49 CFR 237, Appendix B to Part 237 - Schedule of Civil Penalties1
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Pt. 237, App. B
Appendix B to Part 237—Schedule of Civil Penalties1
| Section 2 | Violation | Willful violation |
|---|---|---|
| Subpart B—Railroad Bridge Safety Assurance | ||
| 237.31Adoption of bridge management program | $9,500 | $17,000 |
| 237.33Content of bridge management program: | ||
| (a) Inventory of railroad bridges | 2,500 | 5,000 |
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| (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 and modifications | 2,500 | 5,000 |
| (iii) Inspection reports | 2,500 | 5,000 |
| (d) Bridge inspection program content | 2,500 | 5,000 |
| Subpart C—Qualification and Designation of Responsible Persons | ||
| 237.51Railroad bridge engineers: | ||
| (a) Competency | 5,500 | 10,000 |
| (b) Educational qualification | 2,500 | 5,000 |
| 237.53Railroad bridge inspectors | 5,500 | 10,000 |
| 237.55Railroad bridge supervisors | 5,500 | 10,000 |
| 237.57Designation of individuals | 2,500 | 5,000 |
| Subpart D—Capacity of Bridges | ||
| 237.71Determination of bridge load capacities: | ||
| (a) Safe load capacity | 5,500 | 10,000 |
| (b) Load capacity documented | 5,500 | 10,000 |
| (c) Load capacity determined by a railroad bridge engineer | 5,500 | 10,000 |
| (d) Method of load capacity determination | 2,500 | 5,000 |
| (e) Prioritization of load capacity determination | 2,500 | 5,000 |
| (f) New load capacity determined due to change in condition | 2,500 | 5,000 |
| (g) Load capacity stated in terms of weight and length of equipment | 2,500 | 5,000 |
| (h) Restriction on operations by railroad bridge engineer | 5,500 | 10,000 |
| 237.73Protection of bridges from over-weight and over-dimension equipment: | ||
| (a) Instructions issued | 5,500 | 10,000 |
| (b) Weight instructions | 2,500 | 5,000 |
| (c) Dimensional instructions | 2,500 | 5,000 |
| (d) Incorrect instructions issued | 2,500 | 5,000 |
| Subpart E—Bridge Inspection | ||
| 237.101Scheduling of bridge inspections: | ||
| (a) Scheduling: | ||
| (i) Failure to inspect | 9,500 | 17,000 |
| (ii) Inspection within calendar year | 2,500 | 5,000 |
| (iii) Inspection frequency exceeding 540 days | 2,500 | 5,000 |
| (b) Increased inspection frequency | 5,500 | 10,000 |
| (c) Special inspections | 2,500 | 5,000 |
| (d) Resumption of railroad operations prior to inspection & review | 9,500 | 17,000 |
| 237.103Bridge inspection procedures | 2,500 | 5,000 |
| 237.105Special inspections: | ||
| (a) Procedures to protect train operations and requiring special inspections | 2,500 | 5,000 |
| (b) Provision for the detection of scour or underwater deterioration | 2,500 | 5,000 |
| 237.107Conduct of bridge inspections | 5,500 | 10,000 |
| 237.109Bridge 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 120 calendar days | 2,500 | 5,000 |
| (f) Retention | 2,500 | 5,000 |
| (g) Prompt reporting of dangerous conditions | 5,500 | 10,000 |
| 237.111Review of bridge inspection reports. | ||
| (a) Review by railroad bridge engineers and supervisors | 2,500 | 5,000 |
| (b) Appropriate action concerning present or potential safety hazards | 5,500 | 10,000 |
| (c) Modification of inspection frequency or procedures | 2,500 | 5,000 |
| (d) Scheduling remedial action | 2,500 | 5,000 |
| (e) Higher-level review | 2,500 | 5,000 |
| Subpart F—Repair and Modification of Bridges | ||
| 237.131Design | 5,500 | 10,000 |
| 237.133Supervision of repairs and modifications | 5,500 | 10,000 |
| Subpart G—Documentation, Records and Audits of Bridge Management Programs | ||
| 237.151Audits; general | 2,500 | 5,000 |
| 237.153Audits of inspections | 2,500 | 5,000 |
| 237.155Documents and records: | ||
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| (a) Electronic recordkeeping, general | 2,500 | 5,000 |
| (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 qart 209 , appendix A. | ||
| 2 The penalty schedule uses section numbers from 49 CFR qart 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. | ||
Title 49 published on 2012-10-01
no entries appear in the Federal Register after this date.
