The FRA track safety standards in 49 CFR Part 213 are the federal minimum rules for general-system track. They define nine track classes, require visual inspection up to twice weekly under 213.233, and require internal rail testing at least every 370 days or 30 million gross tons on Class 4 and 5 track under 213.237.
This page is the overview of Part 213. It explains how the rule is organized, who is responsible for compliance, how track classes work, what each inspection rule requires, and what changed between 2024 and 2026. Where EMA Industries has a detailed article on one section, this page summarizes the rule and links to it.
What are the FRA track safety standards?
The FRA track safety standards are the regulations in 49 CFR Part 213 on eCFR, issued by the Federal Railroad Administration, that set minimum conditions for track and minimum inspection schedules. Section 213.1(a) makes clear that they are a floor: a track owner may adopt more stringent requirements of its own, and many do.
Part 213 is divided into seven subparts. Subparts A to F cover excepted track and Classes 1 to 5. Subpart G is a separate, self-contained set of rules for Classes 6 to 9.
| Subpart | Sections | What it covers |
|---|---|---|
| A General | 213.1–213.19 | Scope, application, excepted track, owner responsibility, qualified persons, track classes and speeds, penalties, waivers |
| B Roadbed | 213.31–213.37 | Drainage and vegetation |
| C Track Geometry | 213.51–213.65 | Gage, alinement, curve elevation and speed, track surface, combined deviations |
| D Track Structure | 213.101–213.143 | Ballast, crossties, gage restraint measurement, defective rails, rail end mismatch, CWR plans, rail joints, fastenings, turnouts, switches, frogs and guard rails |
| E Track Appliances and Track-Related Devices | 213.201–213.205 | Derails |
| F Inspection | 213.231–213.241 | Visual inspection, switch and crossing inspection, internal rail testing, qualified operators, special inspections, continuous rail testing and records |
| G Train Operations at Track Classes 6 and Higher | 213.301 onward | A parallel rulebook for 110 to 220 mph track |
Key takeaway: Part 213 is a set of minimum conditions plus minimum inspection intervals; the owner's own standards usually go further.
The difference between the two kinds of rule matters in practice. Subparts B to E say what the track must look like (gage within a limit, no defective rail left in service without remedial action). Subpart F says how often someone has to look. A railroad can be compliant on inspection frequency and still be operating on noncompliant track, and the reverse is also possible.
Which track do the FRA track safety standards apply to?
Part 213 applies to "all standard gage track in the general railroad system of transportation" (213.3(a)), with a short list of exclusions in 213.3(b). That covers freight railroads, intercity passenger and commuter railroads, short lines and regional railroads, whatever their size.
The exclusions are narrow but important:
- Plant railroads (213.3(b)(1)): track inside an installation that is not part of the general system, where the plant uses its own locomotive to move goods solely for its own industrial processes. A plant that switches cars for other companies is part of the general system and is covered.
- Tourist and excursion track that is not part of the general system.
- Rapid transit "used exclusively for rapid transit operations in an urban area that are not connected to the general railroad system" (213.3(b)(3)). Heavy-rail metro and stand-alone light rail fall under FTA rules and state safety oversight instead; in California that is the CPUC.
Industrial track owners, such as quarries or manufacturing plants with a rail spur, should check this carefully. A spur that a general-system railroad operates over is covered, even if it sits inside the plant gate.
Who is responsible for compliance?
The track owner is responsible, and 213.5 sets out what the owner must do when track does not comply. An owner who knows or has notice that track does not comply must bring it into compliance, halt operations, or operate under the authority of a person designated under 213.7(a), subject to the conditions in the part. On CWR, that person must also be qualified under 213.7(c).
The owner can assign responsibility to another party, for example by lease, but 213.5(c) requires written notice to FRA's Track and Structures Division at least 30 days before the assignment. FRA can then hold the owner, the assignee or both responsible (213.5(d)).
Contractors are covered too. Section 213.5(f) states:
"When any person, including a contractor for a railroad or track owner, performs any function required by this part, that person is required to perform that function in accordance with this part." (49 CFR 213.5(f))
A contractor running a rail flaw detection test is therefore performing a Part 213 function and must meet 213.237, 213.238 and 213.241, not just the owner's purchase order.
Key takeaway: the owner carries the duty, but anyone doing Part 213 work on the owner's behalf must do it to the rule.
Who sets the class of track, and what speeds does each class allow?
FRA does not assign a class of track. The track owner decides the class it intends to maintain each segment to, and FRA enforces it: if a segment fails any requirement of its intended class, 213.9(b) reclassifies it to the next lower class it does meet. The class then sets the maximum operating speed and the inspection schedule.
The owner usually records its classes and speeds in its timetable or special instructions. The rule itself speaks of a segment's "intended class". The full text of 213.9(b) is: "If a segment of track does not meet all of the requirements of 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."
| Class | Freight maximum (mph) | Passenger maximum (mph) | Rule |
|---|---|---|---|
| Excepted | 10 | Not allowed (no occupied passenger trains) | 213.4 |
| 1 | 10 | 15 | 213.9 |
| 2 | 25 | 30 | 213.9 |
| 3 | 40 | 60 | 213.9 |
| 4 | 60 | 80 | 213.9 |
| 5 | 80 | 90 | 213.9 |
| 6 | 110 | 110 | 213.307 |
| 7 | 125 | 125 | 213.307 |
| 8 | 160 | 160 | 213.307, FRA approval needed above 125 mph |
| 9 | 220 | 220 | 213.307, FRA approval needed above 125 mph |
For Classes 6 to 9, 213.307 sets one maximum speed "for trains", not separate passenger and freight limits. Freight may be moved at passenger train speeds if the freight vehicles have equal dynamic performance and are qualified under 213.329 and 213.345, the load and axle loading meet the conditions in footnote 1, and hazardous materials are carried only as the Hazardous Materials Table permits. Freight is allowed on Class 6 track; it is not passenger-only. Above 125 mph, operation also needs FRA regulatory approval addressing the wider railroad system.
Excepted track is a separate category under 213.4. The owner may designate a segment as excepted if it is listed in the timetable or other records, is inspected at the Class 1 frequency, and is run at no more than 10 mph with no occupied passenger trains and no more than five placarded hazmat cars per train. Gage on excepted track may not exceed 4 ft 10¼ in.
What happens when track falls below its class?
The segment drops to the highest class it still meets, and speed must drop with it, until the defect is repaired. This is automatic under 213.9(b); FRA does not have to act first.
If a segment doesn't even meet Class 1, 213.9(b) allows operations to continue at Class 1 speeds for no more than 30 days without bringing the track into compliance. That is only permitted under the authority of a person designated under 213.7(a), who has decided operations can safely continue, and subject to any conditions that person sets.
A few sections also set speed limits directly, whatever the class: 213.9(a) lists 213.57(b) (curve speed), 213.59(a) (curve elevation runoff), 213.113(a) (defective rails) and 213.137(b) and (c) (frogs) as exceptions to the class speeds.
Worked example: a gage reading out of class
A track inspector measures gage on a Class 4 freight main at 57⅝ in., measured 5/8 in. below the top of the rail head as 213.53 requires.
| Class | Maximum gage under 213.53 | Does 57⅝ in. comply? |
|---|---|---|
| 4 and 5 | 57½ in. | No, by 1/8 in. |
| 2 and 3 | 57¾ in. | Yes, with 1/8 in. to spare |
| 1 | 58 in. | Yes |
The segment now meets Class 3 but not Class 4. Under 213.9(b) it is reclassified to Class 3, so freight speed falls from 60 mph to 40 mph (passenger from 80 to 60 mph) over that location until the gage is corrected. If the reading were 57⅞ in., the segment would meet only Class 1, and the speed would be 10 mph freight. Gage limits and how wear affects them are covered in EMA's article on gauge face wear on rail.
Key takeaway: a class is the owner's promise to maintain the track to a standard; a single out-of-limit condition reclassifies the segment.
What do Subparts B to E require?
Subparts B to E set the physical condition limits for Class 1 to 5 track: roadbed, geometry, structure and derails. This section summarizes each; the inspection rules follow in Subpart F.
Roadbed and drainage (Subpart B)
The drainage rule is 213.33, and it is short: "Each drainage or other water carrying facility under or immediately adjacent to the roadbed shall be maintained and kept free of obstruction, to accommodate expected water flow for the area concerned." Section 213.37 requires vegetation on or next to the roadbed to be controlled so that it is not a fire hazard to track-carrying structures, doesn't obstruct signs and signals, and doesn't interfere with trackside duties or with employees inspecting moving equipment.
Part 213 doesn't set numeric limits for culvert size, ditch depth or subgrade strength. Those come from the owner's engineering standards and from AREMA recommended practice, which is guidance, not law. EMA's article on AREMA vs FRA vs ASTM explains the difference.
Track geometry (Subpart C)
Subpart C limits how far track may deviate from its intended position. The main sections are:
| Section | Parameter | Example limit |
|---|---|---|
| 213.53 | Gage | 56 in. minimum on Class 1–5; maximum 58 in. (Class 1), 57¾ in. (Class 2–3), 57½ in. (Class 4–5) |
| 213.55 | Alinement | Mid-ordinate deviation limits by class |
| 213.57 | Curves: elevation and speed | Maximum curve speed from elevation and cant deficiency |
| 213.59 | Elevation of curved track; runoff | Elevation runoff at a uniform rate, over at least the full spiral |
| 213.63 | Track surface | Profile, crosslevel, warp and (for higher cant deficiency) short warp |
| 213.65 | Combined alinement and surface deviations | Applies at higher cant deficiency |
Gage is measured 5/8 in. below the top of the rail head. Part 213 limits gage and, under 213.110, allows optional loaded-gage measurement with a gage restraint measurement system (GRMS). It doesn't set a wear limit for the running rail head; railroads take that from their own standards.
Track structure (Subpart D)
Subpart D covers the components. The sections that matter most for rail testing and rail weld work are:
- 213.113 Defective rails: what the owner must do when a rail defect is found (covered below).
- 213.118 and 213.119 CWR: the CWR plan, filed with FRA, and its contents.
- 213.121 Rail joints: on any class, a joint bar "cracked or broken between the middle two bolt holes" must be replaced; jointed track needs at least two bolts per rail at each joint. EMA covers joint bar testing in rail joint inspection by ultrasonic testing, insulated joints in insulated rail joint inspection, and bolt hole cracks.
- 213.133 to 213.143 Turnouts, switches and frogs: flangeway widths, switch point condition and frog wear. EMA covers these in railroad switch and crossing inspection.
Ballast (213.103), crossties (213.109), tie plates (213.123) and fastenings (213.127) complete the subpart. Subpart E (213.201–213.205) now contains only the derail rule.
Key takeaway: Subparts B to E are the "what the track must be" half of Part 213; each limit is tied to the class.
What happened to the 213.63 track surface runoff limit?
FRA repealed the "runoff" row of the 213.63(a) track surface table for Classes 1 to 5 in a final rule published on April 28, 2026 (91 FR 22733), effective 30 days after publication. The current 213.63 on Cornell LII shows the table without the runoff row and cites the amendment at 91 FR 22735.
Runoff was never a drainage rule. The deleted row read: "The runoff in any 31 feet of rail at the end of a raise may not be more than" 3½, 3, 2, 1½ and 1 inch for Classes 1 to 5. It limited the ramp left at the end of a surfacing raise, where track has been lifted and must taper back to the old level. Water and drainage are dealt with in 213.33, which was not changed.
The history, in order:
July 1, 2025: FRA published a notice of proposed rulemaking, Repealing a Track Surface Requirement (Docket FRA-2025-0116, RIN 2130-AD49; 90 FR 28626), proposing to remove the runoff parameter. FRA said a Railroad Safety Advisory Committee working group had considered the change in 2019 and 2022.
April 28, 2026: the final rule adopted the repeal as proposed. FRA explained that the profile limit, measured over a 62-ft chord rather than 31 ft, detects the same unsafe conditions, and described the purpose of the old limit this way:
"The runoff parameter under section 213.63(a) was meant to confront situations where track is elevated because of surfacing or bridge work, not degradation or deterioration." (FRA final rule, 91 FR 22733, April 28, 2026)
Profile, crosslevel and warp limits in 213.63 were not modified. Elevation runoff on curves in 213.59 is a separate requirement and stays in force.
Labor comments split. The final rule records that BMWED supported the repeal provided the overlapping surface standards remain enforced, while SMART-TD asked FRA to withdraw it. FRA disagreed with SMART-TD.
The effective date in the final rule text is "30 days after date of publication", which places it at the end of May 2026. Check the published Federal Register page for the exact date if a contract or audit depends on it.
Key takeaway: 213.63 runoff was a surfacing-ramp limit, not a drainage rule, and it has been repealed for Classes 1 to 5 since 2026.
Who may inspect track under 213.7?
Only a person the track owner has designated under 213.7 may inspect track for Part 213 purposes, and FRA does not certify those people. The owner qualifies, authorizes and records each designation.
Section 213.7 has four types of designation:
| Designation | Who | Minimum qualification |
|---|---|---|
| 213.7(a) | Supervises restorations and renewals under traffic | 1 year of track maintenance experience, or a combination of experience and a track maintenance course or college program; demonstrated knowledge; owner authorization to prescribe remedial action |
| 213.7(b) | Inspects track for defects | 1 year of track inspection experience, or a combination of experience and training; demonstrated knowledge; owner authorization, pending review by a 213.7(a) person |
| 213.7(c) | Inspects CWR or supervises its installation and maintenance | Current (a) or (b) designation, a comprehensive course on the owner's CWR procedures, demonstrated competence, authorization and a recorded examination |
| 213.7(d) | Passes trains over broken rails and pull-aparts | At least 1 year of maintenance-of-way or signal experience, at least 4 hours of initial training, re-examination within 2 years; trains limited to 10 mph |
The owner must keep records of each designation in effect, the date it was made and the basis for it (213.7(e)), and make them available to FRA (213.7(f)). A visual track inspector designated under 213.7 is not the same as a rail flaw detection operator qualified under 213.238; the two are different roles with different rules.
How often must track be visually inspected under 213.233?
Under 213.233(c), Class 4 and 5 track is visually inspected twice weekly, and Class 1 to 3 main track and sidings weekly, or twice weekly if passenger trains run or the track carried more than 10 MGT in the previous calendar year. The inspector must be designated under 213.7, and inspections can be on foot or from a vehicle.
| Track | Required frequency (213.233(c)) |
|---|---|
| Excepted and Class 1, 2 and 3, main track and sidings | Weekly, with at least 3 calendar days between inspections, or before use if used less than once a week |
| Same, if the track carries passenger trains or carried more than 10 MGT in the preceding calendar year | Twice weekly, with at least 1 calendar day between inspections |
| Excepted and Class 1, 2 and 3, other than main track and sidings | Monthly, with at least 20 calendar days between inspections |
| Class 4 and 5 | Twice weekly, with at least 1 calendar day between inspections |
| Class 6, 7 and 8 (213.365) | Twice weekly, at least 2 calendar days apart |
| Class 9 (213.365) | Three times weekly |
An inspection week runs Sunday to Saturday. The rule also controls how a vehicle inspection is done (213.233(b)). The inspection vehicle may not exceed 5 mph over track crossings and turnouts. One inspector may cover up to two tracks, the second centered no more than 30 ft away; two inspectors may cover up to four tracks within 39 ft. Each main track must still be traversed or walked at least once every two weeks, and each siding monthly.
Mechanical and electrical inspection devices may "supplement visual inspection", in the rule's words. They don't replace it. A geometry car run doesn't count as a 213.233 inspection on its own.
Three related sections complete the visual inspection rules:
- 213.235 requires switches, turnouts, track crossings and lift rail assemblies to be inspected on foot at least monthly.
- 213.239 requires a special inspection after a fire, flood, severe storm or similar event that might have damaged the track, before trains run over it where feasible.
- 213.234 requires automated inspection technology, as a supplement to visual inspection, on Class 4 and 5 main track built with concrete crossties, and on Class 3 concrete-tie main track with regularly scheduled passenger trains, for Class I and II railroads and certain passenger railroads.
Key takeaway: 213.233 is the visual schedule. It doesn't test the inside of the rail, which is what 213.237 is for.
How often must rail be internally tested under 213.237?
Under 213.237(c), Class 4 and 5 track, and Class 3 track that carries regularly scheduled passenger trains or is a hazardous materials route, must be internally tested at least every 370 days or 30 MGT, whichever is shorter. Other Class 3 track is tested annually (no more than 18 months apart) or every 30 MGT, whichever is longer, and never more than 5 years apart.
| Track | Maximum interval between internal rail inspections (213.237(c)) |
|---|---|
| Class 4 and 5 | 370 days or 30 MGT, whichever is shorter |
| Class 3 with regularly scheduled passenger trains, or a hazmat route | 370 days or 30 MGT, whichever is shorter |
| Other Class 3 | Each calendar year (≤18 months apart) or every 30 MGT, whichever is longer; never more than 5 years |
| Class 1, 2 and excepted | No fixed internal test interval in 213.237; plug rail and owner's program still apply |
| Class 6 and higher (213.339) | At least twice a year, at least 120 days apart, no tonnage element |
Internal testing is required in addition to visual inspection. A walking inspector can't see a transverse defect growing inside the rail head, but an ultrasonic search can. Section 213.237(f) also requires the test equipment to be capable of detecting defects between joint bars, in the area enclosed by the bars.
Section 213.237 is built around performance as well as frequency. Each owner designated rail inspection segments by March 25, 2014, and each segment must stay below a service failure rate: 0.10 failures per mile per year on Class 4 and 5 track, 0.09 where the track carries regularly scheduled passenger trains or is a hazmat route, and 0.08 where it is both. A service failure is a broken rail caused by a transverse fissure, compound fissure, detail fracture or vertical split head.
The test has to be valid to count. Section 213.237(j)(4) defines a valid search as "a continuous inspection for internal rail defects where the equipment performs as intended and equipment responses are interpreted by a qualified operator as defined in § 213.238." If the operator determines that a valid search couldn't be made over a stretch of rail (213.237(g)), for example because coupling was lost on a shelled head, that stretch is not tested. Before the interval runs out, the owner must re-test it, restrict speed to 25 mph until it is tested, or replace the rail (213.237(h)).
Two further rules often surprise owners. Plug rail, which 213.237(j) defines as "a length of rail that has been removed from one track location and stored for future use as a replacement rail at another location", must have been tested for internal flaws. Plug rail installed after March 25, 2014 must not have accumulated more than 30 MGT since its last test, or trains over it are limited to Class 2 speeds until it is tested (213.237(c)). And in the rule's own wording, "rail relay" means replacing rail, which isn't the same as the industry's "relay rail" (second-hand rail); EMA covers the second in relay rail inspection.
EMA's detailed articles cover this section in full: 49 CFR 213.237 rail flaw detection requirements explains valid searches, failure rates and segments, and how often must rail be tested works through the tonnage-versus-calendar calculation for different traffic levels.
Key takeaway: 213.237 sets a maximum interval and a maximum failure rate, and only a valid search counts toward either.
What do 213.238, 213.240 and 213.241 add to rail testing?
These three sections control who may operate rail flaw detection equipment, when continuous testing can replace stop-and-verify testing, and what records must be kept. Together with 213.237 and 213.113, they are the rail testing part of the FRA track safety standards.
213.238 Qualified operator
Each provider of rail flaw detection must have a documented training program, and each operator must be qualified under it. The operator needs training and written authorization from the employer to perform four duties (213.238(b)): conduct a valid search with the equipment types he or she is qualified on, determine that the equipment is performing as intended, interpret equipment responses and act under the employer's procedures, and determine that each search is continuous and has not been compromised. Qualification needs at least 160 hours of rail flaw detection experience under direct supervision of a qualified operator or the equipment manufacturer's representative, plus demonstrated proficiency (213.238(c)). Reevaluation, including a recorded examination, follows the employer's own program; the rule doesn't fix an interval.
The fourth duty uses the rule's own words: the operator determines that the search "has not been compromised due to environmental contamination, rail conditions, or equipment malfunction" (213.238(b)(4)). The employer keeps a record of each qualification in effect (213.238(e)). Employees who had demonstrated proficiency before January 24, 2014 are deemed qualified (213.238(f)).
FRA doesn't certify rail flaw detection operators, and neither does ASNT. The employer qualifies them. Where the provider also uses ASNT SNT-TC-1A, that is the employer's own certification scheme, run alongside 213.238.
213.240 Continuous rail testing
Continuous rail testing is an optional method in which the test vehicle doesn't stop to verify each indication. Data are reviewed by a qualified interpreter, and each suspect location is field-verified later by a 213.238-qualified person. Suspect locations must be verified within 84 hours, or 36 hours where the suspect could need remedial action A, A2 or B. The rule states: "A suspect location is not considered a defect under § 213.113(c) until it has been field-verified by a person qualified under § 213.238."
An owner using continuous testing must file an annual report with FRA within 45 days after each calendar year (213.240(g)), segment by segment, including tonnage, numbers of tests, defects and service failures.
213.241 Inspection records
| Record | Retention | Rule |
|---|---|---|
| Visual inspections (213.233, 213.235, 213.119 CWR joints, excepted track) | Prepared the day of the inspection, signed, kept at least 1 year | 213.241 |
| Internal rail inspections: date, track and limits, location and type of each defect, size (if not removed before the next train), initial remedial action and date, and the location of any untested track | 2 years after the inspection and 1 year after remedial action | 213.241(c) |
| Service failure rate calculations by segment | Kept with the rail inspection records | 213.241 |
| TGMS plots and exception reports (Class 6+ and higher cant deficiency) | 1 year after the inspection | 213.333(g) |
| 213.7 designations | While in effect, with the basis for each | 213.7(e) |
Electronic records are allowed under 213.241 with conditions: the inspector must initiate electronic storage within 72 hours of finishing the inspection, the system must uniquely identify each author, a completed record can't be modified or replaced, and amendments are stored separately.
Key takeaway: a rail test only proves compliance if the operator is qualified, the search was valid, and the record shows any untested track.
What must a track owner do when a rail defect is found?
Section 213.113 tells the owner what to do with a rail found to contain a defect: a person designated under 213.7 decides whether the track may stay in use, and the remedial action table sets the speed restriction or repair by defect type and size. It applies to Class 1 to 5 track; Class 6 and higher uses 213.337.
The section has four parts:
- 213.113(a): when an owner learns through inspection or otherwise that a rail contains a listed defect, a person designated under 213.7 determines whether the track may continue in use, and if so the remedial action applies.
- 213.113(b): the owner must verify an indication within four hours, or immediately where the defect would require remedial action A, A2 or B (except where 213.240 continuous testing applies).
- 213.113(c): the remedial action table. Head defects are sized by percent of rail head cross-section area; split heads, split webs and bolt hole cracks by length.
- 213.113(d): definitions of the defect types, such as transverse fissure, compound fissure, detail fracture, engine burn fracture, defective weld, horizontal and vertical split head, split web, piped rail, head-web separation, bolt hole crack, broken base, ordinary break and damaged rail.
For example, a detail fracture of 5% to less than 25% of the head area calls for remedial action C (joint bars within 10 days, with speed limits until then); at 100% it calls for A (visual supervision of each movement) or E and H. Remedial actions are letters, not numbers, and 213.113 has no numeric defect codes. EMA's FRA defect codes explained sets out the full remedial table, the lettered notes and the T2xx accident cause codes that are often confused with them. For how particular defects form, see detail fracture development, and for speed restrictions in practice, slow orders for rail defects.
Key takeaway: 213.237 says when to test; 213.113 says what to do with what the test finds.
Worked example: a one-year compliance calendar for a Class 4 segment
A Class 4 freight main line with CWR, 25 route miles, no passenger trains and 22 MGT a year needs roughly 104 visual inspections, 12 switch inspections, 2 CWR joint inspections and 1 internal rail test in a year. The inputs and arithmetic are shown below.
Inputs: Class 4, freight only, CWR, 25 miles, 22 MGT per year, not a hazmat route, no cant deficiency above 5 in.
| Requirement | Rule | Calculation | Result for one year |
|---|---|---|---|
| Visual track inspection | 213.233(c), Class 4–5 | Twice weekly × 52 weeks | About 104 inspections, at least 1 calendar day apart |
| Switch and turnout inspection on foot | 213.235 | Monthly × 12 | 12 per turnout |
| CWR joint inspection | 213.119(h)(6), Class 4 freight under 40 MGT | 2 a year, at least 120 days apart | 2 |
| Internal rail test | 213.237(c), Class 4 | 30 MGT ÷ 22 MGT/yr × 365 = 497.7 days, against 370 days; the shorter controls | 1 test, 370-day limit controls |
| TGMS run | 213.333(a)(1) | Only required on Class 1–5 above 5 in. cant deficiency | Not required here |
| Service failure limit | 213.237(a), Class 4–5 | 0.10 × 25 miles | No more than 2.5 failures a year (2 is within the limit, 3 is not) |
Now change one input. If traffic grows to 36 MGT a year, the tonnage limit arrives first: 30 ÷ 36 × 365 = 304.2 days, so the next test is due at about day 304, not day 370. If the line also starts carrying regularly scheduled passenger trains, the service failure limit tightens to 0.09 per mile per year, or 2.25 failures on 25 miles.
The same segment rated Class 3 and freight-only, not a hazmat route, would be on the "whichever is longer" schedule: at 22 MGT a year, 30 MGT takes about 1.4 years, so the longer of the annual and tonnage intervals would apply, within the 5-year cap. The calendar on this kind of line is easy to misread, which is why the class and traffic assumptions belong at the top of any rail testing RFP. EMA's article on rail inspection RFPs and track classifications covers how to write them in.
Key takeaway: write the class, the tonnage and the passenger and hazmat status down first, because every interval in Part 213 depends on them.
What extra rules apply to CWR and Class 6 to 9 track?
CWR track needs an FRA-filed CWR plan under 213.118 and 213.119, and Class 6 to 9 track is governed by the separate Subpart G, with tighter geometry, more frequent automated inspection and twice-yearly rail testing.
Continuous welded rail (213.118 and 213.119)
Each owner with CWR track "shall have in effect and comply with a plan that contains written procedures" for installing, adjusting, maintaining and inspecting CWR, inspecting CWR joints, and training (213.118(a)). The owner files the plan with FRA. Within 30 days FRA reviews it and approves, disapproves or conditionally approves it, and FRA can later require revisions for cause. CWR is defined in 213.119(l) as rail welded into lengths over 400 ft.
Section 213.119 sets what the plan must contain: installation and destressing procedures, rail neutral temperature, anchoring, joint installation, speed restrictions on disturbed track and in buckling-prone conditions, inspection for pull-aparts and buckling-prone conditions, and the CWR joint inspection table in 213.119(h)(6). Every person who inspects CWR or supervises its maintenance must be qualified under 213.7(c). EMA's continuous welded rail article explains rail neutral temperature and buckling.
Class 6 to 9 track (Subpart G)
Subpart G replaces Subparts A to F for track at 110 mph and above. If a Class 6 segment fails Subpart G, 213.307(b) applies the Class 1 to 5 rules instead. The main differences:
| Requirement | Class 6 to 9 rule | Requirement |
|---|---|---|
| Responsibility | 213.303, 213.305 | Owner responsibility and qualified persons, parallel to 213.5 and 213.7 |
| Geometry | 213.323–213.332 | Tighter gage, alinement and surface limits (Class 6–8 gage 4 ft 8 in. to 4 ft 9¼ in.) |
| Automated geometry (TGMS) | 213.333(a) | Class 6 once a calendar year, at least 170 days apart; Class 7 twice in any 120 days, at least 25 days apart; Class 8 and 9 twice in any 60 days, at least 12 days apart |
| Defective rails | 213.337 | Remedial action table for Class 6+ |
| Internal rail testing | 213.339 | At least twice a year, at least 120 days apart |
| Visual inspection | 213.365 | Class 6–8 twice weekly; Class 9 three times weekly |
A qualifying TGMS must produce exception reports within 24 hours, and the owner must field-verify and act on all exceptions within two days (213.333(d) and (f)). On Class 1 to 5 track, 213.333 requires TGMS runs only where the owner operates at a qualified cant deficiency above 5 inches: twice per calendar year, at least 120 days apart.
The original version of this article said Class 8 and 9 operators must submit yearly reports to FRA on inspections and maintenance. No such requirement appears in Part 213; the only annual report in the part is the 213.240(g) report for owners using continuous rail testing.
How does FRA enforce Part 213?
FRA enforces Part 213 through its own track inspectors, its automated track inspection vehicles, civil penalties under 213.15 and, where justified, waivers under 213.17.
Inspections
FRA track inspectors and participating state inspectors review track condition and the owner's records, including inspection records, rail test records, 213.7 designations and the CWR plan. FRA also runs an Automated Track Inspection Program (ATIP) that uses instrumented geometry cars to measure track. An FRA geometry exception is a starting point for enforcement; the owner's own compliance still rests on its 213.233 and 213.237 inspections.
Civil penalties (213.15)
Any person who violates Part 213 or causes a violation is subject to a civil penalty per violation, and each day a violation continues is a separate offense. Penalties against individuals are limited to willful violations. A higher, aggravated maximum applies where a grossly negligent violation or a pattern of repeated violations created an imminent hazard of death or injury, or where death or injury occurred.
Since July 1, 2025, 213.15 no longer states dollar amounts. An FRA administrative rule (Docket FRA-2025-0081, RIN 2130-AD08) replaced them with references to the "minimum", "ordinary maximum" and "aggravated maximum" civil monetary penalties in 49 CFR Part 209, Appendix A, which FRA adjusts for inflation. The same rule updated FRA addresses in 213.4, 213.5, 213.110 and 213.303 and the definition of "person". It made no change to track limits or inspection intervals. Check Part 209 Appendix A for the current amounts.
Waivers (213.17)
Any track owner or other person subject to Part 213 may petition the FRA Administrator for a waiver of any requirement. The petition is filed under 49 CFR Part 211, and filing it "does not affect that person's responsibility for compliance with that requirement while the petition is being considered" (213.17(a)). FRA grants a waiver only if it is in the public interest and consistent with railroad safety, and may attach conditions. Under 49 CFR 211.41, petitions go to FRA's Railroad Safety Board and are decided no later than 9 months after receipt.
Key takeaway: FRA inspects, the owner proves compliance with its own records, and a pending waiver doesn't suspend the rule.
Which Part 213 changes from 2024 to 2026 matter?
Two rules have taken effect since mid-2025 (an administrative update and the runoff repeal), and one 2024 proposal on track geometry measurement had not become a final rule as of October 2026.
| Date | Document | Status | What it does |
|---|---|---|---|
| Oct 24, 2024 | NPRM, Track Geometry Measurement System (TGMS) Inspections, Docket FRA-2024-0032 (FR Doc. 2024-24153) | Proposed; no final rule found as of Oct 2026 | Would require TGMS runs on certain Class 1–5 main track and controlled sidings of larger railroads, and more frequent runs on Class 6 |
| July 1, 2025 | Final rule, Administrative Updates to FRA's Track Safety Standards, Docket FRA-2025-0081 | In effect | Addresses updated; 213.15 penalty amounts moved to Part 209 Appendix A |
| July 1, 2025 | NPRM, Repealing a Track Surface Requirement, Docket FRA-2025-0116 | Superseded by the final rule | Proposed removing the 213.63(a) runoff parameter |
| Apr 28, 2026 | Final rule, Repealing a Track Surface Requirement (91 FR 22733) | In effect 30 days after publication | Removed the runoff row from 213.63(a) for Classes 1–5 |
What this means for an owner in 2026:
- Update internal track standards, inspector training and any geometry car exception logic that still flags 213.63 runoff as an FRA defect. Owners may keep runoff as a company standard.
- Check any contract or procedure that quotes the old 213.15 dollar amounts.
- Watch the TGMS docket. If a final rule is published, Class 1 to 5 inspection programs at larger railroads will need geometry car scheduling.
- Nothing in 2025 or 2026 changed 213.233, 213.237, 213.238, 213.240 or 213.241. Rail testing intervals are as they were after the 2014 Improving Rail Integrity rule and the 2020 amendments.
What the FRA track safety standards don't cover
Part 213 sets minimum federal conditions for general-system track; it doesn't cover every railroad, every component or every method, and meeting it isn't the same as having a safe, well-managed track. The main limits:
- Rapid transit and plant railroads are excluded. A stand-alone metro or light rail system is regulated through FTA and its state safety oversight agency, not Part 213. Many transit agencies adopt Part 213 limits by contract or in their own standards, but the federal rule doesn't apply to them directly.
- Roadway worker safety is in Part 214, not Part 213. Anyone testing or inspecting track must also work under an on-track safety program.
- Signal and track circuit rules are in Part 236. Insulated joints, for example, have an electrical performance requirement in 236.59 that Part 213 doesn't address.
- Part 213 is not an NDT procedure. It requires a valid search by a qualified operator but doesn't specify probe angles, calibration blocks, sensitivity or scanning speed. Those come from the test provider's procedures and the owner's specifications.
- Some components get no internal testing requirement. 213.237 covers the rail, including the rail between joint bars, but not the joint bars themselves, and its text doesn't mention frogs or switch points. Cast manganese frogs, for example, are generally inspected visually.
- There is no rail wear or corrosion limit for running rail. Part 213 limits gage, not head wear, and has no web-thickness or corrosion limit. Corrosion hidden under a grade crossing surface can be missed by both visual and ultrasonic inspection.
- Ultrasonic testing has blind spots. Shelling, head checks and surface damage can mask internal defects from the probes, which is why 213.237 treats a compromised search as no search.
- Minimums aren't targets. The "whichever is longer" schedule for other Class 3 track allows several years between tests on a light-tonnage line. Older rail, a history of service failures, or passenger and hazmat traffic may justify testing more often than the rule requires.
This page summarizes the rule as published on Cornell LII and govinfo in October 2026. It is not legal advice. For a compliance decision, read the current section on eCFR and FRA's track compliance manual.
How EMA Industries applies this
EMA Industries provides ultrasonic rail flaw testing for transit agencies, short lines and industrial track owners. Testing is planned around the 213.237 intervals and the owner's own standards, with operators qualified under 213.238 and records set up to meet 213.241, including any track that couldn't be validly searched. EMA also inspects rail welds in track. The company is based in Southern California and mobilizes nationwide. To plan a test program or request a quote, contact EMA Industries.
Related EMA articles
- 49 CFR 213.237 rail flaw detection requirements
- How often must rail be tested?
- FRA defect codes explained
- Rail joint inspection by ultrasonic testing
- Gauge face wear on rail
- Continuous welded rail
- Rail failure statistics from FRA data
FAQ
Does FRA assign the class of track?
FRA doesn't assign classes. The track owner decides the class it intends to maintain each segment to and sets operating speeds to match, usually in its timetable. FRA enforces the limits for that class, and under 213.9(b) a segment that fails any requirement is reclassified to the next lower class it meets, with the lower speed.
Can freight trains run on Class 6 track?
Freight can run on Class 6 track. Section 213.307 sets a single 110 mph maximum for all trains on Class 6. Freight may run at passenger train speeds only if the freight vehicles have equal dynamic performance and are qualified under 213.329 and 213.345, the loading conditions are met, and hazardous materials follow the Hazardous Materials Table.
Was 213.63 repealed?
Only part of it. FRA's April 28, 2026 final rule removed the runoff row from the 213.63(a) track surface table for Classes 1 to 5. Runoff was the limit on the ramp at the end of a surfacing raise, not a drainage rule. The profile, crosslevel and warp limits in 213.63 remain, and drainage is still covered by 213.33.
How often must track be inspected under Part 213?
Visual inspection under 213.233 is twice weekly on Class 4 and 5 track and weekly on Class 1 to 3 main track and sidings, rising to twice weekly with passenger trains or more than 10 MGT a year. Separately, 213.237 requires internal rail testing every 370 days or 30 MGT, whichever is shorter, on Class 4 and 5 track.
Does FRA certify track inspectors or rail flaw detection operators?
FRA certifies neither. Track inspectors are designated by the track owner under 213.7, which sets minimum experience and requires a record of the basis for each designation. Rail flaw detection operators are qualified by their employer under 213.238, with a documented training program, written authorization and at least 160 hours of supervised experience.
Sources
- 49 CFR Part 213, Track Safety Standards, on eCFR (text read on Cornell LII, October 2026)
- 49 CFR 213.3 Application
- 49 CFR 213.4 Excepted track
- 49 CFR 213.5 Responsibility for compliance
- 49 CFR 213.7 Designation of qualified persons
- 49 CFR 213.9 Classes of track: operating speed limits
- 49 CFR 213.15 Penalties and 49 CFR 213.17 Waivers
- 49 CFR 213.33 Drainage
- 49 CFR 213.53 Gage
- 49 CFR 213.63 Track surface (Cornell LII copy showing the 91 FR 22735 amendment)
- 49 CFR 213.113 Defective rails
- 49 CFR 213.118 CWR plan review and approval and 213.119 CWR plan contents
- 49 CFR 213.233 Visual track inspections
- 49 CFR 213.237 Inspection of rail
- 49 CFR 213.238 Qualified operator
- 49 CFR 213.240 Continuous rail testing
- 49 CFR 213.241 Inspection records
- 49 CFR 213.307 Class 6–9 speed limits, 213.333 Automated vehicle-based inspection systems and 213.339 Inspection of rail in service
- 49 CFR Part 211, Rules of Practice (waiver petitions, 211.9 and 211.41)
- FRA, Repealing a Track Surface Requirement, final rule, 91 FR 22733, April 28, 2026, Docket FRA-2025-0116 (FR Doc. 2026-08245)
- FRA, Repealing a Track Surface Requirement, NPRM, 90 FR 28626, July 1, 2025 (FR Doc. 2025-12191)
- FRA, Administrative Updates to the Federal Railroad Administration's Track Safety Standards, final rule, July 1, 2025, Docket FRA-2025-0081 (FR Doc. 2025-12126)
- FRA, Track Geometry Measurement System (TGMS) Inspections, NPRM, October 24, 2024, Docket FRA-2024-0032 (govinfo)
- 49 CFR Part 213 annual edition, 2025 (govinfo XML), used to confirm the pre-2026 runoff row and to search the full text

