[Federal Register Volume 85, Number 10 (Wednesday, January 15, 2020)]
[Proposed Rules]
[Pages 2494-2519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27749]



[[Page 2493]]

Vol. 85

Wednesday,

No. 10

January 15, 2020

Part II





Department of Transportation





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Federal Railroad Administration





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49 CFR Parts 218, 221, and 232





Miscellaneous Amendments to Brake System Safety Standards and 
Codification of Waivers; Proposed Rule

  Federal Register / Vol. 85 , No. 10 / Wednesday, January 15, 2020 / 
Proposed Rules  

[[Page 2494]]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Parts 218, 221, and 232

[Docket No. FRA-2018-0093, Notice No. 1]
RIN 2130-AC67


Miscellaneous Amendments to Brake System Safety Standards and 
Codification of Waivers

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: FRA is proposing to revise its regulations governing brake 
inspections, tests, and equipment. The proposed changes include the 
incorporation of relief from various provisions provided in long-
standing waivers related to single car air brake tests, end-of train 
devices, helper service, and brake maintenance. FRA is also proposing 
to extend the time that freight rail equipment can be ``off-air'' 
before requiring a new brake inspection. In addition, FRA is proposing 
various modifications to the existing brake related regulations for 
clarity and to remove outdated or unnecessary provisions. The proposed 
revisions would benefit railroads and the public by reducing 
unnecessary costs, creating consistency between U.S. and Canadian 
regulations, and incorporating the use of newer technologies 
demonstrated to maintain or increase safety. The proposed rule would 
reduce the overall regulatory burden on railroads.

DATES: Written comments must be received by March 16, 2020. Comments 
received after that date will be considered to the extent possible 
without incurring additional expenses or delays.

ADDRESSES: Comments: Comments related to Docket No. FRA-2018-0093 may 
be submitted by any of the following methods:
     Website: Comments should be filed at the Federal 
eRulemaking Portal, http://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, Room W12-140, Washington, DC 
20590.
     Hand Delivery: Room W12-140 on the Ground level of the 
West Building, 1200 New Jersey Avenue SE, Washington, DC, between 9 
a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the agency name and 
docket number or Regulatory Identification Number (RIN) for this 
rulemaking. Note that all comments received will be posted without 
change to http://www.regulations.gov including any personal 
information. Please see the Privacy Act heading in the SUPPLEMENTARY 
INFORMATION section of this document for Privacy Act information 
related to any submitted comments or materials.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov at any time or to 
Room W12-140 on the Ground level of the West Building, 1200 New Jersey 
Avenue SE, Washington, DC between 9 a.m. and 5 p.m. Monday through 
Friday, except federal holidays.

FOR FURTHER INFORMATION CONTACT: Steven Zuiderveen, Senior Safety 
Specialist, Motive & Power Equipment Division, Office of Technical 
Oversight, Federal Railroad Administration, RRS-14, West Building 3rd 
Floor, Room W35-204, 1200 New Jersey Avenue SE, Washington, DC 20590 
(telephone: 202-493-6337); Jason Schlosberg, Senior Attorney, Office of 
Chief Counsel, RCC-10, West Building 3rd Floor, Room W31-207, 1200 New 
Jersey Avenue SE, Washington, DC 20590 (telephone: 202-493-6032).

SUPPLEMENTARY INFORMATION:

Table of Contents for Supplementary Information

I. Executive Summary
    A. Purpose of the Regulatory Action
    B. Summary of the Major Provisions of the Regulatory Action
    C. Costs and Benefits of the Proposed Regulatory Action
II. Background
    A. Existing Regulations
    B. FRA Waiver Authority and Process
    C. Current Review of Waivers
    D. Identified Waivers
    E. Incorporating by Reference New and Updated Standards Under 1 
CFR 51.5
    F. Railroad Safety Advisory Committee (RSAC) Advice and Input
III. Section-by-Section Analysis
IV. Regulatory Impact and Notices
    A. E.O. 12866 and DOT Regulatory Policies and Procedures
    B. Regulatory Flexibility Act and E.O. 13272
    C. Paperwork Reduction Act
    D. Environmental Impact
    E. Federalism Implications
    F. Unfunded Mandates Reform Act of 1995
    G. Energy Impact
    H. Privacy Act

I. Executive Summary

A. Purpose of the Regulatory Action

    In December 2017, AAR filed a petition for waiver from the rule 
that requires a Class I brake test prior to operation if a train is 
off-air for a period of more than four hours, contending it is too 
restrictive. See Docket No. FRA-2017-0130. The Safety Board denied the 
waiver petition, finding that the relief requested was more 
appropriately addressed through the rulemaking process and that there 
was a lack of supporting data submitted with the waiver request. 
Subsequently, in a letter dated July 12, 2018--included in the public 
docket to this rulemaking proceeding--AAR submitted a revised petition 
for rulemaking including substantially more supporting data than the 
waiver request it submitted in December 2017.
    This rulemaking responds to AAR's petition, proposes codification 
of existing waivers related to brake systems, and makes technical 
amendments to reduce regulatory burdens while maintaining or improving 
safety.\1\ This rulemaking is a direct result of FRA's effort to 
periodically review its regulations and propose amendments to the 
regulations to streamline and update them to reflect technological 
advances and lessons learned through feedback from all stakeholders.
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    \1\ FRA notes that AAR submitted a separate rulemaking petition 
in March 2019. That petition proposes amendments to part 232 related 
to the industry's development of a rail car electronic air brake 
slip system. FRA will address the recommendations in that petition 
in a separate rulemaking proceeding.
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B. Summary of the Major Provisions of the Regulatory Action

    When considering new and novel transportation technologies, 
industry stakeholders have often used FRA's waiver process, under 
subpart C to 49 CFR part 211, when existing rules do not adequately 
address or apply to the use of the technology. FRA has identified 
various waivers that warrant consideration for regulatory codification. 
In particular, FRA is proposing to incorporate into the regulations 
various long-standing waivers providing conditional exceptions to 
existing rules concerning air brake testing, end-of-train (EOT) 
devices, and helper service. FRA is also proposing to extend the time 
that freight rail equipment can be ``off-air'' before requiring a new 
brake inspection and is proposing various modifications to the existing 
brake related regulations for

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clarity and to remove outdated or unnecessary provisions.

C. Costs and Benefits of the Proposed Regulatory Action

    FRA analyzed the economic impacts of this NPRM over a 10-year 
period, and estimated its cost savings, costs, and benefits. The total 
cost savings are $502.2 million (using a 7% discount rate), and $593.7 
million (using a 3% discount rate). The annualized cost savings are 
$71.5 million (using a 7% discount rate) and $69.6 million (using a 3% 
discount rate). The cost savings of this proposed rule are displayed in 
the table below.

                                        Cost Savings Over 10-Year Period
                                              [Values in millions]
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                 Section                  Present value 7%  Present value 3%    Annualized 7%     Annualized 3%
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Helper Link.............................              $3.9              $4.5              $0.6              $0.5
D-22 Brake Valve........................               0.5               0.6              0.07              0.07
26-C Brake Valve........................               0.2               0.3              0.04              0.03
24-Hour Off-air.........................             325.6             386.2              46.4              45.3
90 CFM..................................               1.8               2.1               0.3               0.2
Single Car Air Brake Tests (SCT) 24                  150.7             176.1              21.5              20.6
 month..................................
SCT 48 month............................              19.5              23.8               2.8               2.8
Waiver Cost Savings.....................               0.1               0.1              0.01              0.01
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    Total...............................             502.2             593.7              71.5              69.6
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    FRA estimates this proposed rule would not impose any costs on the 
industry. This NPRM generally increases flexibility for the regulated 
entities by codifying waivers. It does not impose any new substantive 
requirements. This rule will not negatively impact safety in any aspect 
of railroad operations and FRA does not expect any increase in end-of-
train device or brake failures as a result of this rule. As noted in 
the Regulatory Impact Analysis (RIA) accompanying this rule, overall 
safety may by improved due to railroad employees experiencing less risk 
of common injuries such as slips, trips, and falls by having to perform 
fewer physical inspections, which would produce positive safety 
benefits, though these have not been quantified.
    The quantified net cost savings of this proposed rule are equal to 
the total cost savings. The present value of net cost savings are 
estimated to be $502.2 million (7% discount rate) and $593.7 million 
(3% discount rate). The annualized net cost savings are estimated to be 
$71.5 million (7% discount rate) and $69.6 million (3% discount rate).

II. Background

A. Existing Regulations

    FRA regulations require the air brake systems of trains, and the 
air brakes of individual freight cars, to be inspected and tested in 
certain circumstances. The regulations provide for five primary types 
of brake system inspections: Class I (initial terminal inspection), 
Class IA (1,000-mile inspection), Class II (intermediate inspection), 
Class III (trainline continuity inspection), and an SCT.
    A Class I air brake test, also referred to as an initial terminal 
inspection, is a comprehensive inspection of the brake equipment on 
each car in an assembled train and is required to be performed at the 
location where a train is originally assembled, when the consist is 
changed in certain ways (by adding or removing cars), and when a train 
is off-air for more than four hours. Class I brake tests are intended 
to ensure that a train is in proper working condition and capable of 
traveling to its destination with minimal problems en route. A Class I 
brake test requires the performance of a leakage test and in-depth 
inspection of the brake equipment (on both sides of the freight car) to 
ensure that each car's brake system is properly secure, does not bind 
or foul, and applies and releases in response to a specified brake pipe 
pressure signal. Piston travel must also be inspected and adjusted to a 
specified length if found not to be within a certain range of movement.
    A Class IA brake test is required every 1,000 miles. Although it is 
less detailed than a Class I inspection, a Class IA brake test includes 
all the same elements of a Class I test, but with less stringent piston 
travel requirements. The most restrictive car or block of cars in a 
train determines the location where Class IA tests must be performed. 
For example, if a train travels 500 miles from its point of origination 
to a location where it picks up a block of cars that has travelled 800 
miles since its last Class I brake test, and the crew does not perform 
a Class I brake test when adding the cars, then the entire train must 
receive a Class IA brake test within 200 miles even though that 
location is only 700 miles from the train's origination.
    Class II brake tests, also referred to as intermediate inspections, 
are less detailed inspections used for cars that do not have a 
compliant Class I inspection record that are picked up by a train. The 
test includes a test for excessive brake pipe leakage, charging the air 
brakes to within 15 psi of working pressure, making a 20-psi reduction 
in the brake pipe to actuate the brake, restoration of pressure to 
working psi, and confirmation that all brakes release and full brake 
pipe pressure has been restored to the rear of the train. Cars that 
receive a Class II brake test are required to receive a full Class I 
brake test at the next forward location where it can be performed.
    A Class III brake test, also known as a trainline continuity 
inspection, must be performed any time the brake pipe is opened on an 
operating train. The test includes charging the air brakes to working 
pressure (no less than 60 psi at rear of train), making a 20-psi 
reduction in the brake pipe to actuate the brake on the rear car of the 
train, releasing the brake, and ensuring that pressure at the rear of 
the train is restored.
    In addition to the types of air brake tests noted above, the 
regulations require the brakes of individual cars to be periodically 
maintained and tested in certain circumstances. This test is known as 
an SCT and is used to validate individual air brake effectiveness. An 
SCT is required: At least every 8 years for new or rebuilt freight 
cars, at least every 5 years for all other freight cars, and any time a 
freight car is on a shop

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or repair track, if the car has not had a SCT in the previous 12 
months.
    For a substantial summary, history, and analysis of the regulations 
affecting Class I, Class IA, Class II, and Class III brake tests, 
single car air brake tests, and the operation and testing of end-of-
train devices, please visit the following Federal Register 
publications: 66 FR 4104, Jan. 17, 2001; 66 FR 39683, Aug. 1, 2001; and 
67 FR 17555, Apr. 10, 2002.

B. FRA Waiver Authority and Process

    For years, FRA has in various instances exercised its delegated 
authority to waive compliance with its regulations. See 49 U.S.C. 20103 
(``The Secretary [of Transportation] may waive compliance with any part 
of a regulation prescribed or order issued under this chapter if the 
waiver is in the public interest and consistent with railroad 
safety.''); see also 49 CFR 1.89(a). FRA implemented this authority by 
issuing the rules under subpart C to 49 CFR part 211, providing a 
process and requirements for receiving and responding to waiver 
petitions. Each properly filed petition for a permanent or temporary 
waiver of a safety rule, regulation, or standard is referred to the FRA 
Railroad Safety Board (Safety Board) for decision. See 49 CFR 
211.41(a). The Safety Board's decision is typically rendered after a 
notice is published in the Federal Register and an opportunity for 
public comment is provided. See 49 CFR 211.41(b). If a waiver petition 
is granted, the Safety Board may impose conditions on the grant of 
relief to ensure the decision is in the public interest and consistent 
with railroad safety.
    Activity under a waiver of regulatory compliance may generate 
sufficient data and experience to support an expansion of its scope, 
applicability, and duration. For instance, in many cases, FRA has 
expanded the scope of certain waivers or issued the same or similar 
waivers to additional applicants. FRA has also extended various 
waivers' expiration dates. A waiver's success and its continued 
expansion warrant consideration of regulatory codification. FRA 
believes that codifying a waiver, and thereby making its exemptions and 
requirements universally applicable, results in industry cost-savings 
larger than from the waiver alone.

C. Current Review of Waivers

    FRA is considering codifying waivers of compliance from rules 
affecting motive power and equipment (MP&E), including the 
aforementioned brake inspection requirements. More specifically, FRA is 
proposing changes to the regulations affecting: The use of EOT devices 
and Helper Link devices or similar technologies; higher air-flow on 
distributed powered (DP) trains; and the performance of Class I air 
brake tests and single car air brake tests (SCT). FRA is also proposing 
technical corrections to existing regulations.
    The waiver subject matters considered for codification are more 
specifically identified below. FRA requests comment on all aspects of 
its proposals to incorporate the identified waivers into the 
regulations. FRA has attempted to capture and identify the dockets for 
all substantially similar waivers affected by this rulemaking. For 
purposes of defining the scope of this rulemaking, FRA has identified 
each of those waivers by docket number. However, FRA recognizes that 
there may be some substantially similar waivers not identified in this 
NPRM, but still affected by this rulemaking. All affected waivers, 
whether specifically referenced in this NPRM or not, remain in force 
for the time being, and FRA does not intend to terminate any waivers 
upon the effective date of a final rule even if FRA incorporates the 
requirements of a waiver into a final rule. It is possible that there 
are exceptions or conditions in some existing waivers that are not 
specifically codified in the final rule. FRA believes that terminating 
waivers immediately upon the effective date of a final rule may 
unnecessarily complicate matters, especially considering many of the 
waivers will simply expire soon thereafter. In the event a regulated 
entity wishes to continue a waiver's provision not captured by the 
final rule in this proceeding beyond the expiration date of that 
waiver, that entity could petition the Safety Board for an extension of 
that provision. FRA seeks comment on this approach.

D. Identified Waivers

    For the public's convenience, below is a list of waiver petition 
dockets, organized by subject matter, which FRA is proposing to codify 
into its regulations. As noted, this list is not necessarily all-
inclusive. The public docket for each listed waiver may be accessed at 
www.regulations.gov.
Air Flow Method
 Permit 90 cubic feet per minute (CFM) air flow and Railroad 
Operating Rules (49 CFR 232.205(c)(1)(ii))
    [cir] BNSF Railway (BNSF), Canadian National Railway (CN), et. al., 
Docket No. FRA-2012-0130
End-of-Train (EOT) Device
 Power Source (49 CFR 232.403(g)(3))
    [cir] Wabtec Corporation (Wabtec), Docket No. FRA-2001-9270
    [cir] Quantum Engineering, Inc (Quantum) (n.k.a. Siemens Industry, 
Inc. (Siemens)), Docket No. FRA-2006-25794
 Calibration (49 CFR 232.409(d))
    [cir] Wabtec, Docket No. FRA-2004-18895
    [cir] Ritron, Inc. (Ritron), Docket No. FRA-2009-0015
    [cir] DPS Electronics, Inc. (DPS), Docket No. FRA-2012-0096
    [cir] Siemens, Docket No. FRA-2015-0044
 Helper Service (49 CFR 232.219(c))
    [cir] BNSF, Docket No. FRA-2006-26435
    [cir] Montana Rail Link (MRL), Docket No. FRA-2014-0013
 Marker Lamp Height (49 CFR 221.13(d))
    [cir] DPS, Docket No. FRA-2015-0023
    [cir] Siemens, Docket No. FRA-2017-0093
 Utility Person and Battery Changes (49 CFR 218.22(c)(5))
    [cir] BNSF, Docket No. FRA-2001-10660
    [cir] Canadian Pacific Railway (CP), Docket No. FRA-2004-17989
Single Car Test
 Update Incorporation by Reference to Association of American 
Railroads (AAR) Standard S-486-18 (49 CFR 232.305(a))
    [cir] AAR, Docket No. FRA-2018-0011
 Add Incorporation by Reference for AAR Standard S-4027-18 (49 
CFR 232.305(a))
    [cir] BNSF and Union Pacific Railroad (UP), Docket No. FRA-2013-
0030
Automated Single Car Test
 24-Month Testing, Automated (AAR Standard S-4027) (49 CFR 
232.305(b)(2))
    [cir] BNSF and UP, Docket No. FRA-2013-0030
 48-Month Testing, Four-Pressure Test (AAR Standard S-4027) (49 
CFR 232.305(b)(2))
    [cir] BNSF and UP, Docket No. FRA-2013-0030
Clarifying Appendix B (Potentially Recodifying as Subpart H)
 Change AAR Standard S-045 to AAR Standard S-4045-13 (appx B, 
II, Sec.  232.17(b)(2))
    [cir] AAR, Docket No. FRA-2013-0063

E. Incorporating by Reference New and Updated Standards Under 1 CFR 
51.5

    As required by 1 CFR 51.5, FRA has summarized the standards it is 
proposing to incorporate by reference in the section-by-section 
analysis in this preamble. The AAR standards

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summarized herein, and listed in the table directly below for 
convenience, are reasonably available to all interested parties for 
inspection. Copies can be obtained from the Association of American 
Railroads, 425 Third Street SW, Washington, DC 20024, telephone: (202) 
639-2345, email: [email protected], website: https://aarpublications.com. They are also available for inspection at the 
Federal Railroad Administration, Docket Clerk, 1200 New Jersey Avenue 
SE, Washington, DC 20590.

                           AAR Standards Incorporated By Reference in 49 CFR Part 232
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                                                                                  Year or      Section affected
       Identification No.                           Title                         edition          in 49 CFR
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S-469-01.......................  Performance Specification for Freight                  2006  Sec.   232.103(l).
                                  Brakes.
S-486-18.......................  Code of Air Brake System Tests for Freight             2018  Sec.   232.305(a).
                                  Equipment.
S-4027-18......................  Automated Single-Car Test Equipment,                   2018  Sec.   232.305(a).
                                  Conventional Brake Equipment-Design and
                                  Performance Requirements.
S-4045-13......................  Passenger Equipment Maintenance                        2013  Sec.
                                  Requirements.                                                232.17(b)(2) in
                                                                                               section I of
                                                                                               Appendix B, part
                                                                                               232. (proposed
                                                                                               Sec.
                                                                                               232.717(b)(2)).
S-4200.........................  Electronically Controlled Pneumatic (ECP)              2014  Sec.   232.603.
                                  Cable-Based Brake Systems--Performance
                                  Requirements.
S-4210.........................  ECP Cable-Based Brake System Cable,                    2014  Sec.   232.603.
                                  Connectors, and Junction Boxes--
                                  Performance Specifications.
S-4230.........................  Intratrain Communication (ITC)                         2014  Sec.   232.603.
                                  Specification for Cable-Based Freight
                                  Train Control System.
S-4250.........................  Performance Requirements for ITC Controlled            2014  Sec.   232.603.
                                  Cable-Based Distributed Power Systems.
S-4260.........................  ECP Brake and Wire Distributed Power                   2008  Sec.   232.603.
                                  Interoperability Test Procedures.
N/A............................  2020 Field Manual of the AAR Interchange               2020  Sec.   232.717.
                                  Rules.
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    The rule text already incorporates by reference the latest versions 
of the following AAR standards, so no updates are currently proposed: 
S-4220, ECP Cable-Based Brake DC Power Supply--Performance 
Specification (2002); S-4240, ECP Brake Equipment--Approval Procedure 
(2007); and S-4270, ECP Brake System Configuration Management (2008).

F. Railroad Safety Advisory Committee (RSAC) Advice and Input

    FRA received substantial advice and feedback from the RSAC on the 
contents of this rule. FRA first established the RSAC in March 1996 
under Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 
92-463) to provide a forum for stakeholder groups to provide advice and 
recommendations to the FRA on railroad safety matters. In April 1996, 
the RSAC formed the Tourist and Historic Railroads and Private 
Passenger Car Working Group (THRWG). Since that time, the THRWG has 
considered numerous issues affecting tourist and historic rail 
operations and in August 2013, the THRWG accepted Task No. 13-01 to 
consider the applicability of FRA's regulations to historical or 
antiquated equipment that is used only for excursion, educational, 
recreational, or private transportation purposes. The THRWG met in 
Washington, DC on April 9-10, 2014, and reviewed, among other things, 
the safety glazing standards (49 CFR part 223) regarding the treatment 
of certain equipment; regulatory treatment under the freight car safety 
standards (49 CFR part 215) of non-commercial freight cars over 50 
years old; and the scope and application of appendix B of 49 CFR part 
232 (freight power brake standards). The THRWG also identified other 
issues involving FRA's regulatory treatment of tourist, scenic, 
historic, excursion, educational or recreational rail operations or 
private passenger rail car operations and equipment in other chapters 
of title 49, which FRA anticipates will be addressed in subsequent 
rulemakings. On December 4, 2014, the full RSAC accepted the THRWG's 
report. See RSAC Meeting Minutes, p. 12, https://rsac.fra.dot.gov/radcms.rsac/File/DownloadFile?id=44. The updates to part 232, appendix 
B (proposed Subpart H--Tourist, Scenic, Historic, and Excursion 
Operations Braking Systems) of this NPRM are based on the THRWG's 
report.

III. Section-by-Section Analysis

    Unless otherwise noted, all section references below refer to 
sections in title 49 of the Code of Federal Regulations (CFR). FRA 
seeks comments on all proposals in this NPRM.

Proposed Amendments to 49 CFR Part 218

Section 218.22 Utility Employee
    As stated in the 1993 rule initialing adopting Sec.  218.22, the 
intent of this section is to define the circumstances under which a 
utility employee may be permitted to function as a member of a train or 
yard crew without the need for establishing blue signal protection. See 
58 FR 43293, 43290, Aug. 16, 1993. The Blue Signal regulations are 
found in Subpart B of part 218 (Sec. Sec.  218.21-218.41). Despite this 
stated intent, existing paragraph (c) of Sec.  218.22 provides that 
``under certain conditions . . . a utility employee [may] be assigned 
to and serve as a member of a train or yard crew without the protection 
otherwise required by subpart D to 49 CFR part 218.'' (Emphasis added). 
Subpart D of part 218 (Sec. Sec.  218.51-218.61) contains FRA's 
regulations prohibiting tampering with safety devices and, thus, the 
reference makes no sense. In addition, paragraphs (c)(5) and (h) of 
Sec.  218.22 specify conditions under which certain provisions of 
subpart B (e.g., Sec. Sec.  218.23-218.30) must be complied with when a 
utility employee is performing certain functions normally executed by a 
train crew. Accordingly, FRA is proposing to amend the incorrect 
reference to ``Subpart D'' in paragraph (c) to ``Subpart B,'' as this 
reference is clearly a typographical error.
    In addition, FRA proposes amending the list of functions provided 
in paragraph (c)(5) that do not require a utility employee to establish 
blue signal protection to include battery change-out on rear-end 
marking devices or end-of-train devices if the change-out is 
accomplished without the use of tools.
    This relief has already been provided to BNSF and CP. See Docket 
No. FRA-2001-10660; Docket No. FRA-2004-

[[Page 2498]]

17989. In their waiver petitions, BNSF and CP stated that potential 
safety benefits would likely include an estimated 80% reduction in 
safety-sensitive task completion time and significantly lighter loads 
for service and utility employees to lift and handle. For instance, 
when changing a battery, employees would no longer have to unhook the 
air hose from the device, remove the device from the coupler, carry it 
to a safe location and set it on the ground to change the battery, then 
pick up the device, walk back to the end of the train and reinstall the 
device. Instead, the employee would simply open a latch, slide out and 
replace the battery, and refasten the latch.
    FRA granted those waiver petitions over a decade ago and each 
railroad's record of operations under those waivers demonstrates that 
the relief provided is safe. Accordingly, FRA believes codifying these 
existing waivers would improve efficiency and is consistent with 
railroad safety. FRA seeks comments on this proposal.
    FRA also seeks comment on the use of the term ``change out'' or 
``change'' in paragraph (c). FRA understands that to ``change out'' 
batteries means to swap or replace them. This is certainly what FRA 
intended when it granted the associated waivers. However, when 
codifying this relief, FRA does not want to prohibit or otherwise 
suppress future innovation. For instance, FRA believes removable or 
non-removable rechargeable batteries or other similar technology could 
one day suit the purpose of this proposal. Accordingly, FRA proposes to 
use the broader term ``change'' (as opposed to change out) in the 
proposed revision to paragraph (c).
    In proposing these changes to paragraph (c), FRA considered whether 
other similar tasks could be reasonably excluded from the Blue Signal 
requirements. FRA identified no such tasks. FRA also considered the 
feasibility of establishing a performance standard (e.g., based on 
time, complexity of task, or some other measure). After consideration 
of these issues, FRA is not proposing any additional changes to 
paragraph (c), but FRA invites commenters to identify other tasks that 
may justify being added to the list of exceptions from the blue signal 
requirements in the paragraph. Further, FRA seeks comment on the 
utility and feasibility of establishing a performance-based requirement 
in paragraph (c), as an alternative to listing specific tasks excluded 
from the Blue Signal requirements.

Proposed Amendments to 49 CFR Part 221

Section 221.13 Marking Device Display
    Section 221.13 includes EOT marking device display requirements. 
Paragraph (d) requires each marking device's centroid to be located at 
a minimum of 48 inches above the top of the rail. In 2015 and 2017, 
DPS, and Siemens Industry Inc. (``Siemens''), respectively, filed 
similar waiver petitions requesting that the marker height measurement 
be reduced to 41 and 42 inches, respectively. See Docket No. FRA-2015-
0023; Docket No. FRA-2017-0093. In their petitions, both DPS and 
Siemens noted that newer designs of their marker lights weighed less 
than previous designs and were designed to be mounted lower than 48 
inches from the top of the rail. DPS and Siemens asserted that the 
smaller dimensions and weight of the marker lights would reduce the 
risk of injury to personnel handling the devices. Moreover, for marker 
lights mounted at 36, 42, and 48 inches above the top of the rail, DPS 
and Siemens provided supporting field test video data showing no 
discernable visibility difference up to one mile away. In reviewing the 
petitions and data, the Safety Board agreed that changing the marker 
light height by several inches would not result in a significant 
difference in visibility, especially since EOT marker lights are 
typically viewed from distances of a half-mile or greater. FRA seeks 
comment on the height standards proposed in this section.
    In addition to considering visibility over distances, FRA also 
seeks comment on marker device visibility from varying angles. Viewing 
angles may vary minutely due to natural variation in eye height from 
one human observer to another. In addition, when considering DPS's and 
Siemen's petitions, FRA performed a simplified trigonometric analysis 
and determined that only a minimal number of negative scenarios would 
result from cases in which a marker light would be mounted at 40 
inches. See Docket No. FRA-2015-0023; Docket No. FRA-2017-0093.
    FRA granted DPS's and Siemen's waiver petitions based on evidence 
showing that the difference in heights would not affect visibility of 
the marker lights. Since granting the petitions, no accidents 
attributed to a lowered marker lamp height permitted under these 
waivers have been reported through the FRA accident reporting system. 
Accordingly, FRA proposes codifying the waiver's exemptions and 
conditions. FRA seeks comments and any information gleaned from 
railroad experience relevant to this proposal.
    FRA believes that this change would allow the use of lighter weight 
EOT devices, which will likely result in a lower risk of injury and 
improved safety. Since the coupler is usually 38'' from the ground, and 
the lamp height is currently required to be at least 48'' from the 
ground, to make up the space, manufacturers created a 10'' tall box, 
which doubles as heavy battery storage. With the introduction of air 
turbine electricity to replace the need for batteries and a 
consideration of reducing the 48'' height requirement, the size and 
weight of this equipment could permissibly be reduced, resulting in 
ergonomic benefits such as less awkward handling.
    FRA also understands that there has been a recent shift in the 
industry from the use of incandescent to LED bulbs within marker 
lights. FRA seeks comment on the effect this change has had and will 
have on visibility. Further, to allow for flexibility over time as EOT 
device technology and design changes, FRA also seeks comments on the 
utility and feasibility of establishing a performance-based standard in 
lieu of the specific height requirements of this section.
Appendix A to Part 221 Procedures for Approval of Rear End Marking 
Devices
    To correct typographical errors, FRA is modifying ``perscribed'' to 
``prescribed'' in paragraph (a)(1)(2)(ii) and ``peformed'' to 
``performed'' in paragraph (b)(3)(ii).

Proposed Amendments to 49 CFR Part 232

Section 232.1 Scope
    Paragraph (b) of Sec.  232.1 describes how the scope of part 232 
would change in phases after the January 2001 publication of a final 
rule that created part 232. Paragraph (c) and the final phrase of 
paragraph (d) includes similarly antiquated instructions. Those dates, 
and their associated options, have since passed and the scope of part 
232 has been fully realized under Sec.  232.1. Since these dates and 
former options provide no guidance for current or future compliance, 
FRA proposes removing paragraph (b)'s historical schedule, paragraph 
(c) in its entirety, and the final phrase in paragraph (d) providing 
for earlier optional compliance. FRA also proposes moving paragraph (d) 
to paragraph (c). FRA seeks comment on these changes.
Section 232.5 Definitions
    Section 232.5 defines certain terms as they are used in part 232. 
In this

[[Page 2499]]

section, FRA is proposing to update the definition of the term ``Air 
Flow Indicator, AFM'' and add definitions for ``air repeater unit'' and 
``APTA.'' All new air brake systems are equipped with digital AFM 
indicators, and many analog AFM indicators are being replaced by 
digital versions. FRA is clarifying the definition of the ``Air Flow 
Indicator, AFM'' to acknowledge the use of digital versions, and to 
specify that a digital version must have markings of equivalent or 
finer resolution to that specified by FRA for an analog device.
    FRA proposes to add the term ``air repeater unit'' in Sec.  
232.205, and define that term as ``a car, container or similar device 
that provides an additional brake pipe air source by responding to air 
control instructions from a controlling locomotive using a 
communication system such as a distributed power system.'' FRA 
understands a specialized car, other rolling equipment, or containers 
in well cars can be used for this purpose. The communications must be 
akin to a distributed power system to ensure accurate and sufficient 
responses. These existing systems are identified here merely for 
illustration. Ultimately, it is the purpose and use of the technology, 
not its physical description, that determines whether the item is an 
air repeater unit. FRA purposefully recognizes this distinction to 
avoid limiting innovation and future options. FRA seeks comments on the 
accuracy and sufficiency of this definition.
    FRA also proposes adding a definition for ``APTA'', the American 
Public Transportation Association, since the organization is referenced 
often as a source for standards and input.
Section 232.11 Penalties
    This section contains provisions regarding penalties. Since the 
section was last amended, DOT has issued a final rule, in accordance 
with the Federal Civil Penalties Inflation Adjustment Act of 1990 
(FCPIAA), as amended by the Federal Civil Penalties Inflation 
Adjustment Act Improvements Act of 2015 (2015 Act),\2\ that provides 
the 2018 inflation adjustment to civil penalty amounts that may be 
imposed for violations of certain DOT regulations. See 83 FR 60732 
(Nov. 27, 2018). To avoid the need to update this section every time 
the civil penalty amounts are adjusted for inflation, FRA has changed 
this section by replacing references to specific penalty amounts with 
general references to the minimum civil monetary penalty, ordinary 
maximum civil monetary penalty, and aggravated maximum civil monetary 
penalty. FRA has also added language to this section referring readers 
to 49 CFR part 209, appendix A, where FRA will continue to specify 
statutorily provided civil penalty amounts updated for inflation and to 
FRA's website at www.fra.dot.gov which contains a schedule of civil 
penalty amounts used in connection with this part.
---------------------------------------------------------------------------

    \2\ The FCPIAA and the 2015 Act require federal agencies to 
adjust minimum and maximum civil penalty amounts for inflation to 
preserve their deterrent impact. See 83 FR 60732, Nov. 27, 2018.
---------------------------------------------------------------------------

Section 232.103 General Requirements for all Train Brake Systems
    In a 2001 rulemaking, FRA incorporated by reference AAR Standard S-
469-47 (``Performance Specification for Freight Brakes'') \3\ into 
Sec.  232.103(l). FRA subsequently also referenced S-469-47 in Sec.  
232.603. Later in 2001, however, AAR updated S-469-47 for style and 
format with no change in substance and reissued it as S-469-01. After 
briefly being out-of-print, in 2006 AAR permanently returned S-469-01 
to its Manual of Standards and Recommended Practices.
---------------------------------------------------------------------------

    \3\ In 1945, FRA's predecessor agency, the Interstate Commerce 
Commission (ICC), and AAR agreed on certain power brake and draw bar 
standards, which ICC partially memorialized in Interstate Commerce 
Commission Order No. 13528, Investigation of Power Brakes and 
Appliances for Operating Power-Brake Systems, 10 FR 6787, June 6, 
1945 (``ICC Order 13528''). ICC Order 13528 referenced an appendix 
that was not published until months later in a Supplement to the 
Code of Federal Regulations. See 49 CFR part 132 (Power Brakes and 
Draw Bars (Railroad)), Appendix (Specifications and Requirements for 
Power Brakes and Appliances for Operating Power Brake Systems for 
Freight Service) (Supp. 1945). While this late-published appendix to 
ICC Order 13528 was the regulation requiring compliance, in 1947 AAR 
published an identical AAR Standard S-469-47. Eventually, the ICC 
Order 13528 appendix was moved into appendix B of 49 CFR part 232.
---------------------------------------------------------------------------

    S-469 is the AAR's identical publication of the Interstate Commerce 
Commission Order 13528, originally published in 1945. Between 1947 and 
2000, S-469 and Order 13528 were simultaneously published in the AAR 
Manual of Standards and Recommended Practices and as appendix B in 49 
CFR part 232. The 2001 revision of part 232 ceased to publish Order 
13528 as appendix B, and refers the public to obtain this document from 
the AAR. The purpose of the document is to define and prescribe 
requirements for power brakes and appliances for operating power brake 
systems.
    Accordingly, FRA proposes updating the citation to the presently 
available S-469-01. FRA also will correct AAR's address. FRA seeks 
comments on these updates.
Section 232.205 Class I Brake Test-Initial Terminal Inspection
    Section 232.205 contains the requirements for conducting Class I 
brake tests-initial terminal inspections. Section 232.205 requires a 
train to receive a Class I brake test (as described in paragraph (c) of 
the section) at certain times. For example, Sec.  232.205 requires a 
Class I brake test be performed when a train is initially assembled, 
when the consist is changed in certain ways (by adding or removing 
cars), and when a train is off-air for more than four hours.\4\ FRA 
proposes to revise this section to extend the four-hour off-air 
limitation to 24 hours. FRA also proposes changes to brake pipe leakage 
requirements during certain Class I air brake tests, and requirements 
associated with AFM indicator calibration.
---------------------------------------------------------------------------

    \4\ Earlier rules required the performance of Class I air brake 
test on equipment left off air for only two hours or more. The four 
hours referenced in the existing rule reflects a compromise 
subsequently recommended by industry stakeholders.
---------------------------------------------------------------------------

    Under the existing regulation, if a train or equipment (e.g., 
individual cars) is left unattached to any air source (e.g., 
locomotive, yard air) for more than four hours, it must receive a Class 
I brake test prior to further operation of the train. See 49 CFR 
232.205(a)(3). Moreover, to ensure that its air brake system did not 
degrade, and to allow a railroad to delay a full-train Class I test in 
many circumstances, equipment off-air for more than four hours may 
require a Class I or II test prior to being added to an en route train, 
and will require a Class III brake test prior to being operated in 
revenue service. See 49 CFR 232.209(a)(1) and 232.211(a)(3)-(a)(5). 
This requirement also affects yard air applications. See Sec.  
232.217(c)(1). For a more substantial history and analysis of the off-
air requirement, see 66 FR 4103, 4122, Jan. 17, 2001.
    In December 2017, AAR filed a petition for waiver from the 4-hour 
rule, contending it is too restrictive. See Docket No. FRA-2017-
0130.\5\ Subsequently, in a letter dated July 12, 2018--included in the 
public docket to this rulemaking proceeding--AAR submitted a petition 
for rulemaking mirroring the waiver request it submitted in December 
2017. See Docket No. FRA-2018-0093, available at https://www.regulations.gov/document?D=FRA-2018-0093-0002. To support its 
filing, AAR supplied data provided by its member railroads and a 
Failure Modes and Effect Analysis

[[Page 2500]]

(FMEA). According to AAR, the data provided in its petition for 
rulemaking supports the conclusion that time off-air does not correlate 
with higher failure rates. Page one of Appendix 7 of AAR's petition 
includes data submitted by seven (7) Class 1 railroads from the period 
between March 1, 2017, and March 1, 2018. According to AAR, the data 
shows that line of road failures (expressed as emergency brake 
applications), for which a specific mechanical cause is not found, 
occurred 0.20 times per million car miles in Canada, where a valid air 
brake inspection may remain off-air for 24 hours or longer; while the 
equivalent line of road failure rate on US railroads is 0.27 times per 
million car miles, where a valid air brake inspection may only remain 
off-air for four hours. AAR contends safety improvements in air brake 
technology should further mitigate safety concerns and support allowing 
cars to be kept off-air for extended periods of time, well beyond 24 
hours, without requiring a Class I brake test. For example, AAR states 
that leakage on standing trains has been greatly reduced by welded 
brake piping and fittings and ferrule-clamped air hoses (the rail 
industry no longer uses grip type fittings, in accordance with 
interchange rules). In addition, AAR cites continuous improvements in 
car control valves since the last regulatory change as well as industry 
adoption of federal requirements to perform biannual inspections on 
yard air systems and oil and contaminant separators to keep the 
compressed air clean. AAR also contends that providing a 24-hour off-
air period would help harmonize US and Canadian regulations, as 
Canadian regulations currently permit cars to be off-air for up to 24 
hours without the equivalent of a Class I brake test.
---------------------------------------------------------------------------

    \5\ The Safety Board denied the waiver petition finding that the 
relief requested was more appropriately addressed through the 
rulemaking process and that there was a lack of supporting data 
submitted with the waiver request.
---------------------------------------------------------------------------

    In this NPRM, FRA is responding to AAR's petition for rulemaking by 
proposing to change the off-air requirements. As noted above, AAR's 
petition, and its included data sets, have been placed in the docket to 
this proceeding. FRA finds that the supporting information provided by 
AAR demonstrates that a reasonable extension of time permitted under 
the off-air requirement could improve railroad efficiency and would not 
impact the safety of railroad operations. FRA agrees that the 
technological improvements cited by AAR have been beneficial in 
improving the overall health of brake systems. In addition, when 
considering an extension of permissible off-air time, FRA finds the 
data provided by AAR in Appendix 7 of its petition, comparing Canadian 
and U.S. operations, supportive of AAR's request. The data provided by 
AAR shows a lower, yet statistically insignificant, rate of line-of-
road failures (i.e., failures found en route on an operating train, not 
by inspectors or otherwise while standing still) attributed to air 
brakes in Canada (allowing 24 hours off-air) than in the United States 
(allowing only 4 hours off-air). The data also includes same-railroad 
results (based on CN and CP data) showing fewer undesired and 
unintended emergency brake applications occurring in Canada than in the 
United States. See AAR Petition for Rulemaking, July 12, 2018, Appendix 
7, Slide 4. FRA seeks comments and information as to what reasons there 
may be for Canada's lower rates of air-brake-related failures that 
would better inform FRA of the off-air requirement's impact.
    Furthermore, by extending the time that equipment is permitted to 
remain off-air without requiring additional brake testing, the AAR 
predicts a significant reduction in tests performed for this reason, 
decreasing wait times, and increasing network velocity. AAR states an 
extension of the off-air requirement will also reduce locomotive idling 
times spent providing a source of compressed air and will allow 
railroads to eliminate older sources of yard air, but will also ensure 
that brakes are inspected often enough to ensure they are in proper 
working condition. Accordingly, in this NPRM, FRA proposes to extend 
the off-air limitation from 4 hours to 24 hours in Sec. Sec.  232.205, 
232.209, 232.211, and 232.217. FRA seeks comments on this proposal. FRA 
also seeks comments on the accuracy and sufficiency of the data 
supplied by AAR to support this relief.
    In the 2001 final rule revising the regulations governing power 
brake systems, FRA extended the time from two hours to four hours 
during which equipment may remain off-air without additional 
inspection. In its conclusion to limit the amount of time that 
equipment may be off-air to four hours, FRA noted its concern that in 
certain circumstances, the length of time that equipment is off air can 
impact the equipment's air brake system particularly in cold weather or 
in areas where the potential for vandalism is high due to the equipment 
left standing. Further, FRA stated:

    [I]f equipment were allowed to be off-air for an excessive 
amount of time, it would be virtually impossible for FRA to ensure 
that equipment is being properly retested as it would be extremely 
difficult for FRA to determine how long a particular piece of 
equipment was disconnected from a source of compressed air. In order 
to make such a determination, FRA would have to maintain observation 
of the equipment for days at a time.

66 FR 4103, 4122, Jan. 17, 2001. FRA recognizes that it may verify off-
air duration through train and car movement records, the presence of 
any ground air sources, and witness interviews. However, FRA remains 
concerned about how to easily and accurately determine the length of 
time equipment may have been disconnected from an air source, 
particularly given the proposal to increase the permissible off-air 
duration. FRA believes that since 2001, there have been numerous 
technological and operational advances that provide railroads with the 
ability to track the amount of time equipment is left off a source of 
compressed air and that railroads should be able to track the 24-hour 
off-air period in some manner so that FRA can exercise appropriate 
oversight where necessary. Rather than propose a specific requirement 
regarding such tracking, FRA seeks comment on whether such tracking is 
necessary or whether there are other means by which FRA can determine 
the amount of time equipment is left off a source of compressed air. In 
addition, FRA seeks comment on what types of tracking systems or 
methods might be available to the industry related to this issue and 
how tracking data should be maintained. FRA requests that commenters 
also include quantified information on how such a tracking system may 
burden or benefit each railroad. FRA also seeks comment on how to 
codify any such requirements.
    FRA also recognizes that Canada has permitted equipment to remain 
off-air without a brake inspection for as long as 48 hours upon 
notification to Transport Canada (TC). See Railway Freight and 
Passenger Train Brake Inspection and Safety Rule section 11.2(b), 
Transport Canada, Oct. 27, 2014, available at https://www.tc.gc.ca/eng/railsafety/rules-tco0184-139.htm#section11 (``A No.1 brake test is not 
required on: A block swap of cars that have been off-air for no more 
than 24 hours or 48 hours after notifying the department.''). In 
practice, FRA understands TC receives only a small number of such 
notifications per year, almost exclusively during the holidays or 
special situations such as a labor strike. At most, TC states that two 
locations provide such notifications up to 1-2 times per month.
    While not specifically proposing a similar provision, FRA requests 
comments on whether to extend the off-air limitation to 48 hours under 
certain

[[Page 2501]]

circumstances and conditions, including appropriate, sufficient, and 
timely notification to FRA. FRA seeks comment on how often this 
provision is utilized in Canada and under what circumstances it is used 
and, if FRA were to adopt a similar provision, under what circumstances 
it should be available, how often it would be utilized, and whether a 
provision requiring FRA notification of a railroad's use of the 
provision would be justified. More specifically, FRA seeks proposals 
concerning the documentation, contents, timing, delivery, 
acknowledgment, and memorialization of any potential notification 
requirement. FRA recognizes that Sec. Sec.  232.207(c)(2) and 
232.213(a)(1) already include notification procedures and seeks 
comments on those provisions' potential applicability in this instance.
    FRA also requests comment on potential regulatory alternatives to a 
time-off-air limit that would address the same safety risks and ensure 
that, despite equipment being off air for any length of time, that 
equipment's air brakes are in proper working condition. FRA recognizes 
that time off-air may not be directly linked to brake failures, but 
given the multitude of variables that can affect brake system integrity 
(e.g., environmental factors such as temperature and humidity, 
operational factors (e.g., use of power braking, time taken to inspect 
equipment, quality of compressed air from locomotives or yard air 
plants), age, and overall condition of the equipment), FRA has not 
identified a feasible alternative to the off-air requirement. Despite 
the many technical advancements in air brake technology, with the 
exception of certain specialized air brake systems such as 
electronically-controlled pneumatic brakes, the structure of air brake 
systems on rail equipment involves many connections, which by nature 
cause the systems to experience gradual leaks once removed from an air 
source. For example, in its investigation of the 2013 Lac-
M[eacute]gantic, Quebec accident, the Transportation Safety Board of 
Canada (TSB), cited two instances of air brake failures where brake 
systems of rail equipment failed after being left off-air for 
approximately one hour. In the first instance, TSB cited weather 
conditions as the cause of the failure and in the second instance, TSB 
cited the condition of the equipment itself. See TSB Railway 
Investigation Report R13D0054 (available at tsb.gc.ca). Accordingly, 
FRA recognizes that a time-off-air requirement does not directly 
protect against all air brake failures, but FRA has not yet identified 
an effective alternative. FRA requests comments on whether any 
potential alternatives to the off-air requirement exist that are 
potentially less burdensome and more efficient, while ensuring the same 
level of safety. FRA also invites comment on what, if any, additional 
changes to the off-air requirement could be made to make the 
requirement even less burdensome than proposed in this rule, including, 
but not limited to, extending the proposed 24-hour window to longer 
windows (e.g., 36 or 48 hours and under what conditions such extensions 
would be warranted). FRA asks that commenters specifically explain how 
any alternatives identified would meet the statutory requirement of 49 
U.S.C. 20302(d)(2) requiring any changes to the regulations governing 
the ``installing, inspection, maintaining, and repair'' of train air 
brakes be made ``only for the purpose of achieving safety.''
    Existing Sec.  232.205 provides two methods for conducting Class I 
brake tests on pressure-maintaining brake valves such as the standard 
26-L brake valve: (1) A leakage test; or (2) an air flow method test. 
See Sec.  232.205(c)(1)(i), (ii). It is physically impossible to 
prevent all leakage from a train's brake pipe given the mechanical 
connections between cars' air hoses (i.e., a certain amount of air will 
always leak through the mechanical connections) and each method of 
testing measures the pressure drop in a train's brake pipe in different 
ways. The leakage test measures the amount of compressed air leaking 
from the brake pipe, while the air flow test method measures the amount 
of compressed air the pressure maintaining valve is putting back into 
the brake pipe in order to maintain the line's pressure. Regardless of 
the test method employed, existing Sec.  232.205 requires the pressure 
at the rear of the train to be within 15 psi of the pressure that the 
train will be operated at (known as the ``pressure taper'').
    When conducting a Class I test using the air flow method, existing 
paragraph (c)(1)(ii)(B) prohibits brake pipe leakage from exceeding 60 
cubic feet per minute (CFM). FRA proposes increasing the limit to 90 
CFM when distributed power (DP) or an air repeater unit is utilized.
    The traditional air flow test is measured from a single point of 
air flow, at the controlling locomotive of the train. In other words, 
the traditional air flow test method is measuring the amount of air the 
controlling locomotive's brake system is putting back into the train's 
brake pipe. Because the air originates at a single source (the 
controlling locomotive) and travels sequentially through each car's air 
brake system, each connected via a mechanical air hose, gradually the 
pressure in the train's airline tapers off. DP trains have locomotives 
located at two or more locations in the train, providing a uniform 
distribution of power to reduce unwanted in-train forces, and providing 
for multiple supplies of air brake pressure and control. Similarly, air 
brake repeater boxcars or containers mounted in well cars have been 
used to provide multiple sources of air brake pressure and control. 
When DP locomotives or air repeater units are used to conduct Class I 
brake tests, air in the train line is controlled from each of those 
sources, resulting in the pressure through the brake pipe being better 
maintained.
    Canadian railroads have operated with the higher air flow limit of 
90 CFM on DP trains since 2011. In 2013, BNSF demonstrated on a train 
of 110 grain cars that, when air pressure is provided at each end of 
the train consist through DP, a maximum 90 CFM air flow would only 
reduce the brake pipe pressure by 8 psi, well within the 15 psi 
pressure taper limit of Sec.  232.205(c)(1)(i)(A). Brake propagation 
rates were found to be comparable to 60 CFM levels. After consideration 
of BNSF's data and test findings, the Safety Board permitted a test 
waiver to test the concept and develop data on the use of 90 CFM 
airflow on DP trains. See Docket No. FRA-2012-0091.
    Under this waiver, BNSF, CN, CP, and UP operated test trains with 
oversight by a test committee comprised of railroad representatives, 
AAR brake committee members, affected labor representatives, air brake 
and DP equipment manufacturers, an FRA test monitor, and others 
involved with the operation of DP trains at higher CFM air flows (over 
60 CFM, but less than 90 CFM). All testing procedures and parameters 
were subject to a consensus of the entire test committee, and the 
approval of the FRA test monitor. Between December 5, 2013, and January 
13, 2017, the test committee supervised operation of 68 trains. All 68 
trains operated safely and without incident. One unintentional brake 
release occurred that the test committee concluded was an anomaly and 
not related to the test. FRA subsequently granted these railroads a 
standard waiver without the need for test committee supervision under 
Docket No. FRA-2012-0091.
    In light of the proven safety and efficacy of the waiver, FRA 
proposes the use of a 90 CFM air flow limit on distributed power and 
air brake repeater equipped trains. See proposed

[[Page 2502]]

Sec.  232.205(c)(ii)(B). The waivers permitted this flexibility subject 
to various conditions to ensure safety. FRA recognizes that the 
conditions in those waivers may be railroad- or territory-specific. To 
ensure the same level of safety intended by FRA when establishing the 
conditions applicable to each railroad's waiver operations, but to 
allow for continued flexibility, FRA proposes requiring that each 
railroad implement operating rules to ensure compliant operation of a 
train if air flow exceeds these parameters after the Class I brake test 
is completed. See proposed Sec.  232.205(c)(1)(ii)(B). In other words, 
an operating plan amended in accordance with this proposal would 
replace many of the restrictions and conditions of an associated 
waiver. A railroad may consider using the applicable waiver's 
conditions as a template or starting point when drafting their 
operating rules on this subject. FRA seeks comments on this proposal.
    Current Sec.  232.205(c)(1)(iii) requires air flow indicator 
calibration at least every 92 days and prohibits the calibration of air 
flow test orifices at temperatures below 20 degrees Fahrenheit. These 
standards were developed during a 1998 rulemaking incorporating into 
regulation the conditions from a previous waiver. See 63 FR 48294, 
48305, Sept. 9, 1998. However, in that rulemaking, FRA noted one 
railroad's report that it had problems calibrating the devices in 
extremely cold weather until it calibrated both components of the 
devices used (the AFM indicator and the test orifice) at temperatures 
of 20 degrees Fahrenheit and above. See 63 FR 48294, 48305, Sep. 9, 
1998. In other words, to accurately calibrate the devices, the entire 
AFM system--not just the test orifices--must be calibrated at not less 
than 20 degrees Fahrenheit.
    However, in the 1998 rule, FRA failed to specify that both the AFM 
indicator and the test orifice must be calibrated at temperatures of 20 
degrees Fahrenheit or above. Currently, BNSF is conducting a test 
waiver to study the safety and efficacy of extending the AFM 
calibration period to 184 days. During that proceeding, the AFM Test 
Waiver Committee determined that an air flow indicator (not calibration 
test orifice) calibrated at below 20 degrees F will not be able to 
maintain the required 3 CFM accuracy at high (i.e., > 90 
degrees F) ambient temperatures. See Docket No. FRA-2016-0086. The 
Committee brought this to FRA's attention when it was effectively 
reminded of this original 1998 comment by the poor results of 
calibrating the AFM at lower temperatures.
    Under the law of volumes (also known as Charles's Law), when the 
pressure on a sample of dry gas (ideally dry and without condensation 
or other contaminants) is held constant, the Kelvin temperature and the 
volume will be in direct proportion. This also means that as the 
temperature rises and the volume expands, the flow through the 
calibration orifice will change. Because of Charles's Law, when train 
brake air pressure is calibrated at very low temperatures, the 
temperature-volume relationship will cause air flow at high ambient 
temperatures to be outside the permitted accuracy of 3 CFM. 
Therefore, FRA proposes clarifying that the temperature of the AFM 
indicator and the test orifices, must be considered during calibration 
to insure accuracy.
    FRA proposes new paragraph (c)(1)(v) to codify long-standing FRA 
guidance regarding the compliant handling of an inoperative or out-of-
calibration AFM indicator. As noted above, because Sec.  232.205 allows 
railroads to choose between two methods of performing Class 1 brake 
tests: (1) The traditional leakage test; or (2) the air flow method 
using an AFM indicator, the installation and use of an AFM indicator is 
optional and the primary method of the leakage test (a test that does 
not require an AFM indicator) is always available.
    Under the Locomotive Inspection Act (the ``Act''; 49 U.S.C. 20701), 
a locomotive and its ``appurtenances'' must be ``in proper condition 
and safe to operate'' before it can be placed in service. FRA's 
Locomotive Safety Standards (49 CFR part 229) implement the Act. Under 
the Act, if a locomotive or appurtenance of a locomotive does not meet 
the ``in proper condition and safe to operate'' standard, it may not be 
placed in service. See 49 CFR 229.7. Because the use of an AFM 
indicator is optional and is not necessary for a locomotive to be ``in 
proper condition and safe to operate'', an AFM indicator is not an 
appurtenance to the locomotive under the Act. Accordingly, the daily 
inspection requirements of part 229 do not apply to an AFM indicator.
    To clarify the rules applicable to noncompliant or out of 
calibration air flow indicators, FRA proposes to add a new paragraph 
(c)(1)(v) addressing AFM indicators. This proposed new paragraph would 
prohibit the use of an AFM indicator not in compliance with part 232, 
require a noncompliant AFM indicator to be tagged under Sec.  
232.15(b), with the tag to be placed in a conspicuous location of the 
controlling locomotive cab. Furthermore, FRA recognizes that part 229 
(at Sec.  229.29(g)) currently requires the date of a locomotive's AFM 
indicator's calibration to be recorded on the locomotive's blue card 
(i.e., the Locomotive and Inspection Repair Record (FRA Form F 
6180.49A)). FRA believes this requirement has merit and will complement 
the proposal in this rule to tag noncompliant AFM indicators under 
Sec.  232.15(b). To consolidate the rules related to AFM indicators, 
FRA may consider removing this requirement from part 229 and moving it 
to part 232 in this or a future rulemaking to consolidate the rules 
related to AFM indicators. FRA seeks comments on this proposal.
Section 232.209 Class II Brake Tests--Intermediate Inspection
    FRA proposes amending the off-air requirements of this section. 
Please refer to the off-air requirements analysis provided for Sec.  
232.205.
Section 232.211 Class III Brake Tests-Trainline Continuity Inspection
    FRA proposes amending the off-air requirements of this section. 
Please refer to the off-air requirements analysis provided for Sec.  
232.205.
Section 232.213 Extended Haul Trains
    Under existing Sec.  232.213, a railroad may be permitted to move a 
train up to, but not exceeding, 1,500 miles between brake tests and 
inspections if the railroad designates a train as an extended haul 
train and the train meets certain requirements. On March 1, 2019, AAR 
submitted a petition for rulemaking that, if granted, would allow rail 
cars with a valid electronic air brake slip system (``eABS'') record to 
travel up to 2,500 miles between brake tests and inspections. In this 
NPRM, FRA is addressing only foundational requirements, such as the 24-
hour off-air proposal, that could support the full implementation of 
eABS. However, FRA intends to address eABS in a future proceeding.
    For a train to qualify as an extended haul train, paragraph (a)(1) 
requires the railroad to, in writing, designate the train as an 
extended haul train and provide certain information to FRA, including 
``[t]he type or types of equipment the train will haul.'' See 49 CFR 
232.213(a)(1)(iii). This provision requiring a train description was 
issued in lieu of requiring specific identification of every train and 
is necessary to facilitate FRA's ability to independently monitor a 
railroad's operation of these extended haul trains. The applicable 
NPRM, to which the final rule stated it was not making changes, 
indicated that the requirement was to also help ensure ``that a train 
is

[[Page 2503]]

in safe and proper condition to travel a prescribed distance without 
further inspection.'' 59 FR 47676, 47693, Sept. 16, 1994.
    Since the final rule was published, railroads have periodically 
supplied FRA with spreadsheets identifying their extended haul trains 
and providing the required information. Over time, some railroads have 
changed the format of their spreadsheet submissions and FRA has 
generally accepted an abbreviated identification of each train type as 
long as it is sufficiently descriptive. However, recently railroads 
have included very generic equipment type references on their 
submissions (e.g., ``general merchandise,'' ``manifest,'' ``any''). 
These very generic descriptions are not adequate to inform FRA what the 
type of equipment a train is hauling and FRA is taking this opportunity 
to remind railroads of the need to identify with sufficient clarity the 
type of equipment being hauled in extended haul trains. FRA seeks 
comments and information on how to achieve such clarity on what level 
of description FRA should expect. Given that this provision is intended 
to ensure FRA can differentiate extended haul trains from non-extended 
haul trains for oversight purposes, FRA also seeks comments on whether 
there is a better way to differentiate such trains. FRA considered 
alternatives to the requirement for railroads to designate trains to 
FRA in advance as extended haul trains, but short of developing 
recordkeeping and retention requirements which would necessarily 
include more detailed information than currently required so that FRA 
could distinguish between extended haul and non-extended haul trains 
and determine whether brake tests and other inspections were performed 
as required, FRA did not identify any less burdensome method. FRA 
requests comments, however, on any potential alternatives that would 
achieve the same result as the designation currently required.
    When designating the train in writing to FRA, paragraph (a)(1)(iv) 
also requires the railroad to identify ``the locations where all train 
brake and mechanical inspections and tests will be performed.'' In 
other words, the submission must include the location of every expected 
brake and mechanical inspection, not only the Class I inspections 
performed by a qualified mechanical inspector, on the designated train. 
A failure to notify FRA of the locations the required initial or 
intermediate brake tests are performed could result in a violation for 
non-compliance. FRA has previously exercised enforcement discretion and 
has not objected to railroads changing the designated locations of 
brake tests and mechanical inspections of extended haul trains provided 
the railroad utilizes the notification procedures applicable to Class 
IA inspections (Sec.  232.207(c)(2)), or if the railroad provides an 
updated electronic spreadsheet identifying the locations. FRA believes 
that this notification procedure is appropriate for extended haul 
trains in the event of an emergency that alters normal train operations 
such as a derailment. Accordingly, FRA proposes to add a new paragraph 
(a)(8) mirroring the notification procedure of Sec.  232.207(c)(2) that 
would allow railroads the flexibility to designate different inspection 
and test locations for extended haul trains under certain 
circumstances. FRA believes that codification of this practice would 
provide the railroads a flexible reporting procedure, and ultimately 
regulatory certainty, to address emergency circumstances involving 
extended haul operations. FRA seeks comment on this proposal.
    Section 232.213 previously provided for an inbound inspection of 
all extended haul trains. Certain related requirements sunset on April 
1, 2007, without further FRA action, and FRA formally removed those 
requirements in 2008. See 73 FR 61511, 61523, 61553, Dec. 15, 2008. 
Nevertheless, several other references to the inbound inspection 
remain. FRA proposes to edit paragraphs (a)(5) and (a)(6) and modify 
numbering, where necessary, to provide clarity and to remove language 
that is no longer applicable. FRA seeks comments on this proposal.
    FRA also requests comments on potential regulatory alternatives to 
the existing extended haul provisions of Sec.  232.213, potential 
improvements that could be made to the section to clarify or expand the 
provision, or whether this provision could be eliminated by the 
adoption of certain alternative standards or requirements. For example, 
the section currently distinguishes between inspections conducted by 
``qualified mechanical inspectors'' and ``qualified persons'' (both of 
which are defined in Sec.  232.5). FRA requests comments and data on 
whether this distinction is still justified and necessary. FRA also 
requests comments on the utility and feasibility of extending the 
mileage limits between brake inspections the section contains and what, 
if any, safety data would support extensions of those limits. As noted 
above, FRA intends to address issues such as mileage limitations 
between brake tests in a separate rule addressing eABS as requested by 
AAR.
Section 232.217 Train Brake Tests Conducted Using Yard Air
    FRA proposes amending the off-air requirements of this section. 
Please refer to the off-air requirements analysis provided for Sec.  
232.205.
Section 232.219 Double Heading and Helper Service
    Section 232.219 provides regulations for the operation of double 
headed and helper locomotives in a train including when Helper Link or 
a similar technology is used to control the emergency brake function on 
helper locomotive consists. The rule, as written, is appropriate for a 
train with an EOT device; however, the rule is not compatible with 
trains that are not equipped with traditional EOT devices, including 
ECP-brake operated trains and trains with DP units in lieu of an EOT 
device. To address this issue, BNSF and MRL both sought regulatory 
relief from the requirements in 49 CFR 232.219. See Docket Nos. FRA-
2014-0013 and FRA-2006-26435. BNSF originally sought relief for ECP 
brake-configured train consists, and MRL sought relief for DP consists 
with one or more DP (non-helper) locomotives on the rear. FRA 
conditionally granted both waiver requests. Since granting this relief, 
there has been no known negative impact on safety involving these 
operations.
    FRA believes that codifying BNSF's and MRL's respective waiver 
requests would improve efficiency and is consistent with railroad 
safety. As such, FRA proposes new paragraph (d) permitting use of a 
properly installed and tested EOT device on the helper locomotive that 
is cut-in to the train line air supply. However, each railroad would 
ensure its safe operation by developing and implementing an associated 
operating rule consistent with parts 221 (concerning marker light 
display) and 232 (concerning EOT device installation and testing) and 
the conditions established in the waivers discussed above. FRA seeks 
comments on this proposal.
Section 232.305 Single Car Air Brake Tests
    For conducting the single car air brake tests prescribed by Sec.  
232.305(b), FRA has incorporated by reference AAR Standard S-486-04. 
AAR Standard S-486-04 was issued by AAR in 2004 and incorporated by 
reference into Sec.  232.305(a) by FRA in 2008. See 73 FR 61553, 61522, 
61553, Oct. 16, 2008. Under the processes outlined in Sec.  232.307--
which allows the industry to request FRA approval of modifications to a 
currently acceptable single car air

[[Page 2504]]

brake test procedure--FRA approved the use of AAR Standard S-486-18 in 
May 2018. See Docket No. FRA-2018-0011.
    The purpose of S-486 is to provide a means of making a general 
check on the condition of the brake equipment on cars as called for in 
the Filed Manual of the AAR Interchange Rules. Only Sections 4 and 5 
are codified as these are the tests that ensure safe operation of 
individual freight car brakes to comply with the Safety Appliance Act. 
Other sections of the Standard contain supplemental information that 
are not codified to provide flexibility to be updated without meeting 
Federal requirements. These include troubleshooting guidance and 
information on the maintenance and construction of the physical testing 
devices.
    AAR Standard S-486-18 is the industry's current, most updated 
standard for conducting single car air brake tests, and includes 
provisions for testing valves equipped with brake cylinder maintaining 
features that the 2004 version does not. In this rulemaking, FRA 
proposes to update the rule text to reflect these approved changes. 
More specifically, FRA proposes that paragraph (a) incorporate by 
reference AAR Standard S-486-18.
    In addition to updating the referenced version of AAR Standard S-
486, FRA also proposes incorporating by reference AAR Standard S-4027, 
which provides for a more automated version of the single car air brake 
test. For example, while the manual test is dependent upon the visual 
acuity of the carmen performing the inspection to read an analog gage 
to within 1 psi, an automated test can digitally measure and record a 
pressure to within the more exact 0.1 psi and does not require the same 
visual acuity on the part of the carmen performing the inspection. The 
testing device also provides electronic prompts and feedback to the 
carmen, ensuring that the test is performed in a consistent manner.
    BNSF and UP jointly petitioned FRA to allow use of AAR Standard S-
4027, ``Automated Single-Car Test Procedure, Conventional Brake 
Equipment,'' in lieu of AAR Standard S-487. See Docket No. FRA-2013-
0030. AAR Standard S-4027, while based on the requirements of AAR 
Standard S-486, includes automated processes to perform a single car 
air brake test with an automated single car test device (ASCTD). More 
specifically, the standard produces performance uniformity between each 
ASCTD regardless of manufacturer and describes the SCT procedure and 
the minimum performance that must be demonstrated to achieve AAR 
approval. Sections 3 and 4 are codified as they pertain to an automated 
tester connected to the end of a freight car, while section 13 pertains 
to an automated test performed from the side of a car using the four-
pressure manifold. These sections include the tests that ensure safe 
operation of individual freight car brakes to comply with the Safety 
Appliance Act. AAR most recently updated AAR Standard S-4027 in 2018.
    To be clear, FRA proposes to formally update the incorporated by 
reference AAR Standard S-486-04 to S-486-18, which has already gone 
through the Sec.  232.307 approval process. That standard concerns 
traditional single car air brake tests. In the alternative, if a 
railroad wishes to perform an automated single car air brake test, FRA 
proposes to incorporate by reference AAR Standard S-4027-18.
    In 2013, FRA granted a conditional test waiver permitting a two-
year period between automated single car testing procedures and 
establishing a test committee comprised of representatives from the air 
brake manufacturers, affected labor representatives, FRA, railroad 
representatives, AAR brake committee members, and others involved in 
ASCTD manufacture and operations. See Docket No. FRA-2013-0030. Under 
the consensus procedures established by the test committee and an FRA 
test monitor, BNSF, CN, CSX, and UP tested more than 800,000 freight 
cars over 4.5 years. The results appear to support the railroads' 
original test thesis that ASCTD testing would provide an average 11.5 
percentage point reduction in repeat failures (measured as failure 
occurring within one year of a single car test). The actual testing 
showed small differences between manual and automated tests initially 
but increasing differences over time. After one year, the rate of 
repeat failures for ASCTD-tested cars was 5 percentage points lower 
than manually-tested cars, and 12 percentage points lower after 4.5 
years. Moreover, while a traditional SCT device has a single hose 
connecting to the brake system to measure all functions, an ASCTD may 
utilize separate hoses to independently measure test pressures at their 
original sources on cars equipped with a four-pressure manifold for a 
more precise test (i.e., a four-pressure automated test). Freight cars 
tested with a four-pressure automated test provided a repeat failure 
rate of only about 5%, representing a 12-percentage point improvement 
over a traditional single car test after one year. After 4.5 years, 
four-pressure tested cars widened their margin over manually-tested 
cars by 42 percentage points, or about a 58% reduction in the rate of 
repeat failures. The test committee also found that ASCTDs generally 
identify more relevant air brake system defects in the categories of 
air components, control valves and pipe brackets, valves and 
subsystems, and other tests. Lastly, the test waiver data has shown 
that a car tested with an ASCTD is 26% less likely to have an AAR-
condemnable wheel impact load detector (WILD) indication, with four-
pressure showing an even better 70% improvement. Docket No. FRA-2013-
0030 contains a summary of the test committee's findings. FRA seeks 
comments on the above assessments and the applicability and sufficiency 
of those findings.
    With the knowledge gained under the test waiver, FRA believes AAR 
Standard S-4027 improves efficiencies and overall brake system health 
and is consistent with railroad safety. Therefore, FRA believes the 
standard is sufficiently mature and ripe for regulatory consideration 
as a standalone-standard under paragraph (a). FRA seeks comments on 
this proposal.
    Paragraph (b) identifies the events triggering a required single 
car air brake test. For instance, under paragraph (b)(2), ``a railroad 
shall perform a single car air brake test on a car when a car is on a 
shop or repair track . . . for any reason and has not received a single 
car air brake test within the previous 12-month period.'' Based on the 
results performed by the tests under Docket No. FRA-2013-0030, and the 
ability of the subject technology to provide a more comprehensive 
testing of the braking system, FRA feels it is warranted to propose an 
extension of time between single car air brake tests using this 
technology. Accordingly, FRA proposes relaxing the requirements under 
paragraph (b)(2) by only requiring a single car air brake test on ASCTD 
tested cars appearing on a shop or repair track within the past 24 
months; and extend the period for cars tested with the four-pressure 
ASCTD test to 48 months. FRA believes the data found under the test 
waiver supports this change. FRA seeks comments on this proposal.
    FRA also requests comments on the need to maintain the dual 
timeframes for conducting single car air brake tests in paragraphs 
(b)(2) and (c). Recognizing this framework was originally established 
based on an industry request to replace mandatory system overhaul with 
more frequent qualification testing, and that there are certain 
efficiencies gained by performing the single car air brake tests when 
they are already on a

[[Page 2505]]

repair track, FRA specifically requests comments on whether the repair 
yard provision of paragraph (b)(2) should be eliminated so that a 
single car air brake test would be required only every five years or 
when the brake system is impacted as contemplated under paragraph 
(b)(4). FRA understands that, on a daily basis, thousands of individual 
freight cars (out of the approximately 1.2 million freight cars in the 
North American fleet) are overdue for their single car air brake test. 
FRA requests comment on the effect the potentially eliminating the 
repair track provision of paragraph (b)(2) may have on this statistic 
and any policies to mitigate this potential issue.
Section 232.403 Design Standards for One-Way End-of-Train Devices
    Section 232.403 includes design standards for one-way EOT devices. 
More specifically paragraphs (d)(6) and (f)(4) include shock 
requirements for the rear unit and front unit, respectively, referring 
to a 0.1 second window.
    FRA technical staff believes a time window of 0.1 seconds is too 
large for maintaining a peak shock threshold and is likely a 
typographical or other error from a previous rulemaking. FRA proposes 
harmonizing the shock requirements in paragraphs (d)(6) and (f)(4) with 
the 0.01 second peak shock threshold in AAR Standards S-9152 and S-
9401. FRA seeks comments on this proposal.
    Since traditional EOT devices rely on batteries as a power source, 
paragraph (g)(2) requires a minimum EOT device battery life of 36 hours 
at 0 [deg]C. Manufacturers have developed EOT devices that rely less on 
batteries and more on an internal air-powered generator. The air-
powered generator converts mechanical energy--created by the brake pipe 
air pressure--into electricity used to power the EOT device.
    FRA has provided conditional waivers providing relief from this 
requirement for EOT devices using an air-powered generator as a power 
source. See Docket Nos. FRA-2006-25794 and FRA-2001-9270. In the 
interest of railroad safety, FRA required each subject EOT device to 
include a back-up battery--with a minimum operating life of 12 hours at 
0 [deg]C--in the event the air-powered generator stops functioning. FRA 
further required each subject railroad to submit annual reports 
providing the number of units provided to the railroad, identifying any 
device modifications, and summarizing air-powered generator-powered EOT 
device performance.
    To date, FRA has not received any reports of accidents due to EOT 
device operations under these waivers. The railroads initially provided 
annual reports with EOT device data supplied by their manufacturers. 
However, after the safety of air turbines was well-established, the 
reports were reduced to a summary provided every five years along with 
the waiver renewal request. See Docket No. FRA-2001-9270. Upon review, 
FRA believes that the conditions originally applied to the waiver are 
no longer necessary to ensure railroad safety due to the railroad 
industry's continued safe operation with air-driven, alternator-
equipped EOT devices. Accordingly, FRA proposes codifying the waivers 
in proposed new paragraph (g)(3) to provide for use of an air-powered 
generator as a primary power source as long as it operates with a 
backup battery with a minimum of 12 hours of continuous power at 0 
[deg]C. FRA believes this change would improve efficiency and is 
consistent with railroad safety. FRA seeks comments on this proposal. 
Specifically, FRA seeks comments on (1) what factors should be used to 
determine which source should be considered the primary power supplier 
and how FRA and the industry should quantify measuring those sources to 
determine primacy; (2) whether the proposal to require any backup 
battery to have a minimum of 12 hours of continuous power at 0 [deg]C 
is sufficient; (3) whether the reference temperature of 0 [deg]C is 
appropriate or if another reference temperature would be more 
appropriate; and (4) the best methods for FRA and the industry to 
accurately measure each battery's initial charge at installation.
Section 232.407 Operations Requiring Use of Two-Way End-of-Train 
Devices; Prohibition on Purchase of Nonconforming Devices
    Section 232.407(f)(2) deals with battery charging requirements for 
two-way EOT devices. This requirement applies to a main battery storing 
the energy necessary to power the EOT device. However, with an air-
powered generator, the energy created is used to either directly power 
the EOT device, charge the back-up battery, or both. FRA proposes 
adding language to the end of paragraph (f)(2) requiring the testing of 
air-powered generator-equipped devices to determine the residual charge 
of the back-up battery before initiating operation. This requirement is 
meant to ensure that the generator back-up battery has a minimal 
residual charge, which will ensure that it is working properly and is 
capable of temporarily powering the EOT device should the air-powered 
generator fail.
Section 232.409 Inspection and Testing of End-of-Train Devices
    Section 232.409 includes requirements for EOT device inspection and 
testing. More specifically, existing paragraph (d) requires each EOT 
device's telemetry equipment be tested at least every 368 days for 
accuracy and calibrated, if necessary, in accordance with the 
manufacturer's specifications and procedures.
    The need for periodic telemetric equipment calibration has been 
reduced by technological advances that include continuous feedback such 
as phase-lock loop (PLL). FRA has granted multiple waiver requests, 
providing conditional relief from the 368-day calibration requirement 
when using PLL or a similar feedback loop technology. In the interest 
of railroad safety, FRA required vendors to apply a weather-resistant 
label on each EOT device covered under the applicable dockets and the 
waiver recipients--e.g., DPS, Ritron, Siemens, and Wabtec--to file 
annual reports indicating the number of covered EOT devices purchased 
and the number that failed to operate as intended. See, e.g., Docket 
Nos. FRA-2015-0044; FRA-2012-0096; FRA-2009-0015; and FRA-2004-18895.
    FRA has received no reports of PLL-equipped radios not failing in a 
fail-safe manner. When a PLL-equipped radio is turned on and does not 
complete its ``sum check'' function--the initializing software routine 
to check system health--because frequency cannot be verified, it simply 
will not operate. Based on data garnered from the required annual 
reporting on these waivers, summarized in the renewal applications 
contained in the applicable dockets, FRA believes incorporating the 
waivers into the regulations is consistent with railroad safety and 
will provide railroads added flexibility to improve the efficiency of 
their operations. Accordingly, FRA proposes revising paragraph (d) to 
require telemetry equipment to be ``tested for accuracy and calibrated 
if necessary according to the manufacturer's specifications and 
procedures,'' effectively codifying the existing waivers from paragraph 
(d)'s calibration requirement. FRA seeks comments on this proposal.
    While Sec.  232.409 includes EOT device inspection and testing 
requirements, including testing of ``radio frequencies and modulation 
of the device,'' it does not include calibration requirements for EOT 
device air pressure sensors (i.e., air gauges or transducers in lieu of 
gauges).

[[Page 2506]]

FRA proposes new paragraph (e) to address this apparent omission.
    FRA's locomotive safety standards (49 CFR part 229) currently 
require annual calibration of those electronic gauges that are part of 
the locomotive equipment or otherwise used to perform single car tests 
or train brake tests conducted using yard air. See 49 CFR 229.27(b), 
232.217(d), and 232.309(c). Specifically, paragraphs (a) and (b) of 
Sec.  229.27 require each device that: (1) Engineers use to aid in the 
control or braking of a train or locomotive; and (2) provides an 
indication of air pressure electronically, to be tested by comparison 
at least every 368 days with a test gauge or self-test designed for 
this purpose. While FRA believes that, as written, Sec.  229.27 applies 
to the air pressure sensor in an EOT device since the air pressure 
reading at the EOT device is used to control the train, FRA believes 
this requirement should be more explicit. Accordingly, in proposed new 
paragraph (e), FRA proposes to cross-reference Sec.  229.27. FRA seeks 
comments on this proposal.
    FRA is concerned with the safety risks associated with loss of 
communications events between the controlling locomotive and the EOT 
device, including both those exceeding 16 minutes and 30 seconds (``en 
route failure''), thereby prompting a notification to the locomotive 
engineer, and those not exceeding the en route failure threshold but go 
unreported to the engineer. Under Sec.  232.405(b), the front unit must 
listen for acknowledgment of a signal from the rear unit and must 
repeat the brake application command if the acknowledgment is not 
correctly received. However, recent reports indicate various 
controlling locomotives have failed to send an emergency application 
signal to the EOT device after 2-minutes of not receiving a signal from 
the rear end unit. Initial field reports indicate that some railroads 
remain unaware of the level of communication loss experienced. 
Accordingly, FRA seeks comments on the frequency and duration of 
communications losses; what operational and technological solutions for 
communication loss the industry has considered and implemented; what 
should be done to ensure an emergency signal is sent and received by 
the system when needed even in the event of a temporary communications 
loss; and what has and should be done to alert the locomotive engineer 
that a loss of communication has occurred. FRA encourages the use of 
modern event, fault, and data logging technology now contained in many 
onboard systems and, accordingly, FRA is particularly interested in 
comments on the feasibility and availability of these types of 
technology to address the issue of temporary communications loss.
Section 232.603 Design, Interoperability, and Configuration Management 
Requirements
    FRA is revising paragraph (a) and adding paragraph (g) to meet the 
formatting and structure requirements for incorporation by reference 
under 1 CFR part 51. FRA proposes to update the standards in paragraphs 
(a)(1), (a)(2), (a)(4), (a)(6), and (a)(7). The purposes of the 
standards are as follows: S-4200 ensures uniform and consistent 
functionality and performance of ECP freight brake systems from 
different manufacturers; S-4210 provides the qualification test 
procedure to verify that the designed components have high reliability, 
will withstand harsh environmental conditions, and have a minimum 8-
year operating life; S-4230 facilitates freight car and locomotive 
interoperability without limiting the proprietary design approaches 
used by individual suppliers and defines the requirements for an 
intratrain communications (ITC) system for freight equipment in revenue 
interchange service; S-4250 ensures uniform, consistent, and 
interoperable functionality and performance between devices developed 
by different manufacturers, by defining the high-level performance 
requirements to operate multiple locomotives via an ITC network; and S-
4260 identifies the test procedure that individual suppliers would 
complete to establish the interoperability baseline among ECP/WDP (wire 
distributed power) systems that comply with the AAR S-4200 series of 
standards.
    The standard referenced in paragraphs (a)(3), (a)(5), and (a)(8) 
are the most updated versions, so FRA does not propose to revise those 
paragraphs.
    FRA seeks comments on these updates.
Subpart H--Tourist, Scenic, Historic, and Excursion Operations Braking 
Systems
    FRA proposes to create a new subpart H and move appendix B, with 
some revisions, to that new subpart. Appendix B was created to preserve 
part 232 as it existed prior to the 2001 final rule and was intended to 
apply to tourist, scenic, historic, and excursion operations.\6\ To 
retain the historic integrity of the text, FRA made subsequent changes 
in a separate appendix narrative titled ``Clarifications.'' FRA 
recognizes that such a regulatory solution may be confusing and 
eventually, unwieldy and, therefore, is proposing to move the 
requirements of appendix B into a new subpart H. FRA seeks comments on 
this proposal.
---------------------------------------------------------------------------

    \6\ On May 31, 2001, FRA issued an update to part 232. Some of 
the prior rule text was preserved in section I of appendix B to part 
232, which remains applicable to tourist, scenic, historic, or 
excursion railroads on the general system of transportation, who 
have not been required to operate under present parts 232 or 238. 
See Sec. Sec.  232.1(d) and 232.3(c)(5); 66 FR 4104, 4145-46, 4214, 
Jan. 17, 2001.
---------------------------------------------------------------------------

    For the most part, proposed subpart H reflects the exact text of 
appendix B. However, when converting Sec.  232.17 in appendix B to 
proposed Sec.  232.717, FRA proposes to add paragraph (b)(2) to 
reference AAR Standard S-4045-13, which establishes for passenger 
equipment cars operating in the U.S. and Canada standard maintenance 
practices and operating requirements, including the periodic inspection 
requirements for air brake cleaning, repairing, lubricating, and 
testing (known in the industry as ``clean, oil, test, and stencil'' or 
``COT&S'').
    This proposed addition would change the brake inspection 
requirements from AAR Standard S-045 to S-4045-13 which would extend 
the timeline related to periodic brake valve inspections, based upon 
the safety experience of the waiver at Docket No. FRA-2013-0063 and 
experience with the extended period for inspections at 49 CFR 
238.309(d)(2) and (3) for conventional passenger equipment.\7\ 
Railroads using 26-C type valves would now be required to test those 
valves every 60 months (instead of 48 months). Similarly, railroads 
using D-22 type valves would now be required to test those valves every 
48 months (instead of 36 months). FRA seeks comments on codifying this 
AAR standard.
---------------------------------------------------------------------------

    \7\ AAR Standard S-045 contains the periodic COT&S inspection 
requirements for air brakes. However, AAR Standard S-045 has been 
out-of-print since 1985 and is no longer supported by AAR. FRA 
discovered that many railroads not governed by part 238 (Passenger 
Equipment Safety Standards) were utilizing the periodic attention 
requirements of section 238.309 instead of the correct requirements 
under part 232, appendix B. FRA suspects the confusion of 
applicability and compliance may be partly due to AAR Standard S-045 
cited in appendix B being out of print. In 2013, upon notification 
of this situation, AAR updated and reissued the standard as AAR 
Standard S-4045-13. In December 2013, FRA issued a waiver to permit 
the use of AAR Standard S-4045-13 in lieu of the specified and out-
of-print AAR Standard S-045 as incorporated by reference in section 
232.17(b)(2) to appendix B. See Docket No. FRA-2013-0063.
---------------------------------------------------------------------------

    FRA also proposes to amend paragraph (b)(3) to provide AAR and 
APTA's updated addresses.

[[Page 2507]]

    FRA proposes to add paragraph (c) to allow tourist, scenic, 
historic, and excursion railroads to develop a compliant plan for 
servicing obsolete brake equipment. Under this proposal, these 
railroads--when utilizing equipment not covered by an applicable, 
available, and incorporated AAR standard--would only have to maintain 
the equipment in a safe and suitable condition for service according to 
a railroad's written maintenance plan. A compliant maintenance plan, 
including its COT&S component and a periodic attention schedule, must 
be based upon a standard appropriate to the equipment. For example, a 
compliant plan might utilize a recognized industry standard or a former 
AAR interchange standard to the extent it is modified to account for 
the unique operating conditions of the particular tourist railroad 
operation. The railroad must make its written maintenance plan 
available to FRA upon request.
    While FRA expects some individual railroads may develop their own 
written maintenance plans, FRA understands that HeritageRail Alliance, 
or a similar industry organization, may develop a consensus industry 
standard for the periodic maintenance of this brake equipment. FRA does 
not anticipate developing a formal special approval procedure for these 
written maintenance plans in order to allow flexibility in their 
development. However, when informally evaluating maintenance plans, FRA 
will consider the appropriate AAR-published standard in the last year a 
valve appeared in the Code of Rules or the Field Manual, the usage of 
the equipment, scheduled interim single car tests, and the railroad's 
past history of compliance.
    FRA recognizes that there may not be a sufficient regulatory 
understanding of what it means to be a tourist, scenic, historic, or 
excursion railroad. FRA seeks comments on the applicability of this 
section and potential definition to capture the intended regulatory 
entities.
    FRA proposes paragraph (d) to provide a means by which parties may 
seek approval of updated, revised, or alternative standards currently 
incorporated into appendix B and to be recodified under subpart H. FRA 
further proposes to include in paragraph (d) a streamlined public 
notice process for future modifications to those incorporated 
references. FRA proposes that this text mirror the standard air brake 
document modification language found in current Sec. Sec.  232.307 and 
232.603(f). FRA believes these proposed additions would: (1) Implement 
appropriate safety measures better tailored to small operations; (2) 
make permanent presently granted relief in Docket No. FRA-2013-0063; 
and (3) significantly decrease the burden of hours spent on waiver 
documentation and uncertainty of continued use, while maintaining 
appropriate safety. FRA seeks comments on this proposal.
    Based on the proposed amendments, FRA believes that the text in 
Sec.  232.3, proposed subpart H, and elsewhere may require additional 
amendments other than those proposed in this rule for clarity and 
cross-referencing purposes. FRA seeks suggestions and comments on such 
changes.
    FRA recognizes that some of the requirements in current appendix B 
also exist elsewhere in part 232. For instance, the requirements of 
paragraphs (c) through (e) to Sec.  232.0 in appendix B, proposed to be 
recodified as Sec.  232.700(c) through (e), may already be covered 
under Sec. Sec.  232.5, 232.9, and 232.11, and that the requirements of 
Sec.  232.3 in appendix B, proposed to be recodified as Sec.  232.703, 
may already be covered by Sec.  232.103(l). FRA seeks comments on 
whether these or similar requirements are duplicative and should not be 
included in subpart H. FRA also seeks comments on how to otherwise 
streamline and clarify appendix B as it is recodified as subpart H.
    Appendix B makes various references to AAR Code of Rules and AAR 
Code of Tests.\8\ FRA understands that the titles of documents have 
since been changed to the Field Manual of the AAR Interchange Rules and 
the Manual of Standards and Recommended Practices, respectively. While 
FRA addresses this change in proposed Sec.  232.717(c), FRA seeks 
comments on how to better revise proposed subpart H to account for this 
change. FRA also seeks comments on how manage future changes to such 
AAR documents while ensuring future compliance with 1 CFR part 51.
---------------------------------------------------------------------------

    \8\ FRA notes that the introductory text of section II, along 
with other places in sections I and II of appendix B to part 232, 
references AAR's ``Code of Tests,'' ``Code of Rules,'' and ``Manual 
of Standards and Recommended Practices.'' The Power or Train Brakes 
Safety Appliance Act of 1958 required that FRA's predecessor, the 
Interstate Commerce Commission, adopt as its own certain AAR rules, 
standards, and instructions. See Public Law 85-375, 72 Stat. 86 
(Apr. 11, 1958), available at https://www.gpo.gov/fdsys/pkg/STATUTE-72/pdf/STATUTE-72-Pg86.pdf, and codified at 23 FR 3150, May 13, 
1958. Some of those AAR standards were commonly referred to as AAR's 
``Code of Tests'' or ``Code of Rules.'' AAR subsequently changed the 
Code of Rules to the ``Field Manual of the AAR Interchange Rules,'' 
and incorporated the Code of Tests into the ``AAR Manual of 
Standards and Recommended Practices.''
---------------------------------------------------------------------------

IV. Regulatory Impact and Notices

A. E.O. 12866 and DOT Regulatory Policies and Procedures

    This NPRM is a significant regulatory action in accordance with 
existing policies and procedures under E.O. 12866. The scope of this 
analysis is limited to the revisions that FRA is proposing to make to 
the parts 218, 221, and 232. FRA concluded that because this NPRM 
generally includes only voluntary actions or alternative action by 
designated entities that would be voluntary, this NPRM does not impart 
additional burdens on regulated entities.
    In accordance with these Executive Orders, FRA identified various 
waivers that warrant consideration for regulatory codification. In 
particular, FRA is proposing to incorporate into regulations several 
motive power and equipment waivers providing conditional exceptions to 
existing rules concerning air brake testing, EOT devices, brake valves, 
and helper service. More specifically, FRA is proposing changes to the 
regulations affecting the use of EOT devices, Helper Link devices or 
similar technologies, and the performance of Class I air brake tests 
and single car air brake tests (SCT). FRA is also proposing to extend 
the time freight rail equipment can be ``off-air'' before requiring a 
new brake inspection. Furthermore, FRA is also proposing technical 
corrections to existing regulations.
    FRA estimated the cost savings of this proposed rule. The cost 
savings of this proposed rule are provided in the table below.

                                        Cost Savings Over 10-Year Period
                                              [Values in millions]
----------------------------------------------------------------------------------------------------------------
                 Section                  Present value 7%  Present value 3%    Annualized 7%     Annualized 3%
----------------------------------------------------------------------------------------------------------------
Helper Link.............................              $3.9              $4.5              $0.6              $0.5

[[Page 2508]]

 
D-22 Brake Valve........................               0.5               0.6              0.07              0.07
26-C Brake Valve........................               0.2               0.3              0.04              0.03
24-Hour Off-air.........................             325.6             386.2              46.4              45.3
90 CFM..................................               1.8               2.1               0.3               0.2
SCT 24 month............................             150.7             176.1              21.5              20.6
SCT 48 month............................              19.5              23.8               2.8               2.8
Waiver Cost Savings.....................               0.1               0.1              0.01              0.01
                                         -----------------------------------------------------------------------
    Total...............................             502.2             593.7              71.5              69.6
----------------------------------------------------------------------------------------------------------------

    Over a 10-year period of analysis, the total cost savings are 
$502.2 million (using a 7% discount rate), and $593.7 million (using a 
3% discount rate). The annualized cost savings are $71.5 million (using 
a 7% discount rate) and $69.6 million (using a 3% discount rate).
    By way of explaining the above table, among the EOT device waivers 
incorporated into the NPRM, the waiver allowing a Helper Link (or 
similar technology) equipped train to use an alternative air brake test 
procedure will result in cost savings. The Helper Link technology 
reduces the employees' time in uncoupling the helper locomotive from 
the train so that it may be turned around to help other trains ascend 
steep grades. FRA bases its estimate of cost savings on this reduced 
labor time. For the 26-C and D-22 type brake valves, FRA is extending 
the time before these types of valves need to be inspected and cleaned, 
resulting in fewer tests and labor savings. FRA is also extending the 
time before a Class I brake test must be conducted on rail equipment 
that is not connected to a source of compressed air prior to being 
operated in a train again, from 4 hours to 24 hours. FRA estimates 
railroads will accrue savings from performing fewer brake tests, less 
locomotive idling time to keep rail cars on compressed air (including 
reduced fuel consumption), and less use of yard air sources. This 
provision will result in annualized cost savings of $46 million (using 
a 7% discount rate), the largest category of cost savings.
    Similar to the flexibility provided by other waivers, permitting an 
increase in brake pipe leakage to 90 CFM under certain conditions will 
allow railroads to conduct air brake tests without having to wait for 
additional crews (to test in higher daytime temperatures), or run 
shorter trains. The efficiencies gained through codifying the 90 CFM 
waiver are monetized in the table above. Finally, FRA expects large 
cost savings by increasing the time between single car air brake tests 
from 12 to 24 months for automated tests, and to 48 months for 
automated tests using a four-pressure receiver. FRA estimates the 
longer interval between tests for rail cars using automated tests 
(about 1.1 million freight cars out of 1.6 million freight cars in 
service) will result in the monetized time savings shown in the table.
    Separately, FRA expects the regulated community to submit fewer 
waiver requests, and requests for waiver extensions to FRA for the 
regulatory parts subject to this NPRM. FRA generally approves waivers 
for five years and may extend them upon request. Given the NPRM 
codifies these waivers, railroads and suppliers will save the cost of 
applying and re-applying for these waivers. These collective savings 
are represented in the Waiver Cost Savings category in the table.
    FRA estimates this proposed rule would not impose any costs on the 
industry. This NPRM generally increases flexibility for the regulated 
entities by codifying waivers. It does not impose any new substantive 
requirements. Railroads and suppliers may choose voluntarily to take 
advantage of the flexibilities under this NPRM. However, under proposed 
Sec.  232.409(e), FRA is clarifying the EOT device air pressure sensor 
needs to be tested annually. As this section clarifies an existing 
regulatory requirement, FRA is not accounting for these costs in the 
overall analysis for this rulemaking, but acknowledges railroads may 
incur a burden to calibrate the air pressure sensor on the EOT device. 
The burdens are further described in the regulatory evaluation 
accompanying this NPRM.
    Therefore, the net cost savings of this proposed rule are equal to 
the cost savings. The table below shows the total net cost savings 
(values in millions).

----------------------------------------------------------------------------------------------------------------
                                       Present value 7%   Present value 3%    Annualized 7%      Annualized 3%
----------------------------------------------------------------------------------------------------------------
Net Cost Savings....................            $502.2             $593.7              $71.5              $69.6
----------------------------------------------------------------------------------------------------------------

    The net cost savings are $502.2 million (7% discount rate) and 
$593.7 million (3% discount rate). The annualized net cost savings are 
$71.5 million (7% discount rate) and $69.6 million (3% discount rate).
    As is discussed in the NPRM above, FRA does not believe that these 
provisions would have a negative impact on the safety of railroad 
operations. In fact, codifying several of the waivers may result in 
positive safety benefits for railroad employees. In general, the EOT 
device waivers, appendix B updates, 24-hour off-air, and automated 
single car tests will all reduce the frequency of air brake tests and 
inspections. Fewer brake tests and inspections will reduce the time 
employees are walking on potentially uneven ground such as track 
ballast (typically crushed stone), and reduce their chances of 
slipping, tripping, or falling. Also, railroad employees may reduce 
their chances of injury because they would spend less time moving in 
and around rail cars while connecting and disconnecting equipment for 
the brake test and checking equipment such as the brake pipe. For air 
brake tests conducted in yards, less frequent brake tests would likely 
result in employees reducing their exposure to adjacent train

[[Page 2509]]

traffic. FRA has not quantified these safety benefits because it does 
not have injury data specifically from conducting brake tests. FRA 
invites comment on the potential safety benefits from codifying these 
waivers.

B. Regulatory Flexibility Act and E.O. 13272

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) and 
E.O. 13272 (67 FR 53461, Aug. 16, 2002) require agency review of 
proposed and final rules to assess their impacts on small entities. An 
agency must prepare an Initial Regulatory Flexibility Analysis (IRFA) 
unless it determines and certifies that a rule, if promulgated, would 
not have a significant economic impact on a substantial number of small 
entities. FRA has not determined whether this proposed rule would have 
a significant economic impact on a substantial number of small 
entities. Therefore, FRA seeks comment on the potential small business 
impacts of the requirements in this NPRM. FRA prepared an IRFA, which 
is included as an appendix to the accompanying Regulatory Impact 
Analysis and available in the docket for the rulemaking (FRA 2018-
0093), to aid the public in commenting on the potential small business 
impacts of the requirements in this NPRM.

C. Paperwork Reduction Act

    FRA is submitting the information collection requirements in this 
proposed rule to the Office of Management and Budget (OMB) for approval 
under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq. The 
sections that contain the new and current information collection 
requirements and the estimated time to fulfill each requirement is as 
follows:

----------------------------------------------------------------------------------------------------------------
                                                                                                        Total
                                                                                                        annual
         CFR section              Respondent       Total annual      Average time     Total annual      dollar
                                   universe          responses      per  response     burden hours    equivalent
                                                                                                         cost
----------------------------------------------------------------------------------------------------------------
229.27--Annual tests.........  30,000            120,000 forms/    15 minutes.....  30,000 hours...   $2,160,000
                                locomotives.      filling.
232.3--Applicability--Export,  741 railroads...  8 cards.........  10 minutes.....  1 hour.........           72
 industrial, & other cars not
 owned by railroads-
 identification.
232.7--Waivers...............  741 railroads...  2 petitions.....  160 hours......  320 hours......       23,360
232.15--Movement of Defective  1,620,000 cars..  128,400 tags/     2.5 minutes....  5,350 hours....      385,200
 Equipment--Tags/Records.                         records.
    --Written Notification...  1,620,000 cars..  25,000 notices..  3 minutes......  1,250 hours....       92,500
232.17--Special Approval
 Procedure
    --Petitions for special    741 railroads...  1 petition......  100 hours......  100 hours......        7,300
     approval of safety-
     critical revision.
    --Petitions for special    741 railroads...  1 petition......  100 hours......  100 hours......        7,300
     approval of pre-revenue
     service acceptance plan.
    --Service of petitions...  741 railroads...  1 petition......  20 hours.......  20 hours.......        1,460
    --Statement of interest..  Public/railroads  4 statements....  8 hours........  32 hours.......        2,336
    --Comment................  Public/railroads  13 comments.....  4 hours........  52 hours.......        3,796
232.103--Gen'l requirements--  114,000 cars....  70,000 stickers.  10 minutes.....  11,667 hours...      840,024
 all train brake systems--
 stickers.
(n)(7)--RR Plan identifying    741 railroads...  1 revised plans.  10 hours.......  10 hours.......          730
 specific locations or
 circumstances where
 equipment may be left
 unattended.
    --Notification to FRA      741 railroads...  1 notice........  30 minutes.....  1 hour.........           73
     when RR develops and has
     plan in place or
     modifies existing plan.
    --Inspection of Equipment  741 railroads...  12 inspections/   4 hours........  48 hours.......        3,456
     by Qualified Employee                        records.
     after Responder Visit.
232.107--Air source            10 new railroads  1 plan..........  40 hours.......  40 hours.......        2,920
 requirements and cold
 weather operations--
 Monitoring Plan (Subsequent
 Years).
    --Amendments/Revisions to  50 railroads/     10 revisions....  20 hours.......  200 hours......       14,600
     Plan.                      plans.
    --Recordkeeping..........  50 railroads/     1,150 records...  20 hours.......  23,000 hours...    1,679,000
                                plans.
232.109--Dynamic brake         741 railroads...  1,656,000         4 minutes......  110,400 hours..    8,059,200
 requirements--status/record.                     records.
    --Inoperative dynamic      30,000            6,358 records...  4 minutes......  424 hours......       30,528
     brakes: Repair record.     locomotives.
    --Tag bearing words        30,000            6,358 tags......  30 seconds.....  53 hours.......        3,816
     ``inoperative dynamic      locomotives.
     brakes''.
    --Deactivated dynamic      8,000             10 markings.....  5 minutes......  1 hour.........           72
     brakes (Sub. Yrs.).        locomotives.
    --Operating rules          5 new railroads.  5 rules.........  4 hours........  20 hours.......        1,460
     (Subsequent Years).
    --Amendments/Revisions...  741 railroads...  15 revisions....  1 hour.........  15 hours.......        1,095
    --Requests to increase 5   741 railroads...  5 requests......  30 min. + 20     103 hours......        7,519
     mph overspeed                                                  hours.
     restriction.
    --Knowledge criteria--     5 new railroads.  5 amendments....  16 hours.......  80 hours.......        5,840
     locomotive engineers--
     Subsequent Years.
232.111--Train handling        5 new railroads.  5 procedures....  40 hours.......  200 hours......       14,600
 information.
    Sub. Yrs.--Amendments/     100 railroads...  100 revisions...  20 hours.......  2,000 hours....      146,000
     Revisions.
    --Report requirements to   741 railroads...  2,112,000         10 minutes.....  352,000 hours..   25,696,000
     train crew.                                  reports.
232.203--Training              15 railroads....  5 programs......  100 hours......  500 hours......       36,500
 requirements--Tr. Prog.--Sub
 Yr.
    --Amendments to written    741 railroads...  695 revisions...  8 hours........  5,560 hours....      405,880
     program.
    --Training records.......  741 railroads...  67,000 records..  8 minutes......  8,933 hours....      652,109
    --Training notifications.  741 railroads...  67,000 notices..  3 minutes......  3,350 hours....      244,550
    --Audit program..........  741 railroads...  1 plan + 695      40 hours/1 min.  52 hours.......        3,796
                                                  copies.
    --Amendments to            741 railroads...  50 revisions....  20 hours.......  1,000 hours....       73,000
     validation/assessment
     program.
232.205--Initial terminal      741 railroads...  383,840 notices/  45 seconds.....  4,798 hours....      355,052
 inspection: Class I brake                        records.
 tests and notifications/
 records.
(c)(1)(ii)(B)--RR Development/ 741 railroads...  10 revised        8 hours........  80 hours.......        5,840
 implementation of operating                      operating rules.
 rules to ensure compliant
 operation of train if air
 flow exceeds stipulated
 section parameters after
 Class I brake test is
 completed (New Requirement).

[[Page 2510]]

 
(c)(1)(iii)--Form 49A          741 railroads...  88,000 notations  2 minutes......  2,933 hours....      214,109
 notation/certification of
 last date of Air Flow Method
 (AFM) indicator calibration
 (Formally under 229.29b).
232.207--Class 1A brake        741 railroads...  1 list..........  1 hour.........  1 hour.........           73
 tests--Designation Lists
 Where Performed.
Subsequent Years: Notice of    741 railroads...  250 notices.....  10 minutes.....  42 hours.......        3,066
 Change to.
232.209--Class II brake tests- 741 railroads...  159,740 comments  3 seconds......  133 hours......        9,709
 intermediate ``Roll-by
 inspection--Results to train
 driver.
232.213--Written Designation   83,000 long       250 letters.....  15 minutes.....  63 hours.......        4,599
 to FRA of Extended haul        dist. Movements.
 trains.
    --Notification to FRA      10 railroads....  250 notices.....  10 minutes.....  42 hours.......        3,066
     Associate Administrator
     for Safety/FRA Regional
     Administrator of a
     change in the location
     where an extended haul
     brake test is performed
     (New Requirement).
232.219--Double heading and    2 railroads.....  50 recording of   2 minutes......  2 hours........          148
 helper service: Testing/                         calibrations.
 calibration/records of
 Helper Link devices used by
 locomotives (New
 Requirement).
232.303--General               1,600,000 frgt.   5,600 tags......  5 minutes......  467 hours......       33,624
 requirements--single car       cars.
 test: Tagging of Moved
 Equipment.
    --Last repair track brake  1,600,000 frgt.   240,000 markings  2 minutes......  8,000 hours....      576,000
     test/single car test--     cars.
     Stenciled on Side of
     Equipment.
232.307--Modification of       AAR.............  1 request + 3     20 hours + 5     20 hours.......        1,460
 single car air brake test                        copies.           minutes.
 procedures: Requests.
    --Affirmation Statement    AAR.............  1 statement + 4   30 minutes + 5   1 hour.........           73
     on Mod. Req. To Employee                     copies.           minutes.
     Representatives.
    --Comments on              Railroad/Public.  2 comments......  8 hours........  16 hours.......        1,168
     Modification Request.
232.309--Repair track brake    640 shops.......  5,000 tests.....  2 minutes......  167 hours......       12,024
 test.
232.403--Unique Code.........  245 railroads...  12 requests.....  5 minutes......  1 hour.........           73
232.409--Inspection/Tests/     245 railroads...  447,500 notices/  30 seconds.....  3,729 hours....      268,488
 Records EOTs.                                    record.
    --Telemetry Equipment--    245 railroads...  17,000 recording  2 minutes......  567 hours......       40,824
     Testing/Calibration/Rcds                     of calibrations.
     (Revised Requirement).
232.503--Process to introduce  741 railroads...  1 letter........  1 hour.........  1 hour.........           73
 new brake technology.
    --Special approval.......  741 railroads...  1 request.......  3 hours........  3 hours........          219
232.505--Pre-revenue svc       741 railroads...  1 procedure.....  160 hours......  160 hours......       11,680
 accept test plan--Submission
 of maintenance procedure.
    --Amendments to            741 railroads...  1 revision......  40 hours.......  40 hours.......        2,920
     maintenance procedure.
    --Design description.....  741 railroads...  1 petition......  67 hours.......  67 hours.......        4,891
    --Report to FRA Assoc.     741 railroads...  1 report........  13 hours.......  13 hours.......          949
     Admin. for Safety.
    --Brake system technology  741 railroads...  1 description...  40 hours.......  40 hours.......        2,920
     testing.
                              ----------------------------------------------------------------------------------
        Totals...............  741 railroads...  5,608,433.......  N/A............  578,268........   42,159,140
----------------------------------------------------------------------------------------------------------------

    All estimates include the time for reviewing instructions; 
searching existing data sources; gathering or maintaining the needed 
data; and reviewing the information. Pursuant to 44 U.S.C. 
3506(c)(2)(B), FRA solicits comments concerning: Whether these 
information collection requirements are necessary for the proper 
performance of the functions of FRA, including whether the information 
has practical utility; the accuracy of FRA's estimates of the burden of 
the information collection requirements; the quality, utility, and 
clarity of the information to be collected; and whether the burden of 
collection of information on those who are to respond, including 
through the use of automated collection techniques or other forms of 
information technology, may be minimized. For information or a copy of 
the paperwork package submitted to OMB, contact Ms. Hodan Wells, 
Information Clearance Officer, at 202-493-0440, or Ms. Kimberly Toone 
at 202-493-6132.
    Organizations and individuals desiring to submit comments on the 
collection of information requirements should direct them to Ms. Hodan 
Wells or Ms. Kimberly Toone, Federal Railroad Administration, 1200 New 
Jersey Avenue SE, 3rd Floor, Washington, DC 20590. Comments may also be 
submitted via email to Ms. Hodan Wells or Ms. Toone at the following 
addresses: [email protected] and [email protected].
    OMB is required to make a decision concerning the collection of 
information requirements contained in this proposed rule between 30 and 
60 days after publication of this document in the Federal Register. 
Therefore, a comment to OMB is best assured of having its full effect 
if OMB receives it within 30 days of publication. The final rule will 
respond to any OMB or public comments on the information collection 
requirements contained in this proposal.
    FRA is not authorized to impose a penalty on persons for violating 
information collection requirements which do not display a current OMB 
control number, if required. FRA intends to obtain current OMB control 
numbers for any new information collection requirements resulting from 
this rulemaking action prior to the effective date of the final rule. 
The OMB control number, when assigned, will be announced by separate 
notice in the Federal Register.

D. Environmental Impact

    FRA has evaluated this proposed rule in accordance with the 
National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et seq.); 
FRA's regulations implementing NEPA; and other environmental statutes, 
Executive Orders, and related regulatory requirements. FRA has 
determined that this proposed rule does not require the the preparation 
of an environmental impact statement or environmental assessment 
because it is categorically excluded from detailed environmental review 
pursuant to 23 CFR 771.116(c)(15), covering, in part, the promulgation 
of rules.
    In addition, in accordance with 23 CFR 771.116(b), the agency has 
further concluded that no unusual

[[Page 2511]]

circumstances exist with respect to this proposed rule that might 
trigger the need for a more detailed environmental review. As a result, 
FRA finds that this proposed rule is not a major Federal action 
significantly affecting the quality of the human environment.

E. Federalism Implications

    E.O. 13132, ``Federalism'' (64 FR 43255, Aug. 10, 1999), requires 
FRA to develop an accountable process to ensure ``meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have federalism implications.'' ``Policies that have 
federalism implications'' are defined in the Executive Order to include 
regulations that have ``substantial direct effects on the States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government.'' Under E.O. 13132, the agency may not issue a 
regulation with federalism implications that imposes substantial direct 
compliance costs and that is not required by statute, unless the 
Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments or the agency 
consults with State and local government officials early in the process 
of developing the regulation. Where a regulation has federalism 
implications and preempts State law, the agency seeks to consult with 
State and local officials in the process of developing the regulation.
    FRA has analyzed this proposed rule in accordance with the 
principles and criteria contained in E.O. 13132. This proposed rule 
generally codifies existing waivers or makes technical amendments to 
existing FRA regulations. FRA has determined that this final rule has 
no federalism implications, other than the possible preemption of state 
laws under 49 U.S.C. 20106. Therefore, the consultation and funding 
requirements of E.O. 13132 do not apply, and preparation of a 
federalism summary impact statement for the proposed rule is not 
required.

F. Unfunded Mandates Reform Act of 1995

    Pursuant to section 201 of the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4, 2 U.S.C. 1531), each Federal agency shall, unless 
otherwise prohibited by law, assess the effects of Federal regulatory 
actions on State, local, and tribal governments, and the private sector 
(other than to the extent that such regulations incorporate 
requirements specifically set forth in law). Section 202 of the Act (2 
U.S.C. 1532) further requires that before promulgating any general 
notice of proposed rulemaking that is likely to result in the 
promulgation of any rule that includes any Federal mandate that may 
result in expenditure by State, local, and tribal governments, in the 
aggregate, or by the private sector, of $100,000,000 or more (adjusted 
annually for inflation) in any 1 year, and before promulgating any 
final rule for which a general notice of proposed rulemaking was 
published, the agency shall prepare a written statement detailing the 
effect on State, local, and tribal governments and the private sector. 
This proposed rule would not result in such an expenditure, and thus 
preparation of such a statement is not required.

G. Energy Impact

    E.O. 13211 requires Federal agencies to prepare a Statement of 
Energy Effects for any ``significant energy action.'' 66 FR 28355, May 
22, 2001. FRA evaluated this proposed rule in accordance with E.O. 
13211 and determined that this regulatory action is not a ``significant 
energy action'' within the meaning of the E.O.
    E.O. 13783, ``Promoting Energy Independence and Economic Growth,'' 
requires Federal agencies to review regulations to determine whether 
they potentially burden the development or use of domestically produced 
energy resources, with particular attention to oil, natural gas, coal, 
and nuclear energy resources. See 82 FR 16093, March 31, 2017. FRA 
determined this proposed rule would not burden the development or use 
of domestically produced energy resources.

H. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its rulemaking process. DOT posts these 
comments, without edit, to www.regulations.gov, as described in the 
system of records notice, DOT/ALL-14 FDMS, accessible through 
www.dot.gov/privacy. In order to facilitate comment tracking and 
response, we encourage commenters to provide their name, or the name of 
their organization; however, submission of names is completely 
optional. Whether or not commenters identify themselves, all timely 
comments will be fully considered. If you wish to provide comments 
containing proprietary or confidential information, please contact the 
agency for alternate submission instructions.

List of Subjects

49 CFR Part 218

    Occupational safety and health, Penalties, Railroad employees, 
Railroad safety, and Reporting and recordkeeping requirements.

49 CFR Part 221

    Railroad safety.

49 CFR Part 232

    Incorporation by reference, Power brakes, Railroad safety, 
Securement, Two-way end of train devices.

The Proposed Rule

    For the reasons discussed in the preamble, FRA proposes to amend 
parts 218, 221, and 232 of chapter II, subtitle B of title 49, Code of 
Federal Regulations as follows:

PART 218--RAILROAD OPERATING PRACTICES

0
1. The authority citation for part 218 is revised to read as follows:

    Authority: 49 U.S.C. 20103, 20107, 20131, 20138, 20144, 20168, 
28 U.S.C. 2461, note; and 49 CFR 1.89.

0
2. Amend Sec.  218.22 by revising paragraph (c) introductory text and 
paragraph (c)(5) to read as follows:


Sec.  218.22  Utility employee.

* * * * *
    (c) A utility employee may be assigned to and serve as a member of 
a train or yard crew without the protection otherwise required by 
subpart B of part 218 of this chapter only under the following 
conditions:
* * * * *
    (5) The utility employee is performing one or more of the following 
functions: Set or release hand brakes; couple or uncouple air hoses and 
other electrical or mechanical connections; prepare rail cars for 
coupling; set wheel blocks or wheel chains; conduct air brake tests to 
include cutting air brake components in or out and position retaining 
valves; inspect, test, install, remove or replace a rear end marking 
device or end of train device; or change batteries on the rear-end 
marking device or the end-of-train device if the change may be 
accomplished without the use of tools. Under all other circumstances, a 
utility employee working on, under, or between railroad rolling 
equipment must be provided with blue signal protection in accordance 
with Sec. Sec.  218.23 through 218.30 of this part.
* * * * *

[[Page 2512]]

PART 221--REAR END MARKING DEVICE--PASSENGER, COMMUTER AND FREIGHT 
TRAINS

0
3. The authority citation for part 221 is revised to read as follows:

    Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 
CFR 1.89.

0
4. Amend Sec.  221.13 by revising paragraph (d) to read as follows:


Sec.  221.13  Marking device display.

* * * * *
    (d) The centroid of the marking device must be located at a minimum 
of 40 inches above the top of the rail.
0
5. Amend appendix A to part 221 by revising paragraphs (a)(2)(ii) and 
(b)(3)(ii) to read as follows:

Appendix A Procedures for Approval of Rear End Marking Devices

* * * * *
    (a) * * *
    (2) * * *
    (ii) The results of the tests performed under paragraph (i) of this 
subsection demonstrate marking device performance in compliance with 
the standard prescribed in 49 CFR 221.15;
* * * * *
    (b) * * *
    (3) * * *
    (ii) The results of the tests performed under paragraph (i) of this 
subsection demonstrate marking device performance in compliance with 
the standard prescribed in 49 CFR 221.15;
* * * * *

PART 232--BRAKE SYSTEM SAFETY STANDARDS FOR FREIGHT AND OTHER NON-
PASSENGER TRAINS AND EQUIPMENT; END-OF-TRAIN DEVICES

0
6. The authority citation for part 232 is revised to read as follows:

    Authority: 49 U.S.C. 20102-20103, 20107, 20133, 20141, 20301-
20303, 20306, 21301-20302, 21304; 28 U.S.C. 2461, note; and 49 CFR 
1.89.

0
7. Amend Sec.  232.1 by revising paragraphs (b) and (c) and removing 
paragraph (d).
    The revisions read as follows:


Sec.  232.1  Scope.

* * * * *
    (b) Except as otherwise specifically provided in this paragraph or 
in this part, railroads to which this part applies must comply with all 
the requirements contained in this part.
    (c) Except for operations identified in Sec.  232.3(c)(1), (4), and 
(6) through (8), all railroads part of the general railroad system of 
transportation must operate pursuant to the requirements in subpart H 
of this part (which contains the requirements in this part 232 as they 
existed on May 31, 2001), until they are either required to operate 
pursuant to the requirements contained in this part or the requirements 
contained in part 238 of this chapter.
0
8. Amend Sec.  232.3 by revising paragraph (c) introductory text as 
follows:


Sec.  232.3  Applicability.

* * * * *
    (c) Except as provided in Sec.  232.1(c) and paragraph (b) of this 
section, this part does not apply to:
* * * * *
0
9. Amend Sec.  232.5 by revising the definition of Air Flow Indictor, 
AFM and adding definitions for Air repeater unit and APTA in 
alphabetical order to read as follows:


Sec.  232.5  Definitions.

* * * * *
    Air Flow Method Indicator, AFM means a calibrated air flow 
measuring device used as required by the air flow method (AFM) of 
qualifying train air brakes and with information clearly and legibly 
displayed in analog or digital format and visible in daylight and 
darkness from the engineer's normal operating position. Each AFM 
indicator includes:
    (1) Markings from 10 to 80 cubic feet per minute (CFM), in 
increments of 10 CFM or less; and
    (2) Numerals indicating 20, 40, 60, and 80 CFM for continuous 
monitoring of air flow.
    Air repeater unit means a car, container, or similar device that 
provides an additional brake pipe air source by responding to air 
control instructions from a controlling locomotive using a 
communication system such as a distributed power system.
    APTA means the American Public Transportation Association.
* * * * *
0
10. Amend Sec.  232.11 by revising paragraph (a) to read as follows:


Sec.  232.11   Penalties.

    (a) Any person (including but not limited to a railroad; any 
manager, supervisor, official, or other employee or agent of a 
railroad; any owner, manufacturer, lessor, or lessee of railroad 
equipment, track, or facilities; any employee of such owner, 
manufacturer, lessor, lessee, or independent contractor) who violates 
any requirement of this part or causes the violation of any such 
requirement is subject to a civil penalty of at least the minimum civil 
monetary penalty and not more than the ordinary maximum civil monetary 
penalty per violation, except that: Penalties may be assessed against 
individuals only for willful violations, and, where a grossly negligent 
violation or a pattern of repeated violations has created an imminent 
hazard of death or injury to individuals, or has caused death or 
injury, a penalty not to exceed the aggravated maximum civil monetary 
penalty per violation may be assessed. See 49 CFR part 209, appendix A. 
Each day a violation continues shall constitute a separate offense. 
FRA's website at www.fra.dot.gov contains a schedule of civil penalty 
amounts used in connection with this part.
* * * * *


Sec.  232.103  General requirements for all train brake systems.

0
11. Amend Sec.  232.103 by revising paragraph (l) to read as follows:
* * * * *
    (l) Except as otherwise provided in this part, all equipment used 
in freight or other non-passenger trains must, at a minimum, meet the 
Association of American Railroads (AAR) Standard S-469-01, 
``Performance Specification for Freight Brakes,'' contained in the AAR 
Manual of Standards and Recommended Practices, Section E (January 1, 
2006). The Director of the Federal Register approves this incorporation 
by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You 
may obtain a copy from the Association of American Railroads, 425 Third 
Street SW, Washington, DC 20024, telephone: (202) 639-2345, email: 
[email protected], website: https://aarpublications.com. You may 
inspect a copy of the document at the Federal Railroad Administration, 
Docket Clerk, 1200 New Jersey Avenue SE, Washington, DC 20590 
(telephone: (855) 368-4200) or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, email [email protected], or go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html.
* * * * *
0
12. Amend Sec.  232.205 by revising paragraphs (a)(3), (b)(1), (b)(2), 
(c)(1)(ii)(B), (c)(1)(iii) through (v), and (e) to read as follows:


Sec.  232.205  Class I brake test-initial terminal inspection.

    (a) * * *
    (3) A location where the train is off-air for a period of more than 
24 hours.
    (b) * * *
    (1) The solid block of cars is comprised of cars from a single 
previous train, the cars of which have previously

[[Page 2513]]

received a Class I brake test and have remained continuously and 
consecutively coupled together with the train line remaining connected, 
other than for removing defective equipment, since being removed from 
its previous train and have not been off-air for more than 24 hours; or
    (2) The solid block of cars is comprised of cars from a single 
previous train, the cars of which were required to be separated into 
multiple solid blocks of cars due to space or trackage constraints at a 
particular location when removed from the previous train, provided the 
cars have previously received a Class I brake test, have not been off-
air more than 24 hours, and the cars in each of the multiple blocks of 
cars have remained continuously and consecutively coupled together with 
the train line remaining connected, except for the removal of defective 
equipment. Furthermore, these multiple solid blocks of cars shall be 
added to a train in the same relative order (no reclassification) as 
when removed from the previous train, except for the removal of 
defective equipment.
    (c) * * *
    (1) * * *
    (ii) * * *
    (B) Use a calibrated AFM indicator to measure air flow. A train 
equipped with at least one distributed power unit or an air repeater 
unit providing a source of brake pipe control air from two or more 
locations must not exceed a combined flow of 90 cubic feet per minute 
(CFM). Otherwise, the air flow must not exceed 60 CFM. Railroads must 
develop and implement operating rules to ensure compliant operation of 
a train if air flow exceeds these parameters after the Class I brake 
test is completed.
    (iii) The AFM indicator must be calibrated for accuracy at periodic 
intervals not to exceed 92 days. The AFM indicator and all test 
orifices must be calibrated at temperatures of not less than 20 degrees 
Fahrenheit. AFM indicators must be accurate to within 3 
standard cubic feet per minute (CFM) at 60 CFM air flow.
    (iv) For each AFM indicator, its last date of calibration must be 
recorded and certified on Form F6180-49A.
    (v) An AFM indicator not incompliance with this part must:
    (A) Not be used, including in the performance of a leakage test or 
to aid in the control or braking of the train;
    (B) Be tagged in accordance with Sec.  232.15(b) and include text 
that it is ``inoperative'' or ``overdue''; and
    (C) Be placed with its tag in a conspicuous location of the 
controlling locomotive cab.
* * * * *
    (e) A railroad must notify the locomotive engineer that the Class I 
brake test was satisfactorily performed, whether the equipment to be 
hauled in his train has been off-air for a period of more than 24 
hours, and provide the information required in this paragraph to the 
locomotive engineer or place the information in the cab of the 
controlling locomotive following the test. The information required by 
this paragraph may be provided to the locomotive engineer by any means 
determined appropriate by the railroad; however, a written or 
electronic record of the information must be retained in the cab of the 
controlling locomotive until the train reaches its destination. The 
written or electronic record must contain the date, time, number of 
freight cars inspected, and identify the qualified person(s) performing 
the test and the location where the Class I brake test was performed.
* * * * *
0
13. Amend Sec.  232.209 by revising paragraph (a) introductory text and 
paragraph (a)(1) to read as follows:


Sec.  232.209  Class II brake tests--intermediate inspection.

    (a) At a location other than the initial terminal of a train, a 
Class II brake test must be performed by a qualified person, as defined 
in Sec.  232.5, on the following equipment when added to a train:
    (1) Each car or solid block of cars, as defined in Sec.  232.5, 
that has not previously received a Class I brake test or that has been 
off-air for more than 24 hours;
* * * * *
0
14. Amend Sec.  232.211 by revising paragraphs (a)(3) through (5) to 
read as follows:


Sec.  232.211  Class III brake tests-trainline continuity inspection.

    (a) * * *
    (3) At a point, other than the initial terminal for the train, 
where a car or a solid block of cars that is comprised of cars from 
only one previous train the cars of which: (i) Have remained 
continuously and consecutively coupled together with the trainline 
remaining connected, other than for removing defective equipment, since 
being removed from its previous train that has previously received a 
Class I brake test; and (ii) that has not been off-air for more than 24 
hours is added to a train;
    (4) At a point, other than the initial terminal for the train, 
where a solid block of cars that is comprised of cars from a single 
previous train is added to a train, provided: (i) The solid block of 
cars was required to be separated into multiple solid blocks of cars 
due to space or trackage constraints at a particular location when 
removed from the previous train; (ii) the cars have previously received 
a Class I brake test; (iii), have not been off-air more than 24 hours; 
and (iv) the cars in each of the multiple blocks of cars have remained 
continuously and consecutively coupled together with the train line 
remaining connected, except for the removal of defective equipment. 
Furthermore, these multiple solid blocks of cars must be added to the 
train in the same relative order (no reclassification) as when removed 
from the previous train, except for the removal of defective equipment; 
or
    (5) At a point, other than the initial terminal for the train, 
where a car or a solid block of cars that has received a Class I or 
Class II brake test at that location, prior to being added to the 
train, and that has not been off-air for more than 24 hours, is added 
to a train.
* * * * *
0
15. Amend Sec.  232.213 by:
0
a. Revising paragraph (a)(5);
0
b. Revising paragraphs (a)(6)(i) and (ii); and
0
c. Adding paragraph (a)(8).
    The revisions, removals, and addition read as follows:


Sec.  232.213  Extended haul trains.

    (a) * * *
    (5) The train must have no more than one pick-up and one set-out en 
route, except for the set-out of defective equipment pursuant to the 
requirements of this chapter. Cars added to the train en route must be 
inspected pursuant to the requirements contained in paragraphs (a)(2) 
through (5) of this section at the location where they are added to the 
train.
    (6) * * *
    (i) If the train will move 1,000 miles or less from that location 
before receiving a Class IA brake test or reaching destination, a Class 
I brake test must be conducted pursuant to Sec.  232.205 to ensure 100 
percent effective and operative brakes.
    (ii) If the train will move greater than 1,000 miles from that 
location without another brake inspection, the train must be identified 
as an extended haul train for that movement and must meet all the 
requirements contained in paragraphs (a)(1) through (5) of this 
section. Such trains must receive a Class I brake test pursuant to 
Sec.  232.205 by a qualified mechanical inspector to ensure 100 percent 
effective and operative brakes, a freight car inspection pursuant to 
part 215 of this chapter by an inspector designated under Sec.  215.11 
of this chapter, and all cars containing non-

[[Page 2514]]

complying conditions under part 215 of this chapter must either be 
repaired or removed from the train.
* * * * *
    (8) In the event of an emergency that alters normal train 
operations, such as a derailment or other unusual circumstance that 
adversely affects the safe operation of the train, the railroad is not 
required to provide prior written notification of a change in the 
location where an extended haul brake test is performed to a location 
not on the railroad's list of designated locations for performing 
extended haul brake tests, provided that the railroad notifies FRA's 
Associate Administrator for Safety and the pertinent FRA Regional 
Administrator within 24 hours after the designation has been changed 
and the reason for that change.
* * * * *
0
16. Amend Sec.  232.217 by revising paragraph (c)(1) to read as 
follows:


Sec.  232.217  Train brake tests conducted using yard air.

* * * * *
    (c) * * *
    (1) If the cars are off-air for more than 24 hours, the cars must 
be retested in accordance with Sec.  232.205(c) through (f).
* * * * *
0
17. Amend Sec.  232.219 by adding paragraph (d) to read as follows:


Sec.  232.219  Double heading and helper service.

* * * * *
    (d) As an alternative to paragraph (c), when helping trains 
equipped with distributed power or ECP brakes on the rear of the train, 
and utilizing a Helper Link device or a similar technology, a properly 
installed and tested end-of-train device may be utilized on the helper 
locomotive. Railroads must adopt and comply with an operating rule 
consistent with this section to ensure the safe use of this alternative 
procedure.
0
18. Amend Sec.  232.305 by revising paragraphs (a) and (b)(2) and 
adding paragraph (f) to read as follows:


Sec.  232.305  Single car air brake tests.

    (a) Single car air brake tests must be performed by a qualified 
person in accordance with either Section 3.0, ``Tests-Standard Freight 
Brake Equipment,'' and Section 4.0, ``Special Tests,'' AAR Standard S-
486-18; Section 3.0, ``Single-Car Test Requirements,'' Section 4.0, 
``Special Tests,'' and Section 13.0 ``4-Pressure Single-Car Test 
Requirements,'' AAR Standard S-4027-18; an alternative procedure 
approved by FRA pursuant to Sec.  232.17; or a modified procedure 
approved in accordance with the provisions contained in Sec.  232.307.
    (b) * * *
    (2) A car is on a shop or repair track, as defined in Sec.  
232.303(a), for any reason and has not received either: A manual single 
car air brake test (AAR Standard S-486) within the previous 12-month 
period; an automated single car air brake test (AAR Standard S-4027 
Sec. Sec.  3.0 and 4.0) within the previous 24-month period; or a 4-
pressure single car air brake test (AAR Standard S-4027 Sec.  13.0) 
within the previous 48-month period;
* * * * *
    (f) The Director of the Federal Register approves the incorporation 
by reference of the standards required in this section into this 
section in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may 
inspect a copy of the material at the Federal Railroad Administration, 
Docket Clerk, 1200 New Jersey Avenue SE, Washington, DC 20590 
(telephone: 855-368-4200). You may also inspect the material at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, email [email protected], 
or go to: www.archives.gov/federal-register/cfr/ibr-locations.html. You 
may obtain the material from the following source(s):
    (1) Association of American Railroads (AAR), 425 Third Street SW, 
Washington, DC 20024, telephone: (202) 639-2345, email: 
[email protected], website: https://aarpublications.com.
    (i) AAR Standard S-486-18, ``Code of Air Brake System Tests for 
Freight Equipment,'' 2018.
    (ii) AAR Standard S-4027-18, ``Automated Single-Car Test Equipment, 
Conventional Brake Equipment--Design and Performance Requirements,'' 
2018.
    (2) [Reserved]
0
19. Amend Sec.  232.403 by:
0
a. Revising paragraph (d)(6);
0
b. Removing paragraph (f)(4)(iii),
0
c, Revising paragraphs (f)(4)(ii), and (g)(2); and
0
d. Adding paragraph (g)(3).
    The revisions and additions read as follows:


Sec.  232.403  Design standards for one-way end-of-train devices.

* * * * *
    (d) * * *
    (6) During a shock of 10 g. peak for 0.01 seconds in any axis.
* * * * *
    (f) * * *
    (4) * * *
    (ii) During a shock of 10 g. peak for 0.01 seconds in any axis.
    (g) * * *
    (2) If power is supplied by one or more batteries only, the 
operating life must be a minimum of 36 hours at 0 [deg]C.
    (3) If power is supplied primarily by an air-powered generator, a 
backup battery is required with a minimum of 12 hours continuous power 
at 0 [deg]C in the event the air-powered generator stops functioning as 
intended.
0
20. Amend Sec.  232.407 by revising paragraph (f)(2) to read as 
follows:


Sec.  232.407  Operations requiring use of two-way end-of-train 
devices; prohibition on purchase of nonconforming devices.

* * * * *
    (f) * * *
    (2) The rear unit batteries must 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. Air-powered 
generator equipped devices must be tested for residual charge at 
installation before initiating generator operation.
* * * * *
0
21. Amend Sec.  232.409 by revising paragraph (d) and adding paragraph 
(e) to read as follows:


Sec.  232.409  Inspection and testing of end-of-train devices.

* * * * *
    (d) The telemetry equipment must be tested for accuracy and 
calibrated if necessary according to the manufacturer's specifications 
and procedures. If the manufacturer's specifications requires periodic 
calibration of the telemetry equipment, the date and location of the 
last calibration or test and the name or unique employee identifier of 
the person performing the calibration or test must be legibly displayed 
on a weather-resistant sticker affixed to the outside of both the front 
unit and the rear unit; however, if the front unit is an integral part 
of the locomotive or is inaccessible, then the information may be 
recorded on Form FRA F6180-49A instead, provided that the serial number 
of the unit is recorded.
    (e) The air pressure sensor contained in the end-of-train device 
must be tested at an interval not to exceed 368 calendar days, as 
specified in Sec.  229.27(b). The date and location of the test and the 
name or unique employee identifier of the person performing the test 
must be legibly displayed on a weather-resistant marking device affixed 
to the outside of the unit.
0
22. Amend Sec.  232.603 by revising paragraphs (a), (d)(1), and (f) and 
adding paragraph (g) to read as follows:

[[Page 2515]]

Sec.  232.603  Design, interoperability, and configuration management 
requirements.

    (a) General. A freight car or freight train equipped with an ECP 
brake system must, at a minimum, meet the Association of American 
Railroads (AAR) standards contained in the AAR Manual of Standards and 
Recommended Practices related to ECP brake systems listed in paragraph 
(g) of this section; an alternate standard approved by FRA pursuant to 
Sec.  232.17; or a modified standard approved in accordance with the 
provisions contained in paragraph (f) of this section.
* * * * *
    (d) * * *. (1) A freight car or freight train equipped with a 
standalone ECP brake system is excepted from the requirement in Sec.  
232.103(l) referencing AAR Standard S-469-01, ``Performance 
Specification for Freight Brakes.''
    * * *
    (f) Incorporation by reference. The Director of the Federal 
Register approves the incorporation by reference of the standards 
required in this section into this section in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. You may inspect a copy at the Federal 
Railroad Administration, 1200 New Jersey Avenue SE, Washington, DC, 
202-493-6300 or at the National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html. You may obtain the material from the 
following source(s):
    (1) Association of American Railroads, 425 Third Street SW, 
Washington, DC 20024, telephone: (202) 639-2345, email: 
[email protected], website: https://aarpublications.com.
    (i) AAR S-4200, ``Electronically Controlled Pneumatic (ECP) Cable-
Based Brake Systems--Performance Requirements,'' (Revised 2014).
    (ii) AAR S-4210, ``ECP Cable-Based Brake System Cable, Connectors, 
and Junction Boxes--Performance Specifications,'' (Revised 2014).
    (iii) AAR S-4220, ``ECP Cable-Based Brake DC Power Supply--
Performance Specification,'' Version 2.0 (Revised 2002).
    (iv) AAR S-4230, ``Intratrain Communication (ITC) Specification for 
Cable-Based Freight Train Control System,'' Version 3.0 (Revised 2014).
    (v) AAR S-4240, ``ECP Brake Equipment--Approval Procedure'' 
(Adopted 2007).
    (vi) AAR S-4250, ``Performance Requirements for ITC Controlled 
Cable-Based Distributed Power Systems,'' Version 2.0 (Revised 2014).
    (vii) AAR S-4260, ``ECP Brake and Wire Distributed Power 
Interoperability Test Procedures'' (Revised 2008).
    (viii) AAR S-4270, ``ECP Brake System Configuration Management'' 
(Adopted: 2008).
    (2) [Reserved]
    (g) Modification of standards. The AAR or other authorized 
representative of the railroad industry may seek modification of the 
industry standards identified in or approved pursuant to paragraph (f) 
of this section. The request for modification will be handled and shall 
be submitted in accordance with the modification procedures contained 
in Sec.  232.307.
0
23. Add subpart H to read as follows:

Subpart H--Tourist, Scenic, Historic, and Excursion Operations 
Braking Systems

Sec.
232.700 Applicability.
232.701 Power brakes; minimum percentage.
232.702 Drawbars; standard height.
232.703 Power brakes and appliances for operating power-brake 
systems.
232.710 General rules; locomotives.
232.711 Train air brake system tests.
232.712 Initial terminal road train airbrake tests.
232.713 Road train and intermediate terminal train air brake tests.
232.714 Inbound brake equipment inspection.
232.715 Double heading and helper service.
232.716 Running tests.
232.717 Freight and passenger train car brakes.
232.719 End of train device.


Sec.  232.700  Applicability.

    (a) Except as provided in paragraph (b), this subpart applies to 
standard gage railroads.
    (b) This subpart does not apply to:
    (1) A railroad that operates only on track inside an installation 
which is not part of the general railroad system of transportation; or
    (2) Rapid transit operations in an urban area that are not 
connected with the general railroad system of transportation.
    (c) As used in this subpart, carrier means ``railroad,'' as that 
term is defined by 49 CFR 232.5


Sec.  232.701  Power brakes; minimum percentage.

    On and after September 1, 1910, on all railroads used in interstate 
commerce, whenever, as required by the Safety Appliance Act as amended 
March 2, 1903, any train is operated with power or train brakes, not 
less than 85 percent of the cars of such train shall have their brakes 
used and operated by the engineer of the locomotive drawing such train, 
and all power-brake cars in every such train which are associated 
together with the 85 percent shall have their brakes so used and 
operated.


Sec.  232.702  Drawbars; standard height.

    Not included in this subpart. Moved to 49 CFR part 231.


Sec.  232.703  Power brakes and appliances for operating power-brake 
systems.

    Requirements are contained in 49 CFR 232.103(l).

Rules for Inspection, Testing and Maintenance of Air Brake Equipment


Sec.  232.710  General rules; locomotives.

    (a) Air brake and hand brake equipment on locomotives including 
tender must be inspected and maintained in accordance with the 
requirements of the Locomotive Inspection and United States Safety 
Appliance Acts and related orders and regulations of the Federal 
Railroad Administrator (FRA).
    (b) It must be known that air brake equipment on locomotives is in 
a safe and suitable condition for service.
    (c) Compressor or compressors must be tested for capacity by 
orifice test as often as conditions require but not less frequently 
than required by law and orders of the FRA.
    (d) Main reservoirs shall be subjected to tests periodically as 
required by law and orders of the FRA.
    (e) Air gauges must be tested periodically as required by law and 
orders of the FRA, and whenever any irregularity is reported. They 
shall be compared with an accurate deadweight tester, or test gauge. 
Gauges found inaccurate or defective must be repaired or replaced.
    (f)(1) All operating portions of air brake equipment together with 
dirt collectors and filters must be cleaned, repaired and tested as 
often as conditions require to maintain them in a safe and suitable 
condition for service, and not less frequently than required by law and 
orders of the FRA.
    (2) On locomotives so equipped, hand brakes, parts, and connections 
must be inspected, and necessary repairs made as often as the service 
requires, with date being suitably stenciled or tagged.
    (g) The date of testing or cleaning of air brake equipment and the 
initials of the shop or station at which the work was done shall be 
placed on a card displayed under transparent covering in the cab of 
each locomotive unit.
    (h)(1) Minimum brake cylinder piston travel must be sufficient to 
provide proper brake shoe clearance when brakes are released.

[[Page 2516]]

    (2) Maximum brake cylinder piston travel when locomotive is 
standing must not exceed the following:

                        Table 1 to Paragraph (h)
------------------------------------------------------------------------
                                                                Inches
------------------------------------------------------------------------
Steam locomotives:
    Cam type of driving wheel brake.........................      3\1/2\
    Other types of driving wheel brakes.....................           6
    Engine truck brake......................................           8
    Engine trailer truck brake..............................           8
    Tender brake (truck mounted and tender bed mounted).....           8
    Tender brake (body mounted).............................           9
Locomotives other than steam:
    Driving wheel brake.....................................           6
    Swivel type truck brake with brakes on more than one               7
     truck operated by one brake cylinder...................
    Swivel type truck brake equipped with one brake cylinder           8
    Swivel type truck brake equipped with two or more brake            6
     cylinders..............................................
------------------------------------------------------------------------

    (i)(1) Foundation brake rigging, and safety supports, where used, 
must be maintained in a safe and suitable condition for service. 
Levers, rods, brake beams, hangars and pins must be of ample strength 
and must not bind or foul in any way that will affect proper operation 
of brakes. All pins must be properly applied and secured in place with 
suitable locking devices. Brake shoes must be properly applied and kept 
approximately in line with treads of wheels or other braking surfaces.
    (2) No part of the foundation brake rigging and safety supports 
shall be closer to the rails than specified by law and orders of the 
FRA.
    (j)(1) Main reservoir leakage: Leakage from main air reservoir and 
related piping shall not exceed an average of 3 pounds per minute in a 
test of three minutes' duration, made after the pressure has been 
reduced 40 percent below maximum pressure.
    (2) Brake pipe leakage: Brake pipe leakage must not exceed 5 pounds 
per minute after a reduction of 10 pounds has been made from brake pipe 
air pressure of not less than 70 pounds.
    (3) Brake cylinder leakage: With a full service application of 
brakes, and with communication to the brake cylinders closed, brakes 
must remain applied not less than five minutes.
    (4) The main reservoir system of each unit shall be equipped with 
at least one safety valve, the capacity of which shall be sufficient to 
prevent an accumulation of pressure of more than 10 pounds per square 
inch above the maximum setting of the compressor governor fixed by the 
chief mechanical officer of the carrier operating the locomotive.
    (5) A suitable governor shall be provided that will stop and start 
the air compressor within 5 pounds above or below the pressures fixed.
    (6) Compressor governor when used in connection with the automatic 
air brake system shall be so adjusted that the compressor will start 
when the main reservoir pressure is not less than 15 pounds above the 
maximum brake-pipe pressure fixed by the rules of the carrier and will 
not stop the compressor until the reservoir pressure has increased not 
less than 10 pounds.
    (k) The communicating signal system on locomotives when used in 
passenger service must be tested and known to be in a safe and suitable 
condition for service before each trip.
    (l) Enginemen when taking charge of locomotives must know that the 
brakes are in operative condition.
    (m) In freezing weather drain cocks on air compressors of steam 
locomotives must be left open while compressors are shut off.
    (n) Air pressure regulating devices must be adjusted for the 
following pressures:

                        Table 1 to Paragraph (n)
------------------------------------------------------------------------
                                                                Pounds
------------------------------------------------------------------------
Locomotives:
    (1) Minimum brake pipe air pressure:
        Road Service........................................          70
        Switch Service......................................          60
    (2) Minimum differential between brake pipe and main              15
     reservoir air pressures, with brake valve in running
     position...............................................
    (3) Safety valve for straight air brake.................       30-55
    (4) Safety valve for LT, ET, No. 8-EL, No. 14 El, No. 6-       30-68
     DS, No. 6-BL and No. 6-SL equipment....................
    (5) Safety valve for HSC and No. 24-RL equipment........       30-75
    (6) Reducing valve for independent or straight air brake       30-50
    (7) Self-lapping portion for electro-pneumatic brake              50
     (minimum full application pressure)....................
    (8) Self-lapping portion for independent air brake (full       30-50
     application pressure)..................................
    (9) Reducing valve for air signal.......................       40-60
    (10) Reducing valve for high-speed brake (minimum)......          50
Cars:
    (11) Reducing valve for high-speed brake................       58-62
    (12) Safety valve for PS, LN, UC, AML, AMU and AB-1-B          58-62
     air brakes.............................................
    (13) Safety valve for HSC air brake.....................       58-77
    (14) Governor valve for water raising system............          60
    (15) Reducing valve for water raising system............       20-30
------------------------------------------------------------------------


[[Page 2517]]

Sec.  232.711  Train air brake system tests.

    (a) Supervisors are jointly responsible with inspectors, enginemen 
and trainmen for condition of train air brake and air signal equipment 
on motive power and cars to the extent that it is possible to detect 
defective equipment by required air tests.
    (b) Communicating signal system on passenger equipment trains must 
be tested and known to be in a suitable condition for service before 
leaving terminal.
    (c) Each train must have the air brakes in effective operating 
condition, and at no time shall the number and location of operative 
air brakes be less than permitted by Federal requirements. When piston 
travel is in excess of 10 \1/2\ inches, the air brakes cannot be 
considered in effective operating condition.
    (d) Condensation must be blown from the pipe from which air is 
taken before connecting yard line or motive power to train.


Sec.  232.712  Initial terminal road train airbrake tests.

    (a)(1) Each train must be inspected and tested as specified in this 
section by a qualified person at points -
    (i) Where the train is originally made up (initial terminal);
    (ii) Where train consist is changed, other than by adding or 
removing a solid block of cars, and the train brake system remains 
charged; and
    (iii) Where the train is received in interchange if the train 
consist is changed other than by:
    (A) Removing a solid block of cars from the head end or rear end of 
train;
    (B) Changing motive power;
    (C) Removing or changing the caboose; or
    (D) Any combination of the changes listed in paragraphs 
(a)(1)(iii)(A), (B), and (C).
    (2) A qualified person participating in the test and inspection or 
who has knowledge that it was made shall notify the engineer that the 
initial terminal road train air brake test has been satisfactorily 
performed. The qualified person shall provide the notification in 
writing if the road crew will report for duty after the qualified 
person goes off duty. The qualified person also shall provide the 
notification in writing if the train that has been inspected is to be 
moved in excess of 500 miles without being subjected to another test 
pursuant to either this section or Sec.  232.713 of this part.
    (3) Where a carman is to perform the inspection and test under 
existing or future collective bargaining agreement, in those 
circumstances a carman alone will be considered a qualified person.
    (b) Each carrier shall designate additional inspection points not 
more than 1,000 miles apart where intermediate inspection will be made 
to determine that:
    (1) Brake pipe pressure leakage does not exceed five pounds per 
minute;
    (2) Brakes apply on each car in response to a 20-pound service 
brake pipe pressure reduction; and
    (3) Brake rigging is properly secured and does not bind or foul.
    (c) Train airbrake system must be charged to required air pressure, 
angle cocks and cutout cocks must be properly positioned, air hose must 
be properly coupled and must be in condition for service. An 
examination must be made for leaks and necessary repairs made to reduce 
leakage to a minimum. Retaining valves and retaining valve pipes must 
be inspected and known to be in condition for service. If train is to 
be operated in electro-pneumatic brake operation, brake circuit cables 
must be properly connected.
    (d)(1) After the airbrake system on a freight train is charged to 
within 15 pounds of the setting of the feed valve on the locomotive, 
but to not less than 60 pounds, as indicated by an accurate gauge at 
rear end of train, and on a passenger train when charged to not less 
than 70 pounds, and upon receiving the signal to apply brakes for test, 
a 15-pound brake pipe service reduction must be made in automatic brake 
operations, the brake valve lapped, and the number of pounds of brake 
pipe leakage per minute noted as indicated by brake pipe gauge, after 
which brake pipe reduction must be increased to full service. 
Inspection of the train brakes must be made to determine that angle 
cocks are properly positioned, that the brakes are applied on each car, 
that piston travel is correct, that brake rigging does not bind or 
foul, and that all parts of the brake equipment are properly secured. 
When this inspection has been completed, the release signal must be 
given and brakes released and each brake inspected to see that all have 
released.
    (2) When a passenger train is to be operated in electro-pneumatic 
brake operation and after completion of test of brakes as prescribed by 
paragraph (d)(1) of this section the brake system must be recharged to 
not less than 90 pounds air pressure, and upon receiving the signal to 
apply brakes for test, a minimum 20 pounds electro-pneumatic brake 
application must be made as indicated by the brake cylinder gage. 
Inspection of the train brakes must then be made to determine if brakes 
are applied on each car. When this inspection has been completed, the 
release signal must be given and brakes released and each brake 
inspected to see that all have released.
    (3) When the locomotive used to haul the train is provided with 
means for maintaining brake pipe pressure at a constant level during 
service application of the train brakes, this feature must be cut out 
during train airbrake tests.
    (e) Brake pipe leakage must not exceed 5 pounds per minute.
    (f)(1) At initial terminal piston travel of body-mounted brake 
cylinders which is less than 7 inches or more than 9 inches must be 
adjusted to nominally 7 inches.
    (2) Minimum brake cylinder piston travel of truck-mounted brake 
cylinders must be sufficient to provide proper brake shoe clearance 
when brakes are released. Maximum piston travel must not exceed 6 
inches.
    (3) Piston travel of brake cylinders on freight cars equipped with 
other than standard single capacity brake, must be adjusted as 
indicated on badge plate or stenciling on car located in a conspicuous 
place near the brake cylinder.
    (g) When test of airbrakes has been completed the engineman and 
conductor must be advised that train is in proper condition to proceed.
    (h) During standing test, brakes must not be applied or released 
until proper signal is given.
    (i)(1) When train airbrake system is tested from a yard test plant, 
an engineer's brake valve or an appropriate test device shall be used 
to provide increase and reduction of brake pipe air pressure or 
electro-pneumatic brake application and release at the same or a slower 
rate as with engineer's brake valve and yard test plant must be 
connected to the end which will be nearest to the hauling road 
locomotive.
    (2) When yard test plant is used, the train airbrakes system must 
be charged and tested as prescribed by paragraphs (c) to (g) of this 
section inclusive, and when practicable should be kept charged until 
road motive power is coupled to train, after which, an automatic brake 
application and release test of airbrakes on rear car must be made. If 
train is to be operated in electro-pneumatic brake operation, this test 
must also be made in electro-pneumatic brake operation before 
proceeding.
    (3) If after testing the brakes as prescribed in paragraph (i)(2) 
of this section the train is not kept charged until road motive power 
is attached, the brakes must be tested as prescribed by paragraph 
(d)(1) of this section and if

[[Page 2518]]

train is to be operated in electro-pneumatic brake operation as 
prescribed by paragraph (d)(2) of this section.
    (j) Before adjusting piston travel or working on brake rigging, 
cutout cock in brake pipe branch must be closed and air reservoirs must 
be drained. When cutout cocks are provided in brake cylinder pipes, 
these cutout cocks only may be closed and air reservoirs need not be 
drained.


Sec.  232.713  Road train and intermediate terminal train air brake 
tests.

    (a) Before motive power is detached or angle cocks are closed on a 
passenger train operated in either automatic or electro-pneumatic brake 
operation, except when closing angle cocks for cutting off one or more 
cars from the rear end of train, automatic air brake must be applied. 
After recouping, brake system must be recharged to required air 
pressure and before proceeding and upon receipt of proper request or 
signal, application and release tests of brakes on rear car must be 
made from locomotive in automatic brake operation. If train is to be 
operated in electro-pneumatic brake operation, this test must also be 
made in electro-pneumatic brake operation before proceeding. Inspector 
or trainman must determine if brakes on rear car of train properly 
apply and release.
    (b) Before motive power is detached or angle cocks are closed on a 
freight train, brakes must be applied with not less than a 20-pound 
brake pipe reduction. After recoupling, and after angle cocks are 
opened, it must be known that brake pipe air pressure is being restored 
as indicated by a rear car gauge or device. In the absence of a rear 
car gauge or device, an air brake test must be made to determine that 
the brakes on the rear car apply and release.
    (c)(1) At a point other than an initial terminal where a locomotive 
or caboose is changed, or where one or more consecutive cars are cut 
off from the rear end or head end of a train with the consist otherwise 
remaining intact, after the train brake system is charged to within 15 
pounds of the feed valve setting on the locomotive, but not less than 
60 pounds as indicated at the rear of a freight train and 70 pounds on 
a passenger train, a 20-pound brake pipe reduction must be made and it 
must be determined that the brakes on the rear car apply and release. 
As an alternative to the rear car brake application and release test, 
it shall be determined that brake pipe pressure of the train is being 
reduced as indicated by a rear car gauge or device and then that brake 
pipe pressure of the train is being restored as indicated by a rear car 
gauge or device.
    (2) Before proceeding it must be known that brake pipe pressure as 
indicated at rear of freight train is being restored.
    (3) On trains operating with electro-pneumatic brakes, with brake 
system charged to not less than 70 pounds, test must be made to 
determine that rear brakes apply and release properly from a minimum 20 
pounds electro-pneumatic brake application as indicated by brake 
cylinder gauge.
    (d)(1) At a point other than a terminal where one or more cars are 
added to a train, after the train brake system is charged to not less 
than 60 pounds as indicated by a gauge or device at the rear of a 
freight train and 70 pounds on a passenger train. A brake test must be 
made by a designated person as described in Sec.  232.712(a)(1) to 
determine that brake pipe leakage does not exceed five (5) pounds per 
minute as indicated by the brake pipe gauge after a 20-pound brake pipe 
reduction has been made. After the test is completed, it must be 
determined that piston travel is correct, and the train airbrakes of 
these cars and on the rear car of the train apply and remain applied, 
until the release signal is given. As an alternative to the rear car 
brake application and release portion of the test, it shall be 
determined that brake pipe pressure of the train is being reduced as 
indicated by a rear car gauge or device and then that brake pipe 
pressure of the train is being restored as indicated by a rear car 
gauge or device. Cars added to a train that have not been inspected in 
accordance with Sec.  232.712 (c) through (j) must be so inspected and 
tested at the next terminal where facilities are available for such 
attention.
    (2)(i) At a terminal where a solid block of cars, which has been 
previously charged and tested as prescribed by Sec.  232.712 (c) 
through (j), is added to a train, it must be determined that the brakes 
on the rear car of the train apply and release. As an alternative to 
the rear car application and release test, it shall be determined that 
brake pipe pressure of the train is being reduced as indicated by a 
rear car gauge or device and then that brake pipe pressure of the train 
is being restored as indicated by a rear car gauge or device.
    (ii) When cars which have not been previously charged and tested as 
prescribed by Sec.  232.712 (c) through (j) are added to a train, such 
cars may either be given inspection and tests in accordance with Sec.  
232.712 (c) through (j), or tested as prescribed by paragraph (d)(1) of 
this section prior to departure in which case these cars must be 
inspected and tested in accordance with Sec.  232.712 (c) through (j) 
at next terminal.
    (3) Before proceeding it must be known that the brake pipe pressure 
at the rear of freight train is being restored.
    (e)(1) Transfer train and yard train movements not exceeding 20 
miles, must have the air brake hose coupled between all cars, and after 
the brake system is charged to not less than 60 pounds, a 15-pound 
service brake pipe reduction must be made to determine that the brakes 
are applied on each car before releasing and proceeding.
    (2) Transfer train and yard train movements exceeding 20 miles must 
have brake inspection in accordance with Sec.  232.712 (c)-(j).
    (f) The automatic air brake must not be depended upon to hold a 
locomotive, cars or train, when standing on a grade, whether locomotive 
is attached or detached from cars or train. When required, a sufficient 
number of hand brakes must be applied to hold train, before air brakes 
are released. When ready to start, hand brakes must not be released 
until it is known that the air brake system is properly charged.
    (g) As used in this section, device means a system of components 
designed and inspected in accordance with Sec.  232.719.
    (h) When a device is used to comply with any test requirement in 
this section, the phrase brake pipe pressure of the train is being 
reduced means a pressure reduction of at least five pounds and the 
phrase brake pipe pressure of the train is being restored means a 
pressure increase of at least five (5) pounds.


Sec.  232.714  Inbound brake equipment inspection.

    (a) At points where inspectors are employed to make a general 
inspection of trains upon arrival at terminals, visual inspection must 
be made of retaining valves and retaining valve pipes, release valves 
and rods, brake rigging, safety supports, hand brakes, hose and 
position of angle cocks and make necessary repairs or mark for repair 
tracks any cars to which yard repairs cannot be promptly made.
    (b) Freight trains arriving at terminals where facilities are 
available and at which special instructions provide for immediate brake 
inspection and repairs, trains shall be left with air brakes applied by 
a service brake pipe reduction of 20 pounds so that inspectors can 
obtain a proper check of the piston travel. Trainmen will not close any 
angle cock or cut the locomotive off until the 20-pound service 
reduction has been made. Inspection of the brakes and needed

[[Page 2519]]

repairs should be made as soon thereafter as practicable.


Sec.  232.715  Double heading and helper service.

    (a) When more than one locomotive is attached to a train, the 
engineman of the leading locomotive shall operate the brakes. On all 
other motive power units in the train the brake pipe cutout cock to the 
brake valve must be closed, the maximum main reservoir pressure 
maintained and brake valve handles kept in the prescribed position. In 
case it becomes necessary for the leading locomotive to give up control 
of the train short of the destination of the train, a test of the 
brakes must be made to see that the brakes are operative from the 
automatic brake valve of the locomotive taking control of the train.
    (b) The electro-pneumatic brake valve on all motive power units 
other than that which is handling the train must be cut out, handle of 
brake valve kept in the prescribed position, and air compressors kept 
running if practicable.


Sec.  232.716  Running tests.

    When motive power, engine crew or train crew has been changed, 
angle cocks have been closed except for cutting off one or more cars 
from the rear end of train or electro-pneumatic brake circuit cables 
between power units and/or cars have been disconnected, running test of 
train air brakes on passenger train must be made, as soon as speed of 
train permits, by use of automatic brake if operating in automatic 
brake operation or by use of electro-pneumatic brake if operating in 
electro-pneumatic brake operation. Steam or power must not be shut off 
unless required and running test must be made by applying train air 
brakes with sufficient force to ascertain whether or not brakes are 
operating properly. If air brakes do not properly operate, train must 
be stopped, cause of failure ascertained and corrected and running test 
repeated.


Sec.  232.717  Freight and passenger train car brakes.

    (a)(1) When a freight car having brake equipment due for periodic 
attention is on shop or repair tracks where facilities are available 
for making air brake repairs, brake equipment must be given attention 
in accordance with the requirements of Rule 4 of the 2020 Field Manual 
of the AAR Interchange Rules (AAR Field Manual); or an alternative 
procedure approved by FRA under paragraph (d) of this section. Brake 
equipment shall then be tested by use of a single car testing device as 
prescribed bySec.  232.305.
    (2)(i) When a freight car having an air brake defect is on a shop 
or repair track, brake equipment must be tested by use of a single car 
testing device as prescribed by Sec.  232.305.
    (ii) All freight cars on shop or repair tracks shall be tested to 
determine that the air brakes apply and release. Piston travel on a 
standard body mounted brake cylinder which is less than 7 inches or 
more than 9 inches must be adjusted to nominally 7 inches. Piston 
travel of brake cylinders on all freight cars equipped with other than 
standard single capacity brake, must be adjusted as indicated on badge 
plate or stenciling on car located in a conspicuous place near brake 
cylinder. After piston travel has been adjusted and with brakes 
released, sufficient brake shoe clearance must be provided.
    (iii) When a car equipped for use in passenger train service not 
due for periodical air brake repairs, as indicated by stenciled or 
recorded cleaning dates, is on shop or repair tracks, brake equipment 
must be tested by use of single car testing device as prescribed by the 
applicable standards referenced in Sec.  232.305 or by the American 
Public Transportation Association (APTA) standard referenced in Sec.  
238.311(a) of this chapter. Piston travel of brake cylinders must be 
adjusted if required, to the standard travel for that type of brake 
cylinder. After piston travel has been adjusted and with brakes 
released, sufficient brake shoe clearance must be provided.
    (iv) Before a car is released from a shop or repair track, it must 
be known that brake pipe is securely clamped, angle cocks in proper 
position with suitable clearance, valves, reservoirs and cylinders 
tight on supports and supports securely attached to car.
    (b)(1) Brake equipment on cars other than passenger cars must be 
cleaned, repaired, lubricated and tested (``COT&S'') as often as 
required to maintain it in a safe and suitable condition for service 
but not less frequently than as required by Rule 4 of the AAR Field 
Manual.
    (2) Brake equipment on passenger cars must be cleaned, repaired, 
lubricated and tested (``COT&S'') as often as necessary to maintain it 
in a safe and suitable condition for service but not less frequently 
than as required in Standard S-4045-13 in the Manual of Standards and 
Recommended Practices of the AAR or an alternative procedure approved 
by FRA pursuant to Sec.  232.717(d).
    (c) For a brake system once, but no longer, included in AAR's 
current Code of Rules or Code of Tests (presently known as the Field 
Manual of the AAR Interchange Rules or the Manual of Standards and 
Recommended Practices), the brake system must be maintained in a safe 
and suitable condition for service according to a railroad's written 
maintenance plan. The maintenance plan, including its COT&S component 
and a periodic attention schedule, must be based upon a standard 
appropriate to the equipment. The railroad must comply with and make 
its written maintenance plan available to FRA upon request.
    (d) Modification of standards. The AAR or other authorized 
representative of the railroad industry may seek modification of the 
industry standards identified in or approved pursuant to paragraph (a) 
of this section. The request for modification will be handled and must 
be submitted in accordance with the modification procedures contained 
in Sec.  232.307 of this part.
    (e) Incorporation by Reference. The Director of the Federal 
Register approves the incorporation by reference of the standards 
required in this section into this section in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. You may inspect a copy of the material at the 
Federal Railroad Administration, Docket Clerk, 1200 New Jersey Avenue 
SE, Washington, DC 20590 (telephone: 855-368-4200). You may also 
inspect the material at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, email [email protected], or go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html. You may 
obtain the material from the following source(s):
    (1) Association of American Railroads (AAR), 425 Third Street SW, 
Washington, DC 20024, telephone: (202) 639-2345, email: 
[email protected], website: https://aarpublications.com.
    (i) Rule 4 of the ``2020 Field Manual of the AAR Interchange 
Rules''.
    (ii) AAR Standard S-4045-13, ``Passenger Equipment Maintenance 
Requirements,'' 2013.
    (2) [Reserved]


Sec.  232.719  End-of-train devices.

    Requirements are contained in Subpart E of this rule.
0
24. Remove appendices A and B.

    Issued in Washington, DC.
Ronald L. Batory,
Administrator.
[FR Doc. 2019-27749 Filed 1-14-20; 8:45 am]
 BILLING CODE 4910-06-P