[Federal Register: January 13, 2009 (Volume 74, Number 8)]
[Rules and Regulations]
[Page 1605-1607]
[DOCID:fr13ja09-7]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 213

[Docket No. FRA-2008-0158]

Policy on the Safety of Railroad Bridges

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Amendment to Final Statement of Agency Policy.

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SUMMARY: FRA is amending its statement of agency policy on the safety
of railroad bridges. The policy outlines suggested criteria for
railroads to use to ensure the structural integrity of bridges that
carry railroad tracks. This amendment adds provisions that will guide
railroads in developing their own implementing programs that will
ensure conformity with the provisions of this policy.

DATES: Effective Date: This amendment to the statement of policy is
effective February 12, 2009.

FOR FURTHER INFORMATION CONTACT: Gordon A. Davids, P.E., Bridge
Engineer, Office of Safety Assurance and Compliance, Federal Railroad
Administration, 1200 New Jersey Avenue, SE., Mail Stop 25, Washington,
DC 20590 (Telephone:<PHONE_NUMBER>), or Sarah Grimmer Yurasko, Trial
Attorney, Office of Chief Counsel, Federal Railroad Administration,
1200 New Jersey Avenue, SE., Mail Stop 10, Washington, DC 20590
(Telephone<PHONE_NUMBER>).

SUPPLEMENTARY INFORMATION: FRA published its ``Statement of Agency
Policy on the Safety of Railroad Bridges'' (``Policy'') on August 30,
2000 (65 FR 52667). The Policy Statement, included in the Federal Track
Safety Standards (Title 49, Code of Federal Regulations, Part 213) as
Appendix C, includes non-regulatory guidelines based on good practices
which were prevalent in the railroad industry at the time the Policy
was issued. This notice amends those guidelines by

incorporating changes proposed by the Rail Safety Advisory Committee
(RSAC) on September 10, 2008.

Railroad Safety Advisory Committee (RSAC) Overview

    In March 1996, FRA established RSAC, which provides a forum for
developing consensus recommendations to FRA's Administrator on
rulemakings and other safety program issues. The RSAC includes
representation from all of the agency's major customer groups,
including railroads, labor organizations, suppliers and manufacturers,
and other interested parties. A list of RSAC members follows:

American Association of Private Railroad Car Owners (AARPCO);
American Association of State Highway & Transportation Officials
(AASHTO);
American Chemistry Council;
American Petrochemical Institute;
American Public Transportation Association (APTA);
American Short Line and Regional Railroad Association (ASLRRA);
American Train Dispatchers Association (ATDA);
Association of American Railroads (AAR);
Association of Railway Museums (ARM);
Association of State Rail Safety Managers (ASRSM);
Brotherhood of Locomotive Engineers and Trainmen (BLET);
Brotherhood of Maintenance of Way Employees Division (BMWED);
Brotherhood of Railroad Signalmen (BRS);
Chlorine Institute;
Federal Transit Administration (FTA)*;
Fertilizer Institute;
High Speed Ground Transportation Association (HSGTA);
Institute of Makers of Explosives;
International Association of Machinists and Aerospace Workers;
International Brotherhood of Electrical Workers (IBEW);
Labor Council for Latin American Advancement (LCLAA)*;
League of Railway Industry Women*;
National Association of Railroad Passengers (NARP);
National Association of Railway Business Women*;
National Conference of Firemen & Oilers;
National Railroad Construction and Maintenance Association;
National Railroad Passenger Corporation (Amtrak);
National Transportation Safety Board (NTSB)*;
Railway Supply Institute (RSI);
Safe Travel America (STA);
Secretaria de Comunicaciones y Transporte*;
Sheet Metal Workers International Association (SMWIA);
Tourist Railway Association Inc.;
Transport Canada*;
Transport Workers Union of America (TWU);
Transportation Communications International Union/BRC (TCIU/BRC);
Transportation Security Administration (TSA); and
United Transportation Union (UTU).
*Indicates associate, non-voting membership.

    When appropriate, FRA assigns a task to RSAC, and after
consideration and debate, RSAC may accept or reject the task. If the
task is accepted, RSAC establishes a working group that possesses the
appropriate expertise and representation of interests to develop
recommendations to FRA for action on the task. These recommendations
are developed by consensus. A working group may establish one or more
task forces to develop facts and options on a particular aspect of a
given task. The task force then provides that information to the
working group for consideration. If a working group comes to unanimous
consensus on recommendations for action, the package is presented to
the full RSAC for a vote. If the proposal is accepted by a simple
majority of RSAC, the proposal is formally recommended to FRA. FRA then
determines what action to take on the recommendation. Because FRA staff
play an active role at the working group level in discussing the issues
and options and in drafting the language of the consensus proposal, FRA
is often favorably inclined toward the RSAC recommendation. However,
FRA is in no way bound to follow the recommendation, and the agency
exercises its independent judgment on whether the recommended rule
achieves the agency's regulatory goal, is soundly supported, and is in
accordance with policy and legal requirements. Often, FRA varies in
some respects from the RSAC recommendation in developing the actual
regulatory proposal or final rule. Any such variations would be noted
and explained in the rulemaking document issued by FRA. If the working
group or RSAC is unable to reach consensus on recommendations for
action, FRA moves ahead to resolve the issue through traditional
rulemaking proceedings.

Railroad Bridge Working Group

    RSAC agreed with FRA on February 20, 2008, to accept the task of
reviewing FRA's railroad bridge safety policies and activities, and to
make appropriate recommendations for FRA to improve the bridge safety
program. RSAC accordingly established a Railroad Bridge Working Group
(RBWG), composed of representatives of the various organizations on the
RSAC and including persons with particular expertise in railroad bridge
safety and management. The RBWG met on April 24-25, 2008, June 12,
2008, and August 7, 2008. On September 10, 2008, the full RSAC voted on
the RBWG's report, and recommended that FRA implement the RBWG's
proposal of a set of ``Essential Elements of Railroad Bridge Management
Programs,'' (Essential Elements) in FRA's Agency Policy on the Safety
of Railroad Bridges.
    Developing the Essential Elements composed the bulk of the RBWG's
work. The purpose of these Essential Elements is to provide railroad
bridge owners with a uniform, comprehensive set of components for
recommended inclusion in their bridge management programs. With this
information, a bridge owner may develop a single, comprehensive set of
instructions, information and data as guidance for his employees who
are responsible for the management, inspection, maintenance and safety
of railroad bridges.
    In the course of developing these Essential Elements, the members
of the RBWG combined their experience in determining the items to be
included. The RBWG members also recognized that, although most
railroads were already performing these functions to varying degrees,
it would be useful to have the recommended Essential Elements available
in a central location so that all concerned may see the railroad's full
program, and also to determine that no essential element is overlooked.
FRA agrees with this recommendation by the RSAC, which is the agency's
basis for now incorporating the ``Essential Elements of Railroad Bridge
Management Programs'' into Appendix C of the Track Safety Standards.
    On October 16, 2008, President Bush signed into law, the Railroad
Safety Improvement Act of 2008 (Pub. L. 110-423) (Act''). Section 417
of the Act directs FRA to issue, by October 16, 2009, regulations
requiring railroad bridge owners to adopt and follow specific
procedures to protect the safety of their bridges. FRA plans to conform
to that legislative mandate. A close reading and study of the specific
requirements of the bridge safety provisions mandated by the Act shows
that they closely parallel the Essential Elements of RSAC's September
10, 2008, recommendation. FRA therefore finds that this amendment of
the Statement of Agency Policy on the

Safety of Railroad Bridges, which FRA is completing expeditiously as a
non-regulatory proceeding, will benefit railroad bridge owners by
giving them prompt advice regarding the development of their bridge
safety programs, and that the early work to be done railroad bridge
owners in conformance with this recommendation will benefit the owners
and the public when FRA issues regulations conforming to the
legislative mandate.

Effect of the Amendment to This Statement of Policy

    This amendment to Policy contains guidelines for the development of
effective programs for the management and safety of railroad bridges.
It is meant to be advisory in nature. It does not have the force of
regulations under which FRA ordinarily issues violations and assesses
civil penalties. The guidelines contained herein represent the general
criteria against which FRA will evaluate each railroad's bridge
inspection and management program.
    Even without specific bridge safety regulations, FRA maintains
authority to perform safety inspections of any railroad facility and to
issue emergency orders under 49 U.S.C. 20104, 49 U.S.C. 20107, and 49
CFR part 209. This amendment to the Policy does not change FRA's
statutory emergency order authority with respect to railroad bridge
safety. This emergency order authority permits FRA, if necessary, to
remove from service, or otherwise impose conditions on any railroad
operation which, in the judgment of the agency, poses an emergency
situation involving a hazard of death or personal injury. FRA will not
hesitate to use this authority if circumstances warrant.

List of Subjects in 49 CFR Part 213

    Penalties, Railroad safety, Railroads.

PART 213--[AMENDED]

0
1. The authority citation for part 213 continues to read as follows:

    Authority: 49 U.S.C. 20102-20114 and 20142; 28 U.S.C. 2461,
note; and 49 CFR 1.49(m).

0
2. Section 14 is added to Appendix C, Part 213 to read as follows:

Appendix C to Part 213--Statement of Agency Policy on the Safety of
Railroad Bridges

* * * * *

14. Railroad Implementation of Bridge Safety Programs

    FRA recommends that each track owner or other entity which is
responsible for the integrity of bridges which support its track
adopt and implement an effective and comprehensive program to ensure
the safety of its bridges. The bridge safety program should
incorporate the following essential elements, applied according to
the configuration of the railroad and its bridges. The basis of the
program should be in one comprehensive and coherent document which
is available to all railroad personnel and other persons who are
responsible for the application of any portion of the program.
    The program should include:
    (a) Clearly defined roles and responsibilities of all persons
who are designated or authorized to make designations regarding the
integrity of the track owner's bridges. The definitions may be made
by position or by individual;
    (b) Provisions for a complete inventory of bridges that carry
the owner's track, to include the following information on each
bridge:
    (1) A unique identifier, such as milepost location and a
subdivision code;
    (2) The location of the bridge by nearest town or station, and
geographic coordinates;
    (3) The name of the geographic features crossed by the bridge;
    (4) The number of tracks on the bridge;
    (5) The number of spans in the bridge;
    (6) The lengths of the spans; and
    (7) Types of construction of:
    (i) Substructure;
    (ii) Superstructure; and
    (iii) Deck;
    (8) Overall length of the bridge.
    (9) Dates of:
    (i) Construction;
    (ii) Major renovation; and
    (iii) Strengthening;
    (10) Identification of entities responsible for maintenance of
the bridge or its different components;
    (c) Known capacity of its bridges as determined by rating by
competent engineer or by design documents;
    (d) Procedures for the control of movement of high, wide or
heavy loads exceeding the nominal capacity of bridges;
    (e) Instructions for the maintenance of permanent records of
design, construction, modification, and repair;
    (f) Railroad-specific procedures and standards for design and
rating of bridges;
    (g) Detailed bridge inspection policy, including:
    (1) Inspector Qualifications.
    (i) Bridge experience or appropriate educational training.
    (ii) Training on bridge inspection procedures.
    (iii) Training on Railroad Workplace Safety.
    (2) Type and frequency of inspection.
    (i) Periodic (at least annually).
    (ii) Underwater.
    (iii) Special.
    (iv) Seismic.
    (v) Cursory inspections of overhead bridges that are not the
responsibility of the railroad.
    (3) Inspection schedule for each bridge.
    (4) Documentation of inspections.
    (i) Date.
    (ii) Name of inspector.
    (iii) Reporting Format.
    (iv) Coherence of information.
    (5) Inspection Report Review Process.
    (6) Record retention.
    (7) Tracking of critical deficiencies to resolution;
    (h) Provide for the protection of train operations following an
inspection, noting a critical deficiency, repair, modification or
adverse event and should
    (1) Include a listing of qualifications of personnel permitted
to authorize train operations following an adverse event; and
    (i) Detailed internal program audit procedures to ensure
compliance with the provisions of the program.

    Issued in Washington, DC, on January 7, 2009.
Clifford C. Eby,
Acting Administrator.
[FR Doc. E9-436 Filed 1-12-09; 8:45 am]

BILLING CODE 4910-06-P


[Federal Register Volume 82, Number 249 (Friday, December 29, 2017)]
[Notices]
[Pages 61755-61756]
[FR Doc No: 2017-28199]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC18-34-000.
    Applicants: MDU Resources Group, Inc.
    Description: Application of MDU Resources Group, Inc. for
Authorization under FPA Section 203 and Request for Confidential
Treatment.
    Filed Date: 12/15/17.
    Accession Number: 20171215-5228.
    Comments Due: 5 p.m. ET 1/5/18.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-2126-004.
    Applicants: Idaho Power Company.
    Description: Compliance filing: Compliance Filing--Revision MBR
Tariff Reflect Authorized Transact in CAISO EIM to be effective 4/4/
2018.
    Filed Date: 12/18/17.
    Accession Number: 20171218-5000.
    Comments Due: 5 p.m. ET 1/8/18.

    Docket Numbers: ER14-693-006.
    Applicants: Entergy Services, Inc.
    Description: Entergy Services, Inc. submits tariff filing per 35:
LBA Compliance Errata ER14-693 12-1-2017 to be effective 12/19/2013
under ER14-693. (Replaces 20171201-5399).
    Filed Date: 12/18/17.
    Accession Number: 20171218-5077.
    Comments Due: 5 p.m. ET 1/8/18.

    Docket Numbers: ER14-694-006.
    Applicants: Entergy Services, Inc.
    Description: Entergy Services, Inc. submits tariff filing per 35:
LBA Compliance Errata ER14-694 12-1-2017 to be effective 12/19/2013
under ER14-694. (Replaces 20171201-5397).
    Filed Date: 12/18/17.
    Accession Number: 20171218-5079.
    Comments Due: 5 p.m. ET 1/8/18.

    Docket Numbers: ER17-1014-001.
    Applicants: Midcontinent Independent System Operator, Inc., Otter
Tail Power Company.
    Description: Compliance filing: 2017-12-18_Compliance filing re OTP
Att O and 30.9 Credits to include Basin to be effective 5/1/2017.
    Filed Date: 12/18/17.
    Accession Number: 20171218-5112.
    Comments Due: 5 p.m. ET 1/8/18.

    Docket Numbers: ER17-1394-001.
    Applicants: 83WI 8me, LLC.
    Description: Notice of Non-Material Change in Status of 83WI 8me,
LLC.
    Filed Date: 12/14/17.
    Accession Number: 20171214-5184.
    Comments Due: 5 p.m. ET 1/4/18.

    Docket Numbers: ER18-459-000.
    Applicants: PJM Interconnection, L.L.C., Ohio Valley Electric
Corporation.
    Description: Sec.  205(d) Rate Filing: Revisions to PJM OATT, OA
and RAA re: OVEC Integration to be effective 3/1/2018.
    Filed Date: 12/15/17.
    Accession Number: 20171215-5205.
    Comments Due: 5 p.m. ET 1/5/18.

    Docket Numbers: ER18-460-000.
    Applicants: PJM Interconnection, L.L.C., Ohio Valley Electric
Corporation.
    Description: Sec.  205(d) Rate Filing: Revisions to CTOA re: OVEC
Integration to be effective 3/1/2018.
    Filed Date: 12/15/17.
    Accession Number: 20171215-5209.
    Comments Due: 5 p.m. ET 1/5/18.

    Docket Numbers: ER18-461-000.
    Applicants: California Independent System Operator Corporation.
    Description: Sec.  205(d) Rate Filing: 2017-12-15 Consolidated EIM
Initiatives and Resource Modeling Enhancements to be effective 2/15/
2018.
    Filed Date: 12/15/17.
    Accession Number: 20171215-5190.
    Comments Due: 5 p.m. ET 1/5/18.

    Docket Numbers: ER18-462-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2017-12-15_Resource Adequacy
Construct Refiling to be effective 3/1/2018.
    Filed Date: 12/15/17.
    Accession Number: 20171215-5199.
    Comments Due: 5 p.m. ET 1/5/18.

    Docket Numbers: ER18-463-000.
    Applicants: Midcontinent Independent System Operator, Inc., Ameren
Transmission Company of Illinois.
    Description: Sec.  205(d) Rate Filing: 2017-12-15_ATXI Attachment O
& MM Revisions for Transmission Rate Incentives to be effective 2/14/
2018.
    Filed Date: 12/15/17.
    Accession Number: 20171215-5201.
    Comments Due: 5 p.m. ET 1/5/18.

    Docket Numbers: ER18-464-000.
    Applicants: Public Service Company of New Mexico.
    Description: Initial rate filing: Transmission Service Agreement
between PNM and El Cabo Wind, LLC to be effective 11/29/2017.
    Filed Date: 12/18/17.
    Accession Number: 20171218-5057.
    Comments Due: 5 p.m. ET 1/8/18.

    Docket Numbers: ER18-465-000.
    Applicants: Public Service Company of New Hampshire.
    Description: Request for Limited Waiver of Public Service Company
of New Hampshire.

    Filed Date: 12/15/17.
    Accession Number: 20171215-5227.
    Comments Due: 5 p.m. ET 1/5/18.

    Docket Numbers: ER18-466-000.
    Applicants: NextEra Energy Marketing, LLC.
    Description: Petition for Limited Waiver of NextEra Energy
Marketing, LLC.
    Filed Date: 12/15/17.
    Accession Number: 20171215-5232.
    Comments Due: 5 p.m. ET 1/5/18.

    Docket Numbers: ER18-467-000.
    Applicants: Southern California Edison Company.
    Description: Tariff Cancellation: Notice of Cancellation of 5 FTSAs
to be effective 1/1/2018.
    Filed Date: 12/18/17.
    Accession Number: 20171218-5121.
    Comments Due: 5 p.m. ET 1/8/18.

    Docket Numbers: ER18-468-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Sec.  205(d) Rate Filing: PG&E Llagas Energy Storage
SGIA to be effective 12/19/2017.
    Filed Date: 12/18/17.
    Accession Number: 20171218-5166.
    Comments Due: 5 p.m. ET 1/8/18.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: December 18, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-28199 Filed 12-28-17; 8:45 am]
 BILLING CODE 6717-01-P