for one-way and two-way EOT telemetry devices, which, at a minimum,
have the capability of determining rear-of-train brake pipe pressure
and of transmitting this information by radio to a receiving unit in
the controlling locomotive. Most EOT units in service are battery
operated and also incorporate a rear end marker required under 49 CFR
part 221. Optional features include transmission of information
regarding rear end motion and battery status. Most units operate on the
same ultra high frequency (UHF), but each rear unit has a discrete
identification code which must be recognized by the HEU before the
message is acknowledged. The more modern two-way EOT device, in
addition to the features of the one-way EOT device, has the ability of
activating the emergency air valve at the rear of the train upon
receiving an emergency brake application command from the HEU. This is
a desirable feature in event of a blockage in the brake pipe that would
prevent the pneumatic transmission of the emergency brake application
throughout the entire train.
    Provisions governing the use of one-way EOT telemetry devices were
initially incorporated into the power brake regulations in 1986.
Pursuant to the Rail Safety Enforcement and Review Act, Public Law 102-
365 (Sept. 3, 1992), which amends the Federal Rail Safety Act (FRSA) of
1970 (45 U.S.C. 421, 431 et seq.), FRA held rulemakings to amend the
power brake regulations, including those concerning one-way and two-way
EOTs. 62 FR 278 (Jan. 2, 1997); 66 FR 4104 (Jan. 17, 2001). The
resulting regulations, contained in subpart E of part 232, specify the
requirements related to the performance, operation, and testing of EOT
devices for conventional pneumatic braking.
    The new ECP-EOT devices--which must comply with AAR standards such
as S-4200 and S-4220--will provide many of the same functions that
conventional two-way EOT devices use on trains with conventional
pneumatic brakes. In addition to serving as the final node on the ECP
brake system's train line cable termination circuit and as the system's
``heart beat'' monitoring and confirming train, brake pipe, power
supply line, and digital communications cable continuity, the ECP-EOT
device transmits to the HEU a status message that includes the brake
pipe pressure, the train line cable's voltage, and the ECP-EOT device's
battery power level. Since the ECP-EOT device--unlike a conventional
EOT device--will communicate with the HEU exclusively through the
digital communications cable and not via a radio signal, it does not
need to perform the function of venting the brake pipe to atmospheric
pressure to engage an emergency brake application. However, ECP-EOT
devices do verify the integrity of the train line cable and provide a
means of monitoring the brake pipe pressure and gradient, providing the
basis for an automatic- rather than engineer-commanded-response if the
system is not adequately charged. In the case of ECP brakes, the brake
pipe becomes a redundant- rather than primary-path for sending
emergency brake application commands. Under certain communication break
downs between the ECP-EOT device, the HEU, and any number of CCDs, the
system will self-initiate an emergency brake application.
    FRA acknowledges that ECP-EOT devices, with their additional and
changed features, may not comply with the rules under subpart E.
Accordingly, paragraph (d) excepts trains operating in ECP brake mode
from having to comply with subpart E of part 232 and the remainder of
section 232.613 provides alternative requirements. Paragraph (a)
provides for the minimum requirements under which an ECP-EOT device
must operate. Paragraph (b) requires that each ECP brake operated
includes a properly connected ECP-EOT device that

comports with the requirements under paragraph (a).
    AAR and NS noted that, similarly to trains operating with
conventional air brake systems, a train operated with ECP brakes may
include a locomotive as the train's rear vehicle performing the same
function as an EOT device. According to AAR, a locomotive at the rear
of a train can perform all the functions performed by an EOT device.
BLET concurs with AAR and NS and proposes that Sec.  232.613(c) be
redrafted to permit the use of a locomotive in lieu of an ECP-EOT
device. FRA agrees because a locomotive equipped with ECP brakes
functions the same as an ECP-EOT device. They both provide the same
feedback loop between the HEU and end of the train. Accordingly,
paragraph (c) provides for a locomotive equipped with ECP brakes to be
used in lieu of an ECP-EOT device in a train operated with ECP brakes.
    NYAB and Wabtec state that a conventional EOT unit is subject to
annual calibration to address issues relating to its radio and BP
pressure transducer. However, since an ECP-EOT device does not require
a radio and the ECP brake system continuously monitors the brake pipe
pressure transducer, the brake manufacturers contend, it does not
require annual calibration.
    FRA agrees with the brake manufacturers' comments regarding annual
ECP-EOT device calibration. Unlike conventional EOT units, ECP-EOT
devices do not require radios. Annual calibration of the brake pipe
pressure transducer is not necessary in light of the ECP brake system's
brake pipe pressure readings at each individual ECP brake operated car
and ability to confirm train line integrity. Accordingly, the final
rule does not require annual calibration and testing.

XII. Regulatory Impact and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This final rule has been evaluated in accordance with existing
policies and procedures, and determined to be significant under both
Executive Order 12866 and DOT policies and procedures (44 FR 11034;
Feb. 26, 1979). FRA has prepared and placed in Docket No. FRA-2006-
26175 a Regulatory Analysis addressing the economic impact of this
final rule. Document inspection and copying facilities are available at
the DOT Central Docket Management Facility located in Room W12-140 on
the Ground level of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC 20590. Access to the docket may also be obtained
electronically through the Federal eRulemaking Portal at http://
www.regulations.gov. Photocopies may also be obtained by submitting a
written request to the FRA Docket Clerk at Office of Chief Counsel,
Stop 10, Federal Railroad Administration, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
    For purposes of analysis, FRA has assumed that this final rule will
support business decisions by Class I railroads to convert unit train
service, such as coal and intermodal, to ECP brake operations over a
10-year period. This type of service is characterized by intensive
utilization of assets and is reasonably discrete in terms of
operational requirements. Although carload service is dispersed over
the national rail network, unit train service tends to be concentrated
in certain corridors. Locomotives are or could be dedicated to this
service (e.g., as in the extensive use of high traction alternating
current (AC) locomotives in coal service). FRA believes that, as costs
and benefits are validated and the technology's market enjoys economies
of scale, additional markets will benefit from ECP brake technology.
    The benefits of voluntarily implementing and using ECP brakes under
this rule substantially exceed the costs. If the industry were to
implement ECP brakes to the extent estimated in this final rule, it
would cost it approximately $1.7 billion (discounted at 7%). The
largest portion of these voluntary costs, $1.2 billion, would be the
cost to convert freight cars to ECP brakes and the remaining costs
relate to locomotive conversion and training. The total benefits of the
final rule would total approximately $9.7 billion (discounted at 7%),
if ECP brakes are adopted as estimated. Of those benefits, the $1
billion in regulatory relief and the $1.2 billion in fuel savings
together exceed the costs. The remaining benefits include accident risk
reduction, environmental cleanup savings, track out-of-service time
reduction, wheel replacement savings, and network velocity
improvements. The expected benefits of ECP braking technology appear to
justify the investment, provided that the conversion is focused first
on the high-mileage, unit and unit-like train services that would most
benefit from its use.
    As presented in the following tables, FRA estimates that the
present value (PV), discounted at 7 percent of the total 20-year
benefits and costs which the industry would be expected to incur if it
elected to comply with the alternative requirements contained in this
rule is $9.7 billion and $1.7 billion, respectively:

                                 Total 20-Year Benefits and Discounted Benefits
                                                 [At 3% and 7%]
----------------------------------------------------------------------------------------------------------------
                                                                Benefits         3% Discount       7% Discount
----------------------------------------------------------------------------------------------------------------
Highway-Rail Accident Risk Reduction......................       $25,802,114       $17,897,484       $11,513,191
Rail Equipment Accident Risk Reduction....................       286,687,494       198,859,081       127,923,151
Environmental Cleanup Savings.............................       113,296,427        78,587,395        50,554,127
Track Out-of-Service Time for Accidents...................    10,825,104,763     7,508,769,780     4,830,282,231
Regulatory Relief.........................................     2,283,662,829     1,586,425,219     1,022,855,259
Fuel Savings..............................................     2,745,000,000     1,904,052,986     1,224,849,552
Wheel Replacement Savings.................................     1,601,250,000     1,110,697,575       714,495,572
Network Velocity Improvement of 1 mph.....................     2,500,000,000     2,101,494,145     1,698,459,555
                                                           -----------------------------------------------------
    Total Benefits........................................    20,380,803,627    14,506,783,665     9,680,932,638
----------------------------------------------------------------------------------------------------------------

                                    Total 20-Year Costs and Discounted Costs
                                                 [at 3% and 7%]
----------------------------------------------------------------------------------------------------------------
                                                                  Costs          3% Discount       7% Discount
----------------------------------------------------------------------------------------------------------------
Freight Car Costs.........................................    $1,746,326,400    $1,467,957,882    $1,186,425,904
Locomotive Costs..........................................       582,624,000       489,752,370       395,825,320
Employee Training.........................................       231,470,835       165,421,968       111,016,540
                                                           -----------------------------------------------------
    Total Costs...........................................     2,560,421,235     2,123,132,221     1,693,267,763
----------------------------------------------------------------------------------------------------------------

B. Regulatory Flexibility Act and Executive Order 13272

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) and Executive
Order 13272 require a review of proposed and final rules to assess
their impact on small entities. FRA has prepared and placed in Docket
No. FRA-2006-26175 an Analysis of Impact on Small Entities (AISE) that
assesses the small entity impact of this rule. Document inspection and
copying facilities are available at the Department of Transportation
Central Docket Management Facility located in Room W12-140 on the
Ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590. Docket material is also available on the Federal
eRulemaking Portal at http://www.regulations.gov. Photocopies may also
be obtained by submitting a written request to the FRA Docket Clerk at
Office of Chief Counsel, Stop 10, Federal Railroad Administration, 1200
New Jersey Avenue, SE., Washington, DC 20590.
    ``Small entity'' is defined in 5 U.S.C. 601 as a small business
concern that is independently owned and operated, and is not dominant
in its field of operation. The U.S. Small Business Administration (SBA)
has authority to regulate issues related to small businesses, and
stipulates in its size standards that a ``small entity'' in the
railroad industry is a railroad business ``line-haul operation'' that
has fewer than 1,500 employees and a ``switching and terminal''
establishment with fewer than 500 employees. SBA's ``size standards''
may be altered by Federal agencies, in consultation with SBA and in
conjunction with public comment.
    Pursuant to that authority FRA has published a final statement of
agency policy that formally establishes ``small entities'' as being
railroads that meet the line-haulage revenue requirements of a Class
III railroad. See 68 FR 24891 (May 9, 2003). Currently, the revenue
requirements are $20 million or less in annual operating revenue. The
$20 million limit is based on the Surface Transportation Board's
threshold of a Class III railroad carrier, which is adjusted by
applying the railroad revenue deflator adjustment (49 CFR part 1201).
The same dollar limit on revenues is established to determine whether a
railroad, shipper, or contractor is a small entity. FRA uses this
alternative definition of ``small entity'' for this rulemaking.
    For this rulemaking, there are approximately 523 small railroads
that could potentially receive regulatory relief. However, railroads
are not mandated to convert to ECP brake technology. Regulatory relief
provides an incentive for most long-haul services to convert. Smaller
railroads do not operate over 1,000 miles or 1,500 miles and would not
benefit economically by converting to this technology. Hence, FRA does
not expect this regulation to impact any small railroads.
    The small entity segment of the railroad industry faces little in
the way of intramodal competition. Small railroads generally serve as
``feeders'' to the larger railroads, collecting carloads in smaller
numbers and at lower densities than would be economical for the larger
railroads. Smaller railroads that carry unit and unit-like commodities
often operate the train with the locomotives and cars without ownership
of the equipment. They transport those cars over relatively short
distances and then turn them over to the larger systems, which
transport them relatively long distances to their ultimate destination,
or for handoff back to a smaller railroad for final delivery. Although
there are situations in which the relative interests of large and small
railroads may not always coincide, the relationships between the large
and small entity segments of the railroad industry are more supportive
and co-dependent than competitive.
    It is also extremely rare for small railroads to compete with each
other. As mentioned above, small railroads generally serve smaller,
lower density markets and customers. They exist, and often thrive,
doing business in markets where there is not enough traffic to attract
the larger carriers that are designed to handle large volumes over
distance at a profit. As there is usually not enough traffic to attract
service by a large carrier, there is also not enough traffic to sustain
more than one smaller carrier. There are also significant barriers to
entry in the railroad industry, including the need to own rights-of-
way, build track, purchase fleets. Thus, even to the extent that the
rule may have an economic impact, it should have no impact on the
intramodal competitive position of small railroads.
    The AISE developed in connection with this final rule concludes
that this final rule will only likely impact four Class I railroads
that voluntarily choose to implement ECP brakes in their operations and
therefore should not have any economic impact on small entities.
Smaller railroads that carry unit and unit-like commodities often
operate and transport trains owned by other parties over relatively
short distances and turn them over to larger systems that, in turn,
transport those trains relatively long distances to their ultimate
destination or to another small railroad for final delivery. FRA
recognizes that small entities may, in some cases, be involved in
specific route segments for trains that originate or terminate on a
Class I railroad. In these cases, the cars involved are more likely to
be owned or provided by shippers or a Class I railroad. Mutual support
arrangements and shared power practices are likely to ensure that the
smaller railroad will not require trains equipped with ECP brakes for
this service. Further, FRA anticipates that train operations using ECP
brakes will be limited to long hauls of commodities such as intermodal,
coal, ore, non-metallic minerals, motor vehicle parts, and grain for
many years. Since small railroads do not handle such commodities, they
will not likely receive large blocks of cars equipped with ECP brakes
from Class I railroads.
    Since FRA does not expect small railroads to convert to ECP brake
technology within the period of the analysis, this final rule is not
anticipated to affect any small entities. Thus, FRA certifies that this
final rule is not expected to have a significant economic impact on a
substantial number of small entities under the

Regulatory Flexibility Act or Executive Order 13272.

C. Paperwork Reduction Act

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

----------------------------------------------------------------------------------------------------------------
                                      Respondent         Total annual      Average time per      Total annual
           CFR section                 universe            responses           response          burden hours
----------------------------------------------------------------------------------------------------------------
229.27--Annual tests............  30,000 locomotives  30,000 tests......  15 minutes........  7,500 hours.
232.3--Applicability--Export,     559 railroads.....  8 cards...........  10 minutes........  1 hour.
 industrial, & other cars not
 owned by railroads-
 identification.
232.7--Waivers..................  559 railroads.....  20 petitions......  40 hours..........  800 hours.
232.11--Penalties--Knowingly      559 railroads.....  1 falsified recd/   10 minutes........  .17 hour.
 falsifying a record/report.                           rpt.
232.15--Movement of Defective
 Equipment:
    --Tags......................  1,620,000 cars....  128,400 tags......  2.5 minutes.......  5,350 hours.
    --Written Notification......  1,620,000 cars....  25,000 notices....  3 minutes.........  1,250 hours.
232.17--Special Approval
 Procedure:
    --Petitions for special       559 railroads.....  4 petitions.......  100 hours.........  400 hours.
     approval of safety-critical
     revision.
    --Petitions for special       559 railroads.....  2 petitions.......  100 hours.........  200 hours.
     approval of pre-revenue
     service acceptance plan.
    --Service of petitions......  559 railroads.....  4 petitions.......  40 hours..........  160 hours.
    --Statement of interest.....  Public/railroads..  14 statements.....  8 hours...........  112 hours.
    --Comment...................  Public/railroads..  13 comments.......  4 hours...........  52 hours.
232.103--Gen'l requirements--all  114,000 cars......  70,000 stickers...  10 minutes........  11,667 hours.
 train brake systems.
232.105--Gen'l requirements for   30,000 locomotives  30,000 forms......  5 minutes.........  2,500 hours.
 locomotives--Inspection.
232.107--Air source requirements  10 new railroads..  1 plan............  40 hours..........  40 hours.
 and cold weather operations--
 Monitoring Plan (Subsequent
 Years).
    --Amendments to Plan........  50 railroads/plans  10 amendments.....  20 hours..........  200 hours.
    --Recordkeeping.............  50 railroads/plans  1,150 records.....  20 hours..........  23,000 hours.
232.109--Dynamic brake            559 railroads.....  1,656,000 records.  4 minutes.........  110,400 hours.
 requirements--status.
    --Inoperative dynamic brakes  30,000 locomotives  6,358 records.....  4 minutes.........  424 hours.
    --Tag bearing words           30,000 locomotives  6,358 tags........  30 seconds........  53 hours.
     ``inoperative dynamic
     brakes''.
    --Deactivated dynamic brakes  8,000 locomotives.  10 stencilings....  5 minutes.........  1 hour.
     (Sub. Yrs.).
    --Operating rules             5 new railroads...  5 op. rules.......  4 hours...........  20 hours.
     (Subsequent Years).
    --Amendments................  559 railroads.....  15 amendments.....  1 hour............  15 hours.
    --Requests to increase 5 mph  559 railroads.....  5 requests........  30 min/20 hrs.....  103 hours.
     overspeed restriction.
    --Knowledge criteria--        5 new railroads...  5 amendments......  16 hours..........  80 hours.
     locomotive engineers--Sub
     Yrs.
232.111--Train information        5 new railroads...  5 procedures......  40 hours..........  200 hours.
 handling.
    --Sub. Yrs.--Amendments.....  100 railroads.....  100 amendments....  20 hours..........  2,000 hours.
    --Report requirements to      559 railroads.....  2,112,000 reports.  10 minutes........  352,000 hours.
     train crew.
232.203--Training requirements--
 Tr. Prog.:
    --Sub Yr....................  15 railroads......  5 programs........  100 hours.........  500 hours.
    --Amendments to written       559 railroads.....  559 amendments....  8 hours...........  4,472 hours.
     program.
    --Training records..........  559 railroads.....  67,000 records....  8 minutes.........  8,933 hours.
    --Training notifications....  559 railroads.....  67,000 notific....  3 minutes.........  3,350 hours.
    --Audit program.............  559 railroads.....  1 plan/559 cop....  40 hours/1 min....  49 hours.
    --Amendments to validation/   559 railroads.....  50 amendments.....  20 hours..........  1,000 hours.
     assessment program.
232.205--Class 1 brake test--     559 railroads.....  1,646,000 records.  45 seconds........  20,575 hours.
 Notifications/Records.
232.207--Class 1A brake tests--   559 railroads.....  5 des. Lists......  1 hour............  5 hours.
 Subsequent Years.
    --Notification..............  559 railroads.....  5 amendments......  1 hour............  5 hours.
232.209--Class II brake tests--   559 railroads.....  1,597,400 commun..  3 seconds.........  1,331 hours.
 intermediate inspection.
232.213--Extended haul trains...  83,000 long dist.   100 letters.......  15 minutes........  25 hours.
                                   movements.
    --Record of all defective/    N/A...............  N/A...............  N/A...............  N/A.
     inoperative brakes.
232.303--Gen'l requirements--     1,600,000 frgt.     5,600 tags........  5 minutes.........  467 hours.
 single car test.                  cars.

    --Last repair track brake     1,600,000 frgt.     320,000 stncl.....  5 minutes.........  26,667 hours.
     test/single car test.         cars.
232.305--Single Car tests.......  1,600,000 frgt.     320,00 tests/       45 minutes........  240,000 hours.
                                   cars.               records.
232.307--Modification of Single   AAR...............  1 req. + 3 copies.  4 hrs. + 5 min....  4 hours.
 Car Air Brake Test Procedures
 (Old Rqmnt)--Req.
    --Affirmation Statement on    AAR...............  1 statement + 4     30 min. + 5 min...  1 hour.
     Mod. Req. to Employee                             copies.
     Representatives.
    --Comments on Modification    Public/Int.         2 comments........  60 minutes........  2 hours.
     Request.                      Parties.
232.309--Repair track brake test  640 shops.........  5,000 tests.......  30 minutes........  2,500 hours.
232.403--Unique Code............  245 railroads.....  12 requests.......  5 minutes.........  1 hour.
232.407--Operations requiring 2-  245 railroads.....  50,000 comm.......  30 seconds........  417 hours.
 way EOTs.
232.409--Insp. and Testing of     245 railroads.....  447,500 comm......  30 seconds........  3,729 hours.
 EOTs.
    --Telemetry Equipment--       245 railroads.....  32,708 mar. units.  1 minute..........  545 hours.
     Testing and Calibration.
232.503--Process to introduce     559 railroads.....  1 letter..........  1 hour............  1 hour.
 new brake technology.
    --Special approval..........  559 railroads.....  1 request.........  3 hours...........  3 hours.
232.505--Pre-revenue svc accept.  559 railroads.....  1 procedure.......  160 hours.........  160 hours.
 test plan--Sub Yr.
    --Amendments................  559 railroads.....  1 procedure.......  40 hours..........  40 hours.
    --Design description........  559 railroads.....  1 petition........  67 hours..........  67 hours.
    --Report to FRA Assoc.        559 railroads.....  1 report..........  13 hours..........  13 hours.
     Admin. for Safety.
    --Brake system technology     559 railroads.....  5 descriptions....  40 hours..........  200 hours.
     testing.
232.603--Configuration
 Management--New Requirements.
    --Configuration Management    4 railroads.......  1 plan............  160 hours.........  160 hours.
     Plan Submitted to FRA.
    --Subsequent Years..........  4 railroads.......  1 plan............  60 hours..........  60 hours.
    --Modification of Standards.  4 railroads.......  1 request + 2       8 hours + 5 min...  8 hours.
                                                       copies.
    --Affirmative statement +     4 railroads.......  4 statements + 24   1 hour + 5 min....  6 hours.
     statement copies re:                              copies.
     modification request.
    --Comments on requested       Public/Int.         4 comments........  2 hours...........  8 hours.
     modification.                 Parties.
232.605--ECP Brakes: Training--   4 railroads.......  4 programs........  100 hours.........  400 hours.
 New Requirements.
    --Adopt/Developing an ECP     4 railroads.......  2 programs........  100 hours.........  200 hours.
     Training Prog.--Yr. One.
    --Subsequent Years..........
    --ECP Brakes Training of      4 railroads.......  6,409 tr. Empl....  8 hrs/24 hrs......  105,512 hours.
     Employees--Yr. One.
    --ECP Brakes Training of      4 railroads.......  6,409 tr. Empl....  1 hour/8 hours....  30,264 hours.
     Employees--Sub. Yrs.
    --ECP Training Records--Yr.   4 railroads.......  6,409 records.....  8 minutes.........  855 hours.
     One.
    --ECP Training Records--      4 railroads.......  6,409 records.....  4 minutes.........  428 hours.
     Subsequent Years.
    --Assessment of ECP Training  4 railroads.......  4 plans...........  40 hours..........  160 hours.
     Plan.
    --Adopt Operating Rules for   4 railroads.......  4 Op. Rules.......  24 hours..........  96 hours.
     ECP Brakes.
    --Loco. Engineers--ECP        4 railroads.......  4 amended Programs  40 hours..........  160 hours.
     Brakes Systems: Criteria
     For Certification.
232.607--ECP Inspection and
 Testing--New Requirements:
    --Initial Terminal--          4 railroads.......  10,000 insp. +      90 min. + 45 sec..  15,125 hours.
     Inspections and                                   10,000 notific.
     Notification of Class I
     Brake Tests.
    --Cars added or removed en    4 railroads.......  1,000 insp. + 500   60 min. + 45 sec..  1,006 hours.
     route--Class I Br. Test.                          notific.
    --Non-ECP cars added to ECP   200 Cars..........  200 insp. + 400     5 min. + 2.5 min..  34 hours.
     Trains--Inspections and                           tags/rcds.
     Tags for Defective Cars.
232.609--Handling of Defective
 Equipment with ECP Brake
 Systems--New Requirements:
    --Freight Car w/defective     25 Cars...........  50 tags...........  2.5 minutes.......  2 hours.
     conventional brakes moved
     in train operating in ECP
     brake mode.
    --Inspections/Tagging for     20 Cars...........  20 Insp. + 40 tags/ 5 min. + 2.5 min..  3 hours.
     ECP Train moving w/less                           records.
     than 85 percent operative/
     effective brakes.

232.609--Freight Car with ECP     75 Cars...........  150 tags..........  2.5 minutes.......  6 hours.
 brake system found with
 defective non-brake safety
 appliance--Tagging.
    --Conventional Train with     500 Cars..........  1,000 tags........  2.5 minutes.......  42 hours.
     stand-alone ECP brake
     equipped cars--Tagging.
    --Procedures for handling     4 railroads.......  4 procedures......  24 hours..........  96 hours.
     ECP brake system repairs
     and designation of repair
     locations.
    --List of repair locations..  4 railroads.......  4 lists...........  8 hours...........  32 hours.
    --Notification to FRA Safety  4 railroads.......  1 notification....  1 hour............  1 hour.
     Administrator regarding
     change to repair location
     list.
232.611--Periodic Maintenance--
 New Requirements:
    --Inspections before being    500 fr. Cars......  500 insp. &         10 minutes........  83 hours.
     released from repair Shop.                        records.
    --Procedures for ECP Single   1 Railroad Rep....  1 procedure + 2     24 hours + 5 min..  24 hours.
     Car Tests.                                        copies.
     --Single Car Air Brake       2,500 fr. Cars....  2,500 tests/rcd...  45 minutes........  1,875 hours.
     Tests--Records.
    --Modification of Single Car  1 Railroad Rep....  1 mod. Proc.......  40 hours..........  40 hours.
     Test Standards.
----------------------------------------------------------------------------------------------------------------

    All estimates include the time for reviewing instructions;
searching existing data sources; gathering or maintaining the needed
data; and reviewing the information. For information or a copy of the
paperwork package submitted to OMB, contact Mr. Robert Brogan,
Information Clearance Officer, at<PHONE_NUMBER>, or contact Ms. Nakia
Jackson at<PHONE_NUMBER>; or via e-mail at<EMAIL_ADDRESS>or
<EMAIL_ADDRESS>    OMB is required to make a decision concerning the collection of
information requirements contained in this final rule between 30 and 60
days after publication of this document in the Federal Register.
Therefore, a comment to OMB is best assured of having its full effect
if OMB receives it within 30 days of publication. Comments to OMB may
be sent by mail to: The Office of Management and Budget, 725 17th St.,
NW., Washington, DC 20503, attn: FRA Desk Officer. Comments may also be
sent to OMB at the following address<EMAIL_ADDRESS>    FRA is not authorized to impose a penalty on persons for violating
information collection requirements which do not display a current OMB
control number, if required. FRA intends to obtain current OMB control
numbers for any new information collection requirements resulting from
this rulemaking action prior to the effective date of this final rule.
The OMB control number, when assigned, will be announced by separate
notice in the Federal Register.

D. Federalism Implications

    Executive Order 13132, ``Federalism'' (64 FR 43255, Aug. 10, 1999),
requires FRA to develop an accountable process to ensure ``meaningful
and timely input by State and local officials in the development of
regulatory policies that have federalism implications.'' ``Policies
that have federalism implications'' are defined in the Executive Order
to include regulations that have ``substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government.'' Under Executive Order 13132, the agency
may not issue a regulation with Federalism implications that imposes
substantial direct compliance costs and that is not required by
statute, unless the Federal government provides the funds necessary to
pay the direct compliance costs incurred by State and local
governments, or the agency consults with State and local government
officials early in the process of developing the proposed regulation.
Where a regulation has Federalism implications and preempts State law,
the agency seeks to consult with State and local officials in the
process of developing the regulation.
    In the NPRM, FRA stated that this proposed rule has preemptive
effect. Subject to a limited exception for essentially local safety or
security hazards, FRA stated that its requirements will establish a
uniform Federal safety standard that must be met, and state
requirements covering the same subject are displaced, whether those
standards are in the form of state statutes, regulations, local
ordinances, or other forms of state law, including state common law.
Section 20106 of Title 49 of the United States Code, FRA said, provides
that all regulations prescribed by the Secretary related to railroad
safety preempt any State law, regulation, or order covering the same
subject matter, except a provision necessary to eliminate or reduce an
essentially local safety hazard that is not incompatible with a Federal
law, regulation, or order and that does not unreasonably burden
interstate commerce. This is consistent with past practice at FRA and
within the Department of Transportation. In particular, the notice of
proposed rulemaking did not change the preemption provision of part
232; this final rule amends the preemption provision, Sec.  232.13, to
conform to the recent clarifying amendments to 49 U.S.C. 20106.
    AAJ filed comments expressing its belief that FRA should revise the
``Federalism Implications'' section of the preamble to reflect
Congress's intention that federal rail safety regulations do not
preempt an individual's right to pursue a state tort law claim against
a railroad company. According to AAJ, section 1528 of the
``Implementing Recommendation of the 9/11 Commission Act of 2007'' (the
9/11 Act) clarifies that 49 U.S.C. 20106 does not preempt State law
causes of action. AAR disagrees, stating that, by its plain language,
section 1528 ``is intended solely to reject a preemption

defense where the defendant has violated the federal standard of care
embodied in a federal regulation or a plan created pursuant to a
federal regulation.'' According to AAR, section 1528 does not eliminate
preemption of common law claims, but reaffirms that state law is
preempted whenever the Secretaries of Transportation and Homeland
Security issue a regulation or order covering the applicable subject
matter, unless the local safety or security hazard exception applies.
    Normal State negligence standards apply where there is no Federal
action covering the subject matter. In Section 1528 of Public Law 110-
53, Congress clarified the availability of State law causes of action
under section 20106 where there is Federal action covering the subject
matter. As amended, 49 U.S.C. 20106 provides that issuance of these
regulations preempts any State law, regulation, or order covering the
same subject matter, except an additional or more stringent law,
regulation, or order that is necessary to eliminate or reduce an
essentially local railroad safety or railroad security hazard; that is
not incompatible with a law, regulation, or order of the United States
Government; and that does not unreasonably burden interstate commerce.
Section 20106 permits State tort actions arising from events or
activities occurring on or after January 18, 2002, for the following:
(a) A violation of the Federal standard of care established by
regulation or order issued by the Secretary of Transportation (with
respect to railroad safety, such as these regulations) or the Secretary
of Homeland Security (with respect to railroad security); (b) a party's
violation of, or failure to comply with, its own plan, rule, or
standard that it created pursuant to a regulation or order issued by
either of the two Secretaries; and (c) a party's violation of a State
standard that is necessary to eliminate or reduce an essentially local
safety or security hazard, is not incompatible with a law, regulation,
or order of the United States Government, and does not unreasonably
burden interstate commerce. Nothing in Section 20106 creates a Federal
cause of action on behalf of an injured party or confers Federal
question jurisdiction for such State law causes of action.
    While this recent amendment has altered the preemptive reach of
Section 20106, it is important to note that there are limits to this
exception allowing state tort actions under this statute. For example,
Congress provided an exception only for an action in State court
seeking damages for personal injury, death, or property damage. The
statute does not provide for the recovery of punitive damages in the
permitted common law tort actions. In addition, the statute permits
actions for violation of an internal plan, rule, or standard only when
such internal plan, rule, or standard is created pursuant to a Federal
regulation or order issued by DOT or DHS. While parties are encouraged
to go beyond the minimum regulatory standard in establishing internal
safety and security standards, such standards that exceed the
requirements of Federal regulation or order are not created pursuant to
Federal regulation or order. Accordingly, there is no clear
authorization of a common law tort action alleging a violation of those
aspects of such an internal plan, rule, or standard related to the
subject matter of this regulation that exceed the minimum required by
the Federal regulation or order.
    FRA has analyzed this final rule in accordance with the principles
and criteria contained in Executive Order 13132. This final rule will
not have a substantial effect on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among various levels of government. FRA
concludes that this final rule will not impose any direct compliance
costs on State and local governments and has no federalism
implications, other than the preemption of state laws covering the
subject matter of this final rule, which occurs by operation of law
under 49 U.S.C. 20106 whenever FRA issues a rule or order. Elements of
the final rule dealing with safety appliances affect an area of safety
that has been pervasively regulated at the Federal level for over a
century. Accordingly, the final rule amendments in that area will
involve no impacts on Federal relationships.

E. Environmental Impact

    FRA has evaluated this final rule in accordance with its
``Procedures for Considering Environmental Impacts'' (FRA's Procedures)
(64 FR 28545, May 26, 1999) as required by the National Environmental
Policy Act (42 U.S.C. 4321 et seq.), other environmental statutes,
Executive Orders, and related regulatory requirements. FRA has
determined that this final rule is not a major FRA action (requiring
the preparation of an environmental impact statement or environmental
assessment) because it is categorically excluded from detailed
environmental review pursuant to section 4(c)(20) of FRA's Procedures.
See 64 FR 28547, May 26, 1999. Section 4(c)(20) reads as follows: (c)
Actions categorically excluded. Certain classes of FRA actions have
been determined to be categorically excluded from the requirements of
these Procedures as they do not individually or cumulatively have a
significant effect on the human environment. * * * The following
classes of FRA actions are categorically excluded: * * * (20)
Promulgation of railroad safety rules and policy statements that do not
result in significantly increased emissions or air or water pollutants
or noise or increased traffic congestion in any mode of transportation.
    In accordance with section 4(c) and (e) of FRA's Procedures, the
agency has further concluded that no extraordinary circumstances exist
with respect to this regulation that might trigger the need for a more
detailed environmental review. As a result, FRA finds that this final
rule is not a major Federal action significantly affecting the quality
of the human environment.

F. Unfunded Mandates Reform Act of 1995

    Pursuant to Section 201 of the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4, 2 U.S.C. 1531), each Federal agency ``shall, unless
otherwise prohibited by law, assess the effects of Federal regulatory
actions on State, local, and tribal governments, and the private sector
(other than to the extent that such regulations incorporate
requirements specifically set forth in law).'' Section 202 of the Act
(2 U.S.C. 1532) further requires that ``before promulgating any general
notice of proposed rulemaking that is likely to result in the
promulgation of any rule that includes any Federal mandate that may
result in expenditure by State, local, and tribal governments, in the
aggregate, or by the private sector, of $132,000,000 or more in any 1
year, and before promulgating any final rule for which a general notice
of proposed rulemaking was published, the agency shall prepare a
written statement'' detailing the effect on State, local, and tribal
governments and the private sector. This final rule may result in the
expenditure, in the aggregate, of $132,000,000 or more in any one year.
However, those expenses are not mandated and would only be incurred by
the private sector if it wishes to take advantage of the regulatory
relief provided by this final rule. Although the preparation of such a
statement is not required, the analytical requirements under Executive
Order 12866 are similar to the analytical requirements under the
Unfunded Mandates Reform Act of 1995 and, thus, the same analysis
complies with both analytical requirements.

G. Energy Impact

    Executive Order 13211 requires Federal agencies to prepare a
Statement of Energy Effects for any ``significant energy action.'' 66
FR 28355 ( May 22, 2001). Under the Executive Order, a ``significant
energy action'' is defined as any action by an agency (normally
published in the Federal Register) that promulgates or is expected to
lead to the promulgation of a final rule or regulation, including
notices of inquiry, advance notices of proposed rulemaking, and notices
of proposed rulemaking: (1)(i) That is a significant regulatory action
under Executive Order 12866 or any successor order, and (ii) is likely
to have a significant adverse effect on the supply, distribution, or
use of energy; or (2) that is designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. FRA has evaluated this final rule in accordance with Executive
Order 13211. FRA has determined that this final rule is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. Consequently, FRA has determined that this regulatory action
is not a ``significant energy action'' within the meaning of Executive
Order 13211.

List of Subjects in 49 CFR Part 232

    Electronically controlled pneumatic brakes, Incorporation by
reference, Penalties, Railroad power brakes, Railroad safety, Two-way
end-of-train devices.

The Rule

0
In consideration of the foregoing, FRA amends chapter II, subtitle B of
title 49, Code of Federal Regulations as follows:

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

0
1. The authority citation for Part 232 continues to read as follows:

    Authority: 49 U.S.C. 20102-20103, 20107, 20133, 20141, 20301-
20303, 20306, 21301-21302, 21304; 28 U.S.C. 2461, note; and 49 CFR
1.49.

0
2. Section 232.5 is amended by adding definitions car control device
(CCD), dual mode ECP brake system, ECP, ECP brake mode, ECP brake
system, ECP-EOT device, emulator CCD, overlay ECP brake system, stand-
alone CCD, stand-alone ECP brake system, switch mode, and train line
cable; by revising the definition train, unit or train, cycle and
adding the definition yard limits as follows in alphabetical order:

Sec.  232.5  Definitions.

* * * * *
    Car control device (CCD) means an electronic control device that
replaces the function of the conventional pneumatic service and
emergency portions of a car's air brake control valve during electronic
braking and provides for electronically controlled service and
emergency brake applications.
    Dual mode ECP brake system means an ECP brake system that is
equipped with either an emulator CCD or an overlay ECP brake system on
each car which can be operated in either ECP brake mode or conventional
pneumatic brake mode.
    ECP means ``electronically controlled pneumatic'' when applied to a
brake or brakes.
    ECP brake mode means operating a car or an entire train using an
ECP brake system.
    ECP brake system means a train power braking system actuated by
compressed air and controlled by electronic signals from the locomotive
or an ECP-EOT to the cars in the consist for service and emergency
applications in which the brake pipe is used to provide a constant
supply of compressed air to the reservoirs on each car but does not
convey braking signals to the car. ECP brake systems include dual mode
and stand-alone ECP brake systems.
    ECP-EOT device means an end-of-train device for an ECP brake system
that is physically the last network node in the train, pneumatically
and electrically connected at the end of the train to the train line
cable operating with an ECP brake system.
* * * * *
    Emulator CCD means a CCD that is capable of optionally emulating
the function of the pneumatic control valve while in a conventionally
braked train.
* * * * *
    Overlay ECP brake system means a brake system that has both
conventional pneumatic brake valves and ECP brake components, making it
capable of operating as either a conventional pneumatic brake system or
an ECP brake system. This brake system can operate in either a
conventionally braked train using the conventional pneumatic control
valve or in an ECP braked train using the ECP brake system's CCD.
* * * * *
    Stand-alone CCD means a CCD that can operate properly only in a
train operating in ECP brake mode and cannot operate in a conventional
pneumatically braked train.
    Stand-alone ECP brake system means a brake system equipped with a
CCD that can only operate the brakes on the car in ECP brake mode.
* * * * *
    Switch Mode means a mode of operation of the ECP brake system that
allows operation of that train at 20 miles per hour or less when the
train's ECP-EOT device is not communicating with the lead locomotive's
HEU, the train is separated during road switching operations, or the
ECP brake system has stopped the train because the percentage of
operative brakes fell below 85%. Many of the ECP brake system's fault
detection/response procedures are suspended during Switch Mode.
* * * * *
    Train line cable is a two-conductor electric wire spanning the
train and carrying both electrical power to operate all CCDs and ECP-
EOT devices and communications network signals.
    Train, unit or train, cycle means a train that, except for the
changing of locomotive power or for the removal or replacement of
defective equipment, remains coupled as a consist and operates in a
continuous loop or continuous loops without destination.
* * * * *
    Yard limits means a system of tracks, not including main tracks and
sidings, used for classifying cars, making-up and inspecting trains, or
storing cars and equipment.
* * * * *
0
3. Section 232.13 is amended by revising paragraph (a) to read as
follows:

Sec.  232.13  Preemptive effect.

    (a) Under 49 U.S.C. 20106, issuance of the regulations in this part
preempts any State law, rule, regulation, order or standard covering
the same subject matter, except for a provision necessary to eliminate
or reduce a local safety hazard if that provision is not incompatible
with this part and does not impose an undue burden on interstate
commerce. Nothing in this paragraph shall be construed to preempt an
action under State law seeking damages for personal injury, death, or
property damage alleging that a party has failed to comply with the
Federal standard of care established by this part, has failed to comply
with its own plan, rule, or standard that it created pursuant to this
part, or has failed to comply with a State law, regulation, or order
that is not incompatible with the first sentence of this paragraph.
* * * * *
0
4. Section 232.17 is amended by revising paragraphs (a) and (b) to read
as follows:

Sec.  232.17  Special approval procedure.

    (a) General. The following procedures govern consideration and
action upon requests for special approval of a plan under Sec.
232.15(g); an alternative standard under Sec.  232.305, Sec.  232.603,
or a single car test procedure under Sec.  232.611; and pre-revenue
service acceptance testing plans under subpart F of this part.
    (b) Petitions for special approval of an alternative standard or
test procedure. Each petition for special approval of a plan under
Sec.  232.15(g); an alternative standard under Sec.  232.305 or Sec.
232.603; or a single car test procedure under Sec.  232.611 shall
contain:
    (1) The name, title, address, and telephone number of the primary
person to be contacted with regard to review of the petition;
    (2) The plan, alternative standard, or test procedure proposed, in
detail, to be submitted for or to meet the particular requirement of
this part;
    (3) Appropriate data or analysis, or both, for FRA to consider in
determining whether the plan, alternative standard, or test procedure,
will be consistent with the guidance under Sec.  232.15(f), if
applicable, and will provide at least an equivalent level of safety or
otherwise meet the requirements contained in this part; and
    (4) A statement affirming that the railroad has served a copy of
the petition on designated representatives of its employees, together
with a list of the names and addresses of the persons served.
* * * * *
0
5. Section 232.103 is amended by revising paragraph (f) to read as
follows:

Sec.  232.103  General requirements for all train brake systems.

* * * * *
    (f) Each car in a train shall have its air brakes in effective
operating condition unless the car is being moved for repairs in
accordance with Sec. Sec.  232.15 and 232.609. The air brakes on a car
are not in effective operating condition if its brakes are cut-out or
otherwise inoperative or if the piston travel exceeds:
    (1) 10 1/2 inches for cars equipped with nominal 12-inch stroke
brake cylinders; or
    (2) The piston travel limits indicated on the stencil, sticker, or
badge plate for the brake cylinder with which the car is equipped.
* * * * *
0
6. Section 232.205 is amended by revising the first two sentences of
paragraph (c)(5) to read as follows:

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

* * * * *
    (c) * * *
    (5) For cars equipped with 8\1/2\-inch or 10-inch diameter brake
cylinders, piston travel shall be within 6 to 9 inches. If piston
travel is found to be less than 6 inches or more than 9 inches, it must
be adjusted to nominally 7\1/2\ inches. * * *
* * * * *

Sec.  232.213  [Amended]

0
7. Section 232.213 is amended by removing paragraphs (a)(6) and (a)(7)
and redsignating paragraphs (a)(8) and (a)(9) as (a)(6) and (a)(7)
respectively.
0
8. Section 232.303 is amended by revising the first three sentences of
paragraph (c) to read as follows:

Sec.  232.303  General requirements.

* * * * *
    (c) A car on a shop or repair track shall have its piston travel
inspected. For cars equipped with 8\1/2\-inch or 10-inch diameter brake
cylinders, piston travel shall be within 6 to 9 inches. If piston
travel is found to be less than 6 inches or more than 9 inches, it must
be adjusted to nominally 7\1/2\ inches. * * *
* * * * *
0
9. Section 232.305 is amended by revising the first sentence of
paragraph (a) and removing paragraph (f); the revision reads as
follows:

Sec.  232.305  Single car air brake tests.

    (a) Single car air brake tests shall be performed by a qualified
person in accordance with either Section 3.0, ``Tests-Standard Freight
Brake Equipment,'' and Section 4.0, ``Special Tests,'' of the
Association of American Railroads Standard S-486-04, ``Code of Air
Brake System Tests for Freight Equipment,'' contained in the AAR Manual
of Standards and Recommended Practices, Section E (January 1, 2004); an
alternative procedure approved by FRA pursuant to Sec.  232.17; or a
modified procedure approved in accordance with the provisions contained
in Sec.  232.307. * * *
* * * * *
0
10. Part 232 is amended by adding a new subpart G to read as follows:

Subpart G--Electronically Controlled Pneumatic (ECP) Braking
Systems

Sec.
232.601 Scope.
232.602 Applicability.
232.603 Design, interoperability, and configuration management
requirements.
232.605 Training requirements.
232.607 Inspection and testing requirements.
232.609 Handling of defective equipment with ECP brake systems.
232.611 Periodic maintenance.
232.613 End-of-train devices.

Sec.  232.601  Scope.

    This subpart contains specific requirements applicable to freight
trains and freight cars equipped with ECP brake systems. This subpart
also contains specific exceptions from various requirements contained
in this part for freight trains and freight cars equipped with ECP
brake systems.

Sec.  232.602  Applicability.

    This subpart applies to all railroads that operate a freight car or
freight train governed by this part and equipped with an ECP brake
system. Unless specifically excepted or modified in this section, all
of the other requirements contained in this part are applicable to a
freight car or freight train equipped with an ECP brake system.

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

    (a) General. A freight car or freight train equipped with an ECP
brake system shall, at a minimum, meet the Association of American
Railroads (AAR) standards contained in the AAR Manual of Standards and
Recommended Practices related to ECP brake systems listed below; an
alternate standard approved by FRA pursuant to Sec.  232.17; or a
modified standard approved in accordance with the provisions contained
in paragraph (f) of this section. The incorporation by reference of the
AAR standards identified in this section was approved by the Director
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Copies of the incorporated documents may be obtained from the
Association of American Railroads, 50 F Street, NW., Washington, DC
20001,<PHONE_NUMBER>, www.aar.org. You may inspect a copy at the Federal
Railroad Administration, 1200 New Jersey Avenue, SE., Washington, DC,
202-493-6300 or at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA,
call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html. The applicable
standards, which are incorporated into this regulation by reference,
include the following:
    (1) AAR S-4200, ``Electronically Controlled Pneumatic (ECP) Cable-
Based Brake Systems--Performance Requirements,'' (Adopted 1999;
Revised: 2002, 2004, 2008);

    (2) AAR S-4210, ``ECP Cable-Based Brake System Cable, Connectors,
and Junction Boxes--Performance Specifications,'' (Adopted: 1999;
Revised 2002, 2007);
    (3) AAR S-4220, ``ECP Cable-Based Brake DC Power Supply--
Performance Specification,'' Version 2.0 (Adopted: 1999; Revised:
2002);
    (4) AAR S-4230, ``Intratrain Communication (ITC) Specification for
Cable-Based Freight Train Control System,'' Version 3.0 (Adopted: 1999;
Revised: 2002, 2004);
    (5) AAR S-4240, ``ECP Brake Equipment--Approval Procedure''
(Adopted: 2007);
    (6) AAR S-4250, ``Performance Requirements for ITC Controlled
Cable-Based Distributed Power Systems,'' Version 2.0 (Adopted: 2003;
Revised: 2004);
    (7) AAR S-4260, ``ECP Brake and Wire Distributed Power
Interoperability Test Procedures'' (Adopted: 2007); and
    (8) AAR S-4270, ``ECP Brake System Configuration Management''
(Adopted: 2008).
    (b) Approval. A freight train or freight car equipped with an ECP
brake system and equipment covered by the AAR standards incorporated by
reference in this section shall not be used without conditional or
final approval by AAR in accordance with AAR Standard S-4240, ``ECP
Brake Equipment--Approval Procedures'' (2007).
    (c) Configuration management. A railroad operating a freight train
or freight car equipped with ECP brake systems shall adopt and comply
with the configuration management plan developed in accordance with the
AAR standards incorporated by reference in this section. FRA reserves
the right to audit a manufacturer's configuration management plan at
any time.
    (d) Exceptions. (1) A freight car or freight train equipped with a
stand-alone ECP brake system shall be excepted from the requirement in
Sec.  232.103(l) referencing AAR Standard S-469-47, ``Performance
Specification for Freight Brakes.''
    (2) The provisions addressing the introduction of new brake system
technology contained in subpart F of this part are not applicable to a
freight car or freight train equipped with an ECP brake system approved
by AAR in accordance with paragraph (b) of this section, conditionally
or otherwise, as of the effective date of this rule.
    (e) New technology. Upon written request supported by suitable
justification and submitted pursuant to the special approval procedures
in Sec.  232.17, the Associate Administrator may except from the
requirements of subpart F of this part the testing of new ECP brake
technology, demonstration of new ECP brake technology, or both, where
testing or demonstration, or both, will be conducted pursuant to an
FRA-recognized industry standard and FRA is invited to monitor the
testing or demonstration, or both.
    (f) Modification of standards. The AAR or other authorized
representative of the railroad industry may seek modification of the
industry standards identified in or approved pursuant to paragraph (a)
of this section. The request for modification will be handled and shall
be submitted in accordance with the modification procedures contained
in Sec.  232.307.

Sec.  232.605  Training requirements.

    (a) Inspection, testing and maintenance. A railroad that operates a
freight car or freight train equipped with an ECP brake system and each
contractor that performs inspection, testing, or maintenance on a
freight car or freight train equipped with an ECP brake system shall
adopt and comply with a training, qualification, and designation
program for its employees that perform inspection, testing or
maintenance of ECP brake systems. The training program required by this
section shall meet the requirements in Sec. Sec.  232.203(a), (b), (e),
and (f).
    (b) Operating rules. A railroad operating a freight train or
freight car equipped with an ECP brake system shall amend its operating
rules to govern safe train handling procedures related to ECP brake
systems and equipment under all operating conditions and shall tailor
its operating rules to the specific equipment and territory of the
railroad.
    (c) Locomotive engineers. A railroad operating a freight car or
freight train equipped with an ECP brake system shall adopt and use in
its training program under part 240 specific knowledge, skill, and
ability criteria to ensure that its locomotive engineers are fully
trained with the operating rules governing safe train handling
procedures related to ECP brake systems and equipment under all
operating conditions and tailored to the specific equipment and
territory of the railroad.

Sec.  232.607  Inspection and testing requirements.

    (a) Trains at initial terminal. A freight train operating in ECP
brake mode shall receive the following inspections at its point of
origin (initial terminal):
    (1) A Class I brake test as described in Sec.  232.205(c) by a
qualified mechanical inspector (QMI); and
    (2) A pre-departure inspection pursuant to part 215 of this chapter
by an inspector designated under Sec.  215.11 of this chapter.
    (b) Trains en route. (1) Except for a unit or cycle train, a train
operating in ECP brake mode shall not operate a distance that exceeds
its destination or 3,500 miles, whichever is less, unless inspections
meeting the requirements of paragraph (a) of this section are performed
on the train.
    (2) A unit or cycle train operating in ECP brake mode shall receive
the inspections required in paragraph (a) of this section at least
every 3,500 miles.
    (3) The greatest distance that any car in a train has traveled
since receiving a Class I brake test by a qualified mechanical
inspector will determine the distance that the train has traveled.
    (4) A freight train operating in ECP brake mode shall receive a
Class I brake test as described in Sec.  232.205(c) by a qualified
person at a location where the train is off air for a period of more
than:
    (i) 24 hours, or
    (ii) 80 hours, if the train remains inaccessible to the railroad
and in an extended-off-air facility. For the purpose of this section,
an extended-off-air facility means a location controlled by a sole
shipper or consignee which restricts access to the train and provides
sufficient security to deter vandalism.
    (c) Cars added en route. (1) Each freight car equipped with an ECP
brake system that is added to a freight train operating in ECP brake
mode shall receive a Class I brake test as described in Sec.
232.205(c) by a qualified person, unless all of the following are met:
    (i) The car has received a Class I brake test by a qualified
mechanical inspector within the last 3,500 miles;
    (ii) Information identified in Sec.  232.205(e) relating to the
performance of the previously received Class I brake test is provided
to the train crew;
    (iii) The car has not been off air for more than 24 hours or for
more than 80 hours, if that train remains in an extended-off-air
facility; and
    (iv) A visual inspection of the car's brake systems is conducted to
ensure that the brake equipment is intact and properly secured. This
may be accomplished as part of the inspection required under Sec.
215.13 of this chapter and may be conducted while the car is off air.
    (2) Each car and each solid block of cars not equipped with an ECP
brake system that is added to a train operating in ECP brake mode shall
receive a visual inspection to ensure it is properly placed in the
train and safe to operate and shall be moved and tagged in

accordance with the provisions contained in Sec.  232.15.
    (d) Class III brake test (1) A Class III brake test shall be
performed on a freight train operating in ECP brake mode by a qualified
person, as defined in Sec.  232.5, to test the train's brake system
whenever the continuity of the brake pipe or electrical connection is
broken or interrupted.
    (2) In lieu of observing the brake pipe changes at the rear of a
freight train with the end-of-train telemetry device referred to in
Sec. Sec.  232.211(c) and (d), the operator shall verify that the
brakes applied and released on the rear car of the freight train by
observing the ECP brake system's display in the locomotive cab.
    (e) Initialization. (1) A freight train operating in ECP brake mode
shall be initialized as described in paragraph (e)(2) whenever the
following occurs:
    (i) Class I brake test.
    (ii) Class III brake test.
    (iii) Whenever the ECP brake system is powered on.
    (2) Initialization shall, at a minimum:
    (i) initialize the ECP brake system pursuant to AAR Series Standard
S-4200; and
    (ii) be performed in the sequential order of the vehicles in the
train.
    (3) Whenever an ECP brake system is initialized pursuant to this
paragraph, the train crew must ensure that the total number of cars
indicated by the ECP brake system is the same as the total number of
cars indicated on the train consist.
    (f) Modifications to existing brake inspections. (1) In lieu of the
specific brake pipe service reductions and increases required in this
part, an electronic signal that provides an equivalent application and
release of the brakes shall be utilized when conducting any required
inspection or test on a freight car or freight train equipped with an
ECP brake system and operating in ECP brake mode.
    (2) In lieu of the specific piston travel ranges contained in this
part, the piston travel on freight cars equipped with ECP brake systems
shall be within the piston travel limits stenciled or marked on the car
or badge plate consistent with the manufacturers recommended limits, if
so stenciled or marked.
    (g) ECP brake system train line cable. Each ECP brake system train
line cable shall:
    (1) be located and guarded to provide sufficient vertical
clearance;
    (2) not cause any tripping hazards;
    (3) not hang with one end free whenever the equipment is used in a
train movement;
    (4) not be positioned to interfere with the use of any safety
appliance; or
    (5) not have any of the following conditions:
    (i) Badly chafed or broken insulation.
    (ii) Broken plugs, receptacles or terminals.
    (iii) Broken or protruding strands of wire.
    (h) Exceptions. A freight car or a freight train shall be exempt
from the requirements contained in Sec. Sec.  232.205(a) and (b),
232.207, 232.209, and 232.211(a) when it is equipped with an ECP brake
system and operating in ECP brake mode.

Sec.  232.609  Handling of defective equipment with ECP brake systems.

    (a) Ninety-five percent of the cars in a train operating in ECP
brake mode shall have effective and operative brakes prior to use or
departure from the train's initial terminal or any location where a
Class I brake test is required to be performed on the entire train by a
qualified mechanical inspector pursuant to Sec.  232.607.
    (b) A freight car equipped with an ECP brake system that is known
to have arrived with ineffective or inoperative brakes at initial
terminal of the next train which the car is to be included or at a
location where a Class I brake test is required under Sec. Sec.
232.607(b)(1) through (b)(3) shall not depart that location with
ineffective or inoperative brakes in a train operating in ECP brake
mode unless:
    (1) The location does not have the ability to conduct the necessary
repairs;
    (2) The car is hauled only for the purpose of repair to the nearest
forward location where the necessary repairs can be performed
consistent with the guidance contained in Sec.  232.15(f);
    (3) The car is not being placed for loading or unloading while
being moved for repair unless unloading is necessary for the safe
repair of the car; and
    (4) The car is properly tagged in accordance with Sec.  232.15(b).
    (c) A freight car equipped with only conventional pneumatic brakes
shall not move in a freight train operating in ECP brake mode unless it
would otherwise have effective and operative brakes if it were part of
a conventional pneumatic brake-equipped train or could be moved from
the location in defective condition under the provisions contained in,
and tagged in accordance with, Sec.  232.15.
    (d) A freight train operating in ECP brake mode shall not move if
less than 85 percent of the cars in the train have operative and
effective brakes. However, after experiencing a penalty stop for having
less than 85 percent operative and effective brakes, a freight train
operating in ECP brake mode may be moved if all of the following are
met:
    (1) The train is visually inspected;
    (2) Appropriate measures are taken to ensure that the train is
safely operated to the location where necessary repairs or changes to
the consist can be made;
    (3) A qualified person determines that it is safe to move the
train; and
    (4) The train is moved in ECP brake Switch Mode to the nearest or
nearest forward location where necessary repairs or changes to the
consist can be made.
    (e) A freight car or locomotive equipped with an ECP brake system
that is found with inoperative or ineffective brakes for the first time
during the performance of a Class I brake test or while en route may be
used or hauled without civil penalty liability under this part to its
destination, not to exceed 3,500 miles; provided, all applicable
provisions of this section are met and the defective car or locomotive
is hauled in a train operating in ECP brake mode.
    (f) A freight car equipped with an ECP brake system that is part of
a train operating in ECP brake mode:
    (1) that is found with a defective non-brake safety appliance may
be used or hauled without civil penalty under this part to the nearest
or nearest forward location where the necessary repairs can be
performed consistent with the guidelines contained in Sec.  232.15(f).
    (2) that is found with an ineffective or inoperative brake shall be
hauled in accordance with the following:
    (i) Sec.  232.15(e)(1).
    (ii) No more than two freight cars with brakes pneumatically cut
out or five freight cars or five units in a multi-unit articulated
piece of equipment with brakes electronically cut out shall be
consecutively placed in the same train.
    (g) A train operating with conventional pneumatic brakes shall not
operate with freight cars equipped with stand-alone ECP brake systems
unless:
    (1) The train has at least the minimum percentage of operative
brakes required by paragraph (h) of this section when at an initial
terminal or paragraph (d) of this section when en route; and
    (2) The stand-alone ECP brake-equipped cars are:
    (i) Moved for the purpose of delivery to a railroad receiving the
equipment or to a location for placement in a train operating in ECP
brake mode or being moved for repair to the nearest available location
where the necessary repairs can be made in accordance with Sec. Sec.
232.15(a)(7) and (f);
    (ii) Tagged in accordance with Sec.  232.15(b); and
    (iii) Placed in the train in accordance with Sec.  232.15(e).
    (h) A train equipped and operated with conventional pneumatic
brakes

may depart an initial terminal with freight cars that are equipped with
stand-alone ECP brake systems provided all of the following are met:
    (1) The train has 100 percent effective and operative brakes on all
cars equipped with conventional pneumatic brake systems;
    (2) The train has at least 95 percent effective and operative
brakes when including the freight cars equipped with stand-alone ECP
brake systems; and
    (3) The requirements contained in paragraph (g) of this section are
met.
    (i) Tagging of defective equipment. A freight car equipped with an
ECP brake system that is found with ineffective or inoperative brakes
will be considered electronically tagged under Sec.  232.15(b)(1) and
(b)(5) if the car is used or hauled in a train operating in ECP brake
mode and the ECP brake system meets the following:
    (1) The ECP brake system is able to display information in the cab
of the lead locomotive regarding the location and identification of the
car with defective brakes;
    (2) The information is stored or downloaded and is accessible to
FRA and appropriate operating and inspection personnel; and
    (3) An electronic or written record of the stored or downloaded
information is retained and maintained in accordance with Sec.
232.15(b)(3).
    (j) Procedures for handling ECP brake system repairs and
designation of repair locations. (1) Each railroad operating freight
cars equipped with ECP brake systems shall adopt and comply with
specific procedures developed in accordance with the requirements
related to the movement of defective equipment contained in this
subpart. These procedures shall be made available to FRA upon request.
    (2) Each railroad operating freight trains in ECP brake mode shall
submit to FRA's Associate Administrator for Safety a list of locations
on its system where ECP brake system repairs will be performed. A
railroad shall notify FRA's Associate Administrator for Safety in
writing 30 days prior to any change in the locations designated for
such repairs. A sufficient number of locations shall be identified to
ensure compliance with the requirements related to the handling of
defective equipment contained in this part.
    (k) Exceptions: All freight cars and trains that are specifically
identified, operated, and handled in accordance with this section are
excepted from the movement of defective equipment requirements
contained in Sec.  232.15(a)(2), (a)(5) through (a)(8), and 232.103(d)
and (e).

Sec.  232.611  Periodic maintenance.

    (a) In addition to the maintenance requirements contained in Sec.
232.303(b) through (d), a freight car equipped with an ECP brake system
shall be inspected and repaired before being released from a shop or
repair track to ensure the proper and safe condition of the following:
    (1) ECP brake system wiring and brackets;
    (2) ECP brake system electrical connections; and
    (3) Car mounted ECP brake system components.
    (b) Single car air brake test procedures. Prior to placing a
freight car equipped with an ECP brake system into revenue service, a
railroad or a duly authorized representative of the railroad industry
shall submit a procedure for conducting periodic single car air brake
tests to FRA for its approval pursuant to Sec.  232.17.
    (c) Except as provided in Sec.  232.303(e), a single car air brake
test conducted in accordance with the procedure submitted and approved
in accordance with paragraph (b) of this section shall be performed by
a qualified person on a freight car equipped with an ECP brake system
whenever any of the events identified in Sec.  232.305 occur, except
for those paragraphs identified in paragraph (f) of this section.
    (d) A single car air brake test conducted in accordance with the
procedure submitted and approved in accordance with paragraph (b) of
this section shall be performed by a qualified person on each freight
car retrofitted with a newly installed ECP brake system prior to
placing or using the car in revenue service.
    (e) Modification of single car test standard. A railroad or a duly
authorized representative of the railroad industry may seek
modification of the single car test standard approved in accordance
with paragraph (b) of this section. The request for modification will
be handled and shall be submitted in accordance with the modification
procedures contained in Sec.  232.307.
    (f) Exceptions. A freight car equipped with a stand-alone or dual
mode ECP brake system is excepted from the single car air brake test
procedures contained in Sec.  232.305(a). A freight car equipped with a
stand-alone ECP brake system is excepted from the single car test
requirements contained in Sec.  232.305(b)(2).
    (g) For purposes of paragraphs (c) and (d) of this section, if a
single car air brake test is conducted on a car prior to June 15, 2009,
pursuant to the then existing AAR standards, it shall be considered the
last single car air brake test for that car, if necessary.

Sec.  232.613  End-of-train devices.

    (a) An ECP-EOT device shall, at a minimum, serve as the final node
on the ECP brake circuit, provide a cable terminal circuit, and
monitor, confirm, and report train, brake pipe, and train line cable
continuity, cable voltage, brake pipe pressure, and the status of the
ECP-EOT device battery charge. The ECP-EOT device shall transmit a
status message (EOT Beacon) at least once per second, contain a means
of communicating with the HEU, and be equipped with a brake pipe
pressure transducer and a battery that charges from the train line
cable.
    (b) A railroad shall not move or use a freight train equipped with
an ECP brake system unless that train is equipped with a functioning
ECP-EOT device designed and operated in accordance with this subpart.
The ECP-EOT device must be properly connected to the network and to the
train line cable at the rear of the train.
    (c) A locomotive equipped with ECP brakes can be used in lieu of an
ECP-EOT device, provided it is capable of performing all of the
functions of a functioning ECP-EOT device.
    (d) Exception. A freight train operating in ECP brake mode is
excepted from the end-of-train device requirements contained in subpart
E of this part, provided that it is equipped with an ECP-EOT device
complying with this section.
0
11. Appendix A to part 232 is amended by revising footnote 1 and by
adding an entry for subpart G to the end of the table to read as
follows:

Appendix A to Part 232--Schedule of Civil Penalties \1\
---------------------------------------------------------------------------

    \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
appropriate penalties set forth above are aggregated up to a maximum
of $11,000 per day. An exception to this rule is the $15,000 penalty
for willful violation of Sec.  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 Sec.  232.205 through Sec.  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 $27,000 for any violation
where circumstances warrant. See 49 CFR part 209, appendix A.

------------------------------------------------------------------------
                                                               Willful
                    Section                      Violation    violation
------------------------------------------------------------------------

                              * * * * * * *
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             7,500       11,000
     approval.................................
    (c) Failure to adopt and comply with a            7,500       11,000
     proper configuration management plan.....
232.605 Training Requirements:
    (a) Failure to adopt and comply with a            (\1\)        (\1\)
     proper training, qualification, and
     designation program for employees that
     perform inspection, testing or
     maintenance..............................
    (b) Failure to amend operating rules......       12,500       16,000
    (c) Failure to adopt and comply with             12,500       16,000
     proper training criteria for locomotive
     engineers................................
232.607 Inspection and testing requirements:
    (a)(1), (b), (c)(1) Complete or partial           (\1\)        (\1\)
     failure to perform inspection............
    (a)(2) Complete or partial failure to             7,500       11,000
     perform pre-departure inspection.........
    (c)(1)(iv), (c)(2) Failure to perform             4,500        6,500
     visual inspection on a car added en route
    (d) Failure to perform inspection.........        (\1\)        (\1\)
    (e)(1), (2) Failure to properly initialize        7,500       11,000
     the train................................
    (e)(3) Failure to ensure identical consist        7,500       11,000
     and system information...................
    (f)(1) Failure to apply a proper brake            (\1\)        (\1\)
     pipe service reduction...................
    (f)(2) Failure to properly adhere to the          (\1\)        (\1\)
     proper piston travel ranges..............
    (g)(1)-(4) Improperly located and guarded         7,500       11,000
     cable....................................
    (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          (\1\)        (\1\)
     operative brakes from Class I brake test.
    (b) Failure to prevent a car known to             7,500       11,000
     arrive with defective brakes to depart
     location where a Class I brake test is
     required.................................
    (c) Improper movement of a car equipped           7,500       11,000
     with conventional pneumatic brakes.......
    (d) Operating with less than 85 percent           (\1\)        (\1\)
     operative brakes.........................
    (f)(2)(i) Improper placement of defective         (\1\)        (\1\)
     conventional brake equipment.............
    (f)(2)(ii) Improper placement of defective        7,500       11,000
     ECP brake equipment......................
    (g) Improper movement of defective stand-         (\1\)        (\1\)
     alone ECP brake equipment in a train
     operating with conventional pneumatic
     brakes...................................
    (h) Improper movement from initial                (\1\)        (\1\)
     terminal of stand-alone ECP brake
     equipment in a conventional brake
     operated train...........................
    (i) Failure to tag equipment..............        (\1\)        (\1\)
    (j)(1) Failure to adopt and comply with           7,500       11,000
     procedures for the movement of defective
     equipment................................
    (j)(2) Failure to submit list of ECP brake        7,500       11,000
     system repair locations..................
232.611 Periodic maintenance:
    (a) Failure to ensure the proper and safe         7,500       11,000
     condition of car.........................
    (b)-(d) Failure to perform test...........        7,500       11,000
232.613 End-of-train devices:
    (a) Failure to meet design standards for          7,500       11,000
     ECP-EOT devices..........................
    (b) Moving with an improper or improperly         9,500       13,000
     connected ECP-EOT device.................
------------------------------------------------------------------------

    Failure to observe any condition for movement of defective
equipment set forth in Sec.  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 Sec.  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 Sec.  232.209, Sec.  232.213, Sec.  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
referenced inspection.

    Issued in Washington, DC, on September 19, 2008.
Joseph H. Boardman,
Federal Railroad Administrator.
 [FR Doc. E8-22549 Filed 10-15-08; 8:45 am]

BILLING CODE 4910-06-P


 [Federal Register: August 26, 2008 (Volume 73, Number 166)] [ Notices]                [Page 50319] [DOCID:fr26au08-55]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 10359-036]

  Snoqualmie River Hydro/Public Utility, District No. 1 of

Snohomish County; Notice of Application for Transfer of License, and

Soliciting Comments, Motions To Intervene, and Protests

August 19, 2008.

    Take notice that the following hydroelectric application has been

filed with the Commission and is available for public inspection:

    a. Application Type: Transfer of License.

    b. Project No.: 10359-036.

    c. Date Filed: August 6, 2008.

    d. Applicants: Snoqualmie River Hydro (Transferor) and Public

Utility District No. 1 of Snohomish County (Transferee).

    e. Name and Location of Project: Youngs Creek Project is located on

Youngs Creek in Snohomish County, Washington.

    f. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.

    g. Applicant Contacts: For the transferor: Arch Ford, President,

Snoqualmie River Hydro, Inc., PO Box 1432, Lewiston, ID 83501, (360)

588-6954<EMAIL_ADDRESS>     For the transferee: Kim Moore, Assistant General Manager, Water

Resources, E-1, Snohomish County PUD, 2320 California Street, PO Box

1107, Everett, WA 98206-1107,<PHONE_NUMBER><EMAIL_ADDRESS>Eric

Christensen, Assistant General Counsel, E-4, Snohomish County PUD, 2320

California Street, P.O. Box 1107, Everett, WA 98206-1107, (425) 783-

1000<EMAIL_ADDRESS>     h. FERC Contact: Diane M. Murray at<PHONE_NUMBER>.

    i. Deadline for filing comments, protests, and motions to

intervene: September 15, 2008.

    All documents (original and eight copies) should be filed with:

Kimberly Bose, Secretary, Federal Energy Regulatory Commission, 888

First Street, NE., Washington, DC 20426. Comments, protests, and

interventions may be filed electronically via the Internet in lieu of

paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the

Commission's Web site under the ``e-Filing'' link. The Commission

strongly encourages electronic filings. Please include the Project

Number (P-10359) on any comments or motions filed.

    The Commission's Rules of Practice and Procedure require all

intervenors filing a document with the Commission to serve a copy of

that document on each person in the official service list for the

project. Further, if an intervenor files comments or documents with the

Commission relating to the merits of an issue that may affect the

responsibilities of a particular resource agency, they must also serve

a copy of the documents on that resource agency.

    j. Description of Application: Applicants seek Commission approval

to transfer the license for the Youngs Creek Hydroelectric Project from

Snoqualmie River Hydro, to Public Utility District No. 1 of Snohomish

County.

    k. This filing is available for review at the Commission in the

Public Reference Room or may be viewed on the Commission's Web site at

http://www.ferc.gov using the eLibrary link. Enter the docket number

(P-10359) in the docket number field to access the document. For

assistance, call toll-free 1-866-208-3676 or e-mail

<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy is

also available for inspection and reproduction at the addresses in item

g. above.

    l. Individuals desiring to be included on the Commission's mailing

list should so indicate by writing to the Secretary of the Commission.

    m. Comments, Protests, or Motions to Intervene--Anyone may submit

comments, a protest, or a motion to intervene in accordance with the

requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,

and .214. In determining the appropriate action to take, the Commission

will consider all protests or other comments filed, but only those who

file a motion to intervene in accordance with the Commission's Rules

may become a party to the proceeding. Any comments, protests, or

motions to intervene must be received on or before the specified

comment date for the particular application.

    n. Filing and Service of Responsive Documents--Any filings must

bear in all capital letters the title ``COMMENTS'', ``PROTEST'', OR

``MOTION TO INTERVENE'', as applicable, and the Project Number of the

particular application to which the filing refers. Any of the above-

named documents must be filed by providing the original and eight

copies to: The Secretary, Federal Energy Regulatory Commission, 888

First Street, NE., Washington, DC 20426. A copy of any motion to

intervene must also be served upon each representative of the

Applicants specified in the particular application.

    o. Agency Comments--Federal, state, and local agencies are invited

to file comments on the described application. A copy of the

application may be obtained by agencies directly from the Applicants.

If an agency does not file comments within the time specified for

filing comments, it will be presumed to have no comments. One copy of

an agency's comments must also be sent to the Applicants'

representatives.

Kimberly D. Bose,

Secretary.

 [FR Doc. E8-19682 Filed 8-25-08; 8:45 am]

BILLING CODE 6717-01-P