MRMTC Tabletop Workshop Reference Documents

non-regulatory guidelines to inform railroad managers and all concerned about current good practices related to bridge inspection and management. The guidelines accommodate a wide variety of effective bridge inspection and management methods. Even without specific bridge safety regulations, FRA maintains authority under 49 U.S.C. 20101 et seq. (formerly the Federal Railroad Safety Act of 1970) to inspect any railroad facility that affects safety and, if necessary, to remove it from service. The guidelines represent the general criteria against which FRA will evaluate each railroad's bridge inspection and management program. FRA does not expect that its policy will unnecessarily divert resources away from the functional work of bridge management by forcing railroads to change effective bridge management programs. Likewise, the policy should not require FRA to divert public resources to employ a large staff of bridge specialists. FRA will revise the guidelines as necessary to accomplish the objectives of the bridge safety program. To that end, FRA will continue to monitor and evaluate the railroads' bridge inspection and management programs to guarantee that those responsible for the safety of bridges continue to meet their responsibilities. FRA will make its findings available to the public upon request, excluding any proprietary information received and identified as such. Should FRA find through its monitoring that widespread bridge structural problems have developed, it may use the information it has gathered to commence a rulemaking proceeding. The purpose of this notice is to issue an interim statement of policy containing guidelines for the proper maintenance of bridge structures. It is meant to be advisory in nature; it does not have the force of regulations under which FRA ordinarily issues violations and assesses civil penalties. However, FRA maintains emergency authority to issue emergency, compliance, and disqualification orders, as well as authority to seek injunctive relief in federal district court, under 49 U.S.C. 20104 (formerly known as the Federal Rail Safety Act of 1970) and 49 CFR part 209. FRA will exercise this authority when an unsafe condition or improper maintenance of a railroad bridge creates an imminent hazard of death or injury to persons. Furthermore, should FRA, in the future, find the need to address bridge integrity in a regulatory proceeding, it will do so. Following the comment period, FRA will issue any necessary changes to the interim statement of policy. The notice of changes will appear simultaneously with the Notice of Final Rule for the proceeding amending the track safety standards in 49 CFR part 213, begun in November, 1992. (See 57 FR 54038, November 16, 1992.) Except as modified in response to the comments, this interim statement of policy will become a final statement of policy at that time. Because the interim statement of policy is advisory in nature, notice and public participation are not required. However, the public is invited to submit comments within 30 days following its publication. FRA would appreciate comments about its plan to issue a statement of policy rather than regulations governing railroad bridge maintenance. FRA would also welcome comments about the value of permanently placing the statement of policy in a new appendix to 49 CFR part 213. Finally, FRA would like comments about the guidelines themselves and their value as criteria in deciding whether stronger enforcement action on particular railroad bridges is warranted. Comments received after the 30-day deadline will be considered if it is possible to do so without incurring additional delay or expense. Public Participation Effect of This Interim Statement of Policy

20

Made with FlippingBook - Online Brochure Maker