49 CFR Part 241 — United States Locational Requirement for Dispatching of United States Rail Operations

PART 241—UNITED STATES LOCATIONAL REQUIREMENT FOR DISPATCHING OF UNITED STATES RAIL OPERATIONS Authority: 49 U.S.C. 20103, 20107, 21301, 21304, 21311; 28 U.S.C. 2461 note; 49 CFR 1.89. Source: 67 FR 75960, Dec. 10, 2002, unless otherwise noted. § 241.1 Purpose and scope. (a) The purpose of this part is to prevent railroad accidents and incidents, and consequent injuries, deaths, and property damage, that would result from improper dispatching of railroad operations in the United States by individuals located outside of the United States. (b) This part prohibits extraterritorial dispatching of railroad operations, conducting railroad operations that are extraterritorially dispatched, and allowing track to be used for such operations, subject to certain stated exceptions. This part does not restrict a railroad from adopting and enforcing additional or more stringent requirements not inconsistent with this part. § 241.3 Application and responsibility for compliance. (a) Except as provided in paragraph (b) of this section, this part applies to all railroads. (b) This part does not apply to— (1) A railroad that operates only on track inside an installation that is not part of the general railroad system of transportation; or (2) Rapid transit operations in an urban area that are not connected to the general railroad system of transportation. (c) Although the duties imposed by this part are generally stated in terms of a duty of a railroad, each person, including a contractor for a railroad, who performs a function covered by this part, shall perform that function in accordance with this part. § 241.5 Definitions. As used in this part: Administrator Dispatch (1) To perform a function that would be classified as a duty of a “dispatching service employee,” as that term is defined by the hours of service laws at 49 U.S.C. 21101(2), if the function were to be performed in the United States. For example, to dispatch (i) To control the movement of a train or other on-track equipment by the issuance of a written or verbal authority or permission affecting a railroad operation, or by establishing a route through the use of a railroad signal or train control system but not merely by aligning or realigning a switch; or (ii) To control the occupancy of a track by a roadway worker or stationary on-track equipment, or both; or (iii) To issue an authority for working limits to a roadway worker. (2) The term dispatch (i) Effecting implementation of a written or verbal authority or permission affecting a railroad operation or an authority or permission affecting a railroad operation or an authority for working limits to a roadway worker ( e.g., (ii) Operating a function of a signal system designed for use by those personnel. Dispatcher Emergency Employee Extraterritorial dispatcher Extraterritorial dispatching Fringe border dispatching FRA Movement of a train Occupancy of a track by a roadway worker or stationary on-track equipment or both Person Railroad (1) Commuter or other short-haul railroad passenger service in a metropolitan or suburban area and commuter railroad service that was operated by the Consolidated Rail Corporation on January 1, 1979; and (2) High speed ground transportation systems that connect metropolitan areas, without regard to whether those systems use new technologies not associated with traditional railroads; but does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation. Railroad contractor Railroad operation Roadway worker State United States Working limits [67 FR 75960, Dec. 10, 2002, as amended at 90 FR 28127, July 1, 2025] § 241.7 Waivers. (a) General. (2) (i) Each petition for waiver under this section shall be filed in the manner and contain the information required by part 211 of this chapter. (ii) Petitions seeking approval to conduct fringe border operations shall also comply with the requirements of paragraph (c) of this section. (iii) Petitioners not filing under paragraph (c) of this section should review the guidelines at 66 FR 63942 (Dec. 11, 2001), and frame their petitions to address the safety and security concerns articulated in the preamble, or contact the Office of the Chief Counsel, RCC-12, FRA, 1200 New Jersey Avenue, SE., Stop 10, Washington, DC 20590, for a copy of the guidelines. (3) If the Administrator finds that a waiver of compliance is in the public interest and is consistent with railroad safety, the Administrator may grant the waiver subject to any conditions that the Administrator deems necessary. (b) Special dispensation for existing extraterritorial dispatching. (2) If the waiver request is for an operation not listed in appendix A to this part, the waiver request must describe when the extraterritorial dispatching of the operation commenced and how the dispatching was authorized by regulations contained in 49 CFR part 241, revised as of October 1, 2002. FRA will notify the railroad if FRA determines that the operation was not permitted by the terms of those regulations. (c) Fringe border dispatching. (2) The railroad proposing to conduct the fringe border dispatching shall supply the following documents as part of the waiver request: (i) A description, by railroad division, applicable subdivision(s), and mileposts, of the line proposed to be dispatched; (ii) A copy of the operating rules of the railroad that would apply to the proposed fringe border dispatching, including hours of service limitations, and the railroad's program for testing the dispatchers in accordance with these operating rules and for ensuring that the dispatchers do not work in excess of the hours of service restrictions; (iii) A copy of the railroad's drug and alcohol abuse prevention program that applies to the fringe border dispatchers. The program shall, to the extent permitted by the laws of the country where the dispatching occurs, contain the following: (A) Preemployment drug testing; (B) A general prohibition on possession and use of alcohol and drugs while on duty; (C) Reasonable cause alcohol and drug testing; (D) A policy dealing with co-worker and self-reporting of alcohol and drug abuse problems; (E) Post-accident testing; and (F) Random drug testing; (iv) The steps the railroad has taken to ensure the security of the dispatch center where the fringe border dispatching will take place; (v) The railroad's plans for complying with the requirements of paragraph (c)(3) of this section; and (vi) A verification from a government agency in the country where the dispatching will occur that the agency has safety jurisdiction over the railroad and the proposed dispatching, and that the railroad's safety programs referenced in paragraphs (c)(2)(ii) and (iii) of this section meet the safety requirements established by the agency or, in the absence of established safety requirements, that the programs are satisfactory to the agency. (3) Except as otherwise approved by FRA, fringe border dispatching must comply with the following requirements: (i) The trackage in the United States being extraterritorially dispatched shall not exceed the following route miles, measured from the point that the trackage crosses the United States border: (A) For operations conducted pursuant to the regulations contained in 49 CFR part 241, revised as of October 1, 2002, the route miles shall be the miles normally operated by the railroad in conducting the operation; and (B) For all other operations, the route miles shall not exceed five miles. (ii) Except for unforeseen circumstances such as equipment failure, accident, casualty, or incapacitation of a crew member, each extraterritorially dispatched train shall be under the control of the same assigned crew for the entire trip over the extraterritorially dispatched trackage. (iii) The fringe border dispatcher shall communicate instructions to the train crew and maintenance of way employees working on the line in the English language and, when referencing units of measurement, shall use English units of measurement. (iv) The rail line shall be under the exclusive control of a single dispatching district or desk; and (v) The dispatching of the train shall be transferred from the fringe border dispatcher to a dispatcher located in the United States at one of the following locations within the mileage limits mandated in paragraph (c)(3)(i) of this section: (A) Interchange point; (B) Signal control point; (C) Junction of two rail lines; (D) Established crew change point; (E) Yard or yard limits location; (F) Inspection point for U.S. Customs, Immigration and Naturalization Service, Department of Agriculture, or other governmental inspection; or (G) Location where there is a change in the method of train operations. [67 FR 75960, Dec. 10, 2002, as amended at 74 FR 25175, May 27, 2009] § 241.9 Prohibition against extraterritorial dispatching; exceptions. (a) General. (b) Transitional period to continue existing extraterritorial dispatching. (c) Emergencies. (i) The dispatching railroad notifies the Safety Management Team Railroad Administrator, in writing as soon as practicable, of the emergency; and (ii) The extraterritorial dispatching is limited to the duration of the emergency. (2) Written notification must be made by electronic mail. (3) A list of the FRA Safety Management Teams and contact information is available at https://railroads.dot.gov/divisions/regional-offices/safety-management-teams. (d) Liability. [67 FR 75960, Dec. 10, 2002, as amended at 90 FR 28191, July 1, 2025] § 241.11 Prohibition against conducting a railroad operation dispatched by an extraterritorial dispatcher; exceptions. (a) General. (b) Transitional period to continue existing extraterritorial dispatching. (c) Emergencies. (i) The dispatching railroad notifies the Safety Management Team Railroad Administrator by email, as soon as practicable, of the emergency; and (ii) The extraterritorial dispatching is limited to the duration of the emergency. (2) A list of the FRA Safety Management Teams and contact information is available at https://railroads.dot.gov/divisions/regional-offices/safety-management-teams. (d) Liability. [67 FR 75960, Dec. 10, 2002, as amended at 90 FR 28192, July 1, 2025] § 241.13 Prohibition against track owner's requiring or permitting use of its line for a railroad operation dispatched by an extraterritorial dispatcher; exceptions. (a) General. (b) Transitional period to continue existing extraterritorial dispatching. (c) Emergencies. (1) The dispatching railroad notifies the Safety Management Team Railroad Administrator, in writing as soon as practicable, of the emergency; and (2) The extraterritorial dispatching is limited to the duration of the emergency. Written notification may be made either on paper or by electronic mail. (d) Liability. [67 FR 75960, Dec. 10, 2002, as amended at 90 FR 28192, July 1, 2025] § 241.15 Penalties and other consequences for noncompliance. (a) Any person who violates any requirement of this part or causes the violation of any such requirement is subject to a civil penalty of at least the minimum civil monetary penalty and not more than the ordinary maximum civil monetary penalty per violation. However, penalties may be assessed against individuals only for willful violations, and a penalty not to exceed the aggravated maximum civil monetary penalty per violation may be assessed, where a grossly negligent violation, or a pattern of repeated violations, has created an imminent hazard of death or injury to persons; or a death or injury has occurred. See 49 CFR part 209, appendix A. Each day a violation continues shall constitute a separate offense. See FRA's website at https://railroads.dot.gov/ (b) An individual who violates any requirement of this part or causes the violation of any such requirement may be subject to disqualification from safety-sensitive service in accordance with part 209 of this chapter. (c) A person who knowingly and willfully falsifies a record or report required by this part may be subject to criminal penalties under 49 U.S.C. 21311. [67 FR 75960, Dec. 10, 2002, as amended at 69 FR 30595, May 28, 2004; 72 FR 51198, Sept. 6, 2007; 73 FR 79704, Dec. 30, 2008; 77 FR 24423, Apr. 24, 2012; 81 FR 43112, July 1, 2016; 82 FR 16135, Apr. 3, 2017; 83 FR 60750, Nov. 27, 2018; 84 FR 37075, July 31, 2019; 86 FR 1760, Jan. 11, 2021; 86 FR 23256, May 3, 2021; 87 FR 15870, Mar. 21, 2022; 88 FR 1129, Jan. 6, 2023; 88 FR 89564, Dec. 28, 2023; 89 FR 106297, Dec. 30, 2024; 90 FR 28192, July 1, 2025] § 241.17 Preemptive effect. Under 49 U.S.C. 20106, the regulations in this part preempt any State law, regulation, or order covering the same subject matter, except an additional or more stringent law, regulation, or order that is necessary to eliminate or reduce an essentially local safety hazard; is not incompatible with a law, regulation, or order of the United States Government; and does not impose an unreasonable burden on interstate commerce. Appendix A to Part 241—List of Lines Being Extraterritorially Dispatched in Accordance With the Regulations Contained in 49 CFR Part 241, Revised as of October 1, 2002 Description of United States track segment being extraterritorially dispatched Length of United States' track segment Railroad conducting the dispatching Maine: Between Vanceboro, Maine and Brownville Junction, Maine 99 miles Eastern Maine Ry. Co. Michigan: U.S. trackage between Windsor, Ontario, and Detroit, Michigan 1.8 miles Canadian Pacific Railway Company. U.S. trackage between Sarnia, Ontario, and Port Huron, Michigan 3.1 miles Canadian National Railway Company (CN). Minnesota: Sprague Subdivision, between Baudette, Minnesota, and International Boundary, Minnesota 43.8 miles CN.

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