Appendix D to Part 230 - Civil Penalty Schedule


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  • Appendix D to Part 230 - Civil Penalty Schedule

    Section Violation Willful
    violation
    Subpart A - General
    230.11 Repair of non-complying conditions:
    (a) Failure to repair non-complying steam locomotive prior to use in service $1,000 $2,500
    (b) Failure of owner and/or operator to approve repairs made prior to use of steam locomotive 1,000 1,500
    230.12 Movement of non-complying steam locomotive: (1) (1)
    230.13 Daily inspection:
    (a) (b):
    (1) Inspection overdue 1,500 3,000
    (2) Inspection not performed by qualified person 1,000 1,500
    (c) Inspection report not made, improperly executed or not retained 1,000 1,500
    230.14 Thirty-one service day inspection:
    (a):
    (1) Inspection overdue 1,500 3,000
    (2) Inspection not performed by qualified person
    (b) Failure to notify FRA 1,000 1,500
    (c) Inspection report not made, improperly executed, not properly filed 1,000 1,500
    230.15 Ninety-two service day inspection:
    (a):
    (1) Inspection overdue 1,500 3,000
    (2) Inspection not performed by qualified person 1,000 1,500
    (b) Inspection report not made, improperly executed, not properly filed 1,000 1,500
    230.16 Annual inspection:
    (a):
    (1) Inspection overdue 1,500 3,000
    (2) Inspection not performed by qualified person 1,000 1,500
    (b) Failure to notify FRA 1,000 1,500
    (c) Inspection report not made, improperly executed, not properly filed 1,000 1,500
    230.17 One thousand four hundred seventy-two service day inspection:
    (a):
    (1) Inspection overdue 1,500 3,000
    (2) Inspection not performed by qualified person 1,250 2,000
    (b) Inspection report not made, improperly executed, not properly maintained, not properly filed 1,000 1,500
    230.18 Service days:
    (a) Service day record not available for inspection 1,000 1,500
    (b) Failure to file service day report with FRA Regional Administrator 1,000 1,500
    (c) Failure to complete all 1,472 service day inspection items prior to returning retired steam locomotive to service 1,500 3,000
    230.19 Posting of forms:
    (a) FRA Form No. 1:
    (1) FRA Form No. 1 not properly filled out 1,000 1,500
    (2) FRA Form No. 1 not properly displayed 1,000 1,500
    (b) FRA Form No. 3:
    (1) FRA Form No. 3 not properly filled out 1,000 1,500
    (2) FRA Form No. 3 not properly displayed 1,000 1,500
    230.20 Alteration and repair reports:
    (a) Alterations:
    (1) Failure to properly file FRA Form No. 19 with FRA Regional Administrator 1,000 1,500
    (2) FRA Form No. 19 not properly filled out 1,000 1,500
    (3) FRA Form No. 19 not properly maintained 1,000 1,500
    (b) Repairs to unstayed portions of the boiler:
    (1) FRA Form No. 19 not properly filled out 1,000 1,500
    (2) FRA Form No. 19 not properly maintained 1,000 1,500
    (c) Repairs to stayed portions of the boiler:
    (1) FRA Form No. 19 not properly filled out 1,000 1,500
    (2) FRA Form No. 19 not properly maintained 1,000 1,500
    230.21 Failure to properly document steam locomotive number Change 1,000 1,500
    Subpart B - Boilers and Appurtenances
    230.22 Failure to properly report accident resulting from failure of steam locomotive boiler or part or appurtenance thereof 1,500 2,500
    230.23 Responsibility for general construction and safe working pressure:
    (a) Failure to properly establish safe working pressure for steam locomotive boiler 5,000 10,000
    (b) Placing steam locomotive in service before safe working pressure for boiler has been established 5,000 10,000
    230.24 Maximum allowable stress values on boiler components:
    (a) Use of materials not of sufficient tensile strength 1,000 2,000
    (b) Use of a safety factor value of less than 4 when using the code of original construction in boiler calculations 2,000 4,000
    230.25 Maximum allowable stresses on stays and braces:
    (a) Exceeding allowable stress values on fire box and/or combustion chamber 1,000 2,000
    (b) Exceeding allowable stress values on round, rectangular or gusset braces 1,000 2,000
    230.29 Inspection and repair:
    (a):
    (1) Failure of owner and/or operator to inspect and repair any steam locomotive boiler and/or appurtenance under control thereof 1,500 3,000
    (2) Failure to remove steam locomotive from service when considered necessary to do so 2,500 5,000
    (b):
    (1) Failure of perform repairs in accordance with accepted industry standards 2,000 4,000
    (2) Owner and/or operator returning steam locomotive boiler and/or appurtenances to service before they are in good condition and safe and suitable for service 2,000 4,000
    230.30 Lap-joint seam boilers, Failure to properly inspect 2,000 4,000
    230.31 Flues to be removed:
    (a):
    (1) Failure to remove all flues when inspecting boiler 1,500 3,000
    (2) Failure to enter boiler and clean and inspect 1,500 3,000
    (b) Failure to remove superheater flues when deemed necessary to do so 1,000 2,000
    230.32 Time and method of inspection:
    (a) Failure to perform 1,472 service day inspection when required to do so 1,500 3,000
    (b) Failure to properly inspect boiler during 1,472 service day inspection 1,500 3,000
    230.33 Welded repairs and alterations:
    (a) Failure to obtain permission before welding on unstayed portions of boiler containing alloy or carbon steel with carbon content over .25 percent carbon 1,500 3,000
    (b) Failure to perform welding on unstayed portions of boiler containing carbon steel not exceeding .25 percent carbon in accordance with a nationally accepted standard for boiler repairs 1,500 3,000
    (c):
    (1) Failure to submit written request for approval before performing weld buildup on wasted areas of unstayed boiler surfaces that exceed 100 square inches or the smaller of 25 percent of minimum required wall thickness or 12 inch 1,500 3,000
    (2) Repairing wasted sheets 1,500 3,000
    230.34 Riveted repairs and alterations:
    (a) Failure to obtain approval before making riveted alterations on unstayed portions of the boiler; failure to do riveting in accordance with established railroad practices or accepted national standards for boiler repairs 1,500 3,000
    (b) Failure to perform riveted repairs on unstayed boiler portions in accordance with established railroad practices or accepted national standards for boiler repairs 1,500 3,000
    (c) Failure to perform riveted repairs on stayed boiler portions in accordance with established railroad practices or accepted national standards for boiler repairs 1,000 2,000
    230.35 Failure to raise temperature of steam locomotive boiler to 70 degrees F. before applying hydrostatic pressure to the boiler 1,000 2,000
    230.36 Hydrostatic testing of boilers:
    (a) Failure to perform hydrostatic test of boiler as required 1,500 3,000
    (b) Failure to properly perform hydrostatic test 1,500 3,000
    (c) Failure to properly inspect boiler after conducting hydrostatic test above MAWP 1,500 3,000
    230.37 Failure to perform proper steam test or inspection of boiler after completion of repair or alteration to boiler 1,000 2,000
    230.38 Telltale holes:
    (a) Failure to have telltale holes as required in staybolts 1,000 2,000
    (b) Failure to have proper telltale holes in reduced body staybolts 1,000 2,000
    (c) Failure to keep telltales holes when so required 1,000 2,000
    230.39 Broken staybolts:
    (a) Boiler in service with excess number of broken staybolts 1,500 3,000
    (b) Failure to replace staybolts when required to do so; to properly replace staybolts when so required; to inspect adjacent staybolts when replacing broken staybolts 1,500 3,000
    (c) Failure to count leaking, plugged, or missing telltale holes as broken staybolts 1,500 3,000
    (d) Closing telltale holes by prohibited means 1,500 3,000
    230.40 Time and method of staybolt testing:
    (a) Failure to hammer test staybolts when so required 1,000 2,000
    (b) Failure to properly hammer test staybolts 1,000 2,000
    230.41 Flexible staybolts with caps:
    (a) Failure to inspect flexible staybolts as required 1,000 2,000
    (b) Failure to replace broken flexible staybolts; failure to close inner ends of telltale holes as required 1,000 2,000
    (c) Failure to report removal of flexible staybolts caps and other tests on FRA Form No. 3 when so required 1,000 2,000
    (d) Failure to remove staybolt caps or otherwise test when FRA inspector or steam locomotive owner and/or operator consider it necessary to do so 1,000 2,000
    230.42 Failure to have accurate boiler steam gauge where engine crew can conveniently read 2,000 4,000
    230.43 Failure to have gauge siphon of proper capacity on steam gauge supply pipe; failure to properly clean, maintain the steam gauge supply pipe 1,000 2,000
    230.44 Failure to test steam gauge when so required 1,000 2,000
    230.45 Failure to properly test and/or set steam gauge 1,000 2,000
    230.46 Failure to attach to boiler backhead metal badge plate showing allowable steam pressure 1,000 1,500
    230.47 Boiler Number:
    (a) (b) (c) Failure to stamp builder's number on boiler when number is known 1,000 1,500
    230.48 Number and capacity of safety relief valves:
    (a) Failure to equip steam locomotive boiler with proper safety relief valves 2,500 5,000
    (b) Failure to provide additional safety relief valve capacity when so required 3,000 6,000
    230.49 Setting of safety relief valves:
    (a) Safety relief valve(s) set and/or adjusted by person not competent to do so 2,500 5,000
    (b) Safety relief valve(s) not set to open at prescribed pressure(s) 2,500 5,000
    (c) Safety relief valve(s) not properly set 3,000 6,000
    (d) Set pressure of lowest safety relief valve not properly indicated 1,000 2,000
    230.50 Failure to test and adjust safety relief valves when required to do so 1,500 3,000
    230.51 Failure to equip steam locomotive boiler with at least 2 properly installed water glasses 1,000 2,000
    230.52 Failure to properly equip water glasses 2,000 4,000
    230.53 Failure to properly clean water glass valves and/or gauge cocks when required to do so 1,000 2,000
    230.54 Testing and maintenance:
    (a) Failure to properly test water glasses and/or gauge cocks 1,000 2,000
    (b) Failure to properly maintain gauge cocks, water column drain valves, and/or water glass valves 1,500 3,000
    230.55 Tubular type water and lubricator glasses and shields:
    (a) Failure to renew tubular type water glasses as required 1,000 2,000
    (b) Failure to properly shield tubular water glasses and/or lubricator glasses 1,000 2,000
    (c) Failure to properly locate and/or maintain water glasses and/or water glass shields 1,000 2,000
    230.56 Failure to equip water glass with suitable lamp 1,000 2,000
    230.57 Injectors and feedwater pumps:
    (a) Failure to equip steam locomotive with proper means for delivering water to the boiler 3,000 6,000
    (b) Failure to properly test and/or maintain injectors, feedwater pumps, boiler checks, delivery pipes, feed water pipes, tank hose, tank valves 2,500 5,000
    (c) Failure to properly brace injectors, feedwater pumps, and/or associated piping 1,000 2,000
    230.58 Flue plugs:
    (a) Plugging flue plugs when not otherwise permitted 1,000 2,000
    (b) Improperly plugging flue plugs, when otherwise permitted 1,000 2,000
    230.59 Failure to remove and properly clean fusible boiler plugs when required to do so; failure to properly note removal 1,500 3,000
    230.60 Time of washing:
    (a) Failure to thoroughly wash boiler when required to do so 1,000 2,000
    (b) Failure to remove washout plugs, arch tube plugs, thermic siphon plugs, circulator plugs, water bar plugs when washing locomotive boiler 1,500 3,000
    (c) Failure to examine and/or properly maintain washout plugs washout plug sleeves, threaded openings 1,500 3,000
    (d) Failure to clean fusible plugs when required to do so 1,500 3,000
    230.61 Arch tubes, water bar tubes, circulators and thermic siphons:
    (a) Failure to clean, wash, inspect arch tubes, water bar tubes, circulators and thermic siphons as required 1,000 2,000
    (b) Failure to renew arch tubes, water bar tubes; failure to repair or renew circulators, thermic siphons when required 1,500 3,000
    (c) Failure to properly inspect and/or replace as necessary arch tubes, water bar tubes, circulators 1,500 3,000
    230.62 Failure to properly inspect and/or repair or replace as necessary dry pipes subject to pressure 2,500 5,000
    230.63 Failure to properly inspect smoke box, steam pipes, pressure parts when required to do so 1,500 3,000
    230.64 Failure to remove from service steam locomotive boiler leaking under lagging from condition which may reduce safety and/or repair the boiler before returning to service 1,500 3,000
    230.65 Failure to keep steam locomotive boiler, piping, appurtenances in repair so steam does not obscure vision 1,000 2,000
    230.66 Failure to properly oversee general design, construction, maintenance of steam locomotive(s) and tender(s) 1,000 2,000
    230.67 Failure to ensure all steam locomotives and tenders are properly inspected and repaired and/or all defects are properly repaired and steam locomotive and/or tender are in good condition, safe and suitable for service before being returned to service 2,500 5,000
    230.68 Failure to equip steam locomotive that operates in excess of 20 miles per hour over the general system with speed indicator maintained to ensure accurate functioning 1,000 1,500
    230.69 Failure to equip steam locomotive with properly supported ash pan with operating mechanism that may be safely operated and securely closed 1,000 2,000
    230.70 Safe condition:
    (a) Failure to perform proper pre-departure inspection when so required 1,000 2,000
    (b) Failure to properly equip steam locomotive with brake pipe valve clearly identified as “Emergency Brake Valve” 1,000 2,000
    230.71 Orifice testing of air compressors:
    (a)(b):
    Failure to properly test and/or maintain air compressor(s) capacity 1,000 2,000
    230.72 Testing main reservoirs:
    (a) Failure to properly test main reservoir(s) when required 1,000 2,000
    (b) Impermissibly or improperly drilling main reservoir 1,000 2,000
    (c) Impermissibly using NDE method to measure wall thickness of main reservoir 1,000 2,000
    (d) Failure to use appropriate method of NDE testing of wall thickness of welded or riveted longitudinal lap seam main reservoir(s); failure to withdraw main reservoir(s) from service when testing reveals insufficient wall thickness 1,500 3,000
    230.73 Air gauges:
    (a) Failure to equip steam locomotive with properly located air gauge(s) that are no more than 3 psi in error 1,000 1,500
    (b) Failure to test air gauge(s) when so required 1,000 1,500
    (c) Failure to properly test air gauge(s) 1,000 1,500
    230.74 Failure to properly clean and/or test all air brake valves, related dirt collectors, filters when required to do so 1,000 1,500
    230.75 Failure to properly stencil or display date of testing and cleaning and initials of shop or station performing work 1,000 1,500
    230.76 Piston travel:
    (a) Insufficient minimum piston travel 1,000 1,500
    (b) Excessive piston travel when steam locomotive is stationary 1,000 2,000
    230.77 Foundation brake gear:
    (a) Failure to properly maintain foundation brake gear 1,000 2,000
    (b) Foundation brake gear less than 2.5 inches above rail 1,000 2,000
    230.78 Leakage:
    (a):
    (1) Failure to test for leakage from main reservoir or related piping as required 1,000 1,500
    (2) Failure to repair excessive leakage from main reservoir or related piping leakage 1,000 2,000
    (b) Failure to test for brake cylinder as required 1,000 1,500
    (c):
    (1) Failure to test for leakage from steam locomotive brake pipe as required 1,000 2,000
    (2) Failure to repair excessive brake pipe leakage 1,000 2,000
    230.79 Train signal system:
    (1) Failure to test the train signal system or other form of on-board communication as required 1,000 1,500
    (2) Failure to repair train signal system or other on-board communication when not safe or suitable for service 1,000 1,500
    230.80 Cabs:
    (a) Steam locomotive cab not safe and suitable for service 1,000 2,000
    (b) Steam pipes: Construction, attachment 1,000 2,000
    (c) Oil-burning steam locomotive, cab-enclosed 1,000 1,500
    230.81 Cab aprons:
    (a) Cab apron, general provisions 1,000 1,500
    (b) Cab apron, insufficient width 1,000 1,500
    230.82 Fire doors:
    (a) Safe and suitable for service, general provisions 1,000 2,000
    (b) Construction and maintenance of mechanically operated fire doors 1,000 2,000
    (c) Construction and maintenance of hand-operated fire doors 1,000 2,000
    230.83 Cylinder cocks:
    (1) Failure to properly equip with cylinder cocks 1,000 1,500
    (2) Failure to properly maintain cylinder cocks 1,000 1,500
    230.84 Sanders:
    (1) Inoperable sanders 1,000 1,500
    (2) Failure to test sanders 1,000 1,500
    230.85 Audible warning devices:
    (a) General provisions 1,000 1,500
    (b) Sound level measurements, Failure to properly take 1,000 1,500
    230.86 Required illumination:
    (a) General provisions 1,000 1,500
    (b) Dimming device, Failure to properly equip with 1,000 1,500
    (c) Multiple locomotives, Failure of lead locomotive to display headlight 1,000 1,500
    230.87 Cab lights: Failure to properly equip with 1,000 2,000
    230.88 Throttles: Failure to properly maintain, equip 1,000 2,000
    230.89 Reverse gear:
    (a) General provisions 1,000 2,000
    (b) Air-operated power reverse gear 1,000 2,000
    (c) Power reverse gear reservoirs 1,000 2,000
    230.90 Draw gear and draft systems:
    (a) Maintenance and testing 1,000 1,500
    (b) Safety bars and chains, general 1,000 1,500
    (c) Safety bars and chains, minimum length 1,000 1,500
    (d) Lost motion between steam locomotive and tender 1,000 1,500
    (e) Spring buffers: Improper application, compression 1,000 1,500
    230.91 Chafing irons: Improper application, maintenance 1,000 1,500
    230.92 Draw gear, draft systems: Improperly maintained, fastened 1,000 1,500
    230.93 Pistons and piston rods:
    (a) Failure to properly inspect, maintain, renew 1,000 2,000
    (b) Fasteners: Failure to keep tight, properly equip 1,000 2,000
    230.94 Crossheads: Improperly maintained, excess clearance 1,000 2,000
    230.95 Guides: Failure to securely fasten, properly maintain 1,000 2,000
    230.96 Main, side, valve motion rods:
    (a) General 1,000 2,000
    (b) Repairs
    (1) Failure to make in accordance with accepted national standard 1,000 2,000
    (2) Failure to submit written request for approval prior to welding 1,000 2,000
    (c) Bearings and bushings 1,000 1,500
    (d) Rod side motion: Excessive motion 1,000 1,500
    (e) Oil, grease cups: Failure to securely fasten, properly equip 1,000 1,500
    (f) Main rod bearings:
    (1) excessive bore 1,000 1,500
    (2) excessive lost motion 1,000 1,500
    (g) Side rod bearings, excessive bore 1,000 1,500
    230.97 Crank pins:
    (a) General provisions 1,000 2,000
    (b) Maintenance: Failure to maintain in safe, suitable condition 1,000 2,000
    230.98 Driving, trailing, engine truck axles:
    (a) Condemning defects 1,000 2,000
    (b) Journal diameter: Failure to stamp on end of axle 750 1,000
    230.99 Tender truck axle: Insufficient diameter 1,000 2,000
    230.100 Defects in tender truck axles and journals:
    (a) Tender truck axle condemning defects 1,000 2,000
    (b) Tender truck journal condemning defects 1,000 2,000
    230.101 Steam locomotive driving journal boxes:
    (a) Driving journal boxes: Failure to properly maintain 1,000 2,000
    (b) Broken bearings: Failure to renew 1,000 2,000
    (c) Loose bearings: Failure to repair or renew 1,000 2,000
    230.102 Tender plain bearing journal boxes: Failure to repair 1,000 1,500
    230.103 Tender roller bearing journal boxes: Failure to properly maintain 1,000 1,500
    230.104 Driving box shoes and wedges: Failure to properly maintain 1,000 1,500
    230.105 Lateral motion:
    (a) Condemning limits: Total lateral motion in excess of 1,000 1,500
    (b) Limits exceeded, failure to demonstrate conditions require additional lateral motion 1,000 1,500
    (c) Interferes with other parts of steam locomotive 1,000 1,500
    230.106 Steam locomotive frame:
    (a) Failure to properly inspect and/or maintain 1,000 2,000
    (b) Broken frames, not properly patched or secured 2,500 5,000
    230.107 Tender frame and body:
    (a) Failure to properly maintain 1,000 1,500
    (b) Height difference between tender deck and steam locomotive cab floor or deck excessive 1,000 1,500
    (c) Gangway minimum width excessive 1,000 1,500
    (d) Tender frame condemning defects 1,500 3,000
    230.108 Steam locomotive leading and trailing trucks:
    (a) Failure to properly maintain 1,000 1,500
    (b) Safety chain, suitable safety chain not provided 1,000 1,500
    (c) Insufficient truck clearance 1,000 2,000
    230.109 Tender trucks:
    (a):
    (1) Tender truck frames 1,000 2,000
    (2) Tender truck center plate 1,000 2,000
    (b) Tender truck bolsters: Failure to properly maintain 1,500 3,000
    (c) Condemning defects, springs and/or spring rigging 1,000 2,000
    (d) Truck securing arrangement: Not properly maintained 1,000 1,500
    (e) Side bearings, truck centering devices 1,000 2,000
    (f) Friction side bearings: Run in contact 1,000 2,000
    (g):
    (1) Side bearings, failure to equip rear trucks with 1,000 2,000
    (2) Insufficient clearance of 1,000 2,000
    230.110 Pilots:
    (a) General provisions 1,000 1,500
    (b) Clearance, insufficient or excessive 1,000 1,500
    230.111 Spring rigging:
    (a) Arrangement of springs and equalizers 1,000 2,000
    (b) Spring or spring rigging condemning defects 1,000 2,000
    230.112 Wheels and tires:
    (a) Improperly Mounted, excess variance in axle diameter 1,500 3,000
    (b) Out of gage 1,000 2,000
    (c) Flange distance variance, excessive 1,000 2,000
    (d) Tire thickness, insufficient 1,000 2,000
    (e) Tire width, insufficient 1,000 2,000
    230.113 Wheels and tire defects:
    (1) Failure to repair 1,000 2,000
    (2) Welding on, except as otherwise provided for 1,500 3,000
    (a) Cracks or breaks in 1,000 2,000
    (b) Flat spots 1,000 2,000
    (c) Chipped flange 1,000 2,000
    (d) Broken rim 1,000 2,000
    (e) Shelled-out spots 1,000 2,000
    (f) Seams 1,000 2,000
    (g) Worn flanges, excessive wear 1,000 2,000
    (h) Worn treads, excessive wear 1,000 2,000
    (i) Flange height, insufficient or excessive 1,000 2,000
    (j) Rim thickness, insufficient 1,000 2,000
    (k) Wheel diameter, excessive variance 1,000 2,000
    230.114 Wheel centers:
    (a) Filling blocks and shims 1,000 2,000
    (b) Wheel center condemning limits, failure to repair 1,000 2,000
    (c) Wheel center repairs 1,000 2,000
    (d) Counterbalance maintenance 1,000 2,000
    230.115 Feed water tanks:
    (a) General provisions 1,000 2,000
    (b) Inspection frequency, failure to inspect as required 1,000 1,500
    (c) Top of tender: Improperly maintained and/or equipped 1,000 1,500
    230.116 Oil tanks:
    (1) Failure to properly maintain 2,500 5,000
    (2) Failure to equip with complying safety cut-off device 5,000 7,500