(a) Railroads without an ENS of any kind. If a railroad subject to this subpart does not have an ENS of any kind in place on August 13, 2012, the railroad shall implement an ENS that conforms to this subpart no later than September 1, 2015.

(b) Railroads with nonconforming ENS telephone service. If a railroad subject to this subpart already has its own ENS telephone service or is using a third-party ENS telephone service, and that telephone service does not conform to the requirements in §234.303 or §234.307, respectively, on August 13, 2012, the railroad shall comply with this subpart no later than March 1, 2014, pursuant to the exceptions in paragraphs (c), (d), and (e) of §234.317.

(c) Railroads with ENS signs of nonconforming size.

(1) If a railroad subject to this subpart already has ENS signs in place, and those signs do not conform to the requirements in §234.309 on August 13, 2012, the railroad's ENS signs shall conform to §234.309 no later than as required below:

(i) If the railroad's sign size is greater than or equal to 60 square inches and the height of the lettering on the sign is greater than or equal to 3⁄4 inch for the information required in §234.309(b)(1) and (b)(3), and greater than or equal to 3⁄8 inch for the information required in §234.309(b)(2) on August 13, 2012, the railroad may maintain the sign for its useful life.

(ii) If the railroad's sign size is greater than or equal to 60 square inches but the height of the lettering is either less than 3⁄4 inch for the information required in §234.309(b)(1) and (b)(3), or less than 3⁄8 inch for the information required in §234.309(b)(2) on August 13, 2012, the railroad's sign must conform to §234.309 no later than September 1, 2017.

(iii) If the railroad's sign size is less than 60 square inches, regardless of the height of the lettering for the information required in §234.309(b), on August 13, 2012, the railroad's sign must conform to §234.309 no later than September 1, 2015.

(2) If the railroad chooses to replace an ENS sign of non-conforming size before the applicable compliance date stated, the railroad shall replace that sign with a sign that conforms to §234.309.

(d) Railroads with ENS signs having nonconforming placement. If a railroad subject to this subpart already has ENS signs in place, and the placement of those signs does not conform to the requirements in §234.311 on August 13, 2012, the placement of the railroad's ENS signs shall conform to §234.311 no later than September 1, 2017. If a railroad changes the placement of the sign before September 1, 2017, the placement of the sign must conform to §234.311. If a railroad replaces a sign before September 1, 2017, so that the sign conforms to §234.309, and the placement of that sign does not conform to §234.311, the railroad shall also change the placement of the sign so that it conforms to §234.311.

(e) Railroads with nonconforming ENS recordkeeping. If a railroad subject to this subpart already conducts recordkeeping as part of its ENS, and that recordkeeping does not conform to §234.313 or §234.315, the railroad's recordkeeping shall conform to §234.313 or §234.315 no later than March 1, 2014.

[77 FR 35191, June 12, 2012, as amended at 78 FR 16423, Mar. 15, 2013]