[Title 49 CFR 232.407]
[Code of Federal Regulations (annual edition) - October 1, 2006 Edition]
[Title 49 - TRANSPORTATION]
[Subtitle B - Other Regulations Relating to Transportation (Continued)]
[Chapter II - FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF]
[Part 232 - BRAKE SYSTEM SAFETY STANDARDS for FREIGHT and OTHER NON-]
[Subpart E - End-of-Train Devices]
[Sec. 232.407 - Operations requiring use of two-way end-of-train]
[From the U.S. Government Publishing Office]


49TRANSPORTATION42006-10-012006-10-01false232.407Sec. 232.407TRANSPORTATIONOther Regulations Relating to Transportation (Continued)FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OFBRAKE SYSTEM SAFETY STANDARDS for FREIGHT and OTHER NON-End-of-Train Devices
Sec. 232.407  Operations requiring use of two-way end-of-train 

devices; prohibition on purchase of nonconforming devices.

    (a) Definitions. The following definitions are intended solely for 
the purpose of identifying those operations subject to the requirements 
for the use of two-way end-of-train devices.
    (1) Heavy grade means:
    (i) For a train operating with 4,000 trailing tons or less, a 
section of track with an average grade of two percent or greater over a 
distance of two continuous miles; and
    (ii) For a train operating with greater than 4,000 trailing tons, a 
section of track with an average grade of one percent or greater over a 
distance of three continuous miles.
    (2) Train means one or more locomotives coupled with one or more 
rail cars, except during switching operations or where the operation is 
that of classifying cars within a railroad yard for the purpose of 
making or breaking up trains.
    (3) Local train means a train assigned to perform switching en route 
which operates with 4,000 trailing tons or less and travels between a 
point of origin and a point of final destination, for a distance that is 
no greater than that which can normally be operated by a single crew in 
a single tour of duty.
    (4) Work train means a non-revenue service train of 4,000 trailing 
tons or less used for the administration and upkeep service of the 
railroad.
    (5) Trailing tons means the sum of the gross weights--expressed in 
tons--of the cars and the locomotives in a train that are not providing 
propelling power to the train.
    (b) General. All trains not specifically excepted in paragraph (e) 
of this section shall be equipped with and shall use either a two-way 
end-of-train device meeting the design and performance requirements 
contained in Sec. 232.405 or a device using an alternative technology 
to perform the same function.
    (c) New devices. Each newly manufactured end-of-train device 
purchased by a railroad after January 2, 1998 shall be a two-way end-of-
train device meeting the design and performance requirements contained 
in Sec. 232.405 or a device

[[Page 568]]

using an alternative technology to perform the same function.
    (d) Grandfathering. Each two-way end-of-train device purchased by 
any person prior to July 1, 1997 shall be deemed to meet the design and 
performance requirements contained in Sec. 232.405.
    (e) Exceptions. The following types of trains are excepted from the 
requirement for the use of a two-way end-of-train device:
    (1) Trains with a locomotive or locomotive consist located at the 
rear of the train that is capable of making an emergency brake 
application, through a command effected by telemetry or by a crew member 
in radio contact with the controlling locomotive;
    (2) Trains operating in the push mode with the ability to effectuate 
an emergency brake application from the rear of the train;
    (3) Trains with an operational caboose placed at the rear of the 
train, carrying one or more crew members in radio contact with the 
controlling locomotive, that is equipped with an emergency brake valve;
    (4) Trains operating with a secondary, fully independent braking 
system capable of safely stopping the train in the event of failure of 
the primary system;
    (5) Trains that do not operate over heavy grades and do not exceed 
30 mph;
    (6) Local trains, as defined in paragraph (a)(3) of this section, 
that do not operate over heavy grades;
    (7) Work trains, as defined in paragraph (a)(4) of this section, 
that do not operate over heavy grades;
    (8) Trains that operate exclusively on track that is not part of the 
general railroad system;
    (9) Trains that must be divided into two sections in order to 
traverse a grade (e.g., doubling a hill). This exception applies only to 
the extent necessary to traverse the grade and only while the train is 
divided in two for such purpose;
    (10) Passenger trains in which all of the cars in the train are 
equipped with an emergency brake valve readily accessible to a crew 
member;
    (11) Passenger trains that have a car at the rear of the train, 
readily accessible to one or more crew members in radio contact with the 
engineer, that is equipped with an emergency brake valve readily 
accessible to such a crew member; and
    (12) Passenger trains that have twenty-four (24) or fewer cars (not 
including locomotives) in the consist and that are equipped and operated 
in accordance with the following train-configuration and operating 
requirements:
    (i) If the total number of cars in a passenger train consist is 
twelve (12) or fewer, a car located no less than halfway through the 
consist (counting from the first car in the train) must be equipped with 
an emergency brake valve readily accessible to a crew member;
    (ii) If the total number of cars in a passenger train consist is 
thirteen (13) to twenty-four (24), a car located no less than two-thirds 
(\2/3\) of the way through the consist (counting from the first car in 
the train) must be equipped with an emergency brake valve readily 
accessible to a crew member;
    (iii) Prior to descending a section of track with an average grade 
of two percent or greater over a distance of two continuous miles, the 
engineer of the train shall communicate with the conductor, to ensure 
that a member of the crew with a working two-way radio is stationed in 
the car with the rearmost readily accessible emergency brake valve on 
the train when the train begins its descent; and
    (iv) While the train is descending a section of track with an 
average grade of two percent or greater over a distance of two 
continuous miles, a member of the train crew shall occupy the car that 
contains the rearmost readily accessible emergency brake valve on the 
train and be in constant radio communication with the locomotive 
engineer. The crew member shall remain in this car until the train has 
completely traversed the heavy grade.
    (f) Specific requirements for use. If a train is required to use a 
two-way end-of-train device:
    (1) That device shall be armed and operable from the time the train 
departs from the point where the device is installed until the train 
reaches its destination. If a loss of communication occurs at the 
location where the device is installed, the train may depart the

[[Page 569]]

location at restricted speed for a distance of no more than one mile in 
order to establish communication. When communication is established, the 
quantitative values of the head and rear unit shall be compared pursuant 
to Sec. 232.409(b) and the device tested pursuant to Sec. 232.409(c), 
unless the test was performed prior to installation.
    (2) The rear unit batteries shall be sufficiently charged at the 
initial terminal or other point where the device is installed and 
throughout the train's trip to ensure that the end-of-train device will 
remain operative until the train reaches its destination.
    (3) The device shall be activated to effectuate an emergency brake 
application either by using the manual toggle switch or through 
automatic activation, whenever it becomes necessary for the locomotive 
engineer to initiate an emergency application of the air brakes using 
either the automatic brake valve or the conductor's emergency brake 
valve.
    (g) En route failure of device on a freight or other non-passenger 
train. Except on passenger trains required to be equipped with a two-way 
end-of-train device (which are provided for in paragraph (h) of this 
section), en route failures of a two-way end-of-train device shall be 
handled in accordance with this paragraph. If a two-way end-of-train 
device or equivalent device fails en route (i.e., is unable to initiate 
an emergency brake application from the rear of the train due to certain 
losses of communication (front to rear) or due to other reasons, the 
speed of the train on which it is installed shall be limited to 30 mph 
until the ability of the device to initiate an emergency brake 
application from the rear of the train is restored. This limitation 
shall apply to a train using a device that uses an alternative 
technology to serve the purpose of a two-way end-of-train device. With 
regard to two-way end-of-train devices, a loss of communication between 
the front and rear units is an en route failure only if the loss of 
communication is for a period greater than 16 minutes and 30 seconds. 
Based on the existing design of the devices, the display to an engineer 
of a message that there is a communication failure indicates that 
communication has been lost for 16 minutes and 30 seconds or more.
    (1) If a two-way end-of-train device fails en route, the train on 
which it is installed, in addition to observing the 30-mph speed 
limitation, shall not operate over a section of track with an average 
grade of two percent or greater for a distance of two continuous miles, 
unless one of the following alternative measures is provided:
    (i) Use of an occupied helper locomotive at the end of the train. 
This alternative may be used only if the following requirements are met:
    (A) The helper locomotive engineer shall initiate and maintain two-
way voice radio communication with the engineer on the head end of the 
train; this contact shall be verified just prior to passing the crest of 
the grade.
    (B) If there is a loss of communication prior to passing the crest 
of the grade, the helper locomotive engineer and the head-end engineer 
shall act immediately to stop the train until voice communication is 
resumed, in accordance with the railroad's operating rules.
    (C) If there is a loss of communication once the descent has begun, 
the helper locomotive engineer and the head-end engineer shall act to 
stop the train, in accordance with the railroad's operating rules, if 
the train has reached a predetermined rate of speed that indicates the 
need for emergency braking.
    (D) The brake pipe of the helper locomotive shall be connected and 
cut into the train line and tested to ensure operation.
    (ii) Use of an occupied caboose at the end of the train with a 
tested, functioning brake valve capable of initiating an emergency brake 
application from the caboose. This alternative may be used only if the 
train service employee in the caboose and the engineer on the head end 
of the train establish and maintain two-way voice radio communication 
and respond appropriately to the loss of such communication in the same 
manner as prescribed for helper locomotives in paragraph (g)(1)(i) of 
this section.
    (iii) Use of a radio-controlled locomotive at the rear of the train 
under continuous control of the engineer in

[[Page 570]]

the head end by means of telemetry, but only if such radio-controlled 
locomotive is capable of initiating an emergency application on command 
from the lead (controlling) locomotive.
    (2) If a two-way end-of-train device fails en route while the train 
on which it is installed is operating over a section of track with an 
average grade of two percent or greater for a distance of two continuous 
miles, the train shall be brought safely to a stop at the first 
available location in accordance with the railroad's operating rule, 
except the train may continue in operation if the railroad provides one 
of the alternative measures detailed in paragraph (g)(1) of this 
section.
    (h) En route failure of device on a passenger train. (1) A passenger 
train required to be equipped with a two-way end-of-train device that 
develops an en route failure of the device (as explained in paragraph 
(g) of this section) shall not operate over a section of track with an 
average grade of two percent or greater over a distance of two 
continuous miles until an operable two-way end-of-train device is 
installed on the train or an alternative method of initiating an 
emergency brake application from the rear of the train is achieved.
    (2) Except as provided in paragraph (h)(1) of this section, a 
passenger train required to be equipped with a two-way end-of-train 
device that develops an en route failure of the device (as explained in 
paragraph (g) of this section) shall be operated in accordance with the 
following:
    (i) A member of the train crew shall be immediately positioned in 
the car which contains the rearmost readily accessible emergency brake 
valve on the train and shall be equipped with an operable two-way radio 
that communicates with the locomotive engineer; and
    (ii) The locomotive engineer shall periodically make running tests 
of the train's air brakes until the failure is corrected; and
    (3) Each en route failure shall be corrected at the next location 
where the necessary repairs can be conducted or at the next location 
where a required brake test is to be performed, whichever is reached 
first.

[66 FR 4193, Jan. 17, 2001, as amended at 67 FR 17584, Apr. 10, 2002]