Section 213.4 - Excepted trackA 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.63 FR 34029, June 22, 1998