What specific FRA regulations apply to the securement of hazardous materials cars left unattended in a yard, and what penalties exist for non-compliance?
The Federal Railroad Administration (FRA) has specific regulations governing the securement of hazardous materials cars left unattended in a rail yard. These regulations are primarily found in 49 CFR Part 232, which covers brake system safety standards and securement of railroad cars. These regulations are designed to prevent the uncontrolled movement of these cars, which could lead to a release of hazardous materials and pose a significant risk to public safety and the environment. One key regulation is 49 CFR 232.205, which outlines the general requirements for securing unattended equipment. This section requires that sufficient hand brakes be applied to prevent movement from the conditions and circumstances described. This means that the number of hand brakes required depends on factors such as the grade of the track, the weight of the cars, and weather conditions. The regulation requires that the effectiveness of the hand brakes be tested. Specifically for hazardous materials cars, additional requirements may apply. Railroads are required to have and follow procedures that address the specific risks associated with handling hazardous materials cars, including enhanced securement measures. While 49 CFR Part 232 sets general requirements, other regulations, such as those related to operating practices, may also influence securement procedures. In some cases, railroads may have internal rules that exceed the minimum FRA requirements. The number of handbrakes is determined to prevent movement from the conditions and circumstances and the effectiveness of the hand brakes must be tested. Penalties for non-compliance with FRA regulations can be significant. These penalties can include civil fines, which can range from thousands to tens of thousands of dollars per violation, depending on the severity of the violation and the railroad's history of compliance. In cases of willful or repeated violations, the FRA may also pursue criminal charges against individuals or companies. In addition to monetary penalties, the FRA may also issue compliance orders, which require the railroad to take specific actions to correct the violations and prevent future occurrences. Failure to comply with a compliance order can result in further penalties. The FRA also has the authority to shut down operations if it determines that there is an imminent threat to safety. The specific penalty for non-compliance with securement regulations depends on the circumstances of the violation. Factors that are considered include the severity of the violation, the railroad's history of compliance, and whether the violation resulted in an accident or injury. The FRA takes all violations of its regulations seriously and is committed to enforcing its rules to ensure the safety of the nation's railroads and the communities they serve. Consistent application of sufficient hand brakes on unattended equipment is necessary for compliance.