Document mBQy8DEDMydnj29ovnoaLOe5J

TO: Bob Lamons Interoffice Communication FROM: DATE: SUBJ: ! Tom Grumbles March 21, 1985 MSDS REVISIONS VIST/ Revisions are necessary on the LPA and Aluminum Chloride Sheets. I have enclosed a copy of the affected pages with the necessary changes/additions indicated. Please forward this work to Graphix for me. Thanks. Thomas G. Grumbles Enclosure \ VVV 000015842 TO: J. J. Hall JJH: JCL: 'TGGr^ rf ^ XF;_____ Interoffice Communication FROM: DATE: SUBJ: Tom Grumbles March 20, 1985 FRA INSPECTION GUIDELINES Based on Phil Carey's memo and further research regarding FRA activities, the following is a summary of the FRA's authority and powers. In general, like many other federal agencies, the FRA has broad powers and authority in the following areas: Investigative and Surveillance Activities; Compliance and Rulemaking. Investigative and Surveillance Activities FRA inspectors have broad authority to inspect and investigate railroad equipment and operations to promote general safety, reduce railroad related accidents, monitor compliance with applicable railroad regulations, and research special inquiries or potential problems. In short, they do have statutory authority to enter our plants to inspect rail equipment and certain procedures. Compliance Activities The FRA may issue criminal and civil penalties for violations of applicable regulations, in particular hazardous materials regulations, as they relate to rail equipment and activities. The civil penalties can be up to $10,000 per violation and $10,000 per day for a continuing violation. Criminal penalties can be up to $25,000 per violation and result in prosecution (49 CFR 209.101-.133) FRA enforcement also includes the authority to issue compliance orders. There are procedures for these activities which specify appeal and hearing procedures. (49 CFR 209.203-.215). Rulemaking The FRA has authority to promulgate regulations according to procedures specified in 49 CFR 211. These procedures include public participation and comment. To assure VISTA's interests and rights are protected in matters relating to FRA inspection and enforcement activities, it has been recommended that guidelines be developed for VISTA employees potentially dealing with FRA personnel. I would propose the following outline. I.) General Introduction: Description of FRA authority and use of the guidelines. VVV 000015843 II.) When the FRA Man Arrives: Specific activities such as: ask for credentials; determine purpose of visit; agree to scope of inspection or activity on-site; assure routine plant entry procedures are followed; call appropriate Houston or rail operations person. III. ) Conduct of Inspection: Documentation of activities, conversations, etc.; limit activity such as picture taking in plant; duplicate measurements if applicable. IV. ) Closing Conference: Complying with inspector's requests for documents or data; trying to ascertain subsequent actions; Houston notification. V. ) Penalty and Citation Guidelines: Delineate time periods for appeals and procedures; specify decision making process for action on the citation. VI. ) Inspection Forms: Standard form (if desired) for documentation and communication of inspection and scope of inspection to appropriate VISTA personnel. The specifics of the topic areas above would be based on our experience with the FRA, pros and cons of cooperation in excess of the statutory requirements, and information needs of VISTA rail operations personnel. Please call if you need to discuss the above. \ ---------- - Thomas G. Grumbles cc: Paul Gowan Phil Carey VVV 000015844