Federal Railroad Administration, DOT Pt. 232

2 Willful viola- FRA safety appliance defect code section Violation tion

231.31 Drawbars, standard height ...... 2,500 5,000 1 A penalty may be assessed against an individual only for a willful violation. The Administrator reserves the right to assess a penalty of up to $100,000 for any violation where circumstances warrant. See 49 CFR part 209, appendix A. 2 This schedule uses section numbers from FRA’s Safety Appliance Defect Code, a restatement of the CFR text in a reorga- nized format. For convenience, and as an exception to FRA’s general policy, penalty citations will cite the defect code rather than the CFR. FRA reserves the right, should litigation become necessary, to substitute in its complaint the CFR and/or statutory citation in place of the defect code section cited in the penalty demand letter.

[53 FR 52933, Dec. 29, 1988, as amended at 63 FR 11623, Mar. 10, 1998; 66 FR 4193, Jan. 17, 2001; 73 FR 79703, Dec. 30, 2008]

PART 232— SYSTEM SAFETY Subpart D—Periodic Maintenance and STANDARDS FOR FREIGHT AND Testing Requirements OTHER NON-PASSENGER 232.301 Scope. AND EQUIPMENT; END-OF- 232.303 General requirements. DEVICES 232.305 Single tests. 232.307 Modification of the single car air Subpart A—General brake test procedures. 232.309 Equipment and devices used to per- Sec. form single car air brake tests. 232.1 Scope. 232.3 Applicability. Subpart E—End-of-Train Devices 232.5 Definitions. 232.7 Waivers. 232.401 Scope. 232.9 Responsibility for compliance. 232.403 Design standards for one-way end-of- 232.11 Penalties. train devices. 232.13 Preemptive effect. 232.405 Design and performance standards 232.15 Movement of defective equipment. for two-way end-of-train devices. 232.17 Special approval procedure. 232.407 Operations requiring use of two-way 232.19 Availability of records. end-of-train devices; prohibition on pur- 232.21 Information collection. chase of nonconforming devices. 232.409 Inspection and testing of end-of- Subpart B—General Requirements train devices. 232.101 Scope. Subpart F—Introduction of New Brake 232.103 General requirements for all train System Technology brake systems. 232.105 General requirements for loco- 232.501 Scope. motives. 232.503 Process to introduce new brake sys- 232.107 Air source requirements and cold tem technology. weather operations. 232.505 Pre-revenue service acceptance test- 232.109 Dynamic brake requirements. ing plan. 232.111 Train handling information. Subpart G—Electronically Controlled Subpart C—Inspection and Testing Pneumatic (ECP) Braking Systems Requirements 232.601 Scope. 232.201 Scope. 232.602 Applicability. 232.203 Training requirements. 232.603 Design, interoperability, and con- 232.205 Class I brake tests—initial terminal figuration management requirements. inspection. 232.605 Training requirements. 232.207 Class IA brake tests—1,000-mile in- 232.607 Inspection and testing requirements. spection. 232.209 Class II brake tests—intermediate 232.609 Handling of defective equipment inspection. with ECP brake systems. 232.211 Class III brake tests—trainline con- 232.611 Periodic maintenance. tinuity inspection. 232.613 End-of-train devices. 232.213 Extended haul trains. APPENDIX A TO PART 232—SCHEDULE OF CIVIL 232.215 Transfer train brake tests. PENALTIES 232.217 Train brake tests conducted using APPENDIX B TO PART 232—PART 232 PRIOR TO yard air. MAY 31, 2001 AS CLARIFIED EFFECTIVE 232.219 Double heading and helper service. APRIL 10, 2002

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AUTHORITY: 49 U.S.C. 20102–20103, 20107, suant to the requirements contained in 20133, 20141, 20301–20303, 20306, 21301–21302, this part or the requirements con- 21304; 28 U.S.C. 2461, note; and 49 CFR 1.49. tained in part 238 of this chapter or SOURCE: 66 FR 4193, Jan. 17, 2001, unless they elect to comply earlier than oth- otherwise noted. erwise required with the requirements contained in this part or the require- Subpart A—General ments contained in part 238 of this chapter. § 232.1 Scope. [66 FR 4193, Jan. 17, 2001, as amended at 66 (a) This part prescribes Federal safe- FR 9906, Feb. 12, 2001] ty standards for freight and other non- passenger train brake systems and § 232.3 Applicability. equipment. Subpart E of this part pre- (a) Except as provided in paragraphs scribes Federal safety standards not (b) and (c) of this section, this part ap- only for freight and other non-pas- plies to all railroads that operate senger train brake systems and equip- freight or other non-passenger train ment, but also for passenger train service on standard gage which is brake systems. This part does not re- part of the general railroad system of strict a railroad from adopting or en- transportation. This includes the oper- forcing additional or more stringent re- ation of circus trains and private quirements not inconsistent with this when hauled on such railroads. part. (b) Except as otherwise specifically (b) Subpart E of this part, ‘‘End-of- provided in this paragraph or in this Train Devices,’’ applies to all trains op- part, railroads to which this part ap- erating on track which is part of the plies shall comply with all the require- general railroad system of transpor- ments contained in subparts A through tation unless specifically excepted in C and subpart F of this part beginning that subpart. on April 1, 2004. Sections 232.1 through (c) Except as provided in § 232.1(d) and 232.13 and 232.17 through 232.21 of this paragraph (b) of this section, this part part will become applicable to all rail- does not apply to: roads to which this part applies begin- (1) A railroad that operates only on ning on May 31, 2001. Subpart D of this track inside an installation that is not part will become applicable to all rail- part of the general railroad system of roads to which this part applies begin- transportation. ning on August 1, 2001. Subpart E of (2) Intercity or commuter passenger this part will become applicable to all train operations on standard gage trains operating on track which is part track which is part of the general rail- of the general railroad system of trans- road system of transportation; portation beginning on May 31, 2001. (3) Commuter or other short-haul rail (c) A railroad may request earlier ap- passenger train operations in a metro- plication of the requirements con- politan or suburban area (as described tained in subparts A through C and by 49 U.S.C. 20102(1)), including public subpart F of this part upon written no- authorities operating passenger train tification to FRA’s Associate Adminis- service; trator for Safety. Such a request shall (4) operations in an indicate the railroad’s readiness and urban area that are not connected with ability to comply with all of the re- the general railroad system of trans- quirements contained in those sub- portation; parts. (5) Tourist, scenic, historic, or excur- (d) Except for operations identified in sion operations, whether on or off the § 232.3(c)(1), (c)(4), and (c)(6) through general railroad system; (c)(8), all railroads which are part of (6) Freight and other non-passenger the general railroad system of trans- trains of four- coal cars; portation shall operate pursuant to the (7) Freight and other non-passenger requirements contained in this part 232 trains of eight-wheel standard logging as it existed on May 31, 2001 and in- cars if the height of each car from the cluded as appendix B to this part until top of the rail to the center of the cou- they are either required to operate pur- pling is not more than 25 inches; or

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(8) A used in hauling a ible in daylight and darkness from the train referred to in paragraph (c)(7) of engineer’s normal operating position. this subsection when the locomotive The indicator face displays: and cars of the train are used only to (1) Markings from 10 cubic feet per transport logs. minute (CFM) to 80 CFM, in incre- (d) The provisions formerly contained ments of 10 CFM or less; and in Interstate Commerce Commission (2) Numerals indicating 20, 40, 60, and Order 13528, of May 30, 1945, as amend- 80 CFM for continuous monitoring of ed, now revoked, are codified in this air flow. paragraph. This part is not applicable Bind means restrict the intended to the following equipment: movement of one or more brake system (1) Scale test weight cars. components by reduced clearance, by (2) Locomotive cranes, steam shovels, obstruction, or by increased . pile drivers, and machines of similar Brake, dynamic means a train braking construction, and maintenance ma- system whereby the kinetic energy of a chines built prior to September 21, 1945. moving train is used to generate elec- (3) Export, industrial, and other cars tric current at the locomotive traction not owned by a railroad which are not motors, which is then dissipated to be used in service, except for move- through resistor grids or into the cat- ment as shipments on their own enary or third rail system. to given destinations. Such cars shall Brake, effective means a brake that is be properly identified by a card at- capable of producing its nominally de- tached to each side of the car, signed signed retarding force on the train. A by the shipper, stating that such move- car’s air brake is not considered effec- ment is being made under the author- tive if it is not capable of producing its ity of this paragraph. nominally designed retarding force or (4) Industrial and other than rail- if its travel exceeds: road-owned cars which are not to be (1) 101⁄2 inches for cars equipped with used in service except for movement nominal 12-inch stroke brake cylinders; within the limits of a single switching or district (i.e., within the limits of an in- (2) The piston travel limit indicated dustrial facility). on the stencil, sticker, or badge plate (5) Narrow-gage cars. for that brake cylinder. (6) Cars used exclusively in switching Brake, hand means a brake that can operations and not used in train move- be applied and released by hand to pre- ments within the meaning of the Fed- vent or retard the movement of a loco- eral safety appliance laws (49 U.S.C. motive. 20301–20306). Brake indicator means a device which indicates the brake application range § 232.5 Definitions. and indicates whether are ap- The definitions in this section are in- plied and released. tended to clarify the meaning of terms Brake, inoperative means a primary used in this part as it becomes applica- brake that, for any reason, no longer ble pursuant to § 232.1(b) and (c). applies or releases as intended. AAR means the Association of Amer- Brake, inoperative dynamic means a ican Railroads. dynamic brake that, for any reason, no Air brake means a combination of de- longer provides its designed retarding vices operated by , ar- force on the train. ranged in a system, and controlled Brake, parking means a brake that manually, electrically, electronically, can be applied by means other than by or pneumatically, by means of which hand, such as spring, hydraulic, or air the motion of a or loco- pressure when the brake pipe air is de- motive is retarded or arrested. pleted, or by an electrical motor. Air Flow Indicator, AFM means a spe- Brake pipe means the system of pip- cific air flow indicator required by the ing (including branch pipes, angle air flow method of qualifying train air cocks, cutout cocks, dirt collectors, brakes (AFM). The AFM Air Flow Indi- , and couplings) used for con- cator is a calibrated air flow measuring necting and all railroad device which is clearly visible and leg- cars for the passage of compressed air.

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Brake, primary means those compo- valve while in a conventionally braked nents of the train brake system nec- train. essary to stop the train within the sig- End-of-train device, one-way means nal spacing distance without thermal two pieces of equipment linked by damage to friction braking surfaces. radio that meet the requirements of Brake, secondary means those compo- § 232.403. nents of the train brake system which End-of-train device, two-way means develop supplemental brake retarding two pieces of equipment linked by force that is not needed to stop the radio that meet the requirements of train within signal spacing distances or §§ 232.403 and 232.405. to prevent thermal damage to wheels. Foul means any condition which re- Car control device (CCD) means an stricts the intended movement of one electronic control device that replaces or more brake system components be- the function of the conventional pneu- cause the component is snagged, entan- matic service and emergency portions gled, or twisted. of a car’s air brake control valve dur- Freight car means a designed ing electronic braking and provides for to carry freight, or railroad personnel, electronically controlled service and by rail and a vehicle designed for use in applications. a work or wreck train or other non- passenger train. Dual mode ECP brake system means an Initial terminal means the location ECP brake system that is equipped where a train is originally assembled. with either an emulator CCD or an Locomotive means a piece of railroad overlay ECP brake system on each car on-track equipment, other than hi-rail, which can be operated in either ECP specialized maintenance, or other simi- brake mode or conventional pneumatic lar equipment, which may consist of brake mode. one or more units operated from a sin- means ‘‘electronically con- ECP gle control stand— trolled pneumatic’’ when applied to a (1) With one or more propelling mo- brake or brakes. tors designed for moving other railroad ECP brake mode means operating a equipment; car or an entire train using an ECP (2) With one or more propelling mo- brake system. tors designed to transport freight or ECP brake system means a train power passenger traffic or both; or braking system actuated by com- (3) Without propelling motors but pressed air and controlled by electronic with one or more control stands. signals from the locomotive or an ECP– Locomotive means that portion of EOT to the cars in the consist for serv- the superstructure designed to be occu- ice and emergency applications in pied by the crew operating the loco- which the brake pipe is used to provide motive. a constant supply of compressed air to Locomotive, controlling means the lo- the reservoirs on each car but does not comotive from which the engineer ex- convey braking signals to the car. ECP ercises control over the train. brake systems include dual mode and Off air means not connected to a con- stand-alone ECP brake systems. tinuous source of compressed air of at ECP–EOT device means an end-of- least 60 pounds per square inch (psi). train device for an ECP brake system Ordered date or date ordered means the that is physically the last network date on which notice to proceed is node in the train, pneumatically and given by a procuring railroad to a con- electrically connected at the end of the tractor or supplier for new equipment. train to the train line cable operating Overlay ECP brake system means a with an ECP brake system. brake system that has both conven- Emergency application means an irre- tional pneumatic brake valves and ECP trievable brake application resulting in brake components, making it capable the maximum retarding force available of operating as either a conventional from the train brake system. pneumatic brake system or an ECP Emulator CCD means a CCD that is brake system. This brake system can capable of optionally emulating the operate in either a conventionally function of the pneumatic control braked train using the conventional

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pneumatic control valve or in an ECP training necessary to perform one or braked train using the ECP brake sys- more functions required under this tem’s CCD. part. The railroad is responsible for de- Piston travel means the amount of lin- termining that the person has the ear movement of the air brake hollow knowledge and skills necessary to per- rod (or equivalent) or when form the required function for which forced outward by movement of the the person is assigned responsibility. piston in the brake cylinder or actu- The railroad determines the qualifica- ator and limited by the brake shoes tions and competencies for employees being forced against the wheel or disc. designated to perform various func- Pre-revenue service acceptance testing tions in the manner set forth in this plan means a document, as further part. Although the rule uses the term specified in § 232.505, prepared by a rail- ‘‘qualified person’’ to describe a person road that explains in detail how pre- responsible for performing various revenue service tests of certain equip- functions required under this part, a ment demonstrate that the equipment person may be deemed qualified to per- meets Federal safety standards and the form some functions but not qualified railroad’s own safety design require- to perform other functions. For exam- ments. ple, although a person may be deemed Previously tested equipment means qualified to perform the Class II/inter- equipment that has received a Class I mediate brake test required by this brake test pursuant to § 232.205 and has part, that same person may or may not not been off air for more than four be deemed qualified to perform the hours. Class I/initial Terminal brake test or Primary responsibility means the task authorize the movement of defective that a person performs at least 50 per- equipment under this part. The rail- cent of the time. The totality of the road will determine the required func- circumstances will be considered on a tions for which an individual will be case-by-case basis in circumstances deemed a ‘‘qualified person’’ based where an individual does not spend 50 upon the instruction and training the percent of the day engaged in any one individual has received pursuant to readily identifiable type of activity. § 232.203 concerning a particular func- Qualified mechanical inspector means a tion. qualified person who has received, as a Railroad means any form of non-high- part of the training, qualification, and way ground transportation that runs designation program required under on rails or electromagnetic guideways, § 232.203, instruction and training that including: includes ‘‘hands-on’’ experience (under (1) Commuter or short-haul railroad appropriate supervision or apprentice- passenger service in a metropolitan or ship) in one or more of the following suburban area and commuter railroad functions: troubleshooting, inspection, service that was operated by the Con- testing, maintenance or repair of the solidated Rail Corporation on January specific train brake components and 1, 1979; and systems for which the person is as- (2) High speed ground transportation signed responsibility. This person shall systems that connect metropolitan also possess a current understanding of areas, without regard to whether those what is required to properly repair and systems use new technologies not asso- maintain the safety-critical brake ciated with traditional railroads. The components for which the person is as- term ‘‘railroad’’ is also intended to signed responsibility. Further, the mean a person that provides transpor- qualified mechanical inspector shall be tation by railroad, whether directly or a person whose primary responsibility by contracting out operation of the includes work generally consistent railroad to another person. The term with the functions listed in this defini- does not include rapid transit oper- tion. ations in an urban area that are not Qualified person means a person who connected to the general railroad sys- has received, as a part of the training, tem of transportation. qualification, and designation program Rebuilt equipment means equipment required under § 232.203, instruction and that has undergone overhaul identified

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by the railroad as a capital expense unloading, or weighing; placing of loco- under the Surface Transportation motives and cars for repair or storage; Board’s accounting standards. or moving of rail equipment in connec- Refresher training means periodic re- tion with work service that does not training required for employees or con- constitute a train movement. tractors to remain qualified to perform Tourist, scenic, historic, or excursion specific equipment troubleshooting, in- operations are railroad operations that spection, testing, maintenance, or re- carry passengers, often using anti- pair functions. quated equipment, with the convey- Respond as intended means to produce ance of the passengers to a particular the result that a device or system is destination not being the principal pur- designed to produce. pose. ‘‘Roll-by’’ inspection means an inspec- Train means one or more locomotives tion performed while equipment is coupled with one or more freight cars, moving. except during switching service. Service application means a brake ap- Train line means the brake pipe or plication that results from one or more any non-pneumatic system used to service reductions or the equivalent. transmit the signal that controls the Service reduction means a decrease in locomotive and freight car brakes. brake pipe pressure, usually from 5 to Train line cable is a two-conductor 25 psi at a rate sufficiently rapid to electric wire spanning the train and move the operating valve to service po- carrying both electrical power to oper- sition, but at a rate not rapid enough ate all CCDs and ECP–EOT devices and to move the operating valve to emer- communications network signals. gency position. Train, unit or train, cycle means a Solid block of cars means two or more train that, except for the changing of freight cars coupled together and added locomotive power or for the removal or to or removed from a train as a single replacement of defective equipment, unit. remains coupled as a consist and oper- Stand-alone CCD means a CCD that ates in a continuous loop or continuous can operate properly only in a train op- loops without destination. erating in ECP brake mode and cannot Transfer train means a train that operate in a conventional pneumati- travels between a point of origin and a cally braked train. point of final destination not exceeding Stand-alone ECP brake system means a 20 miles. Such trains may pick up or brake system equipped with a CCD that deliver freight equipment while en can only operate the brakes on the car route to destination. in ECP brake mode. Yard air means a source of com- means an inspector of State inspector pressed air other than from a loco- a participating State rail safety pro- motive. gram under part 212 of this chapter. Yard limits means a system of tracks, Switch Mode means a mode of oper- not including main tracks and sidings, ation of the ECP brake system that al- used for classifying cars, making-up lows operation of that train at 20 miles and inspecting trains, or storing cars per hour or less when the train’s ECP– and equipment. EOT device is not communicating with the lead locomotive’s HEU, the train is [66 FR 4193, Jan. 17, 2001, as amended at 67 separated during road switching oper- FR 17580, Apr. 10, 2002; 73 FR 61552, Oct. 16, ations, or the ECP brake system has 2008] stopped the train because the percent- age of operative brakes fell below 85%. § 232.7 Waivers. Many of the ECP brake system’s fault (a) Any person subject to a require- detection/response procedures are sus- ment of this part may petition the Ad- pended during Switch Mode. ministrator for a waiver of compliance Switching service means the classifica- with such requirement. The filing of tion of freight cars according to com- such a petition does not affect that modity or destination; assembling of person’s responsibility for compliance cars for train movements; changing the with that requirement while the peti- position of cars for purposes of loading, tion is being considered.

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(b) Each petition for waiver must be of this part or causes the violation of filed in the manner and contain the in- any such requirement is subject to a formation required by part 211 of this civil penalty of at least $650, but not chapter. more than $25,000 per violation, except (c) If the Administrator finds that a that: Penalties may be assessed against waiver of compliance is in the public individuals only for willful violations, interest and is consistent with railroad and, where a grossly negligent viola- safety, the Administrator may grant tion or a pattern of repeated violations the waiver subject to any conditions has created an imminent hazard of the Administrator deems necessary. If death or injury to persons, or has a waiver is granted, the Administrator caused death or injury, a penalty not publishes a notice in the FEDERAL REG- to exceed $100,000 per violation may be ISTER containing the reasons for grant- assessed. Each day a violation con- ing the waiver. tinues shall constitute a separate of- § 232.9 Responsibility for compliance. fense. Appendix A to this part contains a schedule of civil penalty amounts (a) A railroad subject to this part used in connection with this rule. shall not use, haul, permit to be used or hauled on its line, offer in inter- (b) Any person who knowingly and change, or accept in interchange any willfully falsifies a record or report re- train, railroad car, or locomotive with quired by this part is subject to crimi- one or more conditions not in compli- nal penalties under 49 U.S.C. 21311. ance with this part; however, a railroad [66 FR 4193, Jan. 17, 2001, as amended at 69 shall not be liable for a civil penalty FR 30594, May 28, 2004; 72 FR 51197, Sept. 6, for such action if such action is in ac- 2007; 73 FR 79703, Dec. 30, 2008] cordance with § 232.15. For purposes of this part, a train, railroad car, or loco- § 232.13 Preemptive effect. motive will be considered in use prior (a) Under 49 U.S.C. 20106, issuance of to departure but after it has received, the regulations in this part preempts or should have received, the inspection any State law, rule, regulation, order required for movement and is deemed or standard covering the same subject ready for service. matter, except for a provision nec- (b) Although many of the require- essary to eliminate or reduce a local ments of this part are stated in terms safety hazard if that provision is not of the duties of a railroad, when any incompatible with this part and does person performs any function required not impose an undue burden on inter- by this part, that person (whether or state commerce. Nothing in this para- not a railroad) is required to perform graph shall be construed to preempt an that function in accordance with this action under State law seeking dam- part. (c) Any person performing any func- ages for personal injury, death, or tion or task required by this part shall property damage alleging that a party be deemed to have consented to FRA has failed to comply with the Federal inspection of the person’s operation to standard of care established by this the extent necessary to determine part, has failed to comply with its own whether the function or task is being plan, rule, or standard that it created performed in accordance with the re- pursuant to this part, or has failed to quirements of this part. comply with a State law, regulation, or order that is not incompatible with the § 232.11 Penalties. first sentence of this paragraph. (a) Any person (including but not (b) Preemption should also be consid- limited to a railroad; any manager, su- ered pursuant to the Locomotive Boiler pervisor, official, or other employee or Inspection Act (now codified at 49 agent of a railroad; any owner, manu- U.S.C. 20701–20703), the Safety Appli- facturer, lessor, or lessee of railroad ance Acts (now codified at 49 U.S.C. equipment, track, or facilities; any em- 20301–20304), and the Commerce Clause ployee of such owner, manufacturer, based on the relevant case law per- lessor, lessee, or independent con- taining to preemption under those pro- tractor) who violates any requirement visions.

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(c) FRA does not intend by issuance (i) The connecting railroad elects to of the regulations in this part to pre- accept the defective car or locomotive empt provisions of State criminal law for such repair; and that impose sanctions for reckless con- (ii) The nearest available location duct that leads to actual loss of life, in- where necessary repairs can be per- jury, or damage to property, whether formed on the line of the connecting such provisions apply specifically to railroad is no farther than the nearest railroad employees or generally to the available location where necessary re- public at large. pairs can be performed on the line of [66 FR 4193, Jan. 17, 2001, as amended at 73 the railroad where the car or loco- FR 61552, Oct. 16, 2008] motive was found defective. (8) The movement of the defective § 232.15 Movement of defective equip- car or locomotive for repairs is not by ment. a train required to receive a Class I (a) General provision. Except as pro- brake test at that location pursuant to vided in paragraph (c) of this section, a § 232.205. railroad car or locomotive with one or (9) The movement of the defective more conditions not in compliance car or locomotive for repairs is not in with this part may be used or hauled a train in which less than 85 percent of without civil penalty liability under the cars have operative and effective this part only if all of the following brakes. conditions are met: (1) The defective car or locomotive is (10) The defective car or locomotive properly equipped in accordance with is tagged, or information is recorded, the applicable provisions of 49 U.S.C. as prescribed in paragraph (b) of this chapter 203 and the requirements of section. this part. (11) Except for cars or locomotives (2) The car or locomotive becomes de- with brakes cut out en route, the fol- fective while it is being used by the lowing additional requirements are railroad on its line or becomes defec- met: tive on the line of a connecting rail- (i) A qualified person shall deter- road and is properly accepted in inter- mine— change for repairs in accordance with (A) That it is safe to move the car or paragraph (a)(7) of this section. locomotive; and (3) The railroad first discovers the de- (B) The maximum safe speed and fective condition of the car or loco- other restrictions necessary for safely motive prior to moving it for repairs. conducting the movement. (4) The movement of the defective (ii) The person in charge of the train car or locomotive for repairs is from in which the car or locomotive is to be the location where the car or loco- moved shall be notified in writing and motive is first discovered defective by inform all other crew members of the the railroad. presence of the defective car or loco- (5) The defective car or locomotive motive and the maximum speed and cannot be repaired at the location other restrictions determined under where the railroad first discovers it to paragraph (a)(11)(i)(B) of this section. be defective. (6) The movement of the car or loco- A copy of the tag or card described in motive is necessary to make repairs to paragraph (b) of this section may be the defective condition. used to provide the notification re- (7) The location to which the car or quired by this paragraph. locomotive is being taken for repair is (iii) The defective car or locomotive the nearest available location where is moved in compliance with the max- necessary repairs can be performed on imum speed and other restrictions de- the line of the railroad where the car termined under paragraph (a)(11)(i)(B) or locomotive was first found to be de- of this section. fective or is the nearest available loca- (12) The defective car or locomotive tion where necessary repairs can be is not subject to a Special Notice for performed on the line of a connecting Repair under part 216 of this chapter, railroad if: unless the movement of the defective

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car is made in accordance with the re- the automated tracking system is not strictions contained in the Special No- properly secure, is inaccessible to FRA tice. or a railroad’s employees, or fails to (b) Tagging of defective equipment. (1) adequately track and monitor the At the place where the railroad first movement of defective equipment. discovers the defect, a tag or card shall FRA will record such a determination be placed on both sides of the defective in writing, include a statement of the equipment, except that defective loco- basis for such action, and provide a motives may have the tag or card copy of the document to the railroad. placed in the cab of the locomotive. In (c) Movement for unloading or purging lieu of a tag or card, an automated of defective cars. If a defective car is tracking system approved for use by loaded with a hazardous material or FRA shall be provided. The tag, card, contains residue of a hazardous mate- or automated tracking system shall rial, the car may not be placed for un- contain the following information loading or purging unless unloading or about the defective equipment: purging is consistent with determina- (i) The reporting mark and car or lo- tions made and restrictions imposed comotive number; under paragraph (a)(11)(i) of this sec- (ii) The name of the inspecting rail- tion and the unloading or purging is road; necessary for the safe repair of the car. (iii) The name and job title of the in- (d) Computation of percent operative spector; power brakes. (1) The percentage of op- (iv) The inspection location and date; erative power brakes in a train shall be (v) The nature of each defect; based on the number of control valves (vi) A description of any movement in the train. The percentage shall be restrictions; determined by dividing the number of (vii) The destination where the equip- control valves that are cut-in by the ment will be repaired; and total number of control valves in the (viii) The signature, or electronic train. A control valve shall not be con- identification, of the person reporting sidered cut-in if the brakes controlled the defective condition. by that valve are inoperative. Both (2) The tag or card required by para- cars and locomotives shall be consid- graph (b)(1) of this section shall remain ered when making this calculation. affixed to the defective equipment (2) The following brake conditions until the necessary repairs have been not in compliance with this part are performed. not considered inoperative power (3) An electronic or written record or brakes for purposes of this section: a copy of each tag or card attached to or removed from a car or locomotive (i) Failure or cutting out of sec- shall be retained for 90 days and, upon ondary brake systems; request, shall be made available within (ii) Inoperative or otherwise defec- 15 calendar days for inspection by FRA tive handbrakes or parking brakes; or State inspectors. (iii) Piston travel that is in excess of (4) Each tag or card removed from a the Class I brake test limits required in car or locomotive shall contain the § 232.205 but that does not exceed the date, location, reason for its removal, outside limits contained on the stencil, and the signature of the person who re- sticker, or badge plate required by moved it from the piece of equipment. § 232.103(g) for considering the power (5) Any automated tracking system brakes to be effective; and approved by FRA to meet the tagging (iv) Power brakes overdue for inspec- requirements contained in paragraph tion, testing, maintenance, or sten- (b)(1) of this section shall be capable of ciling under this part. being reviewed and monitored by FRA (e) Placement of equipment with inoper- at any time to ensure the integrity of ative brakes. (1) A freight car or loco- the system. FRA’s Associate Adminis- motive with inoperative brakes shall trator for Safety may prohibit or re- not be placed as the rear car of the voke a railroad’s authority to utilize train. an approved automated tracking sys- (2) No more than two freight cars tem in lieu of tagging if FRA finds that with either inoperative brakes or not

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equipped with power brakes shall be (ii) A location where a mobile repair consecutively placed in the same train. originates or is permanently sta- (3) Multi-unit articulated equipment tioned; shall not be placed in a train if the (iii) A location at which a railroad equipment has more than two consecu- performs mechanical repairs other tive individual control valves cut-out than brake system repairs; and or if the brakes controlled by the (iv) A location that has an operative valves are inoperative. repair track or repair shop; (f) Guidelines for determining locations (3) In determining whether a location where necessary repairs can be performed. is the nearest location where the nec- The following guidelines will be consid- essary brake repairs can be made, the ered by FRA when determining wheth- distance to the location is a key factor er a location is a location where re- but should not be considered the deter- pairs to a car’s brake system or compo- mining factor. The distance to a loca- nents can be performed and whether a tion must be considered in conjunction location is the nearest location where with the factors and guidance outlined the needed repairs can be effectuated. in paragraphs (f)(1) and (f)(2) of this (1) The following general factors and section. In addition, the following safe- guidelines will be considered when ty factors must be considered in order making determinations as to whether a to optimize safety: location is a location where brake re- (i) The safety of the employees re- pairs can be performed: sponsible for getting the equipment to (i) The accessibility of the location or from a particular location; and to persons responsible for making re- (ii) The potential safety hazards in- pairs; volved with moving the equipment in (ii) The presence of hazardous condi- the direction of travel necessary to get tions that affect the ability to safely the equipment to a particular location. make repairs of the type needed at the (g) Designation of repair locations. location; Based on the guidance detailed in para- (iii) The nature of the repair nec- graph (f) of this section and consistent essary to bring the car into compli- with other requirements contained in ance; this part, a railroad may submit a de- (iv) The need for railroads to have in tailed petition, pursuant to the special place an effective means to ensure the approval procedures contained in safe and timely repair of equipment; § 232.17, containing a plan designating (v) The relevant weather conditions locations where brake system repairs at the location that affect accessibility will be performed. Approval of such or create hazardous conditions; plans shall be made accordance with (vi) A location need not have the the procedures contained in § 232.17, ability to effectuate every type of and shall be subject to any modifica- brake system repair in order to be con- tions determined by FRA to be nec- sidered a location where some brake re- essary to ensure consistency with the pairs can be performed; requirements and guidance contained (vii) A location need not be staffed in this part. continuously in order to be considered [66 FR 4193, Jan. 17, 2001, as amended at 67 a location where brake repairs can be FR 17580, Apr. 10, 2002] performed; (viii) The ability of a railroad to per- § 232.17 Special approval procedure. form repair tests or single (a) General. The following procedures car tests at a location shall not be con- govern consideration and action upon sidered; and requests for special approval of a plan (ix) The congestion of work at a loca- under § 232.15(g); an alternative stand- tion shall not be considered ard under § 232.305, § 232.603, or a single (2) The general factors and guidelines car test procedure under § 232.611; and outlined in paragraph (f)(1) of this sec- pre-revenue service acceptance testing tion should be applied to the following plans under subpart F of this part. locations: (b) Petitions for special approval of an (i) A location where a mobile repair alternative standard or test procedure. truck is used on a regular basis; Each petition for special approval of a

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plan under § 232.15(g); an alternative in the section(s) of the rule to which standard under § 232.305 or § 232.603; or a the special approval pertains or issued single car test procedure under § 232.611 the alternative standard that is pro- shall contain: posed in the petition; and (1) The name, title, address, and tele- (iii) Any other person who has filed phone number of the primary person to with FRA a current statement of inter- be contacted with regard to review of est in reviewing special approvals the petition; under the particular requirement of (2) The plan, alternative standard, or this part at least 30 days but not more test procedure proposed, in detail, to be than 5 years prior to the filing of the submitted for or to meet the particular petition. If filed, a statement of inter- requirement of this part; est shall be filed with FRA’s Associate (3) Appropriate data or analysis, or Administrator for Safety and shall ref- both, for FRA to consider in deter- erence the specific section(s) of this mining whether the plan, alternative part in which the person has an inter- standard, or test procedure, will be est. consistent with the guidance under (e) Federal Register notice. FRA will § 232.15(f), if applicable, and will provide publish a notice in the FEDERAL REG- at least an equivalent level of safety or ISTER concerning each petition under otherwise meet the requirements con- paragraph (b) of this section. tained in this part; and (f) Comment. Not later than 30 days (4) A statement affirming that the from the date of publication of the no- railroad has served a copy of the peti- tice in the FEDERAL REGISTER con- tion on designated representatives of cerning a petition under paragraph (b) its employees, together with a list of of this section, any person may com- the names and addresses of the persons ment on the petition. served. (1) A comment shall set forth specifi- (c) Petitions for special approval of pre- cally the basis upon which it is made, revenue service acceptance testing plan. and contain a concise statement of the Each petition for special approval of a interest of the commenter in the pro- pre-revenue service acceptance testing ceeding. plan shall contain: (2) The comment shall be submitted (1) The name, title, address, and tele- to the Associate Administrator for phone number of the primary person to Safety, Federal Railroad Administra- be contacted with regard to review of tion, 1200 New Jersey Avenue, SE., the petition; and Washington, DC 20590. (2) The elements prescribed in (3) The commenter shall certify that § 232.505. a copy of the comment was served on (d) Service. (1) Each petition for spe- each petitioner. cial approval under paragraph (b) or (c) (g) Disposition of petitions. (1) If FRA of this section shall be submitted to finds that the petition complies with the Associate Administrator for Safe- the requirements of this section and ty, Federal Railroad Administration, that the proposed plan under § 232.15(g), 1200 New Jersey Avenue, SE., Wash- the alternative standard, or the pre- ington, DC 20590. revenue service plan is acceptable and (2) Service of each petition for spe- justified, the petition will be granted, cial approval of a plan or an alter- normally within 90 days of its receipt. native standard submitted under para- If the petition is neither granted nor graph (b) of this section shall be made denied within 90 days, the petition re- on the following: mains pending for decision. FRA may (i) Designated representatives of the attach special conditions to the ap- employees of the railroad submitting a proval of any petition. Following the plan pursuant to § 232.15(g) or des- approval of a petition, FRA may re- ignated representatives of the employ- open consideration of the petition for ees responsible for the equipment’s op- cause. eration, inspection, testing, and main- (2) If FRA finds that the petition tenance under this part; does not comply with the requirements (ii) Any organizations or bodies that of this section and that the proposed either issued the standard incorporated plan under § 232.15(g), the alternative

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standard, or the pre-revenue service train shall be stopped. If a train line plan is not acceptable or justified, the uses other than solely pneumatic tech- petition will be denied, normally with- nology, the integrity of the train line in 90 days of its receipt. shall be monitored by the brake con- (3) When FRA grants or denies a peti- trol system. tion, or reopens consideration of the (c) A train brake system shall re- petition, written notice is sent to the spond as intended to signals from the petitioner and other interested parties. train line. (d) One hundred percent of the brakes [66 FR 4193, Jan. 17, 2001, as amended at 67 FR 17580, Apr. 10, 2002; 73 FR 61552, Oct. 16, on a train shall be effective and opera- 2008; 74 FR 25174, May 27, 2009] tive brakes prior to use or departure from any location where a Class I § 232.19 Availability of records. brake test is required to be performed Except as otherwise provided, the on the train pursuant to § 232.205. records and plans required by this part (e) A train shall not move if less than shall be made available to representa- 85 percent of the cars in that train tives of FRA and States participating have operative and effective brakes. under part 212 of this chapter for in- (f) Each car in a train shall have its spection and copying upon request. air brakes in effective operating condi- tion unless the car is being moved for § 232.21 Information Collection. repairs in accordance with §§ 232.15 and 232.609. The air brakes on a car are not (a) The information collection re- in effective operating condition if its quirements of this part were reviewed brakes are cut-out or otherwise inoper- by the Office of Management and Budg- ative or if the piston travel exceeds: et pursuant to the Paperwork Reduc- (1) 10 1/2 inches for cars equipped with tion Act of 1995 (44 U.S.C. 3501 et seq.) nominal 12-inch stroke brake cylinders; and are assigned OMB control number or 2130–0008. (2) The piston travel limits indicated (b) The information collection re- on the stencil, sticker, or badge plate quirements are found in the following for the brake cylinder with which the sections: §§ 229.27, 231.31, 232.1, 232.3, car is equipped. 232.7, 232.11, 232.15, 232.17, 232.103, (g) Except for cars equipped with 232.105, 232.107, 232.109, 232.111, 232.203, nominal 12-inch stroke (81⁄2 and 10-inch 232.205, 232.207, 232.209, 232.211, 232.213, diameters) brake cylinders, all cars 232.303, 232.307, 232.309, 232.403, 232.405, shall have a legible decal, stencil, or 232.407, 232.409, 232.503, 232.505. sticker affixed to the car or shall be equipped with a badge plate displaying Subpart B—General Requirements the permissible brake cylinder piston travel range for the car at Class I § 232.101 Scope. brake tests and the length at which the This subpart contains general oper- piston travel renders the brake ineffec- ating, performance, and design require- tive, if different from Class I brake test ments for each railroad that operates limits. The decal, stencil, sticker, or freight or other non-passenger trains badge plate shall be located so that it and for specific equipment used in may be easily read and understood by a those operations. person positioned safely beside the car. (h) All equipment ordered on or after § 232.103 General requirements for all August 1, 2002, or placed in service for train brake systems. the first time on or after April 1, 2004, (a) The primary brake system of a shall have train brake systems de- train shall be capable of stopping the signed so that an inspector can observe train with a service application from from a safe position either the piston its maximum operating speed within travel, an accurate indicator which the signal spacing existing on the shows piston travel, or any other track over which the train is oper- means by which the brake system is ating. actuated. The design shall not require (b) If the integrity of the train line of the inspector to place himself or her- a train brake system is broken, the self on, under, or between components

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of the equipment to observe brake ac- depended upon to hold equipment tuation or release. standing unattended on a grade (in- (i) All trains shall be equipped with cluding a locomotive, a car, or a train an emergency application feature that whether or not locomotive is attached). produces an irretrievable stop, using a For purposes of this section, ‘‘unat- brake rate consistent with prevailing tended equipment’’ means equipment adhesion, train safety, and brake sys- left standing and unmanned in such a tem thermal capacity. An emergency manner that the brake system of the application shall be available at all equipment cannot be readily controlled times, and shall be initiated by an un- by a qualified person. Unattended intentional parting of the train line or equipment shall be secured in accord- loss of train brake communication. ance with the following requirements: (j) A railroad shall set the maximum (1) A sufficient number of hand main reservoir working pressure. brakes shall be applied to hold the (k) The maximum brake pipe pres- equipment. Railroads shall develop and sure shall not be greater than 15 psi implement a process or procedure to less than the air governor verify that the applied hand brakes starting or loading pressure. will sufficiently hold the equipment (l) Except as otherwise provided in with the air brakes released. this part, all equipment used in freight (2) Except for equipment connected or other non-passenger trains shall, at to a source of compressed air (e.g., lo- a minimum, meet the Association of comotive or ground air source), prior American Railroads (AAR) Standard S– to leaving equipment unattended, the 469–47, ‘‘Performance Specification for brake pipe shall be reduced to zero at a Freight Brakes,’’ contained in the AAR rate that is no less than a service rate Manual of Standards and Recommended reduction, and the brake pipe vented to Practices, Section E (April 1, 1999). The atmosphere by leaving the angle cock incorporation by reference of this AAR in the open position on the first unit of standard was approved by the Director the equipment left unattended. of the Federal Register in accordance (3) Except for distributed power with 5 U.S.C. 552(a) and 1 CFR part 51. units, the following requirements apply You may obtain a copy of the incor- to unattended locomotives: porated document from the Association (i) All hand brakes shall be fully ap- of American Railroads, 50 F Street, plied on all locomotives in the lead NW, Washington, DC. 20001. You may consist of an unattended train. inspect a copy of the document at the (ii) All hand brakes shall be fully ap- Federal Railroad Administration, plied on all locomotives in an unat- Docket Clerk, 1200 New Jersey Avenue, tended locomotive consist outside of SE., Washington, DC or at the National yard limits. Archives and Records Administration (iii) At a minimum, the hand brake (NARA). For information on the avail- shall be fully applied on the lead loco- ability of this material at NARA, call motive in an unattended locomotive 202–741–6030, or go to: http:// consist within yard limits. www.archives.gov/federallregister/ (iv) A railroad shall develop, adopt, codeloflfederallregulations/ and comply with procedures for secur- ibrllocations.html. ing any unattended locomotive re- (m) If a train qualified by the Air quired to have a hand brake applied Flow Method as provided for in subpart pursuant to paragraph (n)(3)(i) through C of this part experiences a brake pipe (n)(3)(iii) when the locomotive is not air flow of greater than 60 CFM or equipped with an operative hand brake. brake pipe gradient of greater than 15 (4) A railroad shall adopt and comply psi while en route and the movable with a process or procedures to verify pointer does not return to those limits that the applied hand brakes will suffi- within a reasonable time, the train ciently hold an unattended locomotive shall be stopped at the next available consist. A railroad shall also adopt and location and be inspected for leaks in comply with instructions to address the brake system. throttle position, status of the reverse (n) Securement of unattended equip- lever, position of the generator field ment. A train’s air brake shall not be switch, status of the independent

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brakes, position of the isolation (5) Any hand brakes applied to hold switch, and position of the automatic unattended equipment shall not be re- brake valve on all unattended loco- leased until it is known that the air motives. The procedures and instruc- brake system is properly charged. tion required in this paragraph shall (o) Air pressure regulating devices take into account winter weather con- shall be adjusted for the following pres- ditions as they relate to throttle posi- sures: tion and reverser handle.

Locomotives PSI

(1) Minimum brake pipe air pressure: Road Service ...... 90 Switch Service ...... 60 (2) Minimum differential between brake pipe and main reservoir air pressures, with brake valve in running posi- tion ...... 15 (3) Safety valve for straight air brake ...... 30–55 (4) Safety valve for LT, ET, No. 8–EL, No. 14 EI, No. 6–DS, No. 6–BL and No. 6–SL equipment ...... 30–68 (5) Safety valve for HSC and No. 24–RL equipment ...... 30–75 (6) Reducing valve for independent or straight air brake ...... 30–50 (7) Self-lapping portion for electro-pneumatic brake (minimum full application pressure) ...... 50 (8) Self-lapping portion for independent air brake (full application pressure) ...... 30–50 (9) Reducing valve for high-speed brake (minimum) ...... 50

[66 FR 4193, Jan. 17, 2001, as amended at 67 FR 17581, Apr. 10, 2002; 73 FR 61553, Oct. 16, 2008; 74 FR 25174, May 27, 2009]

§ 232.105 General requirements for lo- cation where the equalizing-reservoir comotives. leakage can be corrected. On loco- (a) The air brake equipment on a lo- motives equipped with electronic comotive shall be in safe and suitable brakes, if the system logs or displays a condition for service. fault related to equalizing reservoir (b) All locomotives ordered on or leakage, the train may be moved only after August 1, 2002, or placed in serv- to the nearest forward location where ice for the first time on or after April the necessary repairs can be made. 1, 2004, shall be equipped with a hand or (e) Use of the feed or regulating valve that is: to control braking is prohibited. (1) Capable of application or activa- (f) The passenger position on the lo- tion by hand; comotive brake control stand shall be (2) Capable of release by hand; and used only if the trailing equipment is (3) Capable of holding the unit on a designed for graduated brake release or three (3) percent grade. if equalizing reservoir leakage occurs (c) On locomotives so equipped, the en route and its use is necessary to hand or parking brake as well as its safely control the movement of the parts and connections shall be in- train until it reaches the next forward spected, and necessary repairs made, as location where the reservoir leakage often as service requires but no less can be corrected. frequently than every 368 days. The (g) When taking charge of a loco- date of the last inspection shall be ei- ther entered on Form FRA F 6180–49A motive or locomotive consist, an engi- or suitably stenciled or tagged on the neer must know that the brakes are in locomotive. operative condition. (d) The amount of leakage from the § 232.107 Air source requirements and equalizing reservoir on locomotives cold weather operations. and related piping shall be zero, unless the system is capable of maintaining (a) Monitoring plans for yard air the set pressure at any service applica- sources. (1) A railroad shall adopt and tion with the brakes control valve in comply with a written plan to monitor the freight position. If such leakage is all yard air sources, other than loco- detected en route, the train may be motives, to determine that they oper- moved only to the nearest forward lo- ate as intended and do not introduce

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contaminants into the brake system of on all locomotive units in the consist freight equipment. at the initial terminal for a train and (2) This plan shall require the rail- at other locations where a locomotive road to: engineer first begins operation of a (i) Inspect each yard air source at train. The information required by this least two times per calendar year, no paragraph may be provided to the loco- less than five months apart, to deter- motive engineer by any means deter- mine it operates as intended and does mined to be appropriate by the rail- not introduce contaminants into the road; however, a written or electronic brake system of the equipment it serv- record of the information shall be ices. maintained in the cab of the control- (ii) Identify yard air sources found ling locomotive. not to be operating as intended or (b) Except as provided in paragraph found introducing contaminants into (e) of this section, all inoperative dy- the brake system of the equipment it namic brakes shall be repaired within services. 30 calendar days of becoming inoper- (iii) Repair or take other remedial ative or at the locomotive’s next peri- action regarding any yard air source odic inspection pursuant to § 229.23 of identified under paragraph (a)(2)(ii) of this chapter, whichever occurs first. this section. (c) Except as provided in paragraph (3) A railroad shall maintain records (e) of this section, a locomotive discov- of the information and actions required ered with inoperative dynamic brakes by paragraph (a)(2). These records shall shall have a tag bearing the words ‘‘in- be maintained for a period of at least operative dynamic brake’’ securely at- one year from the date of creation and tached and displayed in a conspicuous may be maintained either electroni- location in the cab of the locomotive. cally or in writing. This tag shall contain the following in- (b) Condensation and other contami- formation: nants shall be blown from the pipe or (1) The locomotive number; hose from which compressed air is (2) The name of the discovering car- taken prior to connecting the yard air rier; line or motive power to the train. (3) The location and date where con- (c) No chemicals which are known to dition was discovered; and degrade or harm brake system compo- nents shall be placed in the train air (4) The signature of the person dis- brake system. covering the condition. (d) Yard air reservoirs shall either be (d) An electronic or written record of equipped with an operable automatic repairs made to a locomotive’s dy- drain system or be manually drained at namic brakes shall be retained for 92 least once each day that the devices days. are used or more often if moisture is (e) A railroad may elect to declare detected in the system. the dynamic brakes on a locomotive (e) A railroad shall adopt and comply deactivated without removing the dy- with detailed written operating proce- namic brake components from the lo- dures tailored to the equipment and comotive, only if all of the following territory of that railroad to cover safe conditions are met: train operations during cold weather. (1) The locomotive is clearly marked For purposes of this provision, ‘‘cold with the words ‘‘dynamic brake deacti- weather’’ means when the ambient vated’’ in a conspicuous location in the temperature drops below 10 degrees cab of the locomotive; and Fahrenheit (F) (minus 12.2 degrees Cel- (2) The railroad has taken appro- sius). priate action to ensure that the deacti- vated locomotive is incapable of uti- § 232.109 Dynamic brake require- lizing dynamic brake effort to retard or ments. control train speed. (a) Except as provided in paragraph (f) If a locomotive consist is intended (i) of this section, a locomotive engi- to have its dynamic brakes used while neer shall be informed of the oper- in transit, a locomotive with inoper- ational status of the dynamic brakes ative or deactivated dynamic brakes or

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a locomotive not equipped with dy- train safely under all operating condi- namic brakes shall not be placed in the tions. controlling (lead) position of a consist (2) Include a ‘‘miles-per-hour-over- unless the locomotive has the capa- speed-stop’’ rule. At a minimum, this bility of: rule shall require that any train when (1) Controlling the descending a section of track with an effort in trailing locomotives in the average grade of one percent or greater consist that are so equipped; and over a distance of three continuous (2) Displaying to the locomotive en- miles shall be immediately brought to gineer the deceleration rate of the a stop, by an emergency brake applica- train or the total train dynamic brake tion if necessary, when the train’s retarding force. speed exceeds the maximum authorized (g) All locomotives equipped with dy- speed for that train by more than 5 namic brakes and ordered on or after miles per hour. A railroad shall reduce April 1, 2006, or placed in service for the 5-miles-per-hour-overspeed-stop re- the first time on or after October 1, striction if validated research indicates 2007, shall be designed to: the need for such a reduction. A rail- (1) Conduct an electrical integrity road may increase the 5-miles-per- test of the dynamic brake to determine hour-overspeed restriction only with if electrical current is being received approval of FRA and based upon at the grids on the system; and verifiable data and research. (2) Display in real-time in the cab of (k) A railroad operating a train with the controlling (lead) locomotive the a brake system that includes dynamic total train dynamic brake retarding brakes shall adopt and comply with force available in the train. specific knowledge, skill, and ability (h) All rebuilt locomotives equipped criteria to ensure that its locomotive with dynamic brakes and placed in engineers are fully trained in the oper- service on or after April 1, 2004, shall be ating rules prescribed by paragraph (j) designed to: of this section. The railroad shall in- corporate such criteria into its loco- (1) Conduct an electrical integrity motive engineer certification program test of the dynamic brake to determine pursuant to part 240 of this chapter. if electrical current is being received at the grids on the system; and [66 FR 4193, Jan. 17, 2001, as amended at 67 (2) Display either the train decelera- FR 17581, Apr. 10, 2002] tion rate or in real-time in the cab of the controlling (lead) locomotive the § 232.111 Train handling information. total train dynamic brake retarding (a) A railroad shall adopt and comply force available in the train. with written procedures to ensure that (i) The information required by para- a train crew employed by the railroad graph (a) of this section is not required is given accurate information on the to be provided to the locomotive engi- condition of the train brake system neer if all of the locomotives in the and train factors affecting brake sys- lead consist of a train are equipped in tem performance and testing when the accordance with paragraph (g) of this crew takes over responsibility for the section. train. The information required by this (j) A railroad operating a train with paragraph may be provided to the loco- a brake system that includes dynamic motive engineer by any means deter- brakes shall adopt and comply with mined appropriate by the railroad; written operating rules governing safe however, a written or electronic record train handling procedures using these of the information shall be maintained dynamic brakes under all operating in the cab of the controlling loco- conditions, which shall be tailored to motive. the specific equipment and territory of (b) The procedures shall require that the railroad. The railroad’s operating each train crew taking charge of a rules shall: train be informed of: (1) Ensure that the friction brakes (1) The total weight and length of the are sufficient by themselves, without train, based on the best information the aid of dynamic brakes, to stop the available to the railroad;

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(2) Any special weight distribution related to the performance of the tasks that would require special train han- identified. dling procedures; (3) Require all employees to success- (3) The number and location of cars fully complete a training curriculum with cut-out or otherwise inoperative that covers the skills and knowledge brakes and the location where they the employee will need to possess in will be repaired; order to perform the tasks required by (4) If a Class I or Class IA brake test this part that the employee will be re- is required prior to the next crew sponsible for performing, including the change point, the location at which specific Federal regulatory require- that test shall be performed; and ments contained in this part related to (5) Any train brake system problems the performance of a task for which the encountered by the previous crew of employee will be responsible; the train. (4) Require all employees to pass a written or oral examination covering Subpart C—Inspection and Testing the skills and knowledge the employee will need to possess in order to perform Requirements the tasks required by this part that the § 232.201 Scope. employee will be responsible for per- forming, including the specific Federal This subpart contains the inspection regulatory requirements contained in and testing requirements for brake sys- this part related to the performance of tems used in freight and other non-pas- a task for which the employee will be senger trains. This subpart also con- responsible for performing; tains general training requirements for (5) Require all employees to individ- railroad and contract personnel used to ually demonstrate ‘‘hands-on’’ capa- perform the required inspections and bility by successfully applying the tests. skills and knowledge the employee will need to possess in order to perform the § 232.203 Training requirements. tasks required by this part that the (a) Each railroad and each contractor employee will be responsible for per- shall adopt and comply with a training, forming to the satisfaction of the em- qualification, and designation program ployee’s supervisor or designated in- for its employees that perform brake structor; system inspections, tests, or mainte- (6) An employee hired or working nance. For purposes of this section, a prior to June 1, 2001, for a railroad or ‘‘contractor’’ is defined as a person contractor covered by this part will be under contract with the railroad or car considered to have met the require- owner. The records required by this ments, or a portion of the require- section may be maintained either elec- ments, contained in paragraphs (b)(3) tronically or in writing. through (b)(5) of this section if the em- (b) As part of this program, the rail- ployee receives training and testing on road or contractor shall: the specific Federal regulatory require- (1) Identify the tasks related to the ments contained in this part related to inspection, testing, and maintenance of the performance of the tasks which the the brake system required by this part employee will be responsible for per- that must be performed by the railroad forming; and if: or contractor and identify the skills (i) The training or testing, including and knowledge necessary to perform efficiency testing, previously received each task. by the employee is determined by the (2) Develop or incorporate a training railroad or contractor to meet the re- curriculum that includes both class- quirements, or a portion of the require- room and ‘‘hands-on’’ lessons designed ments, contained in paragraphs (b)(3) to impart the skills and knowledge through (b)(5) of this section and such identified as necessary to perform each training or testing can be documented task. The developed or incorporated as required in paragraphs (e)(1) through training curriculum shall specifically (e)(4) of this section; address the Federal regulatory require- (ii) The employee passes an oral, ments contained in this part that are written, or practical, ‘‘hands-on’’ test

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developed or adopted by the railroad or performance of duties may be used to contractor which is determined by the meet the ‘‘hands-on’’ portion of this re- railroad or contractor to ensure that quirement, provided that such testing the employee possesses the skills and is documented as required in paragraph knowledge, or a portion of the skills or (e) of this section; and knowledge, required in paragraphs (9) Add new brake systems to the (b)(3) through (b)(5) of this section and training, qualification and designation the test is documented as required in program prior to its introduction to paragraph (e) of this section; or revenue service. (iii) The railroad or contractor cer- (c) A railroad that operates trains re- tifies that a group or segment of its quired to be equipped with a two-way employees has previously received end-of-train telemetry device pursuant training or testing determined by the to subpart E of this part, and each con- railroad or contractor to meet the re- tractor that maintains such devices quirements, or a portion of the require- ments, contained in paragraphs (b)(3) shall adopt and comply with a training through (b)(5) of this section and com- program which specifically addresses plete records of such training are not the testing, operation, and mainte- available, provided the following condi- nance of two-way end-of-train devices tions are satisfied: for employees who are responsible for (A) The certification is placed in the the testing, operation, and mainte- employee’s training records required in nance of the devices. paragraph (e) of this section; (d) A railroad that operates trains (B) The certification contains a brief under conditions that require the set- description of the training provided ting of air brake pressure retaining and the approximate date(s) on which valves shall adopt and comply with a the training was provided; and training program which specifically ad- (C) Any employee determined to be dresses the proper use of retainers for trained pursuant to this paragraph is employees who are responsible for given a diagnostic oral, written, or using or setting retainers. ‘‘hands-on’’ test covering that training (e) A railroad or contractor shall for which this paragraph is relied upon maintain adequate records to dem- at the time the employee receives his onstrate the current qualification sta- or her first periodic refresher training tus of all of its personnel assigned to under paragraph (b)(8) of this section. inspect, test, or maintain a train brake (iv) Any combination of the training system. The records required by this or testing contained in paragraphs paragraph may be maintained either (b)(6)(i) through (b)(6)(iii) of this sec- electronically or in writing and shall tion and paragraphs (b)(3) through be provided to FRA upon request. (b)(5) of this section. These records shall include the fol- (7) Require supervisors to exercise lowing information concerning each oversight to ensure that all the identi- such employee: fied tasks are performed in accordance (1) The name of the employee; with the railroad’s written procedures (2) The dates that each training and the specific Federal regulatory re- course was completed; quirements contained in this part; (8) Require periodic refresher train- (3) The content of each training ing, at an interval not to exceed three course successfully completed; years, that includes classroom and (4) The employee’s scores on each ‘‘hands-on’’ training, as well as testing; test taken to demonstrate proficiency; except that employees that have com- (5) A description of the employee’s pleted their initial training under para- ‘‘hands-on’’ performance applying the graphs (b)(3) through (b)(6) of this part skills and knowledge the employee prior to April 1, 2004, shall not be re- needs to possess in order to perform quired to complete their first periodic the tasks required by this part that the refresher training until four years after employee will be responsible for per- the completion of their initial train- forming and the basis for finding that ing, and every three years thereafter. the skills and knowledge were success- Observation and evaluation of actual fully demonstrated;

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(6) The tasks required to be per- (5) A location where the train is re- formed under this part which the em- ceived in interchange if the train con- ployee is deemed qualified to perform; sist is changed other than by: and (i) Removing a car or a solid block of (7) Identification of the person(s) de- cars from the train; termining that the employee has suc- (ii) Adding a previously tested car or cessfully completed the training nec- a previously tested solid block of cars essary to be considered qualified to to the train; perform the tasks identified in para- (iii) Changing motive power; graph (e)(7) of this section. (iv) Removing or changing the ca- (8) The date that the employee’s sta- boose; or tus as qualified to perform the tasks (v) Any combination of the changes identified in paragraph (e)(7) of this listed in paragraphs (a)(5) of this sec- section expires due to the need for re- tion. fresher training. (A) If changes other than those con- (f) A railroad or contractor shall tained in paragraph (a)(5)(i)–(a)(5)(v) of adopt and comply with a plan to peri- this section are made to the train con- odically assess the effectiveness of its sist when it is received in interchange training program. One method of vali- and the train will move 20 miles or dation and assessment could be less, then the railroad may conduct a through the use of efficiency tests or brake test pursuant to § 232.209 on those periodic review of employee perform- cars added to the train. ance. (B) [Reserved] [66 FR 4193, Jan. 17, 2001, as amended at 67 (b) Except as provided in § 232.209, FR 17581, Apr. 10, 2002] each car and each solid block of cars added to a train shall receive a Class I § 232.205 Class I brake test-initial ter- brake test as described in paragraph (c) minal inspection. of this section at the location where it (a) Each train and each car in the is added to a train unless: train shall receive a Class I brake test (1) The solid block of cars is com- as described in paragraph (c) of this prised of cars from a single previous section by a qualified person, as de- train, the cars of which have pre- fined in § 232.5, at the following points: viously received a Class I brake test (1) The location where the train is and have remained continuously and originally assembled (‘‘initial ter- consecutively coupled together with minal’’); the train line remaining connected, (2) A location where the train consist other than for removing defective is changed other than by: equipment, since being removed from its previous train and have not been off (i) Adding a single car or a solid air for more than four hours; or block of cars, except as provided in (2) The solid block of cars is com- paragraph (b)(2) of this section; prised of cars from a single previous (ii) Removing a single car or a solid train, the cars of which were required block of cars; to be separated into multiple solid (iii) Removing cars determined to be blocks of cars due to space or trackage defective under this chapter; or constraints at a particular location (iv) A combination of the changes when removed from the previous train, listed in paragraphs (a)(2)(i) through provided the cars have previously re- (a)(2)(iii) of this section (See §§ 232.209 ceived a Class I brake test, have not and 232.211 for requirements related to been off air more than four hours, and the pick-up of cars and solid blocks of the cars in each of the multiple blocks cars en route.); of cars have remained continuously (3) A location where the train is off and consecutively coupled together air for a period of more than four with the train line remaining con- hours; nected, except for the removal of defec- (4) A location where a unit or cycle tive equipment. Furthermore, these train has traveled 3,000 miles since its multiple solid blocks of cars shall be last Class I brake test; and added to a train in the same relative

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order (no reclassification) as when re- (iii) The AFM indicator shall be cali- moved from the previous train, except brated for accuracy at periodic inter- for the removal of defective equipment. vals not to exceed 92 days. The AFM in- (c) A Class I brake test of a train dicator calibration test orifices shall shall consist of the following tasks and be calibrated at temperatures of not requirements: less than 20 degrees Fahrenheit. AFM (1) Brake pipe leakage shall not ex- indicators shall be accurate to within ceed 5 psi per minute or air flow shall ±3 standard cubic feet per minute not exceed 60 cubic feet per minute (CFM). (CFM). (2) The inspector(s) shall take a posi- (i) Leakage Test. The brake pipe leak- tion on each side of each car sometime age test shall be conducted as follows: during the inspection process so as to (A) Charge the air brake system to be able to examine and observe the functioning of all moving parts of the the pressure at which the train will be brake system on each car in order to operated, and the pressure at the rear make the determinations and inspec- of the train shall be within 15 psi of the tions required by this section. A ‘‘roll- pressure at which the train will be op- by’’ inspection of the brake release as erated, but not less than 75 psi, as indi- provided for in paragraph (b)(8) of this cated by an accurate gauge or end-of- section shall not constitute an inspec- train device at the rear end of train; tion of that side of the train for pur- (B) Upon receiving the signal to poses of this requirement; apply brakes for test, make a 20-psi (3) The train brake system shall be brake pipe service reduction; charged to the pressure at which the (C) If the locomotive used to perform train will be operated, and the pressure the leakage test is equipped with a at the rear of the train shall be within means for maintaining brake pipe pres- 15 psi of the pressure at which the train sure at a constant level during a 20-psi will be operated, but not less than 75 brake pipe service reduction, this fea- psi, angle cocks and cutout cocks shall ture shall be cut out during the leak- be properly positioned, air hoses shall age test; and be properly coupled and shall not kink, (D) With the brake valve lapped and bind, or foul or be in any other condi- the pressure maintaining feature cut tion that restricts air flow. An exam- out (if so equipped) and after waiting ination must be made for leaks and 45–60 seconds, note the brake pipe leak- necessary repairs made to reduce leak- age as indicated by the brake-pipe age to the required minimum. Retain- gauge in the locomotive, which shall ing valves and retaining valve pipes not exceed 5 psi per minute. shall be inspected and known to be in (ii) Air Flow Method Test. When a lo- proper condition for service; comotive is equipped with a 26-L brake (4) The brakes on each car shall apply valve or equivalent pressure maintain- in response to a 20-psi brake pipe serv- ing locomotive brake valve, a railroad ice reduction and shall remain applied may use the Air Flow Method Test as until a release of the air brakes has an alternate to the brake pipe leakage been initiated by the controlling loco- test. The Air Flow Method (AFM) Test motive or yard test device. The brakes shall be performed as follows: shall not be applied or released until (A) Charge the air brake system to the proper signal is given. A car found the pressure at which the train will be with brakes that fail to apply or re- operated, and the pressure at the rear main applied may be retested and re- of the train shall be within 15 psi of the main in the train if the retest is con- pressure at which the train will be op- ducted at an air pressure that is within erated, but not less than 75 psi, as indi- 15 psi of the air pressure at which the cated by an accurate gauge or end-of- train will be operated. The retest may train device at the rear end of train; be conducted from either the control- and ling locomotive, the head-end of the (B) Measure air flow as indicated by consist, or with a suitable test device, a calibrated AFM indicator, which as described in § 232.217(a), positioned shall not exceed 60 cubic feet per at one end of the car(s) being retested, minute (CFM). and the brakes shall remain applied

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until a release is initiated after a pe- fied person. In these circumstances, the riod which is no less than three min- railroad shall ensure that the carman utes. If the retest is performed at the is properly trained and designated as a car(s) being retested with a suitable de- qualified person or qualified mechan- vice, the compressed air in the car(s) ical inspector pursuant to the require- shall be depleted prior to disconnecting ments of this part. the hoses between the car(s) to perform (e) A railroad shall notify the loco- the retest; motive engineer that the Class I brake (5) For cars equipped with 81⁄2-inch or test was satisfactorily performed and 10-inch diameter brake cylinders, pis- provide the information required in ton travel shall be within 6 to 9 inches. this paragraph to the locomotive engi- If piston travel is found to be less than neer or place the information in the 6 inches or more than 9 inches, it must cab of the controlling locomotive fol- be adjusted to nominally 71⁄2 inches. lowing the test. The information re- For cars not equipped with 81⁄2-inch or quired by this paragraph may be pro- 10-inch diameter brake cylinders, pis- vided to the locomotive engineer by ton travel shall be within the piston any means determined appropriate by travel stenciled or marked on the car the railroad; however, a written or or badge plate. Minimum brake cyl- electronic record of the information inder piston travel of truck-mounted shall be retained in the cab of the con- brake cylinders must be sufficient to trolling locomotive until the train provide proper clearance reaches its destination. The written or when the brakes are released. Piston electronic record shall contain the travel must be inspected on each date, time, number of freight cars in- freight car while the brakes are ap- spected, and identify the qualified per- plied; son(s) performing the test and the loca- (6) Brake rigging shall be properly se- tion where the Class I brake test was cured and shall not bind or foul or oth- performed. erwise adversely affect the operation of (f) Before adjusting piston travel or the brake system; working on brake rigging, cutout cock (7) All parts of the brake equipment in brake pipe branch must be closed shall be properly secured. On cars and air reservoirs must be voided of all where the bottom rod passes through compressed air. When cutout cocks are the truck bolster or is secured with provided in brake cylinder pipes, these cotter keys equipped with a locking de- cutout cocks only may be closed and vice to prevent their accidental re- air reservoirs need not be voided of all moval, bottom rod safety supports are compressed air. not required; and [66 FR 4193, Jan. 17, 2001, as amended at 67 (8) When the release is initiated by FR 17582, Apr. 10, 2002; 73 FR 61553, Oct. 16, the controlling locomotive or yard test 2008] device, the brakes on each freight car shall be inspected to verify that it did § 232.207 Class IA brake tests—1,000- release; this may be performed by a mile inspection. ‘‘roll-by’’ inspection. If a ‘‘roll-by’’ in- (a) Except as provided in § 232.213, spection of the brake release is per- each train shall receive a Class IA formed, train speed shall not exceed 10 brake test performed by a qualified MPH and the qualified person per- person, as defined in § 232.5, at a loca- forming the ‘‘roll-by’’ inspection shall tion that is not more than 1,000 miles communicate the results of the inspec- from the point where any car in the tion to the operator of the train. The train last received a Class I or Class IA operator of the train shall note suc- brake test. The most restrictive car or cessful completion of the release por- block of cars in the train shall deter- tion of the inspection on the record re- mine the location of this test. quired in paragraph (d) of this section. (b) A Class IA brake test of a train (d) Where a railroad’s collective bar- shall consist of the following tasks and gaining agreement provides that a car- requirements: man is to perform the inspections and (1) Brake pipe leakage shall not ex- tests required by this section, a car- ceed 5 psi per minute, or air flow shall man alone will be considered a quali- not exceed 60 cubic feet per minute

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(CFM). The brake pipe leakage test or (2) In the event of an emergency that air flow method test shall be conducted alters normal train operations, such as pursuant to the requirements con- a derailment or other unusual cir- tained in § 232.205(c)(1); cumstance that adversely affects the (2) The inspector shall position him- safe operation of the train, the railroad self/herself, taking positions on each is not required to provide prior written side of each car sometime during the notification of a change in the location inspection process, so as to be able to where a Class IA brake test is per- examine and observe the functioning of formed to a location not on the rail- all moving parts of the brake system road’s list of designated locations for on each car in order to make the deter- performing Class IA brake tests, pro- minations and inspections required by vided that the railroad notifies FRA’s this section; Associate Administrator for Safety and (3) The air brake system shall be the pertinent FRA Regional Adminis- charged to the pressure at which the trator within 24 hours after the des- train will be operated, and the pressure ignation has been changed and the rea- at the rear of the train shall be within son for that change. 15 psi of the pressure at which the train [66 FR 4193, Jan. 17, 2001, as amended at 67 will be operated, but not less than 75 FR 17582, Apr. 10, 2002] psi, as indicated by an accurate gauge or end-of-train device at rear end of § 232.209 Class II brake tests—inter- train; mediate inspection. (4) The brakes on each car shall apply (a) At a location other than the ini- in response to a 20-psi brake pipe serv- tial terminal of a train, a Class II ice reduction and shall remain applied brake test shall be performed by a until the release is initiated by the qualified person, as defined in § 232.5, on controlling locomotive. A car found the following equipment when added to with brakes that fail to apply or re- a train: main applied may be retested and re- (1) Each car or solid block of cars, as main in the train if the retest is con- defined in § 232.5, that has not pre- ducted as prescribed in § 232.205(c)(4); viously received a Class I brake test or otherwise, the defective equipment that has been off air for more than four may only be moved pursuant to the hours; provisions contained in § 232.15, if appli- (2) Each solid block of cars, as de- cable; fined in § 232.5, that is comprised of (5) Brake rigging shall be properly se- cars from more than one previous cured and shall not bind or foul or oth- train; and erwise adversely affect the operation of (3) Except as provided in paragraph the brake system; and (a)(4) of this section, each solid block (6) All parts of the brake equipment of cars that is comprised of cars from shall be properly secured. only one previous train, the cars of (c) A railroad shall designate the lo- which have not remained continuously cations where Class IA brake tests will and consecutively coupled together be performed, and the railroad shall with the train line remaining con- furnish to the Federal Railroad Admin- nected since being removed from the istration upon request a description of previous train. A solid block of cars is each location designated. A railroad considered to have remained continu- shall notify FRA’s Associate Adminis- ously and consecutively coupled to- trator for Safety in writing 30 days gether with the train line remaining prior to any change in the locations connected since being removed from designated for such tests and inspec- the previous train if it has been tions. changed only by removing defective (1) Failure to perform a Class IA equipment. brake test on a train at a location des- (4) Each solid block of cars that is ignated pursuant to this paragraph comprised of cars from a single pre- constitutes a failure to perform a prop- vious train, the cars of which were re- er Class IA brake test if the train is quired to be separated into multiple due for such a test at that location. solid blocks of cars due to space or

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trackage constraints at a particular lo- (c) As an alternative to the rear car cation when removed from the previous brake application and release portion train, if they are not added in the same of the test, the operator of the train relative order as when removed from shall determine that brake pipe pres- the previous train or if the cars in each sure of the train is being reduced, as of the multiple blocks of cars have not indicated by a rear car gauge or end-of- remained continuously and consecu- train telemetry device, and then that tively coupled together with the train the brake pipe pressure of the train is line remaining connected, except for being restored, as indicated by a rear the removal of defective equipment. car gauge or end-of-train telemetry de- (b) A Class II brake test shall consist vice. (When an end-of-train telemetry of the following tasks and require- device is used to comply with any test ments: requirement in this part, the phrase (1) Brake pipe leakage shall not ex- ‘‘brake pipe pressure of the train is ceed 5 psi per minute, or air flow shall being reduced’’ means a pressure reduc- not exceed 60 cubic feet per minute tion of at least 5 psi, and the phrase (CFM). The brake pipe leakage test or ‘‘brake pipe pressure of the train is air flow method test shall be conducted being restored’’ means a pressure in- on the entire train pursuant to the re- crease of at least 5 psi). If an electronic quirements contained in § 232.205(c)(1); communication link between a control- (2) The air brake system shall be ling locomotive and a remotely con- charged to the pressure at which the trolled locomotive attached to the rear train will be operated, and the pressure end of a train is utilized to determine at the rear of the train shall be within that brake pipe pressure is being re- 15 psi of the pressure at which the train stored, the operator of the train shall will be operated, but not less than 75 know that the air brakes function as psi, as indicated by an accurate gauge intended on the remotely controlled lo- or end-of-train device at the rear end of comotive. train; (d) Each car or solid block of cars (3) The brakes on each car added to that receives a Class II brake test pur- the train and on the rear car of the suant to this section when added to the train shall be inspected to ensure that train shall receive a Class I brake test they apply in response to a 20-psi brake at the next forward location where fa- pipe service reduction and remain ap- cilities are available for performing plied until the release is initiated from such a test. the controlling locomotive. A car found with brakes that fail to apply or re- [66 FR 4193, Jan. 17, 2001, as amended at 67 main applied may be retested and re- FR 17583, Apr. 10, 2002] main in the train if the retest is con- § 232.211 Class III brake tests-trainline ducted as prescribed in § 232.205(c)(4); continuity inspection. otherwise, the defective equipment may only be moved pursuant to the (a) A Class III brake test shall be per- provisions of § 232.15, if applicable; formed on a train by a qualified person, (4) When the release is initiated, the as defined in § 232.5, to test the train brakes on each car added to the train brake system when the configuration and on the rear car of the train shall be of the train has changed in certain inspected to verify that they did re- ways. In particular, a Class III brake lease; this may be performed by a test shall be performed at the location ‘‘roll-by’’ inspection. If a ‘‘roll-by’’ in- where any of the following changes in spection of the brake release is per- the configuration of the train occur: formed, train speed shall not exceed 10 (1) Where a locomotive or a caboose MPH, and the qualified person per- is changed; forming the ‘‘roll-by’’ inspection shall (2) Where a car or a block of cars is communicate the results of the inspec- removed from the train with the con- tion to the operator of the train; and sist otherwise remaining intact; (5) Before the train proceeds the op- (3) At a point other than the initial erator of the train shall know that the terminal for the train, where a car or a brake pipe pressure at the rear of the solid block of cars that is comprised of train is being restored. cars from only one previous train the

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cars of which have remained continu- shall be inspected to verify that it did ously and consecutively coupled to- release; and gether with the trainline remaining (4) Before proceeding the operator of connected, other than for removing de- the train shall know that the brake fective equipment, since being removed pipe pressure at the rear of freight from its previous train that has pre- train is being restored. viously received a Class I brake test (c) As an alternative to the rear car and that has not been off air for more brake application and release portion than four hours is added to a train; of the test, it shall be determined that (4) At a point other than the initial the brake pipe pressure of the train is terminal for the train, where a solid being reduced, as indicated by a rear block of cars that is comprised of cars car gauge or end-of-train telemetry de- from a single previous train is added to vice, and then that the brake pipe pres- a train, provided that the solid block of sure of the train is being restored, as cars was required to be separated into indicated by a rear car gauge or end-of- multiple solid blocks of cars due to train telemetry device. If an electronic or radio communication link between a space or trackage constraints at a par- controlling locomotive and a remotely ticular location when removed from controlled locomotive attached to the the previous train, and the cars have rear end of a train is utilized to deter- previously received a Class I brake mine that brake pipe pressure is being test, have not been off air more than restored, the operator of the train shall four hours, and the cars in each of the know that the air brakes function as multiple blocks of cars have remained intended on the remotely controlled lo- continuously and consecutively cou- comotive. pled together with the train line re- (d) Whenever the continuity of the maining connected, except for the re- brake pipe is broken or interrupted moval of defective equipment. Further- with the train consist otherwise re- more, these multiple solid blocks of maining unchanged, it must be deter- cars must be added to the train in the mined that the brake pipe pressure of same relative order (no reclassifica- the train is being restored as indicated tion) as when removed from the pre- by a rear car gauge or end-of-train de- vious train, except for the removal of vice prior to proceeding. In the absence defective equipment; or of an accurate rear car gauge or end-of- (5) At a point other than the initial train telemetry device, it must be de- terminal for the train, where a car or a termined that the brakes on the rear solid block of cars that has received a car of the train apply and release in re- Class I or Class II brake test at that lo- sponse to air pressure changes made in cation, prior to being added to the the controlling locomotive. train, and that has not been off air for [66 FR 4193, Jan. 17, 2001, as amended at 67 more than four hours is added to a FR 17583, Apr. 10, 2002] train. (b) A Class III brake test shall con- § 232.213 Extended haul trains. sist of the following tasks and require- (a) A railroad may be permitted to ments: move a train up to, but not exceeding, (1) The train brake system shall be 1,500 miles between brake tests and in- charged to the pressure at which the spections if the railroad designates a train will be operated, and the pressure train as an extended haul train. In at the rear of the train shall not be less order for a railroad to designate a train than 60 psi, as indicated at the rear of as an extended haul train, all of the the train by an accurate gauge or end- following requirements must be met: of-train device; (1) The railroad must designate the (2) The brakes on the rear car of the train in writing to FRA’s Associate Ad- train shall apply in response to a 20-psi ministrator for Safety. This designa- brake pipe service reduction and shall tion must include the following: remain applied until the release is ini- (i) The train identification symbol or tiated by the controlling locomotive; identification of the location where ex- (3) When the release is initiated, the tended haul trains will originate and a brakes on the rear car of the train description of the trains that will be

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operated as extended haul trains from inspection elements contained in those locations; § 232.205. (ii) The origination and destination (ii) If the train will move greater points for the train; than 1,000 miles from that location (iii) The type or types of equipment without another brake inspection, the the train will haul; and train must be identified as an extended (iv) The locations where all train haul train for that movement and shall brake and mechanical inspections and meet all the requirements contained in tests will be performed. paragraphs (a)(1) through (a)(7) of this section. Such trains shall receive a (2) A Class I brake test pursuant to Class I brake test pursuant to § 232.205 § 232.205 shall be performed at the ini- by a qualified mechanical inspector to tial terminal for the train by a quali- ensure 100 percent effective and opera- fied mechanical inspector as defined in tive brakes, a freight car inspection § 232.5. pursuant to part 215 of this chapter by (3) A freight car inspection pursuant an inspector designated under § 215.11 of to part 215 of this chapter shall be per- this chapter, and all cars containing formed at the initial terminal for the non-complying conditions under part train and shall be performed by an in- 215 of this chapter shall either be re- spector designated under § 215.11 of this paired or removed from the train. The chapter. inbound inspection required by para- (4) All cars having conditions not in graph (a)(6) of this section may be used compliance with part 215 of this chap- to meet these inspection requirements ter at the initial terminal for the train provided it encompasses all the inspec- shall be either repaired or removed tion elements contained paragraphs from the train. Except for a car devel- (a)(2) through (a)(4) of this section. oping such a condition en route, no car (7) FRA inspectors shall have phys- shall be moved pursuant to the provi- ical access to visually observe all sions of § 215.9 of this chapter in the brake and freight car inspections and train. tests required by this section. (5) The train shall have no more than (b) Failure to comply with any of the one pick-up and one set-out en route, requirements contained in paragraph except for the set-out of defective (a) of this section will be considered an equipment pursuant to the require- improper movement of a designated ments of this chapter. priority train for which appropriate (i) Cars added to the train en route civil penalties may be assessed as out- shall be inspected pursuant to the re- lined in appendix A to this part. Fur- quirements contained in paragraphs thermore, FRA’s Associate Adminis- (a)(2) through (a)(5) of this section at trator for Safety may revoke a rail- the location where they are added to road’s ability to designate any or all the train. trains as extended haul trains for re- (ii) Cars set out of the train en route peated or willful noncompliance with shall be inspected pursuant to the re- any of the requirements contained in quirements contained in paragraph this section. Such a determination will (a)(6) of this section at the location be made in writing and will state the where they are set out of the train. basis for such action. (6) In order for an extended haul [66 FR 4193, Jan. 17, 2001, as amended at 67 train to proceed beyond 1,500 miles, the FR 17583, Apr. 10, 2002; 73 FR 61553, Oct. 16, following requirements shall be met: 2008] (i) If the train will move 1,000 miles or less from that location before re- § 232.215 Transfer train brake tests. ceiving a Class IA brake test or reach- (a) A transfer train, as defined in ing destination, a Class I brake test § 232.5, shall receive a brake test per- shall be conducted pursuant to § 232.205 formed by a qualified person, as defined to ensure 100 percent effective and op- in § 232.5, that includes the following: erative brakes. The inbound inspection (1) The air brake hoses shall be cou- required by paragraph (a)(6) of this sec- pled between all freight cars; tion may be used to meet this require- (2) After the brake system is charged ment provided it encompasses all the to not less than 60 psi as indicated by

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an accurate gauge or end-of-train de- (1) If the cars are off air for more vice at the rear of the train, a 15-psi than four hours, the cars shall be re- service brake pipe reduction shall be tested in accordance with § 232.205(c) made; and through (f). (3) An inspection shall be made to de- (2) At a minimum, yard air pressure termine that the brakes on each car shall be 60 psi at the end of the consist apply and remain applied until the re- or block of cars opposite from the yard lease is initiated by the controlling lo- test device and shall be within 15 psi of comotive. A car found with brakes that the regulator valve setting on yard test fail to apply or remain applied may be device. retested and remain in the train if the (3) If the air pressure of the yard test retest is conducted as prescribed in device is less than 80 psi, then a brake § 232.205(c)(4); otherwise, the defective pipe leakage or air flow test shall be equipment may be moved only pursu- conducted at the operating pressure of ant to the provisions contained in the train when the locomotives are at- § 232.15, if applicable; tached in accordance with (b) Cars added to transfer trains en § 232.205(c)(1). route shall be inspected pursuant to (d) Mechanical yard air test devices the requirements contained in para- and gauges shall be calibrated every 92 graph (a) of this section at the location days. Electronic yard test devices and where the cars are added to the train. gauges shall be calibrated annually. (c) If a train’s movement will exceed Mechanical and electronic yard air test 20 miles or is not a transfer train as de- devices and gauges shall be calibrated fined in § 232.5, the train shall receive a so that they are accurate to within ±3 Class I brake test in accordance with psi. § 232.205 prior to departure. (e) If used to test a train, a yard air [66 FR 4193, Jan. 17, 2001, as amended at 67 test device and any yard air test equip- FR 17583, Apr. 10, 2002] ment shall be accurate and function as intended. § 232.217 Train brake tests conducted using yard air. [66 FR 4193, Jan. 17, 2001, as amended at 67 FR 17583, Apr. 10, 2002] (a) When a train air brake system is tested from a yard air source, an engi- § 232.219 Double heading and helper neer’s brake valve or a suitable test de- service. vice shall be used to provide any in- crease or reduction of brake pipe air (a) When more than one locomotive pressure at the same, or slower, rate as is attached to a train, the engineer of an engineer’s brake valve. the controlling locomotive shall oper- (b) The yard air test device must be ate the brakes. In case it becomes nec- connected to the end of the train or essary for the controlling locomotive block of cars that will be nearest to the to give up control of the train short of controlling locomotive. However, if the the destination of the train, a Class III railroad adopts and complies with writ- brake test pursuant to § 232.211 shall be ten procedures to ensure that potential made to ensure that the brakes are op- overcharge conditions to the train erative from the automatic brake valve brake system are avoided, the yard air of the locomotive taking control of the test device may be connected to other train. than the end nearest to the controlling (b) When one or more helper loco- locomotive. motives are placed in a train, a visual (c) Except as provided in this section, inspection shall be made of each helper when yard air is used the train air locomotive brake system to determine brake system must be charged and that the brake system operates as in- tested as prescribed by § 232.205(c) and tended in response to a 20-psi reduction when practicable should be kept initiated from the controlling loco- charged until road motive power is motive of the train. A helper loco- coupled to train, after which, a Class motive with inoperative or ineffective III brake test shall be performed as brakes shall be repaired prior to use or prescribed by § 232.211. removed from the train.

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(c) If a helper locomotive utilizes a tain portion of that trackage as a re- Helper Link device or a similar tech- pair track; nology, the locomotive and device shall (iv) A track designated by a railroad be equipped, designed, and maintained as a track where minor repairs will be as follows: conducted or used by a railroad to reg- (1) The locomotive engineer shall be ularly and consistently perform minor notified by a distinctive alarm of any repairs during the period when the loss of communication between the de- track is used to conduct major repairs; vice and the two-way end-of-train de- however, such trackage is considered a vice of more than 25 seconds; shop or repair track only for each car (2) A method to reset the device shall receiving major repairs on such track- be provided in the cab of the helper lo- age and not for a car receiving only comotive that can be operated from the minor repairs; and engineer’s usual position during oper- (v) The facilities and tracks identi- ation of the locomotive. Alternatively, fied in paragraphs (a)(1)(i) through the helper locomotive or the device (a)(1)(iv) shall be considered shop or re- shall be equipped with a means to auto- pair tracks regardless of whether a mo- matically reset the device, provided bile repair vehicle is used to conduct that the automatic reset occurs within the repairs. the period time permitted for manual (2) Major repair means a repair that reset of the device; and normally would require greater than (3) The device shall be tested for ac- four person-hours to accomplish or curacy and calibrated if necessary ac- would involve the use of specialized cording to the manufacturer’s speci- tools and equipment. Major repairs in- fications and procedures every 365 clude such activities as coupler re- days. This shall include testing radio placement, draft gear repair, and re- frequencies and modulation of the de- pairs requiring the use of an air jack vice. A legible record of the date and but exclude changing wheels on inter- location of the last test or calibration modal loading ramps either with or shall be maintained with the device. without an air jack. (3) Minor repair means repairs, other [66 FR 4193, Jan. 17, 2001, as amended at 67 FR 17584, Apr. 10, 2002] than major repairs, that can be accom- plished in a short period of time with limited tools and equipment. Minor re- Subpart D—Periodic Maintenance pairs would include such things as safe- and Testing Requirements ty appliance straightening, handhold replacement, air hose replacement, lad- § 232.301 Scope. ing adjustment, and coupler knuckle or This subpart contains the periodic knuckle pin replacement. brake system maintenance and testing (b) A car on a shop or repair track requirements for equipment used in shall be tested to determine that the freight and other non-passenger trains. air brakes apply and remain applied until a release is initiated. § 232.303 General requirements. (c) A car on a shop or repair track (a) Definitions. The following defini- shall have its piston travel inspected. tions are intended solely for the pur- For cars equipped with 81⁄2-inch or 10- pose of identifying what constitutes a inch diameter brake cylinders, piston shop or repair track under this subpart. travel shall be within 6 to 9 inches. If (1) Shop or repair track means: piston travel is found to be less than 6 (i) A fixed repair facility or track inches or more than 9 inches, it must designated by the railroad as a shop or be adjusted to nominally 71⁄2 inches. repair track; For cars not equipped with 81⁄2-inch or (ii) A fixed repair facility or track 10-inch diameter brake cylinders, pis- which is regularly and consistently ton travel shall be within the piston used to perform major repairs; travel stenciled or marked on the car (iii) Track which is used at a location or badge plate. to regularly and consistently perform (d) Before a car is released from a both minor and major repairs where shop or repair track, a qualified person the railroad has not designated a cer- shall ensure:

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(1) The brake pipe is securely shall contain the date, location, and clamped; the signature or identification of the (2) Angle cocks are properly located qualified person removing it from the with suitable clearance and properly piece of equipment. positioned to allow maximum air flow; (f) The location and date of the last (3) Valves, reservoirs, and cylinders single car air brake test required by are tight on supports and the supports § 232.305 shall be clearly stenciled, are securely attached to the car; marked, or labeled in two-inch high (4) Hand brakes are tested, inspected, letters or numerals on the side of the and operate as intended; and equipment. Alternatively, the railroad (5) Brake indicators, on cars so industry may use an electronic or equipped, are accurate and operate as automated tracking system to track intended. the required information and the per- (e) If the single car air brake test re- formance of the test required by quired by § 232.305 cannot be conducted § 232.305. at the point where repairs can be made (1) Electronic or automated tracking to the car, the car may be moved after systems used to meet the requirement the repairs are made to the next for- contained in this paragraph shall be ca- ward location where the test can be pable of being reviewed and monitored performed. Inability to perform a sin- by FRA at any time to ensure the in- gle car air brake test does not con- tegrity of the system. FRA’s Associate stitute an inability to make the nec- Administrator for Safety may prohibit essary repairs. or revoke the railroad industry’s au- (1) If it is necessary to move a car thority to utilize an electronic or auto- from the location where the repairs are mated tracking system in lieu of sten- performed in order to perform a single ciling or marking if FRA finds that the car air brake test required by this part, electronic or automated tracking sys- a tag or card shall be placed on both tem is not properly secure, is inacces- sides of the equipment, or an auto- sible to FRA or railroad employees, or mated tracking system approved for fails to adequately track and monitor use by FRA, shall contain the fol- the equipment. FRA will record such a lowing information about the equip- determination in writing, include a ment: statement of the basis for such action, (i) The reporting mark and car num- and will provide a copy of the docu- ber; ment to the affected railroads. (ii) The name of the inspecting rail- (2) [Reserved] road; [66 FR 4193, Jan. 17, 2001, as amended at 66 (iii) The location where repairs were FR 39687, Aug. 1, 2001; 67 FR 17584, Apr. 10, performed and date; 2002; 73 FR 61553, Oct. 16, 2008] (iv) Indication whether the car re- quires a single car air brake test; § 232.305 Single car air brake tests. (v) The location where the appro- (a) Single car air brake tests shall be priate test is to be performed; and performed by a qualified person in ac- (vi) The name, signature, if possible, cordance with either Section 3.0, and job title of the qualified person ap- ‘‘Tests-Standard Freight Brake Equip- proving the move. ment,’’ and Section 4.0, ‘‘Special (2) The tag or card required by para- Tests,’’ of the Association of American graph (e)(1) of this section shall remain Railroads Standard S–486–04, ‘‘Code of affixed to the equipment until the nec- Air Brake System Tests for Freight essary test has been performed. Equipment,’’ contained in the AAR (3) An electronic or written record or Manual of Standards and Recommended copy of each tag or card attached to or Practices, Section E (January 1, 2004); an removed from a car or locomotive shall alternative procedure approved by FRA be retained for 90 days and, upon re- pursuant to § 232.17; or a modified pro- quest, shall be made available within 15 cedure approved in accordance with the calendar days for inspection by FRA or provisions contained in § 232.307. The State inspectors. incorporation by reference of these two (4) The record or copy of each tag or sections of this AAR standard was ap- card removed from a car or locomotive proved by the Director of the Federal

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Register in accordance with 5 U.S.C. prior to placing or using the car in rev- 552(a) and 1 CFR part 51. You may ob- enue service. tain a copy of the incorporated docu- [66 FR 39688, Aug. 1, 2001, as amended at 73 ment from the Association of American FR 61553, Oct. 16, 2008; 74 FR 25174, May 27, Railroads, 50 F Street, NW., Wash- 2009] ington, DC 20001. You may inspect a copy of the document at the Federal § 232.307 Modification of the single car Railroad Administration, Docket air brake test procedures. Clerk, 1200 New Jersey Avenue, SE., (a) Request. The AAR or other author- Washington, DC or at the National Ar- ized representative of the railroad in- chives and Records Administration dustry may seek modification of the (NARA). For information on the avail- single car air brake test procedures ability of this material at NARA, call prescribed in § 232.305(a). The request 202–741–6030, or go to: http:// for modification shall be submitted to www.archives.gov/federallregister/ the Associate Administrator for Safe- codeloflfederallregulations/ ty, Federal Railroad Administration, ibrllocations.html. 1200 New Jersey Avenue, SE., Wash- (b) Except as provided in § 232.303(e), a ington, DC 20590 and shall contain: railroad shall perform a single car air (1) The name, title, address, and tele- brake test on a car when: phone number of the primary person to (1) A car has its brakes cut-out or in- be contacted with regard to review of operative when removed from a train the modification; or when placed on a shop or repair (2) The modification, in detail, to be track, as defined in § 232.303(a); substituted for a particular procedure (2) A car is on a shop or repair track, prescribed in § 232.305(a); as defined in § 232.303(a), for any reason (3) Appropriate data or analysis, or and has not received a single car air both, for FRA to consider in deter- mining whether the modification will brake test within the previous 12- provide at least an equivalent level of month period; safety; and (3) A car is found with missing or in- (4) A statement affirming that the complete single car air brake test in- railroad industry has served a copy of formation; the request on the designated rep- (4) One or more of the following con- resentatives of the employees respon- ventional air brake equipment items is sible for the equipment’s operation, in- removed, repaired, or replaced: spection, testing, and maintenance (i) Brake reservoir; under this part, together with a list of (ii) Control valve mounting gasket; the names and addresses of the persons (iii) Pipe bracket stud; served. (iv) Service portion; (b) Federal Register document. Upon (v) Emergency portion; or receipt of a request for modification, (vi) Pipe bracket. FRA will publish a document in the (5) A car is found with one or more of FEDERAL REGISTER containing the re- the following wheel defects: quested modification. The document will permit interested parties 60 days (i) Built-up tread, unless known to be to comment on any requested modi- caused by hand brake left applied; fication. (ii) Slid flat wheel, unless known to (c) FRA review. During the 60 days be caused by hand brake left applied; or provided for public comment, FRA will (iii) Thermal cracks. review the petition. If FRA objects to (c) Except as provided in paragraph the requested modification, written no- (d) of this section, each car shall re- tification will be provided, within this ceive a single car air brake test no less 60-day period, to the party requesting than every 5 years. the modification detailing FRA’s ob- (d) Each car shall receive a single car jection. air brake test no less than 8 years from (d) Disposition. (1) If no comment ob- the date the car was built or rebuilt. jecting to the requested modification is (e) A single car air brake test shall be received during the 60-day comment performed on each new or rebuilt car period, provided by paragraph (b) of

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this section, or if FRA does not issue a every 92 days after being placed in written objection to the requested service and may not continue in serv- modification, the modification will be- ice if more than one year has passed come effective 15 days after the close of since its last 92-day test. the 60-day comment period. (f) Each single car test device shall (2) If an objection is raised by an in- be disassembled and cleaned not less terested party, during the 60-day com- frequently than every 365 days after ment period, or if FRA issues a written being placed in service. objection to the requested modifica- [66 FR 4193, Jan. 17, 2001, as amended at 66 tion, the requested modification will be FR 39689, Aug. 1, 2001] handled as follows: (i) If FRA finds that the request com- Subpart E—End-of-Train Devices plies with the requirements of this sec- tion and that the proposed modifica- § 232.401 Scope. tion is acceptable and justified, the re- This subpart contains the require- quest will be granted, normally within ments related to the performance, op- 90 days of its receipt. If the request for eration, and testing of end-of-train de- modification is neither granted nor de- vices. Unless expressly excepted in this nied within 90 days, the request re- subpart, the requirements of this sub- mains pending for decision. FRA may part apply to all trains operating on attach special conditions to the ap- track which is part of the general rail- proval of any request for modification. road system of transportation. Following the approval of a request for modification, FRA may reopen consid- § 232.403 Design standards for one-way eration of the request for cause. end-of-train devices. (ii) If FRA finds that the request does (a) General. A one-way end-of-train not comply with the requirements of device shall be comprised of a rear-of- this section and that the proposed train unit (rear unit) located on the modification is not acceptable or justi- last car of a train and a front-of-train fied, the requested modification will be unit (front unit) located in the cab of denied, normally within 90 days of its the locomotive controlling the train. receipt. (b) Rear unit. The rear unit shall be (iii) When FRA grants or denies a re- capable of determining the brake pipe quest for modification, or reopens con- pressure on the rear car and transmit- sideration of the request, written no- ting that information to the front unit tice is sent to the requesting party and for display to the locomotive engineer. other interested parties. The rear unit shall be— [66 FR 39688, Aug. 1, 2001, as amended at 74 (1) Capable of measuring the brake FR 25174, May 27, 2009] pipe pressure on the rear car with an accuracy of ±3 pounds per square inch § 232.309 Equipment and devices used (psig) and brake pipe pressure vari- to perform single car air brake ations of ±1 psig; tests. (2) Equipped with a ‘‘bleeder valve’’ (a) Equipment and devices used to that permits the release of any air perform single car air brake tests shall under pressure from the rear of train be tested for correct operation at least unit or the associated air hoses prior to once each calendar day of use. detaching the rear unit from the brake (b) Except for single car test devices, pipe; mechanical test devices such as pres- (3) Designed so that an internal fail- sure gauges, flow meters, orifices, etc. ure will not cause an undesired emer- shall be calibrated once every 92 days. gency brake application; (c) Electronic test devices shall be (4) Equipped with either an air gauge calibrated at least once every 365 days. or a means of visually displaying the (d) Test equipment and single car rear unit’s brake pipe pressure meas- test devices placed in service shall be urement; and tagged or labeled with the date its next (5) Equipped with a pressure relief calibration is due. safety valve to prevent explosion from (e) Each single car test device shall a high pressure air leak inside the rear be tested not less frequently than unit.

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(c) Reporting rate. Multiple data from the rear unit with the same code transmissions from the rear unit shall as entered into the front unit. occur immediately after a variation in (4) The front unit shall be designed to the rear car brake pipe pressure of ±2 meet the requirements of paragraphs psig and at intervals of not greater (d)(2), (3), (4), and (5) of this section. It than 70 seconds when the variation in shall also be designed to meet the per- the rear car brake pipe pressure over formance requirements in this para- the 70-second interval is less than ±2 graph under the following environ- psig. mental conditions: (d) Operating environment. The rear (i) At temperatures from 0 °C to 60 °C; unit shall be designed to meet the per- (ii) During a vertical or lateral shock formance requirements of paragraphs of 2 g. peak for 0.1 second; and (b) and (c) of this section under the fol- (iii) During a longitudinal shock of 5 lowing environmental conditions: g. peak for 0.1 second. (1) At temperatures from ¥40 °C to 60 (g) Radio equipment. (1) The radio °C; transmitter in the rear unit and the (2) At a relative humidity of 95% non- radio receiver in the front unit shall condensing at 50 °C; comply with the applicable regulatory (3) At altitudes of zero to 12,000 feet requirements of the Federal Commu- mean sea level; nications Commission (FCC) and use of (4) During vertical and lateral vibra- a transmission format acceptable to tions of 1 to 15 Hz., with 0.5 g. peak to the FCC. peak, and 15 to 500 Hz., with 5 g. peak (2) If power is supplied by one or to peak; more batteries, the operating life shall be a minimum of 36 hours at 0 °C. (5) During the longitudinal vibrations of 1 to 15 Hz., with 3 g. peak to peak, § 232.405 Design and performance and 15 to 500 Hz., with 5 g. peak to standards for two-way end-of-train peak; and devices. (6) During a shock of 10 g. peak for 0.1 Two-way end-of-train devices shall be second in any axis. designed and perform with the features (e) Unique code. Each rear unit shall applicable to one-way end-of-train de- have a unique and permanent identi- vices described in § 232.403, except those fication code that is transmitted along included in § 232.403(b)(3). In addition, a with the pressure message to the front- two-way end-of-train device shall be of-train unit. A code obtained from the designed and perform with the fol- Association of American Railroads, 50 lowing features: F Street, NW., Washington, DC 20036 (a) An emergency brake application shall be deemed to be a unique code for command from the front unit of the de- purposes of this section. A unique code vice shall activate the emergency air also may be obtained from the Office of valve at the rear of the train within Safety Assurance and Compliance one second. (RRS–10), Federal Railroad Adminis- (b) The rear unit of the device shall tration, Washington, DC 20590. send an acknowledgment message to (f) Front unit. (1) The front unit shall the front unit immediately upon re- be designed to receive data messages ceipt of an emergency brake applica- from the rear unit and shall be capable tion command. The front unit shall lis- of displaying the rear car brake pipe ten for this acknowledgment and re- pressure in increments not to exceed peat the brake application command if one pound. the acknowledgment is not correctly (2) The display shall be clearly visi- received. ble and legible in daylight and dark- (c) The rear unit, on receipt of a ness from the engineer’s normal oper- properly coded command, shall open a ating position. valve in the brake line and hold it open (3) The front device shall have a for a minimum of 15 seconds. This means for entry of the unique identi- opening of the valve shall cause the fication code of the rear unit being brake line to vent to the exterior. used. The front unit shall be designed (d) The valve opening shall have a so that it will display a message only minimum diameter of 3⁄4 inch and the

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internal diameter of the hose shall be (2) Train means one or more loco- 5⁄8 inch to effect an emergency brake motives coupled with one or more rail application. cars, except during switching oper- (e) The front unit shall have a manu- ations or where the operation is that of ally operated switch which, when acti- classifying cars within a railroad yard vated, shall initiate an emergency for the purpose of making or breaking brake transmission command to the up trains. rear unit or the locomotive shall be (3) Local train means a train assigned equipped with a manually operated to perform switching en route which switch on the engineer control stand operates with 4,000 trailing tons or less designed to perform the equivalent and travels between a point of origin function. The switch shall be labeled and a point of final destination, for a ‘‘Emergency’’ and shall be protected so distance that is no greater than that that there will exist no possibility of which can normally be operated by a accidental activation. single crew in a single tour of duty. (f) All locomotives ordered on or (4) Work train means a non-revenue after August 1, 2001, or placed in serv- service train of 4,000 trailing tons or ice for the first time on or after August less used for the administration and 1, 2003, shall be designed to automati- upkeep service of the railroad. cally activate the two-way end-of-train (5) Trailing tons means the sum of the device to effectuate an emergency gross weights—expressed in tons—of brake application whenever it becomes the cars and the locomotives in a train necessary for the locomotive engineer that are not providing propelling power to place the train air brakes in emer- to the train. gency. (b) General. All trains not specifically (g) The availability of the front-to- excepted in paragraph (e) of this sec- rear communications link shall be tion shall be equipped with and shall checked automatically at least every use either a two-way end-of-train de- 10 minutes. vice meeting the design and perform- (h) Means shall be provided to con- ance requirements contained in § 232.405 firm the availability and proper func- or a device using an alternative tech- tioning of the emergency valve. nology to perform the same function. (i) Means shall be provided to arm (c) New devices. Each newly manufac- the front and rear units to ensure the tured end-of-train device purchased by rear unit responds to an emergency a railroad after January 2, 1998 shall be command only from a properly associ- ated front unit. a two-way end-of-train device meeting the design and performance require- § 232.407 Operations requiring use of ments contained in § 232.405 or a device two-way end-of-train devices; prohi- using an alternative technology to per- bition on purchase of noncon- form the same function. forming devices. (d) Grandfathering. Each two-way (a) Definitions. The following defini- end-of-train device purchased by any tions are intended solely for the pur- person prior to July 1, 1997 shall be pose of identifying those operations deemed to meet the design and per- subject to the requirements for the use formance requirements contained in of two-way end-of-train devices. § 232.405. (1) Heavy grade means: (e) Exceptions. The following types of (i) For a train operating with 4,000 trains are excepted from the require- trailing tons or less, a section of track ment for the use of a two-way end-of- with an average grade of two percent train device: or greater over a distance of two con- (1) Trains with a locomotive or loco- tinuous miles; and motive consist located at the rear of (ii) For a train operating with great- the train that is capable of making an er than 4,000 trailing tons, a section of emergency brake application, through track with an average grade of one per- a command effected by telemetry or by cent or greater over a distance of three a crew member in radio contact with continuous miles. the controlling locomotive;

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(2) Trains operating in the push mode (ii) If the total number of cars in a with the ability to effectuate an emer- passenger train consist is thirteen (13) gency brake application from the rear to twenty-four (24), a car located no of the train; less than two-thirds (2⁄3) of the way (3) Trains with an operational ca- through the consist (counting from the boose placed at the rear of the train, first car in the train) must be equipped carrying one or more crew members in with an emergency brake valve readily radio contact with the controlling lo- accessible to a crew member; comotive, that is equipped with an (iii) Prior to descending a section of emergency brake valve; track with an average grade of two per- (4) Trains operating with a sec- cent or greater over a distance of two ondary, fully independent braking sys- continuous miles, the engineer of the tem capable of safely stopping the train shall communicate with the con- train in the event of failure of the pri- ductor, to ensure that a member of the mary system; crew with a working two-way radio is (5) Trains that do not operate over stationed in the car with the rearmost heavy grades and do not exceed 30 mph; readily accessible emergency brake (6) Local trains, as defined in para- valve on the train when the train be- graph (a)(3) of this section, that do not gins its descent; and operate over heavy grades; (iv) While the train is descending a (7) Work trains, as defined in para- section of track with an average grade graph (a)(4) of this section, that do not of two percent or greater over a dis- operate over heavy grades; tance of two continuous miles, a mem- (8) Trains that operate exclusively on ber of the train crew shall occupy the track that is not part of the general car that contains the rearmost readily railroad system; accessible emergency brake valve on (9) Trains that must be divided into the train and be in constant radio com- two sections in order to traverse a munication with the locomotive engi- grade (e.g., doubling a hill). This excep- neer. The crew member shall remain in tion applies only to the extent nec- this car until the train has completely essary to traverse the grade and only traversed the heavy grade. while the train is divided in two for such purpose; (f) Specific requirements for use. If a train is required to use a two-way end- (10) Passenger trains in which all of of-train device: the cars in the train are equipped with an emergency brake valve readily ac- (1) That device shall be armed and cessible to a crew member; operable from the time the train de- (11) Passenger trains that have a car parts from the point where the device at the rear of the train, readily acces- is installed until the train reaches its sible to one or more crew members in destination. If a loss of communication radio contact with the engineer, that is occurs at the location where the device equipped with an emergency brake is installed, the train may depart the valve readily accessible to such a crew location at restricted speed for a dis- member; and tance of no more than one mile in (12) Passenger trains that have twen- order to establish communication. ty-four (24) or fewer cars (not including When communication is established, locomotives) in the consist and that the quantitative values of the head and are equipped and operated in accord- rear unit shall be compared pursuant ance with the following train-configu- to § 232.409(b) and the device tested pur- ration and operating requirements: suant to § 232.409(c), unless the test was (i) If the total number of cars in a performed prior to installation. passenger train consist is twelve (12) or (2) The rear unit batteries shall be fewer, a car located no less than half- sufficiently charged at the initial ter- way through the consist (counting minal or other point where the device from the first car in the train) must be is installed and throughout the train’s equipped with an emergency brake trip to ensure that the end-of-train de- valve readily accessible to a crew mem- vice will remain operative until the ber; train reaches its destination.

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(3) The device shall be activated to (A) The helper locomotive engineer effectuate an emergency brake applica- shall initiate and maintain two-way tion either by using the manual toggle voice radio communication with the switch or through automatic activa- engineer on the head end of the train; tion, whenever it becomes necessary this contact shall be verified just prior for the locomotive engineer to initiate to passing the crest of the grade. an emergency application of the air (B) If there is a loss of communica- brakes using either the automatic tion prior to passing the crest of the brake valve or the conductor’s emer- grade, the helper locomotive engineer gency brake valve. and the head-end engineer shall act im- (g) En route failure of device on a mediately to stop the train until voice freight or other non-passenger train. Ex- communication is resumed, in accord- cept on passenger trains required to be ance with the railroad’s operating equipped with a two-way end-of-train rules. device (which are provided for in para- (C) If there is a loss of communica- graph (h) of this section), en route fail- tion once the descent has begun, the ures of a two-way end-of-train device helper locomotive engineer and the shall be handled in accordance with head-end engineer shall act to stop the this paragraph. If a two-way end-of- train, in accordance with the railroad’s train device or equivalent device fails operating rules, if the train has en route (i.e., is unable to initiate an reached a predetermined rate of speed emergency brake application from the that indicates the need for emergency braking. rear of the train due to certain losses (D) The brake pipe of the helper loco- of communication (front to rear) or due motive shall be connected and cut into to other reasons, the speed of the train the train line and tested to ensure op- on which it is installed shall be limited eration. to 30 mph until the ability of the de- (ii) Use of an occupied caboose at the vice to initiate an emergency brake ap- end of the train with a tested, func- plication from the rear of the train is tioning brake valve capable of initi- restored. This limitation shall apply to ating an emergency brake application a train using a device that uses an al- from the caboose. This alternative may ternative technology to serve the pur- be used only if the train service em- pose of a two-way end-of-train device. ployee in the caboose and the engineer With regard to two-way end-of-train on the head end of the train establish devices, a loss of communication be- and maintain two-way voice radio com- tween the front and rear units is an en munication and respond appropriately route failure only if the loss of commu- to the loss of such communication in nication is for a period greater than 16 the same manner as prescribed for minutes and 30 seconds. Based on the helper locomotives in paragraph existing design of the devices, the dis- (g)(1)(i) of this section. play to an engineer of a message that (iii) Use of a radio-controlled loco- there is a communication failure indi- motive at the rear of the train under cates that communication has been continuous control of the engineer in lost for 16 minutes and 30 seconds or the head end by means of telemetry, more. but only if such radio-controlled loco- (1) If a two-way end-of-train device motive is capable of initiating an fails en route, the train on which it is emergency application on command installed, in addition to observing the from the lead (controlling) locomotive. 30-mph speed limitation, shall not op- (2) If a two-way end-of-train device erate over a section of track with an fails en route while the train on which average grade of two percent or greater it is installed is operating over a sec- for a distance of two continuous miles, tion of track with an average grade of unless one of the following alternative two percent or greater for a distance of measures is provided: two continuous miles, the train shall (i) Use of an occupied helper loco- be brought safely to a stop at the first motive at the end of the train. This al- available location in accordance with ternative may be used only if the fol- the railroad’s operating rule, except lowing requirements are met: the train may continue in operation if

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the railroad provides one of the alter- device, or both, on a train and before native measures detailed in paragraph the train departs, the functional capa- (g)(1) of this section. bility of the device shall be deter- (h) En route failure of device on a pas- mined, after charging the train, by senger train. (1) A passenger train re- comparing the quantitative value of quired to be equipped with a two-way the air pressure displayed on the front end-of-train device that develops an en unit with the quantitative value of the route failure of the device (as explained air pressure displayed on the rear unit in paragraph (g) of this section) shall or on a properly calibrated air gauge. not operate over a section of track The end-of-train device shall not be with an average grade of two percent used if the difference between the two or greater over a distance of two con- readings exceeds three pounds per tinuous miles until an operable two- square inch. way end-of-train device is installed on (c) A two-way end-of-train device the train or an alternative method of shall be tested at the initial terminal initiating an emergency brake applica- or other point of installation to deter- tion from the rear of the train is mine that the device is capable of initi- achieved. ating an emergency power brake appli- (2) Except as provided in paragraph cation from the rear of the train. If (h)(1) of this section, a passenger train this test is conducted by a person other required to be equipped with a two-way than a member of the train crew, the end-of-train device that develops an en locomotive engineer shall be notified route failure of the device (as explained that a successful test was performed. in paragraph (g) of this section) shall The notification required by this para- be operated in accordance with the fol- graph may be provided to the loco- lowing: motive engineer by any means deter- (i) A member of the train crew shall mined appropriate by the railroad; be immediately positioned in the car however, a written or electronic record which contains the rearmost readily of the notification shall be maintained accessible emergency brake valve on in the cab of the controlling loco- the train and shall be equipped with an motive and shall include the date and operable two-way radio that commu- time of the test, the location where the nicates with the locomotive engineer; test was performed, and the name of and the person conducting the test. (ii) The locomotive engineer shall pe- (d) The telemetry equipment shall be riodically make running tests of the tested for accuracy and calibrated if train’s air brakes until the failure is necessary according to the manufac- corrected; and turer’s specifications and procedures at (3) Each en route failure shall be cor- least every 368 days. The 368 days shall rected at the next location where the not include a shelf-life of up to 92 days necessary repairs can be conducted or prior to placing the unit in service. at the next location where a required This test shall include testing radio brake test is to be performed, which- frequencies and modulation of the de- ever is reached first. vice. The date and location of the last [66 FR 4193, Jan. 17, 2001, as amended at 67 calibration or test as well as the name FR 17584, Apr. 10, 2002] of the person performing the calibra- tion or test shall be legibly displayed § 232.409 Inspection and testing of on a weather-resistant sticker or other end-of-train devices. marking device affixed to the outside (a) After each installation of either of both the front unit and the rear the front or rear unit of an end-of-train unit; however, if the front unit is an in- device, or both, on a train and before tegral part of the locomotive or is in- the train departs, the railroad shall de- accessible, then the information may termine that the identification code recorded on Form FRA F6180–49A in- entered into the front unit is identical stead, provided that the serial number to the unique identification code on of the unit is recorded. the rear unit. [66 FR 4193, Jan. 17, 2001, as amended at 66 (b) After each installation of either FR 29502, May 31, 2001; 67 FR 17584, Apr. 10, the front or rear unit of an end-of-train 2002]

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Subpart F—Introduction of New (1) Adopt and comply with such FRA- Brake System Technology approved plan, including fully exe- cuting the tests required by the plan; § 232.501 Scope. (2) Report to the FRA Associate Ad- This subpart contains general re- ministrator for Safety the results of quirements for introducing new brake the pre-revenue service acceptance system technologies. This subpart is tests; intended to facilitate the introduction (3) Correct any safety deficiencies of new complete brake system tech- identified by FRA in the design of the nologies or major upgrades to existing equipment or in the inspection, test- systems which the current regulations ing, and maintenance procedures or, if do not adequately address (i.e., elec- safety deficiencies cannot be corrected tronic brake systems). This subpart is by design or procedural changes, agree not intended for use in the introduc- to comply with any operational limita- tion of a new brake component or ma- tions that may be imposed by the Asso- terial. ciate Administrator for Safety on the revenue service operation of the equip- § 232.503 Process to introduce new ment; and brake system technology. (4) Obtain FRA approval to place the (a) Pursuant to the procedures con- new brake system technology in rev- tained in § 232.17, each railroad shall enue service. obtain special approval from the FRA (c) Compliance with limitations. The Associate Administrator for Safety of a operating railroad shall comply with pre-revenue service acceptance testing each operational limitation, if any, im- plan, developed pursuant to § 232.505, posed by the Associate Administrator for the new brake system technology, for Safety. prior to implementing the plan. (d) Availability of plan. The plan shall (b) Each railroad shall complete a be made available to FRA for inspec- pre-revenue service demonstration of tion and copying upon request. the new brake system technology in (e) Elements of plan. The plan shall in- accordance with the approved plan, clude all of the following elements: shall fulfill all of the other require- (1) An identification of each waiver, ments prescribed in § 232.505, and shall if any, of FRA or other Federal safety obtain special approval from the FRA regulations required for the tests or for Associate Administrator for Safety revenue service operation of the equip- under the procedures of § 232.17 prior to ment. using such brake system technology in (2) A clear statement of the test ob- revenue service. jectives. One of the principal test ob- jectives shall be to demonstrate that § 232.505 Pre-revenue service accept- the equipment meets the safety design ance testing plan. and performance requirements speci- (a) General; submission of plan. Except fied in this part when operated in the as provided in paragraph (f) of this sec- environment in which it is to be used. tion, before using a new brake system (3) A planned schedule for conducting technology for the first time on its sys- the tests. tem the operating railroad or railroads (4) A description of the railroad prop- shall submit a pre-revenue service ac- erty or facilities to be used to conduct ceptance testing plan containing the the tests. information required by paragraph (e) (5) A detailed description of how the of this section and obtain the approval tests are to be conducted. This descrip- of the FRA Associate Administrator tion shall include: for Safety, under the procedures speci- (i) An identification of the equipment fied in § 232.17. to be tested; (b) Compliance with plan. After receiv- (ii) The method by which the equip- ing FRA approval of the pre-revenue ment is to be tested; service testing plan and before intro- (iii) The criteria to be used to evalu- ducing the new brake system tech- ate the equipment’s performance; and nology into revenue service, the oper- (iv) The means by which the test re- ating railroad or railroads shall: sults are to be reported to FRA.

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(6) A description of any special in- tains specific exceptions from various strumentation to be used during the requirements contained in this part for tests. freight trains and freight cars equipped (7) A description of the information with ECP brake systems. or data to be obtained. (8) A description of how the informa- § 232.602 Applicability. tion or data obtained is to be analyzed This subpart applies to all railroads or used. that operate a freight car or freight (9) A description of any criteria to be used as safety limits during the test- train governed by this part and ing. equipped with an ECP brake system. (10) A description of the criteria to be Unless specifically excepted or modi- used to measure or determine the suc- fied in this section, all of the other re- cess or failure of the tests. If accept- quirements contained in this part are ance is to be based on extrapolation of applicable to a freight car or freight less than full level testing results, the train equipped with an ECP brake sys- analysis to be done to justify the valid- tem. ity of the extrapolation shall be de- scribed. § 232.603 Design, interoperability, and (11) A description of any special safe- configuration management require- ty precautions to be observed during ments. the testing. (a) General. A freight car or freight (12) A written set of standard oper- train equipped with an ECP brake sys- ating procedures to be used to ensure tem shall, at a minimum, meet the As- that the testing is done safely. sociation of American Railroads (AAR) (13) Quality control procedures to en- standards contained in the AAR Man- sure that the inspection, testing, and ual of Standards and Recommended maintenance procedures are followed. Practices related to ECP brake sys- (14) Criteria to be used for the rev- tems listed below; an alternate stand- enue service operation of the equip- ard approved by FRA pursuant to ment. (15) A description of all testing of the § 232.17; or a modified standard ap- equipment that has previously been proved in accordance with the provi- performed, if any. sions contained in paragraph (f) of this (f) Exception. For brake system tech- section. The incorporation by reference nologies that have previously been of the AAR standards identified in this used in revenue service in the United section was approved by the Director of States, the railroad shall test the the Federal Register in accordance equipment on its system, prior to plac- with 5 U.S.C. 552(a) and 1 CFR part 51. ing it in revenue service, to ensure the Copies of the incorporated documents compatibility of the equipment with may be obtained from the Association the operating system (track, signals, of American Railroads, 50 F Street, etc.) of the railroad. A description of NW., Washington, DC 20001, 202–639– such testing shall be retained by the 2100, www.aar.org. You may inspect a railroad and made available to FRA for copy at the Federal Railroad Adminis- inspection and copying upon request. tration, 1200 New Jersey Avenue, SE., Washington, DC, 202–493–6300 or at the Subpart G—Electronically Con- National Archives and Records Admin- trolled Pneumatic (ECP) Brak- istration (NARA). For information on ing Systems the availability of this material at NARA, call 202–741–6030, or go to: http:// SOURCE: 73 FR 61553, Oct. 16, 2008, unless www.archives.gov/federallregister/ otherwise noted. codeloflfederallregulations/ ibrllocations.html. The applicable § 232.601 Scope. standards, which are incorporated into This subpart contains specific re- this regulation by reference, include quirements applicable to freight trains the following: and freight cars equipped with ECP (1) AAR S–4200, ‘‘Electronically Con- brake systems. This subpart also con- trolled Pneumatic (ECP) Cable-Based

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Brake Systems—Performance Require- nology contained in subpart F of this ments,’’ (Adopted 1999; Revised: 2002, part are not applicable to a freight car 2004, 2008); or freight train equipped with an ECP (2) AAR S–4210, ‘‘ECP Cable-Based brake system approved by AAR in ac- Brake System Cable, Connectors, and cordance with paragraph (b) of this sec- Junction Boxes—Performance Speci- tion, conditionally or otherwise, as of fications,’’ (Adopted: 1999; Revised 2002, the effective date of this rule. 2007); (e) New technology. Upon written re- (3) AAR S–4220, ‘‘ECP Cable-Based quest supported by suitable justifica- Brake DC Power Supply—Performance tion and submitted pursuant to the Specification,’’ Version 2.0 (Adopted: special approval procedures in § 232.17, 1999; Revised: 2002); the Associate Administrator may ex- (4) AAR S–4230, ‘‘Intratrain Commu- cept from the requirements of subpart nication (ITC) Specification for Cable- F of this part the testing of new ECP Based Freight Train Control System,’’ brake technology, demonstration of Version 3.0 (Adopted: 1999; Revised: new ECP brake technology, or both, 2002, 2004); where testing or demonstration, or (5) AAR S–4240, ‘‘ECP Brake Equip- both, will be conducted pursuant to an ment—Approval Procedure’’ (Adopted: FRA-recognized industry standard and 2007); FRA is invited to monitor the testing (6) AAR S–4250, ‘‘Performance Re- or demonstration, or both. quirements for ITC Controlled Cable- (f) Modification of standards. The AAR Based Distributed Power Systems,’’ or other authorized representative of Version 2.0 (Adopted: 2003; Revised: the railroad industry may seek modi- 2004); fication of the industry standards iden- (7) AAR S–4260, ‘‘ECP Brake and Wire tified in or approved pursuant to para- Distributed Power Interoperability graph (a) of this section. The request Test Procedures’’ (Adopted: 2007); and for modification will be handled and (8) AAR S–4270, ‘‘ECP Brake System shall be submitted in accordance with Configuration Management’’ (Adopted: the modification procedures contained 2008). in § 232.307. (b) Approval. A freight train or freight car equipped with an ECP brake § 232.605 Training requirements. system and equipment covered by the AAR standards incorporated by ref- (a) Inspection, testing and mainte- erence in this section shall not be used nance. A railroad that operates a without conditional or final approval freight car or freight train equipped by AAR in accordance with AAR with an ECP brake system and each Standard S–4240, ‘‘ECP Brake Equip- contractor that performs inspection, ment—Approval Procedures’’ (2007). testing, or maintenance on a freight (c) Configuration management. A rail- car or freight train equipped with an road operating a freight train or ECP brake system shall adopt and freight car equipped with ECP brake comply with a training, qualification, systems shall adopt and comply with and designation program for its em- the configuration management plan de- ployees that perform inspection, test- veloped in accordance with the AAR ing or maintenance of ECP brake sys- standards incorporated by reference in tems. The training program required this section. FRA reserves the right to by this section shall meet the require- audit a manufacturer’s configuration ments in §§ 232.203(a), (b), (e), and (f). management plan at any time. (b) Operating rules. A railroad oper- (d) Exceptions. (1) A freight car or ating a freight train or freight car freight train equipped with a stand- equipped with an ECP brake system alone ECP brake system shall be ex- shall amend its operating rules to gov- cepted from the requirement in ern safe train handling procedures re- § 232.103(l) referencing AAR Standard lated to ECP brake systems and equip- S–469–47, ‘‘Performance Specification ment under all operating conditions for Freight Brakes.’’ and shall tailor its operating rules to (2) The provisions addressing the in- the specific equipment and territory of troduction of new brake system tech- the railroad.

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(c) Locomotive engineers. A railroad stricts access to the train and provides operating a freight car or freight train sufficient security to deter vandalism. equipped with an ECP brake system (c) Cars added en route. (1) Each shall adopt and use in its training pro- freight car equipped with an ECP brake gram under part 240 specific knowl- system that is added to a freight train edge, skill, and ability criteria to en- operating in ECP brake mode shall re- sure that its locomotive engineers are ceive a Class I brake test as described fully trained with the operating rules in § 232.205(c) by a qualified person, un- governing safe train handling proce- less all of the following are met: dures related to ECP brake systems (i) The car has received a Class I and equipment under all operating con- brake test by a qualified mechanical ditions and tailored to the specific inspector within the last 3,500 miles; equipment and territory of the rail- (ii) Information identified in road. § 232.205(e) relating to the performance of the previously received Class I brake § 232.607 Inspection and testing re- test is provided to the train crew; quirements. (iii) The car has not been off air for (a) Trains at initial terminal. A freight more than 24 hours or for more than 80 train operating in ECP brake mode hours, if that train remains in an ex- shall receive the following inspections tended-off-air facility; and at its point of origin (initial terminal): (iv) A visual inspection of the car’s (1) A Class I brake test as described brake systems is conducted to ensure in § 232.205(c) by a qualified mechanical that the brake equipment is intact and inspector (QMI); and properly secured. This may be accom- plished as part of the inspection re- (2) A pre-departure inspection pursu- quired under § 215.13 of this chapter and ant to part 215 of this chapter by an in- may be conducted while the car is off spector designated under § 215.11 of this air. chapter. (2) Each car and each solid block of (b) (1) Except for a Trains en route. cars not equipped with an ECP brake unit or cycle train, a train operating in system that is added to a train oper- ECP brake mode shall not operate a ating in ECP brake mode shall receive distance that exceeds its destination or a visual inspection to ensure it is prop- 3,500 miles, whichever is less, unless in- erly placed in the train and safe to op- spections meeting the requirements of erate and shall be moved and tagged in paragraph (a) of this section are per- accordance with the provisions con- formed on the train. tained in § 232.15. (2) A unit or cycle train operating in (d) Class III brake test (1) A Class III ECP brake mode shall receive the in- brake test shall be performed on a spections required in paragraph (a) of freight train operating in ECP brake this section at least every 3,500 miles. mode by a qualified person, as defined (3) The greatest distance that any car in § 232.5, to test the train’s brake sys- in a train has traveled since receiving tem whenever the continuity of the a Class I brake test by a qualified me- brake pipe or electrical connection is chanical inspector will determine the broken or interrupted. distance that the train has traveled. (2) In lieu of observing the brake pipe (4) A freight train operating in ECP changes at the rear of a freight train brake mode shall receive a Class I with the end-of-train telemetry device brake test as described in § 232.205(c) by referred to in §§ 232.211(c) and (d), the a qualified person at a location where operator shall verify that the brakes the train is off air for a period of more applied and released on the rear car of than: the freight train by observing the ECP (i) 24 hours, or brake system’s display in the loco- (ii) 80 hours, if the train remains in- motive cab. accessible to the railroad and in an ex- (e) Initialization. (1) A freight train tended-off-air facility. For the purpose operating in ECP brake mode shall be of this section, an extended-off-air fa- initialized as described in paragraph cility means a location controlled by a (e)(2) whenever the following occurs: sole shipper or consignee which re- (i) Class I brake test.

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(ii) Class III brake test. when it is equipped with an ECP brake (iii) Whenever the ECP brake system system and operating in ECP brake is powered on. mode. (2) Initialization shall, at a min- imum: § 232.609 Handling of defective equip- (i) initialize the ECP brake system ment with ECP brake systems. pursuant to AAR Series Standard S– (a) Ninety-five percent of the cars in 4200; and a train operating in ECP brake mode (ii) be performed in the sequential shall have effective and operative order of the in the train. brakes prior to use or departure from (3) Whenever an ECP brake system is the train’s initial terminal or any loca- initialized pursuant to this paragraph, tion where a Class I brake test is re- the train crew must ensure that the quired to be performed on the entire total number of cars indicated by the train by a qualified mechanical inspec- ECP brake system is the same as the tor pursuant to § 232.607. total number of cars indicated on the (b) A freight car equipped with an train consist. ECP brake system that is known to (f) Modifications to existing brake in- have arrived with ineffective or inoper- spections. (1) In lieu of the specific ative brakes at initial terminal of the brake pipe service reductions and in- next train which the car is to be in- creases required in this part, an elec- cluded or at a location where a Class I tronic signal that provides an equiva- brake test is required under lent application and release of the §§ 232.607(b)(1) through (b)(3) shall not brakes shall be utilized when con- depart that location with ineffective or ducting any required inspection or test inoperative brakes in a train operating on a freight car or freight train in ECP brake mode unless: equipped with an ECP brake system (1) The location does not have the and operating in ECP brake mode. ability to conduct the necessary re- (2) In lieu of the specific piston travel pairs; ranges contained in this part, the pis- (2) The car is hauled only for the pur- ton travel on freight cars equipped pose of repair to the nearest forward with ECP brake systems shall be with- location where the necessary repairs in the piston travel limits stenciled or can be performed consistent with the marked on the car or badge plate con- guidance contained in § 232.15(f); sistent with the manufacturers rec- (3) The car is not being placed for ommended limits, if so stenciled or loading or unloading while being marked. moved for repair unless unloading is (g) ECP brake system train line cable. necessary for the safe repair of the car; Each ECP brake system train line and cable shall: (4) The car is properly tagged in ac- (1) Be located and guarded to provide cordance with § 232.15(b). sufficient vertical clearance; (c) A freight car equipped with only (2) Not cause any tripping hazards; conventional pneumatic brakes shall (3) Not hang with one end free when- not move in a freight train operating ever the equipment is used in a train in ECP brake mode unless it would oth- movement; erwise have effective and operative (4) Not be positioned to interfere brakes if it were part of a conventional with the use of any safety appliance; or pneumatic brake-equipped train or (5) Not have any of the following con- could be moved from the location in ditions: defective condition under the provi- (i) Badly chafed or broken insulation. sions contained in, and tagged in ac- (ii) Broken plugs, receptacles or ter- cordance with, § 232.15. minals. (d) A freight train operating in ECP (iii) Broken or protruding strands of brake mode shall not move if less than wire. 85 percent of the cars in the train have (h) Exceptions. A freight car or a operative and effective brakes. How- freight train shall be exempt from the ever, after experiencing a penalty stop requirements contained in §§ 232.205(a) for having less than 85 percent opera- and (b), 232.207, 232.209, and 232.211(a) tive and effective brakes, a freight

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train operating in ECP brake mode paragraph (d) of this section when en may be moved if all of the following route; and are met: (2) The stand-alone ECP brake- (1) The train is visually inspected; equipped cars are: (2) Appropriate measures are taken (i) Moved for the purpose of delivery to ensure that the train is safely oper- to a railroad receiving the equipment ated to the location where necessary or to a location for placement in a repairs or changes to the consist can be train operating in ECP brake mode or made; being moved for repair to the nearest (3) A qualified person determines available location where the necessary that it is safe to move the train; and repairs can be made in accordance with (4) The train is moved in ECP brake §§ 232.15(a)(7) and (f); Switch Mode to the nearest or nearest (ii) Tagged in accordance with forward location where necessary re- § 232.15(b); and pairs or changes to the consist can be (iii) Placed in the train in accordance made. with § 232.15(e). (e) A freight car or locomotive (h) A train equipped and operated equipped with an ECP brake system with conventional pneumatic brakes that is found with inoperative or inef- may depart an initial terminal with fective brakes for the first time during freight cars that are equipped with the performance of a Class I brake test stand-alone ECP brake systems pro- or while en route may be used or vided all of the following are met: hauled without civil penalty liability (1) The train has 100 percent effective under this part to its destination, not and operative brakes on all cars to exceed 3,500 miles; provided, all ap- equipped with conventional pneumatic plicable provisions of this section are brake systems; met and the defective car or loco- (2) The train has at least 95 percent motive is hauled in a train operating in effective and operative brakes when in- ECP brake mode. cluding the freight cars equipped with (f) A freight car equipped with an stand-alone ECP brake systems; and ECP brake system that is part of a (3) The requirements contained in train operating in ECP brake mode: paragraph (g) of this section are met. (1) That is found with a defective (i) Tagging of defective equipment. A non-brake safety appliance may be freight car equipped with an ECP brake used or hauled without civil penalty system that is found with ineffective or under this part to the nearest or near- inoperative brakes will be considered est forward location where the nec- electronically tagged under essary repairs can be performed con- § 232.15(b)(1) and (b)(5) if the car is used sistent with the guidelines contained or hauled in a train operating in ECP in § 232.15(f). brake mode and the ECP brake system (2) That is found with an ineffective meets the following: or inoperative brake shall be hauled in (1) The ECP brake system is able to accordance with the following: display information in the cab of the (i) § 232.15(e)(1). lead locomotive regarding the location (ii) No more than two freight cars and identification of the car with de- with brakes pneumatically cut out or fective brakes; five freight cars or five units in a (2) The information is stored or multi-unit articulated piece of equip- downloaded and is accessible to FRA ment with brakes electronically cut and appropriate operating and inspec- out shall be consecutively placed in the tion personnel; and same train. (3) An electronic or written record of (g) A train operating with conven- the stored or downloaded information tional pneumatic brakes shall not oper- is retained and maintained in accord- ate with freight cars equipped with ance with § 232.15(b)(3). stand-alone ECP brake systems unless: (j) Procedures for handling ECP brake (1) The train has at least the min- system repairs and designation of repair imum percentage of operative brakes locations. (1) Each railroad operating required by paragraph (h) of this sec- freight cars equipped with ECP brake tion when at an initial terminal or systems shall adopt and comply with

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specific procedures developed in ac- freight car equipped with an ECP brake cordance with the requirements related system whenever any of the events to the movement of defective equip- identified in § 232.305 occur, except for ment contained in this subpart. These those paragraphs identified in para- procedures shall be made available to graph (f) of this section. FRA upon request. (d) A single car air brake test con- (2) Each railroad operating freight ducted in accordance with the proce- trains in ECP brake mode shall submit dure submitted and approved in accord- to FRA’s Associate Administrator for ance with paragraph (b) of this section Safety a list of locations on its system shall be performed by a qualified per- where ECP brake system repairs will son on each freight car retrofitted with be performed. A railroad shall notify a newly installed ECP brake system FRA’s Associate Administrator for prior to placing or using the car in rev- Safety in writing 30 days prior to any enue service. change in the locations designated for (e) Modification of single car test stand- such repairs. A sufficient number of lo- ard. A railroad or a duly authorized cations shall be identified to ensure representative of the railroad industry compliance with the requirements re- may seek modification of the single car lated to the handling of defective test standard approved in accordance equipment contained in this part. with paragraph (b) of this section. The (k) Exceptions: All freight cars and request for modification will be han- trains that are specifically identified, dled and shall be submitted in accord- operated, and handled in accordance ance with the modification procedures with this section are excepted from the contained in § 232.307. movement of defective equipment re- (f) Exceptions. A freight car equipped quirements contained in § 232.15(a)(2), with a stand-alone or dual mode ECP (a)(5) through (a)(8), and 232.103(d) and brake system is excepted from the sin- (e). gle car air brake test procedures con- tained in § 232.305(a). A freight car § 232.611 Periodic maintenance. equipped with a stand-alone ECP brake (a) In addition to the maintenance system is excepted from the single car requirements contained in § 232.303(b) test requirements contained in through (d), a freight car equipped with § 232.305(b)(2). an ECP brake system shall be in- (g) For purposes of paragraphs (c) and spected and repaired before being re- (d) of this section, if a single car air leased from a shop or repair track to brake test is conducted on a car prior ensure the proper and safe condition of to June 15, 2009, pursuant to the then the following: existing AAR standards, it shall be (1) ECP brake system wiring and considered the last single car air brake brackets; test for that car, if necessary. (2) ECP brake system electrical con- nections; and § 232.613 End-of-train devices. (3) Car mounted ECP brake system (a) An ECP–EOT device shall, at a components. minimum, serve as the final node on (b) Single car air brake test procedures. the ECP brake circuit, provide a cable Prior to placing a freight car equipped terminal circuit, and monitor, confirm, with an ECP brake system into rev- and report train, brake pipe, and train enue service, a railroad or a duly au- line cable continuity, cable voltage, thorized representative of the railroad brake pipe pressure, and the status of industry shall submit a procedure for the ECP–EOT device battery charge. conducting periodic single car air The ECP–EOT device shall transmit a brake tests to FRA for its approval status message (EOT Beacon) at least pursuant to § 232.17. once per second, contain a means of (c) Except as provided in § 232.303(e), a communicating with the HEU, and be single car air brake test conducted in equipped with a brake pipe pressure accordance with the procedure sub- transducer and a battery that charges mitted and approved in accordance from the train line cable. with paragraph (b) of this section shall (b) A railroad shall not move or use a be performed by a qualified person on a freight train equipped with an ECP

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brake system unless that train is performing all of the functions of a equipped with a functioning ECP–EOT functioning ECP–EOT device. device designed and operated in accord- (d) Exception. A freight train oper- ance with this subpart. The ECP–EOT ating in ECP brake mode is excepted device must be properly connected to from the end-of-train device require- the network and to the train line cable ments contained in subpart E of this at the rear of the train. part, provided that it is equipped with (c) A locomotive equipped with ECP an ECP–EOT device complying with brakes can be used in lieu of an ECP– this section. EOT device, provided it is capable of

APPENDIX A TO PART 232—SCHEDULE OF CIVIL PENALTIES 1

Willful Section Violation violation

Subpart A—General

232.15 Movement of power brake defects: (a) Improper movement, general ...... (1) (1) (11) Failure to make determinations and provide notification of en route de- fect ...... $2,500 $5,000 (b) Complete failure to tag ...... 2,500 5,000 (1) Insufficient tag or record ...... 1,000 2,000 (2), (4) Improper removal of tag ...... 2,000 4,000 (3) Failure to retain record of tag ...... 2,000 4,000 (c) Improper loading or purging ...... 2,500 5,000 (e) Improper placement of defective equipment ...... 2,500 5,000 232.19 Availability of records (1) (1)

Subpart B—General Requirements

232.103 All train brake systems: (a)–(c), (h)–(i) Failure to meet general design requirements ...... 2,500 5,000 (d) Failure to have proper percentage of operative brakes from Class I brake test ..... 5,000 7,500 (e) Operating with less than 85 percent operative brakes ...... 5,000 7,500 (f) Improper use of car with inoperative or ineffective brakes ...... 2,500 5,000 (g) Improper display of piston travel ...... 2,500 5,000 (m) Failure to stop train with excess air flow or gradient ...... 2,500 5,000 (n) Securement of unattended equipment: ...... (1) Failure to apply sufficient number of hand brakes; failure to develop or implement procedure to verify number applied ...... 5,000 7,500 (2) Failure to initiate emergency ...... 2,500 5,000 (3) Failure to apply hand brakes on locomotives ...... 2,500 5,000 (4) Failure to adopt or comply with procedures for securing unattended loco- motive ...... 5,000 7,500 (o) Improper adjustment of air regulating devices ...... 2,500 5,000 (p) Failure to hold supervisors jointly responsible ...... 2,500 5,000 232.105 Locomotives: (a) Air brakes not in safe and suitable condition ...... 1,000–5,000 2,000–7,500 (b) Not equipped with proper hand or parking brake ...... 5,000 7,500 (c)(1) Failure to inspect/repair hand or parking brake ...... 2,500 5,000 (2) Failure to properly stencil, tag, or record ...... 2,000 4,000 (d) Excess leakage from equalizing reservoir ...... 2,500 5,000 (e) Improper use of feed or regulating valve braking ...... 2,500 5,000 (f) Improper use of passenger position ...... 2,500 5,000 (g) Brakes in operative condition ...... 2,500 5,000 232.107 Air sources/cold weather operations: (a)(1), (2) Failure to adopt or comply with monitoring program for yard air sources .... 5,000 7,500 (3) Failure to maintain records ...... 2,500 5,000 (b) Failure to blow condensation ...... 2,500 5,000 (c) Use of improper chemicals ...... 5,000 7,500 (d) Failure to equip or drain yard air reservoirs ...... 2,500 5,000 (e) Failure to adopt or comply cold weather operating procedures ...... 5,000 7,500 232.109 Dynamic brakes: (a) Failure to provide information ...... 5,000 7,500 (b) Failure to make repairs ...... 5,000 7,500 (c) Failure to properly tag ...... 2,500 5,000 (d) Failure to maintain record of repair ...... 2,000 4,000 (e) Improper deactivation ...... 2,500 5,000 (f) Improper use of locomotive as controlling unit ...... 2,500 5,000 (g) Locomotive not properly equipped with indicator ...... 2,500 5,000

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Willful Section Violation violation

(h) Rebuilt locomotive not properly equipped ...... 2,500 5,000 (j) Failure to adopt or comply with dynamic brake operating rules ...... 5,000 7,500 (k) Failure to adopt or comply with training on operating procedures ...... 5,000 7,500 232.111 Train handling information: (a) Failure to adopt and comply with procedures ...... 5,000 7,500 (b) Failure to provide specific information ...... 2,500 5,000

Subpart C—Inspection and Testing Requirements

232.203 Training requirements: (a) Failure to develop or adopt program ...... 7,500 11,000 (b)(1)–(9) Failure to address or comply with specific required item or provision of pro- gram ...... 5,000 7,500 (c) Failure to adopt or comply with two-way EOT program ...... 5,000 7,500 (d) Failure to adopt or comply with retaining valve program ...... 5,000 7,500 (e) Failure to maintain adequate records ...... 5,000 7,500 (f) Failure to adopt and comply with periodic assessment plan ...... 7,500 11,000 232.205 Class I brake test—initial terminal inspection: (a) Complete failure to perform inspection ...... (1)10,000 15,000 (c)(1)–(4), (6)–(8) Partial failure to perform inspection ...... 5,000 7,500 (c)(5) Failure to properly adjust piston travel (per car) ...... 2,500 5,000 (d) Failure to use carman when required ...... 5,000 7,500 (e) Failure to provide proper notification ...... 2,500 5,000 (f) Failure to void compressed air ...... 2,500 5,000 232.207 Class IA brake tests—1,000-mile inspection: (a) Complete failure to perform inspection ...... (1)5,000 7,500 (b)(1)–(6) Partial failure to perform inspection ...... 2,500 5,000 (c) Failure to properly designate location ...... 5,000 7,500 (c)(1) Failure to perform at designated location ...... 5,000 7,500 (c)(2) Failure to provide notification ...... 2,500 5,000 232.209 Class II brake tests—intermediate inspection: (a) Complete failure to perform inspection ...... (1)5,000 7,500 (b)(1)–(5), (c) Partial failure to perform inspection ...... 2,500 5,000 (d) Failure to conduct Class I after Class II pick-up ...... (1) (1) 232.211 Class III brake tests—trainline continuity inspection: (a) Complete failure to perform inspection ...... 5,000 7,500 (b)(1)–(4), (c) Partial failure to perform inspection ...... 2,500 5,000 (d) Failure to restore air pressure at rear ...... 2,500 2,500 232.213 Extended haul trains: (a)(1) Failure to properly designate an extended haul train ...... 5,000 7,500 (a)(2)–(3), (5)(i), (8) Failure to perform inspections ...... (1) (1) (a)(4) Failure to remove defective car (per car) ...... 2,000 4,000 (a)(5)(ii), (6) Failure to conduct inbound inspection ...... 5,000 7,500 (a)(7) Failure to maintain record of defects (per car) ...... 2,000 4,000 (b) Improper movement or use of extended haul train ...... 5,000 7,500 232.215 Transfer train brake tests: (a) Failure to perform inspection ...... 5,000 7,500 (b) Failure to perform on cars added ...... 2,500 5,000 232.217 Train brake system tests conducted using yard air: (a) Failure to use suitable device ...... 2,500 5,000 (b) Improper connection of air test device ...... 5,000 7,500 (c) Failure to properly perform inspection ...... (1) (1) (d) Failure to calibrate test device ...... 2,500 5,000 (e) Failure to use accurate device ...... 2,500 5,000 232.219 Double heading and helper service: (a) Failure to perform inspection or inability to control brakes ...... 2,500 5,000 (b) Failure to make visual inspection ...... 2,500 5,000 (c) Use of improper helper link device ...... 2,500 5,000

Subpart D—Periodic Maintenance and Testing Requirements

232.303 General requirements: (b)–(d) Failure to conduct inspection or test when car on repair track ...... 2,500 5,000 (e) Improper movement of equipment for testing ...... 2,500 5,000 (e)(1) Failure to properly tag equipment for movement ...... 2,000 5,000 (e)(2)–(4) Failure to retain record or improper removal of tag or card ...... 2,000 4,000 (f) Failure to stencil or track test information ...... 2,500 5,000 232.305 Repair track air brake tests: (a) Failure to test in accord with required procedure ...... 2,500 5,000 (b)–(d) Failure to perform test ...... 2,500 5,000 232.307 Single car tests: (a) Failure to test in accord with required procedure ...... 2,500 5,000 (b)–(c) Failure to perform test ...... 2,500 5,000

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Willful Section Violation violation

232.309 Repair track air brake test and single car test equipment and devices: (a)–(f) Failure to properly test or calibrate ...... 2,500 5,000

Subpart E—End-of-Train Devices

232.403 Design standards for one-way devices: (a)–(g) Failure to meet standards ...... 2,500 5,000 232.405 Design standards for two-way devices: (a)–(i) Failure to meet standards ...... 2,500 5,000 232.407 Operating requirements for two-way devices: (b) Failure to equip a train ...... 5,000 7,500 (c) Improper purchase ...... 2,500 5,000 (f)(1) Failure of device to be armed and operable ...... 5,000 7,500 (f)(2) Insufficient battery charge ...... 2,500 5,000 (f)(3) Failure to activate the device ...... 2,500 5,000 (g) Improper handling of en route failure, freight or other non-passenger ...... 5,000 7,500 (h) Improper handling of en route failure, passenger ...... 5,000 7,500 232.409 Inspection and testing of devices: (a) Failure to have unique code ...... 2,500 5,000 (b) Failure to compare quantitative values ...... 2,500 5,000 (c) Failure to test emergency capability ...... 5,000 7,500 (d) Failure to properly calibrate ...... 2,500 5,000

Subpart F—Introduction of New Brake System Technology

232.503 Process to introduce new technology: (b) Failure to obtain FRA approval ...... 10,000 15,000 232.505 Pre-revenue service acceptance testing plan: (a) Failure to obtain FRA approval ...... 5,000 7,500 (b) Failure to comply with plan ...... 2,500 5,000 (f) Failure to test previously used technology ...... 5,000 7,500

Subpart G—Electronically Controlled Pneumatic (ECP) Braking Systems

232.603 Design, interoperability, and configuration management requirements: (a) Failure to meet minimum standards ...... 7,500 11,000 (b) Using ECP brake equipment without approval ...... 7,500 11,000 (c) Failure to adopt and comply with a proper configuration management plan ...... 7,500 11,000 232.605 Training Requirements: (a) Failure to adopt and comply with a proper training, qualification, and designation program for employees that perform inspection, testing or maintenance ...... (1) (1) (b) Failure to amend operating rules ...... 12,500 16,000 (c) Failure to adopt and comply with proper training criteria for locomotive engineers 12,500 16,000 232.607 Inspection and testing requirements: (a)(1), (b), (c)(1) Complete or partial failure to perform inspection ...... (1) (1) (a)(2) Complete or partial failure to perform pre-departure inspection ...... 7,500 11,000 (c)(1)(iv), (c)(2) Failure to perform visual inspection on a car added en route ...... 4,500 6,500 (d) Failure to perform inspection ...... (1) (1) (e)(1), (2) Failure to properly initialize the train ...... 7,500 11,000 (e)(3) Failure to ensure identical consist and system information ...... 7,500 11,000 (f)(1) Failure to apply a proper brake pipe service reduction ...... (1) (1) (f)(2) Failure to properly adhere to the proper piston travel ranges ...... (1) (1) (g)(1)–(4) Improperly located and guarded cable ...... 7,500 11,000 (g)(5) Condition of cable and connections ...... 7,500 11,000 232.609 Handling of defective equipment with ECP brake systems: (a) Failure to have proper percentage of operative brakes from Class I brake test ..... (1) (1) (b) Failure to prevent a car known to arrive with defective brakes to depart location where a Class I brake test is required ...... 7,500 11,000 (c) Improper movement of a car equipped with conventional pneumatic brakes ...... 7,500 11,000 (d) Operating with less than 85 percent operative brakes ...... (1) (1) (f)(2)(i) Improper placement of defective conventional brake equipment ...... (1) (1) (f)(2)(ii) Improper placement of defective ECP brake equipment ...... 7,500 11,000 (g) Improper movement of defective stand-alone ECP brake equipment in a train op- erating with conventional pneumatic brakes ...... (1) (1) (h) Improper movement from initial terminal of stand-alone ECP brake equipment in a conventional brake operated train ...... (1) (1) (i) Failure to tag equipment ...... (1) (1) (j)(1) Failure to adopt and comply with procedures for the movement of defective equipment ...... 7,500 11,000 (j)(2) Failure to submit list of ECP brake system repair locations ...... 7,500 11,000 232.611 Periodic maintenance: (a) Failure to ensure the proper and safe condition of car ...... 7,500 11,000 (b)–(d) Failure to perform test ...... 7,500 11,000

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Willful Section Violation violation

232.613 End-of-train devices: (a) Failure to meet design standards for ECP–EOT devices ...... 7,500 11,000 (b) Moving with an improper or improperly connected ECP–EOT device ...... 9,500 13,000 1 A penalty may be assessed against an individual only for a willful violation. Generally when two or more violations of these regulations are discovered with respect to a single unit of equipment that is placed or continued in service by a railroad, the ap- propriate penalties set forth above are aggregated up to a maximum of $25,000 per day. An exception to this rule is the $15,000 penalty for willful violation of § 232.503 (failure to get FRA approval before introducing new technology) with respect to a single unit of equipment; if the unit has additional violative conditions, the penalty may routinely be aggregated to $15,000. Although the penalties listed for failure to perform the brake inspections and tests under § 232.205 through § 232.209 may be assessed for each train that is not properly inspected, failure to perform any of the inspections and tests required under those sections will be treated as a violation separate and distinct from, and in addition to, any substantive violative conditions found on the equipment contained in the train consist. Moreover, the Administrator reserves the right to assess a penalty of up to $100,000 for any viola- tion where circumstances warrant. See 49 CFR part 209, appendix A. Failure to observe any condition for movement of defective equipment set forth in § 232.15(a) 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 defect(s) present on the equipment at the time of movement. Failure to provide any of the records or plans required by this part pursuant to § 232.19 will be considered a failure to maintain or develop the record or plan and will make the railroad liable for penalty under the particular regulatory section(s) concerning the retention or creation of the document involved. Failure to properly perform any of the inspections specifically referenced in § 232.209, § 232.213, § 232.217, and subpart G may be assessed under each section of this part or this chapter, or both, that contains the requirements for performing the ref- erenced inspection.

[66 FR 4193, Jan. 17, 2001, as amended at 69 FR 30594, May 28, 2004; 72 FR 51197, Sept. 6, 2007; 73 FR 61556, Oct. 16, 2008; 73 FR 79703, Dec. 30, 2008; 74 FR 15388, Apr. 6, 2009]

APPENDIX B TO PART 232—PART 232 the general railroad system of transpor- PRIOR TO MAY 31, 2001 AS CLARIFIED tation; or (2) Rapid transit operations in an urban EFFECTIVE APRIL 10, 2002 area that are not connected with the general PART 232—RAILROAD POWER BRAKES railroad system of transportation. AND DRAWBARS (c) As used in this part, carrier means ‘‘railroad,’’ as that term is defined below. Sec. (d) Railroad means all forms of non-high- 232.0 Applicability and penalties. way ground transportation that run on rails 232.1 Power brakes; minimum percentage. or electromagnetic guideways, including (1) 232.2 Drawbars; standard height. commuter or other short-haul rail passenger 232.3 Power brakes and appliances for oper- service in a metropolitan or suburban area, ating power-brake systems. and (2) high speed ground transportation sys- 232.10 General rules; locomotives. tems that connect metropolitan areas, with- 232.11 Train air brake system tests. out regard to whether they use new tech- 232.12 Initial terminal airbrake nologies not associated with traditional rail- tests. roads. Such term does not include rapid 232.13 Road train and intermediate terminal transit operations within an urban area that train air brake tests. are not connected to the general railroad 232.14 Inbound brake equipment inspection. system of transportation. 232.15 Double heading and helper service. (e) Any person (including a railroad and 232.16 Running tests. any manager, supervisor, official, or other 232.17 Freight and passenger train car employee or agent of a railroad) who violates brakes. any requirement of this part or causes the 232.19 End of train device. violation of any such requirement is subject APPENDIX A TO PART 232 to a civil penalty of at least $250 and not APPENDIX B TO PART 232 more than $10,000 per violation, except that: AUTHORITY: 45 U.S.C. 1, 3, 5, 6, 8–12, and 16, Penalties may be assessed against individ- as amended; 45 U.S.C. 431, 438, as amended; 49 uals only for willful violations, and, where a app. U.S.C. 1655(e), as amended; Pub. L. 100– grossly negligent violation or a pattern of 342; and 49 CFR 1.49(c), (g), and (m). repeated violations has created an imminent hazard of death or injury to persons, or has I. PART 232 PRIOR TO MAY 31, 2001. caused death or injury, a penalty not to ex- ceed $20,000 per violation may be assessed. § 232.0 Applicability and penalties. Each day a violation continues shall con- (a) Except as provided in paragraph (b), stitute a separate offense. this part applies to all standard gage rail- § 232.1 Power brakes; minimum percentage. roads. (b) This part does not apply to: On and after September 1, 1910, on all rail- (1) A railroad that operates only on track roads used in interstate commerce, when- inside an installation which is not part of ever, as required by the Safety Appliance

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Act as amended March 2, 1903, any train is or station at which the work was done shall operated with power or train brakes, not less be placed on a card displayed under trans- than 85 percent of the cars of such train shall parent covering in the cab of each loco- have their brakes used and operated by the motive unit. engineer of the locomotive drawing such (h)(1) Minimum brake cylinder piston trav- train, and all power-brake cars in every such el must be sufficient to provide proper brake train which are associated together with the shoe clearance when brakes are released. 85 percent shall have their brakes so used (2) Maximum brake cylinder piston travel and operated. when locomotive is standing must not exceed the following: § 232.2 Drawbars; standard Height. Not included in this Appendix. Moved to 49 Inches CFR part 231. Steam locomotives: 1 § 232.3 Power brakes and appliances for Cam type of driving wheel brake ...... 3 ⁄2 operating power-brake systems. Other types of driving wheel brakes ... 6 Engine truck brake ...... 8 (a) The specifications and requirement for Engine trailer truck brake ...... 8 power brakes and appliances for operating Tender brake (truck mounted and ten- power-brake systems for freight service set der bed mounted) ...... 8 forth in the appendix to the report on fur- Tender brake (body mounted) ...... 9 Locomotives other than steam: ther hearing, of May 30, 1945, are hereby Driving wheel brake ...... 6 adopted and prescribed. (See appendix to this Swivel type truck brake with brakes part for order in Docket 13528.) on more than one truck operated by one brake cylinder ...... 7 Rules for Inspection, Testing and Swivel type truck brake equipped with Maintenance of Air Brake Equipment one brake cylinder ...... 8 Swivel type truck brake equipped with § 232.10 General rules; locomotives. two or more brake cylinders ...... 6 (a) Air brake and hand brake equipment on locomotives including tender must be in- (i)(1) Foundation brake rigging, and safety spected and maintained in accordance with supports, where used, must be maintained in the requirements of the Locomotive Inspec- a safe and suitable condition for service. Le- tion and United States Safety Appliance vers, rods, brake beams, hangars and pins Acts and related orders and regulations of must be of ample strength and must not bind the Federal Railroad Administrator (FRA). or foul in any way that will affect proper op- (b) It must be known that air brake equip- eration of brakes. All pins must be properly ment on locomotives is in a safe and suitable applied and secured in place with suitable condition for service. locking devices. Brake shoes must be prop- (c) Compressor or must be erly applied and kept approximately in line tested for capacity by orifice test as often as with treads of wheels or other braking sur- conditions require but not less frequently faces. than required by law and orders of the FRA. (2) No part of the foundation brake rigging (d) Main reservoirs shall be subjected to and safety supports shall be closer to the tests periodically as required by law and or- rails than specified by law and orders of the ders of the FRA. FRA. (e) Air gauges must be tested periodically (j)(1) Main reservoir leakage: Leakage from as required by law and orders of the FRA, main air reservoir and related piping shall and whenever any irregularity is reported. not exceed an average of 3 pounds per minute They shall be compared with an accurate in a test of three minutes’ duration, made deadweight tester, or test gauge. Gauges after the pressure has been reduced 40 per- found inaccurate or defective must be re- cent below maximum pressure. paired or replaced. (2) Brake pipe leakage: Brake pipe leakage (f)(1) All operating portions of air brake must not exceed 5 pounds per minute after a equipment together with dirt collectors and reduction of 10 pounds has been made from filters must be cleaned, repaired and tested brake pipe air pressure of not less than 70 as often as conditions require to maintain pounds. them in a safe and suitable condition for (3) Brake cylinder leakage: With a full service, and not less frequently than re- service application of brakes, and with com- quired by law and orders of the FRA. munication to the brake cylinders closed, (2) On locomotives so equipped, hand brakes must remain applied not less than brakes, parts, and connections must be in- five minutes. spected, and necessary repairs made as often (4) The main reservoir system of each unit as the service requires, with date being suit- shall be equipped with at least one safety ably stenciled or tagged. valve, the capacity of which shall be suffi- (g) The date of testing or cleaning of air cient to prevent an accumulation of pressure brake equipment and the initials of the shop of more than 10 pounds per square inch above

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the maximum setting of the compressor gov- dition of train air brake and air signal equip- ernor fixed by the chief mechanical officer of ment on motive power and cars to the extent the carrier operating the locomotive. that it is possible to detect defective equip- (5) A suitable governor shall be provided ment by required air tests. that will stop and start the air compressor (b) Communicating signal system on pas- within 5 pounds above or below the pressures senger equipment trains must be tested and fixed. known to be in a suitable condition for serv- (6) Compressor governor when used in con- ice before leaving terminal. nection with the automatic air brake system (c) Each train must have the air brakes in shall be so adjusted that the compressor will effective operating condition, and at no time start when the main reservoir pressure is not shall the number and location of operative less than 15 pounds above the maximum air brakes be less than permitted by Federal brake-pipe pressure fixed by the rules of the requirements. When piston travel is in excess carrier and will not stop the compressor of 101⁄2 inches, the air brakes cannot be con- until the reservoir pressure has increased sidered in effective operating condition. not less than 10 pounds. (d) Condensation must be blown from the (k) The communicating signal system on pipe from which air is taken before con- locomotives when used in passenger service necting yard line or motive power to train. must be tested and known to be in a safe and § 232.12 Initial Terminal Road Train Airbrake suitable condition for service before each Tests. trip. (l) Enginemen when taking charge of loco- (a)(1) Each train must be inspected and motives must know that the brakes are in tested as specified in this section by a quali- operative condition. fied person at points— (m) In freezing weather drain cocks on air (i) Where the train is originally made up compressors of steam locomotives must be (initial terminal); left open while compressors are shut off. (ii) Where train consist is changed, other (n) Air pressure regulating devices must be than by adding or removing a solid block of adjusted for the following pressures: cars, and the train brake system remains charged; and Pounds (iii) Where the train is received in inter- change if the train consist is changed other Locomotives: (1) Minimum brake pipe air pressure: than by— Road Service ...... 70 (A) Removing a solid block of cars from Switch Service ...... 60 the head end or rear end of train; (2) Minimum differential between (B) Changing motive power; brake pipe and main reservoir air (C) Removing or changing the caboose; or pressures, with brake valve in run- (D) Any combination of the changes listed ning position ...... 15 in (A), (B), and (C) of this subparagraph. (3) Safety valve for straight air brake 30–55 (4) Safety valve for LT, ET, No. 8–EL, Where a carman is to perform the inspec- No. 14 El, No. 6–DS, No. 6–BL and tion and test under existing or future collec- No. 6–SL equipment ...... 30–68 tive bargaining agreement, in those cir- (5) Safety valve for HSC and No. 24– cumstances a carman alone will be consid- RL equipment ...... 30–75 ered a qualified person. (6) Reducing valve for independent or (2) A qualified person participating in the straight air brake ...... 30–50 test and inspection or who has knowledge (7) Self-lapping portion for electro- that it was made shall notify the engineer pneumatic brake (minimum full ap- plication pressure) ...... 50 that the initial terminal road train air brake (8) Self-lapping portion for inde- test has been satisfactorily performed. The pendent air brake (full application qualified person shall provide the notifica- pressure) ...... 30–50 tion in writing if the road crew will report (9) Reducing valve for air signal ...... 40–60 for duty after the qualified person goes off (10) Reducing valve for high-speed duty. The qualified person also shall provide brake (minimum) ...... 50 Cars: the notification in writing if the train that (11) Reducing valve for high-speed has been inspected is to be moved in excess brake ...... 58–62 of 500 miles without being subjected to an- (12) Safety valve for PS, LN, UC, other test pursuant to either this section or AML, AMU and AB–1–B air brakes 58–62 § 232.13 of this part. (13) Safety valve for HSC air brake ... 58–77 (b) Each carrier shall designate additional (14) Governor valve for water raising inspection points not more than 1,000 miles system ...... 60 (15) Reducing valve for water raising apart where intermediate inspection will be system ...... 20–30 made to determine that— (1) Brake pipe pressure leakage does not exceed five pounds per minute; § 232.11 Train Air Brake System Tests. (2) Brakes apply on each car in response to (a) Supervisors are jointly responsible with a 20-pound service brake pipe pressure reduc- inspectors, enginemen and trainmen for con- tion; and

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(3) Brake rigging is properly secured and (2) Minimum brake cylinder piston travel does not bind or foul. of truck-mounted brake cylinders must be (c) Train airbrake system must be charged sufficient to provide proper brake shoe clear- to required air pressure, angle cocks and cut- ance when brakes are released. Maximum out cocks must be properly positioned, air piston travel must not exceed 6 inches. hose must be properly coupled and must be (3) Piston travel of brake cylinders on in condition for service. An examination freight cars equipped with other than stand- must be made for leaks and necessary repairs ard single capacity brake, must be adjusted made to reduce leakage to a minimum. Re- as indicated on badge plate or stenciling on taining valves and retaining valve pipes car located in a conspicuous place near the must be inspected and known to be in condi- brake cylinder. tion for service. If train is to be operated in (g) When test of airbrakes has been com- electro-pneumatic brake operation, brake pleted the engineman and conductor must be circuit cables must be properly connected. advised that train is in proper condition to (d)(1) After the airbrake system on a proceed. freight train is charged to within 15 pounds (h) During standing test, brakes must not of the setting of the feed valve on the loco- be applied or released until proper signal is motive, but to not less than 60 pounds, as in- given. dicated by an accurate gauge at rear end of (i)(1) When train airbrake system is tested train, and on a passenger train when charged from a yard test plant, an engineer’s brake to not less than 70 pounds, and upon receiv- valve or an appropriate test device shall be ing the signal to apply brakes for test, a 15- used to provide increase and reduction of pound brake pipe service reduction must be brake pipe air pressure or electro-pneumatic made in automatic brake operations, the brake application and release at the same or brake valve lapped, and the number of a slower rate as with engineer’s brake valve pounds of brake pipe leakage per minute and yard test plant must be connected to the noted as indicated by brake pipe guage, after end which will be nearest to the hauling road which brake pipe reduction must be in- locomotive. creased to full service. Inspection of the (2) When yard test plant is used, the train train brakes must be made to determine that airbrakes system must be charged and tested angle cocks are properly positioned, that the as prescribed by paragraphs (c) to (g) of this brakes are applied on each car, that piston section inclusive, and when practicable travel is correct, that brake rigging does not should be kept charged until road motive bind or foul, and that all parts of the brake power is coupled to train, after which, an equipment are properly secured. When this automatic brake application and release test inspection has been completed, the release of airbrakes on rear car must be made. If signal must be given and brakes released and each brake inspected to see that all have re- train is to be operated in electro-pneumatic leased. brake operation, this test must also be made (2) When a passenger train is to be oper- in electro-pneumatic brake operation before ated in electro-pneumatic brake operation proceeding. and after completion of test of brakes as pre- (3) If after testing the brakes as prescribed scribed by paragraph (d)(1) of this section the in paragraph (i)(2) of this section the train is brake system must be recharged to not less not kept charged until road motive power is than 90 pounds air pressure, and upon receiv- attached, the brakes must be tested as pre- ing the signal to apply brakes for test, a scribed by paragraph (d)(1) of this section minimum 20 pounds electro-pneumatic brake and if train is to be operated in electro-pneu- application must be made as indicated by the matic brake operation as prescribed by para- brake cylinder gage. Inspection of the train graph (d)(2) of this section. brakes must then be made to determine if (j) Before adjusting piston travel or work- brakes are applied on each car. When this in- ing on brake rigging, cutout cock in brake spection has been completed, the release sig- pipe branch must be closed and air reservoirs nal must be given and brakes released and must be drained. When cutout cocks are pro- each brake inspected to see that all have re- vided in brake cylinder pipes, these cutout leased. cocks only may be closed and air reservoirs (3) When the locomotive used to haul the need not be drained. train is provided with means for maintaining § 232.13 Road train and intermediate terminal brake pipe pressure at a constant level dur- train air brake tests. ing service application of the train brakes, this feature must be cut out during train air- (a) Passenger trains. Before motive power is brake tests. detached or angle cocks are closed on a pas- (e) Brake pipe leakage must not exceed 5 senger train operated in either automatic or pounds per minute. electro-pneumatic brake operation, except (f)(1) At initial terminal piston travel of when closing angle cocks for cutting off one body-mounted brake cylinders which is less or more cars from the rear end of train, than 7 inches or more than 9 inches must be automatic air brake must be applied. After adjusted to nominally 7 inches. recouping, brake system must be recharged

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to required air pressure and before pro- apply and remain applied, until the release ceeding and upon receipt of proper request or signal is given. As an alternative to the rear signal, application and release tests of car brake application and release portion of brakes on rear car must be made from loco- the test, it shall be determined that brake motive in automatic brake operation. If pipe pressure of the train is being reduced as train is to be operated in electro-pneumatic indicated by a rear car gauge or device and brake operation, this test must also be made then that brake pipe pressure of the train is in electro-pneumatic brake operation before being restored as indicated by a rear car proceeding. Inspector or trainman must de- gauge or device. Cars added to a train that termine if brakes on rear car of train prop- have not been inspected in accordance with erly apply and release. § 232.12 (c) through (j) must be so inspected (b) Freight trains. Before motive power is and tested at the next terminal where facili- detached or angle cocks are closed on a ties are available for such attention. freight train, brakes must be applied with (d)(2)(i) At a terminal where a solid block not less than a 20-pound brake pipe reduc- of cars, which has been previously charged tion. After recoupling, and after angle cocks and tested as prescribed by § 232.13 (c) are opened, it must be known that brake through (j), is added to a train, it must be pipe air pressure is being restored as indi- determined that the brakes on the rear car cated by a rear car gauge or device. In the of the train apply and release. As an alter- absence of a rear car gauge or device, an air native to the rear car application and release brake test must be made to determine that test, it shall be determined that brake pipe the brakes on the rear car apply and release. pressure of the train is being reduced as indi- (c)(1)At a point other than an initial ter- cated by a rear car gauge or device and then minal where a locomotive or caboose is that brake pipe pressure of the train is being changed, or where one or more consecutive restored as indicated by a rear car gauge or cars are cut off from the rear end or head end device. of a train with the consist otherwise remain- (d)(2)(ii) When cars which have not been ing intact, after the train brake system is previously charged and tested as prescribed charged to within 15 pounds of the feed valve by § 232.12 (c) through (j) are added to a train, setting on the locomotive, but not less than such cars may either be given inspection and 60 pounds as indicated at the rear of a freight tests in accordance with § 232.12 (c) through train and 70 pounds on a passenger train, a (j), or tested as prescribed by paragraph 20-pound brake pipe reduction must be made (d)(1) of this section prior to departure in and it must be determined that the brakes which case these cars must be inspected and on the rear car apply and release. As an al- tested in accordance with § 232.12 (c) through ternative to the rear car brake application (j) at next terminal. and release test, it shall be determined that (3) Before proceeding it must be known brake pipe pressure of the train is being re- that the brake pipe pressure at the rear of duced as indicated by a rear car gauge or de- freight train is being restored. vice and then that brake pipe pressure of the (e)(1) Transfer train and yard train move- train is being restored as indicated by a rear ments not exceeding 20 miles, must have the car gauge or device. air brake hose coupled between all cars, and (2) Before proceeding it must be known after the brake system is charged to not less that brake pipe pressure as indicated at rear than 60 pounds, a 15 pound service brake pipe of freight train is being restored. reduction must be made to determine that (3) On trains operating with electro-pneu- the brakes are applied on each car before re- matic brakes, with brake system charged to leasing and proceeding. not less than 70 pounds, test must be made to (2) Transfer train and yard train move- determine that rear brakes apply and release ments exceeding 20 miles must have brake properly from a minimum 20 pounds electro- inspection in accordance with § 232.12 (c)–(j). pneumatic brake application as indicated by (f) The automatic air brake must not be brake cylinder gauge. depended upon to hold a locomotive, cars or (d)(1) At a point other than a terminal train, when standing on a grade, whether lo- where one or more cars are added to a train, comotive is attached or detached from cars after the train brake system is charged to or train. When required, a sufficient number not less than 60 pounds as indicated by a of hand brakes must be applied to hold train, gauge or device at the rear of a freight train before air brakes are released. When ready to and 70 pounds on a passenger train. A brake start, hand brakes must not be released until test must be made by a designated person as it is known that the air brake system is described in § 232.12 (a)(1) to determine that properly charged. brake pipe leakage does not exceed five (5) (g) As used in this section, device means a pounds per minute as indicated by the brake system of components designed and in- pipe gauge after a 20-pound brake pipe reduc- spected in accordance with § 232.19. tion has been made. After the test is com- (h) When a device is used to comply with pleted, it must be determined that piston any test requirement in this section, the travel is correct, and the train airbrakes of phrase brake pipe pressure of the train is these cars and on the rear car of the train being reduced means a pressure reduction of

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at least five pounds and the phrase brake unless required and running test must be pipe pressure of the train is being restored made by applying train air brakes with suffi- means a pressure increase of at least five cient force to ascertain whether or not pounds. brakes are operating properly. If air brakes do not properly operate, train must be § 232.14 Inbound Brake Equipment Inspection. stopped, cause of failure ascertained and cor- (a) At points where inspectors are em- rected and running test repeated. ployed to make a general inspection of trains upon arrival at terminals, visual inspection § 232.17 Freight and passenger train car must be made of retaining valves and retain- brakes. ing valve pipes, release valves and rods, (a) Testing and repairing brakes on cars while brake rigging, safety supports, hand brakes, on shop or repair tracks. (1) When a freight car hose and position of angle cocks and make having brake equipment due for periodic at- necessary repairs or mark for repair tracks tention is on shop or repair tracks where fa- any cars to which yard repairs cannot be cilities are available for making air brake promptly made. (b) Freight trains arriving at terminals repairs, brake equipment must be given at- where facilities are available and at which tention in accordance with the requirements special instructions provide for immediate of the currently effective AAR Code of Rules brake inspection and repairs, trains shall be for cars in interchange. Brake equipment left with air brakes applied by a service shall then be tested by use of a single car brake pipe reduction of 20 pounds so that in- testing device as prescribed by the currently spectors can obtain a proper check of the pis- effective AAR Code of Tests. ton travel. Trainmen will not close any (2)(i) When a freight car having an air angle cock or cut the locomotive off until brake defect is on a shop or repair track, the 20 pound service reduction has been brake equipment must be tested by use of a made. Inspection of the brakes and needed single car testing device as prescribed by repairs should be made as soon thereafter as currently effective AAR Code of Tests. practicable. (ii) All freight cars on shop or repair tracks shall be tested to determine that the § 232.15 Double Heading and Helper Service. air brakes apply and release. Piston travel (a) When more than one locomotive is at- on a standard body mounted brake cylinder tached to a train, the engineman of the lead- which is less than 7 inches or more than 9 ing locomotive shall operate the brakes. On inches must be adjusted to nominally 7 all other motive power units in the train the inches. Piston travel of brake cylinders on brake pipe cutout cock to the brake valve all freight cars equipped with other than must be closed, the maximum main reservoir standard single capacity brake, must be ad- pressure maintained and brake valve handles justed as indicated on badge plate or sten- kept in the prescribed position. In case it be- ciling on car located in a conspicuous place comes necessary for the leading locomotive near brake cylinder. After piston travel has to give up control of the train short of the been adjusted and with brakes released, suf- destination of the train, a test of the brakes ficient brake shoe clearance must be pro- must be made to see that the brakes are op- vided. erative from the automatic brake valve of (iii) When a car is equipped for use in pas- the locomotive taking control of the train. senger train service not due for periodical air (b) The electro-pneumatic brake valve on brake repairs, as indicated by stenciled or re- all motive power units other than that which corded cleaning dates, is on shop or repair is handling the train must be cut out, handle tracks, brake equipment must be tested by of brake valve kept in the prescribed posi- use of single car testing device as prescribed tion, and air compressors kept running if by currently effective AAR Code of Tests. practicable. Piston travel of brake cylinders must be ad- justed if required, to the standard travel for § 232.16 Running Tests. that type of brake cylinder. After piston When motive power, engine crew or train travel has been adjusted and with brakes re- crew has been changed, angle cocks have leased, sufficient brake shoe clearance must been closed except for cutting off one or be provided. more cars from the rear end of train or (iv) Before a car is released from a shop or electro-pneumatic brake circuit cables be- repair track, it must be known that brake tween power units and/or cars have been dis- pipe is securely clamped, angle cocks in connected, running test of train air brakes proper position with suitable clearance, on passenger train must be made, as soon as valves, reservoirs and cylinders tight on sup- speed of train permits, by use of automatic ports and supports securely attached to car. brake if operating in automatic brake oper- (b)(1) Brake equipment on cars other than ation or by use of electro-pneumatic brake if passenger cars must be cleaned, repaired, lu- operating in electro-pneumatic brake oper- bricated and tested as often as required to ation. Steam or power must not be shut off maintain it in a safe and suitable condition

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for service but not less frequently than as re- corded cleaning dates, is on shop or repair quired by currently effective AAR Code of tracks, brake equipment must be tested by Rules for cars in interchange. use of single car testing device as prescribed (2) Brake equipment on passenger cars by the applicable AAR Code of Tests or by must be clean, repaired, lubricated and test- the American Public Transportation Asso- ed as often as necessary to maintain it in a ciation (APTA) standard referenced in safe and suitable condition for service but § 238.311(a) of this chapter. Piston travel of not less frequently than as required in brake cylinders must be adjusted if required, Standard S–045 in the Manual of Standards to the standard travel for that type of brake and Recommended Practices of the AAR. cylinder. After piston travel has been ad- (3) Copies of the materials referred to in justed and with brakes released, sufficient this section can be obtained from the Asso- brake shoe clearance must be provided. ciation of American Railroads, 1920 L Street, NW., Washington, DC 20036. * * * * * § 232.19 through § 232.25 Provisions related to (b) * * * end-of-train devices. (3) Copies of the materials referred to in Not included in this Appendix as they are this section may be obtained from the Fed- contained in Subpart E of this rule. eral Railroad Administration, Office of Safe- ty, RRS–14, 1120 Vermont Avenue, NW., Stop II. CLARIFICATION EFFECTIVE APRIL 10, 2002. 25, Washington DC 20590. This subdivision II contains the following [69 FR 29666, May 25, 2004, as amended at 67 clarifications of 49 CFR part 232 as it read FR 17584, Apr. 10, 2002] before May 31, 2001. Section 232.13(d)(2)(i) is amended to correct a typographical error made in 1986. See 33 FR 19679, 51 FR 17303. PART 233—SIGNAL SYSTEMS Section 232.17(a)(2)(iii) is amended to clarify REPORTING REQUIREMENTS that the single car test required to be per- formed pursuant to this paragraph may be Sec. conducted in accordance with the applicable 233.1 Scope. AAR Code of Tests or the American Public 233.3 Application. Transportation Association standard ref- 233.5 Accidents resulting from signal fail- erenced in 49 CFR 238.311(a). Section ure. 232.17(b)(3) is amended by inserting FRA’s 233.7 Signal failure reports. current address as the location where the 233.9 Reports. standards and procedures referenced in 233.11 Civil penalties. § 232.17 can be obtained. 233.13 Criminal penalty. § 232.13 Road train and intermediate terminal APPENDIX A TO PART 233—SCHEDULE OF CIVIL train air brake tests. PENALTIES AUTHORITY: 49 U.S.C. 20103, 20107; 28 U.S.C. * * * * * 2461, note; and 49 CFR 1.49. (d) * * * SOURCE: 49 FR 3379, Jan. 26, 1984, unless (2)(i) At a terminal where a solid block of otherwise noted. cars, which has been previously charged and tested as prescribed by § 232.12 (c) through (j), § 233.1 Scope. is added to a train, it must be determined This part prescribed reporting re- that the brakes on the rear car of the train apply and release. As an alternative to the quirements with respect to methods of rear car application and release test, it shall train operation, block signal systems, be determined that brake pipe pressure of interlockings, traffic control systems, the train is being reduced as indicated by a automatic train stop, train control, rear car gauge or device and then that brake and cab signal systems, or other simi- pipe pressure of the train is being restored as lar appliances, methods, and systems. indicated by a rear car gauge or device. § 233.3 Application. * * * * * (a) Except as provided in paragraph § 232.17 Freight and passenger train car (b) of this section, this part applies to brakes. railroads that operate on standard gage track which is part of the general rail- (a) * * * (2) * * * road system of transportation. (iii) When a car equipped for use in pas- (b) This part does not apply to rail senger train service not due for periodical air rapid transit operations conducted over brake repairs, as indicated by stenciled or re- track that is used exclusively for that

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