Appendix B to Part 237 - Schedule of Civil Penalties 1

Appendix B to Part 237 - Schedule of Civil Penalties¹

Section2	Violation	Willful violation
Subpart B - Railroad Bridge Safety Assurance
237.31 Adoption of bridge management program	$9,500	$17,000
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 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
237.51 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	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
237.73 Protection 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
237.101 Scheduling 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
237.103 Bridge inspection procedures	2,500	5,000
237.105 Special 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
237.107 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 120 calendar days	2,500	5,000
(f) Retention	2,500	5,000
(g) Prompt reporting of dangerous conditions	5,500	10,000
237.111 Review 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
237.131 Design	5,500	10,000
237.133 Supervision of repairs and modifications	5,500	10,000
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, 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 the statutory maximum amount 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.

[75 FR 41302, July 15, 2010, as amended at 77 FR 24422, Apr. 24, 2012; 81 FR 43112, July 1, 2016; 83 FR 60749, Nov. 27, 2018]