Rail Inspection Services for Government & Transit Authorities

Rail inspection services for a public agency start with one question: who regulates the track? Commuter rail is FRA track under 49 CFR Part 213, tested every 370 days or 30 MGT on Class 3 and higher passenger track. Rapid transit not connected to the general railroad system is excluded by 213.3(b)(3) and falls under FTA state safety oversight (49 CFR Parts 673 and 674).

That answer decides which inspection interval applies, what qualifications you can require, which roadway worker protection rule governs the contractor, and what the inspection report must contain. This guide is written for the procurement engineer or track manager who has to write the solicitation. It covers jurisdiction by agency type, an RFP checklist, a sample scope of work, and a worked estimate of test shifts for a light-rail system.

Contents: Who regulates · Jurisdiction table · Shared use · Intervals · RFP guide · Sample scope · Worked example · Evaluation · Limits · FAQ

Who regulates rail inspection on public agency track?

It depends on whether the track is part of the general railroad system. The Federal Railroad Administration (FRA) has jurisdiction over every railroad except urban rapid transit that is not connected to that system. Part 213 says the same about track: it does not apply to track "used exclusively for rapid transit operations in an urban area that are not connected to the general railroad system of transportation" (49 CFR 213.3(b)(3)).

FRA's jurisdiction policy, published as Appendix A to 49 CFR Part 209, puts commuter rail firmly on the FRA side:

"A commuter system's connection to other railroads is not relevant under the rail safety statutes. In fact, FRA considers commuter railroads to be part of the general railroad system regardless of such connections." — FRA, Statement of Agency Policy Concerning Jurisdiction Over the Safety of Railroad Passenger Operations, 49 CFR Part 209, Appendix A

Rapid transit outside FRA jurisdiction is overseen by the Federal Transit Administration (FTA) through a State Safety Oversight Agency (SSOA). 49 CFR Part 674 carries out the state safety oversight mandate of 49 U.S.C. 5329. 49 CFR Part 673 requires each rail transit agency to keep a Public Transportation Agency Safety Plan (PTASP). In California the SSOA is the California Public Utilities Commission (CPUC), whose General Orders apply on top of the federal rules.

Key takeaway: an RFP that says "FRA-compliant rail inspection" for an isolated light-rail or subway system cites the wrong regulator.

Which rules apply to each type of public rail system?

The table below is a starting point for writing the solicitation. Confirm the classification for your own system with your safety department, your SSOA and, for anything near the general system, FRA.

Note that 213.3(a) applies Part 213 to standard gage track in the general system. Agencies with non-standard gage or unusual rail sections should say so in the scope, because test equipment and probe setups depend on it.

When does FRA regulate light rail that shares track with freight?

FRA regulates the shared portion, not the whole transit system. In its July 2000 policy statement on shared use, FRA said it "will exercise jurisdiction over the portion of a rapid transit operation that is conducted as a part of or over the lines of the general system" (65 FR 42529, July 10, 2000).

The same notice set out three situations:

Waivers go through a Petition for Approval of Shared Use, described in Appendix A to 49 CFR Part 211. Under that appendix, light rail operators sharing general-system track "will either have to comply with FRA's safety rules or obtain a waiver of appropriate rules". FRA's policy favors complete temporal separation, meaning freight and light rail never use the track at the same time, as the basis for waivers. The joint FRA and FTA statement issued the same day (65 FR 42526) explains how the two agencies coordinate.

Hedge this in your RFP. The 2000 policy is a policy statement, and each shared-use corridor's obligations depend on its own waiver order and operating plan. Before you write the scope, ask your safety department which Part 213 sections, if any, were waived for the corridor, and whether the freight operator or the transit agency is the track owner of record.

How often must a transit agency test its rail?

On FRA track, the interval is set by 213.237. On SSO-only transit track, no federal regulation sets one; the agency's own standard does. Parts 673 and 674 set up safety plans, oversight and audits, but neither part prescribes an internal rail testing frequency. A full-text search of both parts (2025 CFR) found no reference to ultrasonic or internal rail testing.

The industry standard most transit agencies cite is the American Public Transportation Association's Rail Transit Track Inspection and Maintenance standard (APTA RT-FS-S-002-02, Rev. 1, 2017). Section 3.2 states that "Ultrasonic rail flaw detection of mainline tracks shall be performed at least once per year." It also asks for defective rails to be marked on each side of web and base, and for records to be kept at least two years after inspection and one year after remedial action. APTA standards bind an agency only when it adopts them, so check which version your track standard references.

In California, GO 143-B section 14.05 reads:

"The Federal Railroad Administration (FRA) track safety standards contained in Section 213.9 of sub-part A and all of sub-parts B, C, D, and E as published by the FRA in Title 49, Chapter II, Part 213 of the Code of Federal Regulations shall be used as a guideline to establish minimum safety standards and inspection intervals." — CPUC General Order 143-B, section 14.05

The section adds that intervals less stringent than Title 49 "shall be filed with the Commission", and that track inspection records are kept for the four prior calendar years. Subpart F of Part 213, which contains 213.237, is not in the list, so the GO uses Part 213's defect and geometry standards (Subparts B to E) as a guideline without adopting the 213.237 schedule by name. The GO 143-B text on the CPUC site is the 2000 amendment. Confirm the current revision on the CPUC rail transit rules page before quoting it in a contract.

For how intervals work on FRA track, see how often rail must be tested and our guide to 49 CFR 213.237.

What should a rail inspection services RFP include?

A good RFP states the jurisdiction, the quantities, the deliverables and the qualifications in terms a bidder can price. Vague scopes ("FRA-compliant rail inspection of the system") produce proposals that can't be compared. The checklist below is what a procurement engineer can lift into the solicitation.

Scope of work items

• Track inventory: track-miles by line, segment and milepost limits; mainline, yard and storage track listed separately; rail weight and section; embedded (street-running) track; bridges and tunnels.
• Special trackwork: number and type of turnouts, crossovers and diamonds, with frog type (rail-bound manganese, solid manganese, spring, flange-bearing). Name switch point and stock rail UT, and frog UT where the frog type allows it, as line items. See switch and crossing inspection for what each component needs.
• Method: test vehicle, walking or push-cart UT, hand probing, or a mix; say where each is expected. The technical choice between methods is covered in our UT guide for metro and light rail systems.
• Stop-and-verify: require every suspect indication to be verified by hand on site before the crew leaves, unless the agency deliberately buys a continuous test with later field verification.
• Access: possession windows, power-down procedures, maximum crew size, escort and flagging the agency provides, and any tunnel requirements. Tunnel work has its own conditions; see tunnel rail inspection.

Deliverables

On FRA track, 213.241 requires records to be kept at least two years after the inspection and one year after the remedial action. Ask for the report fields in that form even on SSO-only track; it makes the report usable if the SSOA audits it.

Qualifications

• Where FRA applies: operators must be qualified under 49 CFR 213.238: a documented training program, at least 160 hours of supervised experience, written employer authorization, and periodic reevaluation with a recorded exam. FRA does not certify operators; the employer qualifies them.
• On all track: UT personnel certified under the bidder's written practice to ASNT's SNT-TC-1A (or ANSI/ASNT CP-189), with a named Level III responsible for procedures. SNT-TC-1A is a recommended practice, and the employer, not ASNT, certifies the technician.
• Experience: references from comparable transit or commuter track, including special trackwork and the agency's rail sections.

Insurance and roadway worker protection

• Insurance: state the limits your risk manager requires (commonly commercial general liability, automobile, workers' compensation and umbrella coverage). Where the work is on or near a freight railroad's track, that railroad usually sets its own entry and insurance requirements, which can include railroad protective liability cover. Don't guess the amounts; ask risk management and the host railroad.
• Roadway worker protection: Part 214 on FRA track; Part 671 on FTA-funded rail transit, which "does not apply to rail systems that are subject to the safety oversight of the Federal Railroad Administration" (671.1(b)); and SSOA rules such as CPUC GO 175-A in California. Require the bidder's on-track safety training records and say who provides the roadway worker in charge.

Red flags in a proposal

Sample scope of work outline

This outline is a template for a light-rail or heavy-rail agency on SSO-only track. Add the 213.237, 213.238 and 213.241 references wherever any segment is FRA track.

1. Purpose and jurisdiction. Internal rail flaw testing of the agency's mainline and special trackwork under the agency's track standard and PTASP; state any FRA or shared-use segments separately.
2. Limits. Lines, segments and milepost or chainage limits; track-miles by type; exclusions.
3. Frequency and schedule. Number of test cycles per year, target dates, and the latest acceptable completion date for each segment.
4. Method and coverage. Equipment type by segment; required probe angles to cover head, web and base; switch points, stock rails, heel blocks, closure rails and frog wing and heel rails; field welds.
5. Special trackwork. Turnout list with frog type; a test method for each component; visual and dye-penetrant checks of cast manganese frog bodies if the agency wants them.
6. Verification and marking. Stop-and-verify of every suspect; marking on both sides of web and base; immediate notice protocol and contacts.
7. Access and safety. Possession windows; power-down and verification; roadway worker protection rule; tunnel and confined-space conditions; crew size.
8. Personnel. Qualification and certification requirements; named Level III; key personnel substitution rules.
9. Deliverables. Field notices, daily logs, untested track list, final report, data files, qualification records; formats and turnaround times.
10. Retest. How untested stretches are retested, within what period, and at whose cost.
11. Payment. Unit prices per track-mile and per turnout, a price per possession shift, and a rate for cancelled possessions.
12. Quality. Calibration records, reference blocks, and the agency's right to witness testing.

Worked example: how many test shifts does a light-rail agency need?

Inputs (all hypothetical; replace them with your system's numbers):

• 22 route-miles of double track, so 44 track-miles of mainline
• 52 mainline turnouts
• 3-car trains every 7.5 minutes per direction for 19 hours a day, so 8 trains an hour
• Planning weight of 55 tons per loaded car (use your vehicle data)
• A nightly possession of 1:00 to 4:30 a.m., which is 210 minutes
• The agency's standard: mainline tested once a year, following APTA RT-FS-S-002-02 section 3.2

Step 1: does tonnage or the calendar drive the interval? Per track: 8 × 19 = 152 trains a day; 152 × 3 cars × 55 tons = 25,080 tons a day; × 365 = 9,154,200 tons, or about 9.2 MGT a year. Even if the agency adopted a 213.237-style "370 days or 30 MGT" rule, 30 MGT would take about 3.3 years to accumulate. On most light-rail track the calendar limit governs, not tonnage.

Step 2: productive time per shift. From the 210-minute window, subtract 30 minutes for power-down, verification and the job briefing, 15 minutes to travel to the work limits, and 30 minutes to clear and restore. That leaves 210 − 75 = 135 minutes (2.25 hours) of testing.

Step 3: mainline shifts. Assume a push-cart production rate of 1.2 track-miles per productive hour, including stop-and-verify. This is a planning assumption, so ask bidders to state their own. Per shift: 2.25 × 1.2 = 2.7 track-miles. Mainline: 44 ÷ 2.7 = 16.3, so 17 shifts.

Step 4: turnout shifts. Assume 40 minutes per turnout for switch points, stock rails, heel and closure rails, frog wing and heel rails, and welds. 52 × 40 = 2,080 minutes; 2,080 ÷ 135 = 15.4, so 16 shifts.

Step 5: contingency and calendar. 17 + 16 = 33 shifts. Add 10% for cancelled possessions, weather and retests of untested stretches: 33 × 1.1 = 36.3, so 37 shifts. At 4 nights a week, that is 37 ÷ 4 = 9.25, or about 10 weeks of night work.

What the example tells a buyer: turnouts take almost as many shifts as 44 miles of plain track, so an RFP that prices only track-miles hides about half the work. Possession overhead also matters: every 15 minutes saved on power-down and protection adds about 0.3 track-miles a shift (0.25 h × 1.2). Ask bidders to price per shift as well as per mile, so cancelled possessions are paid on a known basis.

How should agencies evaluate rail inspection proposals?

Weight the technical approach and personnel above price, and state the weights in the solicitation. If the contract uses FTA funds, FTA's Third-Party Contracting Guidance, Circular 4220.1G, applies. It replaced Circular 4220.1F (dated March 18, 2013) and became applicable on February 18, 2025, according to the Federal Register notice (90 FR 4838, January 16, 2025). The circular's own cover says January 17, 2025. For competitive proposals (requests for proposals), the circular says:

"All evaluation factors and their relative importance must be specified in the solicitation, but numerical or percentage ratings or weights need not be specified." — FTA Circular C 4220.1G, Third-Party Contracting Guidance, Chapter VI

The circular also allows a "best value" award if the solicitation says so, and notes that "FTA does not require any specific factors or analytic process." Above the simplified acquisition threshold, the agency must make independent estimates before receiving bids or proposals and must do a cost or price analysis under 2 CFR 200.324. Time-and-materials contracts are allowed only after a determination that no other contract type is suitable, and they need a ceiling price.

A typical scoring structure for rail flaw testing might look like the table below. These weights are an example, not an FTA requirement.

Hedge on procurement rules. Whether a contract uses qualifications-based selection (the Brooks Act procedures) depends on whether the services are related to construction. The circular says the nature of the services and their relationship to construction, not the kind of firm, decides it. Routine maintenance testing of existing track usually isn't procured that way, but testing bought as part of a construction project might be. State and local procurement law, and your agency's written procedures, apply as well. Check with your procurement counsel; this article is not legal advice.

What this guide, and rail flaw testing, can't do

• It doesn't decide your jurisdiction. Connections to the general system, shared-use waivers and host-railroad agreements are system-specific. Get the classification in writing from your safety department.
• No method finds every defect. Shelling, head checks and surface damage can mask internal defects from ultrasonic beams, which is why the untested-track list matters.
• Cast manganese frogs are hard to test. FRA research report RR 22-25 found that in-service examination of cast austenitic manganese frogs and diamonds uses only visual inspection, because the coarse-grained steel strongly attenuates ultrasound. Treat frog-body UT as a specialist or trial item; the rail-steel parts of a turnout (switch points, stock rails, wing and heel rails) can be tested conventionally.
• Rail flaw testing isn't a track inspection. It doesn't replace visual and geometry inspections, gage checks or switch inspections, which the agency's standard sets separately.
• Example weights and production rates aren't rules. The worked example and scoring table use planning numbers. Replace them with your own and with what bidders commit to.

How EMA Industries applies this

EMA Industries performs ultrasonic rail flaw testing for transit agencies, short lines and industrial track owners. We're based in Southern California and mobilize nationwide. Whoever you hire, an agency RFP should price track-miles, turnouts and possession shifts separately, and the report should list every stretch where a valid search couldn't be made. To scope a testing program or check an RFP draft, see our ultrasonic rail testing services or contact us.

Related reading: FRA track safety standards (Part 213) · Ultrasonic rail testing for metro and light rail systems · Tunnel rail inspection · Switch and crossing inspection

Frequently asked questions

Does FRA regulate light rail and subway track?

Only where it is connected to the general railroad system. Part 213 excludes track used only for urban rapid transit that isn't connected to that system (213.3(b)(3)). That track falls under FTA's state safety oversight program and the agency's own standards. Where light rail shares track with freight, FRA rules apply to the shared track unless FRA has granted a waiver.

Who is California's state safety oversight agency for rail transit?

The California Public Utilities Commission (CPUC). Its rail transit General Orders include GO 143-B for light rail, GO 164-F for state safety oversight and GO 175-A for roadway worker protection. GO 143-B section 14.05 uses Part 213's standards as a guideline for track maintenance and inspection intervals.

How often should a transit agency ultrasonically test its rail?

As often as the agency's adopted track standard requires. No federal regulation sets an interval for SSO-only transit track. APTA's track inspection standard calls for mainline ultrasonic testing at least once a year, and commuter rail on FRA track follows 213.237: 370 days or 30 MGT on most passenger track.

What qualifications should an RFP require for rail flaw testing?

Operators qualified under 49 CFR 213.238 wherever FRA applies, and UT personnel certified to the bidder's SNT-TC-1A or CP-189 written practice on all track, with a named Level III. Ask for the records, because neither FRA nor ASNT certifies individual operators under these schemes.

Should switch points and frogs be in the rail testing scope?

They should be listed as separate line items. Switch points, stock rails and the rail-steel parts of a frog can be tested by hand UT. Cast manganese frog bodies are hard to test ultrasonically and are normally inspected visually, so ask bidders to state their method for each.

Sources

• 49 CFR 213.3, Application, eCFR (read on Cornell LII, October 2026)
• 49 CFR 213.237, Inspection of rail, eCFR
• 49 CFR 213.238, Qualified operator, eCFR
• 49 CFR 213.241, Inspection records, eCFR
• 49 CFR Part 209, Appendix A, FRA jurisdiction policy, Cornell LII
• 49 CFR Part 211, Appendix A, shared use waivers, Cornell LII
• FRA policy statement on jurisdiction and shared use, 65 FR 42529 (July 10, 2000), Federal Register
• FRA and FTA joint statement on shared use, 65 FR 42526 (July 10, 2000), Federal Register
• 49 CFR Part 214, Railroad workplace safety, eCFR
• 49 CFR Part 671, Rail transit roadway worker protection, eCFR
• 49 CFR Part 673, Public Transportation Agency Safety Plans, eCFR
• 49 CFR Part 674, State Safety Oversight, eCFR
• CPUC General Order 143-B (light-rail transit), California Public Utilities Commission
• CPUC rail transit rules and regulations, California Public Utilities Commission
• APTA RT-FS-S-002-02, Rev. 1, Rail Transit Track Inspection and Maintenance (2017), American Public Transportation Association
• FTA notice of final Circular C 4220.1G, Third Party Contracting Guidance, 90 FR 4838 (January 16, 2025), Federal Register
• ASNT standards: SNT-TC-1A and CP-189, American Society for Nondestructive Testing
• FRA RR 22-25, ultrasonic inspection of special trackwork (2022), ROSA P