237.3—Responsibility for compliance.
(a)
Except as provided in paragraph (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 another person (by lease or otherwise), written notification of the assignment shall be provided to the appropriate FRA Regional Office at least 30 days in advance of the assignment. The notification may be made by any party to that assignment, but shall be in writing and include the following—
(5)
A statement as to the competence and ability of the assignee to carry out the bridge safety duties of the track owner under this part; and
(6)
A statement signed by the assignee 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 compliance with this part and subject to penalties under § 237.7.
(d)
A common carrier by railroad which is directed by the Surface Transportation 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 application of this part during the period the directed service order remains in effect.
(e)
When any person, including a contractor 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 to which this part applies has previously assigned responsibility for a segment of track to another person as prescribed in 49 CFR 213.5(c), additional notification to FRA is not required.
(g)
FRA reserves the right to reject an assignment of responsibility under § 237.3(b) for cause shown.