49 CFR Part 237, Appendix B to Part 237 - Schedule of Civil Penalties1

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View PDF at GPO Pt. 237, App. B
Appendix B to Part 237—Schedule of Civil Penalties1
Section 2 Violation Willful violation
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 $105,000 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.
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
(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:
(a) Electronic recordkeeping, general 2,500 5,000
(b) System security 2,500 5,000
[75 FR 41302, July 15, 2010, as amended at 77 FR 24422, Apr. 24, 2012]

Title 49 published on 2013-10-01

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