load capacity shall be completed not later than five years following
the date of initial adoption of the track owner's bridge management
program in conformance with Sec.  237.33 of this chapter.
    (f) Where a bridge inspection reveals that the condition of a
bridge or a bridge component might affect the load capacity of the
bridge, a new capacity shall be determined by a railroad bridge
engineer.
    (g) Bridge load capacity may be expressed in terms of numerical
values related to a standard system of bridge loads, but shall in any
case be stated in terms of weight and length of individual or combined
cars and locomotives, for the use of transportation personnel.
    (h) Bridge load capacity may be expressed in terms of both normal
and maximum load conditions. Operation of equipment that produces
forces greater than the normal capacity shall be subject to any
restrictions or conditions that may be prescribed by a railroad bridge
engineer.

Sec.  237.75  Protection of bridges from over-weight and over-dimension
loads.

    (a) Each track owner shall issue instructions to its personnel who
are responsible for the consist and operation of trains over its
bridges to prevent the operation of cars, locomotives and other
equipment that would exceed the capacity or dimensions of its bridges.
    (b) The instructions regarding weight shall be expressed in terms
of maximum equipment weights, and either minimum equipment lengths or
axle spacing.
    (c) The instructions regarding dimensions shall be expressed in
terms of feet and inches of cross section and equipment length, in
conformance with common railroad industry practice for reporting
dimensions of exceptional equipment in interchange in which height
above top-of-rail is shown for each cross section measurement, followed
by the width of the car or the shipment at that height.
    (d) The instructions may apply to individual structures, or to a
defined line segment or group(s) of line segments where the published
capacities and dimensions are within the limits of all structures on
the subject line segments.

Subpart E--Bridge Inspection

Sec.  237.101  Scope.

    This subpart prescribes minimum standards to be incorporated in
railroad bridge management programs to provide for an effective program
of bridge inspections.

Sec.  237.103  Scheduling of bridge inspections.

    (a) Each bridge management program shall include a provision for
scheduling an inspection for each bridge in railroad service at least
once in each calendar year, with not more than 540 days between any
successive inspections.
    (b) A bridge shall be inspected more frequently when a railroad
bridge engineer determines that such inspection frequency is necessary
considering conditions noted on prior inspections, the type and
configuration of the bridge, and the weight and frequency of traffic
carried on the bridge.
    (c) Each bridge management program shall define requirements for
the special inspection of a bridge to be performed whenever the bridge
is involved in an event which might have compromised the integrity of
the bridge, including but not limited to flood, fire, earthquake,
derailment or vehicular or vessel impact.
    (d) Any railroad bridge that has not been in railroad service and
has not been inspected in accordance with this section within the
previous 540 days shall be inspected and the inspection report reviewed
by a railroad bridge engineer prior to the resumption of railroad
service.

Sec.  237.105  Bridge inspection procedures.

    (a) Each bridge management program shall specify the procedure to
be used for inspection of individual bridges or classes and types of
bridges.
    (b) The bridge inspection procedures shall be as specified by a
railroad bridge engineer who is designated as responsible for the
conduct and review of the inspections. The inspection procedures shall
incorporate the methods, means of access, and level of detail to be
recorded for the various components of that bridge or class of bridges.
    (c) The bridge inspection procedures shall ensure that the level of
detail and the inspection procedures are appropriate to the
configuration of the bridge, conditions found during

previous inspections, and the nature of the railroad traffic moved over
the bridge, including equipment weights, train frequency and length,
levels of passenger and hazardous materials traffic, and vulnerability
of the bridge to damage.
    (d) The bridge inspection procedures shall be designed to detect,
report and protect deterioration and deficiencies before they present a
hazard to safe train operation.

Sec.  237.107  Special inspections.

    (a) Each bridge management program shall prescribe a procedure for
protection of train operations and for inspection of any bridge that
might have been damaged by a natural or accidental event, including but
not limited to flood, fire, earthquake, derailment or vehicular or
vessel impact.
    (b) Each bridge management program shall provide for the detection
of scour or deterioration of bridge components that are submerged, or
that are subject to water flow.

Sec.  237.109  Conduct of bridge inspections.

    Bridge inspections shall be conducted under the direct supervision
of a designated bridge inspector, who shall be responsible for the
accuracy of the results and the conformity of the inspection to the
bridge management program.

Sec.  237.111  Bridge inspection records.

    (a) Each track owner to which this part applies shall keep a record
of each inspection required to be performed on those bridges under this
part.
    (b) Each record of an inspection under the bridge management
program prescribed in this part shall be prepared from notes taken on
the day(s) the inspection is made, supplemented with sketches and
photographs as needed. Such record will be dated with the date(s) the
physical inspection takes place and signed or otherwise certified by
the person making the inspection.
    (c) Each bridge management program shall specify that every bridge
inspection report shall include, as a minimum, the following
information:
    (1) A precise identification of the bridge inspected;
    (2) The date on which the inspection was completed;
    (3) The identification and written or electronic signature of the
inspector;
    (4) The type of inspection performed, in conformance with the
definitions of inspection types in the bridge management program;
    (5) An indication on the report as to whether any item noted
thereon requires expedited or critical review by a railroad bridge
engineer, and any restrictions placed at the time of the inspection;
and
    (6) The condition of components inspected, which may be in a
condition reporting format prescribed in the bridge management program,
together with any narrative descriptions necessary for the correct
interpretation of the report.
    (d) An initial report of each bridge inspection shall be placed in
the location designated in the bridge management program within 14
calendar days of the completion of the inspection. The initial report
shall include the information required by paragraphs (c)(1) through
(c)(5) of this section.
    (e) A complete report of each bridge inspection, including as a
minimum the information required in paragraphs (c)(1) through (c)(6) of
this section, shall be placed in the location designated in the bridge
management program within 45 calendar days of the completion of the
inspection.
    (f) Each bridge inspection program shall specify the retention
period and location for bridge inspection records. The retention period
shall be no less than two years following the completion of the
inspection, or until the completion of the next two inspections of the
same type, whichever is longer.

Sec.  237.113  Review of bridge inspection reports.

    Bridge inspection reports shall be reviewed by railroad bridge
supervisors and railroad bridge engineers to:
    (a) Determine whether inspections have been performed in accordance
with the prescribed schedule and specified procedures;
    (b) Evaluate whether any items on the report represent a present or
potential hazard to safety;
    (c) Prescribe any modifications to the inspection procedures for
that particular bridge;
    (d) Schedule any repairs or modifications to the bridge required to
maintain its structural integrity; and
    (e) Determine the need for further higher-level review.

Subpart F--Repair and Modification of Bridges

Sec.  237.131  Scope.

    This subpart prescribes minimum standards to be incorporated in
railroad bridge management programs to provide for adequate design and
effective supervision of bridge modification and repair which will
materially modify the capacity of the bridge or the stresses in any
primary load-carrying component of the bridge.

Sec.  237.133  Design.

    Each repair or modification to a bridge pursuant to this part shall
be designed by a railroad bridge engineer. The design shall specify the
manner in which railroad traffic or other live loads may be permitted
on the bridge while it is being modified or repaired. Designs and
procedures for repair or modification of bridges of a common
configuration, such as timber trestles, or instructions for in-kind
replacement of bridge components, may be issued as a common standard.

Sec.  237.135  Supervision.

    Each repair or modification pursuant to this part shall be
performed under the immediate supervision of a railroad bridge
supervisor as defined in Sec.  237.57 of this part and who is
designated and authorized by the track owner to supervise the
particular work to be performed. The railroad bridge supervisor shall
ensure that railroad traffic or other live loads permitted on the
bridge under repair or modification are in conformity with the
specifications in the design.

Subpart G--Documentation, Records and Audits of Bridge Management
Programs

Sec.  237.151  Scope.

    This subpart prescribes minimum standards to be incorporated in
railroad bridge management programs to provide for verification of the
effectiveness of the program and the accuracy of the information
developed thereby, by the track owner as well as by the Federal
Railroad Administration.

Sec.  237.153  Audits; general.

    Each program adopted to comply with this part shall include
provisions for auditing the effectiveness of the several provisions of
that program, including the validity of bridge inspection reports and
bridge inventory data, and the correct application of movement
restrictions to railroad equipment of exceptional weight or
configuration.

Sec.  237.155  Audits of inspections.

    (a) Each bridge management program shall incorporate provisions for
an internal audit to determine whether the inspection provisions of the
program are being followed, and whether the program itself is
effectively providing for the continued safety of the subject bridges.
    (b) The inspection audit shall include an evaluation of a
representative sampling of bridge inspection reports at the bridges
noted on the reports to determine whether the reports

accurately describe the condition of the bridge.

Sec.  237.157  Documents and records.

    Each track owner required to implement a bridge management program
and keep records under this part shall make those program documents and
records available for inspection and reproduction by the Federal
Railroad Administration.
    (a) Electronic recordkeeping; general. For purposes of compliance
with the recordkeeping requirements of this part, a railroad may create
and maintain any of the records required by this part through
electronic transmission, storage, and retrieval provided that all of
the following conditions are met:
    (1) The system used to generate the electronic record meets all
requirements of this subpart;
    (2) The electronically generated record contains the information
required by this part;
    (3) The railroad monitors its electronic records database through
sufficient number of monitoring indicators to ensure a high degree of
accuracy of these records; and
    (4) The railroad shall train its employees who use the system on
the proper use of the electronic recordkeeping system.
    (5) The railroad maintains an information technology security
program adequate to ensure the integrity of the system, including the
prevention of unauthorized access to the program logic or individual
records.
    (b) System security. The integrity of the program and database must
be protected by a security system that utilizes an employee
identification number and password, or a comparable method, to
establish appropriate levels of program access meeting all of the
following standards:
    (1) No two individuals have the same electronic identity;
    (2) A record cannot be deleted or altered by any individual after
the record is certified by the employee who created the record;
    (3) Any amendment to a record is either--
    (i) Electronically stored apart from the record that it amends, or
    (ii) Electronically attached to the record as information without
changing the original record;
    (4) Each amendment to a record uniquely identifies the person
making the amendment; and
    (5) The electronic system provides for the maintenance of
inspection records as originally submitted without corruption or loss
of data.

Appendix A to Part 237--Supplemental Agency Statement of Policy on the
Safety of Railroad Bridges

    A Statement of Agency Policy on the Safety of Railroad Bridges
was originally published by FRA in 2000 as Appendix C of the Federal
Track Safety Standards, 49 CFR Part 213. With the promulgation of 49
CFR Part 237, Railroad Bridge Safety Standards, many of the non-
regulatory provisions in that Policy Statement have been
incorporated into the bridge safety standards.
    However, FRA has determined that other non-regulatory items are
still useful as information and guidance for track owners. Those
provisions of the Policy Statement are therefore retained and placed
in this Appendix in lieu of their former location in the Track
Safety Standards.

General

    1. The structural integrity of bridges that carry railroad
tracks is important to the safety of railroad employees and to the
public. The responsibility for the safety of railroad bridges is
specified in Sec.  237.7, ``Responsibility for Compliance.''
    2. The capacity of a bridge to safely support its traffic can be
determined only by intelligent application of engineering principles
and the law of physics. Track owners should use those principles to
assess the integrity of railroad bridges.
    3. The long term ability of a structure to perform its function
is an economic issue beyond the intent of this policy. In assessing
a bridge's structural condition, FRA focuses on the present safety
of the structure, rather than its appearance or long term
usefulness.
    4. FRA inspectors conduct regular evaluations of railroad bridge
inspection and management practices. The objective of these
evaluations is to document the practices of the evaluated railroad,
to disclose any program weaknesses that could affect the safety of
the public or railroad employees, and to assure compliance with the
terms of this regulation. If the evaluation discloses problems, FRA
seeks a cooperative resolution. If safety is jeopardized by a track
owner's failure to resolve a bridge problem, FRA will use
appropriate measures, including assessing civil penalties and
issuance of emergency orders, to protect the safety of railroad
employees and the public.
    5. This policy statement addresses the integrity of bridges that
carry railroad tracks. It does not address the integrity of other
types of structures on railroad property (i.e. tunnels, highway
bridges over railroads, or other structures on or over the right-of-
way).
    6. The guidelines published in this statement are advisory,
rather than regulatory, in nature. They supplement the requirements
of part 237 and are retained for information and guidance.

Guidelines

1. Responsibility for Safety of Railroad Bridges

    (a) The responsibility for the safety of railroad bridges is
specified in Sec.  237.7.
    (b) The track owner should maintain current information
regarding loads that may be operated over the bridge, either from
its own engineering evaluations or as provided by a competent
engineer representing the track owner. Information on permissible
loads may be communicated by the track owner either in terms of
specific car and locomotive configurations and weights, or as values
representing a standard railroad bridge rating reference system. The
most common standard bridge rating reference system incorporated in
the Manual for Railway Engineering of the American Railway
Engineering and Maintenance of Way Association is the dimensional
and proportional load configuration devised by Theodore Cooper.
Other reference systems may be used where convenient, provided their
effects can be defined in terms of shear, bending and pier reactions
as necessary for a comprehensive evaluation and statement of the
capacity of a bridge.
    (c) The owner of the track on a bridge should advise other
railroads operating on that track of the maximum loads permitted on
the bridge stated in terms of car and locomotive configurations and
weights. No railroad should operate a load which exceeds those
limits without specific authority from, and in accordance with
restrictions placed by, the track owner.

2. Capacity of Railroad Bridges

    (a) The safe capacity of bridges should be determined pursuant
to Sec.  237.73.
    (b) Proper analysis of a bridge requires knowledge of the actual
dimensions, materials and properties of the structural members of
the bridge, their condition, and the stresses imposed in those
members by the service loads.
    (c) The factors which were used for the design of a bridge can
generally be used to determine and rate the load capacity of a
bridge provided:
    (i) The condition of the bridge has not changed significantly;
and
    (ii) The stresses resulting from the service loads can be
correlated to the stresses for which the bridge was designed or
rated.

3. Railroad Bridge Loads

    (a) Control of loads is governed by Sec.  237.75.
    (b) Authority for exceptions. Equipment exceeding the nominal
weight restriction on a bridge should be operated only under
conditions determined by a competent railroad bridge engineer who
has properly analyzed the stresses resulting from the proposed loads
and has determined that the proposed operation can be conducted
safely without damaging the bridge.
    (c) Operating conditions. Operating conditions for exceptional
loads may include speed restrictions, restriction of traffic from
adjacent multiple tracks, and weight limitations on adjacent cars in
the same train.

4. Railroad Bridge Records

    (a) The organization responsible for the safety of a bridge
should keep design, construction, maintenance and repair records
readily accessible to permit the determination of safe loads. Having
design or rating drawings and calculations that conform to the
actual structure greatly simplifies the process of making accurate

determinations of safe bridge loads. This provision is governed by
Sec.  237.35.
    (b) Organizations acquiring railroad property should obtain
original or usable copies of all bridge records and drawings, and
protect or maintain knowledge of the location of the original
records.

5. Specifications for Design and Rating of Railroad Bridges

    (a) The recommended specifications for the design and rating of
bridges are those found in the Manual for Railway Engineering
published by the American Railway Engineering and Maintenance-of-way
Association. These specifications incorporate recognized principles
of structural design and analysis to provide for the safe and
economic utilization of railroad bridges during their expected
useful lives. These specifications are continually reviewed and
revised by committees of competent engineers. Other specifications
for design and rating, however, have been successfully used by some
railroads and may continue to be suitable.
    (b) A bridge can be rated for capacity according to current
specifications regardless of the specification to which it was
originally designed.

6. Periodic Inspections of Railroad Bridges

    (a) Periodic bridge inspections by competent inspectors are
necessary to determine whether a structure conforms to its design or
rating condition and, if not, the degree of nonconformity. See Sec.
237.103. Section 237.103(a) calls for every railroad bridge to be
inspected at least once in each calendar year. Deterioration or
damage may occur during the course of a year regardless of the level
of traffic that passes over a bridge. Inspections at more frequent
intervals may be required by the nature or condition of a structure
or intensive traffic levels.

7. Underwater Inspections of Railroad Bridges

    (a) Inspections of bridges should include measuring and
recording the condition of substructure support at locations subject
to erosion from moving water.
    (b) Stream beds often are not visible to the inspector. Indirect
measurements by sounding, probing, or any other appropriate means
are necessary in these cases. A series of records of these readings
will provide the best information in the event unexpected changes
suddenly occur. Where such indirect measurements do not provide the
necessary assurance of foundation integrity, diving inspections
should be performed as prescribed by a competent engineer.

8. Seismic Considerations

    (a) Owners of bridges should be aware of the risks posed by
earthquakes in the areas in which their bridges are located.
Precautions should be taken to protect the safety of trains and the
public following an earthquake.
    (b) Contingency plans for seismic events should be prepared in
advance, taking into account the potential for seismic activity in
an area.
    (c) The predicted attenuation of ground motion varies
considerably within the United States. Local ground motion
attenuation values and the magnitude of an earthquake both influence
the extent of the area affected by an earthquake. Regions with low
frequency of seismic events produce less data from which to predict
attenuation factors. That uncertainty should be considered when
designating the area in which precautions should be taken following
the first notice of an earthquake. In fact, earthquakes in such
regions might propagate their effects over much wider areas than
earthquakes of the same magnitude occurring in regions with frequent
seismic activity.

9. Special Inspections of Railroad Bridges

    Requirements for special inspections of railroad bridges are
found in Sec.  237.107.

10. Railroad Bridge Inspection Records

    (a) The requirement for recording and reporting bridge
inspections is found in Sec.  237.111.
    (b) Information from bridge inspection reports should be
incorporated into a bridge management program to ensure that
exceptions on the reports are corrected or accounted for. A series
of inspection reports prepared over time should be maintained so as
to provide a valuable record of trends and rates of degradation of
bridge components. The reports should be structured to promote
comprehensive inspections and effective communication between an
inspector and an engineer who performs an analysis of a bridge.
    (c) An inspection report should be comprehensible to a competent
person without interpretation by the reporting inspector.

11. Railroad Bridge Inspectors and Engineers

    (a) Bridge inspections should be performed by technicians whose
training and experience enable them to detect and record indications
of distress on a bridge. Inspectors should provide accurate
measurements and other information about the condition of the bridge
in enough detail so that an engineer can make a proper evaluation of
the safety of the bridge. Qualifications of personnel are addressed
in Subpart C to part 237.
    (b) Accurate information about the condition of a bridge should
be evaluated by an engineer who is competent to determine the
capacity of the bridge. The inspector and the evaluator often are
not the same individual; therefore, the quality of the bridge
evaluation depends on the quality of the communication between them.
Review of inspection reports is addressed in Sec.  237.113.

12. Scheduling Inspections

    (a) A bridge management program should include a means to ensure
that each bridge under the program is inspected at the frequency
prescribed for that bridge by a competent engineer. Scheduling of
bridge inspections is addressed in Sec.  237.103.
    (b) Bridge inspections should be scheduled from an accurate
bridge inventory list that includes the due date of the next
inspection.

13. Special Considerations for Railroad Bridges

    Railroad bridges differ from other types of bridges in the types
of loads they carry, in their modes of failure and indications of
distress, and in their construction details and components. Proper
inspection and analysis of railroad bridges require familiarity with
the loads, details and indications of distress that are unique to
this class of structure. Particular care should be taken that
modifications to railroad bridges, including retrofits for
protection against the effects of earthquakes, are suitable for the
structure to which they are to be applied. Modifications should not
adversely affect the serviceability of either the bridge or its
accessibility for periodic or special inspection.

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
should comply with the intent of this regulation by adopting and
implementing 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; and
    (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 railroad bridge engineers 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; including
    (i) Bridge experience or appropriate educational training;
    (ii) Training on bridge inspection procedures; and
    (iii) Training on Railroad Workplace Safety;
    (2) Type and frequency of inspection; including
    (i) Periodic (at least annually);
    (ii) Underwater;
    (iii) Special;
    (iv) Seismic; and
    (v) Cursory inspections of overhead bridges that are not the
responsibility of the railroad;
    (3) Inspection schedule for each bridge;
    (4) Documentation of inspections; including
    (i) Date;
    (ii) Name of inspector;
    (iii) Reporting Format; and
    (iv) Coherence of information;
    (5) Inspection Report Review Process;
    (6) Record retention; and
    (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 include:
    (1) A listing of qualifications of personnel permitted to
authorize train operations following an adverse event; and
    (2) Detailed internal program audit procedures to ensure
compliance with the provisions of the program.

Appendix B to Part 237--Schedule of Civil Penalties [Reserved]

    Issued in Washington, DC, on August 7, 2009.
Joseph C. Szabo,
Federal Railroad Administrator.

[FR Doc. E9-19367 Filed 8-14-09; 8:45 am]

BILLING CODE 4910-06-P