1、757 Federal Railroad Administration, DOT Pt. 237 other previously agreed-upon controlling documents or standards. (b) The supplier may request advice and as-sistance of the independent third-party re-viewer concerning the actions identified in paragraphs (c) through (g) of this appendix. However, th
2、e reviewer should not engage in design efforts in order to preserve the re-viewers independence and maintain the sup-pliers proprietary right to the PTC system. (c) The supplier shall provide the reviewer access to any and all documentation that the reviewer requests and attendance at any de-sign re
3、view or walkthrough that the re-viewer determines as necessary to complete and accomplish the third party assessment. The reviewer may be accompanied by rep-resentatives of FRA as necessary, in FRAs judgment, for FRA to monitor the assess-ment. (d) The reviewer shall evaluate with re-spect to safety
4、 and comment on the ade-quacy of the processes which the supplier ap-plies to the design and development of the PTC system. At a minimum, the reviewer shall evaluate the supplier design and devel-opment process regarding the use of an ap-propriate design methodology. The reviewer may use the compari
5、son processes and test procedures that have been previously agreed to with FRA. Based on these analyses, the reviewer shall identify and document any significant safety vulnerabilities which are not adequately mitigated by the suppliers (or users) processes. Finally, the reviewer shall evaluate the
6、adequacy of the railroads applicable PSP or PTCSP, and any other documents pertinent to the PTC system being assessed. (e) The reviewer shall analyze the Hazard Log and/or any other hazard analysis docu-ments for comprehensiveness and compli-ance with railroad, vendor, supplier, indus-try, national,
7、 or international standards. (f) The reviewer shall analyze all Fault Tree Analyses (FTA), Failure Mode and Ef-fects Criticality Analysis (FMECA), and other hazard analyses for completeness, cor-rectness, and compliance with railroad, ven-dor, supplier, industry, national, or inter-national standard
8、s. (g) The reviewer shall randomly select var-ious safety-critical software modules, as well as safety-critical hardware components if re-quired by FRA for audit to verify whether the railroad, vendor, supplier, industry, na-tional, or international standards were fol-lowed. The number of modules au
9、dited must be determined as a representative number sufficient to provide confidence that all unaudited modules were developed in compli-ance with railroad, vendor, supplier, indus-try, national, or international standards (h) The reviewer shall evaluate and com-ment on the plan for installation and
10、 test procedures of the PTC system for revenue service. (i) The reviewer shall prepare a final report of the assessment. The report shall be sub-mitted to the railroad prior to the com-mencement of installation testing and con-tain at least the following information: (1) Reviewers evaluation of the
11、adequacy of the PSP or PTCSP including the sup-pliers MTTHE and risk estimates for the PTC system, and the suppliers confidence interval in these estimates; (2) PTC system vulnerabilities, potentially hazardous failure modes, or potentially haz-ardous operating circumstances which the reviewer felt
12、were not adequately identified, tracked or mitigated; (3) A clear statement of position for all parties involved for each PTC system vulner-ability cited by the reviewer; (4) Identification of any documentation or information sought by the reviewer that was denied, incomplete, or inadequate; (5) A l
13、isting of each applicable vendor, sup-plier, industry, national or international standard, process, or procedure which was not properly followed; (6) Identification of the hardware and soft-ware verification and validation procedures for the PTC systems safety-critical applica-tions, and the reviewe
14、rs evaluation of the adequacy of these procedures; (7) Methods employed by PTC system man-ufacturer to develop safety-critical software; and (8) If directed by FRA, methods employed by PTC system manufacturer to develop safety-critical hardware. 75 FR 2721, Jan. 15, 2010 PART 237BRIDGE SAFETY STANDA
15、RDS Subpart AGeneral Sec. 237.1 Application. 237.3 Responsibility for compliance. 237.5 Definitions. 237.7 Penalties. 237.9 Waivers. Subpart BRailroad Bridge Safety Assurance 237.31 Adoption of bridge management pro-grams. 237.33 Content of bridge management pro-grams. Subpart CQualifications and De
16、signations of Responsible Persons 237.51 Railroad bridge engineers. 237.53 Railroad bridge inspectors. 237.55 Railroad bridge supervisors. 237.57 Designation of individuals. VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00767 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBL
17、C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-758 49 CFR Ch. II (10110 Edition) 237.1 Subpart DCapacity of Bridges 237.71 Determination of bridge load capac-ities. 237.73 Protection of bridges from over- weight and over-dimension loa
18、ds. Subpart EBridge 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 FRepair and Modification of Bridg
19、es 237.131 Design. 237.133 Supervision of repairs and modifica-tions. Subpart GDocumentation, Records, and Audits of Bridge Management Programs 237.151 Audits; general. 237.153 Audits of inspections. 237.155 Documents and records. APPENDIX ASUPPLEMENTAL STATEMENT OF AGENCY POLICY ON THE SAFETY OF RA
20、IL-ROAD BRIDGES APPENDIX BSCHEDULE OF CIVIL PENALTIES AUTHORITY: 49 U.S.C. 2010220114; P.L. 110 432, division A, section 417; 28 U.S.C. 2461, note; and 49 CFR 1.49. SOURCE: 75 FR 41302, July 15, 2010, unless otherwise noted. Subpart AGeneral 237.1 Application. (a) Except as provided in paragraphs (b
21、) or (c) of this section, this part ap-plies 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 rai
22、lroad system of transpor-tation. (c) This part does not apply to bridges located within an installation which is not part of the general rail-road system of transportation and over which trains are not operated by a rail-road. 237.3 Responsibility for compliance. (a) Except as provided in paragraph
23、(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 an-other person (by lease or otherwise), written notification of the assignment shall be
24、 provided to the appropriate FRA Regional Office at least 30 days in advance of the assignment. The notifi-cation may be made by any party to that assignment, but shall be in writ-ing and include the following (1) The name and address of the track owner; (2) The name and address of the per-son to wh
25、om responsibility is assigned (assignee); (3) A statement of the exact relation-ship 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
26、 the bridge safety duties of the track owner under this part; and (6) A statement signed by the as-signee 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 complian
27、ce with this part and subject to penalties under 237.7. (d) A common carrier by railroad which is directed by the Surface Trans-portation 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 ap-plication of th
28、is part during the period the directed service order remains in effect. (e) When any person, including a con-tractor 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
29、to which this part applies has previously as-signed responsibility for a segment of track to another person as prescribed in 49 CFR 213.5(c), additional notifica-tion to FRA is not required. VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00768 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jd
30、jones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-759 Federal Railroad Administration, DOT 237.31 (g) FRA reserves the right to reject an assignment of responsibility under 237.3(b) for cause shown. 237.5 Definitions. Fo
31、r 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 af-fected the structural integrity of a railroad bridge. Railroad bridge means a
32、ny structure with a deck, regardless of length, which supports one or more railroad tracks, or any other undergrade struc-ture 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 respon-sible for compliance in accord
33、ance with 237.3. 237.7 Penalties. (a) Any person who violates any re-quirement 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 vio-lation, except that: Penalties may be assessed against individuals only for wil
34、lful violations, and, where a grossly negligent violation or a pattern of re-peated violations has created an immi-nent hazard of death or injury to per-sons, or has caused death or injury, a penalty not to exceed $100,000 per viola-tion may be assessed. Person means an entity of any type covered un
35、der 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, man-ufacturer, lessor, or lessee of railroad equipment, track, or facilities; any independent contractor providing goods or services to a rail
36、road; any em-ployee of such owner, manufacturer, lessor, lessee, or independent con-tractor; and anyone held by the Admin-istrator of the Federal Railroad Ad-ministration to be responsible under 237.3(d). Each day a violation con-tinues shall constitute a separate of-fense. See Appendix B to this pa
37、rt for a statement of agency civil penalty pol-icy. (b) Any person who knowingly and willfully falsifies a record or report re-quired by this part may be subject to criminal penalties under 49 U.S.C. 21311. 237.9 Waivers. (a) Any person subject to a require-ment of this part may petition the Ad-mini
38、strator for a waiver of compliance with such requirement. The filing of such a petition does not affect that persons responsibility for compliance with that requirement while the peti-tion is being considered. (b) Each petition for waiver must be filed in the manner and contain the in-formation requ
39、ired 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
40、 publishes a notice in the Federal Reg-ister containing the reasons for grant-ing the waiver. Subpart BRailroad Bridge Safety Assurance 237.31 Adoption of bridge manage-ment programs. Each track owner shall adopt a bridge safety management program to prevent the deterioration of railroad bridges by
41、preserving their capability to safely carry the traffic to be oper-ated over them, and reduce the risk of human casualties, environmental dam-age, and disruption to the Nations railroad transportation system that would result from a catastrophic bridge failure, not later than the dates in the follow
42、ing 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 car-riers to which paragraph (b) of thi
43、s sec-tion does not apply; and (d) September 13, 2012: All other track owners subject to this part and VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00769 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networki
44、ng permitted without license from IHS-,-,-760 49 CFR Ch. II (10110 Edition) 237.33 not described paragraphs (a) through (c) of this section. 237.33 Content of bridge manage-ment programs. Each bridge management program adopted in compliance with this part shall include, as a minimum, the fol-lowing:
45、 (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
46、 capacity of each bridge; (c) A provision to obtain and main-tain 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 cov-ering as a minimum: (1) Inspection personnel safety con-siderations;
47、 (2) Types of inspection including re-quired detail; (3) Definitions of defect levels along with associated condition codes if con-dition codes are used; (4) The method of documenting in-spections including standard forms or formats; (5) Structure type and component no-menclature; and (6) Numbering
48、or identification pro-tocol for substructure units, spans, and individual components. Subpart CQualifications and Designations of Responsible Persons 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 per-form th
49、e following functions as they apply to the particular engineering work to be performed: (1) Determine the forces and stresses in railroad bridges and bridge compo-nents; (2) Prescribe safe loading conditions for railroad bridges; (3) Prescribe inspection and mainte-nance procedures for railroad bridges; and (4) Design repairs and modifications to railroad bridges. (b) The educational qualifications of a railroad bridge engineer shall inc
