Miscellaneous Amendments to Brake System Safety Standards and Codification of Waivers, 2494-2519 [2019-27749]

Download as PDF 2494 Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Proposed Rules 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 Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). AGENCY: 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In addition, FRA is proposing various modifications to the existing brake related regulations for clarity and to remove outdated or unnecessary provisions.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, https://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 jbell on DSKJLSW7X2PROD with PROPOSALS2 SUMMARY: VerDate Sep<11>2014 17:43 Jan 14, 2020 Jkt 250001 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 https:// 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 https:// 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 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 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. 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 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. E:\FR\FM\15JAP2.SGM 15JAP2 Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Proposed Rules 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% 2495 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] Present value 7% Section Annualized 7% Annualized 3% Helper Link ....................................................................................... D–22 Brake Valve ............................................................................ 26–C Brake Valve ............................................................................ 24-Hour Off-air ................................................................................. 90 CFM ............................................................................................ Single Car Air Brake Tests (SCT) 24 month ................................... SCT 48 month ................................................................................. Waiver Cost Savings ....................................................................... $3.9 0.5 0.2 325.6 1.8 150.7 19.5 0.1 $4.5 0.6 0.3 386.2 2.1 176.1 23.8 0.1 $0.6 0.07 0.04 46.4 0.3 21.5 2.8 0.01 $0.5 0.07 0.03 45.3 0.2 20.6 2.8 0.01 Total .......................................................................................... 502.2 593.7 71.5 69.6 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 jbell on DSKJLSW7X2PROD with PROPOSALS2 Present value 3% 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 VerDate Sep<11>2014 17:43 Jan 14, 2020 Jkt 250001 (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 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 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 E:\FR\FM\15JAP2.SGM 15JAP2 2496 Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Proposed Rules 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. jbell on DSKJLSW7X2PROD with PROPOSALS2 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 VerDate Sep<11>2014 17:43 Jan 14, 2020 Jkt 250001 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)) Æ 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)) Æ Wabtec Corporation (Wabtec), PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 • • • • Docket No. FRA–2001–9270 Æ Quantum Engineering, Inc (Quantum) (n.k.a. Siemens Industry, Inc. (Siemens)), Docket No. FRA–2006–25794 Calibration (49 CFR 232.409(d)) Æ Wabtec, Docket No. FRA–2004– 18895 Æ Ritron, Inc. (Ritron), Docket No. FRA–2009–0015 Æ DPS Electronics, Inc. (DPS), Docket No. FRA–2012–0096 Æ Siemens, Docket No. FRA–2015– 0044 Helper Service (49 CFR 232.219(c)) Æ BNSF, Docket No. FRA–2006– 26435 Æ Montana Rail Link (MRL), Docket No. FRA–2014–0013 Marker Lamp Height (49 CFR 221.13(d)) Æ DPS, Docket No. FRA–2015–0023 Æ Siemens, Docket No. FRA–2017– 0093 Utility Person and Battery Changes (49 CFR 218.22(c)(5)) Æ BNSF, Docket No. FRA–2001– 10660 Æ 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)) Æ AAR, Docket No. FRA–2018–0011 • Add Incorporation by Reference for AAR Standard S–4027–18 (49 CFR 232.305(a)) Æ 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)) Æ BNSF and UP, Docket No. FRA– 2013–0030 • 48-Month Testing, Four-Pressure Test (AAR Standard S–4027) (49 CFR 232.305(b)(2)) Æ 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, § 232.17(b)(2)) Æ 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 E:\FR\FM\15JAP2.SGM 15JAP2 Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Proposed Rules 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: publications@ aar.com, website: https:// aarpublications.com. They are also 2497 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 Identification No. Title S–469–01 .... S–486–18 .... S–4027–18 .. Performance Specification for Freight Brakes .................................................... Code of Air Brake System Tests for Freight Equipment .................................... Automated Single-Car Test Equipment, Conventional Brake Equipment-Design and Performance Requirements. Passenger Equipment Maintenance Requirements ........................................... 2006 2018 2018 § 232.103(l). § 232.305(a). § 232.305(a). 2013 Electronically Controlled Pneumatic (ECP) Cable-Based Brake Systems—Performance Requirements. ECP Cable-Based Brake System Cable, Connectors, and Junction Boxes— Performance Specifications. Intratrain Communication (ITC) Specification for Cable-Based Freight Train Control System. Performance Requirements for ITC Controlled Cable-Based Distributed Power Systems. ECP Brake and Wire Distributed Power Interoperability Test Procedures ........ 2020 Field Manual of the AAR Interchange Rules ............................................. 2014 § 232.17(b)(2) in section I of Appendix B, part 232. (proposed § 232.717(b)(2)). § 232.603. 2014 § 232.603. 2014 § 232.603. 2014 § 232.603. 2008 2020 § 232.603. § 232.717. S–4045–13 .. S–4200 ........ S–4210 ........ S–4230 ........ S–4250 ........ S–4260 ........ N/A ............... 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). jbell on DSKJLSW7X2PROD with PROPOSALS2 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; VerDate Sep<11>2014 17:43 Jan 14, 2020 Jkt 250001 Year or edition 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 § 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 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 Section affected in 49 CFR 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 (§§ 218.21– 218.41). Despite this stated intent, existing paragraph (c) of § 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 (§§ 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 § 218.22 specify conditions under which certain provisions of subpart B (e.g., §§ 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-oftrain 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– E:\FR\FM\15JAP2.SGM 15JAP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 2498 Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Proposed Rules 17989. In their waiver petitions, BNSF and CP stated that potential safety benefits would likely include an estimated 80% reduction in safetysensitive 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. VerDate Sep<11>2014 17:43 Jan 14, 2020 Jkt 250001 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 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 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 § 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 § 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 E:\FR\FM\15JAP2.SGM 15JAP2 Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Proposed Rules 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 § 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. jbell on DSKJLSW7X2PROD with PROPOSALS2 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 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. VerDate Sep<11>2014 17:43 Jan 14, 2020 Jkt 250001 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. 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 § 232.103(l). FRA subsequently also referenced S–469–47 in § 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. 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. 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 latepublished 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. PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 2499 Section 232.205 Class I Brake TestInitial 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, § 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. 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 § 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 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. 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. E:\FR\FM\15JAP2.SGM 15JAP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 2500 Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Proposed Rules (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. 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 VerDate Sep<11>2014 17:43 Jan 14, 2020 Jkt 250001 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 offair). The data also includes samerailroad 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 §§ 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 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 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 offair 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 offair limitation to 48 hours under certain E:\FR\FM\15JAP2.SGM 15JAP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Proposed Rules 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 §§ 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-Me´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 VerDate Sep<11>2014 17:43 Jan 14, 2020 Jkt 250001 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 24hour 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 § 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 § 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 § 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 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 2501 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 § 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 E:\FR\FM\15JAP2.SGM 15JAP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 2502 Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Proposed Rules § 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 territoryspecific. 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 § 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 § 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. VerDate Sep<11>2014 17:43 Jan 14, 2020 Jkt 250001 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 § 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 § 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 § 229.29(g)) currently requires the date of a PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 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 § 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 § 232.205. Section 232.211 Class III Brake TestsTrainline Continuity Inspection FRA proposes amending the off-air requirements of this section. Please refer to the off-air requirements analysis provided for § 232.205. Section 232.213 Extended Haul Trains Under existing § 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 E:\FR\FM\15JAP2.SGM 15JAP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Proposed Rules 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 noncompliance. FRA has previously VerDate Sep<11>2014 17:43 Jan 14, 2020 Jkt 250001 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 (§ 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 § 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 § 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 § 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. PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 2503 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 § 232.205. Section 232.219 Helper Service Double Heading and 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 (nonhelper) 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 Tests Single Car Air Brake For conducting the single car air brake tests prescribed by § 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 § 232.305(a) by FRA in 2008. See 73 FR 61553, 61522, 61553, Oct. 16, 2008. Under the processes outlined in § 232.307—which allows the industry to request FRA approval of modifications to a currently acceptable single car air E:\FR\FM\15JAP2.SGM 15JAP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 2504 Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Proposed Rules 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 VerDate Sep<11>2014 17:43 Jan 14, 2020 Jkt 250001 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 § 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 ASCTDtested 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 fourpressure 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 12percentage point improvement over a traditional single car test after one year. After 4.5 years, four-pressure tested cars widened their margin over manually- PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 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 12month 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 E:\FR\FM\15JAP2.SGM 15JAP2 Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Proposed Rules 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. jbell on DSKJLSW7X2PROD with PROPOSALS2 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 °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 °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 airpowered generator-powered EOT device performance. VerDate Sep<11>2014 17:43 Jan 14, 2020 Jkt 250001 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 wellestablished, 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 airdriven, 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 °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 °C is sufficient; (3) whether the reference temperature of 0 °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 twoway 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 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 2505 powering the EOT device should the airpowered 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 PLLequipped 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 § 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). E:\FR\FM\15JAP2.SGM 15JAP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 2506 Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Proposed Rules 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 § 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, § 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 § 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 § 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 VerDate Sep<11>2014 17:43 Jan 14, 2020 Jkt 250001 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 highlevel 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 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 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 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. For the most part, proposed subpart H reflects the exact text of appendix B. However, when converting § 232.17 in appendix B to proposed § 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. FRA also proposes to amend paragraph (b)(3) to provide AAR and APTA’s updated addresses. 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 §§ 232.1(d) and 232.3(c)(5); 66 FR 4104, 4145–46, 4214, Jan. 17, 2001. 7 AAR Standard S–045 contains the periodic COT&S inspection requirements for air brakes. However, AAR Standard S–045 has been out-ofprint 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. E:\FR\FM\15JAP2.SGM 15JAP2 Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Proposed Rules 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 §§ 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 § 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 § 232.0 in appendix B, proposed to be recodified as § 232.700(c) through (e), may already be covered under §§ 232.5, 232.9, and 232.11, and that the requirements of § 232.3 in appendix B, proposed to be recodified as § 232.703, may already be covered by § 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 2507 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 § 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. 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 ‘‘offair’’ 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] Present value 7% jbell on DSKJLSW7X2PROD with PROPOSALS2 Section Helper Link ....................................................................................... 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 VerDate Sep<11>2014 17:43 Jan 14, 2020 Jkt 250001 Present value 3% $3.9 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 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 Annualized 7% $4.5 $0.6 Annualized 3% $0.5 ‘‘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.’’ E:\FR\FM\15JAP2.SGM 15JAP2 2508 Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Proposed Rules COST SAVINGS OVER 10-YEAR PERIOD—Continued [Values in millions] Present value 7% Section Annualized 7% Annualized 3% D–22 Brake Valve ............................................................................ 26–C Brake Valve ............................................................................ 24-Hour Off-air ................................................................................. 90 CFM ............................................................................................ SCT 24 month ................................................................................. SCT 48 month ................................................................................. Waiver Cost Savings ....................................................................... 0.5 0.2 325.6 1.8 150.7 19.5 0.1 0.6 0.3 386.2 2.1 176.1 23.8 0.1 0.07 0.04 46.4 0.3 21.5 2.8 0.01 0.07 0.03 45.3 0.2 20.6 2.8 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 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 VerDate Sep<11>2014 17:43 Jan 14, 2020 Jkt 250001 Present value 3% Annualized 7% Annualized 3% $502.2 $593.7 $71.5 $69.6 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 PO 00000 Frm 00016 years and may extend them upon request. Given the NPRM codifies these waivers, railroads and suppliers will save the cost of applying and reapplying 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 § 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% Net Cost Savings ............................................................................. jbell on DSKJLSW7X2PROD with PROPOSALS2 Present value 3% Fmt 4701 Sfmt 4702 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 E:\FR\FM\15JAP2.SGM 15JAP2 Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Proposed Rules 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 jbell on DSKJLSW7X2PROD with PROPOSALS2 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 2509 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 dollar equivalent cost CFR section Respondent universe Total annual responses Average time per response Total annual burden hours 229.27—Annual tests ............................................ 232.3—Applicability—Export, industrial, & other cars not owned by railroads-identification. 232.7—Waivers ..................................................... 232.15—Movement of Defective Equipment— Tags/Records. —Written Notification ..................................... 232.17—Special Approval Procedure —Petitions for special approval of safety-critical revision. —Petitions for special approval of pre-revenue service acceptance plan. —Service of petitions ..................................... —Statement of interest .................................. —Comment .................................................... 232.103—Gen’l requirements—all train brake systems—stickers. (n)(7)—RR Plan identifying specific locations or circumstances where equipment may be left unattended. —Notification to FRA when RR develops and has plan in place or modifies existing plan. —Inspection of Equipment by Qualified Employee after Responder Visit. 232.107—Air source requirements and cold weather operations—Monitoring Plan (Subsequent Years). —Amendments/Revisions to Plan ................. —Recordkeeping ........................................... 232.109—Dynamic brake requirements—status/ record. —Inoperative dynamic brakes: Repair record —Tag bearing words ‘‘inoperative dynamic brakes’’. —Deactivated dynamic brakes (Sub. Yrs.) ... —Operating rules (Subsequent Years) ......... —Amendments/Revisions .............................. —Requests to increase 5 mph overspeed restriction. —Knowledge criteria—locomotive engineers—Subsequent Years. 232.111—Train handling information .................... Sub. Yrs.—Amendments/Revisions ............... —Report requirements to train crew ............. 232.203—Training requirements—Tr. Prog.—Sub Yr. —Amendments to written program ................ —Training records ......................................... —Training notifications .................................. —Audit program ............................................. —Amendments to validation/assessment program. 232.205—Initial terminal inspection: Class I brake tests and notifications/records. (c)(1)(ii)(B)—RR Development/implementation of operating rules to ensure compliant operation of train if air flow exceeds stipulated section parameters after Class I brake test is completed (New Requirement). 30,000 locomotives .... 741 railroads ............... 120,000 forms/filling ... 8 cards ........................ 15 minutes .................. 10 minutes .................. 30,000 hours .............. 1 hour ......................... $2,160,000 72 741 railroads ............... 1,620,000 cars ............ 2 petitions ................... 128,400 tags/records .. 160 hours ................... 2.5 minutes ................. 320 hours ................... 5,350 hours ................ 23,360 385,200 1,620,000 cars ............ 25,000 notices ............ 3 minutes .................... 1,250 hours ................ 92,500 741 railroads ............... 1 petition ..................... 100 hours ................... 100 hours ................... 7,300 741 railroads ............... 1 petition ..................... 100 hours ................... 100 hours ................... 7,300 741 railroads ............... Public/railroads ........... Public/railroads ........... 114,000 cars ............... 1 petition ..................... 4 statements ............... 13 comments .............. 70,000 stickers ........... 20 hours ..................... 8 hours ....................... 4 hours ....................... 10 minutes .................. 20 hours ..................... 32 hours ..................... 52 hours ..................... 11,667 hours .............. 1,460 2,336 3,796 840,024 741 railroads ............... 1 revised plans ........... 10 hours ..................... 10 hours ..................... 730 741 railroads ............... 1 notice ....................... 30 minutes .................. 1 hour ......................... 73 741 railroads ............... 12 inspections/records 4 hours ....................... 48 hours ..................... 3,456 10 new railroads ......... 1 plan .......................... 40 hours ..................... 40 hours ..................... 2,920 50 railroads/plans ....... 50 railroads/plans ....... 741 railroads ............... 10 revisions ................ 1,150 records ............. 1,656,000 records ...... 20 hours ..................... 20 hours ..................... 4 minutes .................... 200 hours ................... 23,000 hours .............. 110,400 hours ............ 14,600 1,679,000 8,059,200 30,000 locomotives .... 30,000 locomotives .... 6,358 records ............. 6,358 tags ................... 4 minutes .................... 30 seconds ................. 424 hours ................... 53 hours ..................... 30,528 3,816 8,000 locomotives ...... 5 new railroads ........... 741 railroads ............... 741 railroads ............... 10 markings ................ 5 rules ......................... 15 revisions ................ 5 requests ................... 5 minutes .................... 4 hours ....................... 1 hour ......................... 30 min. + 20 hours ..... 1 hour ......................... 20 hours ..................... 15 hours ..................... 103 hours ................... 72 1,460 1,095 7,519 5 new railroads ........... 5 amendments ............ 16 hours ..................... 80 hours ..................... 5,840 5 new railroads ........... 100 railroads ............... 741 railroads ............... 15 railroads ................. 5 procedures .............. 100 revisions .............. 2,112,000 reports ....... 5 programs ................. 40 hours ..................... 20 hours ..................... 10 minutes .................. 100 hours ................... 200 hours ................... 2,000 hours ................ 352,000 hours ............ 500 hours ................... 14,600 146,000 25,696,000 36,500 741 741 741 741 741 695 revisions .............. 67,000 records ........... 67,000 notices ............ 1 plan + 695 copies .... 50 revisions ................ 8 hours ....................... 8 minutes .................... 3 minutes .................... 40 hours/1 min ........... 20 hours ..................... 5,560 hours ................ 8,933 hours ................ 3,350 hours ................ 52 hours ..................... 1,000 hours ................ 405,880 652,109 244,550 3,796 73,000 383,840 notices/ records. 10 revised operating rules. 45 seconds ................. 4,798 hours ................ 355,052 8 hours ....................... 80 hours ..................... 5,840 VerDate Sep<11>2014 17:43 Jan 14, 2020 Jkt 250001 railroads railroads railroads railroads railroads ............... ............... ............... ............... ............... 741 railroads ............... 741 railroads ............... PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\15JAP2.SGM 15JAP2 2510 Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Proposed Rules Respondent universe Total annual responses Average time per response Total annual burden hours (c)(1)(iii)—Form 49A notation/certification of last date of Air Flow Method (AFM) indicator calibration (Formally under 229.29b). 232.207—Class 1A brake tests—Designation Lists Where Performed. Subsequent Years: Notice of Change to .............. 232.209—Class II brake tests-intermediate ‘‘Rollby inspection—Results to train driver. 232.213—Written Designation to FRA of Extended haul trains. —Notification to FRA 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 helper service: Testing/calibration/records of Helper Link devices used by locomotives (New Requirement). 232.303—General requirements—single car test: Tagging of Moved Equipment. —Last repair track brake test/single car test—Stenciled on Side of Equipment. 232.307—Modification of single car air brake test procedures: Requests. —Affirmation Statement on Mod. Req. To Employee Representatives. —Comments on Modification Request .......... 232.309—Repair track brake test ......................... 232.403—Unique Code ........................................ 232.409—Inspection/Tests/Records EOTs ........... —Telemetry Equipment—Testing/Calibration/ Rcds (Revised Requirement). 232.503—Process to introduce new brake technology. —Special approval ......................................... 232.505—Pre-revenue svc accept test plan— Submission of maintenance procedure. —Amendments to maintenance procedure ... —Design description ...................................... —Report to FRA Assoc. Admin. for Safety ... —Brake system technology testing ............... 741 railroads ............... 88,000 notations ......... 2 minutes .................... 2,933 hours ................ 214,109 741 railroads ............... 1 list ............................ 1 hour ......................... 1 hour ......................... 73 741 railroads ............... 741 railroads ............... 250 notices ................. 159,740 comments ..... 10 minutes .................. 3 seconds ................... 42 hours ..................... 133 hours ................... 3,066 9,709 83,000 long dist. Movements. 10 railroads ................. 250 letters ................... 15 minutes .................. 63 hours ..................... 4,599 250 notices ................. 10 minutes .................. 42 hours ..................... 3,066 2 railroads ................... 50 recording of calibrations. 2 minutes .................... 2 hours ....................... 148 1,600,000 frgt. cars .... 5,600 tags ................... 5 minutes .................... 467 hours ................... 33,624 1,600,000 frgt. cars .... 240,000 markings ....... 2 minutes .................... 8,000 hours ................ 576,000 AAR ............................ 1 request + 3 copies .. 20 hours + 5 minutes 20 hours ..................... 1,460 AAR ............................ 1 statement + 4 copies 1 hour ......................... 73 Railroad/Public ........... 640 shops ................... 245 railroads ............... 245 railroads ............... 245 railroads ............... 16 hours ..................... 167 hours ................... 1 hour ......................... 3,729 hours ................ 567 hours ................... 1,168 12,024 73 268,488 40,824 741 railroads ............... 2 comments ................ 5,000 tests .................. 12 requests ................. 447,500 notices/record 17,000 recording of calibrations. 1 letter ........................ 30 minutes + 5 minutes. 8 hours ....................... 2 minutes .................... 5 minutes .................... 30 seconds ................. 2 minutes .................... 1 hour ......................... 1 hour ......................... 73 741 railroads ............... 741 railroads ............... 1 request .................... 1 procedure ................ 3 hours ....................... 160 hours ................... 3 hours ....................... 160 hours ................... 219 11,680 741 741 741 741 1 1 1 1 40 67 13 40 40 67 13 40 Totals ...................................................... jbell on DSKJLSW7X2PROD with PROPOSALS2 Total annual dollar equivalent cost CFR section 17:43 Jan 14, 2020 Jkt 250001 ............... ............... ............... ............... 741 railroads ............... 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 VerDate Sep<11>2014 railroads railroads railroads railroads revision .................... petition ..................... report ....................... description ............... 5,608,433 .................... hours hours hours hours N/A .............................. 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: Hodan.Wells@ dot.gov and Kimberly.Toone@dot.gov. 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 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 ..................... ..................... ..................... ..................... hours hours hours hours ..................... ..................... ..................... ..................... 2,920 4,891 949 2,920 578,268 ....................... 42,159,140 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 E:\FR\FM\15JAP2.SGM 15JAP2 Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Proposed Rules 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. jbell on DSKJLSW7X2PROD with PROPOSALS2 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 VerDate Sep<11>2014 17:43 Jan 14, 2020 Jkt 250001 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. PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 2511 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 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. 2. Amend § 218.22 by revising paragraph (c) introductory text and paragraph (c)(5) to read as follows: ■ § 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-oftrain 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 §§ 218.23 through 218.30 of this part. * * * * * E:\FR\FM\15JAP2.SGM 15JAP2 2512 Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Proposed Rules 4. Amend § 221.13 by revising paragraph (d) to read as follows: 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. ■ 8. Amend § 232.3 by revising paragraph (c) introductory text as follows: § 221.13 § 232.3 PART 221—REAR END MARKING DEVICE—PASSENGER, COMMUTER AND FREIGHT TRAINS 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. ■ 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. ■ 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 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. 7. Amend § 232.1 by revising paragraphs (b) and (c) and removing paragraph (d). The revisions read as follows: ■ § 232.1 jbell on DSKJLSW7X2PROD with PROPOSALS2 * * * * (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 § 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 VerDate Sep<11>2014 17:43 Jan 14, 2020 Jkt 250001 * * * * (c) Except as provided in § 232.1(c) and paragraph (b) of this section, this part does not apply to: * * * * * ■ 9. Amend § 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: § 232.103 General requirements for all train brake systems. 11. Amend § 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: publications@aar.com, 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 fedreg.legal@ nara.gov, or go to: www.archives.gov/ federal-register/cfr/ibr-locations.html. * * * * * ■ 12. Amend § 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: ■ § 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. * * * * * ■ 10. Amend § 232.11 by revising paragraph (a) to read as follows: § 232.11 Scope. * Applicability. * 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. * * * * * 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 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 § 232.205 Class I brake test-initial terminal inspection. (a) * * * (3) A location where the train is offair 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 E:\FR\FM\15JAP2.SGM 15JAP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Proposed Rules 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 § 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. * * * * * VerDate Sep<11>2014 17:43 Jan 14, 2020 Jkt 250001 (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. * * * * * ■ 13. Amend § 232.209 by revising paragraph (a) introductory text and paragraph (a)(1) to read as follows: § 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 § 232.5, on the following equipment when added to a train: (1) Each car or solid block of cars, as defined in § 232.5, that has not previously received a Class I brake test or that has been off-air for more than 24 hours; * * * * * ■ 14. Amend § 232.211 by revising paragraphs (a)(3) through (5) to read as follows: § 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 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 2513 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. * * * * * ■ 15. Amend § 232.213 by: ■ a. Revising paragraph (a)(5); ■ b. Revising paragraphs (a)(6)(i) and (ii); and ■ c. Adding paragraph (a)(8). The revisions, removals, and addition read as follows: § 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 § 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 § 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 § 215.11 of this chapter, and all cars containing non- E:\FR\FM\15JAP2.SGM 15JAP2 2514 Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Proposed Rules 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. * * * * * ■ 16. Amend § 232.217 by revising paragraph (c)(1) to read as follows: § 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 § 232.205(c) through (f). * * * * * ■ 17. Amend § 232.219 by adding paragraph (d) to read as follows: § 232.219 service. Double heading and helper * * * * * (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-oftrain 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. ■ 18. Amend § 232.305 by revising paragraphs (a) and (b)(2) and adding paragraph (f) to read as follows: jbell on DSKJLSW7X2PROD with PROPOSALS2 § 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 VerDate Sep<11>2014 17:43 Jan 14, 2020 Jkt 250001 § 232.17; or a modified procedure approved in accordance with the provisions contained in § 232.307. (b) * * * (2) A car is on a shop or repair track, as defined in § 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 12month period; an automated single car air brake test (AAR Standard S–4027 §§ 3.0 and 4.0) within the previous 24month period; or a 4-pressure single car air brake test (AAR Standard S–4027 § 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 fedreg.legal@ nara.gov, 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: publications@aar.com, 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] ■ 19. Amend § 232.403 by: ■ a. Revising paragraph (d)(6); ■ b. Removing paragraph (f)(4)(iii), ■ c, Revising paragraphs (f)(4)(ii), and (g)(2); and ■ d. Adding paragraph (g)(3). The revisions and additions read as follows: § 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) * * * PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 (2) If power is supplied by one or more batteries only, the operating life must be a minimum of 36 hours at 0 °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 °C in the event the air-powered generator stops functioning as intended. ■ 20. Amend § 232.407 by revising paragraph (f)(2) to read as follows: § 232.407 Operations requiring use of twoway 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. Airpowered generator equipped devices must be tested for residual charge at installation before initiating generator operation. * * * * * ■ 21. Amend § 232.409 by revising paragraph (d) and adding paragraph (e) to read as follows: § 232.409 Inspection and testing of end-oftrain 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 weatherresistant 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 § 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. ■ 22. Amend § 232.603 by revising paragraphs (a), (d)(1), and (f) and adding paragraph (g) to read as follows: E:\FR\FM\15JAP2.SGM 15JAP2 Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Proposed Rules jbell on DSKJLSW7X2PROD with PROPOSALS2 § 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 § 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 § 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 fedreg.legal@nara.gov, 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: publications@aar.com, website: https://aarpublications.com. (i) AAR S–4200, ‘‘Electronically Controlled Pneumatic (ECP) CableBased 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 CableBased Distributed Power Systems,’’ Version 2.0 (Revised 2014). VerDate Sep<11>2014 17:43 Jan 14, 2020 Jkt 250001 (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 § 232.307. ■ 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. § 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 § 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 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 2515 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. § 232.702 Drawbars; standard height. Not included in this subpart. Moved to 49 CFR part 231. § 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 § 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. E:\FR\FM\15JAP2.SGM 15JAP2 2516 Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Proposed Rules (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 ....................................................................................................................................................... Other types of driving wheel brakes .................................................................................................................................................. Engine truck brake ............................................................................................................................................................................. Engine trailer truck brake ................................................................................................................................................................... Tender brake (truck mounted and tender bed mounted) ................................................................................................................... Tender brake (body mounted) ............................................................................................................................................................ Locomotives other than steam: Driving wheel brake ............................................................................................................................................................................ Swivel type truck brake with brakes on more than one truck operated by one brake cylinder ........................................................ Swivel type truck brake equipped with one brake cylinder ................................................................................................................ Swivel type truck brake equipped with two or more brake 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 31⁄2 6 8 8 8 9 6 7 8 6 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) jbell on DSKJLSW7X2PROD with PROPOSALS2 Pounds Locomotives: (1) Minimum brake pipe air pressure: Road Service ............................................................................................................................................................................... Switch Service ............................................................................................................................................................................. (2) Minimum differential between brake pipe and main reservoir air pressures, with brake valve in running position .................... (3) Safety valve for straight air brake ................................................................................................................................................. (4) Safety valve for LT, ET, No. 8–EL, No. 14 El, No. 6–DS, No. 6–BL and No. 6–SL equipment ................................................. (5) Safety valve for HSC and No. 24–RL equipment ........................................................................................................................ (6) Reducing valve for independent or straight air brake .................................................................................................................. (7) Self-lapping portion for electro-pneumatic brake (minimum full application pressure) ................................................................ (8) Self-lapping portion for independent air brake (full application pressure) ................................................................................... (9) Reducing valve for air signal ........................................................................................................................................................ (10) Reducing valve for high-speed brake (minimum) ....................................................................................................................... Cars: (11) Reducing valve for high-speed brake ......................................................................................................................................... (12) Safety valve for PS, LN, UC, AML, AMU and AB–1–B air brakes ............................................................................................ (13) Safety valve for HSC air brake ................................................................................................................................................... (14) Governor valve for water raising system .................................................................................................................................... (15) Reducing valve for water raising system .................................................................................................................................... VerDate Sep<11>2014 17:43 Jan 14, 2020 Jkt 250001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\FR\FM\15JAP2.SGM 15JAP2 70 60 15 30–55 30–68 30–75 30–50 50 30–50 40–60 50 58–62 58–62 58–77 60 20–30 Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Proposed Rules § 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. jbell on DSKJLSW7X2PROD with PROPOSALS2 § 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 § 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. VerDate Sep<11>2014 17:43 Jan 14, 2020 Jkt 250001 (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 15pound 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 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 2517 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 electropneumatic 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 E:\FR\FM\15JAP2.SGM 15JAP2 2518 Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Proposed Rules train is to be operated in electropneumatic 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. jbell on DSKJLSW7X2PROD with PROPOSALS2 § 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 electropneumatic 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. VerDate Sep<11>2014 17:43 Jan 14, 2020 Jkt 250001 (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 electropneumatic 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 electropneumatic 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 § 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 § 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 § 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 § 232.712 (c) through (j) are added to a train, such cars may either be given inspection and tests in accordance with § 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 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 § 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 § 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 § 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. § 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 E:\FR\FM\15JAP2.SGM 15JAP2 Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Proposed Rules repairs should be made as soon thereafter as practicable. § 232.715 service. Double heading and helper (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. § 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. jbell on DSKJLSW7X2PROD with PROPOSALS2 § 232.717 brakes. Freight and passenger train car (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 by§ 232.305. VerDate Sep<11>2014 17:43 Jan 14, 2020 Jkt 250001 (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 § 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 § 232.305 or by the American Public Transportation Association (APTA) standard referenced in § 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 § 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 PO 00000 Frm 00027 Fmt 4701 Sfmt 9990 2519 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 § 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 fedreg.legal@ nara.gov, 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: publications@aar.com, 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] § 232.719 End-of-train devices. Requirements are contained in Subpart E of this rule. ■ 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 E:\FR\FM\15JAP2.SGM 15JAP2

Agencies

[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

-----------------------------------------------------------------------

Federal Railroad Administration

-----------------------------------------------------------------------

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]]

-----------------------------------------------------------------------

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).

-----------------------------------------------------------------------

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, https://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 https://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 https://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.
---------------------------------------------------------------------------

\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.
---------------------------------------------------------------------------

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

[[Page 2495]]

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]
----------------------------------------------------------------------------------------------------------------
Section Present value 7% Present value 3% Annualized 7% Annualized 3%
----------------------------------------------------------------------------------------------------------------
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
-----------------------------------------------------------------------
Total............................... 502.2 593.7 71.5 69.6
----------------------------------------------------------------------------------------------------------------

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

[[Page 2496]]

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

[[Page 2497]]

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
----------------------------------------------------------------------------------------------------------------
Year or Section affected
Identification No. Title edition in 49 CFR
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

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.

[[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

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.