(a) This section restricts the operation of any railroad freight car that is—
- (1) More than 50 years old, measured from the date of original construction;
- (2) Equipped with any design or type component listed in appendix A to this part; or
- (3) Equipped with a Duryea underframe constructed before April 1, 1950, except for a caboose which is operated as the last car in a train.
- (b) A railroad may not place or continue in service a railroad freight car described in paragraph (a) of this section, except under conditions approved by the Federal Railroad Administrator.
(c) A railroad may petition the Administrator to continue in service a car described in paragraph (a) of this section. Each petition shall be
- (1) Be submitted not less than 90 days before the car is to be operated;
- (2) Be submitted; and
(3) State or describe the following:
- (i) The name and principal business address of the petitioning railroad.
- (ii) The name and address of the entity that controls the operation and maintenance of the car involved.
- (iii) The number, type, capacity, reporting marks, and car numbers of the cars, their condition, status, and age measured from the date of original construction.
- (iv) The design, type component, or other item that causes the car to be restricted.
- (v) The maximum load the cars would carry.
- (vi) The maximum speed at which the cars would be operated.
- (vii) That each car has been examined and found to be safe to operate under the conditions set forth in the petition.
- (viii) The territorial limits within which the cars are to be operated and the name of each railroad that will receive the cars in interchange.
[44 FR 77340, Dec. 31, 1979, as amended at 74 FR 25172, May 27, 2009]