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DEPARTMENT OF TRANSPORTATION Seventh Street, SW, Washington, DC, the Act to file copies of its rules and 20590, (telephone 202–493–6063); or instructions for the inspection of Federal Railroad Administration John Megary, Regional Administrator, locomotive boilers. A review of the 170 Federal Railroad Administration, 8701 rules and instructions submitted (out of 49 CFR Parts 209 and 230 Bedford-Euless Road, Suite 425, Hurst, approximately 2,200 railroads in the [Docket No. RSSL±98±1, Notice No. 3] TX 76053, (telephone 817–284–8142). country at that time) disclosed that SUPPLEMENTARY INFORMATION: these rules were either substantially Inspection and Maintenance Standards similar, or identical, to those I. Historical Background for Steam Locomotives promulgated by the Master Mechanics’ The Locomotive Boiler Inspection Act Association. These rules, in AGENCY: Federal Railroad was passed by a Congress concerned combination with the 1915 amendments Administration (FRA), Department of over the ever-increasing rate of serious to the LBIA, formed the basis for the Transportation (DOT). injury and death on the nation’s Interstate Commerce Commission (ICC) ACTION: Final rule. railroads in the early 1900s. In his rules on inspection and maintenance of annual message to Congress in 1910, steam locomotives and tenders: rules, SUMMARY: FRA is issuing new Steam President Taft noted the need for that with some modification, continue Locomotive Inspection and regulation of the steam locomotive in effect to this day. When the FRA Maintenance Standards in order to industry: came into existence in 1967 as part of update and enhance its steam The protection of railroad employees from the newly formed DOT, it adopted all locomotive regulatory program. In personal injury is a subject of the highest ICC rules, interpretations, and recognition of the reduced frequency of importance and demands continuing instructions pertaining to railroads that use of steam locomotives in today’s attention * * *. It seems to me that with were in effect at that time. These rules transportation system, the revised respect to boilers a bill might well be drawn were published in the Federal Register standards—which incorporate requiring and enforcing by penalty a proper and incorporated into the Code of consensus recommendations of the system of inspection. Federal Regulations in December of Railroad Safety Advisory Committee’s Congressional Record, December 6, 1968. Since then, the rules have been Tourist and Historic Working Group— 1910, p. 33. At that time, the only rule updated and amended periodically. relax certain inspection requirements or regulation governing the inspection Although the steam locomotive and tighten others. Significant changes and maintenance of steam locomotives regulations were removed from the CFR include: the creation of a ‘‘service-day’’ was the Ash Pan Act, 45 U.S.C. S. 17 in 1980, FRA has continued to enforce inspection system that directly relates (1908), repealed Pub. L. 97–468 (1983), them. For purposes of clarity, whenever inspection time periods to the actual use which prescribed the method for those removed standards are referenced of the steam locomotive; the attaching ash pans to steam locomotive in this rule, they will be referred to as elimination, with certain exceptions, of boilers. Acting in response to President ‘‘the 1978 standards’’ since there is no waivers for steam boilers, steam Taft’s speech, Congress passed the current CFR citation for them. locomotives and their appurtenances; Locomotive Boiler Inspection Act At present, there are approximately the inclusion of allowances which (LBIA) on February 17, 1911. The LBIA, 150 steam locomotives in operation in encourage the use of new technologies, enactment of which was initially the United States. Most of them are used such as non-destructive testing, for opposed by locomotive owners and in tourist or historic service on an boiler testing and inspections; and the operators, brought all steam locomotive intermittent, seasonal basis. Several imposition of qualification requirements boilers under Federal jurisdiction and years ago, the Engineering Standards for individuals making certain repairs to established the Bureau of Locomotive Committee (ESC), a task group of the steam locomotives, steam locomotive Inspections. NBBPVI comprised of steam locomotive boilers, and steam locomotive The LBIA, which became effective on operators, petitioned the FRA to change appurtenances. Certain of the 1978 July 1, 1911, was limited in scope to the then current rules on inspection and inspection standards remain steam locomotive boilers. Despite its maintenance of steam locomotives to substantively intact but are being restricted coverage, the LBIA had an more realistically reflect the current use relocated to new sections and given new immediate, positive impact on safety and conditions of service for today’s section numbers. Due to the magnitude with the number of incidents caused by steam locomotives. The agency agreed of the changes made, these newly issued the failure of the boiler or any of its to work with the ESC to consider standards replace the 1978 standards in appurtenances declining sharply after revisions to these standards. After FRA their entirety. its passage. However, the number of established the Railroad Safety Advisory incidents involving failures of DATES: This regulation is effective Committee (RSAC) in 1996, the subject locomotive parts other than boilers and January 18, 2000. of steam locomotive inspection and related appurtenances continued to maintenance was identified as one fit ADDRESSES: Any petition for increase, and railroad labor soon for collaborative rulemaking. reconsideration should reference FRA appealed to Congress to expand the Accordingly, the agency tasked the Docket No. RSSL–98–1, and be LBIA to cover the entire steam RSAC with the formal revision of steam submitted in triplicate to the Docket locomotive and tender and all its parts locomotive inspection standards on July Clerk, Office of Chief Counsel, Federal and appurtenances. Although the 24, 1996. It was also decided that the Railroad Administration, 400 Seventh railroad owners and operators were ESC, and the FRA representatives Street, SW, Mail Stop 10, Washington, strongly opposed to this expansion in working with it, would become a task DC 20590. the Act’s coverage, a bill amending the force assigned to the RSAC’s Tourist FOR FURTHER INFORMATION CONTACT: LBIA to incorporate the requested and Historic Working Group. George Scerbo, Motive Power & changes was passed by Congress and Equipment Specialist, Federal Railroad signed into law by President Woodrow II. The Railroad Safety Advisory Administration, (telephone 202–493– Wilson on March 4, 1915. Committee 6249); Paul F. Byrnes, Trial Attorney, When the LBIA became effective in The RSAC’s mandate is to provide Office of Chief Counsel, FRA, 400 1911, it required each railroad subject to recommendations and advice to the

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Administrator of the FRA on the NBBPVI from all interested parties and provided development of FRA’s railroad safety ABB/Combustion Engineering notice of its intention to conduct a regulatory programs, including the Smithsonian Institution public hearing on the proposed issuance of new regulations, the review FRA. rulemaking only if so requested. A total and revision of existing regulations, and The task force met approximately of 20 commenters responded to the the identification of non-regulatory seven times over an eighteen month NPRM, including: The AAR; alternatives for improvement of railroad period to develop recommendations for Association of Railway Museums, Inc.; safety. The RSAC is presently a proposed rule. During these meetings, John C. Boykin; Grand Canyon Railway; comprised of 48 representatives from 27 the task force considered a previous ESC Locomotive and Tower Preservation member organizations, including proposal to revise part 230, which had Fund, LTD; Michigan State Trust Fund railroads, labor groups, equipment been presented to FRA in the early for Railway Preservation, Inc.; manufacturers, state government groups, 1990’s. The issues in this proposal Minnesota Transportation Museum, public associations, and three associate engendered much discussion and debate Inc.; NBBPVI; North Star Rail; Ohio non-voting representatives from the within the task force. Brief summaries of Central Railroad System; San Diego National Transportation Safety Board those discussions are recorded in the Railroad Museum; St. Louis Steam Train (NTSB), Canada, and Mexico. The appropriate parts of the section-by- Association; Tennessee Valley Railroad; Administrator’s representative (the section analysis portion of this UP; United States Department of the Associate Administrator for Safety or document. The technical details Interior; and Wisconsin Railway that person’s delegate) is the supporting certain of the Preservation Trust. Although FRA had Chairperson of the Committee. recommendations that were discussed originally believed that a public hearing III. Steam Task Force of the Tourist and by the task force may be found in the would be unnecessary, a number of Historic Working Group public docket of this rulemaking. Those interested parties requested the issues designated by FRA as ‘‘major opportunity to present their views at During the July 24, 1996 meeting of issues’’ are more fully discussed below. such a forum, and a public hearing was the RSAC, FRA tasked it with During an early meeting, the task held in Corpus Christi, Texas on recommending revisions to the force identified a number of objectives February 4, 1999. Seven organizations regulations governing locomotive in revising part 230: presented testimony at the public inspection standards for steam-powered (1) Harmonizing FRA and National hearing. Those testifying included: locomotives (49 CFR part 230). The Boiler Inspection Code terminology and Austin and Texas Central Railroad; stated purpose of this task was to standards; Diversified Rail Services; Grand Canyon promote the safe operation of tourist (2) Modernizing the rules to reflect Railway; Ohio Central Railway System; and historic rail operations, including current operating realities; Tennessee Valley Railroad; TRAIN; and ‘‘such additions and deletions [to the (3) Eliminating any incentives, UP. regulations] as may be warranted by financial or otherwise, for operators not appropriate data and analysis.’’ In its to follow the rules; Because of the number of substantive Task Statement (Task No. 96–5) to (4) Encouraging the use of new comments received during the notice RSAC, the agency instructed it to refer technologies; and and comment period and at the public this task to the pre-existing Tourist and (5) Producing a more clearly written hearing, the task force suggested and Historic Railroads working group and understandable rule that is more FRA agreed to meet to address the (‘‘THWG’’ or ‘‘The Group’’). The THWG enforceable. issues raised and to consider changes to is comprised of the following These goals are reflected throughout the proposal for inclusion in the final organizations: this document and are embodied in the rule. The meeting was held in Columbus, Ohio on March 11–12, 1999. Association of American Private Railcar changes and additions made to part 230. On September 19, 1997, the THWG Among the issues addressed at this Owners meeting were: Implementation of the American Short Line Railroad informed FRA of the group members’ rule; Preemption of state oversight of Association unanimous agreement that the task Association of American Railroads force’s proposed recommended rule text steam locomotive operations; Waivers of (AAR) revisions to part 230 should be requirements; Responsibility for Association of Railway Museums forwarded to the RSAC. On January 16, compliance; Definitions of terms used; Brotherhood of Locomotive Engineers 1998, the task force and the THWG Movement of non-complying FRA reached consensus that the proposed locomotives; Thirty-one (31) service day Tourist Railway Association Inc. preamble should be included in the inspection requirements; Ninety-two (TRAIN) package presented to RSAC at the (92) service day inspection The THWG voted during its April January 27, 1998 meeting. Following the requirements; Annual Inspection 1996 meeting to officially endorse the presentation, the RSAC formulated a requirements; One thousand four ESC (which had been examining the consensus recommendation for a hundred and seventy-two (1472) service issues of steam locomotive inspection proposed rulemaking which was day inspection requirements; Alteration and maintenance standards outside of forwarded to the Administrator of FRA. and repair reports for steam locomotive the RSAC arena) and have it serve as a boilers; Responsibility for general IV. The Proposed Rule task force reporting to the Group. The construction and safe working pressure; Steam Standards Task Force (task force) Pursuant to section 553 of the Maximum allowable stress on stays and is comprised of representatives from the Administrative Procedure Act, FRA braces; Tensile strength of shell plates; organizations listed below: published a Notice of Proposed Maximum shearing strength of rivets; Valley Railroad Company Rulemaking (NPRM) in the Federal Higher shearing strength of rivets; Times Durango & Silverton Narrow Gauge Register on September 25, 1998, and methods of inspection; Welded Union Pacific Railroad (UP) detailing the agency’s intent to issue repairs and alterations; Hydrostatic Strasburg Railroad new regulations for steam locomotive testing of boilers; Broken staybolts; Hartford Steam Boiler Inspection & inspection and maintenance. In the Times and methods of staybolt testing; Insurance Company NPRM, FRA solicited written comments The number and location of water

VerDate 29-OCT-99 19:33 Nov 16, 1999 Jkt 190000 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\17NOR2.XXX pfrm11 PsN: 17NOR2 62830 Federal Register / Vol. 64, No. 221 / Wednesday, November 17, 1999 / Rules and Regulations glasses and gauge cocks; When to VI. Major Issues task force, uses the term ‘‘railroad’’ to denote where the rule applies. As require boiler washing; Inspection, A. Responsibility for Compliance repair and/or replacement of arch tubes, explained in the section-by-section water bar tubes, circulators, and thermic In the NPRM, FRA struck the term analysis of the applicability section, siphons; Steam locomotive speed ‘‘railroad company’’ throughout the FRA is making this change to harmonize indicators; Testing main reservoirs; body of the rule and replaced it with the all of its applicability sections. Since term ‘‘locomotive owner and/or Time of cleaning; Stenciling dates of this section is intended to explain operator.’’ FRA has retained this term in testing and cleaning; Fire doors and where the rule applies, it does not affect the final rule, consistent with the task the primary compliance responsibility, mechanical stokers; Required force’s recommendations, to reflect the illumination; Throttles; The draw gear which remains with the owner and changes in steam locomotive operating operator. Therefore, FRA believes that between the steam locomotive and practices. Very few railroad companies this change does not substantially tender; Main, side, and valve motion own and/or operate steam locomotives change the task force’s proposal to the rods; The steam locomotive frame; today. While some tourist railroads own agency. Tender trucks; Feed water tanks; and and operate their own locomotives, Inspection requirements. most frequently steam locomotives are B. Inspection Scheme The discussion that follows examines owned and/or operated by entities other In issuing this rule, FRA has revised in detail comments received, the task than the railroad on whose line they the inspection scheme for steam force’s consideration of and response to operate. These entities range all the way locomotive boilers to reflect the changed those comments, and those changes (if from wealthy private enthusiasts to state nature of modern steam locomotive any) FRA is making in the final rule as historical agencies. Sometimes the operations. The 1978 standards required owner of the equipment actually runs steam locomotive boilers to be inspected a result of the comments received. This (operates) the steam railroad operation; at various time periods that were linked discussion is organized by the relevant in other cases, an individual or to an annual calendar, regardless of the section of the rule. individuals are hired (or volunteer) to amount of actual usage the locomotive In order to make the final rule clearer do so. This means that in many—if not has incurred. When locomotives were in (and therefore easier to comply with) most—instances, the locomotive owner continuous service, this system was not FRA explains here the rationale and the and/or operator is in a much better unduly burdensome. Operation of steam deliberative thought processes of the position than the railroad company to locomotives today, however, occurs task force in reaching its conclusions. ensure compliance with various much more infrequently, sometimes Unless otherwise noted, the agency regulatory requirements. In recognition only a few times a year, greatly reducing agrees with the reasoning and of this reality, the task force the need for frequent inspections rigidly explanations advanced by the task force recommended that the agency more tied to the passage of calendar days. for the revisions and amendments the specifically affix responsibility for Under the new inspection scheme, task force recommended be made to the compliance on those who are primarily required locomotive inspections are 1978 standards. The task force’s responsible for the operation of the based on the number of ‘‘service days’’ deliberations were thorough and steam locomotive and tender. In most a steam locomotive accrues, with cases, that party will be the locomotive various intermediate calendar deliberative in nature, though frequently owner and/or operator. The task force inspection requirements retained to marked by spirited debate. Throughout members debated how to best express ensure an adequate level of safety. this document, FRA has tried to the liability standard—whether to use 1. Service Days recapture as much of that debate as is ‘‘owner and operator,’’ ‘‘owner/ relevant and practical. operator,’’ or ‘‘owner or operator.’’ They This new inspection scheme is underpinned by the concept of a V. Reorganization of Part 230 settled on the ‘‘owner and/or operator’’ construct as the clearest method for ‘‘service day’’—defined as ‘‘any day the The 1978 standards were divided into affixing joint and severable liability for locomotive has steam pressure above two main parts—one for the steam the inspection and maintenance of atmospheric pressure and a fire in the locomotive boiler and its steam locomotives on the owner and firebox.’’ Because good operating appurtenances, and the other for the operator. In certain sections of the rule, practice requires that a steam steam locomotive and tender. As part of however, the owner and the operator are locomotive boiler be slowly heated the revisions to part 230, the agency has individually identified as the before use and slowly cooled after use to avoid the damage rapid heating and restructured the rule so that it contain appropriate party on whom liability cooling can inflict on the boiler, a a ‘‘general’’ part, Subpart A, which would rest. In addition, as provided by statute, locomotive that runs on weekends may includes those provisions that are this rule makes clear that a railroad may accrue as many as three service days for applicable to the entirety of part 230; a also be held liable for permitting any each day of actual ‘‘use.’’ For example, boiler part, Subpart B, applicable to the entity to use a noncomplying a steam locomotive could have fire in boiler and its appurtenances; and a locomotive on its line (see section-by- the firebox and pressure above locomotive part, Subpart C, applicable section discussion of § 230.4, below). atmospheric pressure for an entire day to the steam locomotive and tender. The adoption of the owner and/or before it actually runs, for the entire day Some of the concepts found in Subpart operator language is a clear signal that that it runs, and while it cools down A of this rule were formerly contained FRA intends to look first to the owner after it runs. Under this scenario, the in Subparts A and B of the 1978 and/or operator to ensure compliance, locomotive would accrue three service standards. These revisions are designed regardless of whether that happens to be days although only in actual ‘‘use’’ for to reduce and eliminate identified the railroad on which the steam one day. Some operators were redundancies in the 1978 standards, locomotive is operating. It is important concerned that adopting this service day thereby making the rule easier to read to note that the applicability section, concept could create an incentive for and comprehend. § 230.2, which the agency modified operators to ‘‘dump’’ their fires at the from that originally submitted by the end of a day operating the steam

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The task force was each 2 years under the 1978 standards kept up-to-date and accurate, this of the opinion, however, that the to during each 5th annual inspection. change in language may be perceived by financial cost (in terms of stress and some as imposing new recordkeeping 5. 1472 Service Day Inspection damage to the locomotive boilers from requirements. such behavior) to operators who did so Finally, the 1978 standards required FRA has also determined that safety dump their fires would likely outweigh that a steam locomotive boiler be concerns dictate that there be a any inspection time period benefits they inspected, at a minimum, once each 5 competency requirement for the person might gain from such dumping. The task calendar years (boiler interior to be or persons conducting a 1472 service force also expressed the belief that, with inspected after 48 calendar months, day inspection and for the person or proper damping and draft restriction, within 5 consecutive years; and the persons surveying the boiler for the fire can be removed from the firebox boiler exterior to be inspected every 5 purpose of recalculating a FRA Form (and a service day preserved) with no years, or, if the locomotive is out of No. 4. Accordingly, this rule specifically adverse affects for the boiler, and that service for at least one full month provides that only competent this practice can, in fact, be easier on during that time, after 60 calendar individuals may perform 1472 service the boiler than banking the fire. months within 6 consecutive years). day inspections and/or surveys of This inspection was a major one, locomotive boilers in order to evaluate 2. Daily Inspection requiring the removal of the jacket and the accuracy of information on the The new ‘‘daily inspection’’ section lagging to conduct the exterior locomotives’ current FRA Form No. 4s. sets forth the daily inspection inspection, and the removal of all flues requirements for steam locomotive in the locomotive boiler to conduct a 6. FRA Inspection Oversight owners and/or operators. The only daily ‘‘minute’’ inspection of the interior of Concerned that an adequate level of inspection requirement in the 1978 the boiler. FRA is amending this safety be maintained in light of the standards was that the steam locomotive provision by requiring that these extended inspection intervals allowed and tender be inspected ‘‘after each trip, inspections be conducted when the under this rule, the task force or day’s work.’’ The new section retains locomotive has accrued 1472 service recommended that FRA increase the the general daily inspection requirement days or when a period not to exceed 15 amount of oversight it exercises over for each day that a steam locomotive is years has elapsed since the last 1472 steam locomotive inspections. FRA ‘‘offered for use,’’ but adds a number of service day inspection was performed. shares the task force’s concerns and is, additional specific ‘‘pre-departure’’ These revisions are being made in order therefore, requiring that the agency be inspection requirements that must be to take into account the amount of afforded the opportunity to be present complied with at the beginning of each actual usage a steam locomotive during certain periodic steam day the locomotive is used. This ‘‘pre- receives. The 15 year maximum, beyond locomotive inspections. In the case of departure’’ inspection regime which time a 1472 service day the 31 service day inspection, FRA will emphasizes the need to examine certain inspection must be conducted, is based be responsible for communicating to the safety critical items such as the water on the task force’s recommendations. steam locomotive owner and/or operator glasses and gauge cocks, the boiler FRA is requiring the completion, that the agency wants to be notified feedwater delivery systems, the air verification and updating of the prior to the inspection and given an compressors and governors, and the air locomotive’s FRA Form No. 4, the opportunity to attend. Upon brake system on a daily basis. ‘‘specification card’’ required by notification, the steam locomotive § 230.54 of the 1978 standards, as part owner and/or operator must provide 3. 31 and 92 Service Day Inspections of the 1472 service day inspection. The FRA with the anticipated date and This rule also establishes 31 and 92 updated FRA Form No. 4 must be filed location for the inspection. Once that service day inspection requirements. within 1 month after the completion of information is conveyed to the agency, These are roughly comparable to the the 1472 service day inspection. The any subsequent change in the inspection monthly and trimonthly inspections in agency is making clear that the schedule must be mutually agreed upon. the 1978 standards. verification and updating of this form as FRA believes this approach balances necessary to reflect the current competing interests and comports with 4. Annual Inspections condition of the boiler is required as the task force recommendations. In In addition, this rule establishes part of every 1472 service day formulating their recommendation, the annual inspection requirements similar inspection. This recordkeeping task force members sought to provide to the 1978 standards: requiring that a requirement is not actually new, it steam locomotive owners and/or steam locomotive be inspected after 368 merely clarifies and makes express what operators with the flexibility to conduct calendar days have elapsed since the the 1978 standards required. Although their business without unreasonable time of the prior annual inspection. The the 1978 standards did not expressly interference by FRA scheduling 1978 standards required that certain require periodic surveying to verify the demands while also insuring that the items be inspected at least ‘‘once every accuracy of the current form or the owners and/or operators would act in 12 months.’’ The revised annual updating of any changes thereto, the good faith and take all reasonable inspection, as do all the other periodic need to do so was implicit in the measures to accommodate FRA requests inspections, incorporates the inspection requirement of a signed testimonial that to be present at periodic locomotive requirements of those inspections all information provided on the form inspections. required to be conducted more was true and accurate. In addition , the In the case of the annual inspection, frequently. Thus, locomotives that are 1978 standards actually required that the steam locomotive owner and/or not operated often enough to accrue the FRA Form No. 4 be updated to operator is required to provide FRA either 31 or 92 service days in a 368 day reflect boiler repairs or changes that with one month’s prior notice that the period will have those inspections might affect the FRA Form No. 4 data. annual inspection is to be conducted. conducted, at a minimum, once every However, because some locomotive The agency then has the option of 368 calendar days. In addition, this rule owners and/or operators may not notifying the owner and/or operator of extends the inspection time period for understand that the 1978 standards its desire to be present for the

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While the 1978 is scheduled, any changes to that part will generally no longer be standards did not prohibit welding on schedule have to be mutually agreed necessary given the flexibility being unstayed portions of the boiler, it was upon. afforded by the proposed new widely understood that such welding This notification scheme is designed inspection scheme, when an owner and/ was not allowed. Therefore, expressly to allow the agency the opportunity to or operator believes such a waiver is allowing welding on unstayed portions observe the steam locomotive owner necessary, such requests are best of the boiler is a fairly radical change and/or operator performing the various addressed by the centralized waiver from the existing standards. Under required inspections and to allow the process provided for in part 211. § 230.33 of this final rule, ‘‘Welded FRA field personnel directly responsible Repairs and Alterations,’’ FRA is for inspecting steam locomotive D. Standard for Repairs requiring prior approval for any welding operations to work cooperatively with The agency is establishing standards done on unstayed portions of high the regulated community. Being able to for making certain repairs to the steam carbon boilers (greater than 0.25 percent observe the inspections firsthand also locomotive and boiler. The task force carbon). FRA believes prior approval is provides FRA with more accurate and was concerned about controlling the necessary since the risk of welding on up-to-date information on the condition quality of the repairs made to steam the boiler is much higher for boilers of the steam locomotive fleet operating locomotives and boilers and decided to with a high carbon content. Welds on today. impose, as a minimum, the requirement unstayed portions of lower carbon that repairs be made in accordance with boilers (less than 0.25 percent carbon) C. Elimination of the Special Waiver an ‘‘accepted industry standard.’’ The are not so restricted. For both low and Process task force considered simply requiring high carbon boilers, however, FRA is As part of this rule, FRA has that repairs be made in accordance with imposing a repair standard that allows eliminated all the special waivers that the National Board Inspection Code the locomotive owner and/or operator a were available under part 230. The 1978 (NBIC ) published by the NBBPVI or in measure of flexibility while standards contained a section that conformance with the standards simultaneously insuring an adequate allowed for the ‘‘modification of rules’’ established by the American Petroleum minimum level of safety. Accordingly, for ‘‘roads operating less than 5 Institute (API). However, the task force the agency is requiring that any welded locomotives’’ upon a showing that finally decided to recommend that the repairs to unstayed portions of the conditions warrant it. This language, agency allow steam locomotive owners boiler be performed in ‘‘accordance with which predated the agency’s formal and operators to perform repairs in an accepted national standard for boiler waiver process (codified at 49 CFR accordance with established railroad repairs.’’ This modifies the general 211.41), was originally intended to practices that have been successfully repair standard discussed above to more apply only to the subpart addressing the utilized over time, thereby affording narrowly apply to boiler repairs. steam locomotive and tender. In industry members a measure of By referencing an accepted national addition, the flue removal section in the flexibility. This proposal reflects that standard for boiler repairs, the task force 1978 standards provided for the decision. While there was some concern and the agency sought to impose a granting of extensions of the time period about whether the term ‘‘accepted’’ was measure of quality control that would for removing flues and for conducting too vague, the task force felt that the provide assurance that all welding is the comprehensive boiler inspection, industry members would know what performed properly. Because there are upon formal application to the ICC’s was required to ensure that repairs are several national organizations that Director of Railroad Safety. One properly made. Due to the small size prescribe such procedures, the operator consequence of this waiver process, and cohesiveness of the steam will be allowed to follow any one of a which was administered locally by the locomotive community, the task force number of recognized methods. ‘‘In agency’s eight regions, was that felt that imposing an ‘‘accepted industry accordance with an accepted national locomotive owners and/or operators standard’’ on repairs made, and standard for boiler repairs,’’ therefore, were able to delay the conduct of the allowing that standard to include means that all the physical, mechanical, boiler inspection by varying amounts of ‘‘established railroad practices, or NBIC and documentation requirements time based, in part, on the regional or API established standards’’ would delineated in a particular standard such procedures for addressing these result in an acceptable level of quality as the NBIC have been satisfied. The requests. These waivers will now expire in the repairs made. Section 230.29 of task force considered recommending unless submitted to FRA for the final rule reflects the task force’s that FRA simply adopt the NBIC reevaluation prior to the effective date recommendations. Finally, as used in standard but decided that the financial of this rule. By eliminating the waiver this proposal, ‘‘established railroad burden imposed on owners and/or provision in part 230, the agency has practices’’ means those practices used operators would be too great. The NBIC accomplished several things: (1) by one or more railroads over a period program requires reporting of the final Provided notice to the regulated of time that can be reasonably shown to repair and third-party oversight community that the agency’s part 211 have been successful in service, or that throughout the repair, which can be waiver process is the appropriate most industry members would agree is very costly. Accordingly, the task force vehicle for gaining relief from the an appropriate standard to use for a decided to simply reference the requirements of this part; (2) gained given repair. In practice, the locomotive standard to which the repair should be assurance that FRA will have owner and/or operator will be done, without imposing the reporting or knowledge of and the ability to responsible for proving that the third-party inspection requirements of coordinate on a uniform, nationwide standard is established within the the standard. FRA agrees with and has basis the consideration and granting of railroad community and that it is adopted the task force’s position.

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The task force was also very operating circumstances and for consider and respond to any such concerned about follow-up radiography encouraging the use of non-destructive petitions. for the welds conducted, and at one technologies to satisfy various VII. NTSB Recommendations point considered recommending that all inspection requirements. Accordingly, welds on unstayed portions of the boiler in many sections of this rule, FRA is Following their investigation of the be radiographed. The task force also encouraging the use of advanced 1995 steam boiler explosion on the considered incorporating an American technologies by granting additional Gettysburg Passenger Services railroad, Society of Mechanical Engineers regulatory flexibility where such the NTSB issued the following (ASME) radiography standard (which technologies are utilized. In some cases, recommendations to the agency: includes procedures for conducting however, the task force recommended, (1) Require that each operating steam radiography of welds), but eventually and the proposal incorporates, locomotive have either a water column decided that so doing would make this mandatory non-destructive examination or a water glass in addition to the water part too complicated. The task force felt (NDE) testing for safety reasons. The glass and three gage cocks that are that doing so was unnecessary because main sections so affected are: (1) The already required. (R–96–53). all ‘‘accepted national standards’’ flue removal section, 230.31; (2) the (2) Require steam locomotive include radiography where necessary. Arch tube, water bar tube and circulator operators to have a documented water- Accordingly, the final rule mandates section, 230.61; (3) the dry pipe section, treatment program. (R–96–54). (3) Describe basic responsibilities and only that any radiography required 230.62; (4) the main reservoir testing procedures for functions required by under the accepted national standard section, 230.72; and (5) the draw gear regulation, such as blowing down the chosen for the welded repair at issue be and draft system section, 230.92. so performed. water glass and washing the boiler. (R– The task force discussed the potential F. Imposition of Qualification 96–55). for abuse of the ‘‘accepted national Requirements for Repair (4) In cooperation with the TRAIN, standard for boiler repairs’’ standard but promote awareness of and compliance By referencing national standards, with the Hours of Service Act. (R–96– felt that the risk of such abuse was low. this rule addresses, for the first time, the This belief is based upon the clear 56). issue of qualification requirements for (5) In cooperation with the NBBPVI requirement in this section that individuals making repairs to steam locomotive owners and/or operators be and the TRAIN, explore feasibility of locomotives. The NTSB and the task requiring a progressive crown stay able to establish through documentation force both felt strongly that the rule compliance with such a national feature in steam locomotives. (R–96–57). should establish minimum competency standard, i.e., point to the procedures (6) In cooperation with the NBBPVI requirements for individuals making they followed in performing a particular and the TRAIN develop certification certain safety critical repairs. Thus, weld. The locomotive owner and/or criteria and require that steam- wherever the relevant national operator will bear the burden of proving locomotive operators and maintenance standards include qualification to FRA that they correctly followed a personnel be periodically certified to requirements, steam locomotive owners particular, relevant national standard. operate and/or maintain a steam and/or operators making such repairs Accordingly, this section simply locomotive. (R–96–58). will have to comply with these requires that the locomotive owner and/ (7) In cooperation with the NBBPVI requirements. The task force considered or operator adhere to whatever the and the TRAIN, update 49 CFR part 230 particular national standard followed imposing more explicit qualification to take advantage of accepted practical dictates—from pre-weld treatments and requirements than those imputed from modern boiler-inspection techniques welder qualifications through post-weld these national standards but concluded and technologies, to minimize inspection requirements. The that doing so was not necessary at this interpretation based on empirical locomotive owner and/or operator will time. FRA agrees with the task force’s experience, and to maximize the use of be required to make a showing that they position, and, therefore, is not objective standards. (R–96–59). satisfied the accepted national standard mandating more explicit qualification This rule reflects the careful upon request by an FRA inspector. requirements. consideration of these recommendations, both by FRA and the G. Implementation Schedule E. Allowances Encouraging the Use of task force who, through the full RSAC, New Technologies This rule provides for a gradual advised the Administrator regarding The task force felt strongly that the phase-in of part 230 in order to provide revisions to this part. That advisory 1978 standards, which had not been locomotive owners and operators the committee task force was comprised of substantively revised in over 20 years, flexibility necessary to bring their steam locomotive experts, steam did not adequately address the new operations into compliance (see section railroad operators, steam boiler technologies which have developed 230.3 for a full discussion of the insurance companies, the National during that time. Accordingly, the task implementation schedule). Some Boiler Inspection Code Committee, force believed this rule should address requirements must be complied with no representatives from the Volpe National recent innovations in inspection and later than one year after the effective Transportation Systems Center (Volpe maintenance methodology and date for the final rule. In addition, FRA Center) and several representatives from technology. The task force was also is allowing locomotive owners and/or FRA. Representatives of NTSB were concerned that compliance with the operators two years after the effective offered a seat at the table but declined. 1978 standards may have resulted in date for the final rule in which to FRA requested that the task force excessive wear of steam locomotives, request flue removal extensions. Finally, address the NTSB’s recommendations locomotive boilers, and locomotive locomotive owners and/or operators that and suggest appropriate responses. In appurtenances. In addition, the task qualify to file a Petition for Special response to FRA’s request, the advisory force felt that the changed nature of Consideration will be required to do so committee task force recommended, and steam locomotive operations today within one year of the effective date of FRA has adopted, the following steps: provided additional justification for the final rule, and the agency will have R–96–53 Water Glasses—Based on task updating the rule to reflect modern one year from the date of filing to force support for this

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recommendation and FRA of this rule, FRA does wish to state responses to NTSB’s concurrence, section 230.51 of this that it will work with TRAIN to recommendations and believes that rule establishes a minimum increase awareness of Hours of the proposed revisions to the steam requirement of two sight glasses or a Service Act requirements, and to locomotive regulations will address sight glass and a water column on promote compliance with the Act. most of those recommendations. The each operating steam locomotive. R–96–57 Progressive Crown Stays— agency invited NTSB staff to R–96–54 Water Treatment—Industry The industry representatives participate in the task force members of the task force did not indicated their willingness to explore deliberations, but they were unable to express support for NTSB’s proposed the feasibility of progressive crown- do so. FRA believes that a full water treatment requirement because stays, but because of time constraints technical exchange of views would they felt that the current regulatory were not able to address this issue in have been helpful to resolving the focus on boiler washing was adequate the part 230 revisions. FRA has remaining recommendations. to address the condition of the boiler requested that the NTSB make staff NTSB’s recommendation R–96–54 interior, and to prevent the build up assistance available to the task force would require operators to maintain a of sediment and mineral deposits. The to outline the steps necessary to documented water treatment program. task force also felt that water conduct this evaluation. The task force simply disagreed that R–96–58 Certification Program—The treatment programs could be unduly such a program was necessary. They felt industry representatives expressed burdensome, especially for steam that the boiler washes were the real support for this recommendation and locomotives with a single water issue, not the chemical remediation of source that requires constant testing are investigating the feasibility of the owner or operator’s water source. due to water quality variations, or developing certification criteria for The NTSB, in its response, concurred where locomotives travel long several classes of employees or with the task force that the wash is distances and draw water from volunteers affected. Some members, ‘‘probably more directly effective in numerous sources. Finally, the however, expressed concern about the controlling boiler sediment and mineral industry members felt that the issue of cost involved in assessing job and task deposits.’’ However, the NTSB added, water treatment should be addressed requirements. FRA’s preference is a ‘‘a documented water treatment program in a performance standard, but they voluntary certification program. does not have to be expensive, rigid or indicated that it would be impossible While the current standards for burdensome.’’ While FRA lacks the data to write a uniform performance Qualification and Certification of standard. FRA agrees that the Locomotive Engineers contain to evaluate the cost-effectiveness of any fundamental issue is the interior training requirements that may serve such program, it doesn’t feel such an condition of the boiler and that the as a framework for better defining the inquiry is necessary since all parties task force recommendations and FRA competencies of steam locomotive agree that a boiler wash is the most inspection practices adequately operators, at present, those ‘‘directly effective’’ method of address the condition of the boiler regulations only apply to railroads preventing boiler sediment and mineral interior. that operate locomotives on standard deposits. Based on discussions in the R–96–55 Delineation of gage track that is part of the general task force and field experience Responsibilities—The task force system of rail transportation. concerning steam boiler maintenance, it expressed support for this Administering a technically elaborate is the agency’s judgement that safety recommendation, and this rule clearly certification program that would would not have been enhanced by describes basic responsibilities and ultimately affect the operation of less incorporating this additional procedures. In addition, the Volpe than 175 locomotives does not appear requirement into the rule. Operators are Center has produced a training video to be a wise use of scarce federal always free to voluntarily conduct their for steam-locomotive operators for resources. FRA encourages the Tourist own water treatment programs (and FRA. The video covers procedures & Historic Working Group to carry many do). Given the effectiveness of the required during daily inspections and forward this discussion, with the boiler wash, it does not appear to be pre-trip inspections in order to ensure objectives of (1) supporting private cost-beneficial to mandate documented the safe operation of a steam initiatives and; (2) offering technical water treatment programs at this time. locomotive. This video was unveiled support for sound training programs FRA is also concerned about the during TRAIN’s annual convention in (including the evaluation of current paperwork burdens associated with November of 1997, and was mailed to competencies). such a program. Federal agencies are steam locomotive owners and R–96–59 Modernization of part 230— mandated to reduce information operators throughout the country Industry members expressed support collection burdens, and regulatory shortly thereafter. Finally, the for this recommendation and acted in burdens on small entities are to be industry members of the task force partnership with FRA through the minimized. However, FRA remains endorsed putting together a task force to accomplish it. FRA willing to consider specific data and ‘‘Recommended Practice Manual’’ submitted responses to the NTSB’s analysis submitted in support of this (RPM) for many issues that this recommendations. The NTSB was recommendation. proposal does not address. FRA will satisfied with the agency’s plan, NTSB’s recommendation R–96–57, if continue to work with the industry on influenced by the task force adopted, would have required the the development of a RPM. recommendations, to address NTSB agency to explore the feasibility of R–96–56 Hours of Service Act recommendations R–96–53, R–96–55, progressive crown-stays in mitigating Awareness—The industry members R–96–56, and R–96–59 but was, the damage caused by boiler failures. indicated their support for the however, dissatisfied with our plan to The task force’s experience with proposal that FRA working in tandem address recommendations R–96–54, progressive crown stays was not with the TRAIN to promote awareness R–96–57, and R–96–58. These three sufficient to support such a mandate at of the Hours of Service Act. Although latter recommendations will be this time. The agency, after consultation issues of compliance with the Hours discussed at greater length below. with the task force, conveyed to the of Service Act are beyond the scope FRA concurs with the task force’s NTSB its willingness to explore this

VerDate 29-OCT-99 19:33 Nov 16, 1999 Jkt 190000 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\17NOR2.XXX pfrm11 PsN: 17NOR2 Federal Register / Vol. 64, No. 221 / Wednesday, November 17, 1999 / Rules and Regulations 62835 issue fully at some later date, based on Section 230.3 Implementation run from. The Association of Railway its belief that it lacked time and The provisions of this section Museums, Inc. stated that the period of resources to adequately address this generated a number of comments and eligibility for filing a petition for issue at this time. The NTSB found this counter-proposals from interested ‘‘special consideration’’ should begin response unacceptable. FRA told the parties. In the NPRM, FRA proposed a 1/27/96. Grand Canyon Railway NTSB it would appreciate the Board’s staggered implementation schedule for commented that the 3-year period is making available staff assistance to the placing the new rule into effect. Under arbitrary and should be revised to take task force to help outline the steps this schedule, locomotive owners and/ into account the actual date of necessary to conduct this evaluation, or operators would be required to publication of the final rule. Michigan but no such assistance was forthcoming. perform a 1472 service day inspection State Trust for Railway Preservation, The agency remains open to this issue meeting the requirements of § 230.17 at Inc. expressed its belief that the period but believes that more research is that time when the locomotive flues for special consideration should be necessary before it can conclude, one would have had to be removed under increased to 4 years or more depending way or another, that progressive crown § 230.10 of the 1978 revisions. upon the date of publication of the final stays are a cost-beneficial safety Subsection (c)–(d) of the proposal rule. Minnesota Transportation enhancement. In the NPRM, the agency provided for a 3-year period during Museum, Inc. observed that the 3 year requested that any party with data or which a steam locomotive owner and/or period for consideration was arbitrary. analysis related to progressive crown operator would be allowed to file a NBBPVI, Ohio Central Railroad, Tennessee Valley Railroad, and UP all stays, and their role in mitigating boiler petition for special consideration of commented that the final rule needs to failures, submit it to the agency for boiler inspections performed in take into account delays in getting the consideration: no such information was accordance with § 230.17 within the 3- rule published. NBBPVI suggested that received. year period prior to the final rule’s Finally, NTSB recommendation R– January 1, 1999 was a reasonable date publication. Several commenters 96–58 would require the agency to for implementation of the 3 year period expressed concern about when steam develop a certification program for for special consideration. San Diego locomotive owners and/or operators steam locomotive operators and Railroad Museum commented that the would be required to perform 1472 maintenance personnel. After due time period in which to file a petition service day inspections under the new consideration, FRA has decided in favor for special consideration should be rule. Grand Canyon Railway commented of a voluntary certification program. increased to 4 or 5 years, or Given the small number of affected that any locomotive in full compliance alternatively, start 3 years prior to the entities and the scarcity of federal with § 230.17 of the proposed rule date of publication of the proposed rule. resources available to administer a should have any flue time remaining At the Columbus, Ohio meeting, technically elaborate certification under § 230.10 incorporated into the several members of the task force also program, the agency believes a time allowed before having to perform expressed concern about the issue of mandatory certification program is a 1472 service day inspection. Grand when the time for filing special unnecessary at this time. The task force, Canyon Railway also stated that the petitions for consideration would begin. in association with the Volpe Center, 1472 service day period is a valid It was suggested that the date of has already created and produced a service time for steam locomotive boiler publication of the NPRM was the most training video for the conduct of steam flues and should be applied to all steam equitable time to relate back from since locomotive daily inspections. This locomotives with original flue time that could be considered as the date that video was aired during the TRAIN remaining within a 5-year maximum the regulated community first had convention held in November of 1997, period. Minnesota Transportation constructive knowledge of FRA’s and was subsequently mailed to each Museum, Inc. commented that this intentions. The task force was agreeable steam locomotive owner or operator for section should allow a steam locomotive to that proposal, reaching consensus on whom the agency had user fee records. with existing flue time under § 230.10 of a recommendation to FRA that the This was but a first step in response to the 1978 revision to incorporate that period for filing special petitions for the NTSB’s recommendation. The flue time under the new 1472 service consideration extend back 3 years from agency will continue to work with the day period. North Star Rail commented the date of publication of the NPRM. regulated community to carry forward that the implementation section, as FRA, after due consideration of the this discussion and, as such, supports proposed, would have its greatest comments received and the task forces those private initiatives offering impact on the newest, largest, least recommendations, has decided to adopt technical support for training programs, operated steam locomotives. North Star the date of publication of the Notice of including the evaluation of current Rail also commented that if the new Proposed Rulemaking as the date the 3 competencies of steam locomotive regulations are to be based on service year period for special consideration operators and maintenance personnel. days, then incorporation of properly will relate back from. This means that In the NPRM, FRA requested that any documented locomotives meeting all any locomotive owner and/or operator party supporting the NTSB’s aspects of the new regulations should whose locomotive was fully or partially recommendation submit data and also be based on actual documented in compliance with § 230.17 (1472 analysis indicating the need for a more service days. Wisconsin Railway service day inspection requirements) prescriptive approach: again, no such Preservation Trust commented that the between September 25, 1995 and information was received. proposed 1472 service day inspection September 25, 1998 may petition FRA requirement needs to be changed to take for special consideration. Comments and Responses into account the economic The discussion that follows examines circumstances of the regulated Section 230.5 Preemptive Effect in detail comments received, the task community and the potential inequities This section of the NPRM, addressing force’s consideration of and response to of the rule as presently written. A the preemptive effect of the proposed those comments, and those changes (if number of the comments received rule, generated a large number of any) FRA is making in the final rule as addressed the issue of when the 3-year comments concerning state regulation of a result of the comments received. period for special consideration should and/or enforcement of state boiler codes

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A North Star Rail stated that the wording more appropriate standard to apply in number of commenters took issue with of the preemption section should be light of this rule’s subject matter. Field the statement in this section that this consistent with the language of other preemption is not dependent upon part comes under 49 U.S.C. 20106’s rules such as the Track Standards Rule. agency action; it is statutory in nature. exception from preemption of an Ohio Central Railroad System’s However, any preemption issue is additional or more stringent State law, comment was that the preemption fundamentally a question of legislative regulation, or order that is necessary to language as proposed should be stricken intent. Schneidewind v. ANR Pipeline eliminate or reduce an essentially local since there is no need to involve other Co., 485 U.S. 293, 299 (1988). Executive safety hazard; is not incompatible with authorities. St. Louis Steam Train Order 13132 on Federalism instructs a law, regulation, or order of the United Association commented that having to Federal agencies to construe statutes as States Government; and does not follow more than one set of rules and preemptive only where there is an unreasonably burden interstate regulations invites misinterpretation express preemption provision or clear commerce. and confusion over which rules apply. evidence that Congress intended to UP submitted comments which were Tennessee Valley Railroad observed that preempt. FRA is not aware of any supported in whole by the AAR. In its it has had firsthand experience dealing indication that, in enacting the LBIA, comments, UP stated that § 230.6 of the with state boiler inspectors. Tennessee Congress intended to preempt State proposed rule takes too narrow a view Valley Railroad further noted that in its regulation of rail operations over which of preemption, drawing on the Federal experience, the state boiler inspectors FRA (or its predecessor, the ICC) had Railroad Safety Act (FRSA), but failing had applied the state boiler code never exercised jurisdiction. Insular to take into account the total preemptive provisions—with methodology and tourist railroads are a type of rail effect of the Locomotive Boiler inspection methods designed for operation that includes theme parks, Inspection Act (LBIA) and the Federal stationary boilers—to steam narrow gage lines, railroad museums, Safety Appliance Act (FSAA). UP also locomotives, resulting in steam and amusement park operations. FRA noted that neither the 1970 passage of locomotive owners and/or operators has not exercised jurisdiction over these the FRSA nor the 1994 recodification of being required to make repairs which operations and has no present intention the federal railroad safety laws changed were in conflict with FRA’s repair of doing so in the future (as made clear the preemptive effect of the LBIA or the requirements. The TRAIN organization in the revisions to part 209 as amended FSAA. The AAR observed that it is well commented that it was concerned that by Appendix A to this final rule). When settled that the federal railroad safety the preemption language in the first enacted, the LBIA applied only to laws and regulations governing proposed rule would allow the states to ‘‘common carriers engaged in interstate locomotive parts and appurtenances and come in and create problems for tourist commerce by rail.’’ Napier v. Atlantic safety appliances preempt the field and railroad owners and/or operators. Coast R.R., 272 U.S. 605 (1926). As foreclose any state regulation thereof. Although the preemption issue was amended by the Rail Safety Several commenters expressed discussed, the task force decided not to Improvement Act of 1988 (Pub. L. No. concern over having to comply with issue any recommendation, believing 100–342), the LBIA now applies to State standards. The Austin and Texas that preemption is a purely legal issue railroads as defined in 49 U.S.C. 20102. Central Railroad expressed concern that involving the interplay of state and The stated intent of that amendment this section, as written, would allow federal law: an area in which the task was to make the LBIA applicable to any states to hold steam locomotive owners force has no particular expertise. FRA railroad covered by the FRSA. However, and/or operators to different and recognizes the concerns raised by the there is no indication that, in possibly conflicting standards. commenters and acknowledges that the broadening the reach of the LBIA, Diversified Rail Services commented LBIA has been consistently interpreted Congress intended to broaden the that allowing state regulation could for over 70 years as totally preempting LBIA’s field preemption beyond the impose unreasonable financial burdens the field of locomotive safety, extending railroad operations covered by the LBIA and result in locomotive owners and/or to the design, the construction, and the before 1988. The early cases finding operators having to comply with material of every part of the locomotive preemption of the locomotive safety conflicting state and federal standards. and tender and all appurtenances field (e.g., Napier), precede the 1988 Grand Canyon Railway opined that thereof. amendments, and there is no record of allowing the States to regulate steam The proposed rule cited the standard any subsequent case applying field locomotives was undesirable, would be for preemption under the former FRSA preemption to a railroad that would not disruptive to operations and severely (now codified at 49 U.S.C. 20106). That have been covered by the LBIA before burdensome on steam locomotive standard allows additional or more the 1988 amendments. owners and/or operators forced to stringent State regulations, under Even if, in 1988, Congress did intend comply with conflicting, inconsistent certain limited conditions, even where to extend field preemption beyond state and federal regulations. The FRA has issued a rule or order covering common carriers engaged in interstate Michigan State Trust for Railway a subject matter. By contrast, the LBIA commerce, it is highly unlikely that it Preservation, Inc. commented that state (which has no preemption provision) intended that preemption to extend regulation of standard gauge steam has been held to preempt the entire field beyond the universe of railroads over locomotives would impede interstate of locomotive safety. See Napier v. which FRA exercises jurisdiction. travel by steam locomotives. The Atlantic Coast R.R., 272 U.S. 605 (1926). Presumably, Congress would have been Michigan State Trust also stated that the This rule is issued under the authority quite explicit about preempting state preemption language which tracked that of both § 20103 (the former FRSA action where Federal law has never of the Federal Railroad Safety Act regulatory provision) and §§ 20701– been exercised.

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Moreover, whether FRA could FRA Regional Administrator oversees what a ‘‘service day’’ is. It is important exercise safety jurisdiction over insular the compliance of steam locomotives that the definition of ‘‘service day’’ be tourist railroads is an open question. operating in his or her region with unambiguous, which in turn While FRA has left open the possibility federal requirements, and all requests necessitates that there be no uncertainty that it could someday assert such for waivers of compliance with the over what is a ‘‘fire’’ since the periodic jurisdiction, the agency believes that a regulations are filed centrally with FRA inspection requirements in the final rule reasonable argument can be made that in Washington DC, has resulted in are predicated upon accrual of service insular theme parks and amusement uniform, consistent regulation of steam days, the definition of which refers to rides are not ‘‘railroads’’ within the locomotive operations. those days where there is ‘‘fire’’ in the meaning of 49 U.S.C. 20102, despite the locomotive firebox. Section 230.7 Responsibility for breadth of that provision. Accordingly, Heavy Repairs. Although § 230.106(a) Compliance it seems impossible to conclude, in the of the NPRM mentions ‘‘heavy repairs,’’ absence of clearly stated legislative In § 230.8 in the NPRM, FRA is the term is not defined anywhere in the intent, that Congress intended to holding the locomotive owner and/or rule. Grand Canyon Railway commented preclude state regulation of operations operator directly and primarily that the term ‘‘heavy repairs’’ was where FRA has not exercised responsible for ensuring that all mentioned in the NPRM and, therefore, jurisdiction and where the very requirements of part 230 are complied should be defined. existence of that jurisdiction is open to with. Diversified Rail Services The task force was in agreement that debate. commented that contractors should also there was no need to define ‘‘heavy Therefore, while FRA has stated in be held responsible under this section. repairs’’ since the term was only used the rule text the general rule of field Grand Canyon Railway commented that, once in the text of the rule. The preemption in the area of locomotive in addition to owners, operators, and consensus was to recommend that the safety, it has also stated its belief that railroads, contractors should be held language of § 230.106 be changed, Congress did not intend such responsible for work they perform substituting ‘‘as often as needed’’ for preemption to apply to insular tourist covered by this regulation. St. Louis ‘‘each time the steam locomotive is in railroads over which FRA has not Steam Train Association commented shop for heavy repairs.’’ exercised jurisdiction. This will not that responsibility should extend to the Upon consideration of the comments result in conflict with State rules and steam locomotive owner and/or and the task force recommendation, regulations because it allows for State compensated consultants and FRA has decided to strike the words regulation only with regard to those contractors. After a discussion in which ‘‘heavy repairs’’ from the final rule. The operations not covered by this rule. it was pointed out that the rule as agency has done so, in the belief that written requires that any person or requiring that locomotive frames be Section 230.6 Waivers persons performing covered work act in cleaned ‘‘as needed’’ is more consistent In the NPRM, FRA proposed compliance with part 230, the task force with the ‘‘safe and suitable for service’’ nullifying all waivers granted under part reached consensus, recommending that requirement used in the inspection 230 of the 1978 revisions that are not this section be left as written in the criteria adopted in the final rule. filed for reassessment by the agency. NPRM. It was also noted that the Operator/Owner. The NPRM defined Waivers so filed would be reviewed by definition of ‘‘person’’ in § 230.9 Locomotive Operator so as to FRA which would then notify the expressly includes contractors and their distinguish between locomotive applicants whether their waivers were employees. operators and locomotive owners. Grand to be continued. Grand Canyon Railway Canyon Railway commented that the and North Star Rail each submitted Section 230.8 Definitions definition of ‘‘operator’’ needs to be comments urging FRA to establish a In § 230.9 in the NPRM, FRA written so that the lines of position at the national level charged proposed to add or amend 25 accountability and responsibility are with the oversight of steam locomotive definitions. A number of these proposed clearly delineated. Grand Canyon regulation to include addressing definitions produced comments from expressed concern over the growing petitions, granting waivers, and interested parties. incidence of steam locomotive operators receiving notifications of repairs FIRE: The NPRM did not provide a who lease the locomotives from their performed. In considering the comments definition for the term ‘‘fire’’ and owners, and the need to define the submitted, several task force members Tennessee Valley Railroad commented operators’ accountability and areas of noted that since FRA would be that ‘‘fire’’ should be defined so as to responsibility. Grand Canyon Railway enforcing the steam locomotive eliminate any ambiguity and to help also commented that ‘‘owner’’ should be regulations on a national basis, there determine what a ‘‘service day’’ is. defined in terms of who is responsible should be no issue of inconsistent or Although initially there was or assigned responsibility for conflicting application of the rules. disagreement over the need to define the compliance with applicable rules and Although the task force felt that there term ‘‘fire,’’ the task force did finally regulations of the NPRM. Grand Canyon was no need for FRA to establish an agree that the term should be defined expressed concern over what the office of ‘‘national steam inspector’’, no since it is used in the definition of accountability and responsibility of recommendation was issued because the ‘‘service day’’ which is one of the owners is when their steam locomotives task force members felt this issue was central underpinnings of the new rule. are not under their direct control, such primarily a matter of internal agency The task force reached consensus on a as when the locomotives are being policy. After review of the comments proposal to define ‘‘fire’’ as ‘‘anything leased by independent operators. received and the task force’s discussion that produces products of combustion The task force reached consensus, of this issue, FRA has decided that there that heat transferring components are agreeing that the definitions of is no need for the agency to create an exposed to.’’ FRA agrees with this ‘‘locomotive owner’’ and ‘‘locomotive office at the national level to consider recommendation and has included the operator’’ provided in § 230.9 petitions, waiver requests, and repair definition of ‘‘fire’’ in the final rule. adequately address the issue of requests and notifications. FRA believes FRA believes the inclusion of a responsibility for compliance with all that the present system, whereby each definition of ‘‘fire’’ will help to clarify applicable rules and regulations. The

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The task has reviewed the comments submitted shop area for maintenance purposes force was also in agreement that the and recognizes the concerns raised, but should not be counted as service days. spelling of ‘‘lite’’ engines would be believes that the definitions provided in Finally, the Tennessee Valley Railroad retained so as to avoid confusion the NPRM adequately address those commented that a requirement that a between ‘‘light’’ and ‘‘heavy’’ concerns. The agency has, therefore, steam locomotive boiler stack be capped locomotives and because ‘‘lite’’ is the decided that the final rule will adopt the when banking its fire in order to qualify traditional (and uniformly recognized) definitions for locomotive owner and as a non-service day would be helpful. spelling within the railroad industry. locomotive operator provided in the The task force reached consensus on FRA is revising the final rule to NPRM. However, it is to be noted that this issue, recommending that the comport with the task force’s the final rule includes language making definition of ‘‘service day’’ remain recommendations. This revision is also clear that an ‘‘operator’’ may in fact be unchanged. One task force member based upon the agency’s a railroad. commented that capping the stack as acknowledgment of the commenters’ Service Day. In the NPRM, FRA proposed by several of the commenters contention that there is no compelling proposed an inspection schedule based is actually a non-issue, since a steam reason for having different procedures locomotive is subjected to much higher for the movement of noncomplying on the number of service days a steam thermal stresses in its everyday steam and nonsteam locomotives. locomotive accumulates, with a service operations where a continuous stream of day defined as each day the steam Section 230.14 Thirty-One (31) Service cool outside air is introduced into the locomotive boiler has steam pressure Day Inspection firebox. above atmospheric pressure and a fire in FRA has decided to retain the In the NPRM, FRA proposed requiring the firebox. John C. Boykin commented definition of ‘‘service day’’ provided in that certain inspections be performed that the rule, as proposed, would the NPRM in the final rule. The agency when the steam locomotive accrued 31 promote over rapid cooling of believes this is the most equitable way service days. This section, which locomotive boilers. Mr. Boykin to calculate service days; balancing the included subsections on (a) general suggested that a ‘‘service day’’ be any need to take into account the realities of inspection requirements, (b) FRA day where the steam locomotive boiler steam locomotive operations today with notification, and (c) the filing of pressure is raised to a minimum of 50 the need to ensure that steam inspection reports, generated a number percent of allowable working pressure, locomotives are inspected on a timely of comments. A number of commenters Diversified Rail Services commented basis. expressed concern that under this that ‘‘service day’’ should be defined as section, as proposed, some steam a day where the locomotive is available Section 230.12 Movement of Non- locomotives would not be adequately for service, a day the locomotive moves Complying Locomotives inspected. There were also a number of away from a designated shop area under In the NPRM, FRA proposed making comments submitted seeking its own power. Diversified Rail Services part 230 current with part 229 by clarification of the notification and also suggested that the definition of allowing steam locomotive owners and/ scheduling of inspections procedures ‘‘service day’’ exclude those days where or operators to move ‘‘lite’’ or in tow, proposed in this section. Finally, steam pressure is not raised or where noncomplying steam locomotives for comments were received on the steam tests are being performed within repair purposes after making the requirement that locomotive owners a designated shop area and include any determination that the noncomplying and/or operators file a report of each day on which the locomotive has a fire steam locomotive was safe to so move. steam locomotive’s 31 service day in the fire box. In addition, Diversified Grand Canyon Railway commented that inspection in the place where that steam Rail Services took issue with the this section should include a provision locomotive is maintained and with the statement that dumping a fire and that the requirement that the steam FRA Regional Administrator for that damping is less dangerous than banking locomotive be tagged as ‘‘non- region. Diversified Rail Services a fire. The Locomotive and Tower complying’’ does not apply when such commented that the boiler wash Preservation Fund, LTD commented moves are made in yard areas and requirement is too ‘‘lax;’’ suggested that that, since a slow cool down process restricted to 10 miles per hour a 31 service day inspection and a boiler imposes the least strain on a steam maximum speed. Grand Canyon wash be required no later than every 92 locomotive boiler, those days on which Railway also suggested that this section calendar days, regardless of the number steam pressure is properly raised or the include a requirement that the steam of service days the steam locomotive has boiler is properly cooled down should locomotive initials must be written on accrued. The representatives of Grand not be considered service days. The the non-complying tag in addition to the Canyon Railway urged that steam Ohio Central Railroad commented that locomotive number. Tennessee Valley locomotive owners and/or operators be ‘‘service days’’ should be defined as Railroad commented that, when required to perform 31 service day those days the locomotive is used in referring to the movement of steam inspections no later than 92 calendar revenue service with an assigned crew; locomotives without railroad cars days after the last 31 service day requested clarification on whether a coupled on, the term ‘‘lite engines’’ inspection. Grand Canyon Railway also ‘‘service day’’ would include those days should be spelled ‘‘light engine.’’ suggested that an inspection’s effective where: (1) a new or repaired locomotive The task force agreed that this section date be the date the steam locomotive is was steam test-fired; (2) a locomotive should conform with the provisions for placed in service and not the day upon had dying coal embers and was slowing movement of non-complying which the steam locomotive’s boiler is losing steam pressure. Ohio Central also locomotives found in part 229. Task test fired. In addition, Grand Canyon stated that the method of drawing fire force consensus was that FRA should Railway commented that this section from the firebox proposed in the NPRM revise this section to allow locomotive should mandate that FRA inspectors would subject steam locomotive owners and/or operators to move non- may only request daily records during

VerDate 29-OCT-99 19:33 Nov 16, 1999 Jkt 190000 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\17NOR2.XXX pfrm11 PsN: 17NOR2 Federal Register / Vol. 64, No. 221 / Wednesday, November 17, 1999 / Rules and Regulations 62839 normal business hours, with such that the concerns raised by the locomotive every time it has fire in the records to be produced within 4 hours commenters were legitimate but, at the ‘‘box’’ and raised steam pressure of a request to do so. In its comments, same time, addressed by the necessitate such days being counted as St. Louis Steam Train Association requirement that steam locomotive be service days. FRA also believes that the expressed the belief that the proposed inspected to determine safety and requirement of timely filing of 31 service day inspection must be suitability for service each day. The task inspection reports is justified by its performed no later than every 92 force believes that the ‘‘safe and need to have up-to-date proof that all calendar days. Grand Canyon Railway suitable’’ requirement includes a duty steam locomotives currently in use are requested clarification on how and on the part of the steam locomotive being inspected as required. when FRA will notify steam locomotive owner and/or operator to monitor water Section 230.15 Ninety-two (92) Service owners and/or operators of its desire to quality and the effects of water storage Day Inspection observe a 31 service day inspection. on the locomotive each day that it is Grand Canyon Railway also commented offered for service. The task force In this section of the NPRM, FRA that FRA inspectors desiring to attend a members reached consensus on the proposed requiring certain inspections 31 service day inspection should be issue of when and how 31 day be performed when the steam required to notify the steam locomotive inspection reports must be filed with locomotive has accrued 92 service days owner and/or operator performing the FRA; agreeing that the agency’s desire to with the steam locomotive owner and/ inspection of their desire to so attend. be furnished with written proof that or operator required to file an inspection Ohio Central Rail System suggested that required inspections have been report with the appropriate Regional this subsection include an explanation performed was reasonable, especially in Administrator. The agency received a of how and within what prescribed time light of the fact that the paperwork number of comments regarding the (a) period FRA would respond to the burden imposed on owners and/or general inspection requirements, and (b) notifications of inspection dates operators has been reduced by filing on 92 service day inspection required under this section. Ohio approximately 33 percent under the reports. A number of commenters Central Rail System also requested new rule. There was also agreement that expressed concern that under this clarification on whether an inspection the difference between alterations and section as proposed, some steam can take place as scheduled when the repairs is explained in the definitions locomotives would not be adequately FRA delegate is unable to attend at the section of the proposed rule, and that inspected. Comments were also received regarding the requirement that agreed upon time and the parties cannot the proposed rule clearly states when a locomotive owners and/or operators reach agreement on another inspection FRA Form No. 19 must be filed with keep a report of each steam locomotive’s date. Tennessee Valley Railroad also FRA. The task force also discussed the 92 service day inspection on file in the expressed concern about whether an issue of when a steam locomotive is place where that steam locomotive is inspection scheduled to be performed considered to be in service, reaching maintained and with the FRA Regional with an FRA inspector in attendance consensus that any day the locomotive Administrator for that region. Grand could be conducted as planned if the has fire in the firebox and boiler Canyon Railway noted that under this inspector failed to show at the agreed pressure above atmosphere is a service rule, certain operations (such as those upon time and place. The United States day. who run on weekends only) could go as Department of Interior commented that After weighing the concerns of the long as 12 consecutive months without the inspection criteria should include commenters and the recommendations having a 31 day or 92 day inspection the requirement that all water glasses of the task force, FRA has decided to performed. Grand Canyon Railway also are to be maintained free from leakage. leave this section unchanged in the final sought clarification on what the Tennessee Valley Railroad commented rule. The agency believes that the ‘‘safe effective date of an inspection is; that filing 31 service day inspection and suitable for service’’ requirement, suggested that a 92 service day reports with FRA is unnecessary since by implication, imposes a duty on all inspection’s effective date be the day the the annual FRA Form No. 3 provides the steam locomotive owners and/or steam locomotive is placed in service agency with adequate notice that the operators to ensure that water quality and not the day upon which the steam steam locomotive is in service that year, and water storage do not have a locomotive’s boiler is test fired and it suggested eliminating the filing detrimental effect on the steam following a repair or rebuild. Tennessee requirement. locomotive. The agency also believes Valley Railroad commented that filing The task force members were in that, as written, this rule clearly 92 service day inspection reports with accord that—as clearly explained in this explains how notification and FRA is unnecessary since the annual section—when FRA is unable to attend rescheduling of inspections is to be FRA Form No. 3 provides the agency a scheduled inspection as agreed upon done and how inspections will go on as with adequate notice that the steam and FRA and the locomotive owner originally scheduled if FRA is unable to locomotive is in service that year, and and/or operator are unable to agree attend as scheduled and is unable to it suggested eliminating the filing upon a new date to perform the reach agreement with the locomotive requirement. inspection, the inspection may go on as owner and/or operator as to an The task force believes that the ‘‘safe planned. The task force was also in alternative date on which to conduct the and suitable’’ requirement includes a agreement that when FRA desires to inspection. On the issue of ‘‘service duty on the part of the steam locomotive attend an inspection, it will convey that days,’’ no evidence has been produced owner and/or operator to inspect and information to the steam locomotive to show that FRA is not justified in its monitor the locomotive each day that it owner and/or operator through conviction that every day that a steam is offered for service. The task force generally accepted means of business locomotive has fire in the firebox and members agreed that the agency’s desire communication. The issue of boiler steam pressure raised to above to be furnished with written proof that washes and the effects of long-term atmospheric pressure must be counted 92 service day inspections have been water storage of water on the steam as a service day. As previously performed was reasonable considering locomotive boiler were discussed at explained, FRA believes that the the safety issues implicated, especially length. The task force members agreed stresses and wear imposed on a steam in light of the greatly reduced

VerDate 29-OCT-99 19:33 Nov 16, 1999 Jkt 190000 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\17NOR2.XXX pfrm11 PsN: 17NOR2 62840 Federal Register / Vol. 64, No. 221 / Wednesday, November 17, 1999 / Rules and Regulations paperwork burden imposed on owners clearly states that when FRA is unable year ‘‘clock’’ start on the day a steam and/or operators under the new rule. to attend a scheduled inspection as locomotive is placed in service or 365 FRA has also decided to leave this agreed upon and FRA and the calendar days after the first flue tube is section unchanged in the final rule. As locomotive owner and/or operator are installed, whichever comes first. previously stated, the agency believes unable to agree upon a new date to FRA is adopting the task force that the ‘‘safe and suitable for service’’ perform the inspection, the inspection recommendation that the 15 year clock requirement, by implication, imposes a may go on as planned. The task force start running on the day the steam duty on all steam locomotive owners was also in agreement that the proposed locomotive is placed in service or 365 and/or operators to ensure that water annual inspection requirements are not calendar days after the first flue tube is quality and water storage do not have a ‘‘overkill’’, and that safety installed, whichever comes first. The detrimental effect on the steam considerations justify any ‘‘burden’’ agency recognizes that many steam locomotive. Also previously stated, FRA imposed on the owners and/or operators locomotive restorations are done on by believes that no evidence has been under this section. ‘‘part-timers,’’ primarily volunteers who produced to show why every day that a Here too, FRA has decided to leave are only able to work on the locomotives steam locomotive has fire in the firebox this section unchanged in the final rule, on weekends. Because of the complexity and steam pressure raised to above believing that the ‘‘safe and suitable for of the task and the sheer number of atmospheric pressure should not be service’’ requirement, by implication, manhours required to restore such a counted as a service day. As previously imposes a duty on all steam locomotive locomotive, restoration can literally take explained, FRA believes that the owners and/or operators to ensure that years; often times with the locomotive stresses and wear imposed on a steam water quality and water storage do not sitting outside, continuously exposed to locomotive every time it has fire in the have a detrimental effect on the steam inclement weather. In such situations, ‘‘box’’ and raised steam pressure locomotive. FRA also believes that the corrosion is a primary safety concern; necessitate such days being counted as inspection and filing requirements are especially so after the flue tube service days. FRA also believes that the justified by the safety concerns installation begins, since at that point it requirement of timely filing of implicated, especially in light of the is no longer possible to do a visual and inspection reports is justified by its reduced compliance ‘‘burden’’ imposed tactile inspection of the entire boiler need to have up-to-date proof that all on locomotive owners and/or operators surface. After considering all the factors steam locomotives currently in use are under the final rule. involved, FRA has decided to impose a being inspected as required. 15 year ‘‘drop-dead’’ limit on the length Section 230.17 One Thousand Four of time after the steam locomotive is Section 230.16 Annual Inspection Hundred and Seventy-Two (1472) placed in service or first flue tube is Service Day Inspection FRA has proposed requiring that an installed (whichever occurs first) that a annual inspection be performed 368 In the NPRM, FRA proposed an steam locomotive can go before a 1472 calendar days after the last (previous) extremely comprehensive inspection service day inspection must be annual inspection, with the steam which is to be performed when a steam performed. locomotive owner and/or operator locomotive is first brought out of required to notify FRA of the time and retirement and thereafter when 1,472 Section 230.18 Recordkeeping place of the inspection and to file an service days have accrued or 15 years Requirements (Service Days) inspection report with the appropriate have elapsed from the time of the last Under this section, steam locomotive FRA Regional Administrator. A number such inspection (whichever comes first). owners and/or operators are required to of interested parties submitted The agency received several comments (a) keep and have available for comments on subsections (a)(1) general on the general inspection requirements. inspection, a current copy of the service requirements, subsection (b) FRA Grand Canyon Railway requested day record for each steam locomotive notification, and subsection (c) filing clarification on what the effective date currently in service, (b) file a FRA Form inspection reports. Ohio Central Rail of an inspection is; suggested that a No. 5 no later than January 31st of each System requested clarification on 1472 service day/15 year inspection’s year showing the days the steam whether an inspection can take place as effective date be the day the steam locomotive was in service during the scheduled when the FRA delegate is locomotive is placed in service and not preceding year, and (c) complete all the unable to attend at the agreed upon time the day upon which the steam requirements of the 1472 service day and the parties cannot reach agreement locomotive’s boiler is test fired inspection before that locomotive can be on another inspection date. The United following a repair or rebuild. St. Louis returned to service, if the required States Department of the Interior (USDI) Steam Train Association expressed the service day reports are not filed for a stated its belief that annual inspections belief that protection needs to be steam locomotive and FRA considers are only needed on steam locomotives provided for owners and/or operators that steam locomotive to have been that have dome throttles or shut-off who perform the work required under retired. Diversified Rail Services, Inc. valves at the dome end of the dry pipe. the 1472 service day inspection, but commented that this section needs to USDI also recommended requiring that who otherwise may have to repeat some take into account certain out-of-service annual inspections be performed each of that work because the requisite and/or ownership conditions. year for the first 2 years a steam reports were not filed in a timely Diversified Rail suggested that a steam locomotive is in service, with the manner. locomotive should be considered retired provision that if no wastage was found Because most steam locomotives only if the locomotive owner and/or at that time, any further annual accrue relatively few service days in the operator failed to file a service day inspections could be deferred until the space of a year, the task force report with FRA within 2 years of the 1472 service day inspection. Tennessee concentrated on the issue of when the last filing of a service day report. Valley Railroad commented that the 15 year period [maximum time between The task force agreed that the 31 requirement that annual reports be filed 1472 service day inspections] would calendar day ‘‘grace period’’ provided with FRA should be eliminated. begin to run. After a lengthy discussion, for under the rule is sufficient given As previously explained, the task the task force was able to reach a FRA’s need for timely proof that all force members believe that the rule consensus, recommending that the 15 steam locomotives currently in service

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St. Louis Steam Train construction of and repairs to a steam FRA Form No. 5 in a timely manner. Association also commented that when locomotive lies with whoever is The task force also recommended that a locomotive boiler is repaired, the form delegated responsibility for that FRA not be totally inflexible in used to report the repair should not locomotive. The task force discussed enforcing this section. require the calculation of stress levels. this issue, but felt that it involves legal FRA believes the recordkeeping and The task force reached consensus on matters best left to FRA’s Office of Chief filing requirements proposed in the this issue, agreeing that the present Counsel. The consensus was to make no NPRM are reasonable and, therefore, has system (whereby FRA Regional recommendations; deferring to the incorporated them in the final rule. The Administrators provide oversight of agency’s interpretation on this issue. agency also realizes that a 1472 service steam locomotives operating within FRA believes that, in most cases, the day inspection is a very time- their respective regions) is efficient and responsibility for compliance will fall consuming, costly procedure and that, does result in uniform application of the equally on the owner and the operator under certain circumstances, locomotive regulations. Concern was expressed that of the steam locomotive, and, in these owners and/or operators may be unable creation of a national steam inspector cases, the agency has chosen to use the to file a FRA Form No. 5 within the would result in one more layer of words ‘‘owner and/or operator’’ in the prescribed time. As such, FRA will bureaucracy, and that the person filling final rule. However, the agency also consider those claims that failure to that position would be overburdened believes that in certain limited timely file was due to compelling and unable to provide proper oversight situations, the responsibility for circumstances on a case-by-case basis. over the regulated community as a compliance will lie with either the whole. It was also felt that there is no steam locomotive owner (such as when Section 230.20 Alteration and Repair issue of local vs. national standards a steam locomotive is being rebuilt or Report for Steam Locomotive Boilers since the FRA Regional Administrators brought out of retirement), or the steam In § 230.20 of the NPRM, FRA already send alteration and repair locomotive operator (such as where a proposed that steam locomotive owners reports and other documentation to steam locomotive breaks down while in and/or operators who make alterations FRA’s Office of Safety as conditions actual use). In these cases FRA has used to steam locomotive boilers be required warrant. The task force was also in the words ‘‘owner or operator’’ in the to file alteration reports with the agreement that the rule as written final rule. appropriate FRA Regional clearly explains that owners or Section 230.25 Maximum Allowable Administrator. This section would also operators performing welded or riveted Stress on Stays and Braces require the filing of repair reports with repairs on stayed portions of steam the FRA Regional Administrator locomotive boilers are only required to This section sets the maximum whenever steam locomotive owners complete and maintain a FRA Form No. allowable stress per square inch of net and/or operators perform either welded 19 record of the work done. It was noted cross-sectional area on firebox and or riveted repairs to unstayed parts of that Form19s need to be filed with FRA combustion chamber stays and braces. locomotive boilers, and the completion whenever alterations are performed in The Tennessee Valley Railroad and maintenance of repair reports when order to satisfy the requirement that a commented that the maximum welded or riveted repairs are performed current FRA Form No. 4 be on file with allowable stress levels should be on stayed parts of locomotive boilers. A FRA at all times for each steam presented as a percentage of the number of interested parties submitted locomotive in service. ultimate tensile strength of the material comments on subsections (a) FRA agrees with the task force used in the braces and stays. Tennessee Alterations; subsection (b) Welded and recommendations and observations; also Valley Railroad believes that so doing riveted repairs to unstayed locomotive believing that creation of another level would encourage steam locomotive boiler portions; and subsection (c) of oversight would provide little or no owners and/or operators to make use of Welded and riveted repairs to stayed additional safety benefit while the higher strength steels now available. portions of the locomotive boiler. needlessly straining the agency’s Tennessee Valley Railroad also noted Diversified Rail Services commented already limited resources. Since the that the ATSM requirements for some of that locomotive owners and/or operators agency believes that the present system the older materials are no longer performing welded repairs on stayed of reporting and filing is efficient and available. The task force was in areas should only be required to not unduly burdensome to locomotive agreement that the maximum allowable maintain records of those repairs. Grand owners and/or operators, this section of stresses should continue to be based on Canyon Railway commented that the final rule remains unchanged from the psi ratings provided. In the locomotive owners and/or operators that of the NPRM. discussion on this issue, it was pointed should be required to maintain—but not out that steam locomotives were file with FRA—records of standard Section 230.23 Responsibility for designed and built as integral units with repairs such as welding or repairing General Construction and Safe Working stress levels calculated based on the staybolts. Grand Canyon Railway also Pressure locomotives in whole. Several members suggested that FRA should establish the Section 230.23 sets out what the of the task force observed that it is not position of National Steam Inspector specific responsibilities of the steam good engineering practice to use a with responsibility for handling locomotive owner and the steam combination of materials of different waivers, petitions, repair acceptance locomotive operator are. Grand Canyon composition and strengths in an notifications, and alteration/repair Railway submitted comments in which interdependent structure like a reports. Ohio Central Railroad System it objected to what it considered to be locomotive. It was also noted that requested clarification on when FRA FRA’s lack of consistency in the use of changing the rule as suggested would

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The agency recommended that the final rule include Subsection 230.32(a) imposes a believes that allowing stays and braces the actual basis for the published requirement that the entire steam made of higher strength steels to be values. locomotive boiler be inspected when a subjected to higher stress levels could The task force reached consensus, 1472 service day inspection is result in damage to or even failure of agreeing that the maximum shearing performed. Tennessee Valley Railroad surrounding sections that are not made strength of rivets used in steam took exception to the proposed of correspondingly high strength locomotives should continue to be inspection requirements; commenting materials. calculated based on values listed in the that these provisions would create table unless the rivets are made from unnecessary work and inflict needless Section 230.26 Tensile Strength of stress and wear on dome lid studs and Shell Plates other materials: materials that have been proven through testing to exceed those seal rings. After due consideration of the This section establishes a default levels. It was noted that the psi levels comments submitted, the task force tensile strength figure to be used for provided in the table were based on decided to recommend that the criteria steel or wrought iron shell plates when many years of actual operating for performing a 1472 service day the actual figure is unknown. Tennessee experience. Valley Railroad submitted comments on inspection remain unchanged from the FRA is in concurrence with the task this issue, urging that the final rule NPRM. Several members of the task force recommendations and is adopting recognize the advances in materials force noted that the inspection them in the final rule. The agency available today and take those advances procedure referred to by the Tennessee believes that the conservative shearing into account when publishing ductility Valley Railroad is only required after strength values provided in the table and/or tensile/shearing strength 1,472 service days have accrued or 15 provide a margin of safety in an area standards. Tennessee Valley Railroad years have elapsed and, considering the also suggested that the words ‘‘for pre- where failure could result in extensive minimal burden imposed on locomotive existing boilers’’ be inserted after damage to the equipment and serious owners and/or operators and the safety ‘‘wrought-iron shell plates.’’ injury or loss of life. benefits gained, the criteria for the 1472 The task force members disagreed Section 230.28 Higher Shearing service day inspection should be with Tennessee Valley’s comments; Strength of Rivets retained. recommending instead that the final FRA is retaining the 1472 service day rule retain the language in the NPRM. It In this section, FRA proposed inspection methods prescribed in the was observed that this was essentially a allowing steam locomotive owners and/ NPRM. The agency remains convinced non-issue since the default standard is or operators to use a higher shearing that, in light of the age of the steam only intended to pertain to materials the strength for rivets when tests of the locomotive community, and the tensile strength of which is unknown material used show it to be of such potential danger posed by boiler and the tensile strength of present day quality as to justify so doing. Tennessee explosions and other catastrophic steels is known or easily determinable. Valley Railroad commented that this failures, any burden imposed on The task force believes that these section is no longer needed since the locomotive owners and/or operators by standards are only intended to apply to appropriate ASTM or ASME requiring a comprehensive, hands on the maintenance of existing equipment. specifications were referenced in inspection be performed once every This section of the final rule is previous sections. In the alternative, 1472 service days or 15 calendar years unchanged from the NPRM. After Tennessee Valley Railroad (whichever occurs first) is reasonable. reviewing the comments and the task recommended that current ASTM Section 230.33 Welded Repairs and force’s recommendation, FRA decided standards be used as the basis for higher Alterations that the safety benefits of establishing strength values in lieu of requiring that maximum tensile strength values for the materials used be strength tested. This section of the NPRM generated a shell plates made of steel or wrought- The task force disagreed with number of comments. Several iron, the strength of which cannot be Tennessee Valley Railroad; commenters took exception to ascertained, outweighs any recommending instead that the subsection (a), which imposes reporting inconvenience or burden placed upon maximum shearing strength of rivets requirements on steam locomotive locomotive owners and/or operators. used in steam locomotives continue to owners and/or operators welding on be calculated based on values validated unstayed portions of the locomotive Section 230.27 Maximum Shearing through empirical evidence unless the boiler, and subsection (d), which Strength of Rivets rivets are composed of materials that provides that steam locomotive owners This section establishes a default have been proven through testing to and/or operators must submit a written tensile strength figure to be used for exceed the levels provided. request for approval to FRA before steel or wrought iron shell plates when Here too, FRA is in concurrence with installing flush patches on unstayed the actual figure is unknown. The the task force recommendations and is boiler portions. Diversified Rail Services Tennessee Valley Railroad submitted adopting them in the final rule. The commented that steam locomotive the only comments on this issue, stating agency believes that limiting the owners and/or operators that perform that the maximum shearing strength assignment of higher strength values to welded repairs on stayed portions of the values for rivets should be presented as those materials that have been locomotive boiler should be required to a percentage of the ultimate tensile conclusively proven to have shearing maintain records of those reports but strength of the material the rivets are strengths in excess of the table values not be required to file FRA Form No. made from since this would encourage provides the necessary margin of safety 19s with FRA. Grand Canyon Railway steam locomotive owners and/or in an area where failure could result in submitted similar comments, urging that

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FRA only require that such reports or chief mechanical officer or at the site is done. Another member observed that FRA Form No. 19s be kept by the steam where the work was performed. there are a number of easy, inexpensive locomotive owner and/or operator’s The task force recommended that the methods available for supplying heated chief mechanical officer or at the site reporting requirements be retained. The fill water. It was also noted that the where the work was performed. task force members expressed the belief ASME has raised its recommended Tennessee Valley Railroad requested that FRA oversight will ensure that minimum metal temperature to 70° F. clarification on what FRA considers a riveted repairs are made in compliance The task force agreed that raising the ‘‘repair’’ and on whether FRA considers with established railroad practices and/ minimum temperature required to 70° F a ‘‘flush patch’’ to be a ‘‘repair.’’ or accepted national standards for boiler was in keeping with industry trends and Tennessee Valley Railroad also repairs. would provide an extra margin of safety questioned whether FRA would FRA is retaining the requirements of when performing hydrostatic tests. consider a partial boiler course this section in the final rule. The agency However, the task force did not agree replacement to be a repair. believes that it is essential that it have with the comments urging that the The task force members agreed that a the right to review all proposed riveted minimum boiler metal temperature for partial boiler course replacement should alterations on unstayed boiler portions performing hydrostatic tests at or above ° be considered a flush patch if it is since any such work, in changing the MAWP be raised to 120 F. The task applied by welding. There was also boiler’s pressure retention capability, force members believe that the agreement that § 230.33(d) steam may have a major impact on the maximum boiler metal temperature ° locomotive owners and/or operators locomotive’s structural integrity. should remain at 120 F because boiler installing welded flush patches on metal heated to a temperature above Section 230.36 Hydrostatic Testing of ° unstayed portions of the locomotive Boilers 120 F could pose a substantial risk of boiler are required to submit a written injury to any personnel coming in direct Subsection (b) explains how steam contact with the steam locomotive. The request for approval by FRA prior to locomotive owners and/or operators performing such work and to file a FRA task force noted that the rule already will perform a hydrostatic test on their requires that hydrostatic testing is to be Form No. 19 with FRA as per § 230.20(a) locomotive boilers, and subsection (c) of the rule after the work is completed. performed at 125 percent of MAWP. On sets forth the requirement that steam the issue of boiler inspections, the task The task force also noted that § 230.9 of locomotive owners and/or operators the rule explains that any restoration force was in agreement that requiring a conduct an internal inspection of the boiler inspection after hydrostatic work is considered a ‘‘repair’’ while locomotive boiler after every hydrostatic ‘‘alterations’’ are defined as ‘‘any testing of the locomotive boiler is in test conducted above MAWP. Several keeping with industry safety practices changes to the boiler affecting its steam railroads objected to those parts pressure retention capability.’’ and does not impose undue burdens on of § 230.36. Grand Canyon Railway the owners and/or operators and that Addressing the comments urging that commented that performing a the proposed filing requirements be any stress and wear inflicted on dome hydrostatic pressure test on a boiler lids, studs, seal rings etc. is justified. deleted from the final rule, it was noted ° with a metal temperature of 60 F could FRA also agrees that the boiler metal that, in light of the fact that FRA is result in the boiler metal be shocked/ temperature should be, at a minimum, allowing the use of relatively new stressed, further commented that the 70° F before hydrostatic testing of the methods of repair not previously minimum boiler temperature should be boiler is performed. The agency believes ° applied to steam locomotives, these 70 F whenever a steam locomotive that raising the minimum metal filing requirements are not onerous. It boiler is subjected to hydrostatic temperature will reduce the risk of was also observed that in the past FRA pressure, and the minimum temperature metal ‘‘shock’’ and stress which could ° had required that such patches be should be 120 F whenever the lead to boiler failure. FRA does not riveted, a much more expensive method locomotive boiler is subjected to agree with the comments urging that the of repair than welding. hydrostatic pressure at or above boiler metal temperature be at least 120° FRA believes that the reporting and maximum authorized working pressure F whenever hydrostatic testing is done filing requirements in this section are (MAWP).Grand Canyon Railway also at or above MAWP. The agency believes justified. The agency believes that, commented that all hydrostatic testing that the danger presented to people considering the critical nature of such should be done at 125 percent of working around metal heated to such work and the importance that it be done MAWP. Tennessee Valley Railroad temperatures would outweigh any safety properly, requiring owners and/or commented that the annual boiler benefits gained. FRA agrees with the operators to obtain FRA approval before inspection required under § 230.32(a) is recommendation that hydrostatic testing performing this type of work on a sufficient to detect wear. Tennessee be done at or above MAWP, but points locomotive boiler and to file a report Valley Railroad further commented that out that the NPRM already specified with FRA after completing said work is such an inspection requirement is not in that all hydrostatic testing must be done not unreasonable. conformity with industry practice; at 125 percent of MAWP. results in unnecessary work being done; Section 230.34 Riveted Repairs and Section 230.39 Broken Staybolts Alterations and inflicts needless stress and wear on dome lids, studs, and seal rings. This section establishes (a) a limit on Subsections (a)–(c) impose reporting Upon consideration of the comments the number of broken staybolts a steam requirements on steam locomotive received, the task force agreed that a locomotive can have and still remain in owners and/or operators performing minimum boiler metal temperature of service; (b) when and how broken riveted alterations or repairs on stayed 60° F consensus was probably too low; staybolts must be replaced; (c) what and/or unstayed portions of the deciding to recommend that the counts as a broken staybolt; and (d) locomotive boiler. Grand Canyon required minimum metal temperature to what methods of closing telltale holes Railway commented that the rule be raised to 70° F. One task force are prohibited. Subsections (a) and (d) should only require that such reports or member stated that it is extremely generated comments. Diversified Rail FRA Form No. 19s be kept by the steam important that boiler metal temperature Services commented that this section is locomotive owner and/or operator’s be above 45°–50° F before such testing repetitive and could be interpreted as

VerDate 29-OCT-99 19:33 Nov 16, 1999 Jkt 190000 PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 E:\FR\FM\17NOR2.XXX pfrm11 PsN: 17NOR2 62844 Federal Register / Vol. 64, No. 221 / Wednesday, November 17, 1999 / Rules and Regulations requiring a steam locomotive with a locomotive boiler under pressure is Section 230.60 Time of Washing broken staybolt be operated in that much more successful in detecting This section of the NPRM generated a condition for as long as 30 days. Grand broken staybolts. Grand Canyon Railway number of comments, most of which Canyon Railway commented that this suggested that the procedure for were in regards to subsection (a) section should be deleted and replaced hammer testing staybolts be changed to Frequency of washing. The NBBPVI with the 1978 § 230.25 language. Grand a 3-step process starting at 50 percent ° commented that the reference in the Canyon Railway also commented that MAWP, water temperature 70 F and section-by-section analysis of § 230.60 the rule should not contain a blanket incrementally increasing pressure and to § 230.45 of the 1978 standards was prohibition on plugging telltale holes of water temperature to 95 percent MAWP ° inaccurate or incomplete. Grand Canyon leaking staybolts. and water at 120 F. Grand Canyon Railway expressed concern that under The task force considered the Railway also recommended that the this washing schedule, water could be comments but disagreed with them, provision allowing testing of staybolts left in steam locomotive boilers for more deciding to recommend that this section without water in the locomotive boiler than 30 days at a time; commented that remain as written in the NPRM. It was be deleted; expressed the belief that boiler washes should be performed at observed that there were a number of such tests are highly inaccurate. least once every 92 calendar days. Ohio compelling reasons for amending the The task force reviewed the comments rule and deleting § 230.25 of the 1978 but disagreed with the commenters’ Central Railroad System observed that a standards. Among the reasons cited conclusions: believing instead that this requirement that boilers be washed were the continuing aging of the steam section simply prescribes the minimum every 92 calendar days would be a lot locomotives in use in the United States testing criteria and should not be better than the current regulation. Ohio today; the longer operating and changed. Several task force members Central Railroad System also noted that inspection cycles of steam locomotives observed that steam locomotive owners requiring that boiler washes be today; and the progressive nature of and/or operators are free to make use of performed at least once every 92 staybolt failures. It was observed that stricter testing methods if they believe calendar days would insure that the failure of one staybolt puts the method prescribed is inadequate. sediment and other solids would remain significant additional pressure on the FRA’s purpose, in writing this soft enough to be easily flushed and surrounding staybolts, leading to the section, was to set forth minimum would help to avoid a buildup of excess possibility of a ‘‘cascade’’ or ‘‘domino’’ testing procedures. As such, FRA will sediment in the locomotive boiler. effect with each ensuing staybolt failure not take exception to steam locomotive Tennessee Valley Railroad commented rapidly leading to yet another failure owners and/or operators using more that the rule needs to address the issue ultimately resulting in a catastrophic comprehensive testing methods, of steam locomotives being stored for boiler failure. In addition, all members provided the minimum testing long periods of time with water in the of the task force concurred that, while requirements are met. boiler; expressed concern about the this section of the rule establishes that situation where a steam locomotive Section 230.51 Number and Location owner and/or operator uses his or her the maximum time a steam locomotive of Water Glasses and Gauge Cocks may be operated with broken staybolts steam locomotive less than 31 service is 30 days, it does not require owners This section provides that all steam days a day, under this section, in such and/or operators to run their steam locomotive boilers must be equipped a case, the locomotive boiler might only locomotives for that period of time with with a minimum of 2 water glasses. John be washed once a year. Tennessee broken staybolts. The task force was also C. Boykin commented that the Valley Railroad also advocated requiring in complete agreement that this section requirement for 2 water glasses is that locomotive boilers be washed at does not impose a total ban on the unreasonable and that there is no least once every 92 calendar days, closing of telltale holes; it simply lists evidence that trycocks do not work as expressing the belief that leaving the prohibited methods for so doing. well. standing water in a locomotive boiler is FRA is leaving this section unchanged The task force felt that the 2 water detrimental to the boiler: suspensions in the final rule. The agency believes glass requirement was based on valid will settle out and create sludge while that, in light of the safety concerns concerns and should remain. It was dissolved oxygen in the water may react implicated, it is essential that steam observed that 75 years of experience with carbon components in the boiler locomotives not be allowed to operate have shown that water glasses are more metal. with 2 or more broken staybolts within accurate and more reliable than The task force recommended that this 24 inches of one another or with more trycocks. One task force member noted section stay as written in the NPRM. It than 4 broken staybolts at one time. FRA that the NTSB has recommended that was noted that the concerns expressed also believes that the rule does not each steam locomotive be equipped by the commenters merited prohibit the closing of telltale holes per with 2 water glasses. Another task force consideration but were, in fact, se. member observed that the ASME Boiler addressed under the daily inspection Code § 1 has abolished the requirement requirements. The task force believes Section 230.40 Time and Method of for water gauge trycocks because of the that the requirement that the steam Staybolt Testing high level of operator skill and locomotive be inspected on a daily basis Subsection (a) establishes when experience required to operate properly to ensure that it is safe and suitable for staybolts are to be hammer tested and and safely. service includes a duty to test water provides an exception for inaccessible FRA concurs with the findings of the quality and to ensure that water is not staybolts; subsection (b) sets out the NTSB and the recommendations of the kept in boilers so long that it causes procedure to be followed when staybolts task force and is retaining the damage to the locomotive boiler and are hammer tested. Diversified Rail requirement that all steam locomotives other parts and appurtenances. Services and Grand Canyon Railway be equipped with at least 2 water glasses FRA has decided to leave this section both took exception to the procedures in the final rule. FRA believes that this unchanged in the final rule. The agency set forth in subsection (b). Diversified requirement will enhance safety since believes that under the ‘‘safe and Rail Services commented that hammer water glasses are more accurate and suitable for service’’ requirement, a duty testing of staybolts done with the easier to use than water gauge trycocks. is imposed on all steam locomotive

VerDate 29-OCT-99 19:33 Nov 16, 1999 Jkt 190000 PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 E:\FR\FM\17NOR2.XXX pfrm11 PsN: 17NOR2 Federal Register / Vol. 64, No. 221 / Wednesday, November 17, 1999 / Rules and Regulations 62845 owners and/or operators to ensure that be performed every time the boiler is compressor failure while in service to water quality and water storage are washed adequately addresses the issue complete that day’s service, provided continuously monitored so as to not of defective arch tubes, while, at the that the remaining air compressors on have a detrimental effect on the steam same time, taking into account the that locomotive are able to supply a safe locomotive and all its parts and economic burdens imposed on steam level of air for the train’s operation. appurtenances. locomotive owners and/or operators However, the task force was adamant required to perform such inspections. that, as per the requirements of the daily Section 230.61 Arch Tubes, Water Bar The agency shares the concerns of the inspection, no steam locomotive be Tubes, Circulators, and Thermic task force that a ‘‘blanket’’ requirement allowed to start a service day unless/ Siphons that arch tubes be replaced when the until all of the locomotive’s air In § 230.61 of the NPRM, FRA 1472 service day inspection is compressors are properly operating. proposed that every time a steam performed could be misinterpreted by FRA believes that no steam locomotive boiler is washed (a) its arch owners and/or operators, leading to the locomotive should be allowed to begin tubes, water bar tubes, circulators, and mistaken belief that they were only service unless all of its air compressors thermic siphons be cleaned, washed, required to replace arch tubes at that are properly operating. The agency and inspected; and at every annual time. recognizes that locomotives do inspection that (b) defective arch tubes experience equipment failures while and/or water bar tubes be renewed, Section 230.68 Speed Indicators operating away from service facilities defective circulators and thermic Under § 230.68, all steam locomotives and, in such instances, will allow a siphons be renewed or repaired; and (c) that operate on the general system of steam locomotive suffering a arch bar tubes, water bar tubes, and railroad transportation at speeds in compressor failure to finish its service circulators be examined through excess of 20 miles per hour are required for that day provided that a safe level of nondestructive means, with those found to be equipped with speed indicators air for the service being performed is to have wall thickness reduced below maintained to ensure accurate continuously maintained. required levels replaced or repaired. functioning. Grand Canyon Railway and Diversified Rail Services commented Minnesota Transportation Museum Section 230.71 Orifice Testing of that the rule should require that arch bar commented that the speed indicator Compressors tubes be replaced every 1472 service requirement should be the same as that Section 230.71(b) of the NPRM day inspection. Diversified Rail also for nonsteam locomotives (found at 49 referenced a published table which lists observed that removing the arch bar CFR 229.117). the compressors commonly used on tubes would allow for a full inspection With the stipulation that the term steam locomotives. The compressor size of all telltales and staybolts. Grand ‘‘accurate functioning’’ be further of one of Westinghouse compressors is Canyon Railway commented that this explained, the task force members listed in the table as ‘‘150 HP 81⁄2 CC’’ section should specify that the recommended that this section remain and another as ‘‘120 LP 81⁄2 CC’’. locomotive owners and/or operators are as written. The task force issued its Tennessee Valley Railroad commented responsible for compliance therewith. recommendation in the belief that FRA that these compressors should be listed The NBBPVI commented that the can adequately address the issue of as ‘‘150 cfm’’ and ‘‘120 cfm’’ reference in the section-by-section what it considers to be ‘‘accurate respectively. In the discussion of analysis of § 230.61 to § 230.45 of the functioning’’ of the speed indicator in Tennessee Valley’s comments, it was 1978 standards was inaccurate or the preamble to the final rule. observed that at one time Westinghouse incomplete. had used the terms ‘‘HP’’ and ‘‘LP’’ in After careful consideration of Section 230.70 Safe Condition of Brake and Signal Equipment rating its compressors’’ output. Diversified Rail Services’ comments and The task force, agreeing in principle recommendations, the task force This section establishes: (a) the with Tennessee Valley Railroad, consensus was that adopting in the final criteria for performing a pre-departure recommended that, for the sake of rule the requirement that steam inspection of a steam locomotive at the consistency and ease of compliance, the locomotive owners and/or operators beginning of each day the locomotive is table rate all compressors in terms of perform an ultrasonic inspection of the used; and (b) a requirement that each cfm. arch tubes every time the boiler is steam locomotive and/or locomotive In the interests of consistency and washed and repair or replace those not tender be equipped with a clearly ease of enforcement, FRA is changing safe and suitable for operation will identified emergency brake valve. Grand the terminology for the aforementioned adequately address those safety Canyon Railway, commenting on steam locomotive compressors to ‘‘150 concerns raised. The task force believes subsection (a)(2)’s requirement that the cfm’’ and ‘‘120 cfm’’ respectively. that this is more prudent than an steam locomotive air compressor or absolute requirement that arch tubes be compressors be in condition to provide Section 230.72 Testing Main replaced every 1472 service days since ‘‘an ample supply of air for the Reservoirs that could be interpreted as requiring locomotive service intended,’’ urged This section establishes (a) how and replacement of the arch tubes only at that the rule be rewritten to allow a when main reservoirs must be hammer that time. The task force then steam locomotive to continue to operate and hydrostatically tested; (b) how and considered NBBPVI’s comments, as long as it is able to provide a safe when main reservoirs may be drilled agreeing that the reference as cited in level of air for the service the train is with telltale holes; (c) testing the section-by-section analysis was being operated in. procedures for welded main reservoirs inaccurate and incomplete. The task The task force took exception to without longitudinal lap seams; and (d) force’s recommendation was that the Grand Canyon Railway’s comments. testing procedures for welded or riveted section-by-section analysis of § 230.61 After due consideration, the task force’s main reservoirs with longitudinal lap be amended to include reference to recommendation to FRA was that the seams. Tennessee Valley Railroad §§ 230.14 and 230.46 of the 1978 Rule. agency allow any steam locomotive requested clarification on testing FRA believes that requiring that an equipped with 2 or more air methods for welded main reservoirs, ultrasonic inspection of the arch tubes compressors that experiences a commented that the testing

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Several task force when necessary; and (c) which the lead values was missing a parens at the end. members pointed out that steam steam locomotive is required to display The task force agreed that the locomotives are continuously exposed when 2 or more steam locomotives are language of the part of § 230.72 dealing to water, steam, smoke, ash, and coal used in the same train. Grand Canyon with drilling of main reservoirs (part b) dust; all of which have the potential of Railway commented that this section needs to be clarified. Since the intent of getting inside and ‘‘fouling’’ the airbrake should follow the language of the diesel this part is to restrict drilling of main system. regulation (49 CFR 229.125(a)—(c)), FRA remains firmly convinced that, reservoirs to welded reservoirs built to thereby clarifying the requirements and because of the environmental conditions a safety factor of 5, the task force providing for the dimming and in which steam locomotives operate, the recommended that the first word of extinguishing of the lead steam air brake system on these locomotives § 230.72(b), ‘‘every’’ should be replaced locomotive headlight when a non-steam must be cleaned and tested no less with the term ‘‘only,’’ thereby making locomotive is on the point (actually in frequently than after 368 service days clear that drilling is only allowed on the lead). main reservoirs meeting the specified accrue or during every second annual The task force agreed that § 230.86(c), criteria. There was also unanimous inspection, whichever comes first. as written, is subject to agreement that—given the potential for Section 230.75 Stenciling Dates of misinterpretation and could be read as serious injury and death resulting from Testing and Cleaning requiring the lead steam locomotive a main reservoir failure—there is a need Section 230.75 requires that the date have its headlight on at all times for non-destructive testing of main between sunset and sunrise regardless reservoirs in order to determine when of testing and cleaning and the initials of the shop or station where the work of whether the lead steam locomotive wall thicknesses become dangerously was actually the lead locomotive on the thin. The task force agreed with NBBPVI was done be legibly stenciled on the tested parts or displayed under train. The task force, therefore, that the formula in section (c) for recommended that the word ‘‘steam’’ be determining wall thickness is incorrect, transparent cover in the steam locomotive cab. Grand Canyon Railway struck from § 230.86(c) of the final rule. recommending that another parenthesis FRA acknowledges that § 230.86(c), as be inserted to the right of the one commented that the shop and/or station where the testing and cleaning was written in the NPRM, was subject to following .6P, resulting in the correct misinterpretation and is amending the formula of t=[PR/[S-.6P]]. performed should be spelled out. The task force agreed that this section language of this section in the final rule After review of the comments and the of the rule should remain as written. by striking the word ‘‘steam.’’ The task force recommendations, FRA is Several task force members noted that agency’s primary objective in this making a small but significant change in this section merely sets the minimum section is ensuring that whenever a the language of part (b): striking the first stenciling requirement and owners and/ locomotive is used in the lead position, word ‘‘every’’ and replacing it with the or operators are free to stencil additional it is displaying a headlight. restrictive term ‘‘only.’’ The agency feels information if so desired. Section 230.88 Throttles that this change will alleviate any FRA is leaving this section unchanged confusion over when drilling of main in the final rule. The agency will allow This section provides that throttle reservoirs is allowed. FRA remains steam locomotive owners and/or must be safe and suitable for service and convinced that non-destructive testing operators to provide (stencil) additional, equipped with an effective means for of main reservoirs must be done on an more detailed information provided the holding the throttle lever in any desired annual basis in order to minimize the basic requirements of the final rule are position. A number of comments were risk of a structural failure of a main met. received on the issue of throttle locking reservoir under pressure. devices and on the need to include in Section 230.82 Fire Doors and the rule a ban on tampering with safety Section 230.74 Time of Cleaning Mechanical Stokers devices. Diversified Rail Services, Ohio Section 230.74 of the NPRM provides Section 230.82 establishes the Central Railroad System, St. Louis that all valves, related dirt collectors, requirements for steam locomotive fire Steam Train Association, and Tennessee and related filters shall be cleaned and doors. The NBBPVI commented that the Valley Railroad each submitted tested as per accepted brake equipment words ‘‘and mechanical Stokers’’ should comments urging FRA to require throttle manufacturer specifications or as often be deleted from the section title since locking devices on steam locomotives. as necessary to maintain in a safe and there is no mention of fire doors in this Diversified Rail Services and Tennessee suitable condition for service, with section. Valley Railroad also urged the inclusion cleaning and testing required after 368 The task force was in agreement that of language expressly forbidding the service days or at the time of the second the words ‘‘and mechanical stokers’’ are removal of or failure to properly annual inspection, whichever occurs excess verbiage and should be deleted maintain safety devices. first. Tennessee Valley Railroad as their inclusion could mislead readers The task force, while recognizing the commented that the wash dates are into thinking that section of the rule was concerns raised in the comments, was in inconsistent, recommended that the rule incomplete as published. agreement that there is no need to add allow owners and/or operators of steam FRA agrees that the words ‘‘and a specific requirement for throttle locomotives equipped with diesel type mechanical stokers’’ are unnecessary locking devices to the rule. In the air systems to adopt the washing and and even possibly confusing and is, discussion of this issue, several task testing schedule of similarly equipped therefore, striking them from the force members observed that the diesel locomotives. heading for § 230.82. requirement in this section that

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‘‘efficient means [be] provided to hold method of NDE for the testing of the approve or deny requests to perform throttle levers in any desired position’’ locomotive pins and drawbar. FRA also such repairs beforehand. may be read as requiring the use of believes that, if a visual inspection of Section 230.106 Steam Locomotive throttle-locking devices to lock throttle the pins and drawbar is performed and Frame levers in the off position when that is fails to detect any defects, an additional the desired position. The task force also examination of the pins and drawbar Section 230.106(a) establishes the felt that the addition of a specific must be performed utilizing another cleaning, inspection, and maintenance provision prohibiting tampering with appropriate method of NDE. requirements for steam locomotive safety devices was unnecessary in light frames, decks, plates, tailpieces, Section 230.96 Main, Side, and Valve of § 230.4(a)’s general prohibition on the pedestals, and braces—requiring Motion Rods use of steam locomotives or tenders that cleaning and thorough inspection of are not in proper condition and safe to Section 230.96 sets forth (a) when these parts whenever the steam operate. main, side, or valve rods must be locomotive is shopped for ‘‘heavy FRA believes the requirement under removed from service; (b) how and repairs.’’ Grand Canyon Railway took this section that throttles be maintained when repairs of main, side, or valve exception to this section as written, in safe and suitable condition for service rods may be made; (c) the criteria for commenting that if the cleaning and with efficient means to hold the throttle bearings and bushings; (d) how much inspection requirement is tied to the lever in any desired position imposes a rod side motion is acceptable; (e) the performance of ‘‘heavy repairs’’ then duty on steam locomotive owners and/ requirements for oil and grease cups; (f) that term should be defined. or operators to include a throttle locking limits on main rod bearing wear; and (g) The task force agreed that the term device on the steam locomotive if a wear limits on side rod bearings. Grand ‘‘heavy repairs’’ is not essential since it locked throttle is a desired position. Canyon Railway and Tennessee Valley is only used once in the proposed rule. FRA further believes that the general Railroad submitted comments in which The task force quickly reached requirement that steam locomotives be they expressed disagreement with the consensus that the term ‘‘heavy repairs’’ maintained in the proper condition and requirement in subsection (b) that steam should be stricken from the rule. It was safe to operate includes a prohibition on locomotive owners and/or operators decided to recommend that § 230.106(a) tampering with safety devices since an submit a written request to FRA for be changed to require that frames, decks inoperative or altered safety device is by approval prior to doing any welding of plates be cleaned ‘‘as often as necessary definition not in the proper condition. defective main rods, side rods, and to maintain in a safe and suitable valve gear components. Grand Canyon condition for service, with cleaning Section 230.90 Draw Gear Between Railway, concerned that steam intervals not to exceed every 1472 Steam Locomotive and Tender locomotive owners and/or operators service days.’’ This section establishes (a) the would likely incur long delays waiting FRA believes the term ‘‘heavy maintenance and testing criteria for the for agency approval during which the repairs’’ is very subjective and would be draw gear; (b) the requirements for owners and/or operators would not be difficult to define clearly and concisely. safety bars and/or safety chains; (c) the able to use their steam locomotives, Therefore, the agency has decided to minimum length of safety chains and/or urged instead that the owners and/or accept the task force’s recommendations safety bars; (d) the permissible limits for operators be permitted to perform and is changing this section by striking lost motion between steam locomotives welding on the rods (as per accepted the words ‘‘each time the steam and tenders; and (e) the conditions national standards) and then submit locomotive is in shop for heavy repairs’’ under which spring buffers may be used detailed notification to FRA. The task and replacing them with the words ‘‘as between steam locomotives and tenders. force quickly reached consensus on this often as necessary to maintain in a safe Ohio Central Railroad requested issue, emphatically agreeing that the and suitable condition for service, with clarification on the intent of subsection reporting requirement should remain as cleaning intervals not to exceed every (a); specifically questioning whether written in the NPRM. The task force 1472 service days.’’ visual inspection is considered a form of members agreed that, because rod Section 230.109 Tender Trucks nondestructive examination (NDE). welding is a relatively new procedure Tennessee Valley Railroad also and can involve welding on a number Subsection (d) establishes a requested clarification on the language of different types of metals, there is requirement that all tenders be and intent of the visual testing need for uniform oversight and prior equipped with devices or securing requirement and the additional testing approval to minimize the possibility of arrangements to prevent the separation requirement. these repairs being done improperly. It of the tender body and trucks in the The task force considered the was noted that an improperly repaired event of a derailment. This section drew comments submitted, but, in the end, rod could break and fly up into the comments from Ohio Central Railroad decided to recommend that this section locomotive, resulting in the serious System and the Tennessee Valley remain as published in the NPRM. The injury or death of crew members, Railroad. Ohio Central Railroad task force members felt that this section passengers, and bystanders as well as commented that the requirement is clearly explains that a visual inspection substantial damage to the steam vague and does not explain how such a of the draft gear between the steam locomotive, and the possible derailment device is to be setup and what the locomotive and its tender must be of the train. installation standard will be for tenders performed at every annual inspection FRA agrees completely with the task not originally equipped with such and, if the visual inspection fails to forces observations and devices. Ohio Central also requested uncover any defects, an additional recommendations. Given the potentially clarification on whether steam inspection using another form of NDE disastrous consequences if an locomotive tenders that were designed testing methods will be performed on improperly repaired side and/or valve and built without such securing devices the gear. rod were to break while the steam would be ‘‘grandfathered’’ in under the FRA believes that steam locomotive locomotive was operating in service, the rule and as to whether auxiliary water owners and/or operators should be agency believes that it is mandatory that and/or fuel cars are considered to be allowed to choose an appropriate it have the opportunity to review and tenders. Tennessee Valley Railroad

VerDate 29-OCT-99 19:33 Nov 16, 1999 Jkt 190000 PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 E:\FR\FM\17NOR2.XXX pfrm11 PsN: 17NOR2 62848 Federal Register / Vol. 64, No. 221 / Wednesday, November 17, 1999 / Rules and Regulations requested clarification as to what is a being able to continuously monitor the This jurisdictional statement ‘‘securing device’’ and stated its belief amount of water in the feed water tank summarizes the policy FRA has that this section is not needed and will greatly outweigh any financial burden implemented toward tourist operations place a major financial burden on those imposed on locomotive owners and/or for many years. FRA has explained that locomotive owners and/or operators operators. policy in a report to Congress (‘‘Federal whose tenders are not so equipped. Railroad Administration Regulatory Inspection Requirements The task force discussed this issue at Actions Affecting Tourist Railroads’’) in some length and finally decided to Appendix A to part 230 lists (for June1996, Congressional testimony, and recommend that this section be guidance purposes only) the inspection in many letters to individual tourist amended to adopt the requirements of requirements for daily, 31 service day, railroads and their associations over the the 1978 revisions to part 230. Under annual, and 5 year inspections. Listed last several years. Several rules have the 1978 revisions, when tenders are under item 18 of the daily inspection contained provisions specifically equipped with securing arrangements or requirements is a duty to inspect the concerning FRA’s exercise of devices, those arrangements or devices classification lamps. The Minnesota jurisdiction over tourist operations (e.g., must be maintained in safe and suitable Transportation Museum, Inc., took 49 CFR 234.3(c)). However, until now, condition for service. The effect of the exception to this requirement, FRA has not published its policy in the recommended change would be to commenting that the inspection CFR for easy reference. simply require that such devices must requirement for class lights should be be properly maintained when used. The deleted as such lights no longer have 49 CFR Part 230 task force members agreed to any function. Section-by-Section Analysis recommend that FRA consider only The task force disagreed with auxiliary water and/or fuel cars that are Minnesota Transportation Museum’s The following section-by-section semi-permanently or permanently comments. One task force member analysis discusses in more detail the coupled to the steam locomotive and observed that his steam locomotive changes and amendments made to the tender as tenders. operation utilizes class lamps whenever 1978 version of part 230. As an aid to FRA agrees with and is adopting the extra trains are run. The task force readers, FRA has denominated as ‘‘new’’ recommendations of the task force. decided to recommend that FRA retain sections of the final rule which lack a Section 230.109(d) will be amended by the requirement that class lamps be present counterpart. changing the language in the NPRM to inspected on a daily basis because, Subpart A—General read that ‘‘When a tender is equipped although unlikely, the need to In this subpart, FRA has added a with a device or securing arrangement illuminate these lamps could arise at series of provisions consistent with to to prevent the truck and tender body any time. those found in its other recent from separating in the event of a FRA is retaining the requirement that regulations. Through these uniform derailment, that device or securing classification lamps be inspected in the provisions, FRA makes explicit the arrangement shall be maintained in a final rule. The agency believes this scope, purposes and applicability of safe and suitable condition for service. requirement is justified because these rules and the potential FRA is making this change in the final whenever a steam locomotive is used on consequences of noncompliance with rule because of its concern that a steam operation that runs extras, the the rules once adopted. requiring the installation of truck need to use the class lamps may arise. securing devices/arrangements on Section 230.1 Purpose and Scope 49 CFR Part 209 tenders that were built without such (New) devices would impose substantial Section-by-Section Analysis financial costs on the locomotive This section clearly defines the scope owners and/or operators while The following section-by-section of part 230; explaining that these conferring minimal additional safety analysis discusses in more detail the standards are intended to establish benefits in return. changes and amendments made to minimum standards for inspection and Appendix A to part 209. maintenance of steam locomotives used Section 230.115 Feed Water Tanks In the NPRM, FRA proposed to on railroads to which this part applies. This section of the rule sets the include as an appendix to part 230 a Section 230.2 Applicability (New) requirements for steam locomotive feed discussion of the agency’s exercise of water tanks. Subsection (a) includes a jurisdiction over tourist railroads. FRA As described in the ‘‘Responsibility requirement that feed water tanks be has concluded that it is more logical to for Compliance’’ discussion, the task equipped with measuring devices that include this discussion in Appendix A force wanted to rewrite this part to make allow the amount of water in the tank to part 209, which already contains an clear that the steam locomotive to be measured from the locomotive cab agency statement of policy about its regulations would apply primarily to or tender deck. Tennessee Valley safety jurisdiction. Therefore, rather steam locomotive owners and/or Railroad commented that 3 truck Shay than including this jurisdictional operators. The task force’s proposed locomotives should be specifically discussion as an appendix to part 230, applicability section read as follows: excluded from this section or, in the FRA is amending appendix A to part ‘‘This part applies to any entity which alternative, a provision for the issuance 209. Because this discussion will be owns a steam locomotive or operates of waivers from this requirement should inserted into an existing policy one under a contract, agreement or be included in this section. statement that explains the basic lease. This part does not apply to The task force weighed Tennessee principles of FRA jurisdiction, it does entities that own or operate steam Valley’s comments but decided to not contain the discussion of those locomotives over track that is less than recommend against making the principles that was originally included 24 inches in gage or to entities that are suggested changes. The task force when proposed as an appendix to part considered ‘‘insular’’ by this agency.’’ members believed that compliance with 230. FRA has also changed the See Appendix A of part 209 for a this section will not be unduly discussion in ways that are intended to current statement of the policy on FRA’s burdensome and the safety benefits of make it more clear. exercise of jurisdiction.

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Although the agency changed this is important to clarify that the smallest who otherwise might be adversely language to text that is more in keeping gage railroads are not included. Second, affected by the magnitude of changes with the purpose and language of the this section does not apply to ‘‘plant’’ being implemented. This applicability provisions of FRA’s other railroads that exclusively operate freight implementation language was rules, the changes made do not conflict trains on track inside an installation that strenuously debated by the task force with the task force’s recommendation is not part of the general system of members. The task force’s greatest that the rule clearly place primary transportation, this is a standard concern was that steam locomotive responsibility for compliance with the provision. Third, this section does not owners and/or operators would be rules on the owner and/or operator of apply to urban rapid-transit operations required to conduct an inspection the locomotive. By design, the that are not connected to the general equivalent to that required by this rule’s applicability section explains the type system of transportation. This is also a § 230.17 sooner than they would be of rail operations to which the rule will standard provision that merely restates required to do so under § 230.10 of the apply, not upon whom responsibility for the statutory limit on FRA’s jurisdiction 1978 standards. The task force was also compliance will lie. By statute, FRA has for the convenience of the reader. concerned that steam locomotive jurisdiction over all railroads (except for Finally, this section excludes from its owners and/or operators not be granted urban rapid transit operations not reach railroads that operate passenger a ‘‘windfall’’ and allowed so much time connected to the general system), but it trains only on track inside an insular under the new standards to perform frequently limits the reach of a installation—operations limited to required inspections that safety could be particular rule to less than the entire separate enclaves in such a way that the compromised. The task force’s primary universe of railroads, using the safety of those not entering the enclaves concern was insuring that the new applicability section to clarify which is not affected by the operations. inspection requirements would be operations it intends to be covered by Insularity is destroyed, however, and applied retroactively to locomotives that the rule. Locomotive owners and/or the rule applies where any of the had complied with §§ 230.10 and 230.11 operators and other parties seeking following exists on its line: (1) A public of the 1978 standards within a certain guidance on whether they must comply highway-rail crossing that is in use; (2) period of time prior to the effective date an at-grade rail crossing that is in use; with this part should refer to § 230.8 of the rule. The task force had difficulty (3) a bridge over a public road or Responsibility for Compliance for in determining what was an appropriate commercially navigable waters; or (4) a guidance. That section specifically period of time prior to the rule’s common corridor with another railroad, explains to whom the rule applies. effective date in which to allow i.e., where operations are conducted Notwithstanding their elimination retroactive application of the new within 30 feet of those of any other from the applicability section, wherever inspection standards. Under the railroad. This section, too, is standard appropriate, the locomotive owner(s) compromise finally worked out by the and reflects the agency’s long-standing and/or operator(s) are specifically task force and adopted by FRA, policy on its exercise of jurisdiction identified in the rule as the party or performance of the 1472 service day over tourist and historic railroads. This parties best able to execute certain language is used where FRA intends to inspection, which must be conducted at delineated inspection and maintenance reach tourist railroads whose operations the time a § 230.10 inspection would responsibilities. Thus, the fact that the are not over the general railroad system have been required under the 1978 locomotive owner and/or operator are but affect public safety sufficiently to be standards, triggers the compliance not referred to by name in the covered by a particular rule. As requirement. Thus, with the exception applicability provision does not mean proposed, this section includes the of certain inspection and maintenance that they may not be held primarily word ‘‘installation’’ in its discussion of requirements that become effective one responsible for compliance. Section this part’s applicability to entities that year from the effective date of the rule, 230.2 should be viewed as describing operate ‘‘passenger’’ trains. While the steam locomotive owners and/or the extent of the agency’s exercise of its agency has included this term with operators must begin to comply with statutory jurisdiction in the area of specific reference to passenger part 230 when the 1472 service day steam locomotive safety, with § 230.8 operations in three of its rulemakings inspection becomes due under this rule. providing the practical compliance over the past few years, the agency Up until that time, however, compliance guidance that the task force believes that the regulated industry may with the regulations in effect prior to the recommended be included in the not be accustomed to seeing this term in effective date of this rule will be applicability section. Accordingly, the context of tourist railroads. It is the considered to be full compliance with § 230.2 explains that these standards agency’s view that an ‘‘installation’’ is this part. To provide additional apply to all railroads that operate steam simply a separate enclave off the general flexibility, however, the agency will locomotives, with four categorical system.1 continue to consider flue removal exceptions (three of which are extension requests made under the considered ‘‘standard’’ exceptions). Section 230.3 Implementation (New) provisions of § 230.10 of the 1978 First, this section does not apply to This section establishes a staggered standards for two years from the railroads of less than 24′′ gage. This implementation scheme. This scheme is effective date of the rule. Thus, for exception is not standard but is designed to provide flexibility to those example, a locomotive that received an consistent with the agency’s historical steam locomotive owners and operators inspection under § 230.10 of the 1978 approach to exercising its safety standards up to five years before the jurisdiction. Railroads operating on less 1 See Power Brake Regulations NPRM, 59 FR date of this rule would have, with this than 24′′ gage track have never been 47676 (September 16, 1994); Railroad Accident flue extension provision, a minimum of Reporting NPRM, 59 FR 42880 (August 19, 1994); considered railroads by the Federal and Grade Crossing Signal System Safety Final two years from the effective date of the railroad safety laws; generally being Rule, 59 FR 50086, (September 30, 1994). rule to conduct the 1472 service day considered miniature or imitation Subsequent publications in the Grade Crossing (GC) inspection required by these standards. railroads. In the context of this rule, and Accident Reporting (AR) arenas have included If the locomotive very recently received this language as well. See 61 FR 30940 (AR) (6/18/ which clearly applies to certain 96), 61 FR 31802 (GC), (6/20/96), and 61 FR 67477 the inspection required by § 230.10 of operations of less than standard gage, it (AR) (12/23/96). the 1978 standards, the locomotive

VerDate 29-OCT-99 19:33 Nov 16, 1999 Jkt 190000 PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 E:\FR\FM\17NOR2.XXX pfrm11 PsN: 17NOR2 62850 Federal Register / Vol. 64, No. 221 / Wednesday, November 17, 1999 / Rules and Regulations owner and/or operator will have the the FRA Form No. 4 at that time, will recently been adjusted for inflation entire period allowed under that section have a full year to do so before pursuant to the Federal Civil Penalties before having to conduct the required submitting the application. Likewise, if Inflation Adjustment Act of 1990, Pub. 1472 service day inspection. the FRA Form No. 4 has been updated L. 101–410, Stat. 890, 28 U.S.C. 2461 In addition, under this section, and verified within three years prior to note, as amended by the Debt Collection locomotive owners and/or operators the effective date of the rule but an Improvement Act of 1996, Pub. L. 104– may petition the agency for ‘‘special inspection satisfying § 230.10 of the 124 (4/26/96). For a more complete consideration’’ of the rule’s 1978 standards has not been conducted, discussion of the agency’s recent implementation. In order to qualify to the locomotive owner and/or operator penalty adjustments see Civil Monetary file a petition for special consideration, will have one year in which to conduct Penalty Inflation Adjustment, 63 FR the locomotive owner and/or operator the qualifying inspection before 11618 (March 10, 1998). must have either fully or partially submitting an application for special satisfied the 1472 service day inspection consideration. Section 230.5 Preemptive Effect (New) requirements within three years prior to Section 230.3 also contains provisions September 25, 1998 (the date of addressing the requirements related to This part is issued under the authority publication of the NPRM). If the the filing of the petition. This section of 49 U.S.C. 20106 and 49 U.S.C. 20701– locomotive is only in partial compliance requires petitions for special 20703. FRA believes that the broad field with the requirements of this section, it consideration to be accompanied by all preemption of the LBIA (49 U.S.C. will have to be in full compliance by the the locomotive records that show how 20701 et seq.), while the appropriate time the petition is actually filed. The many service days the locomotive has standard in the area of locomotive petition must be filed within one year accumulated since the last inspection safety, does not preempt state regulation from the effective date of the rule and conducted under the 1978 standards, of those steam locomotive operations must include all the documentation and the number of service days over which FRA has never exercised necessary to establish that the remaining before a 1472 service day jurisdiction, such as insular tourist locomotive is in compliance with the inspection must be conducted under the railroads and amusement rides. requirements of the 1472 service day ‘‘new’’ § 230.17. The task force was inspection standards. The agency must concerned about proving the submission Section 230.6 Waivers (New) respond to the petition within one year and response to the petition, so they of filing. Thus, the time involved in recommended, and FRA agreed to stress All waivers previously granted under filing a petition for special that these petitions should be sent by part 230 that are not filed for consideration and receiving FRA’s some form of registered mail to ensure reassessment with the FRA’s Office of response to that petition, will be the a record of delivery. For its part, the Safety prior to the effective date of this same as the two-year grace period agency will respond to all such petitions rule will lapse on that date. However, allowed to non-petitioning locomotive by registered mail within one year of under the terms of this provision, the owner and/or operators who utilize the receipt. In addition, this section agency will review those waivers that available flue extension provision. If contains provisions addressing the are timely filed and notify applicants FRA does not respond in a timely effect of the petition’s disposition on the whether the waiver has been continued. fashion, the locomotive owner and/or implementation requirements. If the The one exception to this is where the operator awaiting the response will be agency grants the petition, the waiver granted was for a ‘‘flue granted an additional extension of up to requirements will become effective extension.’’ Those waivers 6 months or until the time the agency’s upon receipt of the response letter. automatically expire one year from the decision is received, whichever occurs Likewise, if the agency denies the date granted. first. petition, the rule will become effective The distinction between ‘‘full’’ and as though the petition had never been The reason FRA has eliminated the ‘‘partial’’ satisfaction of the 1472 service filed. granting of waivers under part 230 is to day inspection requirements is made in Finally, because many task force correct the misapplication of § 230.158 reference to the two-step procedure that members were concerned about the of the 1978 standards for inspection and must be complied with under problem of potential untimeliness in the maintenance of steam locomotive subsection (a) of § 230.17. This consists agency’s response, this section boilers and flues. Under the 1978 of the general inspection requirements addresses the effect of agency silence standards, railroads operating fewer and the requirement that the FRA Form within the one year response time than 5 locomotives were allowed to No. 4 be updated and verified at that period. Under this rule, the petitioner apply for waivers from the requirements time. A locomotive owner and/or must notify the agency if a response to of Subpart B—Steam Locomotives and operator who has satisfied both of these the petition for special consideration Tenders. This section was intended to requirements within three years prior to has not been received within the apply only to those regulations in the effective date of this rule will be prescribed one year period. Operators at Subpart B; in practice, it was extended able to file the petition the day the rule the end of their inspection cycle, who to apply to Subpart A as well. becomes effective. A locomotive owner have not received a response from the Consequently, operators were often and/or operator that has only satisfied agency within the one year provided, granted waivers from compliance with one requirement, however, has only will be allowed to operate under the the provisions of Subpart A. ‘‘partially’’ satisfied the requirements of 1978 standards for an additional 6 § 230.17 and will have until the term of months, or until they receive FRA’s In addition, the agency is using this the petition process, one year, to satisfy decision, whichever occurs first. section to make clear that its waiver the second requirement. For example, a process, described in 49 CFR part 211, locomotive owner and/or operator who Section 230.4 Penalties (New) has now been centralized. As such, this inspected their locomotive under This section incorporates the section cites to part 211 of this chapter § 230.10 of the 1978 standards within maximum penalties provided for in the for the appropriate standards when three years prior to the effective date of Federal railroad safety laws. These filing petitions for waiver from the this rule, but did not update and verify penalty amounts, however, have requirements of part 230.

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Section 230.7 Responsibility for FRA is making its liability standards Section 230.10 Information Collection Compliance (New) more specific. This definition (New) distinguishes between these relevant This section restates, in regulatory This section is included for the entities in order to make clear that a language, the provisions of Chapter 207 convenience of the reader. Imposing no locomotive may be owned and operated of Title 49 of the United States Code: new requirements upon regulated by separate entities. commonly referred to as the Locomotive entities, it simply represents the Inspection Act. This section also MAWP: This definition is non- agency’s certification that it has designates the party or parties substantive and is included for complied with all Office of Management responsible for ensuring that the clarification purposes only. and Budget review requirements requirements of part 230 are satisfied. NBIC: This definition is non- pursuant to the Paperwork Reduction See the discussion in section VI(A) substantive and is included for Act of 1980 (44 U.S.C. 3501 et seq.). The titled ‘‘Responsibility for Compliance,’’ clarification purposes only. review and approval process reflected in above. NDE: This definition is non- this provision are explained in greater Section 230.8 Definitions (New) substantive and is included for detail below. clarification purposes only. The following is an explanation of General Inspection Requirements NPS: This definition is non- each definition that FRA is adding or Section 230.11 Repair of Non- substantive and is included for amending in this final rule. Complying Conditions (New) Alteration: This definition clarification purposes only. incorporates the NBIC definition to Railroad: This definition incorporates This section adopts the requirement harmonize concepts within the the statutory definition of railroad in 49 in part 229 that non-complying industry. U.S.C. Sec. 20102. locomotives be repaired before being ANSI: This definition is non- Renewal: This definition incorporates returned to service. In addition, it substantive and is included for industry concepts and is not intended to affixes the responsibility for such clarification purposes only. have substantive effect. repairs and for approving any API: This definition is non- noncomplying conditions that are not Repair: This definition incorporates substantive and is included for repaired on the locomotive owner and/ the NBIC definition to harmonize clarification purposes only. or operator. concepts within the industry. ASME: This definition is non- Serious Injury: This definition Section 230.12 Movement of Non- substantive and is included for Complying Steam Locomotives (New) clarification purposes only. incorporates the definition of serious Boiler Surfaces: This definition was injury from the ‘‘FRA Guide for This section makes part 230 current added to make clear what areas of the preparing Accident Incident Reports’’ with part 229 by incorporating the boiler are referenced throughout the (Effective: January 1997). concept of movement for the purpose of rule. Service Day: As described in the repair. Under this section, locomotive Break: This definition incorporates inspection section above, the agency is owners and/or operators are allowed to the distinction between ‘‘break’’ and revising the inspection time periods move a noncomplying locomotive for ‘‘crack’’ delineated in part 229. throughout this part, basing them on a the purpose of repair, after the Code of Original Construction: This new ‘‘service day’’ concept. Service day locomotive owner and/or operator has definition is non-substantive and is is defined as each and every calendar determined that the locomotive is safe included for clarification purposes only. day that a steam locomotive boiler has to be so moved. Upon consideration of Crack: This definition incorporates steam pressure above atmospheric the comments received, FRA and the the distinction between ‘‘break’’ and pressure with fire in the firebox. Each task force amended this section to ‘‘crack’’ delineated in part 229. such day will count as a ‘‘service day’’ provide for the movement of Dead-in-tow: This definition is for the locomotive. noncomplying steam locomotive. The intended to provide guidance as to Stayed Portion of the Boiler: This task force felt strongly that this when a non-complying steam definition establishes a threshold for provision was necessary to locomotive may be moved. distinguishing between stayed and accommodate the operating exigencies Lite Locomotive: This definition is unstayed portions of the boiler, both of which may occur in the course of steam intended to provide guidance as to which are identified in this part. It is locomotive operations. when a non-complying steam not intended to have substantive effect. Section 230.13 Daily Inspection locomotive may be moved. Steam Locomotive: This definition Locomotive Operator: As discussed in This provision adopts, without modifies the 1978 standard’s definition the liability section above, in substantive change, the existing of ‘‘locomotive’’ to make it specific to a recognition of the fact that many regulations governing the daily ‘‘steam locomotive.’’ It has been locomotives are owned and operated by inspection of steam locomotives. rewritten for grammatical clarity. entities other than railroad companies, Section 230.14 31 Service Day FRA is making its liability standards Unstayed Portion of the Boiler: This Inspection (New) more specific. This definition definition establishes a threshold for distinguishes between these relevant distinguishing between stayed and This provision, while not entities in order to make clear that a unstayed portions of the boiler, both of substantively changing the inspection locomotive may be owned and operated which are identified in this part. It is requirements for steam locomotives, by separate entities. not intended to have substantive effect. adds a requirement that locomotive Locomotive Owner: As discussed in Wastage: This is a technical owners and/or operators notify FRA the liability section above, in definition; included for the purpose of before performing a 31 service day recognition of the fact that many clarifying required minimum inspection and revises the time interval locomotives are owned and operated by thicknesses and condemning limits for within which certain inspections must entities other than railroad companies, the boiler. be performed.

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Section 230.15 92 Service Day regulated entities, the agency believes Subpart B—Boilers and Appurtenances Inspection (New) that the additional burdens so imposed Section 230.23 Responsibility for are substantially outweighed by the This provision imposes no new General Construction and Safe Working benefits the regulated community will inspection requirements for steam Pressure locomotives but revises the time frame realize from the new inspection time This section makes the locomotive within which certain inspections must periods. owner and operator, both, jointly and be performed. Section 230.19 Posting of FRA Form severally responsible for the general Section 230.16 Annual Inspection No. 1 and FRA Form No. 3 design and construction of the (New) There are no new recordkeeping locomotive boiler. Section 230.1 of the This provision makes no substantive requirements imposed upon locomotive 1978 standards placed that change in the annual inspection of owners and/or operators under this responsibility on the ‘‘railroad steam locomotive requirements, except section. The FRA Form No. 1, 31 service company.’’ This change, made on to add a requirement that locomotive day and 92 service day inspection report account of the changes which have owners and/or operators notify FRA required under this rule, is equivalent to occurred in the steam locomotive before performing annual locomotive the monthly inspection report formerly industry since the original steam rules inspections. required under §§ 230.51 and 230.160 of were promulgated, places responsibility the 1978 standards. The required FRA for the locomotive on the locomotive Section 230.17 1,472 Service Day Form No. 3, annual inspection report, is owner and/or operator, the parties in the Inspection (New) equivalent to the annual inspection best position to assume that This provision revises the time frame report formerly required under responsibility. Under this rule, within which certain inspections must §§ 230.52 and 230.161 of the 1978 responsibility is affixed on the be performed and imposes a standards. locomotive owners and operators requirement that steam locomotive regardless of whether they are railroad owners and/or operators complete, Section 230.20 Alteration and Repair companies. Report for Steam Locomotive Boilers update, and verify the steam Allowable Stress locomotive’s FRA Form No. 4 at the This section imposes recordkeeping time of the locomotive’s 1472 service requirements upon locomotive owners Section 230.24 Maximum Allowable day inspection and file the FRA Form and/or operators. FRA Form No. 19 is Stress No. 4 with FRA within 30 days of the alteration report regulated entities This section, while not substantively completion of the inspection. See the were required to file under § 230.54 of changing § 230.2 of the 1978 standards, analysis in section IX(B)(5), above. the 1978 standards. Under this rule, the rephrases some of the wording in order Recordkeeping Requirements locomotive owner and/or operator is to help clarify and eliminate any required to file a FRA Form No.19 ambiguities or confusion arising Section 230.18 Service Days (New) whenever alterations that affect the thereunder. information on the FRA Form No. 4 are This provision imposes a new Section 230.25 Maximum Allowable made and/or whenever welded or recordkeeping requirement on the Stress on Stays and Braces owners and/or operators of steam riveted repairs are made to the unstayed locomotives. Under this section, portion of the locomotive boiler. Other than removing the distinction locomotive owners and/or operators are Locomotive owners and/or operators between locomotives constructed before required to keep a current service day also must make out and maintain (but and after 1915, which the task force and record showing the number of service not file with FRA) FRA Form No. 19s FRA both believe is no longer relevant, days the steam locomotive has accrued whenever welded or riveted repairs are this section is substantially the same as since its last 31 service day, 92 service made to stayed portions of the § 230.3 of the 1978 standards. day, annual and 1472 service day locomotive boiler. Strength of Materials inspection. Locomotive owners and/or Section 230.21 Steam Locomotive Section 230.26 Tensile Strength of operators are also required to file a Number Change (New) report with FRA each January 31, Shell Plates detailing the number of service days This section incorporates This section of the final rule adopts, each steam locomotive accrued during requirements originally issued by the without change,§ 230.4 of the 1978 the preceding calendar year. Failure to former Interstate Commerce standards. file this report will result in the Commission in its ‘‘Interpretations, Section 230.27 Maximum Shearing locomotive being considered ‘‘retired.’’ Rulings and Explanations on Questions Strength of Rivets In order to return a ‘‘retired’’ locomotive Raised Regarding the Laws, Rules, and to service, the locomotive owner and/or Instructions for Inspection and Testing This section of the final rule adopts, operator will have to first perform a of Steam Locomotives and Tenders and without change, § 230.5 of the 1978 1472 service day inspection. The agency Their Appurtenances’ (ICC standards. realizes that exigencies do arise and, as Interpretations). Section 230.28. Higher Shearing such, does not intend to be totally Section 230.22 Accident Reports Strength of Rivets inflexible in the enforcement of this recordkeeping requirement. Should a This section, which retains the This section of the final rule adopts, service day report be filed a day or two requirements of § 230.162 of the 1978 without change, § 230.6 of the 1978 late, the agency will give the operator standards, details when a railroad must standards. the benefit of the doubt and accept the report an accident involving a steam Inspection and Repair report as though it had been timely locomotive boiler and/or appurtenance, filed. how and to whom the report must be Section 230.29 Inspection and Repair While these changes impose some made, and what information must be This section combines the concepts additional recordkeeping duties on conveyed in the report. embodied in §§ 230.7 and 230.12 of the

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1978 standards. The task force having to disassemble so much of the Section 230.32 Time and Method of recommended changing the party locomotive. Inspection charged with responsibility for Section 230.31 Flues To Be Removed This section combines the boiler inspection and repair of the locomotive inspection requirements previously boiler from the ‘‘mechanical officer in This section revises the time period contained in §§ 230.9, 230.11, 230.15 charge at each point where boiler work within which locomotive owners and/or and 230.16 of the 1978 standards, and is done’’ to the steam locomotive owner operators must remove all flues of rewrites them for clarity. The task force and/or operator. FRA agreed to make the locomotive boilers and conduct a felt that the various inspection recommended changes in this section thorough inspection of the boiler. requirements should be consolidated because few steam operations still have Section 230.10 of the 1978 standards into one section and made more chief mechanical officers, and the explicit. agency wanted to make ‘‘liability’ as required that flue removal and consistent as possible throughout the inspection be done at least once every Section 230.33 Welded Repairs and rule. This section also requires the four (4) years. This section allows the Alterations (New) locomotive owner and/or operator to locomotive owner and/or operator to This section specifies when welding leave the superheater flues in the boiler remove a locomotive boiler from service may be done on stayed and unstayed and perform the inspection using NDE whenever they, or the FRA inspector, portions of the locomotive boiler. considers it necessary due to the methods to assess their condition, Subsection (a) requires the locomotive presence of other defects. The task force provided two conditions are satisfied. owner and/or operator to obtain prior originally had some concern about FRA These conditions are: (1) that the NDE written approval of the FRA Regional inspectors’ exercise of discretion in this testing shows that the superheater flues Administrator before performing any arena. However, it was agreed that the are safe and suitable for locomotive welding on unstayed portions of boilers agency will act in good faith and do its service; and (2) that the boiler can be containing alloy steel, or carbon steel best to minimize any disruption of the entered to be cleaned and inspected with a carbon content greater than .25 operator’s service whenever such without their removal. However, under percent. It also requires that any concerns arise. The task force also this section, the locomotive owner and/ welding so approved be conducted in recommended that FRA allow for non- or operator will still be required to accordance with an accepted national destructive testing in the investigation remove the superheater flues if they—or standard for boiler repairs. See section of any ‘‘safety concerns’’ identified. the FRA inspector—believe doing so is IX(D)(1), above, for a discussion of this This section also makes more specific necessary for some identifiable safety standard. the repair standard in § 230.12 of the concern. Subsection (b) provides that 1978 standards, requiring that all This section also deletes the provision locomotive owners and/or operators defects disclosed be repaired in must perform welding to unstayed in the 1978 standards that authorized accordance with accepted industry portions of boilers containing carbon FRA to grant extensions of the time standards. These ‘‘accepted industry steel not exceeding .25 percent carbon period within which flues must be standards’’ include established railroad in accordance with an accepted national practices, or NBIC or API established removed. The task force felt that the 15- standard for boiler repairs. Both standards. See section IX(D), above, for year ‘‘drop dead’’ time limit for subsections (a) and (b) require the a discussion of the meaning of conducting the 1472 service day locomotive owner and/or operator to ‘‘established railroad practices.’’ This inspection should be the absolute satisfy the reporting requirements file an section also replaces the ‘‘satisfactory maximum amount of time a steam FRA Form No.19, Report of Welded condition’’ repair standard of the 1978 locomotive may operate without having Repair, as discussed in § 230.20. standard’s § 230.12 with the the flues removed. Under the 1978 Subsection (c) restricts the use of requirement that a locomotive boiler standards, operators who were required weld build up for wasted areas of may not be returned to service unless it to remove their locomotive flues once unstayed surfaces of the boiler. A is in good condition and ‘‘safe and each four years (which could become locomotive owner and/or operator suitable for service.’’ five years with the use of ‘‘out of service desiring to build up by weld wasted Finally, this section requires that credit’’) could receive flue removal areas that exceed: (1) A total of 100 welded repairs to unstayed portions of extensions of as much as thirteen years. square inches; or (2) the smaller of the boiler made pursuant to § 230.33 be Since this section allows the time either 25 percent of the minimum performed in accordance with an period between flue removals to be required wall thickness or 1⁄2 inch must accepted national standard for boiler stretched out to a maximum of 15 years, submit a written request for approval to repairs. the task force felt that no further the FRA. This subsection also prohibits the use of weld build up for wasted Section 230.30 Lap-Joint Seam Boilers extensions were necessary. sheets that have been reduced to less This section clarifies and eliminates As discussed above in section IX(E), than 60 percent of the minimum ambiguous language in § 230.13 of the the task force strongly believes that thickness required by these rules. 1978 standards by explaining that operators should be encouraged to take Subsection (d) prohibits the ‘‘examined with special care’’ means advantage of new technologies in the installation of flush patches of any size removing enough lagging, jacketing, use and operation of steam locomotives. on unstayed portions of the boiler flues and tubes so that a thorough By allowing the operator to leave unless the locomotive owner and/or inspection of the entire joint (inside and superheater flues in the boiler as long as operator has submitted a written request out) can be made. FRA does not intend it could be determined that they were for prior approval to the FRA Regional for this section, which is otherwise safe and suitable for service without Administrator. unchanged from the 1978 standards, to removing them, the task force felt it was Finally, subsection (e) allows restrict the use of modern technology creating an incentive for operators to locomotive owners and/or operators to which may allow a ‘‘thorough utilize the latest NDE methods in perform welded repairs or alteration on inspection’’ to be performed without making that determination. stayed portions of the boiler in

VerDate 29-OCT-99 19:33 Nov 16, 1999 Jkt 190000 PO 00000 Frm 00027 Fmt 4701 Sfmt 4700 E:\FR\FM\17NOR2.XXX pfrm11 PsN: 17NOR2 62854 Federal Register / Vol. 64, No. 221 / Wednesday, November 17, 1999 / Rules and Regulations accordance with established railroad standards, a change the task force Staybolts practices or an accepted national recommended and FRA supports. Section 230.38 Telltale Holes standard for boiler repairs. In recognition of the fact that many Section 230.36 Hydrostatic Testing of This section consolidates the 1978 operations successfully use their own Boilers standards’ telltale hole provisions, welding procedures on stayed portions §§ 230.23 and 230.26, and the ‘‘reduced This section consolidates the 1978 body’’ staybolt section from the ICC of the boiler, the task force standards for the hydrostatic testing of recommended and FRA has agreed to Interpretations in one section. boilers and adds an additional allow locomotive owners and/or Subsection (a) retain § 230.26 of the requirement that the boiler temperature operators to use established ‘‘railroad 1978 standards but deletes, as moot, the must be raised to between 70 and 120 practices’’ as an acceptable standard for application date. Subsection (b) is a new welding on stayed portions of the boiler. degrees Fahrenheit every time the boiler provision written to import the ICC is subjected to hydrostatic pressure. interpretation for reduced body As discussed in the preamble, FRA This change incorporates the NBIC staybolts to part 230. Finally, subsection has grave concerns about the quality of standard for hydrostatic testing into the (c), derived from § 230.23 of the 1978 the welding being done on locomotive federal regulations for steam locomotive standards, creates a stand alone boilers. By enacting these changes, the provision for clarity and to emphasize agency believes that it has established inspection. In its consideration of these issues, the task force members were that telltale holes must be kept open at standards that will improve safety while all times, except as required in § 230.41. still providing operators with the divided over the purpose of the flexibility critical to their business hydrostatic test, and the pressure at Section 230.39 Broken Staybolts which such tests should be conducted. survival by allowing them to make This section amends § 230.25 of the Many operators believe that the purpose necessary repairs without incurring 1978 standards. Subsection (a) unnecessary costs. of the hydrostatic test is merely to test establishes the maximum number of the boiler for leaks—not to see if the broken staybolts allowed for each Section 230.34 Riveted Repairs and boiler is structurally sound at the time Alterations (New) locomotive boiler. Under § 230.25 of the of the test. To them, testing the boiler at 1978 standards, a locomotive boiler was This section establishes the the MAWP, as calculated in the FRA required to be taken out of service when procedures for performing riveted Form No. 4, serves the requisite safety it developed two (2) broken or plugged repairs and alterations on both unstayed function by disclosing leaks without staybolts adjacent to one another in any and stayed portions of the locomotive unnecessarily stressing (and part of the firebox or combustion boiler. Under subsection (a), the prematurely ruining) the boiler. Many in chamber; when three (3) or more locomotive owner and/or operator is the agency, however, felt strongly that staybolts were broken or plugged in a required to receive prior written the purpose of the hydrostatic test is to circle four (4) feet in diameter, or when approval from the FRA Regional test the boiler’s integrity—to disclose five (5) or more were broken or plugged Administrator before making any weaknesses in the structure of the boiler in the entire boiler. This section changes riveted alterations to unstayed portions that have not yet developed into defects. this standard by requiring that a boiler of the boiler. Any such riveting must be They also felt strongly that no be taken out of service when it develops done in accordance with established convincing data had been presented that either two (2) broken staybolts within railroad practices or an accepted testing a boiler at MAWP, as specified twenty-four (24) inches of each other, as national standard for boiler repairs. See on the FRA Form No. 4, would provide measured inside the firebox or the analysis for § 230.29, above, for a an equivalent level of safety. Because combustion chamber on a straight line, discussion of these repair standards. the parties could not reach a consensus or more than four (4) broken staybolts This subsection also requires the within the entire firebox and on this provision, the agency has locomotive owner and/or operator to combustion chamber combined. decided not to change the pressure satisfy, at this time, the reporting The NBIC requires boilers with one testing standard, keeping the required requirements listed in § 230.20. broken staybolt to be taken out of pressure for hydrostatic pressure testing Subsections (b) and (c) establish service and repaired. Although the task at 25 percent above MAWP, as specified force wanted to comport these standards guidelines for riveting locomotive on the FRA Form No. 4. boilers. Under these guidelines, all with the NBIC, they decided to riveted repairs to stayed and unstayed Section 230.37 Steam Test Following recommend that FRA allow for a second portions of the boiler must be made in Repairs or Alterations broken staybolt within twenty-four (24) accordance with established railroad inches in consideration of the practices or an accepted national This section adopts § 230.20 of the operational difficulties involved in standard for boiler repairs. 1978 standards, rewriting parts of it for immediately taking a boiler out of greater clarity. The one substantive service when one staybolt breaks. Pressure Testing of Boilers revision changes the pressure required Because prolonged exposure in a slowly Section 230.35 Pressure Testing (New) for the steam test from ‘‘not less than the progressive fail mode turns exponential allowed working pressure’’ to ‘‘between as additional staybolts break, and in This section sets a minimum 95 and 100 percent of the MAWP.’’ The order to minimize the overload on temperature requirement for the task force decided that setting a lower staybolts in the area of the one which application of hydrostatic pressure to pressure limit would reduce the stress has broken, the task force also locomotive boilers. The temperature of on the boiler without an accompanying recommended and this section has the locomotive boiler must be raised to adopted a requirement that staybolts reduction in safety—that 95 to 100 at least 70 degrees Fahrenheit anytime adjacent to those that break be inspected percent of MAWP would be adequate to it is tested under hydrostatic pressure. at the time the broken staybolt is This change, which incorporates the disclose unsatisfactory conditions in the replaced. NBIC temperature standard, brings FRA locomotive boiler. Subsection (b), requires broken standards in accord with NBIC staybolts detected during the 31 service

VerDate 29-OCT-99 19:33 Nov 16, 1999 Jkt 190000 PO 00000 Frm 00028 Fmt 4701 Sfmt 4700 E:\FR\FM\17NOR2.XXX pfrm11 PsN: 17NOR2 Federal Register / Vol. 64, No. 221 / Wednesday, November 17, 1999 / Rules and Regulations 62855 day inspection to be replaced at that caps are separate and distinct, the while editing it for purposes of clarity time, and broken staybolts detected agency is not including them in the and understanding. between 31 service day inspections to consolidation of testing requirements. Section 230.43 Gauge Siphon be replaced no later than 30 days from Section 230.21 of the 1978 standards the date of detection. The task force, required that staybolts be tested once a This section adopts § 230.29 of the although recognizing that a strict time month and immediately after every 1978 standards without any substantive period was required to ensure an hydrostatic test. In subsection (a), the change but rewrites it to enhance clarity adequate measure of safety, wanted to agency has relaxed this requirement and ease of compliance. take into account the fact that slightly by allowing the monthly Section 230.44 Time of Testing operational realities that might prevent inspection to be conducted once each owners and/or operators from repairing thirty-one (31) service days. The This section revises the requirements broken staybolts immediately. This requirement that staybolts be tested of § 230.30 of the 1978 standards in section reflects the task force consensus following each hydrostatic test is order to address the realities of modern that 30 days is a reasonable period of retained, but is more clearly explained. steam locomotive operations. Today, it time within which to make the Subsection (a)(1) makes allowance for is common practice for steam necessary repairs to the boiler and inaccessible staybolts that are drilled locomotive owners and/or operators to allows owners and/or operators to plan through their entire length. Under this remove gauges from their locomotives to when, within a 30-day time period, they provision, impediments making the prevent them from being stolen or want to take the locomotive out of staybolts inaccessible (brickwork, grate vandalized. Sometimes the removed service and replace the broken bolts. bearers, etc.) need not be removed to gauges are stored in conditions which This subsection also sets a requirement, hammer test the staybolts. The task may affect their calibration and consistent with the task force’s force members agreed that, since accuracy. Accordingly, this section recommendation, that the locomotive through-drilled staybolts would begin to imposes a requirement that gauges must owner and/or operator replace broken leak if broken, safety would not be be tested prior to being installed or staybolts eight (8) inches in length or sacrificed by granting owners and/or reapplied. In addition, for purposes of less with staybolts drilled with telltale operators a measure of flexibility in the consistency with the rest of the rule, holes three-sixteenths (3⁄16) to seven testing of such staybolts. this provision extends the time for thirty-seconds (7⁄32) inch in diameter Subsection (b) spells out the general periodic testing of gauges from once and not less than one and one quarter testing requirements for all forms of ever three months to whenever a 92 (11⁄4) inches deep in each end, or that staybolts. In this subsection, the task service day inspection is performed. have holes three-sixteenths (3⁄16) to force tried to combine all the different Finally, as recommended by the task seven thirty-seconds (7⁄32) inch in ‘‘method of testing’’ provisions from the force, this section incorporates the diameter their entire length. This 1978 standards (§§ 230.21–230.27). The requirement in § 230.30 of the 1978 requirement is based on the task force’s requirement that ‘‘not less than 95 standards that gauges be tested belief that drilled bolts are useful in percent of the MAWP’’ must be applied whenever any irregularity is reported. revealing progressive failures before if staybolts are tested while the boiler Section 230.45 Method of Testing they reach catastrophic proportions. contains water is a new one and reflects This section provides a more Subsection (c) imports from the ICC the task force’s consensus view. Interpretations the definition of complete description of the approved ‘‘broken’’ staybolts as those that are Section 230.41 Flexible Staybolts with method for testing steam gauges than leaking, plugged, or missing, in the Caps that found in the 1978 standards. interest of consolidating and This section rewrites § 230.23 of the Section 230.46 Badge Plates centralizing all current steam 1978 standards for enhanced clarity and This section retains § 230.32 of the locomotive requirements. adds several new requirements. Finally, subsection (d) prohibits the Subsection (a) extends the time 1978 standards in principle but corrects closing of broken staybolt ends by interval for removing the caps and the use of improper terminology by welding, forging or riveting This is in inspecting flexible staybolts from once deleting the term ‘‘boiler head’’ and accord with the ICC Interpretations every two (2) years to every 5th annual replacing it with the more correct term stating that telltale holes that are inspection. This change was made in ‘‘boiler backhead.’’ leaking, plugged, riveted over, or order to provide owners and/or Section 230.47 Boiler Number missing, will be counted as broken operators additional flexibility without This section retains § 230.33 of the staybolts. In this section, FRA has compromising safety. 1978 standards in principle but rewrites imposed a stricter standard for broken Subsection (b) has been rewritten for the text for clarity and to comport with staybolts as per the task force’s clarity and to eliminate superfluous the ICC Interpretations. recommendation. information. Subsections (c) and (d) incorporate Safety Relief Valves Section 230.40 Time and Method of the provisions of § 230.23 of the 1978 Staybolt Testing Section 230.48 Number and Capacity standards substantially unchanged but This section consolidates the edit it for clarity, deleting repetitious With the exception of two changes, requirements for staybolt testing text and moving some text to more this section retains the requirements for formerly found in §§ 230.21, 230.22, appropriate sections. For example, the the number and capacity of locomotive 230.24 of the 1978 standards and the 1978 requirement that the FRA Form safety relief valves found in § 230.34 of ICC Interpretations. Because the 1978 No. 3 be kept in the railroad company’s the 1978 standards. Subsection (a) standards did not treat rigid staybolts office has been relocated to § 230.19, the increases the relieving tolerance from and flexible staybolts without caps recordkeeping section of this rule. five (5) to six (6) percent above the differently, this section combines these MAWP. The task force recommended requirements into ‘‘staybolt testing’’ Section 230.42 Location of Gauges and FRA agreed to raise the tolerance to general requirements. Since the testing This section adopts § 230.28 of the six percent to reflect modern testing requirements for flexible staybolts with 1978 standards substantively unchanged practices. That figure was arrived at by

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This subsection also See the analysis for § 230.51, below. the costs this change imposes upon makes clear that FRA inspectors have Finally, this section adds a new steam locomotive owners and/or the authority to require proof of the requirement that the lowest set safety operators. They discussed at length the relieving capacity for safety relief valves relief valve pressure be indicated on a extra cost this requirement would on steam locomotives. tag or label and attached to the steam impose upon owners and/or operators, Subsection (b) makes explicit the gauge so that it may clearly be read concluding that the extra measure of requirement that additional safety valve while observing the gauge. Requiring safety measure afforded justifies the capacity must be provided if the this insures that the locomotive financial burden imposed. In addition to capacity testing demonstrates the need engineer and/or other crew members are the enhanced safety factor, as one to do so. In addition, this section provided with notice of the pressure member of the task force pointed out, acknowledges the use of the setting of the safety relief valve, thereby since gauge cocks are no longer being accumulation test as a method for allowing for easier detection of safety manufactured, their replacement would testing safety valve capacity. However, valve failure. be extremely problematic and very in so doing, FRA is not expressing a costly if any could even be found. The Section 230.50 Time of Testing preference that accumulation tests be task force was also concerned that used when determining safety relief This section adopts the requirements locomotive owners and/or operators be valve capacity. of § 230.36 of the 1978 standards while allowed sufficient time to make any Section 230.49 Setting of Safety Relief increasing the inspection time period necessary changes to their locomotive Valves from three months to ninety-two (92) boilers. Accordingly, this section service days for consistency with rest of implements the task force’s In this section, FRA has made several the inspection schedule. recommendation that implementation of changes to the requirements for setting Water Glasses and Gauge Cocks this provision be delayed one year to safety relief valves provided in § 230.35 provide all affected parties with of the 1978 standards. First, this section Section 230.51 Number and Location sufficient notice and sufficient time to imposes a new requirement that the add the second water glass. individual responsible for setting the This section amends the requirements safety relief valves be ‘‘thoroughly for water level indicating devices Section 230.52 Water Glass Valves contained in § 230.37 of the 1978 familiar with the construction and This section adopts § 230.38 of the standards to require that steam operation of the valve being set.’’ This 1978 standards but rewrites it for the locomotive boilers be equipped with at competency requirement was added sake of clarity and to emphasize the least two water glasses, the lowest because the task force and FRA, while functions the valves are designed to reading for which must be at least 3 recognizing that modern safety valves fulfill. have seals which are certified by certain inches above the highest part of the organizations, did not want to officially crown sheet. The use of gauge cocks in Section 230.53 Time of Cleaning require that the valves be reset by state addition to water glasses is not This section requires water glass valve officials. This section creates a prohibited, but gauge cocks are no and gauge cock spindles to be cleaned competency standard which requires longer mandatory. However, the at every 31 service day inspection, and any person resetting safety valves to be requirement that any gauge cocks whenever testing indicates that the thoroughly familiar with their installed on a steam locomotive boiler apparatus is malfunctioning. In construction and operation. must be properly located and addition, this section revises the time This section also revises the ‘‘opening maintained is retained. These changes period in which this inspection must be pressures’’ for safety relief valves in reflect the task force’s recommendation performed. It also adds a performance § 230.35 of the 1978 standards by that water level indicator standards be standard for owners and/or operators to requiring that at least one of the two modernized. The task force and FRA follow, requiring them to clean the required safety-relief valves open at a believe that water glasses are more spindles when they have indications pressure that is no greater than the reliable than gauge cocks, and easier to that water glasses or gauge cocks are not MAWP. This rule changes the 1978 use since they do not require manual functioning properly. provision, which required that both operation. The task force also believes valves be set to open at pressures not that few operators know how to Section 230.54 Testing and exceeding 6 pounds above MAWP. This correctly manually operate gauge cocks Maintenance change reflects the task force consensus anymore. The task force was also This section rewrites § 230.40 of the that requiring one of the two safety concerned that gauge cocks screwed 1978 standards for clarity. The section valves to set to open at pressures not directly into the backhead are more also explains the reasons for requiring greater than MAWP would achieve a likely to provide highly inaccurate that water glasses be tested. greater level of safety. However, this readings due to the phenomenon where section does retain the 6 psi upper limit the water rushes against the boiler Section 230.55 Tubular Type Water in § 230.35 of the 1978 standards for any backhead and creates a surge effect, and Lubricator Glasses and Shields additional safety valves utilized. generating a reading that is artificially This section revises § 230.41 of the This section also revises the high. This requirement comports with 1978 standards. Under the revisions, procedure for setting safety valves in the NTSB’s recommendation following tubular type water glasses must be § 230.35 of the 1978 standards. The its investigation into the boiler renewed at each 92-service day requirement that the water level be ‘‘not explosion involving the Gettysburg inspection and water glasses must be above the highest gauge cock’’ has been Railroad Company, that steam located and maintained so that the changed to the equivalent requirement locomotive boilers be equipped with a engine crews have an unobstructed view

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These water glass placement it eliminates that section’s implied evaluation of arch tubes, water bar tubes requirements complement, and give allowance of plugging flues at one end and circulators during the annual effect to the changes adopted in § 230.51 only, requiring instead that flues be inspection in order to assess reduced of this rule. plugged at both ends. The task force felt wall thickness. The task force was that plugging a flue at one end was concerned about the cost this would Section 230.56 Water Glass Lamps inconsistent with the function plugging impose, and debated whether this This section retains § 230.42 of the is designed to accomplish. requirement would prove too onerous 1978 standards without change, for smaller operations. They concluded, consistent with the task force’s Fusible Plugs however, that ultrasonic testing is recommendation. Section 230.59 Fusible Plugs affordable and that the increased safety levels provided by this testing justify This section, incorporating the Injectors, Feedwater Pumps, and Flue the additional costs imposed on the provisions of § 230.14 of the 1978 Plugs locomotive owners and/or operators. standards, imposes no new inspection Section 230.57 Injectors and requirements for steam locomotives on Steam Pipes Feedwater Pumps locomotive owners and/or operators. Section 230.62 Dry Pipe (New) Subsection (b) of this section retains Consistent with the comprehensive § 230.43 of the 1978 standards, and changes made to the inspection scheme This section require locomotive subsections (a) and (c) are new. in part 230, it relaxes the time frame in owners and/or operators to inspect dry Subsection (a) requires a steam which fusible plugs must be removed pipes that are subject to pressure during locomotive to be equipped with at least and cleaned. It also adds the each annual inspection for the purpose two means of delivering water to the requirement that the removal be noted of measuring the pipe wall thickness. It boiler, with—at a minimum—one of the on the inspection report. establishes a requirement that owners two being a live steam injector. and/or operators remove from service Washing Boilers Subsection (b) incorporates language any dry pipes that are no longer from the ICC Interpretations which Section 230.60 Time of Washing ‘‘suitable for the service intended.’’ require bracing to ‘‘avoid’’ vibration. This section retains the inspection Section 230.63 Smoke Box, Steam The task force recommended changing and maintenance requirements of Pipes and Pressure Parts (New) ‘‘avoid’’ to ‘‘minimize’’, believing it to § 230.45 of the 1978 standards. In Under this section, locomotive be a more realistic standard. Subsection addition, although not imposing any owners and/or operators are required to (c) sets a requirement that injectors and new inspection requirements for steam inspect the smoke box, steam pipes and feedwater pumps be securely braced so locomotives on locomotive owners and/ pressure parts at each annual as to minimize vibration. or operators, this section does change inspection, or whenever conditions so Section 230.58 Flue Plugs the minimum requirement for warrant. This section requires the mandatory boiler washes from once person performing the inspection to This section strengthens the rules for each month to every time that a 31- plugging flues contained in § 230.44 of enter the smoke box and examine it for service day inspection is conducted. signs of leaks from any of its pressure the 1978 standards. When § 230.44 of In its review of the Gettysburg steam the 1978 standards was first parts and to examine all draft explosion, the NTSB recommended that appliances. promulgated by the former Interstate the agency consider regulating water Commerce Commission, it was designed quality, specifically by imposing water Steam Leaks to accommodate the locomotive owner treatment program requirements. The Section 230.64 Leaks Under Lagging and/or operator’s business concerns by task force strenuously debated this topic allowing them to plug their flues in and concluded the boiler wash itself This section retains the concepts of order to continue in operation until the was the best method for addressing § 230.49 of the 1978 standards without nearest repair point where the flue water quality, especially since the substantive change while rewriting the could be repaired or replaced. The task regulation requires that the boiler be standards for clarity and for ease of force decided to recommend that FRA washed as frequently as water compliance. continue to allow flue plugging conditions require. Section 230.65 Steam Blocking View of provided restrictions are placed on the This section is based on FRA’s Engine Crew manner in which flues may be plugged agreement with and adoption of the task This section retains the concepts of in order to minimize the risk of flue force’s recommendation. failures. § 230.50 of the 1978 standards without The task force was concerned because Section 230.61 Arch Tubes, Water Bar substantive change, but rewrites them one failed flue will often be followed by Tubes, Circulators and Thermic Siphons for clarity and for ease of compliance. additional flue failures since flues are This section expands the Subpart C—Steam Locomotives and typically replaced all at once, and are requirements of § 230.46 of the 1978 Tenders therefore exposed to similar stressors. standards by requiring, in addition to Accordingly, this section allows only removal, that the arch tubes and water Section 230.66 Design, Construction one flue to be plugged at any time and bar tubes be cleaned and inspected each and Maintenance requires any such plugged flue to be time the boiler is washed. In addition, This section retains § 230.101 of the repaired or replaced within 30 calendar this section adds condemning limits for 1978 standards with the only days. In addition, the task force wanted arch tubes and water bar tubes. Both of substantive changes being those

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Subsection (b) locomotive owner and/or operator the concerned about requiring this cleaning incorporates part 229’s allowance for party responsible for the inspection and too frequently, based on their drilling of certain specified welded repair of all locomotives and tenders experience that the cleaning process main reservoirs. The task force felt that under their control, instead of the chief itself can adversely affect the proper drilling was a good idea because it mechanical officer. In addition, this functioning of the valves. Experience facilitates reservoir failures in a non- section acts in conjunction with has shown that once the system is catastrophic manner. This section is § 230.23 by delineating the standard for opened to clean the valves, dirt can get largely derived from § 229.31 and repairs and by requiring that a in and be distributed throughout, reflects the task force’s desire to locomotive not be returned to service seriously affecting the integrity of the harmonize these sections wherever unless in good condition and safe and system. The task force discussed various possible. Subsection (c) is intended to suitable for service. cleaning intervals. These ranged from encourage the use of appropriate NDE once every six months (the 1978 Speed Indicators methods for testing the wall thickness of standard) to once each fifth annual the welded main reservoirs. It also Section 230.68 Speed Indicators (New) inspection; the task force ultimately provides for NDE testing of welded settled on a recommended interval This section requires all steam main reservoirs without longitudinal lap between cleanings of between once locomotives that operate at speeds in seams rather than the more destructive every 368 service days and at every excess of 20 miles per hour over the hammer and hydrostatic testing second annual inspection. general system of transportation to be otherwise required. The formula for the equipped with speed indicators that are condemning limits for welded main Section 230.75 Stenciling Dates of maintained to ensure proper reservoirs is derived from the ASME Tests and Cleaning functioning. The task force discussed Section VIII, Div I. The spacing for the This section retains the provisions of (and wanted to address) the interplay sampling points is derived from § 230.111 of the 1978 standards but between this part and part 240’s § 229.31. rewrites them for clarification. In engineer certification standards. Finally, under subsection (d), NDE addition, the requirement that testing Because locomotive engineers may be testing of welded or riveted longitudinal dates be stamped on metal tags and decertified for certain speed-related lap seam main reservoirs is required. attached to the locomotive is deleted. violations, the task force felt that steam While the task force seriously debated locomotives that operate at more than recommending that the use of lap seam Section 230.76 Piston Travel 20 miles per hour should be equipped main reservoirs be prohibited, they felt This section adopts § 230.112 of the with speed indicators. that there wasn’t a strong enough safety 1978 standards without substantive basis for justifying this action. Their Ash Pans change. concerns were further eased by the Section 230.69 Ash Pans belief that lap seam main reservoirs will Section 230.77 Foundation Brake Gear This section adopts § 230.113 of the This section adopts § 230.105 of the eventually be phased out for economic 1978 standards without substantive 1978 standards without substantive reasons. change. change, but rewrites it for the sake of Section 230.73 Air Gauges clarity and for ease of compliance. Section 230.78 Leakage This section adopts, with minor Brake and Signal Equipment substantive changes, § 230.109 of the This section retains the provisions of 1978 but reorganizes and rewrites it for § 230.114 of the 1978 standards without Section 230.70 Safe Condition clarity. Part of the comprehensive substantive change, while identifying This section adopts § 230.105 of the changes made to the inspection scheme specific inspection time periods and 1978 standards without substantive in part 230, it increases the time frame requirements in the rule text. change but rewrites it for the sake of for performing required air gauge testing Section 230.79 Train Signal System clarity and for ease of compliance. from once each three months to the 92 service day inspection. It also adds a This section retain § 230.115 of the Section 230.71 Orifice Testing of requirement that gauges be tested prior 1978 standards with minor changes. In Compressors to reinstallation. The task force addition, it recognizes other forms of This section retains § 230.107 of the recommended that gauges that are ‘‘onboard communication’’ and relaxes 1978 standards but reorganizes and removed be retested because they were the train signal system testing rewrites it for clarity. In addition, concerned about the impacts the gauges requirements from before each trip consistent with the comprehensive may sustain in handling and storage made to the beginning of each day the changes in the inspection scheme in while off the locomotive. The method of locomotive is used. part 230, it lengthens the time within testing required by this section is Cabs, Warning Signals, and Sanders which compressors must be orifice- identical to that found in § 230.109 of tested from once each three months, to the 1978 standards. Section 230.80 Cabs once each 92 service days. Finally, it This section changes § 230.116 of the expands the table listing the testing Section 230.74 Time of Cleaning 1978 standards by removing all the cab criteria to include the commonly used This section modifies § 230.110 of the curtain requirements and rewriting the 120 LP Westinghouse compressor. 1978 standards by broadening the scope standards for clarity. Subsection (a)

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In addition, this section the cab rather than select temperature Section 230.82 Fire Doors eliminates the distinction made in the ranges and specific environment 1978 standards between locomotives in controls. The task force also decided to This section eliminates the yard service and those in road service. delete all the cab curtain requirements requirement in § 230.118 of the 1978 FRA has done so, consistent with the because they believed that the curtains standards that all locomotives have task force’s recommendation, since any don’t adequately keep temperature in mechanically operated fire doors. The justification for differentiating between the proper range, and that the task force decided to recommend doing road and yard locomotives disappeared performance standard in subsection (a) so because some smaller locomotives when the nature of steam locomotive was a better way to achieve the desired cannot be equipped with them. The task operations changed. outcome. This section’s requirement force considered making the Section 230.87 Cab Lights that the environment not ‘‘unreasonably mechanically operated fire door interfere with the engine crew’s requirement contingent upon the weight While retaining § 230.132 of the 1978 performance of duties under ordinary of the locomotive, and the agency standards essentially unchanged, this conditions of service’’ establishes a requested—but did not receive— section extends the coverage to all performance standard the locomotive comments on this issue. Because no locomotives, instead of merely those cab climate must be in compliance with. comments were received on this issue, used between sunset and sunrise. The Therefore, a cab with poor ventilation FRA has decided to simply eliminate task force recommended doing so in that gets so hot that it causes the engine the requirement that all steam order to address those operating crew to get sleepy or otherwise affects locomotives be equipped with circumstances that might arise during their performance of required duties mechanically operated fire doors. ‘‘daylight’’ hours, making it difficult, if not impossible, for the engine crew to would be in noncompliance with this However, this section does not prohibit section. The ‘‘ordinary conditions of observe unlit control instruments, the use of such mechanically operated service’’ language, however, takes into gauges, and meters. fire doors. account those conditions that are Throttle and Reversing Gear unavoidable in steam locomotive In addition, the task force service such as the extreme amount of recommended and FRA has agreed to Section 230.88 Throttles heat from the locomotive boiler fire box. the deletion of subsections (b) and (c) of This section restates the provisions of The task force wanted to make clear its § 230.118 of the 1978 standards, relating § 230.156 of the 1978 standards without belief that only those cab conditions to stokers. substantive change. that are ‘‘abnormal’’ for steam locomotive service should constitute Section 230.83 Cylinder Cocks Section 230.89 Reverse Gear noncompliance with this section. The This section retain § 230.119 of the This section retains parts of § 230.157 task force wanted to move toward a 1978 standards without substantive of the 1978 standards but reorganizes ‘‘common sense’’ perspective on cab change, but edits it for clarity and ease and rewrites it for clarity and ease of conditions that would simultaneously of compliance. compliance. Subsection (a) retains the be enforceable yet not unreasonably general language that appears before interfere with steam locomotive Section 230.84 Sanders subsection 230.157(a) of the 1978 operations. standards. However, based on the task This section retains § 230.120 of the Subsection (b) addresses the issue of force’s experience that many steam 1978 standards without substantive steam pipes in the locomotive cab. This locomotives in service today operate change, but rewrites it for clarity and, section retains most of § 230.116 of the safely without power-operated reverse 1978 standards but makes more specific consistent with the changes to the pre- gear, subsections (a) and (b) of the 1978 the ‘‘double strength pipe’’ description. departure inspection concept made in standards have been deleted. As the task The task force recommended that the this rule relaxes the inspection time force observed, power-operated reverse minimum standard for these pipes be period from at the beginning of each trip gears can be dangerous as well. The task specified as ‘‘schedule 80’’ to conform to the beginning of each day the force considered attaching a weight with the more common industry locomotive is used. restriction to this requirement but terminology. All other subsections of concluded that the problem would be § 230.116 of the 1978 standards have Section 230.85 Audible Warning self-regulating since it would be been deleted as unnecessary. Device impractical to move certain locomotives Section 230.81 Cab Aprons This section modernizes § 230.121 of with manual reverse operating gear. This section expands the the 1978 standards by replacing its Subsections (b) and (c) are derived from requirements of § 230.117 of the 1978 whistle requirement with a requirement subsection 230.157(c) of the 1978 standards by delineating standards for that steam locomotives be equipped standards. the width of the apron. Concerned about with audible warning devices. The Draw Gear and Draft Systems the risk of serious injury or death decibel thresholds and the methodology resulting from an individual standing on for measuring the sound level are Section 230.90 Draw Gear Between a cab apron getting caught between the directly derived from § 229.129, which Steam Locomotive and Tender locomotive and tender, the task force specifies the standards for audible Subsection (a) of this section retains wanted to incorporate the ICC warning devices for locomotives other most of the requirements of subsection Interpretations regarding apron width. than steam locomotives. § 230.122(a) of the 1978 standards

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The task force, felt very strongly that there was no need of § 230.125 of the 1978 standards wishing to balance industry’s concerns to have the application date stamped on without substantive change but edits about requiring this test too frequently the pin, since there is no apparent them for clarity and ease of compliance. with safety considerations, reason for anyone to need to know the recommended FRA require the use of Section 230.95 Guides application date. better technology as a condition for This section retains the requirements This subsection also expands the extending the inspection time-period prohibition for shimming or prick from three months to one year. This of § 230.126 of the 1978 standards without substantive change. punching to include a ban on ‘‘securing section adopts the task force’s the fit of a loose crank pin by shimming, recommendation. Section 230.96 Main, Side, and Valve prick punching, or welding.’’ Subsection (b) of this section modifies Motion Rods Subsection (b) of this section adopts the 1978 standards requirements for Subsection (a) of this section retains the requirements of subsection (b) of safety bars or chains and their relative the requirements in subsection (a) of § 230.136 of the 1978 standards strength. Some task force members took § 230.128 of the 1978 standards without essentially as is except for changing the issue with the reference in the 1978 substantive change but edits them for word ‘‘bolts’’ to ‘‘fasteners.’’ This standards to ‘‘two or more safety bars or clarity. change is non-substantive and reflects safety chains,’’ observing that some Subsection (b) of this section revises the acceptable use of other mechanisms locomotives are designed with one (1) § 230.128 of the 1978 standards to as fasteners. safety bar. The consensus was that the expressly allow welding of main, side old rule addressed those instances Running Gear and valve motion rods, subject to FRA where smaller draw bars take the place approval of requests to do so. The task Section 230.98 Driving, Trailing, and of safety chains and not the double force debated how to best regulate the Engine Truck Axles drawbar design whereby the drawbar welding methodology and concluded that normally bears no load is, in fact, This section retains the requirements that requiring the welding in accordance a safety bar. In addition, this section of § 230.133 of the 1978 standards with with an accepted national standard was incorporates the ICC interpretation of minor substantive changes: editing and the easiest and most thorough way to do the 1978 standard’s ‘‘ample strength’’ as reorganizing it for clarity and for ease of so. The task force concluded that this requiring that the combined strength of compliance. This section also relaxes section should be in conformity with safety chains or bars and their fastenings the wear allowance on secondary § 230.33 of these proposed standards. be at least 50 percent of the strength of driving axles. The task force decided to See the analysis of welding concerns in the drawbar and its connections. recommend making this change in order that section which mirrors the task Subsections (c), (d), and (e) of this to bring the regulation in line with their force’s discussion of this subsection. own operational experiences. section retain subsections (c), (d), and Subsection (c) of this section (e) of § 230.122 of the 1978 standards incorporates subsection (c) of § 230.128 Section 230.99 Tender Truck Axles without change. of the 1978 standards in its entirety and, This section retains the requirements Section 230.91 Chafing Irons for clarity, adds a sentence to address of § 230.134 of the 1978 standards floating bushings. This section retains the requirements without substantive change. Subsection (d) of this section retains of § 230.123 of the 1978 standards the requirements of subsection (d) of Section 230.100 Defects in Tender without substantive change but edits it § 230.128 of the 1978 standards without Truck Axles and Journals for clarity and for ease of compliance. change. This section retains the requirements Section 230.92 Draw Gear and Draft Subsection (e) of this section retains of § 230.135 of the 1978 standards Systems the requirements of subsection (e) of without substantive change. § 230.128 of the 1978 standards but This section retains the requirements edits it for the sake of clarity. Section 230.101 Steam Locomotive of § 230.124 of the 1978 standards Subsection (f) of this section retain Driving Journal Boxes. without substantive change but expands the requirements in subsection (f) of This section retains the requirements it to cover couplers as well. § 230.128 of the 1978 standards without of § 230.137 of the 1978 standards Driving Gear change. without substantive change but Subsection (g) of this section retains reorganizes and edits the requirements Section 230.93 Pistons and Piston the requirements of subsection (g) of for clarity and for ease of compliance. Rods § 230.128 of the 1978 standards without This section basically retains the change. Section 230.102 Tender Plain Bearing requirements of § 230.127 of the 1978 This section, in accordance with the Journal Boxes (New) standards but revises it by eliminating elimination of any distinction between This section establishes condemning the stamping requirement for rods and road and yard service, deletes the limits for plain bearing journal boxes, by adding standards for fasteners. The requirements found in subsections (h) consistent with the task force’s task force debated whether or not a and (i) of § 230.128 of the 1978 recommendation. The task force’s mechanism for tracing materials should standards. As discussed previously, recommendations were based on its be retained, concluding that part 230 FRA believes that the justification for collaborative efforts to identify those should not require it. The task force treating these types of service differently issues that could affect the operational discussed issuing a ‘‘recommended no longer exists. integrity/function of the journal.

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Section 230.103 Tender Roller Bearing the rail must be measured on tangent rewrites them to make the standards Journal Boxes (New) level track. more specific and to address the issue of welding on wheel centers. The task This section imposes maintenance Section 230.111 Spring Rigging force recommended that welding on requirements for tender roller bearing This section adopts the requirements journal boxes, consistent with the task wheel centers be allowed in accordance in § 230.142 of the 1978 standards with with § 229.75(m) of the 1978 standards. force’s recommendation. The task force minor revisions. This section changes This section is based on FRA’s adoption felt that imposing specific condemning the 1978 standards to allow the of that recommendation. limits for roller bearing journal boxes adjusting of load weights by shifting was unnecessary, believing that the weights from one pair of wheels to Steam Locomotive Tanks performance standard ‘‘safe and another and the repair of broken springs Section 230.115 Feed Water Tanks suitable’’ would suffice. within the condemning limits for spring This section adopts the requirements rigging by clipping, provided the clips Section 230.104 Driving Box Shoes of § 230.153 of the 1978 standards, can be secured so as to stay in place. and Wedges largely without change, but does some This section adopts the provisions of Wheels and Tires rewriting to enhance clarity and make the requirements easier to comply with. § 230.138 of the 1978 standards without Section 230.112 Wheels and Tires change. Subsection (a) of this section changes This section retains and consolidates § 230.153 of the 1978 rule by requiring Section 230.105 Lateral Motion the 1978 standards of §§ 230.144, that all locomotives, regardless of the This section adopts the provisions of 230.150, and 230.151 . Subsections (a), date of their manufacture or method of § 230.140 of the 1978 standards without (b), and (c) adopt the requirements of use, be equipped with a water level change. § 230.144 with a few modifications. measurement device capable of being Subsection (a) changes ‘‘pressed’’ to read from the cab or tender deck of the Trucks and Frames and Equalizing ‘‘mounted.’’ This change was made locomotive. The task force felt that this System based on the task force’s could be done at a relatively low cost Section 230.106 Steam Locomotive recommendation that the rule take and would eliminate the need for the Frame ‘‘official’’ notice of the process of locomotive operator to climb atop the shrinking wheels onto the axle. It was tender tank to check the water level. In This section adopts the provisions of felt that acknowledgment of this addition, this section extends the time § 230.139 of the 1978 but expands upon practice is not sufficiently provided by period for inspecting feed water tanks them by allowing locomotive owners using the term ‘‘pressed.’’ Subsection from once each month to once each 92 and/or operators to operate steam (b), add a sentence to address the issue service days, consistent with the other locomotives with broken frames, of gage for track that is less than changes made in the inspection scheme provided the frames are properly standard gage. The figures used were of this rule. patched or secured in a way that derived from back to back measurement. restores the rigidity of the frame. The task force debated whether to Section 230.116 Oil Tanks Section 230.107 Tender Frame and recommend that FRA include standards This section retains § 230.154 of the Body for ‘‘wide-flange’’ wheels but concluded 1978 standards without substantive that the agency should wait to see if the change but rewrites it to enhance This section adopts the provisions of use of ‘‘wide-flange’’ wheels becomes clarity. § 230.152 of the 1978 standards and more prevalent before addressing the Appendices adds a section that establishes issue. FRA’s agrees with and has condemning limits for tender frames, adopted that recommendation. Finally, FRA has included four appendices to consistent with the task force’s subsection (c) retains the requirements this rule. A brief description for each is recommendation. in subsection (c) of § 230.144 of the provided below. Section 230.108 Steam Locomotive 1978 standards without change. Appendix A—Inspection Requirements Leading and Trailing Trucks Subsections (d) and (e), although new, are derived from §§ 230.150 and 230.151 FRA is providing a simple reference This section retains the requirements of the 1978 standards. Subsection (d) guide for those persons who will be of § 230.143 of the 1978 standards but, adopts the provisions of § 230.151 of the conducting inspections required under consistent with the task force’s 1978 standards without substantive these regulations in this appendix. This recommendations, modifies them to change but rewrites them for enhanced reference guide does not modify the require that all centering devices not clarity. Subsection (e) consolidates the specific requirements found in the permit lost motion in excess of 1⁄2 inch. standards found in § 230.150(d) and (e) particular sections. Section 230.109 Tender Truck of the 1978 standards but edits them for Appendix B—Drawings and Diagrams clarity and ease of compliance. This section adopts the provisions of This appendix provides—for § 230.155 of the 1978 standards while Section 230.113 Wheels and Tire informational purposes only—a series of adding condemning defects for springs Defects drawings and diagrams that are cross and a ‘‘safe and suitable’’ requirement This section retains the requirements referenced to various sections of the for truck centering devices (where the in §§ 230.145, 230.146, and 230.149 of rule. Each drawing or diagram visually tender is so equipped). the 1978 standards but consolidates and demonstrates how the rule language should be applied. For example, one Section 230.110 Pilots edits them to make the standards more specific, to eliminate redundancies, and drawing depicts shows how a measuring This section retains the requirements to enhance clarity. device should be used to take accurate in § 230.141 of the 1978 standards measurements of objects such as wheels without change but adds language to Section 230.114 Wheel Centers to determine the size of flanges, flat make clear that minimum and This section combines §§ 230.147 and spots, and broken rims for compliance maximum clearances of the pilot above 230.148 of the 1978 standards but purposes.

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Appendix C—Inspection Forms result from the changes in the entities. These operators primarily use This appendix contains examples of inspection frequencies under this rule’s their steam locomotives in a tourist, the six forms being issued by FRA for requirements. historic, excursion, scenic, or museum the purpose of recording compliance FRA anticipates that this rule will not railway operations. Since this regulation with the inspection and repair activities only reduce the federally mandated is primarily being imposed on small in this rule. Use of these forms is burden for the average steam locomotive entities, readers interested in further mandatory since FRA is not allowing owner/operator, but will also reduce the details about the impacts on these individual operators to create their own risk involved in steam locomotive entities beyond those noted in the RFA, forms for recording this data. FRA will operations. The PV of the net benefits is should review the final rule’s make every effort to insure that these $9.94 million. Regulatory Impact Analysis (RIA) which forms are readily available to those B. Regulatory Flexibility Act is also in the docket. The impacts that this regulation parties required to use them. The Regulatory Flexibility Act of 1980 would have on the affected steam Appendix D—Schedule of Civil (5 U.S.C. 601 et seq.) requires a review locomotive operators will vary for the Penalties of proposed and final rules to assess 82 different operators. The impact will their impact on small entities. FRA has This appendix contains a penalty be inversely proportional to the level of prepared and placed in the docket a schedule similar to those that FRA has inspection, maintenance and repair that Regulatory Flexibility Assessment (RFA) issued for its other regulations. FRA each steam locomotive has received which assesses the small entity impact. suggests that those consulting this prior to the implementation of this rule. Document inspection and copying appendix read FRA’s current policy Thus, steam locomotives that have been facilities are available at 1120 Vermont statement concerning the manner in inspected, maintained and repaired Avenue, 7th Floor, Washington, DC. which the agency enforces the rail safety properly should be impacted less than Photocopies may also be obtained by laws. This policy statement is contained one’s that have not. FRA estimates that submitting a written request to the FRA the Present Value (PV) of the average in Appendix A to 49 CFR part 209. Docket Clerk at Office of Chief Counsel, In addition, FRA is amending its cost of this rule, per steam locomotive, Federal Railroad Administration, 400 Statement of Agency Policy in is approximately $10,700 over twenty Seventh Street, SW, Washington, DC Appendix A of part 209 to include a years. One of the more significant 20590. summary of its exercise of jurisdiction economic impacts that will affect all FRA has published an interim policy steam locomotives is the cost from the over tourist railroads. FRA had which formally establishes ‘‘small proposed that this summary become an transition from the former regulation to entities’’ as being railroads which meet the final rule. A revision which could appendix to part 230. However, the line haulage revenue requirements inserting the summary in FRA’s broad impact a small quantity of steam of a Class III railroad. For other entities, locomotives significantly each year is discussion of its jurisdiction in part 209 the same dollar limit on revenues is is more logical. the requirement for replacing broken established to determine whether a staybolts. New equipment requirements, Regulatory Impact railroad shipper or contractor is a small such as a second water glass, total less entity. FRA proposed to use this than $50,000 for all affected steam A. Executive Order 12866 and DOT alternative definition of ‘‘small entity’’ Regulatory Policies and Procedures locomotives over the twenty year for this rulemaking during the Notice of period. This rule has been evaluated in Proposed Rulemaking, and requested Since this final rule impacts primarily accordance with existing policies and comments from the public on its use. No small entities, most of the provisions in procedures, and determined to be non- comments were received. it were formed with the recognition that significant under both Executive Order This RFA concludes, and FRA small operations would have to be 12866 and DOT policies and procedures certifies that this final rule is not burdened with its implementation and (44 FR 11034; February 26, 1979). FRA expected to have a significant economic cost. In other words, all provisions of has prepared and placed in the docket impact on a substantial number of small this rule considered the potential a Regulatory Impact Analysis (RIA) entities. The significance of such impact impact to small entities when consensus addressing the economic impact of this on the potentially affected small entities was being formed on the rule-text. rule. Document inspection and copying varies according to the current level of Because of this consideration, all facilities are available at 1120 Vermont maintenance and inspection that a requirements for specific equipment Avenue, NW, 7th Floor, Washington, steam locomotive receives. Thus, an (i.e., cab lights, water glass etc.) allow DC. Photocopies may also be obtained owner and/or operator of a steam the operators to have one year from the by submitting a written request to the locomotive which has only been effective date of the final rule to FRA Docket Clerk at Office of Chief marginally maintained could be implement these requirements. Counsel, Federal Railroad significantly impact by this rule. In The largest impact and the greatest Administration, 400 Seventh Street, SW, order to determine the significance of savings occur when a steam locomotive Washington, DC 20590. the economic impact FRA requested transitions from the former regulation to As part of the regulatory impact comments to the docket that would have the final rule. Therefore, analysis, FRA has assessed quantitative provided additional data on the implementation for this is phased-in measurements of costs and benefits economic impact imposed by this gradually. This requirement provides expected from the adoption of this rule. rulemaking. FRA received no comments steam locomotive owners and operators For a twenty year period the Present or additional data. the flexibility necessary to bring their Value (PV) of the potential societal For this rulemaking there are operations into compliance with the benefits is approximately $11.5 million potentially 150 steam locomotives that requirements of this final rule. and the PV of the estimated quantified fall under the FRA’s jurisdiction which costs is approximately $1.6 million. A could be affected. These locomotives are C. Small Business Regulatory majority of the costs will result from the owned by 82 operators. FRA estimates Enforcement Fairness Act of 1996 transition from the former rule to this that somewhere between 85 and 95 Pursuant to Section 312 of the Small rule. A majority of the savings will percent of these operators are small Business Regulatory Enforcement

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Fairness Act of 1996 (Pub. L. 104–121), no way alter the requirements of the submitted for approval to the Office of FRA is issuing a Small Entity rule but will be a tool to assist small Management and Budget (OMB) under Compliance Guide to summarize the entities in the day-to-day application of the Paperwork Reduction Act of 1995, requirements of this rule. The Guide those requirements. 44 U.S.C. 3501 et seq. The sections that will be made available to all affected D. Paperwork Reduction Act contain the new information collection small entities to assist them in requirements and the estimated time to understanding the actions necessary to The information collection fulfill each requirement are as follows: comply with the rule. The Guide will in requirements in this final rule have been

Total annual CFR section Respondent Total annual Average time per burden Total annual universe responses response hours burden cost

230.3ÐImplementation: Interim Flue Extensions 82 owners/opera- 30 letters ...... 30 minutes ...... 15 $450 tors. Petitions for Special Consideration ...... 82 owners/opera- 30 petitions ...... 1 hour ...... 30 1,020 tors. Agency Silence ...... 82 owners/opera- 1 notification ...... 1 hour ...... 1 30 tors. 230.6ÐWaivers ...... 82 owners/opera- 2 waiver letters ...... 1 hour ...... 2 60 tors. Grant of waiver filed for reassessment ...... 82 owners/opera- 2 waiver letters ...... 1 hour ...... 2 60 tors. 230.12ÐConditions for movement of Noncom- 82 owners/opera- 10 tags ...... 6 minutes ...... 1 30 plying Locomotives. tors. 230.13ÐInspection Reports: Recordkeeping ...... 82 owners/opera- 3,650 forms ...... 2 minutes ...... 122 3,660 tors. 230.14Ð31 Service Day Inspection ...... 82 owners/opera- 100 reports ...... 20 minutes ...... 33 990 tors. FRA Notification ...... 82 owners/opera- 2 notifications ...... 5 minutes ...... 17 5 tors. 230.15Ð92 Day Service Inspection ...... 82 owners/opera- 100 reports ...... 20 minutes ...... 33 990 tors. 230.16ÐAnnual Inspection ...... 82 owners/opera- 100 reports ...... 30 minutes ...... 50 1,500 tors. FRA Notification ...... 82 owners/opera- 100 notifications .... 5 minutes ...... 8 240 tors. 230.17Ð1472 Service Day Inspection (Form No. 82 owners/opera- 15 forms ...... 30 minutes ...... 8 240 4). tors. Recordkeeping (FRA Form 3) ...... 82 owners/opera- 15 reports ...... 15 minutes ...... 4 120 tors. 230.18ÐService Day Report (FRA Form No. 5): 82 owners/opera- 150 reports ...... 15 minutes ...... 38 1,140 Recordkeeping. tors. 230.19ÐPosting of Copy: Recordkeeping ...... 82 owners/opera- 300 forms ...... 1 minute ...... 5 150 tors. 230.20ÐAlteration Reports for Steam Loco- 82 owners/opera- 5 reports ...... 1 hour ...... 5 150 motive Boilers (FRA Form No. 19). tors. 230.21ÐSteam Locomotive Number Change ...... 82 owners/opera- 5 documents ...... 2 minutes ...... 17 5 tors. 230.33ÐWelded Repairs and Alterations ...... 82 owners/opera- 5 letters ...... 50 minutes ...... 1 30 tors. Wastage and Flush Patches ...... 82 owners/opera- 2 letters ...... 10 minutes ...... 2 60 tors. 230.34ÐRiveted Repairs and Alterations ...... 82 owners/opera- 37 requests ...... 5 minutes ...... 3 90 tors. 230.41ÐFlexible Staybolts with Caps: Record- 82 owners/opera- 10 entries ...... 1 minute ...... 17 5 keeping. tors. 230.46ÐBadge Plates: Recordkeeping ...... 82 owners/opera- 1 report ...... 30 minutes ...... 50 15 tors. 230.47ÐBoiler Number: Recordkeeping ...... 82 owners/opera- 1 report ...... 15 minutes ...... 25 8 tors. 230.49 Setting of Safety Relief Valves ...... 150 steam loco- 38 tags/labels ...... 1 minute ...... 1 30 motives. 230.75ÐStenciling Dates of Tests and Cleaning: 82 owners/opera- 54 tests ...... 1 minute ...... 1 30 Recordkeeping. tors. 230.96ÐMain, Side, Valve Rods ...... 82 owners/opera- 1 letter ...... 10 minutes ...... 17 5 tors. 230.98ÐDriving, Trailing, and Engine Truck 82 owner/operators 1 stamp ...... 15 minutes ...... 25 8 Axles: Journal Diameter Stamped. 230.116ÐOil Tanks ...... 82 owners/opera- 150 signs ...... 1 minute ...... 3 90 tors.

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All estimates include the time for FRA’s issuance of a rule. Therefore, this comments received in response to this reviewing instructions; searching rule, by itself, is not likely to increase notice. existing data sources; gathering or the preemptive effect of the LBIA. List of Subjects maintaining the needed data; and In developing this rule through the reviewing the information. Pursuant to Railroad Safety Advisory Committee 49 CFR Part 209 44 U.S.C. 3506(c)(2)(B), the FRA (which includes representatives of State Administrative practice and solicited comments concerning: whether organizations), FRA has fulfilled the procedure, Enforcement, Hazardous these information collection objectives of consultation under materials transportation, Penalties, requirements are necessary for the Executive Order 13132 on Federalism. Railroad safety. proper performance of the function of State representatives participated in the FRA, including whether the information full RSAC’s vote to recommend the 49 CFR Part 230 has practical utility; the accuracy of proposed rule to the Administrator. FRA Penalties, Railroad safety, Reporting FRA’s estimates of the burden of the has taken care in the rule to explain that and recordkeeping requirements, Steam information collection requirements; the the agency believes that statutory locomotives. quality, utility, and clarity of the preemption will not apply to insular information to be collected; and tourist railroads over which FRA has The Rule whether the burden of collection of never exercised jurisdiction. In consideration of the foregoing, FRA information on those who are to F. Compliance With the Unfunded is amending Chapter II, Subtitle B of respond, including through the use of Mandates Reform Act of 1995 Title 49 of the Code of Federal automated collection techniques or Regulations as follows: other forms of information technology, Pursuant to the Unfunded Mandates may be minimized. For information or Reform Act of 1995 (Pub. L. 104–4) each PART 209Ð[AMENDED] federal agency ‘‘shall, unless otherwise a copy of the paperwork package 1. The authority citation for part 209 submitted to OMB contact Robert prohibited by law, assess the effects of is revised to read as follows: Brogan at 202–493–6292. Federal Regulatory actions on State, Organizations and individuals local, and tribal governments, and the Authority: 49 U.S.C. 20102, 20103, 20104, desiring to submit comments on the private sector (other than to the extent 20107, 20111, 20902, 21301–21311. collection of information requirements that such regulations incorporate 2. Appendix A to part 209 is amended should direct them to Mr. Robert requirements specifically set forth in by inserting, just before the last Brogan, Federal Railroad law).’’ Section 201. Section 202 of the paragraph in the section headed, ‘‘The Administration, 1120 Vermont Avenue, Act further requires that ‘‘before Extent and Exercise of FRA’s Safety NW, Mail Stop 17, Washington, DC promulgating any general notice of Jurisdiction,’’ the following: 20590. proposed rulemaking that is likely to OMB is required to make a decision result in promulgation of any rule that Appendix A to Part 209—Interim Statement includes any Federal mandate that may of Agency Policy Concerning Enforcement of concerning the collection of information the Federal Railroad Safety Laws requirements contained in this final rule result in the expenditure by State, local, between 30 and 60 days after and tribal governments, in the aggregate, * * * * * publication of this document in the or by the private sector, of $100,000,000 THE EXTENT AND EXERCISE OF FRA'S Federal Register. Therefore, comment or more (adjusted annually for inflation) SAFETY JURISDICTION addressed to OMB is best assured of in any 1 year, and before promulgating * * * * * having full effect if OMB receives it any final rule for which a general notice FRA exercises jurisdiction over tourist, within 30 days of publication. The final of proposed rulemaking was published, scenic, and excursion railroad operations rule will respond to any OMB or public the agency shall prepare a written whether or not they are conducted on the comments on the information collection statement * * * detailing the effect on general railroad system. There are two requirements contained in this proposal. State, local and tribal governments and exceptions: (1) operations of less than 24- inch gage (which, historically, have never FRA is not authorized to impose a the private sector.’’ The final rule issued been considered railroads under the Federal penalty on persons for violating today will not result in the expenditure, railroad safety laws); and (2) operations that information collection requirements in the aggregate, of $100,000,000 or are off the general system and ‘‘insular’’ which do not display a current OMB more in any one year, and thus (defined below). control number, if required. FRA preparation of a statement was not Insularity is an issue only with regard to intends to obtain current OMB control required. tourist operations over trackage outside of the numbers for any new information general system used exclusively for such G. Public Procedure collection requirements resulting from operations. FRA considers a tourist operation this rulemaking action prior to the In accordance with Executive Order to be insular if its operations are limited to 12866, FRA provided 60 days for a separate enclave in such a way that there effective date of a final rule. The OMB is no reasonable expectation that the safety control number, when assigned, will be comments. FRA believes that a 60 day of any member of the public’except a announced by separate notice in the comment period was appropriate to business guest, a licensee of the tourist Federal Register. allow parties with interests not operation or an affiliated entity, or a represented on the Tourist and Historic trespasser’would be affected by the E. Federalism Implications Working Group of the Railroad Safety operation. A tourist operation will not be This rule will not have a substantial Advisory Committee to comment on this considered insular if one or more of the effect on the states, on the relationship rule. As noted earlier, FRA had not following exists on its line: • between the national government and originally scheduled a public hearing, A public highway-rail crossing that is in the states, or the distribution of power but held one in Corpus Christi, Texas on use; • An at-grade rail crossing that is in use; and responsibilities among the various February 4, 1999, in response to timely • A bridge over a public road or waters levels of government. Preemption of received written requests to do so. FRA used for commercial navigation; or state regulation in the area of solicited written comments on all • A common corridor with a railroad, i.e., locomotive safety occurs as a result of aspects of this rule and changes to this its operations are within 30 feet of those of the LBIA itself rather than through rule were made in response to any railroad.

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When tourist operations are conducted on 230.15 Ninety-two (92) service day Washing Boilers the general system, FRA exercises inspection. 230.60 Time of washing. jurisdiction over them, and all of FRA’s 230.16 Annual inspection. 230.61 Arch tubes, water bar tubes, pertinent regulations apply to those 230.17 One thousand four hundred seventy- circulators and thermic siphons. operations unless a waiver is granted or a two (1472) service day inspection. rule specifically excepts such operations Steam Pipes (e.g., the passenger equipment safety Recordkeeping Requirements 230.62 Dry pipe. standards contain an exception for these 230.18 Service days. 230.63 Smoke box, steam pipes and operations, 49 CFR 238.3(c)(3), even if 230.19 Posting of FRA Form No. 1 and FRA pressure parts. conducted on the general system). When a Form No. 3. tourist operation is conducted only on track 230.20 Alteration and repair report for Steam Leaks used exclusively for that purpose it is not steam locomotive boilers. 230.64 Leaks under lagging. part of the general system. The fact that a 230.21 Steam locomotive number change. tourist operation has a switch that connects 230.22 Accident reports. 230.65 Steam blocking view of engine crew. it to the general system does not make the Subpart CÐSteam Locomotives and Subpart B—Boilers and Appurtenances tourist operation part of the general system Tenders if the tourist trains do not enter the general 230.23 Responsibility for general 230.66 Design, construction, and system and the general system railroad does construction and safe working pressure. not use the tourist operation’s trackage for maintenance. Allowable Stress any purpose other than delivering or picking 230.67 Responsibility for inspection and up shipments to or from the tourist operation 230.24 Maximum allowable stress. repairs. itself. 230.25 Maximum allowable stress on stays Speed Indicators If a tourist operation off the general system and braces. 230.68 Speed indicators. is insular, FRA does not exercise jurisdiction Strength of Materials over it, and none of FRA’s rules apply. If, Ash Pans however, such an operation is not insular, 230.26 Tensile strength of shell plates. 230.69 Ash pans. FRA exercises jurisdiction over the 230.27 Maximum shearing strength of operation, and some of FRA’s rules (i.e., rivets. Brake and Signal Equipment 230.28 Higher shearing strength of rivets. those that specifically apply beyond the 230.70 Safe condition. general system to such operations) will Inspection and Repair 230.71 Orifice testing of compressors. apply. For example, FRA’s rules on accident 230.29 Inspection and repair. 230.72 Testing main reservoirs. reporting, steam locomotives, and grade 230.30 Lap-joint seam boilers. 230.73 Air gauges. crossing signals apply to these non-insular 230.31 Flues to be removed. 230.74 Time of cleaning. tourist operations (see 49 CFR 225.3, 230.2 230.32 Time and method of inspection. 230.75 Stenciling dates of tests and amd 234.3), as do all of FRA’s procedural 230.33 Welded repairs and alterations. cleaning. rules (49 CFR parts 209, 211, and 216) and 230.34 Riveted repairs and alterations. the Federal railroad safety statutes 230.76 Piston travel. themselves. Pressure Testing of Boilers 230.77 Foundation brake gear. In drafting safety rules, FRA has a specific 230.78 Leakage. 230.35 Pressure testing. 230.79 Train signal system. obligation to consider financial, operational, 230.36 Hydrostatic testing of boilers. or other factors that may be unique to tourist 230.37 Steam test following repairs or Cabs, Warning Signals, Sanders and Lights operations. 49 U.S.C. 20103(f). Accordingly, alterations. FRA is careful to consider those factors in 230.80 Cabs. determining whether any particular rule will Staybolts 230.81 Cab aprons. apply to tourist operations. Therefore, 230.82 Fire doors. 230.38 Telltale holes. 230.83 Cylinder cocks. although FRA asserts jurisdiction quite 230.39 Broken staybolts. broadly over these operations, we work to 230.84 Sanders. 230.40 Time and method of staybolt testing. 230.85 Audible warning device. ensure that the rules we issue are appropriate 230.41 Flexible staybolts with caps. to their somewhat special circumstances. 230.86 Required illumination. 230.87 Cab lights. * * * * * Steam Gauges 3. Part 230 is revised to read as 230.42 Location of gauges. Throttles and Reversing Gear 230.43 Gauge siphon. follows: 230.88 Throttles. 230.44 Time of testing. 230.89 Reverse gear. PART 230ÐSTEAM LOCOMOTIVE 230.45 Method of testing. INSPECTION AND MAINTENANCE 230.46 Badge plates. Draw Gear and Draft Systems 230.47 Boiler number. STANDARDS 230.90 Draw gear between locomotive and Safety Relief Valves tender. Subpart A—General 230.48 Number and capacity. 230.91 Chafing irons. Sec. 230.49 Setting of safety relief valves. 230.92 Draw gear and draft systems. 230.1 Purpose and scope. 230.50 Time of testing. Driving Gear 230.2 Applicability. 230.3 Implementation. Water Glasses and Gauge Cocks 230.93 Pistons and piston rods. 230.4 Penalties. 230.51 Number and location. 230.94 Crossheads. 230.5 Preemptive effect. 230.52 Water glass valves. 230.95 Guides. 230.6 Waivers. 230.53 Time of cleaning. 230.96 Main, side and valve motion rods. 230.7 Responsibility for compliance. 230.54 Testing and maintenance. 230.97 Crank pins. 230.8 Definitions. 230.55 Tubular type water and lubricator Running Gear 230.9 Information collection. glasses and shields. 230.56 Water glass lamps. 230.98 Driving, trailing, and engine truck General Inspection Requirements axles. 230.11 Repair of non-complying conditions. Injectors, Feedwater Pumps, and Flue Plugs 230.99 Tender truck axles. 230.12 Movement of non-complying steam 230.57 Injectors and feedwater pumps. 230.100 Defects in tender truck axles and locomotives. 230.58 Flue plugs. journals. 230.13 Daily inspection. 230.101 Steam locomotive driving journal 230.14 Thirty-one (31) service day Fusible Plugs boxes. inspection. 230.59 Fusible plugs. 230.102 Tender plain bearing journal boxes.

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230.103 Tender roller bearing journal affected by the operation. An operation full compliance with § 230.17 by the boxes. will not be considered insular if one or time the petition is actually filed.1 230.104 Driving box shoes and wedges. more of the following exists on its line: 230.105 Lateral motion. (1) Petition process. Petitions must be (i) A public highway-rail crossing that filed by January 18, 2001 and must be Trucks, Frames and Equalizing System is in use; accompanied by all relevant 230.106 Steam locomotive frame. (ii) An at-grade rail crossing that is in documentation to be considered, 230.107 Tender frame and body. use; including a FRA Form No. 4 (see 230.108 Steam locomotive leading and trailing trucks. (iii) A bridge over a public road or appendix C of this part) that has been 230.109 Tender trucks. waters used for commercial navigation; calculated in accordance with § 230.17, 230.110 Pilots. or and all records that demonstrate the 230.111 Spring rigging. (iv) A common corridor with another number of days the locomotive has been Wheels and Tires railroad, i.e., its operations are in service. Based upon the documentation provided, FRA will 230.112 Wheels and tires. conducted within 30 feet of those of any 230.113 Wheels and tire defects. other railroad. calculate the number of ‘‘service days’’ the locomotive has accrued and will 230.114 Wheel centers. (c) See appendix A of part 209 for a notify the petitioner of the number of current statement of the FRA’s policy on Steam Locomotive Tanks service days that remain in the its exercise of jurisdiction. 230.115 Feed water tanks. locomotive’s 1472 service day cycle. 230.116 Oil tanks. § 230.3 Implementation. Petitions should be sent to FRA by some Appendix A to Part 230—Inspection Except as provided in paragraphs (a) form of registered mail to ensure a Requirements through (c) of this section, the record of delivery. FRA will investigate Appendix B to Part 230—Diagrams and locomotive owner and/or operator shall these petitions and will respond to these Drawings perform a 1472 service day inspection petitions within one year of their that meets the requirements of § 230.17 receipt. FRA will send its response by Appendix C to Part 230—FRA Inspection some form of registered mail to ensure Forms when the locomotive’s flues would be required to be removed pursuant to that a record of delivery is created. In Appendix D to Part 230—Civil Penalty its response, FRA may grant the petition Schedule § 230.10, of the regulations in effect prior to January 18, 2000. (See 49 CFR or deny it. If FRA grants the petition, the Authority: 49 U.S.C. 20103, 20701, 20702; parts 200–999, revised October 1, 1978) entirety of the revised requirements will 49 CFR 1.49. At the time the locomotive owner and/ become effective upon receipt of FRA’s response, unless FRA’s response Subpart AÐGeneral or operator completes this inspection, it must begin to comply with the rest of indicates otherwise. If FRA denies the § 230.1 Purpose and scope. the provisions of this part. Up until petition, the rule will become effective This part prescribes minimum Federal such time, and except as provided in as provided in the first paragraph of this safety standards for all steam-propelled paragraphs (a) through (c) of this section. locomotives operated on railroads to section, compliance with the regulations (2) FRA silence. Anyone who does not which this part applies. This part does in effect prior to January 18, 2000 (See receive a response within one year of not restrict a railroad from adopting and 49 CFR parts 200–999, revised October the date they filed their petition, enforcing additional or more stringent 1, 1978) will constitute full compliance whether through administrative or requirements not inconsistent with this with this part. Any interested person postal error, must notify FRA that the part. may obtain the October 1, 1978 revision response has not been received. The of 49 CFR part s 200–999 by contacting § 230.2 Applicability. notification should be provided to FRA the Federal Railroad Administration, by some form of registered mail to (a) Except as provided in paragraph Office of Chief Counsel, 400 7th Street, ensure a record of delivery. Upon (b) of this section, this part applies to all SW, Washington, DC 20590. receipt of this notification, FRA will railroads that operate steam (a) One year after January 18, 2000. ensure that a response is either issued, locomotives. The following sections of this part must or re-issued, as soon as possible. In the (b) This part does not apply to: be complied with by January 18, 2001: interim, however, any operator who is at (1) A railroad with track gage of less §§ 230.7, 230.51, 230.57, 230.68, 230.70, the end of their inspection cycle under than 24 inches; 230.85, 230.87, 230.115, and 230.116. (2) A railroad that operates the rules in effect prior to January 18, exclusively freight trains and does so (b) Interim flue removal extensions. 2000 (See 49 CFR parts 200–999, revised only on track inside an installation that FRA will continue to consider requests October 1, 1978) will be allowed to is not part of the general system of for flue removal extensions under the remain in service without conducting transportation; provisions of § 230.10 of the regulations the required inspection under § 230.17 (3) Rapid transit operations in an in effect prior to January 18, 2000 (See for an additional six months, or until urban area that are not connected to the 49 CFR parts 200–999, revised October they receive FRA’s decision, whichever general system of transportation; or 1, 1978) until January 18, 2002. occurs first. (4) A railroad that operates passenger (c) Petition for special consideration. trains and does so only on track inside The locomotive owner or operator may 1 Note: As an example, where a locomotive has petition FRA for special consideration received a proper boiler inspection after September an installation that is insular, i.e., its 25, 1995 pursuant to §§ 230.10 and 230.11 of the operations are limited to a separate of this part’s implementation with regulations in effect prior to January 18, 2000 but enclave in such a way that there is no respect to any locomotive that has either has not had its FRA Form No. 4 updated, the reasonable expectation that the safety of fully or partially satisfied the locomotive owner or operator may update and requirements of § 230.17 within the verify the FRA Form No. 4 for that locomotive, and the public—except a business guest, a submit a timely petition that requests retroactive licensee of the railroad or an affiliated three (3) year period prior to September credit for the boiler inspection. (See 49 CFR parts entity, or a trespasser—would be 25, 1998—provided the locomotive is in 200–999, revised October 1, 1978.)

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§ 230.4 Penalties. applicable to one or more steam If the exact code is not known, the (a) Any person who violates any locomotives, shall lapse on January 18, closest contemporary code may be used requirement of this part or causes the 2000 unless a copy of the grant of provided it does not pre-date the violation of any such requirement is waiver is filed for reassessment prior to construction date of the boiler. subject to a civil penalty of at least $500 that date with the Office of Safety, Crack. A fracture without complete and not more than $11,000 per Federal Railroad Administration, 400 separation into parts, except that violation, except that: Penalties may be Seventh Street, Washington, DC 20590. castings with shrinkage cracks or hot assessed against individuals only for FRA will review the waiver and notify tears that do not significantly diminish willful violations, and, where a grossly the applicant whether the waiver has the strength of the member are not negligent violation or a pattern of been continued. considered to be cracked. repeated violations has created an Dead locomotive. A locomotive imminent hazard of death or injury to § 230.7 Responsibility for compliance. unable to produce tractive effort. persons, or has caused death or injury, (a) The locomotive owner and/or Fire. Anything that produces products a penalty not to exceed $22,000 per operator is directly responsible for of combustion that heat transferring violation may be assessed. Each day a ensuring that all requirements of this components of the locomotive are violation continues shall constitute a part are satisfied, and is the entity exposed to. separate offense. See appendix A of part primarily responsible for compliance FRA. The Federal Railroad 209 for a statement of agency civil with this part. Administration. penalty policy. (b) Although the duties imposed by Locomotive operator. Person or entity (b) Any person who knowingly and this part are generally stated in terms of which operates, but which does not willfully falsifies a record or report the duties of a railroad or a steam necessarily own, one or more steam required by this part may be subject to locomotive owner and/or operator, any locomotives. This term means, for criminal penalties under 49 U.S.C. person, including a contractor for a purposes of inspection and maintenance 21311. railroad, who performs any function responsibility, the entity responsible for covered by this part must perform that the day-to-day operation of the steam § 230.5 Preemptive effect. function in accordance with this part. locomotive, or the delegate thereof. This The Locomotive Boiler Inspection Act (c) Chapter 207 of Title 49 of the entity may be a railroad or a person or (49 U.S.C. 20701–20703) preempts all United States Codes makes it unlawful persons who operate a steam locomotive State laws or regulations concerning for any railroad to use or permit to be under contract for a railroad. locomotive safety. Napier v. Atlantic used on its line any steam locomotive or Locomotive owner. Person or entity Coast Line R.R., 272 U.S. 605 (1926). tender unless the entire steam which owns, but which does not However, FRA believes Congress did locomotive or tender and its parts and necessarily operate, one or more steam not intend to preempt State laws or appurtenances are in proper condition locomotives that is operated on a regulations concerning rail operations and safe to operate in the service to railroad to which this part applies. For over which FRA does not exercise which they are put, without purposes of inspection and maintenance jurisdiction. Therefore, in issuing this unnecessary danger of personal injury responsibility, this term includes that part, it is FRA’s intent that State laws or and have been inspected and tested as entity’s delegate as well. regulations applicable to those rail required by this part. MAWP. Maximum allowable working operations to which this part does not pressure as specified by the steam apply (i.e., insular tourist operations) § 230.8 Definitions. locomotive specification FRA Form No. not be preempted. As used in this part, the terms listed 4. (See appendix C of this part.) in this section have the following NBIC. National Board Inspection Code § 230.6 Waivers. definitions: published by the National Board of (a) A person subject to a requirement Administrator. The Administrator of Boiler and Pressure Vessel Inspectors. of this part may petition the the Federal Railroad Administration or NDE. Non-destructive Examination. Administrator of FRA for a waiver of the Administrator’s delegate. NPS. Nominal Pipe Size. compliance with such requirement. The Alteration. Any change to the boiler Person. An entity of any type covered filing of such a petition does not affect which affects its pressure retention under 1 U.S.C. 1, including but not that person’s responsibility for capability. Rating changes are limited to the following: a railroad; a compliance with that requirement while considered alterations. manager, supervisor, official, or other the petition is being considered. ANSI. American National Standards employee or agent of a railroad; any (b) Each petition for waiver under this Institute. owner, manufacturer, lessor, or lessee of section must be filed in the manner and API. American Petroleum Institute. railroad equipment, track, or facilities; contain the information required by part ASME. American Society of any independent contractor providing 211 of this chapter. Mechanical Engineers. goods or services to a railroad; and any (c) If the Administrator finds that a Boiler surfaces. The boiler interior is employee of such owner, manufacturer, waiver of compliance is in the public all the space inside a boiler occupied by lessor, lessee, or independent interest and is consistent with railroad water or steam under pressure, and all contractor. safety, the Administrator may grant the associated surfaces inside that space Railroad. Any form of non-highway waiver subject to any conditions the exposed to that water and steam. The ground transportation that runs on rails Administrator deems necessary. Where boiler exterior is the opposite surface of or electromagnetic guideways and any a waiver is granted, the Administrator all components directly exposed to the entity providing such transportation, publishes a notice containing the boiler interior. This includes the fire including commuter or other short-haul reasons for granting the waiver. side of the firebox sheets. railroad passenger service in a (d) All waivers of every form and type Break. A fracture resulting in metropolitan or suburban area and from any requirement of any order or complete separation into parts. commuter railroad service that was regulation implementing the Code of original construction. The operated by the Consolidated Rail Locomotive Boiler Inspection Act, 36 manufacturer’s or industry code in Corporation on January 1, 1979; and Stat. 913, as amended, 49 U.S.C. 20702, effect when the boiler was constructed. high speed ground transportation

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Replacement in kind with a moved only as a lite steam locomotive and other movement restrictions. newly manufactured or remanufactured or a steam locomotive in tow, except as (e) Special notice for repair. Nothing (restored to original tolerances) provided in paragraph (b) of this in this section authorizes the movement component. Materials shall be suitable section. Cars essential to the movement of a steam locomotive subject to a for the service intended. of the steam locomotive and tender(s), Special Notice for Repair unless the Repair. Any work which results in a including tool cars and a bunk car, may movement is made in accordance with restoration in kind. accompany lite movements. the restrictions contained in the Special (b) Conditions for movement. Prior to Serious injury. An injury that results Notice. in the amputation of any appendage, the movement, the steam locomotive owner loss of sight in an eye, the fracture of a and/or operator shall determine that it § 230.13 Daily inspection. bone, or the confinement in a hospital is safe to move the locomotive, (a) General. An individual competent for a period of more than 24 consecutive determine the maximum speed and to conduct the inspection shall inspect hours. other restrictions necessary for safely each steam locomotive and its tender Service day. Any calendar day that conducting the movement, and notify in each day that they are offered for use to the boiler has steam pressure above writing the engineer in charge of the determine that they are safe and suitable atmospheric pressure with fire in the defective steam locomotive and, if for service. The daily inspection shall be firebox. In the case of a fireless steam towed, the engineer in charge of the conducted to comply with all sections locomotive, any calendar day that the towing locomotive consist, as well as all of this part, and a daily inspection boiler has steam pressure above other crew members in the cabs, of the report filed, by an individual competent atmospheric pressure. presence of the non-complying steam to conduct the inspection. See Stayed portion of the boiler. That locomotive and the maximum speed appendices A and B of this part. portion of the boiler designed to require and other movement restrictions. In (b) Pre-departure. At the beginning of support to retain internal pressure by addition, a tag bearing the words ‘‘non- each day the steam locomotive is used, the addition of strength members, such complying locomotive’’ shall be an individual competent to do so shall, as staybolts, braces, diagonal stays, securely attached to each defective together with the daily inspection tubes, etc. steam locomotive and shall contain the required in paragraph (a) of this section, Steam locomotive. A self-propelled following information: inspect the steam locomotive and its unit of equipment powered by steam (1) The steam locomotive number; tender and appurtenances to ensure that (2) The name of the inspecting entity; that is either designed or used for they are safe and suitable for service, moving other equipment. This includes (3) The inspection location and date; (4) The nature of the defect; paying special attention to the following a self-propelled unit designed or used to items: carry freight and/or passenger traffic. (5) Movement restrictions, if any; (6) The destination; and (1) Water glasses and gauge cocks; Unstayed Portion of the Boiler. That (2) Boiler feedwater delivery systems, portion of the boiler designed to be self- (7) The signature of the person making the determinations required by such as injectors and feedwater pumps; supported in retaining internal pressure and without additional strength members this paragraph (b). (c) Yard movements. A non- (3) Air compressors and governors, such as staybolts, braces, diagonal stays, complying steam locomotive may be and the air brake system. tubes, etc. (c) Inspection reports. The results of Wastage. A reduction in the thickness moved lite or dead within a yard at the daily inspection shall be entered on of a mechanical component, such as a speeds not in excess of 10 miles per an FRA Form No. 2 (See appendix C of pipe or sheet. hour without meeting the requirements of paragraph (b) of this section if the this part) which shall contain, at a § 230.9 Information collection. movement is solely for the purpose of minimum, the name of the railroad, the (a) [Reserved]. repair. The locomotive owner and/or initials and number of the steam (b) The information collection operator is responsible for ensuring that locomotive, the place, date and time of requirements are found in the following the movement may be safely made. the inspection, the signature of the sections: §§ 230.3, 230.12 through (d) Non-complying conditions employee making the inspection, a 230.21, 230.33, 230.34, 230.41, 230.46, developed en route. The locomotive description of the non-complying 230.47, 230.75, 230.96, 230.98, and owner and/or operator may continue in conditions disclosed by the inspection, 230.116. use a steam locomotive that develops a conditions found in non-compliance non-complying condition en route until during the day and repaired and the § 230.10 [Reserved] the next daily inspection or the nearest signature of the person who repaired the General Inspection Requirements forward point where the repairs non-conforming conditions. This report necessary to bring it into compliance shall be filed even if no non-complying § 230.11 Repair of non-complying can be made, whichever is earlier. conditions are detected. A competent conditions. Before continuing en route, the steam individual shall sign the report, The steam locomotive owner and/or locomotive owner and/or operator shall certifying that all non-complying operator shall repair any steam determine that it is safe to move the conditions were repaired before the locomotive that fails to comply with the steam locomotive, determine the steam locomotive is operated. This conditions of this part, and shall maximum speed and other restrictions report shall be filed and retained for at approve any such repairs made, before necessary for safely conducting the least 92 days at the location designated

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An individual competent inspection ( FRA Form No. 1), in the case of a new locomotive or a to conduct the inspection shall perform place the locomotive is maintained and locomotive being brought out of the 31 service day inspection after the with the FRA Regional Administrator retirement, the initial 15 year period steam locomotive has accrued 31 service for that region. shall begin on the day that the days. This inspection shall consist of all When the report of annual inspection locomotive is placed in service or 365 31 service day inspection items and all ( FRA Form No. 3), is filed, the FRA calendar days after the first flue tube is daily inspection items. See appendix A Form No. 1 does not have to be filed installed in the locomotive, whichever of this part. Days in service shall be until the next 92 service day inspection. comes first. This 1472 service day counted, recorded and readily available (See appendix C of this part.) inspection shall include all annual, and for inspection when requested by an 5th annual, inspection requirements, as § 230.16 Annual inspection. FRA inspector. well as any items required by the steam (b) FRA notification. FRA Regional (a) General. (1) An individual locomotive owner and/or operator or the Administrators or their delegate(s) may competent to conduct the inspection FRA inspector. At this time, the require a steam locomotive owner or shall perform the annual inspection locomotive owner and/or operator shall operator to provide FRA with timely after 368 calendar days have elapsed complete, update and verify the notification before performing a 31 from the time of the previous annual locomotive specification card (FRA service day inspection. If the Regional inspection. This inspection shall Form No. 4), to reflect the condition of Administrator or their delegate indicates include all daily, all 31 service day, all the boiler at the time of this inspection. their desire to be present for the 31 92 service day, and all annual See appendices A and B of this part. service day inspection, the steam inspection items. (See appendix B of (b) Filing inspection reports. Within locomotive owner and/or operator shall this part.) 30 days of completing the 1472 service provide them a scheduled date and (2) Fifth annual inspection. An day inspection, the steam locomotive location for inspection. Once scheduled, individual competent to do so shall owner and/or operator shall, for each the inspection must be performed at the perform a flexible staybolt and cap steam locomotive inspected, file in the time and place specified, unless the inspection in accordance with § 230.41 place where the steam locomotive is Regional Administrator and the steam at each fifth annual inspection. maintained and with the FRA Regional (b) FRA notification. FRA Regional locomotive owner and/or operator Administrator for that region a report of Administrators shall be provided mutually agree to reschedule. If the inspection (FRA Form No. 3), and a written notice at least one month prior Regional Administrator requests the completed FRA Form No.4. See to an annual inspection and shall be inspection be performed on another date appendix C of this part. afforded an opportunity to be present. If but the steam locomotive owner and/or the Regional Administrator or their Recordkeeping Requirements operator and the Regional Administrator delegate indicates a desire to be present, are unable to agree on a date for § 230.18 Service days. the steam locomotive owner and/or rescheduling, the inspection may be operator will provide a scheduled date (a) Service day record. For every performed as scheduled. and location for the inspection. Once steam locomotive currently in service, (c) Filing inspection reports. Within scheduled, the inspection must be the steam locomotive owner and/or 10 days of conducting the 31 service day performed at the time and place operator shall have available, and be inspection, the steam locomotive owner specified, unless the Regional able to show an FRA inspector upon and/or operator shall file, for each steam Administrator and the steam locomotive request, a current copy of the service locomotive inspected, a report of owner and/or operator mutually agree to day record that contains the number of inspection (FRA Form No. 1), in the reschedule. If the Regional service days the steam locomotive has place where the steam locomotive is Administrator requests the inspection accrued since the last 31, 92, Annual maintained and with the FRA Regional be performed on another date but the and 1472 service day inspections. Administrator for that region. When the steam locomotive owner and/or operator (b) Service day report. By the 31st of report of annual inspection ( FRA Form and the Regional Administrator are every January, every steam locomotive No. 3), is filed, the FRA Form No. 1 does unable to agree on a date for owner and/or operator shall file a not have to be filed until the next 31 rescheduling, the inspection may be service day report, FRA Form No. 5, service day inspection. (See Appendix B performed as scheduled. with the Regional Administrator of this part.) (c) Filing inspection reports. Within accounting for the days the steam 10 days of completing the annual locomotive was in service from January § 230.15 Ninety-two (92) service day 1 through December 31st of the inspection. inspection, the steam locomotive owner and/or operator shall file, for each steam preceding year. If the steam locomotive (a) General. An individual competent locomotive inspected, a report of was in service zero (0) days during that to conduct the inspection shall perform inspection (FRA Form No. 3), in the period, a report must still be filed to the 92 service day inspection after the place where the steam locomotive is prevent the steam locomotive from steam locomotive has accrued 92 maintained and with the FRA Regional being considered retired by FRA. (See ‘‘service-days.’’ This inspection shall Administrator for that region. (See appendix B of this part.) include all daily, all 31 service day, and appendix A of this part) (c) Retirement where no service day all 92 service day inspection items. See reports filed. Where the steam appendix A of this part. Days in service § 230.17 One thousand four hundred locomotive owner and/or operator does shall be counted, recorded, and readily seventy-two (1472) service day inspection. not file the required service day report available for inspection when requested (a) General. Before any steam for a steam locomotive, that steam by an FRA inspector. locomotive is initially put in service or locomotive may be considered retired

VerDate 29-OCT-99 19:33 Nov 16, 1999 Jkt 190000 PO 00000 Frm 00043 Fmt 4701 Sfmt 4700 E:\FR\FM\17NOR2.XXX pfrm11 PsN: 17NOR2 62870 Federal Register / Vol. 64, No. 221 / Wednesday, November 17, 1999 / Rules and Regulations by FRA. The steam locomotive owner shall be maintained for the life of the Allowable Stress and/or operator must complete all 1472 boiler. (See appendix C of this part.) service day inspection items to return a § 230.24 Maximum allowable stress. retired steam locomotive to service. § 230.21 Steam locomotive number (a) Maximum allowable stress value. change. The maximum allowable stress value on § 230.19 Posting of FRA Form No. 1 and any component of a steam locomotive FRA Form No. 3. When a steam locomotive number is changed, the steam locomotive owner boiler shall not exceed 1⁄4 of the ultimate (a) FRA Form No. 1. The steam and/or operator must reflect the change tensile strength of its material. locomotive owner and/or operator shall in the upper right-hand corner of all (b) Safety factor. When it is necessary place a copy of the 31 and 92 service documentation related to the steam to use the code of original construction day inspection report (FRA Form No. 1), locomotive by showing the old and new in boiler calculations, the safety factor properly filled out, under transparent numbers: value shall not be less than 4. cover in a conspicuous place in the cab of the steam locomotive before the Old No. 000 § 230.25 Maximum allowable stress on stays and braces. inspected boiler is put into service. This New No. XXX. FRA Form No. 1 will not be required for The maximum allowable stress per the first 31 service days following an § 230.22 Accident reports. square inch of net cross sectional area annual inspection and the posting of an In the case of an accident due to on fire box and combustion chamber FRA Form No. 3. (See appendix B of failure, from any cause, of a steam stays shall be 7,500 psi. The maximum this part.) locomotive boiler or any part or allowable stress per square inch of net (b) FRA Form No. 3. In addition to the appurtenance thereof, resulting in cross sectional area on round, FRA Form No. 1, the steam locomotive serious injury or death to one or more rectangular, or gusset braces shall be owner and/or operator shall also persons, the railroad on whose line the 9,000 psi. maintain in the cab a current copy of accident occurred shall immediately Strength of Materials FRA Form No. 3 in the manner make a telephone report of the accident described in paragraph (a) of this by calling the National Response Center § 230.26 Tensile strength of shell plates. section. (See appendix C of this part.) (toll free) at Area Code 800–424–0201. When the tensile strength of steel or The report shall state the nature of the wrought-iron shell plates is not known, § 230.20 Alteration and repair report for it shall be taken at 50,000 psi for steel steam locomotive boilers. accident, the number of persons killed or seriously injured, the place at which and 45,000 psi for wrought iron. (a) Alterations. When an alteration is it occurred, and the location where the made to a steam locomotive boiler, the § 230.27 Maximum shearing strength of steam locomotive may be inspected. rivets. steam locomotive owner and/or operator Confirmation of this report shall be shall file an alteration report (FRA Form immediately mailed to the Associate The maximum shearing strength of No. 19), detailing the changes to the Administrator for Safety, Federal rivets per square inch of cross sectional locomotive with the FRA Regional Railroad Administration, Washington, area shall be taken as follows: Administrator within 30 days from the DC 20590, and contain a detailed report date the work was completed. This form Pounds of the accident, including, to the extent per shall be attached to, and maintained known, the causes and a complete list Rivets square with, the FRA Form No. 4 until such of the casualties. inch time as a new FRA Form No. 4 reflecting the alteration is submitted to the Subpart BÐBoilers and Iron Rivets in Single Shear ...... 38,000 Regional Administrator. Alteration Appurtenances Iron Rivets in Double Shear ...... 76,000 reports shall be filed and maintained for Steel Rivets in Single Shear ...... 44,000 the life of the boiler. (See appendix B of § 230.23 Responsibility for general Steel Rivets in Double Shear ...... 88,000 this part.) construction and safe working pressure. (b) Welded and riveted repairs to § 230.28 Higher shearing strength of The steam locomotive owner and rivets. unstayed portions of the boiler. operator are responsible for the general Whenever welded or riveted repairs are design and construction of the steam A higher shearing strength may be performed on unstayed portions of a locomotive boilers under their control. used for rivets when it can be shown steam locomotive boiler, the steam The steam locomotive owner shall through testing that the rivet material locomotive owner and/or operator shall establish the safe working pressure for used is of such quality as to justify a file with the FRA Regional each steam locomotive boiler, after higher allowable shearing strength. Administrator, within 30 days from the giving full consideration to the general Inspection and Repair time the work was completed, a repair design, workmanship, age, and overall report, FRA Form No. 19, that details condition of the complete boiler unit. § 230.29 Inspection and repair. the work done to the steam locomotive. The condition of the boiler unit shall be (a) Responsibility. The steam Repair reports shall be filed and determined by, among other factors, the locomotive owner and/or operator shall maintained for the life of the boiler. (See minimum thickness of the shell plates, inspect and repair all steam locomotive appendix B of this part.) the lowest tensile strength of the plates, boilers and appurtenances under their (c) Welded and riveted repairs to the efficiency of the longitudinal joint, control. They shall immediately remove stayed portions of the boiler. Whenever the inside diameter of the course, and from service any boiler that has welded or riveted repairs are performed the maximum allowable stress value developed cracks in the barrel. The on stayed portions of a steam allowed. The steam locomotive operator steam locomotive owner and/or operator locomotive boiler, the steam locomotive shall not place the steam locomotive in shall also remove the boiler from service owner and/or operator shall complete a service before ensuring that the steam whenever either of them, or the FRA repair report (FRA Form No. 19), locomotive’s safe working pressure has inspector, considers it necessary due to detailing the work done. Repair reports been established. other defects.

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(b) Repair standards. (1) All defects removed at this time. Those portions of boiler repairs. The steam locomotive disclosed by inspection shall be the boiler that are exposed and able to owner and/or operator shall satisfy repaired in accordance with accepted be inspected as required by the daily, reporting requirements in § 230.20 at industry standards—which may include 31service day, annual and fifth annual this time. established railroad practices, or NBIC inspections shall be inspected at those (c) Wastage. The steam locomotive or API established standards—before the times. The interior of the boiler also owner and/or operator shall submit a steam locomotive is returned to service. shall be inspected at each annual written request for approval to the FRA The steam locomotive owner and/or inspection, after the completion of any Regional Administrator before operator shall not return the steam hydrostatic test above MAWP, and performing weld build up on wasted locomotive boiler or appurtenances to whenever a sufficient number of flues areas of unstayed surfaces of the boiler service unless they are in good are removed to allow examination. The that exceed a total of 100 square inches condition and safe and suitable for jacket, lagging and any other or the smaller of 25 percent of minimum service. components shall also be removed to required wall thickness or 1/2 inch. (2) Any welding to unstayed portions provide inspection access whenever the Wasted sheets shall not be repaired by of the boiler made pursuant to § 230.33 FRA inspector, or the steam locomotive weld build up if the wasted sheet has shall be made in accordance with an owner and/or operator, considers it been reduced to less than 60 percent of accepted national standard for boiler necessary due to identifiable safety the minimum required thickness as repairs. The steam locomotive owner concerns. required by this part. and/or operator shall not return the (b) Method of inspection.—(1) Entire (d) Flush patches. The steam steam locomotive boiler or boiler. During the 1472 service day locomotive owner and/or operator shall appurtenances to service unless they are inspection, the entire boiler shall be submit a written request for approval to in good condition and safe and suitable examined for cracks, pitting, grooving, the FRA Regional Administrator for the for service. or indications of overheating and for installation of flush patches of any size damage where mud has collected, or on unstayed portions of the boiler. § 230.30 Lap-joint seam boilers. heavy scale formed. The edges of plates, (e) Stayed portions of the boiler. The Every boiler having lap-joint all laps, seams, and points where cracks steam locomotive owner and/or operator longitudinal seams without reinforcing and defects are likely to develop, shall shall perform welded repairs or plates shall have sufficient lagging, be thoroughly inspected. Rivets shall be alterations on stayed portions of the jacketing, flues, and tubes removed at inspected for corrosion and looseness. boiler in accordance with established every annual inspection so that an (2) Boiler interior. When inspecting railroad practices, or an accepted inspection of the entire joint, inside and the boiler interior, it must be seen that national standard for boiler repairs. The out, can be made, taking special care to braces and stays are taut, that pins are steam locomotive owner and/or operator detect grooving or cracks at the edges of properly secured in place, and that each shall satisfy the reporting requirements the seams. is in condition to support its proportion in § 230.20 at this time. of the load. Washout plugs shall be § 230.31 Flues to be removed. removed for access and visual § 230.34 Riveted repairs and alterations. (a) Inspection of the boiler interior. inspection of the water side of the (a) Alterations to unstayed portions of During the 1472 service day inspection, firebox sheets. Washout plug threads, the boiler. Prior to making riveted the steam locomotive owner and/or sleeves and threaded openings shall be alterations on unstayed portions of the operator shall remove all flues of steam examined at this time. boiler, the steam locomotive owner and/ locomotive boilers in service, except as (3) Boiler exterior. A thorough or operator shall submit a written provided in paragraph (b) of this inspection shall be made of the entire request for approval to the FRA section, for the purpose of inspecting exterior of the boiler while under Regional Administrator. If approval is the entire interior of the boiler and its hydrostatic pressure. granted, the steam locomotive owner bracing. After removing the flues, the and/or operator shall perform any steam locomotive owner and/or operator § 230.33 Welded repairs and alterations. riveting to unstayed portions of the shall enter the boiler to remove scale (a) Unstayed portions of the boiler boiler in accordance with established from the interior and thoroughly clean containing alloy steel or carbon steel railroad practices or an accepted and inspect it. with a carbon content over 0.25 percent. national standard for boiler repairs. The (b) NDE testing. If the boiler can be Prior to welding on unstayed portions of steam locomotive owner and/or operator thoroughly cleaned and inspected the boiler, the steam locomotive owner shall satisfy reporting requirements in without removing the superheater flues, and/or operator shall submit a written § 230.20 at this time. and it can be shown through request for approval to the FRA (b) Repairs to unstayed portions of the appropriate NDE testing methods that Regional Administrator. If the approval boiler. The steam locomotive owner they are safe and suitable for service, is granted, the steam locomotive owner and/or operator shall perform any their removal may not be required at and/or operator shall perform any riveted repairs to unstayed portions of this time. Their removal may be welding to unstayed portions of the the boiler in accordance with required, however, if the FRA inspector, boiler in accordance with an accepted established railroad practices, or an or the steam locomotive owner and/or national standard for boiler repairs. The accepted national standard for boiler operator, considers it necessary due to steam locomotive owner and/or operator repairs. The steam locomotive owner identifiable safety concerns. shall satisfy reporting requirements in and/or operator shall satisfy reporting § 230.20 at this time. requirements in § 230.20 at this time. § 230.32 Time and method of inspection. (b) Unstayed portions of the boiler (c) Repairs to stayed portions of the (a) Time of inspection. The entire containing carbon steel not exceeding boiler. The steam locomotive owner boiler shall completely be inspected at 0.25 percent carbon. The steam and/or operator shall perform riveted the 1472 service day inspection. The locomotive owner and/or operator shall repairs or alterations on stayed portions jacket, lagging and any other perform any welding to unstayed of the boiler in accordance with components interfering with the portions of the boiler in accordance established railroad practices or an provision of inspection access shall be with an accepted national standard for accepted national standard for boiler

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No boiler shall be allowed made with all the water drained from locomotive boiler shall be raised to at to remain in service with more than 4 the boiler. least 70 deg. F any time hydrostatic broken staybolts inside the entire pressure is applied to the boiler. § 230.41 Flexible staybolts with caps. firebox and combustion chamber, § 230.36 Hydrostatic testing of boilers. combined. (a) General. Flexible staybolts with (b) Staybolt replacement. Broken caps shall have their caps removed (a) Time of test. The locomotive staybolts must be replaced during the 31 during every 5th annual inspection for owner and/or operator shall service day inspection, if detected at the purpose of inspecting the bolts for hydrostatically test every boiler at the that time. Broken staybolts detected in breakage, except as provided in following times: between 31 service day inspections paragraph (b) of this section. (1) During the 1472 service day must be replaced no later than 30 (b) Drilled flexible staybolts. For inspection, and at every annual flexible staybolts that have telltale holes calendar days from the time of 3 7 inspection thereafter; detection. When staybolts 8 inches or between ⁄16 inch and ⁄32 inch in (2) After making any alteration to the less in length are replaced, they shall be diameter, and which extend the entire boiler; replaced with bolts that have telltale length of the bolt and into the head not less than one third of the diameter of the (3) After installing a flush patch on an holes 3⁄16 inch to 7⁄32 inch in diameter head, the steam locomotive owner and/ unstayed portion of the boiler; and and at least 11⁄4 inches deep at each end, or operator need not remove the staybolt (4) After any riveting on an unstayed or that have telltale holes 3⁄16 inch to 7⁄32 inch in diameter their entire length. At caps if it can be established, by an portion of the boiler. electrical or other suitable method, that (b) Method of testing. The metal the time of replacement of broken staybolts, adjacent staybolts shall be the telltale holes are open their entire temperature of the boiler shall be length. Any leakage from these telltale between 70 degrees Fahrenheit and 120 inspected. (c) Assessment of broken staybolts. holes during the hydrostatic test degrees Fahrenheit each time it is Telltale holes leaking, plugged, or indicates that the bolt is broken and subjected to any hydrostatic pressure. missing shall be counted as broken must be replaced. Before the steam Hydrostatic testing required by these staybolts. locomotive is placed in service, the rules shall be conducted at 25 percent (d) Prohibited methods of closing inner ends of all telltale holes shall be above the MAWP. telltale holes. Welding, forging, or closed with a fireproof porous material (c) Internal inspection. An internal riveting broken staybolt ends is that will keep the telltale holes free of inspection of the boiler shall be prohibited as a method of closing foreign matter and permit steam or conducted following any hydrostatic telltale holes. water to exit the telltale hole when the test where the pressure exceeds MAWP. bolt is broken or fractured. § 230.40 Time and method of staybolt (c) Recordkeeping. The removal of § 230.37 Steam test following repairs or testing. flexible staybolt caps and other tests alterations. (a) Time of hammer testing.—(1) shall be reported on FRA Form No. 3. Upon completion of any repair or General. All staybolts shall be hammer (See appendix B of this part.) alteration, the locomotive owner and/or tested at every 31 service day (d) Testing at request of FRA operator shall conduct a steam test of inspection, except as provided in inspector. Staybolt caps also shall be the boiler with steam pressure raised to paragraph (a)(2) of this section. All removed, or any of the tests in this between 95 percent and 100 percent of staybolts also shall be hammer tested section made, whenever the FRA the MAWP. At this time, the boiler shall under hydrostatic pressure any time inspector or the steam locomotive be inspected to ensure that it is in a safe hydrostatic pressure above the MAWP owner and/or operator considers it and suitable condition for service. specified on the boiler specification necessary due to identifiable safety form (FRA Form No. 4), is applied to the concerns about the condition of Staybolts boiler. (See appendix B of this part.) staybolts, staybolt caps or staybolt § 230.38 Telltale holes. (2) Exception for inaccessible sleeves. staybolts. The removal of brickwork or Steam Gauges (a) Staybolts less than 8 inches long. grate bearers for the purpose of hammer All staybolts shorter than 8 inches, testing staybolts during each 31 service § 230.42 Location of gauges. except flexible bolts, shall have telltale day inspection will not be required if holes 3/16 inch to 7/32 inch diameter Every boiler shall have at least one 1 the staybolts behind these structural steam gauge which will correctly and at least 1 ⁄4 inches deep in the outer impediments have a telltale hole 3/16 end. indicate the working pressure. The inch to 7/32 inch in diameter their gauge shall be positioned so that it will (b) Reduced body staybolts. On entire length. Whenever the brickwork be kept reasonably cool and can reduced body staybolts, the telltale hole or grate bearers are removed for any conveniently be read by the engine shall extend beyond the fillet and into other reason, however, the bolts shall be crew. the reduced section of the staybolt. inspected at that time. Staybolts may have through telltale (b) Method of hammer testing. If § 230.43 Gauge siphon. holes. staybolts are tested while the boiler The steam gauge supply pipe shall (c) Telltale holes kept open. All contains water, the hydrostatic pressure have a siphon on it of ample capacity telltale holes, except as provided for in must be not less than 95 percent of the to prevent steam from entering the § 230.41, must be kept open at all times. MAWP. The steam locomotive owner gauge. The supply pipe shall directly

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They shall also be equipped with during the 92 service day inspection, the fire in good, bright condition and all a drain valve capable of evacuating the and whenever any irregularity is steam outlets closed. Additional safety glass when it is so isolated. reported. relief valve capacity shall be provided if § 230.53 Time of cleaning. § 230.45 Method of testing. the safety relief valves allow an excess The spindles of all water glass valves pressure of more than 6 percent above Steam gauges shall be compared with and of all gauge cocks shall be removed the MAWP during this test. an accurate test gauge or dead weight and valves and cocks thoroughly tester. While under test load at the § 230.49 Setting of safety relief valves. cleaned of scale and sediment at every MAWP of the boiler to which the gauge 31 service day inspection, and when (a) Qualifications of individual who testing indicates that the apparatus may will be applied, the gauge shall be set adjusts. Safety relief valves shall be set to read that pressure as accurately as the be malfunctioning. In addition, the top and adjusted by a competent person and bottom passages of the water physical limitations of the gauge will who is thoroughly familiar with the allow. Under test the gauge shall read column shall be cleaned and inspected construction and operation of the valve at each annual inspection. within the manufacturer’s tolerance at being set. all points on the gauge up to 25 percent (b) Opening pressures. At least one § 230.54 Testing and maintenance. above the allowed pressure. If the safety relief valve shall be set to open (a) Testing. All water glasses must be manufacturer’s tolerance is not known, at a pressure not exceeding the MAWP. blown out, all gauge cocks must be the gauge must read within 2 percent Safety relief valves shall be set to open tested, and all passages verified to be full scale accuracy at all points on the at pressures not exceeding 6 psi above open at the beginning of each day the gauge up to 25 percent above allowed the MAWP. locomotive is used, and as often as pressure. (c) Setting procedures. When setting necessary to ensure proper functioning. § 230.46 Badge plates. safety relief valves, two steam gauges (b) Maintenance. Gauge cocks, water A metal badge plate showing the shall be used, one of which must be so column drain valves, and water glass allowed steam pressure shall be located that it will be in full view of the valves must be maintained in such attached to the boiler backhead in the persons engaged in setting such valves; condition that they can easily be opened cab. If boiler backhead is lagged, the and if the pressure indicated by the and closed by hand, without the aid of lagging and jacket shall be cut away so gauges varies more than 3 psi they shall a wrench or other tool. be removed from the boiler, tested, and that the plate can be seen. § 230.55 Tubular type water and lubricator corrected before the safety relief valves glasses and shields. § 230.47 Boiler number. are set. Gauges shall in all cases be (a) Water glasses. Tubular type water (a) Generally. The builder’s number of tested immediately before the safety glasses shall be renewed at each 92 the boiler, if known, shall be stamped relief valves are set or any change made service day inspection. on the steam dome or manhole flange. in the setting. When setting safety relief (b) Shields. All tubular water glasses If the builder’s number cannot be valves, the water level shall not be 3 and lubricator glasses must be equipped obtained, an assigned number, which higher than ⁄4 of the length of the with a safe and suitable shield which shall be used in making out visible water glass, as measured from will prevent the glass from flying in case specification cards, shall be stamped on the bottom of the glass. of breakage. This shield shall be the steam dome or manhole flange. (d) Labeling of lowest set pressure. properly maintained. (b) Numbers after January 10, 1912. The set pressure of the lowest safety (c) Location and maintenance. Water Numbers which are stamped after relief valve shall be indicated on a tag glasses and water glass shields shall be January 10, 1912 shall be located on the or label attached to the steam gauge so so located, constructed, and maintained front side of the steam dome or manhole that it may be clearly read while that the engine crew can at all times flange at the upper edge of the vertical observing the steam gauge. have an unobstructed view of the water surface, oriented in a horizontal in the glass from their proper positions 3 § 230.50 Time of testing. manner, and have figures at least ⁄8 in the cab. inch high. All safety relief valves shall be tested, (c) Name of manufacturer or owner. and adjusted if necessary, under steam § 230.56 Water glass lamps. The number shall be preceded by the at every 92 service day inspection, and All water glasses must be supplied name of the manufacturer if the original also whenever any irregularity is with a suitable lamp properly located to number is known or the name of the reported. enable the engine crew to easily see the steam locomotive owner if a new Water Glasses and Gauge Cocks water in the glass. number is assigned. § 230.51 Number and location. Injectors, Feedwater Pumps, and Flue Safety Relief Valves Plugs Every boiler shall be equipped with at § 230.48 Number and capacity. least two water glasses. The lowest § 230.57 Injectors and feedwater pumps. (a) Number and capacity. Every boiler reading of the water glasses shall not be (a) Water delivery systems required. shall be equipped with at least two less than 3 inches above the highest part Each steam locomotive must be safety relief valves, suitable for the of the crown sheet. If gauge cocks are equipped with at least two means of service intended, that are capable of used, the reading of the lowest gauge delivering water to the boiler, at least preventing an accumulation of pressure cock shall not be less than 3 inches one of which is a live steam injector.

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(b) Maintenance and testing. Injectors § 230.61 Arch tubes, water bar tubes, manner that obscures the engine crew’s and feedwater pumps must be kept in circulators and thermic siphons. vision. good condition, free from scale, and (a) Frequency of cleaning. Each time must be tested at the beginning of each the boiler is washed, arch tubes and Subpart CÐSteam Locomotives and day the locomotive is used, and as often water bar tubes shall thoroughly be Tenders cleaned mechanically, washed, and as conditions require, to ensure that § 230.66 Design, construction, and they are delivering water to the boiler. inspected. Circulators and thermic maintenance. Boiler checks, delivery pipes, feed water siphons shall thoroughly be cleaned, pipes, tank hose and tank valves must washed and inspected. The steam locomotive owner and be kept in good condition, free from (b) Defects. Arch tubes and water bar operator are responsible for the general leaks and from foreign substances that tubes found blistered, bulged, or design, construction and maintenance of would obstruct the flow of water. otherwise defective shall be renewed. the steam locomotives and tenders (c) Bracing. Injectors, feedwater Circulators and thermic siphons found under their control. pumps, and all associated piping shall blistered, bulged or otherwise defective § 230.67 Responsibility for inspection and be securely braced so as to minimize shall be either repaired or renewed. repairs. vibration. (c) Method of examination. Arch tubes, water bar tubes and circulators The steam locomotive owner and/or § 230.58 Flue plugs. shall be examined using an appropriate operator shall inspect and repair all (a) When plugging is permitted. Flues NDE method that accurately measures steam locomotives and tenders under 1 their control. All defects disclosed by greater than 2 ⁄4 inches in outside wall thickness at each annual diameter (OD) shall not be plugged. inspection. All arch brick shall be any inspection shall be repaired in Flues 21⁄4 inches in outside diameter removed for this inspection. If any are accordance with accepted industry (OD) or smaller may be plugged found with wall thickness reduced standards, which may include following failure, provided only one below that required to render them safe established railroad practices, before the flue is plugged at any one time. Plugs and suitable for the service intended at steam locomotive or tender is returned must be removed and proper repairs the MAWP specified on the boiler to service. The steam locomotive owner made no later than 30 days from the specification FRA Form No. 4, they and/or operator shall not return the time the plug is applied. must be replaced or repaired. (See steam locomotive or tender to service (b) Method of plugging. When used, appendix B of this part.) unless they are in good condition and flue plugs must be made of steel. The safe and suitable for service. Steam Pipes flue must be plugged at both ends. Plugs Speed Indicators must be tied together by means of a steel § 230.62 Dry pipe. rod not less than 5⁄8 inch in diameter. § 230.68 Speed indicators. Dry pipes subject to pressure shall be Fusible Plugs examined at each annual inspection to Steam locomotives that operate at measure wall thickness. Dry pipes with speeds in excess of 20 miles per hour § 230.59 Fusible plugs. wall thickness reduced below that over the general system of railroad If boilers are equipped with fusible required to render the pipe suitable for transportation shall be equipped with plugs, the plugs shall be removed and the service intended at the MAWP must speed indicators. Where equipped, cleaned of scale each time the boiler is be replaced or repaired. speed indicators shall be maintained to washed but not less frequently than ensure accurate functioning. during every 31 service day inspection. § 230.63 Smoke box, steam pipes and Their removal shall be noted on the pressure parts. Ash Pans FRA Form No. 1 or FRA Form No. 3. The smoke box, steam pipes and § 230.69 Ash pans. (See appendix B of this part.) pressure parts shall be inspected at each Ash pans shall be securely supported Washing Boilers annual inspection, or any other time from mud-rings or frames with no part that conditions warrant. The individual less than 21⁄2 inches above the rail. § 230.60 Time of washing. conducting the inspection must enter Their operating mechanism shall be so (a) Frequency of washing. All boilers the smoke box to conduct the arranged that they may be safely shall thoroughly be washed as often as inspection, looking for signs of leaks operated and securely closed. the water conditions require, but not from any of the pressure parts therein less frequently than at each 31 service and examining all draft appliances. Brake and Signal Equipment day inspection. The date of the boiler Steam Leaks § 230.70 Safe condition. wash shall be noted on the FRA Form No. 1 or FRA Form No. 3. (See appendix § 230.64 Leaks under lagging. (a) Pre-departure inspection. At the B of this part.) The steam locomotive owner and/or beginning of each day the locomotive is (b) Plug removal. All washout plugs, operator shall take out of service at once used, the steam locomotive operator arch tube plugs, thermic siphon plugs, any boiler that has developed a leak shall ensure that: circulator plugs and water bar plugs under the lagging due to a crack in the (1) The brakes on the steam must be removed whenever locomotive shell, or to any other condition which locomotive and tender are in safe and boilers are washed. may reduce safety. Pursuant to § 230.29, suitable condition for service; (c) Plug maintenance. All washout the boiler must be repaired before being (2) The air compressor or compressors plugs, washout plug sleeves and returned to service. are in condition to provide an ample threaded openings shall be maintained supply of air for the locomotive service in a safe and suitable condition for § 230.65 Steam blocking view of engine intended; service and shall be examined for crew. (3) The devices for regulating all defects each time the plugs are removed. The steam locomotive owner and/or pressures are properly performing their (d) Fusible plugs cleaned. Fusible operator shall keep the boiler, and its functions; plugs shall be cleaned in accordance piping and appurtenances, in such (4) The brake valves work properly in with § 230.59. repair that they do not emit steam in a all positions; and

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(5) The water has been drained from The words ‘‘Emergency Brake Valve’’ often as conditions may require, but not the air-brake system. shall be clearly displayed near the less frequently than once every 92 (b) Brake pipe valve required. Each valve. service days. steam locomotive shall have a brake § 230.71 Orifice testing of compressors. (b) Orifice testing criteria. (1) pipe valve attached to the front of the (a) Frequency of testing. The Compressors in common use, as listed tender, the rear of the back cab wall, or compressor or compressors shall be in the following table, shall have orifice adjacent to the exit of a vestibuled cab. tested for capacity by orifice test as test criteria as follows:

Diameter of Air pressure Make Compressor size Single strokes orifice maintained per minute (in inches) (in pounds)

Westinghouse ...... 91¤2 ...... 120 11¤64 60 Westinghouse ...... 11 ...... 100 3¤16 60 Westinghouse ...... 150 CFM 81¤2 CC ...... 100 9¤32 60 Westinghouse ...... 120 CFM 81¤2 ...... 100 15¤64 60 New York ...... 2a ...... 120 5¤32 60 New York ...... 6a ...... 100 13¤64 60 New York ...... 5b ...... 100 15¤64 60 Note: This table shall be used for altitudes to and including 1,000 feet. For altitudes over 1,000 feet the speed of compressor may be in- creased 5 single strokes per minute for each 1,000 feet increase in altitude.

(2) For compressors not listed in the in paragraph (a) of this section are not plates at an interval of no more than 6 table in paragraph (b)(1) of this section, required during the annual inspection. inches longitudinally. The reservoir the air pressure to be maintained shall Whenever any telltale hole shall have shall be withdrawn permanently from be no less than 80 percent of the penetrated the interior of any reservoir, service where NDE testing reveals wall manufacturer’s rated capacity for the the reservoir shall be permanently thickness less than the value compressor. withdrawn from service. determined by the following formula: (c) Welded main reservoirs without t=(PR/(0.5S¥0.6P)) § 230.72 Testing main reservoirs. longitudinal lap seams. For welded (a) Hammer and hydrostatic testing. main reservoirs that do not have Where: Except as described in paragraphs (b) longitudinal lap seams, an appropriate t = Minimum value for wall thickness; through (d) of this section, every main NDE method that can measure the wall P = Certified working pressure in psi; reservoir, except those cast integrally thickness of the reservoir may be used S = 1⁄5 of the minimum specified tensile with the frame, shall be hammer and instead of the hammer test and strength of the material in psi, or hydrostatically tested during each hydrostatic test required in paragraph 10,000 psi if the tensile strength of annual inspection. The reservoir shall (a) of this section. The spacing of the steel is unknown; and be hammer tested while empty and with sampling points for wall thickness shall R = Inside radius of the reservoir in no pressure applied. If no defective not be greater than 12 inches inches. areas are detected, a hydrostatic test of longitudinally and circumferentially. (2) Repairs of reservoirs with reduced MAWP shall be applied. The reservoir shall permanently be wall thickness are prohibited. (b) Drilling of main reservoirs. (1) withdrawn from service where the NDE Only welded main reservoir originally testing reveals wall thickness less than § 230.73 Air gauges. constructed to withstand at least five the value determined by the following (a) Location. Air gauges shall be so times the MAWP may be drilled over its formula: located that they may be conveniently entire surface with telltale holes that are t=(PR/(S¥.6P) read by the engineer from his or her 3 ⁄16 of an inch in diameter. The holes Where: usual position in the cab. No air gauge shall be spaced not more than 12 inches t = Minimum value for wall thickness; may be more than 3 psi in error. apart, measured both longitudinally and P = Certified working pressure in psi; (b) Frequency of testing. Air gauges circumferentially, and drilled from the 1 S = ⁄5 of the minimum specified tensile shall be tested prior to reapplication outer surface to an extreme depth strength of the material in psi, or following removal, as well as during the determined by the following formula: 10,000 psi if the tensile strength is 92 service day inspection and whenever D=(.6PR/(S¥.6P)) unknown; and any irregularity is reported. Where: R = Inside radius of the reservoir in (c) Method of testing. Air gauges shall D = Extreme depth of telltale holes in inches. be tested using an accurate test gauge or inches but in no case less than one- (d) Welded or riveted longitudinal lap dead weight tester designed for this sixteenth inch; seam main reservoirs. (1) For welded or purpose. P = certified working pressure in psi; riveted longitudinal lap seam main S = 1⁄5 of the minimum specified tensile reservoirs, an appropriate NDE method § 230.74 Time of cleaning. strength of the material in psi; and that can measure wall thickness of the All valves in the air brake system, R = inside radius of the reservoir in reservoir shall be used instead of, or in including related dirt collectors and inches. addition to, the hammer test and filters, shall be cleaned and tested in (2) One row of holes shall be drilled hydrostatic test. The spacing of the accordance with accepted brake lengthwise of the reservoir on a line sampling points for wall thickness shall equipment manufacturer’s intersecting the drain opening. When not be greater than 12 inches specifications, or as often as conditions main reservoirs are drilled as described longitudinally and circumferentially. require to maintain them in a safe and in paragraph (b)(1) of this section, the Particular care shall be taken to measure suitable condition for service, but not hydrostatic and hammer tests described along the longitudinal seam on both less frequently than after 368 service

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Mechanically operated fire doors shall The date of testing and cleaning and be so constructed and maintained that the initials of the shop or station at § 230.79 Train signal system. they may be operated by pressure of the which the work is done, shall legibly be Where utilized, the train signal foot on a pedal, or other suitable stenciled in a conspicuous place on the system, or any other form of on-board appliance, located on the floor of the tested parts or placed on a card communication, shall be tested and cab or tender at a suitable distance from displayed under a transparent cover in known to be in safe and suitable the fire door, so that they may be the cab of the steam locomotive. condition for service at the beginning of conveniently operated by the person each day the locomotive is used. § 230.76 Piston travel. firing the steam locomotive. (a) Minimum piston travel. The Cabs, Warning Signals, Sanders and (c) Hand-operated doors. Hand minimum piston travel shall be Lights operated fire doors shall be so constructed and maintained that they sufficient to provide proper brake shoe § 230.80 Cabs. clearance when the brakes are released. may be conveniently operated by the (b) Maximum piston travel. The (a) General provisions. Cabs shall be person firing the steam locomotive. securely attached or braced and maximum piston travel when steam § 230.83 Cylinder cocks. locomotive is standing shall be as maintained in a safe and suitable Each steam locomotive shall be follows: condition for service. Cab windows of steam locomotives shall provide an equipped with cylinder cocks which Maximum undistorted view of the track and can be operated from the cab of the Type of wheel brake piston travel signals for the crew from their normal steam locomotive. All cylinder cocks (in inches) position in the cab. Cab floors shall be shall be maintained in a safe and kept free of tripping or slipping hazards. suitable condition for service. 1 Cam Type Driving Wheel Brake 3 ¤2 The cab climate shall be maintained to Other forms of Driving Wheel § 230.84 Sanders. Brake ...... 6 provide an environment that does not unreasonably interfere with the engine Steam locomotives shall be equipped Engine Truck Brake ...... 8 with operable sanders that deposit sand Tender Brake ...... 9 crew’s performance of their duties under ordinary conditions of service. on the rail head in front of a set of driving wheels. Sanders shall be tested § 230.77 Foundation brake gear. (b) Steam pipes. Steam pipes shall not be fastened to the cab. New construction at the beginning of each day the (a) Maintenance. Foundation brake or renewals made of iron or steel pipe locomotive is used. gear shall be maintained in a safe and 1 greater than ⁄8 inch NPS that are subject § 230.85 Audible warning device. suitable condition for service. Levers, to boiler pressure in cabs shall have a (a) General provisions. Each steam rods, brake beams, hangers, and pins minimum wall thickness equivalent to locomotive shall be equipped with an shall be of ample strength, and shall not schedule 80 pipe, with properly rated audible warning device that produces a be fouled in any way which will affect valves and fittings. Live steam heating minimum sound level of 96db(A) at 100 the proper operation of the brake. All radiators must not be fastened to the feet in front of the steam locomotive in pins shall be properly secured in place cab. Exhaust steam radiators may be its direction of travel. The device shall with cotter pine, split keys, or nuts. fastened to the cab. Brake shoes must be properly applied (c) Oil-burning steam locomotives. If be arranged so that it may conveniently and kept approximately in line with the the cab is enclosed, oil burning steam be operated by the engineer from his or tread of the wheel. locomotives that take air for combustion her normal position in the cab. (b) Distance above the rails. No part through the fire-door opening shall have (b) Method of measurement. of the foundation brake gear of the a suitable conduit extending from the Measurement of the sound level shall be steam locomotive or tender shall be less fire-door to the outside of the cab. made using a sound level meter than 21⁄2 inches above the rails. conforming, at a minimum, to the § 230.81 Cab aprons. requirements of ANSI S1.4–1971, Type § 230.78 Leakage. (a) General provisions. Cab aprons 2, and set to an A-weighted slow (a) Main reservoirs and related piping. shall be of proper length and width to response. While the steam locomotive is Leakage from main reservoir and related ensure safety. Cab aprons shall be on level, tangent track, the microphone piping shall be tested at every 92 service securely hinged, maintained in a safe shall be positioned 4 feet above the day inspection and shall not exceed an and suitable condition for service, and ground at the center line of the track average of 3 psi per minute in a test of roughened, or other provision made, to and shall be oriented with respect to the 3 minutes duration that is made after afford secure footing. sound source in accordance with the the pressure has been reduced to 60 (b) Width of apron. The cab apron microphone manufacturer’s percent of the maximum operating shall be of a sufficient width to prevent, recommendations. pressure. when the drawbar is disconnected and § 230.86 Required illumination. (b) Brake cylinders. Leakage from the safety chains or the safety bars are brake cylinders shall be tested at every taut, the apron from dropping between (a) General provisions. Each steam 92 service day inspection. With a full the steam locomotive and tender. locomotive used between sunset and service application from maximum sunrise shall be equipped with an brake pipe pressure, and with § 230.82 Fire doors. operable headlight that provides communication to the brake cylinders (a) General provisions. Each steam illumination sufficient for a steam closed, the brakes on the steam locomotive shall have a fire door which locomotive engineer in the cab to see, in locomotive and tender must remain shall latch securely when closed and a clear atmosphere, a dark object as applied for a minimum of 5 minutes. which shall be maintained in a safe and large as a man of average size standing

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If a steam locomotive is independent air reservoir is used as the vertical movement. regularly required to run backward for source of the auxiliary supply for the any portion of its trip other than to pick reverse gear, it shall be provided with § 230.92 Draw gear and draft systems. up a detached portion of its train or to means to automatically prevent loss of Couplers, draft gear and attachments make terminal movements, it shall also pressure in event of failure of the main on steam locomotives and tenders shall be equipped on its rear end with an reservoir air pressure. be securely fastened, and maintained in operable headlight that is capable of (c) Power reverse gear reservoirs. safe and suitable condition for service. providing the illumination described in Power reverse gear reservoirs, if Driving Gear this paragraph (a). provided, must be equipped with the (b) Dimming device. Such headlights means to automatically prevent the loss § 230.93 Pistons and piston rods. shall be provided with a device whereby of pressure in the event of a failure of (a) Maintenance and testing. Pistons the light from same may be diminished main air pressure and have storage and piston rods shall be maintained in in yards and at stations or when meeting capacity for not less than one complete safe and suitable condition for service. trains. operating cycle of control equipment. Piston rods shall be inspected for cracks (c) Where multiple locomotives Draw Gear and Draft Systems each time they are removed, and shall utilized. When two or more locomotives be renewed if found defective. are used in the same train, the leading § 230.90 Draw gear between steam (b) Fasteners. Fasteners (keys, nuts, locomotive only will be required to locomotive and tender. etc.) shall be kept tight and shall have display a headlight. (a) Maintenance and testing. The some means to prevent them from § 230.87 Cab lights. draw gear between the steam locomotive loosening or falling out of place. and tender, together with the pins and Each steam locomotive shall have cab fastenings, shall be maintained in safe § 230.94 Crossheads. lights that sufficiently illuminate the and suitable condition for service. The Crossheads shall be maintained in a control instruments, meters and gauges pins and drawbar shall be removed and safe and suitable condition for service, to allow the engine crew to make tested for defects using an appropriate with not more than 1⁄4 inch vertical or accurate readings from their usual and NDE method at every annual inspection. 5⁄16 inch lateral clearance between proper positions in the cab. These lights Where visual inspection does not crossheads and guides. shall be so located and constructed that disclose any defects, an additional NDE the light will shine only on those parts testing method shall be employed. § 230.95 Guides. requiring illumination and does not Suitable means for securing the drawbar Guides shall be securely fastened and interfere with the engine crew’s vision pins in place shall be provided. Inverted maintained in a safe and suitable of the track and signals. Each steam drawbar pins shall be held in place by condition for service. locomotive shall also have a plate or stirrup. conveniently located additional lamp § 230.96 Main, side, and valve motion (b) Safety bars and chains generally. rods. that can be readily turned on and off by One or more safety bar(s) or two or more (a) General. Main, side or valve the persons operating the steam safety chains shall be provided between motion rods developing cracks or locomotive and that provides sufficient the steam locomotive and tender. The becoming otherwise defective shall be illumination to read train orders and combined strength of the safety chains removed from service immediately and timetables. or safety bar(s) and their fastenings shall repaired or renewed. be not less than 50 percent of the Throttle and Reversing Gear (b) Repairs. Repairs, and welding of strength of the drawbar and its main, side or valve motion rods shall be § 230.88 Throttles. connections. These shall be maintained made in accordance with an accepted Throttles shall be maintained in safe in safe and suitable condition for national standard. The steam and suitable condition for service, and service, and inspected at the same time locomotive owner and/or operator shall efficient means shall be provided to draw gear is inspected. hold the throttle lever in any desired (c) Minimum length of safety chains submit a written request for approval to position. or bars. Safety chains or safety bar(s) the FRA Regional Administrator prior to shall be of the minimum length welding defective main rods, side rods, § 230.89 Reverse gear. consistent with the curvature of the and valve gear components. (a) General provisions. Reverse gear, railroad on which the steam locomotive (c) Bearings and bushings. Bearings reverse levers, and quadrants shall be is operated. and bushings shall so fit the rods as to maintained in a safe and suitable (d) Lost motion. Lost motion between be in a safe and suitable condition for condition for service. Reverse lever steam locomotives and tenders not service, and means shall be provided to latch shall be so arranged that it can be equipped with spring buffers shall be prevent bushings from turning in the easily disengaged, and provided with a kept to a minimum and shall not exceed rod. Straps shall fit and be securely bolted to rods. Floating bushings need spring which will keep it firmly seated 1⁄2 inch. in quadrant. Proper counterbalance (e) Spring buffers. When spring not be provided with means to prevent shall be provided for the valve gear. buffers are used between steam bushings from turning. (b) Air-operated power reverse gear. locomotives and tenders the spring shall (d) Side motion of rods. The total Steam locomotives that are equipped be applied with not less than 3⁄4 inch amount of side motion of each rod on with air operated power reverse gear compression, and shall at all times be its crank pin shall not exceed 1⁄4 inch. shall be equipped with a connection under sufficient compression to keep (e) Oil and grease cups. Oil and grease whereby such gear may be operated by the chafing faces in contact. cups shall be securely attached to rods, steam or by an auxiliary supply of air in and grease cup plugs shall be equipped case of failure of the main reservoir air § 230.91 Chafing irons. with a suitable fastening that will pressure. The operating valve handle for Chafing irons that permit proper prevent them from being ejected. such connection shall be conveniently curving shall be securely attached to the (f) Main rod bearings. The bore of located in the cab of the locomotive and steam locomotive and tender, and shall main rod bearings shall not exceed pin

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Minimum Minimum Minimum Axle load (in pounds) diameter of diameter of diameter of journal wheel seat center (in inches) (in inches) (in inches)

50000 ...... 51¤2 73¤8 67¤16 38000 ...... 5 63¤4 57¤8 31000 ...... 41¤2 61¤4 55¤16 22000 ...... 33¤4 5 43¤8 15000 ...... 31¤4 45¤8 37¤8

§ 230.100 Defects in tender truck axles and § 230.101 Steam locomotive driving (6) Has an exposed center core (except journals. journal boxes. by design); or (a) Tender truck axle condemning (a) Driving journal boxes. Driving (7) Has metal parts contacting the defects. Tender truck axles with any of journal boxes shall be maintained in a journal; the following defects shall be removed safe and suitable condition for service. (e) A plain bearing that: from service immediately and repaired: Not more than one shim may be used (1) Is missing, cracked, broken; (2) Has a bearing liner loose; (1) Axles that are bent; between the box and bearing. (b) Broken bearings. Broken bearings (3) Has a broken out piece; or (2) Collars that are broken, cracked, or (4) Has indications of having been 1 shall be renewed. worn to ⁄4 inch or less in thickness; overheated, as evidenced by: (c) Loose bearings. Loose bearings (3) Truck axles that are unsafe on (i) Melted babbitt: account of usage, accident, or shall be repaired or renewed. (ii) Smoke from hot oil; or derailment; § 230.102 Tender plain bearing journal (iii) Journal surface damage; or (4) A fillet in the back shoulder that boxes. (f) A plain bearing wedge that: is worn out; or (1) Is missing, cracked or broken; or Plain bearing journal boxes with the (2) Is not located in its design (5) A gouge between the wheel seats following defects shall be removed from position. that is more than 1⁄8 of an inch in depth. service immediately and repaired: (b) Tender truck journal condemning (a) A box that does not contain visible § 230.103 Tender roller bearing journal defects. Tender truck journals with any free oil; boxes. of the following defects shall be (b) A box lid that is missing, broken, Tender roller bearing journal boxes removed from service immediately and or open except to receive servicing; shall be maintained in a safe and repaired : (c) A box containing foreign matter, suitable condition. such as dirt, sand, or coal dust that can (1) Cut journals that cannot be made § 230.104 Driving box shoes and wedges. to run cool without turning; reasonably be expected to damage the Driving box shoes and wedges shall (2) Seams in axles causing journals to bearing; or have a detrimental effect on be maintained in a safe and suitable run hot; the lubrication of the journal and condition for service. (3) Overheating, as evidenced by bearing; pronounced blue black discoloration; (d) A lubricating pad that: § 230.105 Lateral motion. (1) Is missing; (4) Transverse seams in journals of (a) Condemning limits. The total (2) Is not in contact with the journal; iron or steel axles; or lateral motion or play between the hubs (3) Has a tear extending half the (5) Journal surfaces having any of the of the wheels and the boxes on any pair length or width of the pad, or more, following: of wheels shall not exceed the following except by design; limits: (i) A circumferential score; (4) Shows evidence of having been (ii) Corrugation; scorched, burned, or glazed; Inches (iii) Pitting; (5) Contains decaying or deteriorated (iv) Rust; fabric that impairs proper lubrication of Engine truck wheels (with swing (v) Etching. the pad; centers) ...... 1

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Inches § 230.108 Steam locomotive leading and either side when measured on tangent trailing trucks. level track. Engine truck wheels (with rigid cen- (a) Maintenance. Trucks shall be (g) Side bearings. All rear trucks shall ters) ...... 11¤2 maintained in safe and suitable be equipped with side bearings. When Trailing truck wheels ...... 1 condition for service. Center plates shall the spread of side bearings is 50 inches, Driving wheels ...... 3¤4 fit properly, and the male center plate their maximum clearance shall be 3⁄8 shall extend into the female center plate inch on each side for rear trucks and 3⁄4 (b) Limits increased. These limits may not less than 3⁄4 inch. All centering inch on each side for front trucks, where be increased on steam locomotives devices shall be properly maintained used. When the spread of the side operating on track where the curvature and shall not permit lost motion in bearings is increased, the maximum exceeds 20 degrees when it can be excess of 1⁄2 inch. clearance shall be increased shown that conditions require (b) Safety chain required. A suitable proportionately. additional lateral motion. safety chain shall be provided at each (c) Non-interference with other parts. § 230.110 Pilots. The lateral motion shall in all cases be front corner of all four wheel engine trucks. (a) General provisions. Pilots shall be kept within such limits that the driving securely attached, properly braced, and wheels, rods, or crank pins will not (c) Clearance required. All parts of trucks shall have sufficient clearance to maintained in a safe and suitable interfere with other parts of the steam condition for service. locomotive. prevent them from interfering with any other part of the steam locomotive. (b) Minimum and maximum Trucks, Frames and Equalizing System clearance. The minimum clearance of § 230.109 Tender trucks. pilot above the rail shall be 3 inches and § 230.106 Steam locomotive frame. (a) Tender truck frames. A tender the maximum clearance shall be 6 (a) Maintenance and inspection. truck frame shall not be broken, or have inches measured on tangent level track. Frames, decks, plates, tailpieces, a crack in a stress area that affects its § 230.111 Spring rigging. pedestals, and braces shall be structural integrity. Tender truck center maintained in a safe and suitable plates shall be securely fastened, (a) Arrangement of springs and condition for service, and shall be maintained in a safe and suitable equalizers. Springs and equalizers shall cleaned and thoroughly inspected as condition for service, and provided with be arranged to ensure the proper often as necessary to maintain in a safe a center pin properly secured. The male distribution of weight to the various and suitable condition for service with center plate must extend into the female wheels of the steam locomotive, 3 maintained approximately level and in cleaning intervals, in any case, not to center plate at least ⁄4 inch. Shims may exceed every 1472 service days. be used between truck center plates. a safe and suitable condition for service. (b) Broken frames. Broken frames (b) Tender truck bolsters. Truck Adjusting weights by shifting weights properly patched or secured by clamps bolsters shall be maintained from one pair of wheels to another is or other suitable means which restores approximately level. permissible. the rigidity of the frame are permitted. (c) Condemning defects for springs or (b) Spring or spring rigging condemning defects. Springs or spring § 230.107 Tender frame and body. spring rigging. Springs or spring rigging with any of the following defects shall rigging with any of the following defects (a) Maintenance. Tender frames shall shall be removed from service be maintained in a safe and suitable be taken out of service immediately and renewed or properly repaired: immediately and renewed or properly condition for service. repaired: (b) Height difference. The difference (1) An elliptical spring with its top (long) leaf or any other five leaves in the (1) Top leaf broken or two leaves in in height between the deck on the top half or any three leaves in spring tender and the cab floor or deck on the entire spring pack broken; (2) A broken coil spring or saddle; broken. (The long side of a spring to be steam locomotive shall not exceed 11⁄2 (3) A coil spring that is fully considered the top.) Broken springs not inches. exceeding these requirements may be (c) Gangway minimum width. The compressed; repaired by applying clips providing the minimum width of the gangway (4) A broken or cracked equalizer, hanger, bolt, gib or pin; clips can be made to remain in place; between steam locomotive and tender, (2) Any spring with leaves excessively while standing on tangent track, shall be (5) A broken coil spring saddle; and (6) A semi-elliptical spring with a top shifting in the band; 16 inches. (3) Broken coil springs; or (d) Tender frame condemning defects. (long) leaf broken or two leaves in the top half broken, or any three leaves in (4) Broken driving box saddle, A tender frame with any of the equalizer, hanger, bolt, or pin. following defects shall be removed from the entire spring broken. service immediately and repaired: (d) Tender securing arrangement. Wheels and Tires (1) Portions of the tender frame or Where equipped, tender devices and/or body (except wheels) that have less than securing arrangements intended to § 230.112 Wheels and tires. a 21⁄2 inches clearance from the top of prevent the truck and tender body from (a) Mounting. Wheels shall be rail; separating in case of derailment shall be securely mounted on axles. Prick (2) Tender center sill that is broken, maintained in a safe and suitable punching or shimming the wheel fit will cracked more than 6 inches, or condition for service. not be permitted. The diameter of permanently bent or buckled more than (e) Side bearings and truck centering wheels on the same axle shall not vary 3 21⁄2 inches in any six foot length; devices. Where equipped, side bearings more than ⁄32 inch. (3) Tender coupler carrier that is and truck centering devices shall be (b) Gage. Wheels used on standard broken or missing; maintained in a safe and suitable gage track will be out of gage if the (4) Tender center plate, any portion of condition for service. inside gage of flanges, measured on base which is missing or broken or that is not (f) Friction side bearings. Friction side line is less than 53 inches or more than properly secured; or bearings shall not be run in contact, and 533⁄8 inches. Wheels used on less than (5) Tender that has a broken side sill, shall not be considered to be in contact standard gage track will be out of gage crossbearer, or body bolster. if there is clearance between them on if the inside gage of flanges, measured

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Minimum Weight per axle (weight on drivers divided by number of pairs of driving wheels) Diameter of wheel center (inches) thickness (inches)

30,000 pounds and under ...... 44 and under ...... 11¤4 Over 44 to 50 ...... 15¤16 Over 50 to 56 ...... 13¤8 Over 56 to 62 ...... 17¤16 Over 62 to 68 ...... 11¤2 Over 68 to 74 ...... 19¤16 Over 74 ...... 15¤8 Over 30,000 to 35,000 pounds ...... 44 and under ...... 15¤16 Over 44 to 50 ...... 13¤8 Over 50 to 56 ...... 17¤16 Over 56 to 62 ...... 11¤2 Over 62 to 68 ...... 19¤16 Over 68 to 74 ...... 15¤8 Over 74 ...... 111¤16 Over 35,000 to 40,000 pounds ...... 44 and under ...... 13¤8 Over 44 to 50 ...... 17¤16 Over 50 to 56 ...... 11¤2 Over 56 to 62 ...... 19¤16 Over 62 to 68 ...... 15¤8 Over 68 to 74 ...... 111¤16 Over 74 ...... 13¤4 Over 40,000 to 45,000 pounds ...... 44 and under ...... 17¤16 Over 44 to 50 ...... 11¤2 Over 50 to 56 ...... 19¤16 Over 56 to 62 ...... 15¤8 Over 62 to 68 ...... 111¤16 Over 68 to 74 ...... 13¤4 Over 74 ...... 113¤16 Over 45,000 to 50,000 pounds ...... 44 and under ...... 11¤2 Over 44 to 50 ...... 19¤16 Over 50 to 56 ...... 15¤8 Over 56 to 62 ...... 111¤16 Over 62 to 68 ...... 13¤4 Over 68 to 74 ...... 113¤16 Over 74 ...... 17¤8 Over 50,000 to 55,000 pounds ...... 44 and under ...... 19¤16 Over 44 to 50 ...... 15¤8 Over 50 to 56 ...... 111¤16 Over 56 to 62 ...... 13¤4 Over 62 to 68 ...... 113¤16 Over 68 to 74 ...... 17¤8 Over 74 ...... 115¤16 Over 55,000 pounds ...... 44 and under ...... 15¤8 Over 44 to 50 ...... 111¤16 Over 50 to 56 ...... 13¤4 Over 56 to 62 ...... 113¤16 Over 62 to 68 ...... 17¤8 Over 68 to 74 ...... 115¤16 Over 74 ...... 2

(e) Tire width. Flanged tires shall be § 230.113 Wheels and tire defects. welded is a welded wheel for the life of 1 no less than 5 ⁄2 inches wide for Steam locomotive and tender wheels the wheel. standard gage and no less than 5 inches or tires developing any of the defects (a) Cracks or breaks. Wheels and tires wide for narrow gage. Plain tires shall listed in this section shall be removed may not have a crack or break in the be no less than 6 inches wide for from service immediately and repaired. flange, tread, rim, plate, hub or brackets. 1 standard gage and no less than 5 ⁄2 Except as provided in § 230.114, (b) Flat spots. Wheels and tires may inches wide for narrow gage. welding on wheels and tires is not have a single flat spot that is 21⁄2 prohibited. A wheel that has been inches or more in length, or two

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Wheels and tires may broken. lowest safety valve. not have a circumferentially broken rim (c) Wheel center repairs. Wheel 2. Testing of water glasses and gauge if the tread, measured from the flange at centers may be repaired by welding or cocks.* a point 5⁄8 inch above the tread, is less brazing provided that the defect can 3. Inspection of tubular water glass shields. than 33⁄4 inches in width. properly be so repaired and, following 4. Inspection of all cab lamps.* (e) Shelled-out spots. Wheels and tires the repair, the crankpin and axle shall 5. Inspection of boiler feedwater delivery systems.* may not have a shelled-out spot 21⁄2 remain tight in the wheel. Banding of inches or more in length, or two 6. Inspection of lagging for indication of the hub is permitted. leaks. adjoining spots that are each two or (d) Counterbalance maintenance. 7. Inspection for leaks obstructing vision of more inches in length, or so numerous Wheel counterbalances shall be engine crew. as to endanger the safety of the wheel. maintained in a safe and suitable 8. Observance of compressor(s) and (f) Seams. Wheels and tires may not condition for service. governor to ascertain proper operation.* have a seam running lengthwise that is 9. Inspection of brake and signal within 33⁄4 inches of the flange. Steam Locomotive Tanks equipment.* 10. Inspection of brake cylinders for piston (g) Worn flanges. Wheels and tires § 230.115 Feed water tanks. may not have a flange worn to a 15⁄16 travel. inch thickness or less, as measured at a (a) General provisions. Tanks shall be 11. Inspection of foundation brake gear. maintained free from leaks, and in safe 12. Inspection of sanders.* point 3⁄8 inch above the tread. and suitable condition for service. 13. Inspection of draw gear and chafing (h) Worn treads. Wheels and tires may irons. 5 Suitable screens must be provided for not have a tread worn hollow ⁄16 inch 14. Inspection of draft gear. or more. tank wells or tank hose and shall be maintained in a manner that allows the 15. Inspection of crossheads and guides. (i) Flange height. Wheels and tires 16. Inspection of piston rods and fasteners. may not have a flange height of less than unobstructed flow of water. Feed water 17. Inspection of main, side, and valve tanks shall be equipped with a device 1 inch nor more than 11⁄2 inches, as motion rods. measured from the tread to the top of that permits the measurement of the 18. Inspection of headlights and the flange. quantity of water in the tender feed classification lamps.* (j) Rim thickness. Wheels may not water tank from the cab or tender deck 19. Inspection of running gear. have rims less than 1 inch thick. of the steam locomotive. Such device 20. Inspection of tender frames and tanks. (k) Wheel diameter. Wheels may not shall be properly maintained. 21. Inspection of tender trucks for amount of side bearing clearance. have wheel diameter variance, for (b) Inspection frequency. As often as wheels on the same axle or in the same conditions warrant but not less Note: All items marked (*) should be checked at the beginning of each day the 3 frequently than every 92 service days, driving wheel base, greater than ⁄32 locomotive is used. inch, when all tires are turned or new the interior of the tank shall be tires applied to driving and trailing inspected, and cleaned if necessary. 31 Service Day Inspection Requirements; wheels. When a single tire is applied, (c) Top of tender. Top of tender § 230.14 the diameter must not vary more than behind fuel space shall be kept clean, 1. Washing of boiler. 3⁄32 inch from that of the opposite wheel and means provided to carry off excess 2. Cleaning and inspection of water glass on the same axle. When a single pair of water. Suitable covers shall be provided valves and gauge cocks. tires is applied the diameter must be for filling holes. 3. Cleaning, washing and inspection of 3 arch tubes, water bar tubes, circulators and within ⁄32 inch of the average diameter § 230.116 Oil tanks. siphons. of the wheels in the driving wheel base The oil tanks on oil burning steam 4. Removal and inspection of all washout to which they are applied. locomotives shall be maintained free and water tube plugs. 5. Testing of all staybolts. § 230.114 Wheel centers. from leaks. The oil supply pipe shall be 6. Removal, cleaning and inspection of (a) Filling blocks and shims. Driving equipped with a safety cut-off device fusible plugs (if any). and trailing wheel centers with divided that: (a) Is located adjacent to the fuel 92 Service Day Inspection Requirements; rims shall be properly fitted with iron § 230.15 or steel filling blocks before the tires are supply tank or in another safe location; applied, and such filling blocks shall be (b) Closes automatically when tripped 1. Removal and testing of all air and steam gauges. properly maintained. When shims are and that can be reset without hazard; and 2. Cleaning of steam gauge siphon pipe. inserted between the tire and the wheel 3. Renewal of tubular water glasses. center, not more than two thicknesses of (c) Can be hand operated from clearly 4. Testing and adjusting of safety relief shims may be used, one of which must marked locations, one inside the cab valves. extend entirely around the wheel. The and one accessible from the ground on 5. Testing of main reservoir and brake shim which extends entirely around the each exterior side of the steam cylinder leakage. wheel may be in three or four pieces, locomotive. 6. Entering and inspection of tender tank interior. providing they do not lap. Appendix A to Part 230—Inspection (b) Wheel center condemning defects. Requirements Annual Inspection Requirements; § 230.16 Wheel centers with any of the following The lists in this appendix are intended as 1. Testing of thickness of arch and water defects shall be removed from service guidance only. Adherence to this list does bar tubes (arch brick to be removed) immediately and repaired: not relieve the steam locomotive owner and/ 2. Hydrostatic testing of boiler. (1) Wheels centers loose on axle; or operator of responsibility for either: (1) 3. Testing of all staybolts. (2) Broken or defective tire fastenings; Completing the inspection and maintenance 4. Interior inspection of boiler.

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5. Thickness verification of dry pipes. 5 Year Inspection Requirements; § 230.16 2. Removal of jacket and lagging and 6. Smoke box inspection. 1. Inspection of flexible staybolt caps and inspection of boiler interior and exterior. 7. Main reservoir hammer or UT testing sleeves. 3. Hydrostatic testing of boiler. and hydrostatic testing (for non-welded and 4. Thickness verification (boiler survey) drilled main reservoirs) 1472 Service Day Inspection Requirements; and recomputation and update of steam 8. Removal and inspection of steam § 230.17 locomotive specification card, (FRA Form locomotive drawbar(s) and pins (NDE testing other than merely visual) 1. Removal of boiler flues (as necessary) No. 4). and cleaning of boiler interior. 9. Inspection of longitudinal lap joint BILLING CODE 4610±06±P boiler seams.

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BILLING CODE 4610±06±C

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Appendix D to Part 230—Civil Penalty Schedule

Willful Section Violation violation

Subpart AÐGeneral 230.11 Repair of non-complying conditions: (a) Failure to repair non-complying steam locomotive prior to use in service ...... $1,000 $2,500 (b) Failure of owner and/or operator to approve repairs made prior to use of steam locomotive ...... 1,000 1,500 230.12 Movement of non-complying steam locomotive: (1)(1) 230.13 Daily inspection: (a) (b): (1) Inspection overdue ...... 1,500 3,000 (2) Inspection not performed by qualified person ...... 1,000 1,500 (c) Inspection report not made, improperly executed or not retained ...... 1,000 1,500 230.14 Thirty-one service day inspection: (a): (1) Inspection overdue ...... 1,500 3,000 (2) Inspection not performed by qualified person ...... (b) Failure to notify FRA ...... 1,000 1,500 (c) Inspection report not made, improperly executed, not properly filed ...... 1,000 1,500 230.15 Ninety-two service day inspection: (a): (1) Inspection overdue ...... 1,500 3,000 (2) Inspection not performed by qualified person ...... 1,000 1,500 (b) Inspection report not made, improperly executed, not properly filed ...... 1,000 1,500 230.16 Annual inspection: (a): (1) Inspection overdue ...... 1,500 3,000 (2) Inspection not performed by qualified person ...... 1,000 1,500 (b) Failure to notify FRA ...... 1,000 1,500 (c) Inspection report not made, improperly executed, not properly filed ...... 1,000 1,500 230.17 One thousand four hundred seventy-two service day inspection: (a): (1) Inspection overdue ...... 1,500 3,000 (2) Inspection not performed by qualified person ...... 1,250 2,000 (b) Inspection report not made, improperly executed, not properly maintained, not properly filed ...... 1,000 1,500 230.18 Service days: (a) Service day record not available for inspection ...... 1,000 1,500 (b) Failure to file service day report with FRA Regional Administrator ...... 1,000 1,500 (c) Failure to complete all 1,472 service day inspection items prior to returning retired steam locomotive to service ...... 1,500 3,000 230.19 Posting of forms: (a) FRA Form No. 1: (1) FRA Form No. 1 not properly filled out ...... 1,000 1,500 (2) FRA Form No. 1 not properly displayed ...... 1,000 1,500 (b) FRA Form No. 3: (1) FRA Form No. 3 not properly filled out ...... 1,000 1,500 (2) FRA Form No. 3 not properly displayed ...... 1,000 1,500 230.20 Alteration and repair reports: (a) Alterations: (1) Failure to properly file FRA Form No. 19 with FRA Regional Administrator ...... 1,000 1,500 (2) FRA Form No. 19 not properly filled out ...... 1,000 1,500 (3) FRA Form No. 19 not properly maintained ...... 1,000 1,500 (b) Repairs to unstayed portions of the boiler: (1) FRA Form No. 19 not properly filled out ...... 1,000 1,500 (2) FRA Form No. 19 not properly maintained ...... 1,000 1,500 (c) Repairs to stayed portions of the boiler: (1) FRA Form No. 19 not properly filled out ...... 1,000 1,500 (2) FRA Form No. 19 not properly maintained ...... 1,000 1,500 230.21 Failure to properly document steam locomotive number Change ...... 1,000 1,500 Subpart BÐBoilers and Appurtenances 230.22 Failure to properly report accident resulting from failure of steam locomotive boiler or part or appurtenance thereof ...... 1,500 2,500 230.23 Responsibility for general construction and safe working pressure: (a) Failure to properly establish safe working pressure for steam locomotive boiler ...... 5,000 10,000 (b) Placing steam locomotive in service before safe working pressure for boiler has been established ...... 5,000 10,000 230.24 Maximum allowable stress values on boiler components: (a) Use of materials not of sufficient tensile strength ...... 1,000 2,000 (b) Use of a safety factor value of less than 4 when using the code of original construction in boiler calcula- tions ...... 2,000 4,000 230.25 Maximum allowable stresses on stays and braces: (a) Exceeding allowable stress values on fire box and/or combustion chamber ...... 1,000 2,000 (b) Exceeding allowable stress values on round, rectangular or gusset braces ...... 1,000 2,000 230.29 Inspection and repair:

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Willful Section Violation violation

(a): (1) Failure of owner and/or operator to inspect and repair any steam locomotive boiler and/or appur- tenance under control thereof ...... 1,500 3,000 (2) Failure to remove steam locomotive from service when considered necessary to do so ...... 2,500 5,000 (b): (1) Failure of perform repairs in accordance with accepted industry standards ...... 2,000 4,000 (2) Owner and/or operator returning steam locomotive boiler and/or appurtenances to service before they are in good condition and safe and suitable for service ...... 2,000 4,000 230.30 Lap-joint seam boilers, Failure to properly inspect ...... 2,000 4,000 230.31 Flues to be removed: (a): (1) Failure to remove all flues when inspecting boiler ...... 1,500 3,000 (2) Failure to enter boiler and clean and inspect ...... 1,500 3,000 (b) Failure to remove superheater flues when deemed necessary to do so ...... 1,000 2,000 230.32 Time and method of inspection: (a) Failure to perform 1,472 service day inspection when required to do so ...... 1,500 3,000 (b) Failure to properly inspect boiler during 1,472 service day inspection ...... 1,500 3,000 230.33 Welded repairs and alterations: (a) Failure to obtain permission before welding on unstayed portions of boiler containing alloy or carbon steel with carbon content over .25 percent carbon ...... 1,500 3,000 (b) Failure to perform welding on unstayed portions of boiler containing carbon steel not exceeding .25 percent carbon in accordance with a nationally accepted standard for boiler repairs ...... 1,500 3,000 (c): (1) Failure to submit written request for approval before performing weld buildup on wasted areas of unstayed boiler surfaces that exceed 100 square inches or the smaller of 25 percent of minimum re- quired wall thickness or 1¤2 inch ...... 1,500 3,000 (2) Repairing wasted sheets ...... 1,500 3,000 230.34 Riveted repairs and alterations: (a) Failure to obtain approval before making riveted alterations on unstayed portions of the boiler; failure to do riveting in accordance with established railroad practices or accepted national standards for boiler repairs .... 1,500 3,000 (b) Failure to perform riveted repairs on unstayed boiler portions in accordance with established railroad prac- tices or accepted national standards for boiler repairs ...... 1,500 3,000 (c) Failure to perform riveted repairs on stayed boiler portions in accordance with established railroad practices or accepted national standards for boiler repairs ...... 1,000 2,000 230.35 Failure to raise temperature of steam locomotive boiler to 70 degrees F. before applying hydrostatic pres- sure to the boiler ...... 1,000 2,000 230.36 Hydrostatic testing of boilers: (a) Failure to perform hydrostatic test of boiler as required ...... 1,500 3,000 (b) Failure to properly perform hydrostatic test ...... 1,500 3,000 (c) Failure to properly inspect boiler after conducting hydrostatic test above MAWP ...... 1,500 3,000 230.37 Failure to perform proper steam test or inspection of boiler after completion of repair or alteration to boiler .. 1,000 2,000 230.38 Telltale holes: (a) Failure to have telltale holes as required in staybolts ...... 1,000 2,000 (b) Failure to have proper telltale holes in reduced body staybolts ...... 1,000 2,000 (c) Failure to keep telltales holes when so required ...... 1,000 2,000 230.39 Broken staybolts: (a) Boiler in service with excess number of broken staybolts ...... 1,500 3,000 (b) Failure to replace staybolts when required to do so; to properly replace staybolts when so required; to in- spect adjacent staybolts when replacing broken staybolts ...... 1,500 3,000 (c) Failure to count leaking, plugged, or missing telltale holes as broken staybolts ...... 1,500 3,000 (d) Closing telltale holes by prohibited means ...... 1,500 3,000 230.40 Time and method of staybolt testing: (a) Failure to hammer test staybolts when so required ...... 1,000 2,000 (b) Failure to properly hammer test staybolts ...... 1,000 2,000 230.41 Flexible staybolts with caps: (a) Failure to inspect flexible staybolts as required ...... 1,000 2,000 (b) Failure to replace broken flexible staybolts; failure to close inner ends of telltale holes as required ...... 1,000 2,000 (c) Failure to report removal of flexible staybolts caps and other tests on FRA Form No. 3 when so required .... 1,000 2,000 (d) Failure to remove staybolt caps or otherwise test when FRA inspector or steam locomotive owner and/or operator consider it necessary to do so ...... 1,000 2,000 230.42 Failure to have accurate boiler steam gauge where engine crew can conveniently read ...... 2,000 4,000 230.43 Failure to have gauge siphon of proper capacity on steam gauge supply pipe; failure to properly clean, maintain the steam gauge supply pipe ...... 1,000 2,000 230.44 Failure to test steam gauge when so required ...... 1,000 2,000 230.45 Failure to properly test and/or set steam gauge ...... 1,000 2,000 230.46 Failure to attach to boiler backhead metal badge plate showing allowable steam pressure ...... 1,000 1,500 230.47 Boiler Number: (a) (b) (c) Failure to stamp builder's number on boiler when number is known ...... 1,000 1,500 230.48 Number and capacity of safety relief valves: (a) Failure to equip steam locomotive boiler with proper safety relief valves ...... 2,500 5,000 (b) Failure to provide additional safety relief valve capacity when so required ...... 3,000 6,000 230.49 Setting of safety relief valves: (a) Safety relief valve(s) set and/or adjusted by person not competent to do so ...... 2,500 5,000

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Willful Section Violation violation

(b) Safety relief valve(s) not set to open at prescribed pressure(s) ...... 2,500 5,000 (c) Safety relief valve(s) not properly set ...... 3,000 6,000 (d) Set pressure of lowest safety relief valve not properly indicated ...... 1,000 2,000 230.50 Failure to test and adjust safety relief valves when required to do so ...... 1,500 3,000 230.51 Failure to equip steam locomotive boiler with at least 2 properly installed water glasses ...... 1,000 2,000 230.52 Failure to properly equip water glasses ...... 2,000 4,000 230.53 Failure to properly clean water glass valves and/or gauge cocks when required to do so ...... 1,000 2,000 230.54 Testing and maintenance: (a) Failure to properly test water glasses and/or gauge cocks ...... 1,000 2,000 (b) Failure to properly maintain gauge cocks, water column drain valves, and/or water glass valves ...... 1,500 3,000 230.55 Tubular type water and lubricator glasses and shields: (a) Failure to renew tubular type water glasses as required ...... 1,000 2,000 (b) Failure to properly shield tubular water glasses and/or lubricator glasses ...... 1,000 2,000 (c) Failure to properly locate and/or maintain water glasses and/or water glass shields ...... 1,000 2,000 230.56 Failure to equip water glass with suitable lamp ...... 1,000 2,000 230.57 Injectors and feedwater pumps: (a) Failure to equip steam locomotive with proper means for delivering water to the boiler ...... 3,000 6,000 (b) Failure to properly test and/or maintain injectors, feedwater pumps, boiler checks, delivery pipes, feed water pipes, tank hose, tank valves ...... 2,500 5,000 (c) Failure to properly brace injectors, feedwater pumps, and/or associated piping ...... 1,000 2,000 230.58 Flue plugs: (a) Plugging flue plugs when not otherwise permitted ...... 1,000 2,000 (b) Improperly plugging flue plugs, when otherwise permitted ...... 1,000 2,000 230.59 Failure to remove and properly clean fusible boiler plugs when required to do so; failure to properly note removal ...... 1,500 3,000 230.60 Time of washing: (a) Failure to thoroughly wash boiler when required to do so ...... 1,000 2,000 (b) Failure to remove washout plugs, arch tube plugs, thermic siphon plugs, circulator plugs, water bar plugs when washing locomotive boiler ...... 1,500 3,000 (c) Failure to examine and/or properly maintain washout plugs washout plug sleeves, threaded openings ...... 1,500 3,000 (d) Failure to clean fusible plugs when required to do so ...... 1,500 3,000 230.61 Arch tubes, water bar tubes, circulators and thermic siphons: (a) Failure to clean, wash, inspect arch tubes, water bar tubes, circulators and thermic siphons as required ...... 1,000 2,000 (b) Failure to renew arch tubes, water bar tubes; failure to repair or renew circulators, thermic siphons when required ...... 1,500 3,000 (c) Failure to properly inspect and/or replace as necessary arch tubes, water bar tubes, circulators ...... 1,500 3,000 230.62 Failure to properly inspect and/or repair or replace as necessary dry pipes subject to pressure ...... 2,500 5,000 230.63 Failure to properly inspect smoke box, steam pipes, pressure parts when required to do so ...... 1,500 3,000 230.64 Failure to remove from service steam locomotive boiler leaking under lagging from condition which may reduce safety and/or repair the boiler before returning to service ...... 1,500 3,000 230.65 Failure to keep steam locomotive boiler, piping, appurtenances in repair so steam does not obscure vision 1,000 2,000 230.66 Failure to properly oversee general design, construction, maintenance of steam locomotive(s) and ten- der(s) ...... 1,000 2,000 230.67 Failure to ensure all steam locomotives and tenders are properly inspected and repaired and/or all defects are properly repaired and steam locomotive and/or tender are in good condition, safe and suitable for service be- fore being returned to service ...... 2,500 5,000 230.68 Failure to equip steam locomotive that operates in excess of 20 miles per hour over the general system with speed indicator maintained to ensure accurate functioning ...... 1,000 1,500 230.69 Failure to equip steam locomotive with properly supported ash pan with operating mechanism that may be safely operated and securely closed ...... 1,000 2,000 230.70 Safe condition: (a) Failure to perform proper pre-departure inspection when so required ...... 1,000 2,000 (b) Failure to properly equip steam locomotive with brake pipe valve clearly identified as ``Emergency Brake Valve'' ...... 1,000 2,000 230.71 Orifice testing of air compressors:. (a)(b): Failure to properly test and/or maintain air compressor(s) capacity ...... 1,000 2,000 230.72 Testing main reservoirs: (a) Failure to properly test main reservoir(s) when required ...... 1,000 2,000 (b) Impermissibly or improperly drilling main reservoir ...... 1,000 2,000 (c) Impermissibly using NDE method to measure wall thickness of main reservoir ...... 1,000 2,000 (d) Failure to use appropriate method of NDE testing of wall thickness of welded or riveted longitudinal lap seam main reservoir(s); failure to withdraw main reservoir(s) from service when testing reveals insufficient wall thickness ...... 1,500 3,000 230.73 Air gauges: (a) Failure to equip steam locomotive with properly located air gauge(s) that are no more than 3 psi in error .... 1,000 1,500 (b) Failure to test air gauge(s) when so required ...... 1,000 1,500 (c) Failure to properly test air gauge(s) ...... 1,000 1,500 230.74 Failure to properly clean and/or test all air brake valves, related dirt collectors, filters when required to do so ...... 1,000 1,500 230.75 Failure to properly stencil or display date of testing and cleaning and initials of shop or station performing work ...... 1,000 1,500 230.76 Piston travel:

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Willful Section Violation violation

(a) Insufficient minimum piston travel ...... 1,000 1,500 (b) Excessive piston travel when steam locomotive is stationary ...... 1,000 2,000 230.77 Foundation brake gear: (a) Failure to properly maintain foundation brake gear ...... 1,000 2,000 (b) Foundation brake gear less than 2.5 inches above rail ...... 1,000 2,000 230.78 Leakage: (a): (1) Failure to test for leakage from main reservoir or related piping as required ...... 1,000 1,500 (2) Failure to repair excessive leakage from main reservoir or related piping leakage ...... 1,000 2,000 (b) Failure to test for brake cylinder as required ...... 1,000 1,500 (c): (1) Failure to test for leakage from steam locomotive brake pipe as required ...... 1,000 2,000 (2) Failure to repair excessive brake pipe leakage ...... 1,000 2,000 230.79 Train signal system: (1) Failure to test the train signal system or other form of on-board communication as required ...... 1,000 1,500 (2) Failure to repair train signal system or other on-board communication when not safe or suitable for service ...... 1,000 1,500 230.80 Cabs: (a) Steam locomotive cab not safe and suitable for service ...... 1,000 2,000 (b) Steam pipes: Construction, attachment ...... 1,000 2,000 (c) Oil-burning steam locomotive, cab-enclosed ...... 1,000 1,500 230.81 Cab aprons: (a) Cab apron, general provisions ...... 1,000 1,500 (b) Cab apron, insufficient width ...... 1,000 1,500 230.82 Fire doors: (a) Safe and suitable for service, general provisions ...... 1,000 2,000 (b) Construction and maintenance of mechanically operated fire doors ...... 1,000 2,000 (c) Construction and maintenance of hand-operated fire doors ...... 1,000 2,000 230.83 Cylinder cocks: (1) Failure to properly equip with cylinder cocks ...... 1,000 1,500 (2) Failure to properly maintain cylinder cocks ...... 1,000 1,500 230.84 Sanders: (1) Inoperable sanders ...... 1,000 1,500 (2) Failure to test sanders ...... 1,000 1,500 230.85 Audible warning devices: (a) General provisions ...... 1,000 1,500 (b) Sound level measurements, Failure to properly take ...... 1,000 1,500 230.86 Required illumination: (a) General provisions ...... 1,000 1,500 (b) Dimming device, Failure to properly equip with ...... 1,000 1,500 (c) Multiple locomotives, Failure of lead locomotive to display headlight ...... 1,000 1,500 230.87 Cab lights: Failure to properly equip with ...... 1,000 2,000 230.88 Throttles: Failure to properly maintain, equip ...... 1,000 2,000 230.89 Reverse gear: (a) General provisions ...... 1,000 2,000 (b) Air-operated power reverse gear ...... 1,000 2,000 (c) Power reverse gear reservoirs ...... 1,000 2,000 230.90 Draw gear and draft systems: (a) Maintenance and testing ...... 1,000 1,500 (b) Safety bars and chains, general ...... 1,000 1,500 (c) Safety bars and chains, minimum length ...... 1,000 1,500 (d) Lost motion between steam locomotive and tender ...... 1,000 1,500 (e) Spring buffers: Improper application, compression ...... 1,000 1,500 230.91 Chafing irons: Improper application, maintenance ...... 1,000 1,500 230.92 Draw gear, draft systems: Improperly maintained, fastened ...... 1,000 1,500 230.93 Pistons and piston rods: (a) Failure to properly inspect, maintain, renew ...... 1,000 2,000 (b) Fasteners: Failure to keep tight, properly equip ...... 1,000 2,000 230.94 Crossheads: Improperly maintained, excess clearance ...... 1,000 2,000 230.95 Guides: Failure to securely fasten, properly maintain ...... 1,000 2,000 230.96 Main, side, valve motion rods: (a) General ...... 1,000 2,000 (b) Repairs. (1) Failure to make in accordance with accepted national standard ...... 1,000 2,000 (2) Failure to submit written request for approval prior to welding ...... 1,000 2,000 (c) Bearings and bushings ...... 1,000 1,500 (d) Rod side motion: Excessive motion ...... 1,000 1,500 (e) Oil, grease cups: Failure to securely fasten, properly equip ...... 1,000 1,500 (f) Main rod bearings: (1) excessive bore ...... 1,000 1,500 (2) excessive lost motion ...... 1,000 1,500 (g) Side rod bearings, excessive bore ...... 1,000 1,500 230.97 Crank pins:

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Willful Section Violation violation

(a) General provisions ...... 1,000 2,000 (b) Maintenance: Failure to maintain in safe, suitable condition ...... 1,000 2,000 230.98 Driving, trailing, engine truck axles: (a) Condemning defects ...... 1,000 2,000 (b) Journal diameter: Failure to stamp on end of axle ...... 750 1,000 230.99 Tender truck axle: Insufficient diameter ...... 1,000 2,000 230.100 Defects in tender truck axles and journals: (a) Tender truck axle condemning defects ...... 1,000 2,000 (b) Tender truck journal condemning defects ...... 1,000 2,000 230.101 Steam locomotive driving journal boxes: (a) Driving journal boxes: Failure to properly maintain ...... 1,000 2,000 (b) Broken bearings: Failure to renew ...... 1,000 2,000 (c) Loose bearings: Failure to repair or renew ...... 1,000 2,000 230.102 Tender plain bearing journal boxes: Failure to repair ...... 1,000 1,500 230.103 Tender roller bearing journal boxes: Failure to properly maintain ...... 1,000 1,500 230.104 Driving box shoes and wedges: Failure to properly maintain ...... 1,000 1,500 230.105 Lateral motion: (a) Condemning limits: Total lateral motion in excess of ...... 1,000 1,500 (b) Limits exceeded, failure to demonstrate conditions require additional lateral motion ...... 1,000 1,500 (c) Interferes with other parts of steam locomotive ...... 1,000 1,500 230.106 Steam locomotive frame: (a) Failure to properly inspect and/or maintain ...... 1,000 2,000 (b) Broken frames, not properly patched or secured ...... 2,500 5,000 230.107 Tender frame and body: (a) Failure to properly maintain ...... 1,000 1,500 (b) Height difference between tender deck and steam locomotive cab floor or deck excessive ...... 1,000 1,500 (c) Gangway minimum width excessive ...... 1,000 1,500 (d) Tender frame condemning defects ...... 1,500 3,000 230.108 Steam locomotive leading and trailing trucks: (a) Failure to properly maintain ...... 1,000 1,500 (b) Safety chain, suitable safety chain not provided ...... 1,000 1,500 (c) Insufficient truck clearance ...... 1,000 2,000 230.109 Tender trucks: (a): (1) Tender truck frames ...... 1,000 2,000 (2) Tender truck center plate ...... 1,000 2,000 (b) Tender truck bolsters: Failure to properly maintain ...... 1,500 3,000 (c) Condemning defects, springs and/or spring rigging ...... 1,000 2,000 (d) Truck securing arrangement: Not properly maintained ...... 1,000 1,500 (e) Side bearings, truck centering devices ...... 1,000 2,000 (f) Friction side bearings: Run in contact ...... 1,000 2,000 (g): (1) Side bearings, failure to equip rear trucks with ...... 1,000 2,000 (2) Insufficient clearance of ...... 1,000 2,000 230.110 Pilots: (a) General provisions ...... 1,000 1,500 (b) Clearance, insufficient or excessive ...... 1,000 1,500 230.111 Spring rigging: (a) Arrangement of springs and equalizers ...... 1,000 2,000 (b) Spring or spring rigging condemning defects ...... 1,000 2,000 230.112 Wheels and tires: (a) Improperly Mounted, excess variance in axle diameter ...... 1,500 3,000 (b) Out of gage ...... 1,000 2,000 (c) Flange distance variance, excessive ...... 1,000 2,000 (d) Tire thickness, insufficient ...... 1,000 2,000 (e) Tire width, insufficient ...... 1,000 2,000 230.113 Wheels and tire defects: (1) Failure to repair ...... 1,000 2,000 (2) Welding on, except as otherwise provided for ...... 1,500 3,000 (a) Cracks or breaks in ...... 1,000 2,000 (b) Flat spots ...... 1,000 2,000 (c) Chipped flange ...... 1,000 2,000 (d) Broken rim ...... 1,000 2,000 (e) Shelled-out spots ...... 1,000 2,000 (f) Seams ...... 1,000 2,000 (g) Worn flanges, excessive wear ...... 1,000 2,000 (h) Worn treads, excessive wear ...... 1,000 2,000 (i) Flange height, insufficient or excessive ...... 1,000 2,000 (j) Rim thickness, insufficient ...... 1,000 2,000 (k) Wheel diameter, excessive variance ...... 1,000 2,000 230.114 Wheel centers: (a) Filling blocks and shims ...... 1,000 2,000 (b) Wheel center condemning limits, failure to repair ...... 1,000 2,000

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Willful Section Violation violation

(c) Wheel center repairs ...... 1,000 2,000 (d) Counterbalance maintenance ...... 1,000 2,000 230.115 Feed water tanks: (a) General provisions ...... 1,000 2,000 (b) Inspection frequency, failure to inspect as required ...... 1,000 1,500 (c) Top of tender: Improperly maintained and/or equipped ...... 1,000 1,500 230.116 Oil tanks: (1) Failure to properly maintain ...... 2,500 5,000 (2) Failure to equip with complying safety cut-off device ...... 5,000 7,500 1 Failure to observe any condition for movement set forth in § 230.12 will deprive the railroad of the benefit of the movement-for-repair provision and make the railroad and any responsible individuals liable for penalty under the particular regulatory section(s) concerning the substantive de- fect(s) present on the locomotive at the time of movement. Failure to comply with § 230.12 will result in the lapse of any affected waiver.

Issued in Washington, D.C. on September 30, 1999. Jolene M. Molitoris, Administrator. [FR Doc. 99–28610 Filed 11–16–99; 8:45 am] BILLING CODE 4610±06±P

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