review. If the Associate Administrator requests the annual review be performed on another date but the railroad and the Associate Administrator are unable to agree on a date for rescheduling, the annual review may be performed as scheduled.
(b) The inspection, testing, and maintenance program required by this section is not intended to address and should not include procedures to address employee working conditions that arise in the course of conducting the inspections, tests, and maintenance set forth in the program. When reviewing the railroad's program, FRA does not intend to review or approve any portion of the program that relates to employee working conditions.
§ 299.707 - Maintenance intervals.
(a) The initial scheduled maintenance intervals shall be based on those in effect on the Tokaido Shinkansen system as required under § 299.13(c)(1).
(b) The maintenance interval of safety-critical components shall be changed only when justified by accumulated, verifiable operating data, and approved by FRA under paragraph § 299.713.
§ 299.709 - Quality control program.
The railroad shall establish an inspection, testing, and maintenance quality control program enforced by the railroad or its contractor(s) to reasonably ensure that inspections, testing, and maintenance are performed in accordance with inspection, testing, and maintenance program established under this subpart.
§ 299.711 - Inspection, testing, and maintenance program format.
The submission to FRA for each identified subsystem shall consist of two parts—
(a) The complete inspection, testing, and maintenance program, in its entirety, including all required information prescribed in § 299.701, and all information and procedures required for the railroad and its personnel to implement the program.
(b) A condensed version of the program that contains only those items identified as safety-critical, per § 299.703 submitted for approval by FRA under § 299.713.
§ 299.713 - Program approval procedure.
(a) Submission. Except as provided in § 299.445(a)(2), the railroad shall submit for approval an inspection, testing, and maintenance program as described in § 299.711(b) not less than 180 days prior to pre-revenue service system integration testing. The program shall be submitted to FRA in accordance with § 299.9. If the railroad seeks to amend an approved program as described in § 299.711(b), the railroad shall file with FRA in accordance with § 299.9 for approval of such amendment not less than 60 days prior to the proposed effective date of the amendment. A program responsive to the requirements of this subpart or any amendment to the program shall not be implemented prior to FRA approval.
(b) Contents. Each program or amendment shall contain:
(1) The information prescribed in § 299.701 for such program or amendment; and
(2) The name, title, address, and telephone number of the primary person to be contacted with regard to review of the program, its content, or amendments.
(c) Approval. (1) Within 90 days of receipt of the initial inspection, testing, and maintenance program, FRA will review the program. The Associate Administrator will notify the primary railroad contact person in writing whether the inspection, testing, and maintenance program is approved and, if not approved, the specific points in which the program is deficient. Deficiencies identified shall be addressed as directed by FRA prior to implementing the program.
(2) FRA will review each proposed amendment to the program that relaxes an FRA-approved requirement within 45 days of receipt. The Associate Administrator will then notify the primary railroad contact person in writing whether the proposed amendment has been approved by FRA and, if not approved, the specific points in which the proposed amendment is deficient. The railroad shall correct any deficiencies as directed by FRA prior to implementing the amendment. For amendments proposing to make an FRA-approved program requirement more stringent, the railroad is permitted to implement the amendment prior to obtaining FRA approval.
(3) Following initial approval of a program or amendment, FRA may reopen consideration of the program or amendment for cause stated.
(4) The railroad may, subject to FRA review and approval under § 299.15, implement inspection, testing, maintenance procedures and criteria, incorporating new or emerging technology.
source: 85 FR 69731, Nov. 3, 2020, unless otherwise noted.
cite as: 49 CFR 299.711