obtain and maintain the design documents of each bridge if available,
and to document all repairs, modifications, and inspections of each
bridge; and a bridge inspection program covering the method of
documenting inspections, including standard forms and formats.
    FRA believes that most railroads, regardless of size, already
maintain an accurate inventory of their railroad bridges, records of
the safe load capacity of their bridges, and design documents to the
extent they are available. Likewise, because it is good business
practice to do so, most railroads maintain documents related to all
repairs, modifications, and inspections of bridges. The States of Ohio,
Michigan, and New York have existing bridge regulations requiring
railroads to maintain bridge inventories and inspect bridges annually.
There are approximately 100 small railroads that operate in those
States. However, some railroads may not include in their documentation
some of the particular data items specified in this rule. Thus these
requirements will impose a nominal additional recordkeeping burden on
some small railroads.
    As noted above, not all small railroads have inspection programs.
ASLRRA, however, has developed a model program for its members, thus
minimizing the burden associated with the development of such plans.
FRA estimates that the burden for individual railroad customization of
the program would range from $570, for the smaller Class III railroads,
to $3,000 for the larger Class III railroads. Costs associated with
maintenance, modifications, and updates to bridge management plans will
average approximately 15 percent of the initial development cost, or
between $85 and $450, annually. Therefore, this reporting requirement
will have minimal impact on small entities.
    Determination of bridge load capacity will be made by a bridge
engineer. The engineer is determined by the track owner to be competent
to perform the functions necessary for the determination of load
capacity. Bridge inspection procedures would be specified by a railroad
bridge engineer who is designated as responsible for the conduct and
review of the inspections.
(b) Bridge Inspections
    Bridge management programs will be required to contain bridge
inspection programs. Subpart E requires calendar year inspections of
bridges according to specified procedures, as well as special
inspection of bridges that might be damaged by a natural or accidental
event. This subpart also specifies that bridge inspections must be
conducted under the direct supervision of a designated bridge
inspector. The inspector is deemed technically competent to view,
measure, report, and record the condition of a railroad bridge and its
individual components. FRA expects there will be a significant increase
in the number of bridge inspections conducted by small railroads or
their contractors or consulting engineers. FRA requested comments and
input regarding the extent to which Class III railroads already conduct
annual inspection of bridges and the extent to which they would have to
conduct additional bridge inspections. FRA did not receive any comments
or information related to this request.
    Most small railroads do not have bridge engineers or inspectors on
staff. They contract out bridge inspections. A typical contract is for
the inspection of most (if not all) the bridges the railroad owns, with
delivery of a final report addressing the state of all bridges. Interim
reports are provided to the railroad, or the responsible railroad
bridge engineer, to record the fact that a certain bridge has actually
been inspected and whether or not any significant deficiencies were
noted. Some States provide shortline railroads funding via grants and
loans for infrastructure improvements including bridge rehabilitation,
track maintenance, and bridge inspection. For instance, the Tennessee
Department of Transportation provides significant grants for such
projects to most of the 20 Class III railroads in the State.\6\ The
Pennsylvania Department of Transportation administers a matching grant
program to support freight railroad maintenance and construction costs.
---------------------------------------------------------------------------

    \6\ U.S. General Accounting Office, ``Railroad Bridges and
Tunnels, Federal Role in Providing Safety Oversight and Freight
Infrastructure Investment Could Be Better Targeted,'' August 2007,
(GAO-07-770).
---------------------------------------------------------------------------

    FRA believes that small railroads own, or would otherwise be
responsible for inspecting, approximately 20,000 bridges. FRA estimates
that the average cost per bridge inspection is $750, and that
approximately 10,000 bridges are being inspected less frequently than
once a year, while 5,000 are not inspected at all. Most small railroads
may own track supported by several bridges, especially in some areas
where the terrain requires such structures. FRA requested comment
regarding the level of cost burden that the annual inspection would
impose. The cost for this requirement was the largest cost in FRA's
RIA. FRA believes that, of the railroads which do not presently inspect
their bridges on an annual basis, most are small railroads.
(c) Determination of Bridge Load Capacities
    Subpart D requires the determination of bridge load capacities. FRA
believes that railroad bridge owners are generally aware of bridge load
capacities. Nevertheless, it is likely that some railroads will have to
take action to verify this information in order to develop the type of
documentation required by this subpart. Bridge load capacity
information is vital to ensuring that safe capacity is not exceeded.
Small railroads affected by this requirement will likely have a
consulting engineer perform such calculations. Most of the bridges that
do not already have load capacities calculated are smaller, less
complex structures.
(d) Repair and Modification of Bridges
    Subpart F prescribes minimum standards for bridge modification and
repair that will materially modify the capacity of a bridge or the
stresses in any primary load carrying component of the bridge.
Modifications and repairs to bridges (except for minor modifications
and repairs) will have to be designed by railroad bridge engineers, and
the work will have to be supervised by designated bridge supervisors.
Small railroads will generally contract out such modifications and
repairs. As common

practice, consulting engineers meet the design and supervision
requirements of this rule, and competent contractor employees may be
designated to perform the immediate supervision of much of the
modification and repair work.
(e) Audits
    Each program will have to include provisions for auditing the
effectiveness of several provisions of the 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. FRA anticipates that Class III
railroad audits will generally be performed by a company official
following guidance in the ASLRRA model program and without assistance
from an external financial or engineering auditor. In general, FRA
anticipates that the audit process will be simpler and consume fewer
resources for small railroads than for larger railroads. This is
because, by the nature of their operations, shortlines will probably
have smaller and less complex bridge populations.
(5) A Description of the Steps the Agency Has Taken To Minimize the
Significant Adverse Economic Impact On Small Entities Consistent With
the Objectives of Applicable Statutes, Including a Statement of
Factual, Policy, and Legal Reasons for Selecting the Alternative
Adopted in the Final Rule, and Why Each of the Other Significant
Alternatives to the Rule Considered by the Agency Was Rejected
    In Sec.  237.31, FRA sets the schedule for railroads to adopt
bridge safety management programs. In consideration of the impact on
small railroads that may not already have such programs, this schedule
generally provides small railroads with an additional 18 months more
than Class I carriers, and an additional 12 months more than Class II
carriers, to adopt these programs.
    FRA has identified no additional, significant alternative to this
final rule that satisfies the mandate of the RSIA or meets the agency's
objective in promulgating this rule, and that would minimize the
economic impact of the rulemaking on small entities. As in all aspects
of this rulemaking, FRA requested comments on this finding of no
significant alternative related to small entities. No comments were
received relative to the question of what alternatives could be
provided to small entities.
    The process by which this final rule was developed provided
outreach to small entities. As noted in Section III of this final rule,
this rule was developed in consultation with industry representatives
through RSAC, which includes small railroad representatives. On
December 10, 2008, RSAC referred to the Working Group, established in
March 2008, the task of developing a draft rule requiring the owners of
track carried on one or more railroad bridges to adopt a bridge safety
management program to reduce the risk of human casualties,
environmental damage, and disruption to the Nation's railroad
transportation system resulting from catastrophic bridge failure. The
Working Group met twice, on January 28-29, 2009, and February 23-24,
2009. Small railroad representatives participated in both meetings and
raised issues of concern to small railroads. Of specific concern to
small railroads that own several bridges and contract out the
inspection of these bridges, was the ability to continue to enter into
such contractual agreements structured such that final inspection
reports are submitted as part of a single report at the completion of
the contract, which could span several months. After the comment period
for the NPRM closed, FRA held a 1-day meeting for the Working Group to
review the comments to the docket. This meeting was held in Washington,
DC, on December 15, 2009. At this meeting all comments were reviewed
and the Working Group provided FRA with pertinent input on potential
issues. This final rule takes into account the comments and input
provided by the Working Group.

C. Paperwork Reduction Act

    The information collection requirements in this final rule have
been submitted for approval to the Office of Management and Budget
(OMB) under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq.
The sections that contain the new information collection requirements
and the estimated time to fulfill each requirement are as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                Total
                                                               Total annual        Average time per      annual
            CFR Section              Respondent universe         responses             response          burden
                                                                                hours
----------------------------------------------------------------------------------------------------------------
237.3:
    Notifications to FRA of         693 Railroads........  15 notifications....  90 minutes..........       22.5
     Assignment of Bridge
     Responsibility.
    Signed Statement by Assignee    693 Railroads........  15 signed statements  30 minutes..........        7.5
     Concerning Bridge
     Responsibility.
237.9: Waivers--Petitions.........  693 Railroads........  12 petitions........  4 hours.............         48
237.31 and 237.33: Development/     693 Railroads........  693 plans...........  Varies..............     20,100
 Adoption of Bridge Management
 Program.
237.57: Designation of Qualified    693 Railroads........  200 designations....  30 minutes..........        100
 Individuals.
237.71: Determination of Bridge     693 Railroads........  2,000 determinations  8 hours.............     16,000
 Load Capacities.
237.73: Issuance of Instructions    693 Railroads........  2,000 instructions..  2 hours.............      4,000
 to Railroad Personnel by Track
 Owner.
237.105:
    Special Bridge Inspections and  693 Railroads........  7,500 inspections     12.50 hours.........     93,750
     Reports/Records.                                       and reports/records.
    Special Underwater Inspections  693 Railroads........  50 inspections and    40 hours............      2,000
                                                            reports/records.
237.107 and 237.109:
    Nationwide Annual Bridge        693 Railroads........  18,000 inspections    4 hours.............     72,000
     Inspections--Reports.                                  and reports.
    Records.......................  693 Railroads........  18,000 records......  1 hour..............     18,000

    Report of Deficient Condition   693 Railroads........  50 reports..........  30 minutes..........         25
     on a Bridge (New from NPRM).
237.111:
    Review of Bridge Inspection     693 Railroads........  2,000 inspection      30 minutes..........      1,000
     Reports by Railroad Bridge                             report reviews.
     Engineers.
    Prescription of Bridge          693 Railroads........  200 inspection        30 minutes..........        100
     Inspection Procedure                                   procedure
     Modifications After Review.                            modifications.
237.131:
    Design of Bridge Modifications  693 Railroads........  1,250 designs.......  16 hours............     20,000
     or Bridge Repairs.
    Bridge Modification Repair      693 Railroads........  1,250 bridge          1.50 hours..........      1,875
     Reviews/Supervisory Efforts.                           modification repair
                                                            reviews.
    Common Standard Designed by     693 Railroads........  50 standards........  24 hours............      1,200
     Railroad Bridge Engineer (New
     from NPRM).
237.153: Audits of Inspections....  693 Railroads........  693 inspection        80 hours/24 hours/6       5,470
                                                            audits.               hours.
237.155--Documents and Records:
    Establishment of Railroad       693 Railroads........  5 systems...........  80 hours............        400
     Monitoring and Information
     Technology Security Systems
     for Electronic Recordkeeping.
    Employees Trained in System...  693 Railroads........  100 employees.......  8 hours.............        800
----------------------------------------------------------------------------------------------------------------

    All estimates include the time for reviewing instructions;
searching existing data sources; gathering or maintaining the needed
data; and reviewing the information. For information or a copy of the
paperwork package submitted to OMB, contact Mr. Robert Brogan at 202-
493-6292 or Ms. Kimberly Toone at<PHONE_NUMBER>, or via e-mail at the
following respective addresses<EMAIL_ADDRESS>or
<EMAIL_ADDRESS>    Organizations and individuals desiring to submit comments on the
collection of information requirements should direct them to the Office
of Management and Budget, Office of Information and Regulatory Affairs,
Washington, DC 20503, Attention: FRA Desk Officer. Comments may also be
sent via e-mail to the Office of Management and Budget at the following
address<EMAIL_ADDRESS>    OMB is required to make a decision concerning the collection of
information requirements contained in this final rule between 30 and 60
days after publication of this document in the Federal Register.
Therefore, a comment to OMB is best assured of having its full effect
if OMB receives it within 30 days of publication.
    FRA cannot impose a penalty on persons for violating information
collection requirements that do not display a current OMB control
number, if required. FRA intends to obtain current OMB control numbers
for any new information collection requirements resulting from this
rulemaking action prior to the effective date of this final rule. The
OMB control number, when assigned, will be announced by separate notice
in the Federal Register.

D. Environmental Impact

    FRA has evaluated this final rule in accordance with its
``Procedures for Considering Environmental Impacts'' (FRA's Procedures)
(64 FR 28545, May 26, 1999) as required by the National Environmental
Policy Act (42 U.S.C. 4321 et seq.), other environmental statutes,
Executive Orders, and related regulatory requirements. FRA has
determined that this action is not a major FRA action (requiring the
preparation of an environmental impact statement or environmental
assessment) because it is categorically excluded from detailed
environmental review pursuant to section 4(c)(20) of FRA's Procedures.
64 FR 28547, May 26, 1999. In accordance with section 4(c) and (e) of
FRA's Procedures, the agency has further concluded that no
extraordinary circumstances exist with respect to this final rule that
might trigger the need for a more detailed environmental review. As a
result, FRA finds that this final rule is not a major Federal action
significantly affecting the quality of the human environment.

E. Federalism Implications

    Executive Order 13132, ``Federalism'' (64 FR 43255, Aug. 10, 1999),
requires FRA to develop an accountable process to ensure ``meaningful
and timely input by State and local officials in the development of
regulatory policies that have federalism implications.'' ``Policies
that have federalism implications'' are defined in the Executive Order
to include regulations that have ``substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government.'' Under Executive Order 13132, the agency
may not issue a regulation with federalism implications that imposes
substantial direct compliance costs and that is not required by
statute, unless the Federal government provides the funds necessary to
pay the direct compliance costs incurred by State and local governments
or the agency consults with State and local government officials early
in the process of developing the regulation. Where a regulation has
federalism implications and preempts State law, the agency seeks to
consult with State and local officials in the process of developing the
regulation.
    FRA has analyzed this final rule in accordance with the principles
and criteria contained in Executive Order 13132. This final rule will
not have a substantial direct effect on the States, on the relationship
between the Federal government and the States, or on the distribution
of power and responsibilities among the various levels of government.
FRA has also determined that this final rule will not impose
substantial direct compliance costs on State and local governments.
Therefore, the consultation and funding requirements of Executive Order
13132 do not apply.
    Moreover, FRA notes that RSAC, which provided advice regarding this
final rule, has as permanent members, two organizations representing
State and local interests: AASHTO and ASRSM. Both of these State
organizations concurred with the RSAC

recommendation made in this rulemaking. RSAC regularly provides
recommendations to the Administrator of FRA for solutions to regulatory
issues that reflect significant input from its State members. To date,
FRA has received no indication of concerns about the federalism
implications of this rulemaking from these representatives or from any
other representatives of State government.
    However, this final rule could have preemptive effect by operation
of law under a provision of the former Federal Railroad Safety Act of
1970 (former FRSA), 49 U.S.C 20106 (Sec. 20106). The former FRSA
provides that States may not adopt or continue in effect any law,
regulation, or order related to railroad safety or security that covers
the subject matter of a regulation prescribed or order issued by the
Secretary of Transportation (with respect to railroad safety matters)
or the Secretary of Homeland Security (with respect to railroad
security matters), except when the State law, regulation, or order
qualifies under the ``local safety or security hazard'' exception to
Section 20106.
    In sum, FRA has analyzed this final rule in accordance with the
principles and criteria contained in Executive Order 13132. As
explained above, FRA has determined that this final rule has no
federalism implications, other than the possible preemption of State
laws under the former FRSA. Accordingly, FRA has determined that
preparation of a federalism summary impact statement for this final
rule is not required.

F. Unfunded Mandates Reform Act of 1995

    Pursuant to Section 201 of the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4, 2 U.S.C. 1531), each Federal agency ``shall, unless
otherwise prohibited by law, assess the effects of Federal regulatory
actions on State, local, and tribal governments, and the private sector
(other than to the extent that such regulations incorporate
requirements specifically set forth in law).'' Section 202 of the Act
(2 U.S.C. 1532) further requires that ``before promulgating any general
notice of proposed rulemaking that is likely to result in the
promulgation of any rule that includes any Federal mandate that may
result in the expenditure by State, local, and tribal governments, in
the aggregate, or by the private sector, of $100,000,000 or more
(adjusted annually for inflation) (currently $140,800,000) in any 1
year, and before promulgating any final rule for which a general notice
of proposed rulemaking was published, the agency shall prepare a
written statement'' detailing the effect on State, local, and tribal
governments and the private sector. This final rule will not result in
the expenditure, in the aggregate, of $140,800,000 or more in any one
year, and thus preparation of such a statement is not required.

G. Energy Impact

    Executive Order 13211 requires Federal agencies to prepare a
Statement of Energy Effects for any ``significant energy action.'' See
66 FR 28355, May 22, 2001. Under the Executive Order a ``significant
energy action'' is defined as any action by an agency that promulgates
or is expected to lead to the promulgation of a final rule or
regulation, including notices of inquiry, advance notices of proposed
rulemaking, and notices of proposed rulemaking: (1)(i) That is a
significant regulatory action under Executive Order 12866 or any
successor order, and (ii) is likely to have a significant adverse
effect on the supply, distribution, or use of energy; or (2) that is
designated by the Administrator of the Office of Information and
Regulatory Affairs as a significant energy action. FRA has evaluated
this final rule in accordance with Executive Order 13211. FRA has
determined that this final rule is not likely to have a significant
adverse effect on the supply, distribution, or use of energy.
Consequently, FRA has determined that this final rule is not a
``significant energy action'' within the meaning of the Executive
Order.

H. Privacy Act Statement

    Anyone is able to search the electronic form of all comments
received into any of DOT's dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc). You may review DOT's
complete Privacy Act Statement published in the Federal Register on
April 11, 2000 (Volume 65, Number 70, Pages 19477-78), or you may visit
http://DocketsInfo.dot.gov.

List of Subjects

49 CFR Part 213

    Penalties, Railroad safety, Reporting and recordkeeping
requirements.

49 CFR Part 237

    Penalties, Railroad safety, Bridge safety, Reporting and
recordkeeping requirements.

The Rule

0
In consideration of the foregoing, FRA amends chapter II, subtitle B,
of title 49, Code of Federal Regulations by removing appendix C to part
213 and adding part 237 as follows:

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.

Appendix C to Part 213--[Removed]

0
2. In part 213, remove appendix C.

0
3. Add part 237 to read as follows:

PART 237--BRIDGE SAFETY STANDARDS

Subpart A--General
Sec.
237.1 Application.
237.3 Responsibility for compliance.
237.5 Definitions.
237.7 Penalties.
237.9 Waivers.
Subpart B--Railroad Bridge Safety Assurance
237.31 Adoption of bridge management programs.
237.33 Content of bridge management programs.
Subpart C--Qualifications and Designations of Responsible Persons
237.51 Railroad bridge engineers.
237.53 Railroad bridge inspectors.
237.55 Railroad bridge supervisors.
237.57 Designation of individuals.
Subpart D--Capacity of Bridges
237.71 Determination of bridge load capacities.
237.73 Protection of bridges from over-weight and over-dimension
loads.
Subpart E--Bridge Inspection
237.101 Scheduling of bridge inspections.
237.103 Bridge inspection procedures.
237.105 Special inspections.
237.107 Conduct of bridge inspections.
237.109 Bridge inspection records.
237.111 Review of bridge inspection reports.
Subpart F--Repair and Modification of Bridges
237.131 Design.
237.133 Supervision of repairs and modifications.
Subpart G--Documentation, Records, and Audits of Bridge Management
Programs
237.151 Audits; general.
237.153 Audits of inspections.
237.155 Documents and records.
Appendix A--Supplemental Statement of Agency Policy on the Safety of
Railroad Bridges
Appendix B--Schedule of Civil Penalties

    Authority:  49 U.S.C. 20102-20114; P.L. 110-432, division A,
section 417; 28 U.S.C. 2461, note; and 49 CFR 1.49.

Subpart A--General

Sec.  237.1  Application.

    (a) Except as provided in paragraphs (b) or (c) of this section,
this part applies to all owners of railroad track with a gage of two
feet or more and which is supported by a bridge.
    (b) This part does not apply to bridges on track used exclusively
for rapid transit operations in an urban area that are not connected
with the general railroad system of transportation.
    (c) This part does not apply to bridges located within an
installation which is not part of the general railroad system of
transportation and over which trains are not operated by a railroad.

Sec.  237.3  Responsibility for compliance.

    (a) Except as provided in paragraph (b) of this section, an owner
of track to which this part applies is responsible for compliance.
    (b) If an owner of track to which this part applies assigns
responsibility for the bridges that carry the track to another person
(by lease or otherwise), written notification of the assignment shall
be provided to the appropriate FRA Regional Office at least 30 days in
advance of the assignment. The notification may be made by any party to
that assignment, but shall be in writing and include the following--
    (1) The name and address of the track owner;
    (2) The name and address of the person to whom responsibility is
assigned (assignee);
    (3) A statement of the exact relationship between the track owner
and the assignee;
    (4) A precise identification of the track segment and the
individual bridges in the assignment;
    (5) A statement as to the competence and ability of the assignee to
carry out the bridge safety duties of the track owner under this part;
and
    (6) A statement signed by the assignee acknowledging the assignment
to him of responsibility for purposes of compliance with this part.
    (c) The Administrator may hold the track owner or the assignee, or
both, responsible for compliance with this part and subject to
penalties under Sec.  237.7.
    (d) A common carrier by railroad which is directed by the Surface
Transportation Board to provide service over the track of another
railroad under 49 U.S.C. 11123 is considered the owner of that track
for the purposes of the application of this part during the period the
directed service order remains in effect.
    (e) When any person, including a contractor for a railroad or track
owner, performs any function required by this part, that person is
required to perform that function in accordance with this part.
    (f) Where an owner of track to which this part applies has
previously assigned responsibility for a segment of track to another
person as prescribed in 49 CFR 213.5(c), additional notification to FRA
is not required.
    (g) FRA reserves the right to reject an assignment of
responsibility under Sec.  237.3(b) for cause shown.

Sec.  237.5  Definitions.

    For the purposes of this part--
    Bridge modification means a change to the configuration of a
railroad bridge that affects the load capacity of the bridge.
    Bridge repair means remediation of damage or deterioration which
has affected the structural integrity of a railroad bridge.
    Railroad bridge means any structure with a deck, regardless of
length, which supports one or more railroad tracks, or any other
undergrade structure with an individual span length of 10 feet or more
located at such a depth that it is affected by live loads.
    Track owner means a person responsible for compliance in accordance
with Sec.  237.3.

Sec.  237.7  Penalties.

    (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 $650 and not more than $25,000 per violation, except that:
Penalties may be assessed against individuals only for willful
violations, and, where a grossly negligent violation or a pattern of
repeated violations has created an imminent hazard of death or injury
to persons, or has caused death or injury, a penalty not to exceed
$100,000 per violation may be assessed. ``Person'' means an entity of
any type covered under 1 U.S.C. 1, including but not limited to the
following: A railroad; a manager, supervisor, official, or other
employee or agent of a railroad; any owner, manufacturer, lessor, or
lessee of railroad equipment, track, or facilities; any independent
contractor providing goods or services to a railroad; any employee of
such owner, manufacturer, lessor, lessee, or independent contractor;
and anyone held by the Administrator of the Federal Railroad
Administration to be responsible under Sec.  237.3(d). Each day a
violation continues shall constitute a separate offense. See Appendix B
to this part for a statement of agency civil penalty policy.
    (b) Any 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.

Sec.  237.9  Waivers.

    (a) Any person subject to a requirement of this part may petition
the Administrator for a waiver of compliance with such requirement. The
filing of such a petition does not affect that person's responsibility
for compliance with that requirement while the petition is being
considered.
    (b) Each petition for waiver must be filed in the manner and
contain the information required by part 211 of this chapter.
    (c) 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 the
Administrator deems necessary. If a waiver is granted, the
Administrator publishes a notice in the Federal Register containing the
reasons for granting the waiver.

Subpart B--Railroad Bridge Safety Assurance

Sec.  237.31  Adoption of bridge management programs.

    Each track owner shall adopt a bridge safety management program to
prevent the deterioration of railroad bridges by preserving their
capability to safely carry the traffic to be operated over them, and
reduce the risk of human casualties, environmental damage, and
disruption to the Nation's railroad transportation system that would
result from a catastrophic bridge failure, not later than the dates in
the following schedule:
    (a) March 14, 2011: Class I carriers;
    (b) March 14, 2011: Owners of track segments which are part of the
general railroad system of transportation and which carry more than ten
scheduled passenger trains per week;
    (c) September 13, 2011: Class II carriers to which paragraph (b) of
this section does not apply; and
    (d) September 13, 2012: All other track owners subject to this part
and not described paragraphs (a) through (c) of this section.

Sec.  237.33  Content of bridge management programs.

    Each bridge management program adopted in compliance with this part
shall include, as a minimum, the following:
    (a) An accurate inventory of railroad bridges, which shall include
a unique identifier for each bridge, its location,

configuration, type of construction, number of spans, span lengths, and
all other information necessary to provide for the management of bridge
safety;
    (b) A record of the safe load capacity of each bridge;
    (c) A provision to obtain and maintain the design documents of each
bridge if available, and to document all repairs, modifications, and
inspections of each bridge; and
    (d) A bridge inspection program covering as a minimum:
    (1) Inspection personnel safety considerations;
    (2) Types of inspection including required detail;
    (3) Definitions of defect levels along with associated condition
codes if condition codes are used;
    (4) The method of documenting inspections including standard forms
or formats;
    (5) Structure type and component nomenclature; and
    (6) Numbering or identification protocol for substructure units,
spans, and individual components.

Subpart C--Qualifications and Designations of Responsible Persons

Sec.  237.51  Railroad bridge engineers.

    (a) A railroad bridge engineer shall be a person who is determined
by the track owner to be competent to perform the following functions
as they apply to the particular engineering work to be performed:
    (1) Determine the forces and stresses in railroad bridges and
bridge components;
    (2) Prescribe safe loading conditions for railroad bridges;
    (3) Prescribe inspection and maintenance procedures for railroad
bridges; and
    (4) Design repairs and modifications to railroad bridges.
    (b) The educational qualifications of a railroad bridge engineer
shall include either:
    (1) A degree in engineering granted by a school of engineering with
at least one program accredited by ABET, Inc. or its successor
organization as a professional engineering curriculum, or a degree from
a program accredited as a professional engineering curriculum by a
foreign organization recognized by ABET, Inc. or its successor; or
    (2) Current registration as a professional engineer.
    (c) Nothing in this part affects the States' authority to regulate
the professional practice of engineering.

Sec.  237.53  Railroad bridge inspectors.

    A railroad bridge inspector shall be a person who is determined by
the track owner to be technically competent to view, measure, report
and record the condition of a railroad bridge and its individual
components which that person is designated to inspect. An inspector
shall be designated to authorize or restrict the operation of railroad
traffic over a bridge according to its immediate condition or state of
repair.

Sec.  237.55  Railroad bridge supervisors.

    A railroad bridge supervisor shall be a person, regardless of
position title, who is determined by the track owner to be technically
competent to supervise the construction, modification or repair of a
railroad bridge in conformance with common or particular
specifications, plans and instructions applicable to the work to be
performed, and to authorize or restrict the operation of railroad
traffic over a bridge according to its immediate condition or state of
repair.

Sec.  237.57  Designations of individuals.

    Each track owner shall designate those individuals qualified as
railroad bridge engineers, railroad bridge inspectors and railroad
bridge supervisors. Each individual designation shall include the basis
for the designation in effect and shall be recorded.

Subpart D--Capacity of Bridges

Sec.  237.71  Determination of bridge load capacities.

    (a) Each track owner shall determine the load capacity of each of
its railroad bridges. The load capacity need not be the ultimate or
maximum load capacity, but must be a safe load capacity.
    (b) The load capacity of each bridge shall be documented in the
track owner's bridge management program, together with the method by
which the capacity was determined.
    (c) The determination of load capacity shall be made by a railroad
bridge engineer using appropriate engineering methods and standards
that are particularly applicable to railroad bridges.
    (d) Bridge load capacity may be determined from existing design and
modification records of a bridge, provided that the bridge
substantially conforms to its recorded configuration. Otherwise, the
load capacity of a bridge shall be determined by measurement and
calculation of the properties of its individual components, or other
methods as determined by a railroad bridge engineer.
    (e) If a track owner has a group of bridges for which the load
capacity has not already been determined, the owner shall schedule the
evaluation of those bridges according to their relative priority, as
established by a railroad bridge engineer. The initial determination of
load capacity shall be completed not later than five years following
the required date for adoption of the track owner's bridge management
program in conformance with Sec.  237.31.
    (f) Where a bridge inspection reveals that, in the determination of
the railroad bridge engineer, the condition of a bridge or a bridge
component might adversely affect the ability of the bridge to carry the
traffic being operated, a new capacity shall be determined.
    (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.  237.73  Protection of bridges from over-weight and over-dimension
loads.

    (a) Each track owner shall issue instructions to the personnel who
are responsible for the configuration 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 of 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  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 than provided for
in the bridge management program 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 a 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.  237.103  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; 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.  237.105  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 a 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.  237.107  Conduct of bridge inspections.

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

Sec.  237.109  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 the date the record is created, and
it will be 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 physical 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;
    (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; and
    (7) When an inspection does not encompass the entire bridge, the
portions of the bridge which were inspected shall be identified in the
report.
    (d) An initial report of each bridge inspection shall be placed in
the location designated in the bridge management program within 30
calendar days of the completion of the inspection unless the complete
inspection report is filed first. 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 120 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. Records of underwater inspections shall be retained until
the completion and review of the next underwater inspection of the
bridge.
    (g) If a bridge inspector, supervisor, or engineer discovers a
deficient condition on a bridge that affects the immediate safety of
train operations, that person shall report the condition as promptly as
possible to the person who controls the operation of trains on the
bridge in order to protect the safety of train operations.

Sec.  237.111  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 or
frequency 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  Design.

    Each repair or modification which materially modifies the capacity
of a bridge or the stresses in any primary load-carrying component of a
bridge 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. Where the common standard addresses procedures and methods
that could materially modify the capacity of a bridge or the stresses
in any primary load-carrying component of a bridge, the standard shall
be designed and issued by a qualified railroad bridge engineer.

Sec.  237.133  Supervision of repairs and modifications.

    Each repair or modification pursuant to this part shall be
performed under the immediate supervision of a railroad bridge
supervisor as defined in Sec.  237.55 of this part 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  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.  237.153  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.  237.155  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 track owner 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 track owner monitors its electronic records database
through sufficient number of monitoring indicators to ensure a high
degree of accuracy of these records;
    (4) The track owner shall train its employees who use the system on
the proper use of the electronic recordkeeping system; and
    (5) The track owner 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 bridge inspection records
must be protected by a security system that incorporates a user
identity and password, or a comparable method, to establish appropriate
levels of program and record data 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 Statement of Agency 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, Bridge Safety Standards, many of the non-regulatory
provisions in that Policy Statement have been incorporated into the
bridge safety standards in this part.
    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.  237.3, ``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. They
do not have the force of regulations or orders, which FRA may
enforce using civil penalties or other means. The guidelines
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.  237.3.
    (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.  237.71.
    (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.  237.73.
    (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.  237.33.
    (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.
237.101. Section 237.101(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.  237.105.
    10. Railroad bridge inspection records.
    (a) The requirements for recording and reporting bridge
inspections are found in Sec.  237.109.
    (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.  237.111.
    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.  237.101.
    (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
neither the bridge nor 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 determinations regarding
the integrity of the track owner's bridges. The designations 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;
    (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 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; including:
    (i) Bridge experience or appropriate educational training;
    (ii) Training on bridge inspection procedures; and
    (iii) Training on Railroad Workplace Safety; and
    (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; and
    (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

         Appendix B to Part 237--Schedule of Civil Penalties \1\
------------------------------------------------------------------------
                                                              Willful
               Section \2\                   Violation       violation
------------------------------------------------------------------------
               Subpart B--Railroad Bridge Safety Assurance
------------------------------------------------------------------------
237.31 Adoption of bridge management              $9,500         $17,000
 program................................
237.33 Content of bridge management
 program:
     (a) Inventory of railroad bridges..           2,500           5,000
     (b) Record of safe load capacity...           5,500          10,000
     (c) Provision to obtain and
     maintain:
         (i) Design documents...........           5,500          10,000
         (ii) Documentation of repairs             2,500           5,000
         and modifications..............
         (iii) Inspection reports.......           2,500           5,000
     (d) Bridge inspection program                 2,500           5,000
     content............................
------------------------------------------------------------------------
     Subpart C--Qualification and Designation of Responsible Persons
------------------------------------------------------------------------
237.51 Railroad bridge engineers:
     (a) Competency.....................           5,500          10,000
     (b) Educational qualification......           2,500           5,000
237.53 Railroad bridge inspectors.......           5,500          10,000
237.55 Railroad bridge supervisors......           5,500          10,000
237.57 Designation of individuals.......           2,500           5,000
------------------------------------------------------------------------
                     Subpart D--Capacity of Bridges
========================================================================
237.71 Determination of bridge load capacities:
     (a) Safe load capacity.............................................
     (b) Load capacity documented.......................................
     (c) Load capacity determined by a railroad bridge engineer.........
     (d) Method of load capacity determination..........................
     (e) Prioritization of load capacity determination..................
     (f) New load capacity determined due to change in condition........
     (g) Load capacity stated in terms of weight and length of equipment
     (h) Restriction on operations by railroad bridge engineer..........
237.73 Protection of bridges from over-weight and over-dimension
 equipment:
     (a) Instructions issued............................................
     (b) Weight instructions............................................

     (c) Dimensional instructions.......................................
     (d) Incorrect instructions issued..................................
------------------------------------------------------------------------
                      Subpart E--Bridge Inspection
------------------------------------------------------------------------
237.101 Scheduling of bridge
 inspections:
     (a) Scheduling:
         (i) Failure to inspect.........           9,500          17,000
         (ii) Inspection within calendar           2,500           5,000
         year...........................
         (iii) Inspection frequency                2,500           5,000
         exceeding 540 days.............
     (b) Increased inspection frequency.           5,500          10,000
     (c) Special inspections............           2,500           5,000
     (d) Resumption of railroad                    9,500          17,000
     operations prior to inspection &
     review.............................
237.103 Bridge inspection procedures....           2,500           5,000
237.105 Special inspections:
     (a) Procedures to protect train               2,500           5,000
     operations and requiring special
     inspections........................
     (b) Provision for the detection of            2,500           5,000
     scour or underwater deterioration..
237.107 Conduct of bridge inspections...           5,500          10,000
237.109 Bridge inspection records:
     (a) Record of inspection...........           2,500           5,000
     (b) Inspection record:
         (i) Certification and date.....           2,500           5,000
         (ii) Falsification.............  ..............          17,000
     (c) Inspection record information..           2,500           5,000
     (d) Initial report within 30 days..           2,500           5,000
     (e) Final inspection report within            2,500           5,000
     120 calendar days..................
     (f) Retention......................           2,500           5,000
     (g) Prompt reporting of dangerous             5,500          10,000
     conditions.........................
237.111 Review of bridge inspection
 reports.
     (a) Review by railroad bridge                 2,500           5,000
     engineers and supervisors..........
     (b) Appropriate action concerning             5,500          10,000
     present or potential safety hazards
     (c) Modification of inspection                2,500           5,000
     frequency or procedures............
     (d) Scheduling remedial action.....           2,500           5,000
     (e) Higher-level review............           2,500           5,000
------------------------------------------------------------------------
              Subpart F--Repair and Modification of Bridges
------------------------------------------------------------------------
237.131 Design..........................           5,500          10,000
237.133 Supervision of repairs and                 5,500          10,000
 modifications..........................
------------------------------------------------------------------------
    Subpart G--Documentation, Records and Audits of Bridge Management
                                Programs
------------------------------------------------------------------------
237.151 Audits; general.................           2,500           5,000
237.153 Audits of inspections...........           2,500           5,000
237.155 Documents and records:
     (a) Electronic recordkeeping,                 2,500           5,000
     general............................
     (b) System security................           2,500           5,000
------------------------------------------------------------------------
\1\ A penalty may be assessed against an individual only for a willful
  violation. The Administrator reserves the right to assess a penalty of
  up to $100,000 for any violation where circumstances warrant. See 49
  CFR part 209, appendix A.
\2\ The penalty schedule uses section numbers from 49 CFR part 237. If
  more than one item is listed as a type of violation of a given
  section, each item is also designated by a ``penalty code,'' which is
  used to facilitate assessment of civil penalties, and which may or may
  not correspond to any subsection designation(s). For convenience,
  penalty citations will cite the CFR section and the penalty code, if
  any. FRA reserves the right, should litigation become necessary, to
  substitute in its complaint the CFR citation in place of the combined
  CFR and penalty code citation, should they differ.

    Issued in Washington, DC, on July 7, 2010.
Joseph C. Szabo,
Administrator, Federal Railroad Administration.
[FR Doc. 2010-16929 Filed 7-14-10; 8:45 am]
BILLING CODE 4910-06-P