[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Proposed Rules]
[Pages 28660-28666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-12168]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Parts 229, 232, and 238
[Docket No. FRA-2025-0130]
RIN 2130-AD24
Amendments to Brake System Maintenance and Inspection
Requirements
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: FRA proposes to amend its mechanical equipment safety
standards related to brake inspections for passenger and freight rail
equipment. The proposed changes focus on the incorporation of
longstanding waivers for locomotive brake system maintenance and
inspection requirements. The amendments are consistent with the
mandates of the Infrastructure Investment and Jobs Act (IIJA), which
require FRA to review and analyze certain longstanding waivers to
determine whether incorporating the waivers into FRA's regulations is
justified, and the Executive Order for Ensuring Lawful Governance and
Implementing the President's ``Department of Government Efficiency''
Deregulatory Initiative.
DATES: Comments on the proposed rule must be received by September 2,
2025. FRA may consider comments received after that date, but only to
the extent practicable.
ADDRESSES:
Comments: Comments related to Docket No. FRA-2025-0130 may be
submitted by going to https://www.regulations.gov and following the
online instructions for submitting comments.
Instructions: All submissions must include the agency name, docket
number (FRA-2025-0130), and Regulatory Identification Number (RIN) for
this rulemaking (2130-AD24). All comments received will be posted
without change to https://www.regulations.gov; this includes 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 https://www.regulations.gov and follow the
[[Page 28661]]
online instructions for accessing the docket.
FOR FURTHER INFORMATION CONTACT: Gary Fairbanks, Supervisory Railroad
Safety Specialist, FRA, telephone: (202) 230-9594, email:
[email protected]; or James Mecone, Attorney Adviser, FRA,
telephone: (202) 380-5324, email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Consistent with the deregulatory agenda of President Donald J.
Trump and Secretary of Transportation Sean P. Duffy, which seeks to
unleash America's economic prosperity without compromising
transportation safety, FRA is reviewing its regulatory requirements in
parts 200 through 299 of title 49, Code of Federal Regulations (CFR).
Some of the requirements contained in 49 CFR parts 229, 232, and 238
could be updated to reduce burdens, make technical or conforming
changes, or otherwise adjust to advancing technology without any
adverse effect on railroad safety. The amendments proposed in this NPRM
would codify certain waivers to make permanent the safety benefits of
these waivers and eliminate uncertainty about potential extensions. The
codification of these waivers would also eliminate the need for
railroads to submit waiver petitions (and repeated extensions of those
waivers every five years) from the various applicable regulations and
FRA's review and approval burden for the waiver petitions and extension
requests. Please review the Section-by-Section Analysis below for the
relevant information related to each proposed change.
II. Section-by-Section Analysis
PART 229--LOCOMOTIVE SAFETY STANDARDS
Section 229.29 Air Brake System Calibration, Maintenance, and Testing
This section currently provides requirements for periodic
calibration, maintenance, and testing of locomotive air brake systems.
FRA proposes to extend brake equipment service life and maintenance
intervals for periodic cleaning, repairing, and testing of air brake
equipment, based on extensive industry and FRA experience implementing
test waivers. For industry convenience and clarity, FRA also proposes
to improve consistency between passenger locomotive standards located
in parts 229 and 238, by reorganizing and restating certain
requirements. FRA recognizes that some equipment on passenger railroads
must comply with both Sec. Sec. 229.29 and 238.309, which currently
require the same brake maintenance, but are expressed differently.
FRA's proposal includes editorial changes to match terms and
definitions in both parts 229 and 238.
FRA proposes to remove existing paragraph (b) of this section and
combine its requirements with those in Sec. 232.205(c)(1)(iii) for
clarity and ease of reference. As discussed in the analysis of Sec.
232.205(c)(1)(iii) below, FRA is proposing to revise the requirements
to account for the use of digital air flow method (AFM) indicators.
Part 232 already includes the use of digital AFMs as an acceptable
option for conducting a brake test.\1\ Additionally, FRA proposes to
remove existing paragraph (g)(1) requiring that the date of AFM
indicator calibration be recorded on form FRA F 6180-49A (the blue
card). This requirement is already codified at 49 CFR
232.205(c)(1)(iv).
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\1\ Sec. 232.205(c)(1)(ii).
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With the removal of existing paragraph (b), FRA proposes to
redesignate existing paragraph (c) as paragraph (b) and to revise new
paragraph (b)(1) to account for the use of electronic air brake (EAB)
control valves. This revision effectively codifies a condition of the
longstanding waiver in Docket Number FRA-2005-21613.
The longstanding waiver in Docket Number FRA-2005-21613 involves
locomotive EAB systems manufactured by New York Air Brake (NYAB) (CCB-
1, CCB-2, and CCB-26), and Wabtec (EPIC 3102D2, EPIC 2, and FastBrake).
Approximately 17,000 locomotives in the U.S. (over half the U.S.
locomotive operating fleet) and approximately 70 percent of the Class I
operating fleet are equipped with these types of brakes. These brake
systems electronically control the pneumatic brakes on freight
locomotives. During the course of this waiver, the test committee
overseeing implementation of the relief concluded that the periodic
inspection period interval for these brake systems could be extended
from 1,472 days to 3,680 days.\2\
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\2\ See https://www.regulations.gov/document/FRA-2005-21613-0129. There are no comments in opposition to the relief in this
docket.
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FRA proposes to redesignate paragraphs (d) as paragraph (c), and to
redesignate paragraph (e) as paragraph (c).
FRA proposes to revise redesignated paragraph (e) to update the
intervals and be consistent with the language in Sec. 238.309(b).
First, FRA proposes to revise the reference to ``26 L or equivalent
brake system'' in paragraph (e)(1) to a full listing of all 26 type
brake systems and to generally identify those brake systems as ``26
type brake systems.'' Consistent with that change, FRA proposes to
revise the reference to 26 L or equivalent brake systems in paragraph
(e)(2) to ``26 type brake systems.''
FRA proposes to revise redesignated paragraph (e)(3) to remove the
references to brake systems subject to longstanding age exploration
waivers.
FRA proposes to add new paragraphs (e)(4) through (6) to
incorporate the results of age exploration waiver in docket number FRA-
2005-21613.
FRA proposes to add new paragraphs (f) and (g) to incorporate
specific conditions of the waiver in docket number FRA-2005-21613.
These paragraphs would require maintenance of the critical components
of the brake systems designed to control contaminants to ensure the
effectiveness of those systems throughout the inspection cycle.
Finally, FRA proposes to redesignate paragraph (g) as paragraph
(h). Specifically, FRA proposes to redesignate paragraph (g)(2) as
paragraph (h)(1), and to redesignate paragraph (g)(3) as paragraph
(h)(2) and modify redesignated paragraph (h)(2) with the provision for
a unique employee identifier to permit the use of electronic signature
of required records. As described above, FRA proposes to remove
existing paragraph (g)(1) requiring a record of the AFM indicator
calibration date on form FRA F 6180-49A (the blue card) because this
requirement is already codified at 49 CFR 232.205(c)(1)(iv).
PART 232--BRAKE SYSTEM SAFETY STANDARDS FOR FREIGHT AND OTHER NON-
PASSENGER TRAINS AND EQUIPMENT; END-OF-TRAIN DEVICES
Section 232.205 Class I Brake Test-Initial Terminal Inspection
As noted above, FRA is proposing to combine the requirements of
existing paragraph (b) of Sec. 229.29 with those of paragraph
(c)(1)(iii) of this section. Specifically, FRA proposes to revise
paragraph (c)(1)(iii) to address the use of digital AFM indicators. The
existing regulation governs the use and calibration of standalone
analog mechanical AFM indicators, but, recognizing the self-diagnostic
capabilities of these digital devices, a longstanding FRA test waiver
extended the calibration interval to 184 days.\3\
[[Page 28662]]
This has resulted in 98 percent of AFM devices remaining in calibration
for each day of the 184-day interval without attention (as compared to
78 percent remaining in calibration prior to the waiver).
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\3\ Docket Number FRA-2016-0086.
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PART 238--PASSENGER EQUIPMENT SAFETY STANDARDS
Section 238.307 Periodic Mechanical Inspection of Passenger Cars and
Unpowered Vehicles Used in Passenger Trains
FRA proposes to add paragraph (d)(4) to require the execution and
passing of a self-test of all EAB systems as part of the 368-day
periodic mechanical inspection. This requirement is intended to make
paragraph (d)(4) consistent with a similar requirement to perform the
self-test on EAB systems at the level one inspection for locomotives at
Sec. 229.29(b)(1) and effectively codifies the requirements of the
longstanding waiver in Docket No. FRA-2005-21613.
Section 238.309 Periodic Brake Equipment Maintenance
FRA proposes to extend brake equipment service life and maintenance
intervals for periodic cleaning, repairing, and testing of air brake
equipment, based on extensive industry and FRA experience implementing
test waivers. For industry convenience and clarity, FRA also proposes
to improve harmonization between passenger locomotive standards located
in 49 CFR parts 229 and 238, by reorganizing and restating certain
requirements. FRA recognizes that some equipment on passenger railroads
must comply with both Sec. 229.29, Air brake system calibration,
maintenance, and testing, and Sec. 238.309, which collectively require
the same brake maintenance but are expressed differently. Accordingly,
FRA proposes reordering the requirements in Sec. 238.309 within each
type of equipment category, in chronological order, by length of
service period, and also proposes replacing the word ``every'' with the
phrase ``at intervals that do not exceed'' to match the language in
Sec. 229.29. These changes would clarify the period of performance or
maintenance governed by Sec. 238.309.
Additionally, in Sec. 238.309, FRA uses the term ``fleet''
regarding whether equipment is (or is not) equipped with air dryers.
FRA considers a ``fleet'' to be a group of equipment that operates
independently of other groups of equipment on a railroad. Typically,
this equipment is operated interchangeably and maintained uniformly
within its group, but not operated with equipment outside of the group.
Testing on the EAB valves specified in this proposed section has shown
that recently designed brake systems have sufficient internal
filtration and engineering design to withstand operation without air
dryers, and be safe and suitable for service during intervals between
the proposed inspections. Older air brake equipment may use metallic
piston rings, brass-on-brass slide valves, and older filtration schemes
that have not proven to withstand non-dryer treated air for extended
use. Therefore, FRA proposes to continue its two-tiered approach to the
use of air dryers for older air brake systems and require separate
operation of fleets if a railroad desires to utilize the longer
maintenance period for older equipment fitted with air dryers.
For DMU and MU locomotives, FRA proposes to move present paragraph
(b)(2) to new paragraph (b)(3) with modifications. Modified (b)(2)
would retain the 1,104-day \4\ inspection frequency but be assigned to
only brake systems not listed in new paragraphs (b)(3) through (b)(7)
that are for brake systems that are air dryer equipped.
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\4\ Since publication of the revised Railroad Locomotive Safety
Standards final rule in 1980, FRA has typically expressed periodic
inspections for all railroad equipment in multiples of 92-day
quarters, which allows for clarity in calculating service days
without concern for variances in the number of days in a calendar
month (28 to 31 days) in making calculations.
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New paragraph (b)(3) would make DMU and MU locomotive air brake
requirements consistent with the freight locomotive requirements found
at existing Sec. 229.29(f)(2) (proposed to be redesignated as (e)(2)).
As such, all of these different types of locomotives equipped with 26-
type brake equipment with air dryers, would be permitted 1,472 days
between inspections.
Proposed new paragraphs (b)(4) through (7) would incorporate the
findings of AAR's 2005 test waiver for the service life extension of
EABs. See Docket No. FRA-2005-21613. While the principal investigations
for the service life extension were conducted by freight railroads in
cooperation with manufacturers of EABs and interested parties, in 2013
the American Public Transportation Association petitioned and received
relief for consistency of passenger locomotives and cab cars equipped
with EABs with the requirements of proposed Sec. 229.29(e)(4)-(6),
therefore ``piggybacking'' on Docket no. FRA-2005-21613. See FRA-2007-
28306-0011. FRA is proposing to move current paragraph (b)(3) to
paragraph (b)(4) and modify it by the addition of EPIC 1 (formerly EPIC
3102) to the list of brake systems permitted 1,840 days between
cleaning, repair, and test, to be consistent with the requirement of
Sec. 229.29. As explained regarding EAB valves, FRA is also proposing
deleting the requirement for air dryers for the brake systems listed in
paragraph (b)(4). The reference to KBC's ``KBCT1'' is being removed
from this paragraph and placed in paragraph (b)(7) as ``CT-1.''
In 2004, Long Island Rail Road (LIRR) and Metro-North Commuter
Railroad (MNCR) petitioned and were granted a waiver of compliance from
FRA for age exploration of the KBC CT-1 air brake for their fleets of
M-7 MU locomotives to extend time intervals between brake maintenance
cycles beyond the five years (1,840 days) required in Sec. 238.309
(Docket No. FRA-2004-17099). After completing 12 years of thorough
testing and component evaluation, the waiver test committee recommended
a 10-year (3,680-day) interval for cleaning, repair, and test. The LIRR
(836 cars) and the MNCR (336 cars) M-7 fleets entered revenue service
between 2002 and 2007.
In 2013, FRA granted MNCR's petition to add its M-8 fleet (405
units) identified as a KBC CT-1a air brake system to Docket No. FRA-
2004-17099. FRA concurred that the similar components of the KBC CT-1a
system are considered to have the same life expectancy as the KBC CT-1
system. Based on its analysis of the LIRR/MNCR data and the overall
fleet brake system reliability and safety performance, the waiver test
committee recommended approval for a 10-year (3,680-day) clean, oil,
test, and stencil (COT&S) interval for the KBC CT-1 family of brake
systems. FRA proposes to incorporate the results of this test waiver in
proposed paragraph (b)(7).
FRA also proposes to codify the remaining EABs that were
investigated under Docket No. FRA-2005-21613 to make this section
consistent with proposed revisions to Sec. 229.29. FRA proposes to add
paragraph (b)(5) to permit 2,944-day intervals between brake
maintenance for DMU or MU locomotives equipped with EPIC 3102(D2) or
EPIC 2 brake systems. FRA proposes to add paragraph (b)(6) to permit
3,128-day intervals between brake maintenance for DMU or MU locomotives
equipped with CCB-1 brake systems. FRA proposes to add paragraph (b)(7)
to permit 3,680-day intervals between brake maintenance for DMU or MU
locomotives equipped with CCB-2, CCB-26, or FastBrake electronic air
brake systems, as specified in Docket No. FRA-2005-21613, and to permit
the of the CT-1 brake system as specified in Docket No. FRA-2004-17099.
For passenger coaches and other unpowered passenger vehicles, FRA
[[Page 28663]]
proposes to exchange paragraphs (d)(1) and (3) to arrange the
paragraphs in chronological order, and to change the brake system
reference in new paragraph (d)(1) to ``brake system not specifically
identified'' to provide consistency with Sec. 229.29 and to reflect
that 1,104 days is the default interval for brake systems not otherwise
noted in paragraph (d). The interval in paragraph (d)(2) is being
changed from 1,476 days to 1,472 days to correct a long-standing
typographical error and conform with FRA's method for calculating
periodic inspection dates.
Proposed paragraph (d)(3) would address AB-type brake systems used
on passenger equipment (currently in paragraph (d)(1)), and the
interval between required brake maintenance would remain 2,208 days.
For cab cars, FRA proposes to reorder paragraph (e) to arrange the
requirements in chronological order, and to change the brake system
reference to ``brake system not specifically identified'' in new
paragraph (e)(1) (currently (e)(4)), to provide consistency with Sec.
229.29. In paragraph (e)(2), FRA proposes the same conforming change
from ``1,476 days'' to ``1,472 days,'' as discussed above, and current
paragraph (e)(3) would be removed. Splitting of the intervals between
26-C ``under floor'' equipment and 26-L control cab equipment, as in
current paragraph (e)(2) and (3), would no longer be required due to
the proposed parity of treatment of all 26-type brake valves in part
238 and part 229. Proposed (e)(3), which is current (e)(1), would
specify the 1,840-day brake interval equipment requirements. Proposed
new paragraphs (e)(4) through (6) would codify the provisions of EAB
test waivers under Docket Nos. FRA-2005-21613 and FRA-2007-28306 for
the brake maintenance intervals.
Similar to proposed paragraphs (f) and (g) for Sec. 229.29
described above, proposed paragraphs (f) and (g) would provide for the
maintenance of automatic drain valves and air dryers, and air
compressors (with an emphasis on elimination of oil contamination).
These paragraphs are identical to two general conditions of the test
waiver at Docket No. FRA-2005-21613,\5\ and are considered essential
elements to the success of the test waiver. These paragraphs require
maintenance of the critical components of the brake systems designed to
control contaminates to ensure the effectiveness of those systems
throughout the inspection cycle.
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\5\ See FRA-2005-21613-0088, ``U.S. Dot/FRA--Decision,''
conditions no. 6-7.
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FRA proposes to redesignate paragraph (f) as new paragraph (h) and
modify new paragraph (h)(1) with the provision for a unique employee
identifier to permit the use of electronic signature of required
records.
III. Regulatory Impact and Notices
A. Executive Orders (E.O.) 12866 (Regulatory Planning and Review) and
DOT Regulatory Policies and Procedures
FRA has considered the impact of this NPRM under E.O. 12866,
Regulatory Planning and Review (58 FR 51735, Oct. 4, 1993), and DOT
Order 2100.6B, Policies and Procedures for Rulemaking (Mar. 10, 2025).
The Office of Information and Regulatory Affairs within the Office of
Management and Budget (OMB) determined that this NPRM is not a
significant regulatory action under section 3(f) of E.O. 12866. FRA is
proposing to incorporate longstanding waivers for locomotive and
passenger equipment brake system maintenance and inspection
requirements.
FRA expects that this proposed rule would result in cost savings to
the industry as it would codify mostly longstanding waivers and save
railroads the need to submit waiver petitions (and repeated extensions
of those waivers every five years) to FRA for continued relief of
various applicable regulations and the Federal Government's review and
approval burden for the waiver petitions and extension requests. In
instances where a current waiver may not be longstanding, FRA estimates
the cost savings would be greater since a railroad would now be granted
additional time in between regulatory maintenance and inspection
intervals. FRA also expects this proposed rule would provide clarity to
railroads regarding regulatory maintenance and inspection requirements.
B. E.O. 14192 (Unleashing Prosperity Through Deregulation)
E.O. 14192 (90 FR 9065, Jan. 31, 2025), Unleashing Prosperity
Through Deregulation, requires that for ``each new [E.O. 14192
regulatory action] issued, at least ten prior regulations be identified
for elimination.'' \6\ Implementation guidance for E.O. 14192 issued by
OMB (Memorandum M-25-20, Mar. 26, 2025) defines two different types of
E.O. 14192 actions: an E.O. 14192 deregulatory action, and an E.O.
14192 regulatory action.\7\
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\6\ Executive Office of the President. Executive Order 14192 of
January 31, 2025. Unleashing Prosperity Through Deregulation. 90 FR
9065-9067. Feb. 6, 2025.
\7\ Executive Office of the President. Office of Management and
Budget. Guidance Implementing Section 3 of Executive Order 14192,
Titled ``Unleashing Prosperity Through Deregulation.'' Memorandum M-
25-20. March 26, 2025.
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An E.O. 14192 deregulatory action is defined as ``an action that
has been finalized and has total costs less than zero.'' This proposed
rulemaking is expected to have total costs less than zero, and
therefore it would be considered an E.O. 14192 deregulatory action upon
issuance of a final rule. While FRA is confident that each amendment
proposed in this NPRM has a cost that is negligible or ``less than
zero'' consistent with E.O. 14192, FRA requests comment on the extent
of the cost savings for the changes proposed in this NPRM.
C. Regulatory Flexibility Act and E.O. 13272
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended
by the Small Business Regulatory Enforcement Fairness Act of 1996,\8\
requires Federal agencies to consider the effects of the regulatory
action on small business and other small entities and to minimize any
significant economic impact. Accordingly, DOT policy requires an
analysis of the impact of all regulations on small entities, and
mandates that agencies strive to lessen any adverse effects on these
businesses. The term small entities comprises small businesses and not-
for-profit organizations that are independently owned and operated and
are not dominant in their fields, and governmental jurisdictions with
populations of less than 50,000 (5 U.S.C. 601(6)).
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\8\ Public Law 104-121, 110 Stat. 857 (Mar. 29, 1996).
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No regulatory flexibility analysis is required, however, if the
head of an Agency or an appropriate designee certifies that the rule
will not have a significant economic impact on a substantial number of
small entities. This proposed rule would not preclude small entities
from continuing existing practices that comply with parts 229, 232, or
238; it merely offers flexibilities that would result in cost savings,
if a small entity or other regulated entity chooses to utilize those
flexibilities. By extending this regulatory relief, many regulated
entities, including small entities, would experience a cost savings.
Consequently, FRA certifies that the proposed action would not have a
significant economic impact on a substantial number of small entities.
[[Page 28664]]
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857), FRA
wants to assist small entities in understanding this proposed rule so
they can better evaluate its effects on themselves and participate in
the rulemaking initiative. If the proposed rule would affect your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
consult the person listed under FOR FURTHER INFORMATION CONTACT.
D. Paperwork Reduction Act
This proposed rule offers regulatory flexibilities, and it contains
no new information collection requirements under the Paperwork
Reduction Act of 1995, 44 U.S.C. 3501 et seq. With this NPRM, FRA will
be using the OMB control numbers: 2130-0544, Passenger Equipment Safety
Standards; 2130-0008, Brake System Safety Standards for Freight and
Other Non-Passenger Trains and Equipment; and 2130-0004, Railroad
Locomotive Safety Standards and Event Recorders.
E. Environmental Assessment
FRA has analyzed this rule for the purposes of the National
Environmental Policy Act of 1969 (NEPA). In accordance with 42 U.S.C.
4336 and DOT NEPA Order 5610.1C, FRA has determined that this rule is
categorically excluded pursuant to 23 CFR 771.118(c)(4), ``[p]lanning
and administrative activities that do not involve or lead directly to
construction, such as: [p]romulgation of rules, regulations, and
directives.'' This rulemaking is not anticipated to result in any
environmental impacts, and there are no unusual or extraordinary
circumstances present in connection with this rulemaking.
Pursuant to Section 106 of the National Historic Preservation Act
and its implementing regulations, FRA has determined this undertaking
has no potential to affect historic properties. FRA has also determined
that this rulemaking does not approve a project resulting in a use of a
resource protected by Section 4(f).
F. Federalism Implications
This proposed rule will not have a substantial effect 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. Thus, in accordance with E.O. 13132,
``Federalism'' (64 FR 43255, Aug. 10, 1999), preparation of a
Federalism Assessment is not warranted.
G. Unfunded Mandates Reform Act of 1995
This proposed rule would not result in the expenditure, in the
aggregate, of $100,000,000 or more, adjusted for inflation, in any one
year by State, local, or Indian Tribal governments, or the private
sector. Thus, consistent with section 202 of the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4, 2 U.S.C. 1532), FRA is not required
to prepare a written statement detailing the effect of such an
expenditure.
H. Energy Impact
E.O. 13211 requires Federal agencies to prepare a Statement of
Energy Effects for any ``significant energy action.'' \9\ FRA has
evaluated this proposed rule in accordance with E.O. 13211 and
determined that this proposed rule is not a ``significant energy
action'' within the meaning of E.O. 13211.
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\9\ 66 FR 28355 (May 22, 2001).
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I. E.O. 13175 (Tribal Consultation)
FRA has evaluated this proposed rule in accordance with the
principles and criteria contained in E.O. 13175, Consultation and
Coordination with Indian Tribal Governments, dated November 6, 2000.
The proposed rule would not have a substantial direct effect on one or
more Indian tribes, would not impose substantial direct compliance
costs on Indian tribal governments, and would not preempt tribal laws.
Therefore, the funding and consultation requirements of E.O. 13175 do
not apply, and a tribal summary impact statement is not required.
J. International Trade Impact Assessment
The Trade Agreement Act of 1979 \10\ prohibits Federal agencies
from engaging in any standards or related activities that create
unnecessary obstacles to the foreign commerce of the United States.
Legitimate domestic objectives, such as safety, are not considered
unnecessary obstacles. The statute also requires consideration of
international standards and, where appropriate, that they be the basis
for U.S. standards. This rulemaking is purely domestic in nature and is
not expected to affect trade opportunities for U.S. firms doing
business overseas or for foreign firms doing business in the United
States.
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\10\ 19 U.S.C. ch. 13.
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K. Privacy Act Statement
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 http://www.regulations.gov, as described in
the system of records notice, DOT/ALL-14 FDMS, accessible through
www.transportation.gov/privacy. 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.
L. Rulemaking Summary
As required by 5 U.S.C. 553(b)(4), a summary of this rule can be
found at regulations.gov, Docket No. FRA-2025-0130, in the SUMMARY
section of this proposed rule.
List of Subjects in 49 CFR Part 229
Locomotives, Railroad safety.
List of Subjects in 49 CFR Part 232
Power brakes, Railroad safety.
List of Subjects in 49 CFR Part 238
Passenger equipment, Railroad safety, Reporting and recordkeeping
requirements.
The Proposed Rule
For the reasons discussed in the preamble, FRA proposes to amend
parts 229, 232, and 238 of chapter II, subtitle B of title 49, Code of
Federal Regulations as follows:
PART 229--RAILROAD LOCOMOTIVE SAFETY STANDARDS
0
1. The authority citation for part 229 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20133, 20137-38, 20143,
20168, 20701-03, 21301-02, 21304; 28 U.S.C. 2461 note; and 49 CFR
1.89.
0
2. Amend Sec. 229.29 by revising paragraph (a), removing paragraph
(b), redesignating paragraphs (c) through (f) as paragraphs (b) through
(e) and revising newly redesignated paragraphs (b) through (e),
redesignating paragraph (g) as paragraph (h) and revising newly
redesignated paragraph (h), and adding new paragraphs (f) and (g) to
read as follows:
[[Page 28665]]
Sec. 229.29 Air brake system calibration, maintenance, and testing.
(a) A locomotive's air brake system shall receive the calibration,
maintenance, and testing as prescribed in this section. The level of
maintenance and testing and the intervals for receiving such
maintenance and testing of locomotives with various types of air brake
systems shall be conducted in accordance with paragraphs (c) through
(e) of this section. Records of the maintenance and testing required in
this section shall be maintained in accordance with paragraph (h) of
this section.
(b) Except for DMU or MU locomotives covered under Sec. 238.309 of
this chapter, the extent of air brake system maintenance and testing
that is required on a locomotive shall be in accordance with the
following levels:
(1) Level one: Locomotives shall have the filtering devices or dirt
collectors located in the main reservoir supply line to the air brake
system cleaned, repaired, or replaced. Locomotives equipped with
electronic air brake (EAB) control valves, must execute and pass a
self-test of the operational health of the brake system.
(2) Level two: Locomotives shall have the following components
cleaned, repaired, and tested: brake cylinder relay valve portions;
main reservoir safety valves; brake pipe vent valve portions; and, feed
and reducing valve portions in the air brake system (including related
dirt collectors and filters).
(3) Level three: Locomotives shall have the components identified
in this paragraph removed from the locomotive and disassembled, cleaned
and lubricated (if necessary), and tested. In addition, all parts of
such components that can deteriorate within the inspection interval as
defined in paragraphs (c) through (e) of this section shall be replaced
and tested. The components include: all pneumatic components of the
locomotive equipment's brake system that contain moving parts and are
sealed against air leaks; all valves and valve portions; electric-
pneumatic master controllers in the air brake system; and all air brake
related filters and dirt collectors.
(c) Except for MU locomotives covered under Sec. 238.309 of this
chapter, all locomotives shall receive level one air brake maintenance
and testing as described in this section at intervals that do not
exceed 368 days.
(d) Locomotives equipped with an air brake system not specifically
identified in paragraphs (e)(1) through (6) of this section shall
receive level two air brake maintenance and testing as described in
this section at intervals that do not exceed 368 days and level three
air brake maintenance and testing at intervals that do not exceed 736
days.
(e) Level two and level three air brake maintenance and testing
shall be performed on each locomotive identified in this paragraph in
accordance with the following:
(1) At intervals that do not exceed 1,104 days for a locomotive
equipped with PS-68, 26-C, 26-L, PS-90, CS-1, RT-2, RT-5A, GRB-1, CS-2,
or 26-R brake systems (26 type brake systems). (This listing of brake
system types is intended to subsume all brake systems using 26 type,
6N, MC30, ABD, or ABDW control valves and PS68, PS-90, 26B-1, 26C,
26CE, 26-B1, 30CDW, or 30ECDW engineer's brake valves.);
(2) At intervals that do not exceed 1,472 days for locomotives
equipped with an air dryer and a 26 type brake system and for
locomotives not equipped with an air compressor and that are semi-
permanently coupled and dedicated to locomotives with an air dryer;
(3) At intervals that do not exceed 1,840 days for locomotives
equipped with KB-HL1, KB-HS1, or EPIC 1 (formerly EPIC 3102) brake
systems;
(4) At intervals that do not exceed 2,944 days for locomotives
equipped with EPIC 3102(D2) or EPIC 2 brake systems;
(5) At intervals that do not exceed 3,128 days for locomotives
equipped with CCB-1 brake systems; or
(6) At intervals that do not exceed 3,680 days for locomotives
equipped with CT-1, CCB-2, CCB-26, or FastBrake brake systems.
(f) All systems for the discharge or removal of moisture, such as
automatic drain valves and air dryers, must be maintained to function
as intended.
(g) The air compressor (if equipped) must be maintained to function
as intended with emphasis on detection and elimination of oil
contamination of the main reservoir air.
(h) Records of the air brake system maintenance and testing
required by this section shall be generated and maintained in
accordance with the following:
(1) The date and place of the cleaning, repairing and testing
required by this section shall be recorded on Form FRA F 6180-49A, and
the work shall be certified. A record of the parts of the air brake
system that are cleaned, repaired, and tested shall be kept in the
railroad's files or in the cab of the locomotive.
(2) At its option, a railroad may fragment the work required by
this section. In that event, a separate record shall be maintained
under a transparent cover in the cab. The air record shall include: the
locomotive number; a list of the air brake components; and the date and
place of the inspection and testing of each component. The signature or
unique employee identifier of the person performing the work and the
signature or unique employee identifier of that person's supervisor
shall be included for each component. A duplicate record shall be
maintained in the railroad's files.
PART 232--BRAKE SYSTEM SAFETY STANDARDS FOR FREIGHT AND OTHER NON-
PASSENGER TRAINS AND EQUIPMENT; END-OF-TRAIN DEVICES
0
2. The Authority citation for part 232 continues to read as follows:
Authority: 49 U.S.C. 201012-20103, 20107, 20133, 20141, 20301-
20303, 20306, 21301-20302, 21304; 28 U.S.C. 2461, note; and 49 CFR
1.89.
0
4. Amend 232.5 by adding, in alphabetical order, the following
definition:
Sec. 232.5 Definitions.
* * * * *
Electronic air brake (EAB) means a brake system controlled by a
computer which provides the means for control of the locomotive brakes
or train brakes or both.
* * * * *
0
5. Revise Sec. 232.205(c)(1)(iii) to read as follows:
Sec. 232.205 Class 1 brake test-initial terminal inspection.
* * * * *
(c) * * *
(1) * * *
(iii) An analog AFM indicator must be calibrated for accuracy at
periodic intervals not to exceed 92 days. A digital AFM integrated into
an EAB system must be calibrated for accuracy at periodic intervals not
to exceed 184 days. The AFM indicator and all test orifices must be
calibrated at temperatures of not less than 20 [deg]F. AFM indicators
must be accurate to within 3 standard cubic feet per minute
(CFM) at 60 CFM air flow.
* * * * *
PART 238--PASSENGER EQUIPMENT SAFETY STANDARDS
0
6. The authority citation for part 238 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20133, 20141, 20302-20303,
20306, 20701-20702, 21301-21302, 21304; 28 U.S.C. 2461 note; and 49
CFR 1.89.
[[Page 28666]]
0
7. Amend 238.5 by adding, in alphabetical order, the following
definition:
Sec. 238.5 Definitions.
* * * * *
Electronic air brake (EAB) means a brake system controlled by a
computer which provides the means for control of the locomotive brakes
or train brakes or both.
* * * * *
0
8. Amend Sec. 238.307 by revising paragraph (d) to read as follows:
Sec. 238.307 Periodic mechanical inspection of passenger cars and
unpowered vehicles used in passenger trains.
* * * * *
(d) * * *
(4) For passenger equipment equipped with an EAB system, a self-
test of the operational health of the brake system must be performed
and successfully passed as part of the periodic mechanical inspection.
* * * * *
0
9. Amend Sec. 238.309 by revising paragraphs (b), (d), and (e),
redesignating paragraph (f) as paragraph (h) and revising newly
designated paragraph (h), and adding new paragraphs (f) and (g) to read
as follows:
Sec. 238.309 Periodic brake equipment maintenance.
* * * * *
* * * * *
(b) DMU and MU locomotives. The brake equipment and brake cylinders
of each DMU or MU locomotive shall be cleaned, repaired, and tested,
and the filtering devices or dirt collectors located in the main
reservoir supply line to the air brake system cleaned, repaired, or
replaced in accordance with the following schedule:
(1) At intervals that do not exceed 736 days if the DMU or MU
locomotive is part of a fleet that is not 100 percent equipped with air
dryers;
(2) At intervals that do not exceed 1,104 days if the DMU or MU
locomotive is part of a fleet that is 100 percent equipped with air
dryers and is equipped with a brake system not listed in paragraphs
(b)(3) through (7) of this section;
(3) At intervals that do not exceed 1,472 days if the DMU or MU
locomotive is part of a fleet that is 100 percent equipped with air
dryers and is equipped with PS-68, 26-C, 26-L, PS-90, CS-1, RT-2, RT-
5A, GRB-1, CS-2, or 26-R brake systems (26 Type brake system). (This
listing of brake system types is intended to subsume all brake systems
using 26 Type, 6N, MC30, ABD, or ABDW control valves and PS68, PS-90,
26B-1, 26C, 26CE, 26-B1, 30CDW, or 30ECDW engineer's brake valves.);
(4) At intervals that do not exceed 1,840 days if the DMU or MU
locomotive is equipped with KB-HL1, KB-HS1, or EPIC 1 (formerly EPIC
3102) brake systems;
(5) At intervals that do not exceed 2,944 days if the DMU or MU
locomotive is equipped with EPIC 3102(D2) or EPIC 2 brake systems;
(6) At intervals that do not exceed 3,128 days if the DMU or MU
locomotive is equipped with CCB-1 brake systems; or
(7) At intervals that do not exceed 3,680 days if the DMU or MU
locomotive is equipped with CT-1, CCB-2, CCB-26, or FastBrake brake
systems.
* * * * *
(d) Passenger coaches and other unpowered vehicles. The brake
equipment on each passenger coach and each unpowered vehicle used in a
passenger train shall be cleaned, repaired, and tested in accordance
with following schedule:
(1) At intervals that do not exceed 1,104 days for a coach or
vehicle equipped with a brake system not specifically identified in
paragraphs (d)(2) through (4) of this section;
(2) At intervals that do not exceed 1,472 days for a coach or
vehicle equipped with a 26 Type listed in paragraph (b)(3) of this
section or equivalent brake system;
(3) At intervals that do not exceed 2,208 days for a coach or
vehicle equipped with an AB-type brake system;
(4) At intervals that do not exceed 2,944 days for a coach or
vehicle equipped with EE-26 (26-C emulation brake system) or any
locomotive electronic air brake (EAB) control valve listed in (b)(5)
through (7) of this section when used for brake cylinder control only;
or
(5) At intervals that do not exceed 3,680 days for a coach or
vehicle equipped with EE-26 (26-C emulation brake system), or any
locomotive electronic air brake (EAB) control valve listed in (b)(5)
through (7) of this section when used for brake cylinder control only,
and operated in a fleet where continuous brake operational health
information is displayed to the train operator.
(e) Cab cars. The brake equipment of each cab car shall be cleaned,
repaired, and tested in accordance with the following schedule:
(1) At intervals that do not exceed 736 days for all types of a cab
car brake system not specifically identified in paragraphs (e)(2)
through (6) of this section;
(2) At intervals that do not exceed 1,472 days for a cab car brake
system equipped with 26 Type brake valves listed in paragraph (b)(3) of
this section;
(3) At intervals that do not exceed 1,840 days for a cab car brake
system equipped with KB-HL1, KB-HS1, KB-CT1, or EPIC 1 (formerly EPIC
3102);
(4) At intervals that do not exceed 2,944 days for a cab car brake
system equipped with EPIC 3102(D2) or EPIC 2 brake systems;
(5) At intervals that do not exceed 3,128 days for a cab car brake
system equipped with CCB-1 brake systems; or
(6) At intervals that do not exceed 3,680 days for a cab car brake
system equipped with CT-1, CCB-2, CCB-26, or FastBrake brake systems.
(f) Moisture discharge or removal system maintenance. Automatic
drain valve and air dryer maintenance. All systems for the discharge or
removal of moisture, such as automatic drain valves and air dryers,
must be maintained to function as intended.
(g) Air compressor maintenance. The air compressor (if equipped)
must be maintained to function as intended with emphasis on detection
and elimination of oil contamination of the main reservoir air.
(h) Records of periodic maintenance.
(1) The date and place of the cleaning, repairing, and testing
required by this section shall be recorded on Form FRA 6180-49A or a
similar form developed by the railroad containing the same information,
and the person performing the work and that person's supervisor shall
sign or mark the form with a unique employee identifier, if possible.
Alternatively, the railroad may stencil the vehicle with the date and
place of the cleaning, repairing, and testing and maintain an
electronic record of the person performing the work and that person's
supervisor.
(2) A record of the parts of the air brake system that are cleaned,
repaired, and tested shall be kept in the railroad's files, the cab of
the locomotive, or a designated location in the passenger car until the
next such periodic test is performed.
Issued in Washington, DC.
Kyle D. Fields,
Chief Counsel.
[FR Doc. 2025-12168 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-06-P