[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Notices]
[Page 13369]
[FR Doc No: 2021-04802]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OARM-2018-0065; FRL-10019-36-OMS]

Proposed Information Collection Request; Comment Request; Drug
Testing for Contractor Employees (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency is planning to submit an
information collection request (ICR), ``Drug Testing for Contractor
Employees (Renewal)'' (EPA ICR No. 2183.08, OMB Control No. 2030-0044)
to the Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act. Before doing so, EPA is
soliciting public comments on specific aspects of the proposed
information collection as described below. This is a proposed extension
of the ICR, which is currently approved through September 30, 2021. An
Agency may not conduct or sponsor and a person is not required to
respond to a collection of information unless it displays a currently
valid OMB control number.

DATES: Comments must be submitted on or before May 7, 2021.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OARM-
2018-0065 online using www.regulations.gov (our preferred method), by
email to<EMAIL_ADDRESS>or by mail to: EPA Docket Center,
Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania
Ave. NW, Washington, DC 20460.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Thomas Valentino, Policy Training and
Oversight Division, Office of Acquisition Solutions (3802R),
Environmental Protection Agency, 1200 Pennsylvania Ave, NW, Washington,
DC 20460; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA (44 U.S.C. 3501 et
seq.), EPA is soliciting comments and information to enable it to: (i)
Evaluate whether the proposed collection of information is necessary
for the proper performance of the functions of the Agency, including
whether the information will have practical utility; (ii) evaluate the
accuracy of the Agency's estimate of the burden of the proposed
collection of information, including the validity of the methodology
and assumptions used; (iii) enhance the quality, utility, and clarity
of the information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate automated electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses. EPA
will consider the comments received and amend the ICR as appropriate.
The final ICR package will then be submitted to OMB for review and
approval. At that time, EPA will issue another Federal Register notice
to announce the submission of the ICR to OMB and the opportunity to
submit additional comments to OMB.
    Abstract: This ICR applies to a contractor who performs response
services at sensitive sites with serious security concerns where the
Agency and public interest would best be protected through drug testing
of contractor employees. It requires the contractor to test employees
for the use of marijuana, cocaine, opiates, amphetamines, phencyclidine
(PCP), and any other controlled substances. Only contractor employees
who have been tested within the previous 90 calendar days and have
passing drug test results may be directly engaged in on-site response
work and/or on-site related activities at designated sites with
significant security concerns. The Agency may request contractors
responding to any of these types of incidents to conduct drug testing
and apply Government-established suitability criteria in title 5 CFR
731.104, Appointments subject to investigation, 732.201, Sensitivity
level designations and investigative requirements, and 736.102, Notice
to investigative sources, when determining whether employees are
acceptable to perform on given sites or on specific projects.
    Form Numbers: None.
    Respondents/affected entities: Private contractors.
    Respondent's obligation to respond: Required to obtain a benefit
per title 5 CFR 731.104, Appointments subject to investigation,
732.201, Sensitivity level designations and investigative requirements,
and 736.102, Notice to investigative sources.
    Estimated number of respondents: 500 (total).
    Frequency of response: Annual.
    Total estimated burden: 1,125 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $133,010 (per year), includes $0 annualized
capital or operation & maintenance costs.
    Changes in Estimates: There is no change in the hours in the total
estimated respondent burden compared with the ICR currently approved by
OMB.

Kimberly Patrick,
Director, Office of Acquisition Solutions.
[FR Doc. 2021-04802 Filed 3-5-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 76 (Wednesday, April 20, 2022)]
[Notices]
[Page 23520]
[FR Doc No: 2022-08397]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9753-01-OW]

Notice of Charter Renewal

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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    The Charter for the United States Environmental Protection Agency's
(EPA) Environmental Financial Advisory Board (EFAB) will be renewed for
an additional two-year period, as a necessary committee which is in the
public interest, in accordance with the provisions of the Federal
Advisory Committee Act (FACA), 5 U.S.C. App. 2. The purpose of EFAB is
to provide advice and recommendations to the EPA Administrator on
issues associated with environmental financing. It is determined that
EFAB is in the public interest in connection with the performance of
duties imposed on the Agency by law. Inquiries may be directed to Tara
Johnson, Water Infrastructure and Resiliency Finance Center, U.S. EPA,
1200 Pennsylvania Avenue NW, Washington, DC 20460 (Mail Code: 4204M),
Telephone<PHONE_NUMBER>, or [email protected].

    Dated: April 12, 2022.
Andrew D. Sawyers,
Director, Office of Wastewater Management, Office of Water.
[FR Doc. 2022-08397 Filed 4-19-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 222 (Friday, November 18, 2022)]
[Proposed Rules]
[Pages 69210-69214]
[FR Doc No: 2022-25117]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1474; Project Identifier MCAI-2022-00888-T]
RIN 2120-AA64

Airworthiness Directives; MHI RJ Aviation ULC (Type Certificate
Previously Held by Bombardier, Inc.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain MHI RJ Aviation ULC Model CL-600-2B19 (Regional Jet Series
100 & 440), CL-600-2C10 (Regional Jet Series 700, 701 & 702), CL-600-
2C11 (Regional Jet Series 550), CL-600-2D15 (Regional Jet Series 705),
CL-600-2D24 (Regional Jet Series 900), and CL-600-2E25 (Regional Jet
Series 1000) airplanes. This proposed AD was prompted by reports from
the supplier that sensing elements of the bleed air leak detection
system were manufactured with insufficient salt fill, which can result
in an inability to detect hot bleed air leaks. This proposed AD would
require testing of all affected overheat detection sensing elements of
the bleed air leak detection system, and replacement if necessary. This
proposed AD would also prohibit the installation of affected parts. The
FAA is proposing this AD to address the unsafe condition on these
products.

DATES: The FAA must receive comments on this proposed AD by January 3,
2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.

     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1474; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For service information identified in this NPRM, contact
MHI RJ Aviation Group, Customer Response Center, 3655 Ave. des Grandes-
Tourelles, Suite 110, Boisbriand, Qu[eacute]bec J7H 0E2 Canada; North
America toll-free telephone<PHONE_NUMBER> or direct-dial telephone 450-
990-7272; fax<PHONE_NUMBER>; email mhirj.com">[email protected]mhirj.com; website mhirj.com.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Thomas Niczky, Aerospace Engineer,
Avionics & Electrical Systems Section, FAA, New York ACO Branch, 1600
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>;
email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-1474; Project Identifier
MCAI-2022-00888-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Thomas Niczky, Aerospace Engineer, Avionics & Electrical Systems
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; email [email protected].
    Any commentary that the FAA receives which is not specifically
designated as CBI will be placed in the public docket for this
rulemaking.

Background

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued TCCA AD CF-2022-16R1, dated July 5,
2022 (TCCA AD CF-2022-16R1) (also referred to after this as the MCAI),
to correct an unsafe condition on Model CL-600-2B19 (Regional Jet
Series 100 & 440), CL-600-2C10 (Regional Jet Series 700, 701 & 702),
CL-600-2C11 (Regional Jet Series 550), CL-600-2D15 (Regional Jet Series
705), CL-600-2D24 (Regional Jet Series 900), and CL-600-2E25 (Regional
Jet Series 1000) airplanes. The MCAI states that MHI RJ Aviation ULC
received reports from the supplier of the overheat detection sensing
elements of a manufacturing quality escape. Some of the sensing
elements of the bleed air leak detection system were manufactured with
insufficient salt fill, which can result in an inability to detect hot
bleed air leaks and cause damage to surrounding structures and systems
that can prevent continued safe flight and landing.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1474.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed MHI RJ Service Bulletin 601R-36-021, Revision D,
dated May 25, 2022; including Appendix A, Revision B, dated March 14,
2022; and MHI RJ Service Bulletin 670BA-36-025, Revision C, dated May
25, 2022; including Appendix A, Revision B, dated Mar 14, 2022;
Appendix B, dated October 21, 2021; and Appendix C, dated March 14,
2022. This service information specifies procedures for testing
affected bleed air leak detection system sensing elements (i.e., those
marked with a date code before ``A2105'' (which corresponds to January
31, 2021), with a part number defined in this service information) to
determine if they are serviceable, and replacing failed sensing
elements with serviceable ones. This service information also allows
deferring the replacement of an affected part under certain conditions
and allows operating the airplane with certain deactivated defective
sensing elements. These documents are distinct since they apply to
different airplane models. This service information is reasonably
available because the interested parties have access to it through
their normal course of business or by the means identified in the
ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with this State of Design Authority,
it has notified the FAA of the unsafe condition described in the MCAI
and service information described above. The FAA is issuing this NPRM
after determining that the unsafe condition described previously is
likely to exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in the service information already described. This proposed AD would
also prohibit the installation of affected parts.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 1,126 airplanes of U.S. registry. The FAA estimates the
following costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                 Model                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Model CL-600-2B19 (526 airplanes).....  29 work hours x $85 per               $0          $2,465      $1,296,590
                                         hour = $2,465.
Model CL-600-2C10 and CL-600-2C11, CL-  82 work hours x $85 per                0           6,970       4,182,000
 600-2D15 and CL-600-2D24, and CL-600-   hour = $6,970.
 2E25 (600 airplanes).
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition actions:

                                     Estimated Costs of On-Condition Actions
----------------------------------------------------------------------------------------------------------------
     Model/serial No. (S/Ns)            Labor cost                Parts cost               Cost per product
----------------------------------------------------------------------------------------------------------------
CL-600-2B19, S/Ns 7002-7323......  Up to 26 work-hours   Up to $113,200.............  Up to $115,410.
                                    x $85 per hour =
                                    $2,210.
CL-600-2B19, S/Ns 7324-8113......  Up to 24 work-hours   Up to $100,598.............  Up to $102,638.
                                    x $85 per hour =
                                    $2,040.
CL-600-2C10 and CL-600-2C11, S/Ns  Up to 54 work-hours   Up to $70,758..............  Up to $75,348.
 10002-10347.                       x $85 per hour =
                                    $4,590.
CL-600-2D15 and CL-600-2D24, S/Ns  Up to 58 work-hours   Up to $74,598..............  Up to $79,528.
 15001-15494.                       x $85 per hour =
                                    $4,930.
CL-600-2E25, S/Ns 19001-19064....  Up to 62 work-hours   Up to $81,478..............  Up to $86,748.
                                    x $85 per hour =
                                    $5,270.
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this proposed AD may be covered under warranty, thereby reducing the
cost impact on affected operators.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier,
Inc.): Docket No. FAA-2022-1474; Project Identifier MCAI-2022-00888-
T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by January 3, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to MHI RJ Aviation ULC airplanes, certificated
in any category, and identified in paragraphs (c)(1) through (4) of
this AD.
    (1) Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes,
serial numbers 7002 through 7990 inclusive, and 8000 through 8113
inclusive.
    (2) Model CL-600-2C10 (Regional Jet Series 700, 701 & 702) and
CL-600-2C11 (Regional Jet Series 550) airplanes, serial numbers
10002 through 10347 inclusive.
    (3) Model CL-600-2D15 (Regional Jet Series 705) and Model CL-
600-2D24 (Regional Jet Series 900) airplanes, serial numbers 15001
through 15494 inclusive.
    (4) Model CL-600-2E25 (Regional Jet Series 1000), serial numbers
19001 through 19064 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 36, Pneumatic.

(e) Unsafe Condition

    This AD was prompted by reports that sensing elements of the
bleed air leak detection system were manufactured with insufficient
salt fill. The FAA is issuing this AD to address insufficient salt
fill, which can result in an inability to detect hot bleed air
leaks, which can cause damage to surrounding structures and systems
that can prevent continued safe flight and landing.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Definitions

    For the purposes of this AD, the definitions specified in
paragraphs (g)(1) through (4) apply.
    (1) Group 1 airplanes: The airplanes identified in paragraph
(c)(1) of this AD.
    (2) Group 2 airplanes: The airplanes identified in paragraphs
(c)(2) through (4) of this AD.
    (3) Affected part: A sensing element marked with a date code
before A2105 and having a part number as defined in Section 1,
Paragraph G(1), of MHI RJ Service Bulletin 601R-36-021, Revision D,
dated May 25, 2022, for Group 1 airplanes, and in Appendix B, dated
October 21, 2021, of MHI RJ Service Bulletin 670BA-36-025, Revision
C, dated May 25, 2022, for Group 2 airplanes, unless the sensing
element has been tested and found to be serviceable in accordance
with paragraphs (g)(3)(i) and (ii) or paragraph (h) of this AD.
    (i) Has been tested in accordance with Section 3 of the
Accomplishment Instructions of Kidde Aerospace and Defense Service
Bulletin CFD-26-5 and found to be serviceable; and
    (ii) Has been marked on one face of its connector hex nut and is
packaged in accordance with Section 3.C. of the Accomplishment
Instructions--Identification Procedure of the Kidde Aerospace and
Defense Service Bulletin CFD-26-5.
    (4) Serviceable part: A sensing element that is not an affected
part.

(h) Testing

    Perform a test of the bleed air leak detection system sensing
elements to determine if they are serviceable, in accordance with
Section 2, Part A through Part F, of the Accomplishment Instructions
of MHI RJ Service Bulletin 601R-36-021, Revision D, dated May 25,
2022, for Group 1 airplanes; and Section 2, Part A through Part M,
of the Accomplishment Instructions of MHI RJ Service Bulletin 670BA-
36-025, Revision C, dated May 25, 2022, for Group 2 airplanes;
within the applicable compliance time indicated in figure 1 to
paragraph (h) of this AD.

Figure 1 to Paragraph (h)--Compliance Time
[GRAPHIC] [TIFF OMITTED] TP18NO22.708

(i) Replacement

    (1) For Group 1 airplanes: If any sensing element is found not
serviceable during the tests required by paragraph (h) of this AD,
before further flight, replace the sensing element with a
serviceable part in accordance with Section 2, Part A through Part
F, as applicable, of the Accomplishment Instructions of MHI RJ
Service Bulletin 601R-36-021, Revision D, dated May 25, 2022.
    (2) For Group 2 airplanes: If any sensing element is found not
serviceable during the tests required by paragraph (h) of this AD,
before further flight, unless deferred in accordance with paragraph
(j) of this AD, replace the sensing element with a serviceable part
in accordance with Section 2, Part A through Part M, as applicable,
of the Accomplishment Instructions of MHI RJ Service Bulletin 670BA-
36-025, Revision C, dated May 25, 2022.

(j) Deferred Replacement for Group 2 Airplanes

    The replacement of an affected part with a serviceable part for
Group 2 airplanes, as required by paragraph (i)(2) of this AD, may
be deferred up to a maximum of 10 days under the conditions
specified in paragraphs (j)(1) or (2) of this AD.
    (1) A single bleed air leak detection loop (loop A or loop B)
sensing element for a given Part (Part A through Part M of MHI RJ
Service Bulletin 670BA-36-025, Revision C, dated May 25, 2022) is
found not serviceable, provided that the conditions specified in
paragraphs (j)(1)(i) through (iv) of this AD have been satisfied.
    (i) The remaining operative bleed air leak detection loop (loop
A or loop B) sensing elements have been tested and found to be
serviceable in accordance with paragraph (h) of this AD.
    (ii) The applicable maintenance procedures of Appendix C, dated
March 14, 2022, of MHI RJ Service Bulletin 670BA-36-025, Revision C,
dated May 25, 2022, to deactivate the defective sensing element are
accomplished prior to operation of the airplane with the defective
sensing element inoperative.
    (iii) A placard has been installed on the BLEED AIR control
panel in accordance with Section 2, Part A through Part M, as
applicable, of the Accomplishment Instructions of MHI RJ Service
Bulletin 670BA-36-025, Revision C, dated May 25, 2022.
    (iv) All flightcrew have been advised that the airplane is
dispatched with one out of two bleed air leak detection loops
inoperative.

    (2) Both bleed air leak detection loop A and loop B sensing
elements for a given part (Part A through Part M of MHI RJ Service
Bulletin 670BA-36-025, Revision C, dated May 25, 2022) are found not
serviceable, provided that the conditions specified in paragraphs
(j)(2)(i) through (iv) of this AD have been satisfied.
    (i) The applicable maintenance procedures of Appendix C, dated
March 14, 2022, of MHI RJ Service Bulletin 670BA-36-025, Revision C,
dated May 25, 2022, to deactivate the defective sensing elements are
accomplished prior to operation of the airplane with the defective
sensing elements inoperative.
    (ii) The applicable instructions and limitations of the
operator's existing FAA-approved Minimum Equipment List (MEL) item
36-21-06, sub-item 1, 2, or 3, as applicable, in accordance with
Section 2, Part A through Part M, of the Accomplishment Instructions
of MHI RJ Service Bulletin 670BA-36-025, Revision C, dated May 25,
2022, are accomplished prior to operation of the airplane with the
defective sensing elements inoperative.
    (iii) A placard has been installed on the BLEED AIR control
panel in accordance with Section 2, Part A through Part M, as
applicable, of the Accomplishment Instructions of MHI RJ Service
Bulletin 670BA-36-025, Revision C, dated May 25, 2022.
    (iv) All flightcrew have been advised that the airplane is
dispatched with both bleed air leak detection loops inoperative.

(k) Parts Installation Prohibition

    As of the effective date of this AD, no person may install an
affected part on any airplane.

(l) Credit for Previous Actions

    This paragraph provides credit for actions required by
paragraphs (h), (i), and (j) of this AD, if those actions were
performed before the effective date of this AD using the service
information specified in paragraphs (l)(1) and (2) of this AD. For
performing the actions specified in the service information for the
Group 1 airplanes: If the sensing element was found not serviceable,
replacement is required before further flight; deferred replacement
of an affected part is prohibited. For performing the actions
specified in the service information for the Group 2 airplanes: If
the sensing element was found not serviceable, deferred replacement
of the affected part is acceptable, as specified in paragraph (j) of
this AD.
    (1) For Group 1 airplanes:
    (i) MHI RJ Service Bulletin 601R-36-021, dated July 5, 2021.
    (ii) MHI RJ Service Bulletin 601R-36-021, Revision A, dated
October 21, 2021.
    (iii) MHI RJ Service Bulletin 601R-36-021, Revision B, dated
December 2, 2021.
    (iv) MHI RJ Service Bulletin 601R-36-021, Revision C, dated
March 14, 2022.
    (2) For Group 2 airplanes:
    (i) MHI RJ Service Bulletin 670BA-36-025, dated July 5, 2021.
    (ii) MHI RJ Service Bulletin 670BA-36-025, Revision A, dated
October 21, 2021.
    (iii) MHI RJ Service Bulletin 670BA-36-025, Revision B, dated
March 14, 2022.

(m) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or responsible Flight Standards Office, as appropriate. If
sending information directly to the manager of the New York ACO
Branch, mail it to ATTN: Program Manager, Continuing Operational
Safety, at the address identified in paragraph (n)(2) of this AD or
email to: [email protected]. If mailing information, also
submit information by email. Before using any approved AMOC, notify
your appropriate principal inspector, or lacking a principal
inspector, the manager of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or MHI RJ
Aviation ULC's TCCA Design Approval Organization (DAO). If approved
by the DAO, the approval must include the DAO-authorized signature.

(n) Additional Information

    (1) Refer to Transport Canada Civil Aviation (TCCA) AD CF-2022-
16R1, dated July 5, 2022, for related information. This TCCA AD may
be found in the AD docket at regulations.gov under Docket No. FAA-
2022-1474.
    (2) For more information about this AD, contact Thomas Niczky,
Aerospace Engineer, Avionics & Electrical Systems Section, FAA, New
York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; email [email protected].

(o) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) MHI RJ Service Bulletin 601R-36-021, Revision D, dated May
25, 2022.
    (ii) MHI RJ Service Bulletin 670BA-36-025, Revision C, dated May
25, 2022.
    (3) For service information identified in this AD, contact MHI
RJ Aviation Group, Customer Response Center, 3655 Ave. des Grandes-
Tourelles, Suite 110, Boisbriand, Qu[eacute]bec J7H 0E2 Canada;
North America toll-free telephone<PHONE_NUMBER> or direct-dial
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email mhirj.com">[email protected]mhirj.com;
website mhirj.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on November 9, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-25117 Filed 11-17-22; 8:45 am]
BILLING CODE 4910-13-P


Therefore, a comment to OMB is best assured of having its full effect
if OMB receives it within 30 days of publication. The final rule will
respond to any OMB or public comments on the information collection
requirements contained in this proposal.
    FRA is not authorized to impose a penalty on persons for violating
information collection requirements which do not display a current OMB
control number, if required. FRA intends to obtain current OMB control
numbers for any new information collection requirements resulting from
this rulemaking action prior to the effective date of the final rule.
The OMB control number, when assigned, will be announced by separate
notice in the Federal Register.

D. Environmental Impact

    FRA has evaluated this proposed rule in accordance with the
National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et seq.);
FRA's regulations implementing NEPA; and other environmental statutes,
Executive Orders, and related regulatory requirements. FRA has
determined that this proposed rule does not require the the preparation
of an environmental impact statement or environmental assessment
because it is categorically excluded from detailed environmental review
pursuant to 23 CFR 771.116(c)(15), covering, in part, the promulgation
of rules.
    In addition, in accordance with 23 CFR 771.116(b), the agency has
further concluded that no unusual

circumstances exist with respect to this proposed rule that might
trigger the need for a more detailed environmental review. As a result,
FRA finds that this proposed rule is not a major Federal action
significantly affecting the quality of the human environment.

E. Federalism Implications

    E.O. 13132, ``Federalism'' (64 FR 43255, Aug. 10, 1999), requires
FRA to develop an accountable process to ensure ``meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications.'' ``Policies that have
federalism implications'' are defined in the Executive Order to include
regulations that have ``substantial direct effects on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government.'' Under E.O. 13132, the agency may not issue a
regulation with federalism implications that imposes substantial direct
compliance costs and that is not required by statute, unless the
Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments or the agency
consults with State and local government officials early in the process
of developing the regulation. Where a regulation has federalism
implications and preempts State law, the agency seeks to consult with
State and local officials in the process of developing the regulation.
    FRA has analyzed this proposed rule in accordance with the
principles and criteria contained in E.O. 13132. This proposed rule
generally codifies existing waivers or makes technical amendments to
existing FRA regulations. FRA has determined that this final rule has
no federalism implications, other than the possible preemption of state
laws under 49 U.S.C. 20106. Therefore, the consultation and funding
requirements of E.O. 13132 do not apply, and preparation of a
federalism summary impact statement for the proposed rule is not
required.

F. Unfunded Mandates Reform Act of 1995

    Pursuant to section 201 of the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4, 2 U.S.C. 1531), each Federal agency shall, unless
otherwise prohibited by law, assess the effects of Federal regulatory
actions on State, local, and tribal governments, and the private sector
(other than to the extent that such regulations incorporate
requirements specifically set forth in law). Section 202 of the Act (2
U.S.C. 1532) further requires that before promulgating any general
notice of proposed rulemaking that is likely to result in the
promulgation of any rule that includes any Federal mandate that may
result in expenditure by State, local, and tribal governments, in the
aggregate, or by the private sector, of $100,000,000 or more (adjusted
annually for inflation) in any 1 year, and before promulgating any
final rule for which a general notice of proposed rulemaking was
published, the agency shall prepare a written statement detailing the
effect on State, local, and tribal governments and the private sector.
This proposed rule would not result in such an expenditure, and thus
preparation of such a statement is not required.

G. Energy Impact

    E.O. 13211 requires Federal agencies to prepare a Statement of
Energy Effects for any ``significant energy action.'' 66 FR 28355, May
22, 2001. FRA evaluated this proposed rule in accordance with E.O.
13211 and determined that this regulatory action is not a ``significant
energy action'' within the meaning of the E.O.
    E.O. 13783, ``Promoting Energy Independence and Economic Growth,''
requires Federal agencies to review regulations to determine whether
they potentially burden the development or use of domestically produced
energy resources, with particular attention to oil, natural gas, coal,
and nuclear energy resources. See 82 FR 16093, March 31, 2017. FRA
determined this proposed rule would not burden the development or use
of domestically produced energy resources.

H. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, to www.regulations.gov, as described in the
system of records notice, DOT/ALL-14 FDMS, accessible through
www.dot.gov/privacy. In order to facilitate comment tracking and
response, we encourage commenters to provide their name, or the name of
their organization; however, submission of names is completely
optional. Whether or not commenters identify themselves, all timely
comments will be fully considered. If you wish to provide comments
containing proprietary or confidential information, please contact the
agency for alternate submission instructions.

List of Subjects

49 CFR Part 218

    Occupational safety and health, Penalties, Railroad employees,
Railroad safety, and Reporting and recordkeeping requirements.

49 CFR Part 221

    Railroad safety.

49 CFR Part 232

    Incorporation by reference, Power brakes, Railroad safety,
Securement, Two-way end of train devices.

The Proposed Rule

    For the reasons discussed in the preamble, FRA proposes to amend
parts 218, 221, and 232 of chapter II, subtitle B of title 49, Code of
Federal Regulations as follows:

PART 218--RAILROAD OPERATING PRACTICES

0
1. The authority citation for part 218 is revised to read as follows:

    Authority: 49 U.S.C. 20103, 20107, 20131, 20138, 20144, 20168,
28 U.S.C. 2461, note; and 49 CFR 1.89.

0
2. Amend Sec.  218.22 by revising paragraph (c) introductory text and
paragraph (c)(5) to read as follows:

Sec.  218.22  Utility employee.

* * * * *
    (c) A utility employee may be assigned to and serve as a member of
a train or yard crew without the protection otherwise required by
subpart B of part 218 of this chapter only under the following
conditions:
* * * * *
    (5) The utility employee is performing one or more of the following
functions: Set or release hand brakes; couple or uncouple air hoses and
other electrical or mechanical connections; prepare rail cars for
coupling; set wheel blocks or wheel chains; conduct air brake tests to
include cutting air brake components in or out and position retaining
valves; inspect, test, install, remove or replace a rear end marking
device or end of train device; or change batteries on the rear-end
marking device or the end-of-train device if the change may be
accomplished without the use of tools. Under all other circumstances, a
utility employee working on, under, or between railroad rolling
equipment must be provided with blue signal protection in accordance
with Sec. Sec.  218.23 through 218.30 of this part.
* * * * *

PART 221--REAR END MARKING DEVICE--PASSENGER, COMMUTER AND FREIGHT
TRAINS

0
3. The authority citation for part 221 is revised to read as follows:

    Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49
CFR 1.89.

0
4. Amend Sec.  221.13 by revising paragraph (d) to read as follows:

Sec.  221.13  Marking device display.

* * * * *
    (d) The centroid of the marking device must be located at a minimum
of 40 inches above the top of the rail.
0
5. Amend appendix A to part 221 by revising paragraphs (a)(2)(ii) and
(b)(3)(ii) to read as follows:

Appendix A Procedures for Approval of Rear End Marking Devices

* * * * *
    (a) * * *
    (2) * * *
    (ii) The results of the tests performed under paragraph (i) of this
subsection demonstrate marking device performance in compliance with
the standard prescribed in 49 CFR 221.15;
* * * * *
    (b) * * *
    (3) * * *
    (ii) The results of the tests performed under paragraph (i) of this
subsection demonstrate marking device performance in compliance with
the standard prescribed in 49 CFR 221.15;
* * * * *

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

0
6. The authority citation for part 232 is revised to read as follows:

    Authority: 49 U.S.C. 20102-20103, 20107, 20133, 20141, 20301-
20303, 20306, 21301-20302, 21304; 28 U.S.C. 2461, note; and 49 CFR
1.89.

0
7. Amend Sec.  232.1 by revising paragraphs (b) and (c) and removing
paragraph (d).
    The revisions read as follows:

Sec.  232.1  Scope.

* * * * *
    (b) Except as otherwise specifically provided in this paragraph or
in this part, railroads to which this part applies must comply with all
the requirements contained in this part.
    (c) Except for operations identified in Sec.  232.3(c)(1), (4), and
(6) through (8), all railroads part of the general railroad system of
transportation must operate pursuant to the requirements in subpart H
of this part (which contains the requirements in this part 232 as they
existed on May 31, 2001), until they are either required to operate
pursuant to the requirements contained in this part or the requirements
contained in part 238 of this chapter.
0
8. Amend Sec.  232.3 by revising paragraph (c) introductory text as
follows:

Sec.  232.3  Applicability.

* * * * *
    (c) Except as provided in Sec.  232.1(c) and paragraph (b) of this
section, this part does not apply to:
* * * * *
0
9. Amend Sec.  232.5 by revising the definition of Air Flow Indictor,
AFM and adding definitions for Air repeater unit and APTA in
alphabetical order to read as follows:

Sec.  232.5  Definitions.

* * * * *
    Air Flow Method Indicator, AFM means a calibrated air flow
measuring device used as required by the air flow method (AFM) of
qualifying train air brakes and with information clearly and legibly
displayed in analog or digital format and visible in daylight and
darkness from the engineer's normal operating position. Each AFM
indicator includes:
    (1) Markings from 10 to 80 cubic feet per minute (CFM), in
increments of 10 CFM or less; and
    (2) Numerals indicating 20, 40, 60, and 80 CFM for continuous
monitoring of air flow.
    Air repeater unit means a car, container, or similar device that
provides an additional brake pipe air source by responding to air
control instructions from a controlling locomotive using a
communication system such as a distributed power system.
    APTA means the American Public Transportation Association.
* * * * *
0
10. Amend Sec.  232.11 by revising paragraph (a) to read as follows:

Sec.  232.11   Penalties.

    (a) Any person (including but not limited to a railroad; any
manager, supervisor, official, or other employee or agent of a
railroad; any owner, manufacturer, lessor, or lessee of railroad
equipment, track, or facilities; any employee of such owner,
manufacturer, lessor, lessee, or independent contractor) who violates
any requirement of this part or causes the violation of any such
requirement is subject to a civil penalty of at least the minimum civil
monetary penalty and not more than the ordinary maximum civil monetary
penalty per violation, except that: Penalties may be assessed against
individuals only for willful violations, and, where a grossly negligent
violation or a pattern of repeated violations has created an imminent
hazard of death or injury to individuals, or has caused death or
injury, a penalty not to exceed the aggravated maximum civil monetary
penalty per violation may be assessed. See 49 CFR part 209, appendix A.
Each day a violation continues shall constitute a separate offense.
FRA's website at www.fra.dot.gov contains a schedule of civil penalty
amounts used in connection with this part.
* * * * *

Sec.  232.103  General requirements for all train brake systems.

0
11. Amend Sec.  232.103 by revising paragraph (l) to read as follows:
* * * * *
    (l) Except as otherwise provided in this part, all equipment used
in freight or other non-passenger trains must, at a minimum, meet the
Association of American Railroads (AAR) Standard S-469-01,
``Performance Specification for Freight Brakes,'' contained in the AAR
Manual of Standards and Recommended Practices, Section E (January 1,
2006). The Director of the Federal Register approves this incorporation
by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You
may obtain a copy from the Association of American Railroads, 425 Third
Street SW, Washington, DC 20024, telephone:<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>website: https://aarpublications.com. You may
inspect a copy of the document at the Federal Railroad Administration,
Docket Clerk, 1200 New Jersey Avenue SE, Washington, DC 20590
(telephone:<PHONE_NUMBER>) or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, email<EMAIL_ADDRESS>or go to:
www.archives.gov/federal-register/cfr/ibr-locations.html.
* * * * *
0
12. Amend Sec.  232.205 by revising paragraphs (a)(3), (b)(1), (b)(2),
(c)(1)(ii)(B), (c)(1)(iii) through (v), and (e) to read as follows:

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

    (a) * * *
    (3) A location where the train is off-air for a period of more than
24 hours.
    (b) * * *
    (1) The solid block of cars is comprised of cars from a single
previous train, the cars of which have previously

received a Class I brake test and have remained continuously and
consecutively coupled together with the train line remaining connected,
other than for removing defective equipment, since being removed from
its previous train and have not been off-air for more than 24 hours; or
    (2) The solid block of cars is comprised of cars from a single
previous train, the cars of which were required to be separated into
multiple solid blocks of cars due to space or trackage constraints at a
particular location when removed from the previous train, provided the
cars have previously received a Class I brake test, have not been off-
air more than 24 hours, and the cars in each of the multiple blocks of
cars have remained continuously and consecutively coupled together with
the train line remaining connected, except for the removal of defective
equipment. Furthermore, these multiple solid blocks of cars shall be
added to a train in the same relative order (no reclassification) as
when removed from the previous train, except for the removal of
defective equipment.
    (c) * * *
    (1) * * *
    (ii) * * *
    (B) Use a calibrated AFM indicator to measure air flow. A train
equipped with at least one distributed power unit or an air repeater
unit providing a source of brake pipe control air from two or more
locations must not exceed a combined flow of 90 cubic feet per minute
(CFM). Otherwise, the air flow must not exceed 60 CFM. Railroads must
develop and implement operating rules to ensure compliant operation of
a train if air flow exceeds these parameters after the Class I brake
test is completed.
    (iii) The AFM indicator must be calibrated for accuracy at periodic
intervals not to exceed 92 days. The AFM indicator and all test
orifices must be calibrated at temperatures of not less than 20 degrees
Fahrenheit. AFM indicators must be accurate to within 3
standard cubic feet per minute (CFM) at 60 CFM air flow.
    (iv) For each AFM indicator, its last date of calibration must be
recorded and certified on Form F6180-49A.
    (v) An AFM indicator not incompliance with this part must:
    (A) Not be used, including in the performance of a leakage test or
to aid in the control or braking of the train;
    (B) Be tagged in accordance with Sec.  232.15(b) and include text
that it is ``inoperative'' or ``overdue''; and
    (C) Be placed with its tag in a conspicuous location of the
controlling locomotive cab.
* * * * *
    (e) A railroad must notify the locomotive engineer that the Class I
brake test was satisfactorily performed, whether the equipment to be
hauled in his train has been off-air for a period of more than 24
hours, and provide the information required in this paragraph to the
locomotive engineer or place the information in the cab of the
controlling locomotive following the test. The information required by
this paragraph may be provided to the locomotive engineer by any means
determined appropriate by the railroad; however, a written or
electronic record of the information must be retained in the cab of the
controlling locomotive until the train reaches its destination. The
written or electronic record must contain the date, time, number of
freight cars inspected, and identify the qualified person(s) performing
the test and the location where the Class I brake test was performed.
* * * * *
0
13. Amend Sec.  232.209 by revising paragraph (a) introductory text and
paragraph (a)(1) to read as follows:

Sec.  232.209  Class II brake tests--intermediate inspection.

    (a) At a location other than the initial terminal of a train, a
Class II brake test must be performed by a qualified person, as defined
in Sec.  232.5, on the following equipment when added to a train:
    (1) Each car or solid block of cars, as defined in Sec.  232.5,
that has not previously received a Class I brake test or that has been
off-air for more than 24 hours;
* * * * *
0
14. Amend Sec.  232.211 by revising paragraphs (a)(3) through (5) to
read as follows:

Sec.  232.211  Class III brake tests-trainline continuity inspection.

    (a) * * *
    (3) At a point, other than the initial terminal for the train,
where a car or a solid block of cars that is comprised of cars from
only one previous train the cars of which: (i) Have remained
continuously and consecutively coupled together with the trainline
remaining connected, other than for removing defective equipment, since
being removed from its previous train that has previously received a
Class I brake test; and (ii) that has not been off-air for more than 24
hours is added to a train;
    (4) At a point, other than the initial terminal for the train,
where a solid block of cars that is comprised of cars from a single
previous train is added to a train, provided: (i) The solid block of
cars was required to be separated into multiple solid blocks of cars
due to space or trackage constraints at a particular location when
removed from the previous train; (ii) the cars have previously received
a Class I brake test; (iii), have not been off-air more than 24 hours;
and (iv) the cars in each of the multiple blocks of cars have remained
continuously and consecutively coupled together with the train line
remaining connected, except for the removal of defective equipment.
Furthermore, these multiple solid blocks of cars must be added to the
train in the same relative order (no reclassification) as when removed
from the previous train, except for the removal of defective equipment;
or
    (5) At a point, other than the initial terminal for the train,
where a car or a solid block of cars that has received a Class I or
Class II brake test at that location, prior to being added to the
train, and that has not been off-air for more than 24 hours, is added
to a train.
* * * * *
0
15. Amend Sec.  232.213 by:
0
a. Revising paragraph (a)(5);
0
b. Revising paragraphs (a)(6)(i) and (ii); and
0
c. Adding paragraph (a)(8).
    The revisions, removals, and addition read as follows:

Sec.  232.213  Extended haul trains.

    (a) * * *
    (5) The train must have no more than one pick-up and one set-out en
route, except for the set-out of defective equipment pursuant to the
requirements of this chapter. Cars added to the train en route must be
inspected pursuant to the requirements contained in paragraphs (a)(2)
through (5) of this section at the location where they are added to the
train.
    (6) * * *
    (i) If the train will move 1,000 miles or less from that location
before receiving a Class IA brake test or reaching destination, a Class
I brake test must be conducted pursuant to Sec.  232.205 to ensure 100
percent effective and operative brakes.
    (ii) If the train will move greater than 1,000 miles from that
location without another brake inspection, the train must be identified
as an extended haul train for that movement and must meet all the
requirements contained in paragraphs (a)(1) through (5) of this
section. Such trains must receive a Class I brake test pursuant to
Sec.  232.205 by a qualified mechanical inspector to ensure 100 percent
effective and operative brakes, a freight car inspection pursuant to
part 215 of this chapter by an inspector designated under Sec.  215.11
of this chapter, and all cars containing non-

complying conditions under part 215 of this chapter must either be
repaired or removed from the train.
* * * * *
    (8) In the event of an emergency that alters normal train
operations, such as a derailment or other unusual circumstance that
adversely affects the safe operation of the train, the railroad is not
required to provide prior written notification of a change in the
location where an extended haul brake test is performed to a location
not on the railroad's list of designated locations for performing
extended haul brake tests, provided that the railroad notifies FRA's
Associate Administrator for Safety and the pertinent FRA Regional
Administrator within 24 hours after the designation has been changed
and the reason for that change.
* * * * *
0
16. Amend Sec.  232.217 by revising paragraph (c)(1) to read as
follows:

Sec.  232.217  Train brake tests conducted using yard air.

* * * * *
    (c) * * *
    (1) If the cars are off-air for more than 24 hours, the cars must
be retested in accordance with Sec.  232.205(c) through (f).
* * * * *
0
17. Amend Sec.  232.219 by adding paragraph (d) to read as follows:

Sec.  232.219  Double heading and helper service.

* * * * *
    (d) As an alternative to paragraph (c), when helping trains
equipped with distributed power or ECP brakes on the rear of the train,
and utilizing a Helper Link device or a similar technology, a properly
installed and tested end-of-train device may be utilized on the helper
locomotive. Railroads must adopt and comply with an operating rule
consistent with this section to ensure the safe use of this alternative
procedure.
0
18. Amend Sec.  232.305 by revising paragraphs (a) and (b)(2) and
adding paragraph (f) to read as follows:

Sec.  232.305  Single car air brake tests.

    (a) Single car air brake tests must be performed by a qualified
person in accordance with either Section 3.0, ``Tests-Standard Freight
Brake Equipment,'' and Section 4.0, ``Special Tests,'' AAR Standard S-
486-18; Section 3.0, ``Single-Car Test Requirements,'' Section 4.0,
``Special Tests,'' and Section 13.0 ``4-Pressure Single-Car Test
Requirements,'' AAR Standard S-4027-18; an alternative procedure
approved by FRA pursuant to Sec.  232.17; or a modified procedure
approved in accordance with the provisions contained in Sec.  232.307.
    (b) * * *
    (2) A car is on a shop or repair track, as defined in Sec.
232.303(a), for any reason and has not received either: A manual single
car air brake test (AAR Standard S-486) within the previous 12-month
period; an automated single car air brake test (AAR Standard S-4027
Sec. Sec.  3.0 and 4.0) within the previous 24-month period; or a 4-
pressure single car air brake test (AAR Standard S-4027 Sec.  13.0)
within the previous 48-month period;
* * * * *
    (f) The Director of the Federal Register approves the incorporation
by reference of the standards required in this section into this
section in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may
inspect a copy of the material at the Federal Railroad Administration,
Docket Clerk, 1200 New Jersey Avenue SE, Washington, DC 20590
(telephone:<PHONE_NUMBER>). You may also inspect the material at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, email<EMAIL_ADDRESS>
or go to: www.archives.gov/federal-register/cfr/ibr-locations.html. You
may obtain the material from the following source(s):
    (1) Association of American Railroads (AAR), 425 Third Street SW,
Washington, DC 20024, telephone:<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>website: https://aarpublications.com.
    (i) AAR Standard S-486-18, ``Code of Air Brake System Tests for
Freight Equipment,'' 2018.
    (ii) AAR Standard S-4027-18, ``Automated Single-Car Test Equipment,
Conventional Brake Equipment--Design and Performance Requirements,''
2018.
    (2) [Reserved]
0
19. Amend Sec.  232.403 by:
0
a. Revising paragraph (d)(6);
0
b. Removing paragraph (f)(4)(iii),
0
c, Revising paragraphs (f)(4)(ii), and (g)(2); and
0
d. Adding paragraph (g)(3).
    The revisions and additions read as follows:

Sec.  232.403  Design standards for one-way end-of-train devices.

* * * * *
    (d) * * *
    (6) During a shock of 10 g. peak for 0.01 seconds in any axis.
* * * * *
    (f) * * *
    (4) * * *
    (ii) During a shock of 10 g. peak for 0.01 seconds in any axis.
    (g) * * *
    (2) If power is supplied by one or more batteries only, the
operating life must be a minimum of 36 hours at 0 [deg]C.
    (3) If power is supplied primarily by an air-powered generator, a
backup battery is required with a minimum of 12 hours continuous power
at 0 [deg]C in the event the air-powered generator stops functioning as
intended.
0
20. Amend Sec.  232.407 by revising paragraph (f)(2) to read as
follows:

Sec.  232.407  Operations requiring use of two-way end-of-train
devices; prohibition on purchase of nonconforming devices.

* * * * *
    (f) * * *
    (2) The rear unit batteries must be sufficiently charged at the
initial terminal or other point where the device is installed and
throughout the train's trip to ensure that the end-of-train device will
remain operative until the train reaches its destination. Air-powered
generator equipped devices must be tested for residual charge at
installation before initiating generator operation.
* * * * *
0
21. Amend Sec.  232.409 by revising paragraph (d) and adding paragraph
(e) to read as follows:

Sec.  232.409  Inspection and testing of end-of-train devices.

* * * * *
    (d) The telemetry equipment must be tested for accuracy and
calibrated if necessary according to the manufacturer's specifications
and procedures. If the manufacturer's specifications requires periodic
calibration of the telemetry equipment, the date and location of the
last calibration or test and the name or unique employee identifier of
the person performing the calibration or test must be legibly displayed
on a weather-resistant sticker affixed to the outside of both the front
unit and the rear unit; however, if the front unit is an integral part
of the locomotive or is inaccessible, then the information may be
recorded on Form FRA F6180-49A instead, provided that the serial number
of the unit is recorded.
    (e) The air pressure sensor contained in the end-of-train device
must be tested at an interval not to exceed 368 calendar days, as
specified in Sec.  229.27(b). The date and location of the test and the
name or unique employee identifier of the person performing the test
must be legibly displayed on a weather-resistant marking device affixed
to the outside of the unit.
0
22. Amend Sec.  232.603 by revising paragraphs (a), (d)(1), and (f) and
adding paragraph (g) to read as follows:

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

    (a) General. A freight car or freight train equipped with an ECP
brake system must, at a minimum, meet the Association of American
Railroads (AAR) standards contained in the AAR Manual of Standards and
Recommended Practices related to ECP brake systems listed in paragraph
(g) of this section; an alternate standard approved by FRA pursuant to
Sec.  232.17; or a modified standard approved in accordance with the
provisions contained in paragraph (f) of this section.
* * * * *
    (d) * * *. (1) A freight car or freight train equipped with a
standalone ECP brake system is excepted from the requirement in Sec.
232.103(l) referencing AAR Standard S-469-01, ``Performance
Specification for Freight Brakes.''
    * * *
    (f) Incorporation by reference. The Director of the Federal
Register approves the incorporation by reference of the standards
required in this section into this section in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. You may inspect a copy at the Federal
Railroad Administration, 1200 New Jersey Avenue SE, Washington, DC,
202-493-6300 or at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA,
email<EMAIL_ADDRESS>or go to: www.archives.gov/federal-register/cfr/ibr-locations.html. You may obtain the material from the
following source(s):
    (1) Association of American Railroads, 425 Third Street SW,
Washington, DC 20024, telephone:<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>website: https://aarpublications.com.
    (i) AAR S-4200, ``Electronically Controlled Pneumatic (ECP) Cable-
Based Brake Systems--Performance Requirements,'' (Revised 2014).
    (ii) AAR S-4210, ``ECP Cable-Based Brake System Cable, Connectors,
and Junction Boxes--Performance Specifications,'' (Revised 2014).
    (iii) AAR S-4220, ``ECP Cable-Based Brake DC Power Supply--
Performance Specification,'' Version 2.0 (Revised 2002).
    (iv) AAR S-4230, ``Intratrain Communication (ITC) Specification for
Cable-Based Freight Train Control System,'' Version 3.0 (Revised 2014).
    (v) AAR S-4240, ``ECP Brake Equipment--Approval Procedure''
(Adopted 2007).
    (vi) AAR S-4250, ``Performance Requirements for ITC Controlled
Cable-Based Distributed Power Systems,'' Version 2.0 (Revised 2014).
    (vii) AAR S-4260, ``ECP Brake and Wire Distributed Power
Interoperability Test Procedures'' (Revised 2008).
    (viii) AAR S-4270, ``ECP Brake System Configuration Management''
(Adopted: 2008).
    (2) [Reserved]
    (g) Modification of standards. The AAR or other authorized
representative of the railroad industry may seek modification of the
industry standards identified in or approved pursuant to paragraph (f)
of this section. The request for modification will be handled and shall
be submitted in accordance with the modification procedures contained
in Sec.  232.307.
0
23. Add subpart H to read as follows:

Subpart H--Tourist, Scenic, Historic, and Excursion Operations
Braking Systems

Sec.
232.700 Applicability.
232.701 Power brakes; minimum percentage.
232.702 Drawbars; standard height.
232.703 Power brakes and appliances for operating power-brake
systems.
232.710 General rules; locomotives.
232.711 Train air brake system tests.
232.712 Initial terminal road train airbrake tests.
232.713 Road train and intermediate terminal train air brake tests.
232.714 Inbound brake equipment inspection.
232.715 Double heading and helper service.
232.716 Running tests.
232.717 Freight and passenger train car brakes.
232.719 End of train device.

Sec.  232.700  Applicability.

    (a) Except as provided in paragraph (b), this subpart applies to
standard gage railroads.
    (b) This subpart does not apply to:
    (1) A railroad that operates only on track inside an installation
which is not part of the general railroad system of transportation; or
    (2) Rapid transit operations in an urban area that are not
connected with the general railroad system of transportation.
    (c) As used in this subpart, carrier means ``railroad,'' as that
term is defined by 49 CFR 232.5

Sec.  232.701  Power brakes; minimum percentage.

    On and after September 1, 1910, on all railroads used in interstate
commerce, whenever, as required by the Safety Appliance Act as amended
March 2, 1903, any train is operated with power or train brakes, not
less than 85 percent of the cars of such train shall have their brakes
used and operated by the engineer of the locomotive drawing such train,
and all power-brake cars in every such train which are associated
together with the 85 percent shall have their brakes so used and
operated.

Sec.  232.702  Drawbars; standard height.

    Not included in this subpart. Moved to 49 CFR part 231.

Sec.  232.703  Power brakes and appliances for operating power-brake
systems.

    Requirements are contained in 49 CFR 232.103(l).

Rules for Inspection, Testing and Maintenance of Air Brake Equipment

Sec.  232.710  General rules; locomotives.

    (a) Air brake and hand brake equipment on locomotives including
tender must be inspected and maintained in accordance with the
requirements of the Locomotive Inspection and United States Safety
Appliance Acts and related orders and regulations of the Federal
Railroad Administrator (FRA).
    (b) It must be known that air brake equipment on locomotives is in
a safe and suitable condition for service.
    (c) Compressor or compressors must be tested for capacity by
orifice test as often as conditions require but not less frequently
than required by law and orders of the FRA.
    (d) Main reservoirs shall be subjected to tests periodically as
required by law and orders of the FRA.
    (e) Air gauges must be tested periodically as required by law and
orders of the FRA, and whenever any irregularity is reported. They
shall be compared with an accurate deadweight tester, or test gauge.
Gauges found inaccurate or defective must be repaired or replaced.
    (f)(1) All operating portions of air brake equipment together with
dirt collectors and filters must be cleaned, repaired and tested as
often as conditions require to maintain them in a safe and suitable
condition for service, and not less frequently than required by law and
orders of the FRA.
    (2) On locomotives so equipped, hand brakes, parts, and connections
must be inspected, and necessary repairs made as often as the service
requires, with date being suitably stenciled or tagged.
    (g) The date of testing or cleaning of air brake equipment and the
initials of the shop or station at which the work was done shall be
placed on a card displayed under transparent covering in the cab of
each locomotive unit.
    (h)(1) Minimum brake cylinder piston travel must be sufficient to
provide proper brake shoe clearance when brakes are released.

    (2) Maximum brake cylinder piston travel when locomotive is
standing must not exceed the following:

                        Table 1 to Paragraph (h)
------------------------------------------------------------------------
                                                                Inches
------------------------------------------------------------------------
Steam locomotives:
    Cam type of driving wheel brake.........................      3\1/2\
    Other types of driving wheel brakes.....................           6
    Engine truck brake......................................           8
    Engine trailer truck brake..............................           8
    Tender brake (truck mounted and tender bed mounted).....           8
    Tender brake (body mounted).............................           9
Locomotives other than steam:
    Driving wheel brake.....................................           6
    Swivel type truck brake with brakes on more than one               7
     truck operated by one brake cylinder...................
    Swivel type truck brake equipped with one brake cylinder           8
    Swivel type truck brake equipped with two or more brake            6
     cylinders..............................................
------------------------------------------------------------------------

    (i)(1) Foundation brake rigging, and safety supports, where used,
must be maintained in a safe and suitable condition for service.
Levers, rods, brake beams, hangars and pins must be of ample strength
and must not bind or foul in any way that will affect proper operation
of brakes. All pins must be properly applied and secured in place with
suitable locking devices. Brake shoes must be properly applied and kept
approximately in line with treads of wheels or other braking surfaces.
    (2) No part of the foundation brake rigging and safety supports
shall be closer to the rails than specified by law and orders of the
FRA.
    (j)(1) Main reservoir leakage: Leakage from main air reservoir and
related piping shall not exceed an average of 3 pounds per minute in a
test of three minutes' duration, made after the pressure has been
reduced 40 percent below maximum pressure.
    (2) Brake pipe leakage: Brake pipe leakage must not exceed 5 pounds
per minute after a reduction of 10 pounds has been made from brake pipe
air pressure of not less than 70 pounds.
    (3) Brake cylinder leakage: With a full service application of
brakes, and with communication to the brake cylinders closed, brakes
must remain applied not less than five minutes.
    (4) The main reservoir system of each unit shall be equipped with
at least one safety valve, the capacity of which shall be sufficient to
prevent an accumulation of pressure of more than 10 pounds per square
inch above the maximum setting of the compressor governor fixed by the
chief mechanical officer of the carrier operating the locomotive.
    (5) A suitable governor shall be provided that will stop and start
the air compressor within 5 pounds above or below the pressures fixed.
    (6) Compressor governor when used in connection with the automatic
air brake system shall be so adjusted that the compressor will start
when the main reservoir pressure is not less than 15 pounds above the
maximum brake-pipe pressure fixed by the rules of the carrier and will
not stop the compressor until the reservoir pressure has increased not
less than 10 pounds.
    (k) The communicating signal system on locomotives when used in
passenger service must be tested and known to be in a safe and suitable
condition for service before each trip.
    (l) Enginemen when taking charge of locomotives must know that the
brakes are in operative condition.
    (m) In freezing weather drain cocks on air compressors of steam
locomotives must be left open while compressors are shut off.
    (n) Air pressure regulating devices must be adjusted for the
following pressures:

                        Table 1 to Paragraph (n)
------------------------------------------------------------------------
                                                                Pounds
------------------------------------------------------------------------
Locomotives:
    (1) Minimum brake pipe air pressure:
        Road Service........................................          70
        Switch Service......................................          60
    (2) Minimum differential between brake pipe and main              15
     reservoir air pressures, with brake valve in running
     position...............................................
    (3) Safety valve for straight air brake.................       30-55
    (4) Safety valve for LT, ET, No. 8-EL, No. 14 El, No. 6-       30-68
     DS, No. 6-BL and No. 6-SL equipment....................
    (5) Safety valve for HSC and No. 24-RL equipment........       30-75
    (6) Reducing valve for independent or straight air brake       30-50
    (7) Self-lapping portion for electro-pneumatic brake              50
     (minimum full application pressure)....................
    (8) Self-lapping portion for independent air brake (full       30-50
     application pressure)..................................
    (9) Reducing valve for air signal.......................       40-60
    (10) Reducing valve for high-speed brake (minimum)......          50
Cars:
    (11) Reducing valve for high-speed brake................       58-62
    (12) Safety valve for PS, LN, UC, AML, AMU and AB-1-B          58-62
     air brakes.............................................
    (13) Safety valve for HSC air brake.....................       58-77
    (14) Governor valve for water raising system............          60
    (15) Reducing valve for water raising system............       20-30
------------------------------------------------------------------------

Sec.  232.711  Train air brake system tests.

    (a) Supervisors are jointly responsible with inspectors, enginemen
and trainmen for condition of train air brake and air signal equipment
on motive power and cars to the extent that it is possible to detect
defective equipment by required air tests.
    (b) Communicating signal system on passenger equipment trains must
be tested and known to be in a suitable condition for service before
leaving terminal.
    (c) Each train must have the air brakes in effective operating
condition, and at no time shall the number and location of operative
air brakes be less than permitted by Federal requirements. When piston
travel is in excess of 10 \1/2\ inches, the air brakes cannot be
considered in effective operating condition.
    (d) Condensation must be blown from the pipe from which air is
taken before connecting yard line or motive power to train.

Sec.  232.712  Initial terminal road train airbrake tests.

    (a)(1) Each train must be inspected and tested as specified in this
section by a qualified person at points -
    (i) Where the train is originally made up (initial terminal);
    (ii) Where train consist is changed, other than by adding or
removing a solid block of cars, and the train brake system remains
charged; and
    (iii) Where the train is received in interchange if the train
consist is changed other than by:
    (A) Removing a solid block of cars from the head end or rear end of
train;
    (B) Changing motive power;
    (C) Removing or changing the caboose; or
    (D) Any combination of the changes listed in paragraphs
(a)(1)(iii)(A), (B), and (C).
    (2) A qualified person participating in the test and inspection or
who has knowledge that it was made shall notify the engineer that the
initial terminal road train air brake test has been satisfactorily
performed. The qualified person shall provide the notification in
writing if the road crew will report for duty after the qualified
person goes off duty. The qualified person also shall provide the
notification in writing if the train that has been inspected is to be
moved in excess of 500 miles without being subjected to another test
pursuant to either this section or Sec.  232.713 of this part.
    (3) Where a carman is to perform the inspection and test under
existing or future collective bargaining agreement, in those
circumstances a carman alone will be considered a qualified person.
    (b) Each carrier shall designate additional inspection points not
more than 1,000 miles apart where intermediate inspection will be made
to determine that:
    (1) Brake pipe pressure leakage does not exceed five pounds per
minute;
    (2) Brakes apply on each car in response to a 20-pound service
brake pipe pressure reduction; and
    (3) Brake rigging is properly secured and does not bind or foul.
    (c) Train airbrake system must be charged to required air pressure,
angle cocks and cutout cocks must be properly positioned, air hose must
be properly coupled and must be in condition for service. An
examination must be made for leaks and necessary repairs made to reduce
leakage to a minimum. Retaining valves and retaining valve pipes must
be inspected and known to be in condition for service. If train is to
be operated in electro-pneumatic brake operation, brake circuit cables
must be properly connected.
    (d)(1) After the airbrake system on a freight train is charged to
within 15 pounds of the setting of the feed valve on the locomotive,
but to not less than 60 pounds, as indicated by an accurate gauge at
rear end of train, and on a passenger train when charged to not less
than 70 pounds, and upon receiving the signal to apply brakes for test,
a 15-pound brake pipe service reduction must be made in automatic brake
operations, the brake valve lapped, and the number of pounds of brake
pipe leakage per minute noted as indicated by brake pipe gauge, after
which brake pipe reduction must be increased to full service.
Inspection of the train brakes must be made to determine that angle
cocks are properly positioned, that the brakes are applied on each car,
that piston travel is correct, that brake rigging does not bind or
foul, and that all parts of the brake equipment are properly secured.
When this inspection has been completed, the release signal must be
given and brakes released and each brake inspected to see that all have
released.
    (2) When a passenger train is to be operated in electro-pneumatic
brake operation and after completion of test of brakes as prescribed by
paragraph (d)(1) of this section the brake system must be recharged to
not less than 90 pounds air pressure, and upon receiving the signal to
apply brakes for test, a minimum 20 pounds electro-pneumatic brake
application must be made as indicated by the brake cylinder gage.
Inspection of the train brakes must then be made to determine if brakes
are applied on each car. When this inspection has been completed, the
release signal must be given and brakes released and each brake
inspected to see that all have released.
    (3) When the locomotive used to haul the train is provided with
means for maintaining brake pipe pressure at a constant level during
service application of the train brakes, this feature must be cut out
during train airbrake tests.
    (e) Brake pipe leakage must not exceed 5 pounds per minute.
    (f)(1) At initial terminal piston travel of body-mounted brake
cylinders which is less than 7 inches or more than 9 inches must be
adjusted to nominally 7 inches.
    (2) Minimum brake cylinder piston travel of truck-mounted brake
cylinders must be sufficient to provide proper brake shoe clearance
when brakes are released. Maximum piston travel must not exceed 6
inches.
    (3) Piston travel of brake cylinders on freight cars equipped with
other than standard single capacity brake, must be adjusted as
indicated on badge plate or stenciling on car located in a conspicuous
place near the brake cylinder.
    (g) When test of airbrakes has been completed the engineman and
conductor must be advised that train is in proper condition to proceed.
    (h) During standing test, brakes must not be applied or released
until proper signal is given.
    (i)(1) When train airbrake system is tested from a yard test plant,
an engineer's brake valve or an appropriate test device shall be used
to provide increase and reduction of brake pipe air pressure or
electro-pneumatic brake application and release at the same or a slower
rate as with engineer's brake valve and yard test plant must be
connected to the end which will be nearest to the hauling road
locomotive.
    (2) When yard test plant is used, the train airbrakes system must
be charged and tested as prescribed by paragraphs (c) to (g) of this
section inclusive, and when practicable should be kept charged until
road motive power is coupled to train, after which, an automatic brake
application and release test of airbrakes on rear car must be made. If
train is to be operated in electro-pneumatic brake operation, this test
must also be made in electro-pneumatic brake operation before
proceeding.
    (3) If after testing the brakes as prescribed in paragraph (i)(2)
of this section the train is not kept charged until road motive power
is attached, the brakes must be tested as prescribed by paragraph
(d)(1) of this section and if

train is to be operated in electro-pneumatic brake operation as
prescribed by paragraph (d)(2) of this section.
    (j) Before adjusting piston travel or working on brake rigging,
cutout cock in brake pipe branch must be closed and air reservoirs must
be drained. When cutout cocks are provided in brake cylinder pipes,
these cutout cocks only may be closed and air reservoirs need not be
drained.

Sec.  232.713  Road train and intermediate terminal train air brake
tests.

    (a) Before motive power is detached or angle cocks are closed on a
passenger train operated in either automatic or electro-pneumatic brake
operation, except when closing angle cocks for cutting off one or more
cars from the rear end of train, automatic air brake must be applied.
After recouping, brake system must be recharged to required air
pressure and before proceeding and upon receipt of proper request or
signal, application and release tests of brakes on rear car must be
made from locomotive in automatic brake operation. If train is to be
operated in electro-pneumatic brake operation, this test must also be
made in electro-pneumatic brake operation before proceeding. Inspector
or trainman must determine if brakes on rear car of train properly
apply and release.
    (b) Before motive power is detached or angle cocks are closed on a
freight train, brakes must be applied with not less than a 20-pound
brake pipe reduction. After recoupling, and after angle cocks are
opened, it must be known that brake pipe air pressure is being restored
as indicated by a rear car gauge or device. In the absence of a rear
car gauge or device, an air brake test must be made to determine that
the brakes on the rear car apply and release.
    (c)(1) At a point other than an initial terminal where a locomotive
or caboose is changed, or where one or more consecutive cars are cut
off from the rear end or head end of a train with the consist otherwise
remaining intact, after the train brake system is charged to within 15
pounds of the feed valve setting on the locomotive, but not less than
60 pounds as indicated at the rear of a freight train and 70 pounds on
a passenger train, a 20-pound brake pipe reduction must be made and it
must be determined that the brakes on the rear car apply and release.
As an alternative to the rear car brake application and release test,
it shall be determined that brake pipe pressure of the train is being
reduced as indicated by a rear car gauge or device and then that brake
pipe pressure of the train is being restored as indicated by a rear car
gauge or device.
    (2) Before proceeding it must be known that brake pipe pressure as
indicated at rear of freight train is being restored.
    (3) On trains operating with electro-pneumatic brakes, with brake
system charged to not less than 70 pounds, test must be made to
determine that rear brakes apply and release properly from a minimum 20
pounds electro-pneumatic brake application as indicated by brake
cylinder gauge.
    (d)(1) At a point other than a terminal where one or more cars are
added to a train, after the train brake system is charged to not less
than 60 pounds as indicated by a gauge or device at the rear of a
freight train and 70 pounds on a passenger train. A brake test must be
made by a designated person as described in Sec.  232.712(a)(1) to
determine that brake pipe leakage does not exceed five (5) pounds per
minute as indicated by the brake pipe gauge after a 20-pound brake pipe
reduction has been made. After the test is completed, it must be
determined that piston travel is correct, and the train airbrakes of
these cars and on the rear car of the train apply and remain applied,
until the release signal is given. As an alternative to the rear car
brake application and release portion of the test, it shall be
determined that brake pipe pressure of the train is being reduced as
indicated by a rear car gauge or device and then that brake pipe
pressure of the train is being restored as indicated by a rear car
gauge or device. Cars added to a train that have not been inspected in
accordance with Sec.  232.712 (c) through (j) must be so inspected and
tested at the next terminal where facilities are available for such
attention.
    (2)(i) At a terminal where a solid block of cars, which has been
previously charged and tested as prescribed by Sec.  232.712 (c)
through (j), is added to a train, it must be determined that the brakes
on the rear car of the train apply and release. As an alternative to
the rear car application and release test, it shall be determined that
brake pipe pressure of the train is being reduced as indicated by a
rear car gauge or device and then that brake pipe pressure of the train
is being restored as indicated by a rear car gauge or device.
    (ii) When cars which have not been previously charged and tested as
prescribed by Sec.  232.712 (c) through (j) are added to a train, such
cars may either be given inspection and tests in accordance with Sec.
232.712 (c) through (j), or tested as prescribed by paragraph (d)(1) of
this section prior to departure in which case these cars must be
inspected and tested in accordance with Sec.  232.712 (c) through (j)
at next terminal.
    (3) Before proceeding it must be known that the brake pipe pressure
at the rear of freight train is being restored.
    (e)(1) Transfer train and yard train movements not exceeding 20
miles, must have the air brake hose coupled between all cars, and after
the brake system is charged to not less than 60 pounds, a 15-pound
service brake pipe reduction must be made to determine that the brakes
are applied on each car before releasing and proceeding.
    (2) Transfer train and yard train movements exceeding 20 miles must
have brake inspection in accordance with Sec.  232.712 (c)-(j).
    (f) The automatic air brake must not be depended upon to hold a
locomotive, cars or train, when standing on a grade, whether locomotive
is attached or detached from cars or train. When required, a sufficient
number of hand brakes must be applied to hold train, before air brakes
are released. When ready to start, hand brakes must not be released
until it is known that the air brake system is properly charged.
    (g) As used in this section, device means a system of components
designed and inspected in accordance with Sec.  232.719.
    (h) When a device is used to comply with any test requirement in
this section, the phrase brake pipe pressure of the train is being
reduced means a pressure reduction of at least five pounds and the
phrase brake pipe pressure of the train is being restored means a
pressure increase of at least five (5) pounds.

Sec.  232.714  Inbound brake equipment inspection.

    (a) At points where inspectors are employed to make a general
inspection of trains upon arrival at terminals, visual inspection must
be made of retaining valves and retaining valve pipes, release valves
and rods, brake rigging, safety supports, hand brakes, hose and
position of angle cocks and make necessary repairs or mark for repair
tracks any cars to which yard repairs cannot be promptly made.
    (b) Freight trains arriving at terminals where facilities are
available and at which special instructions provide for immediate brake
inspection and repairs, trains shall be left with air brakes applied by
a service brake pipe reduction of 20 pounds so that inspectors can
obtain a proper check of the piston travel. Trainmen will not close any
angle cock or cut the locomotive off until the 20-pound service
reduction has been made. Inspection of the brakes and needed

repairs should be made as soon thereafter as practicable.

Sec.  232.715  Double heading and helper service.

    (a) When more than one locomotive is attached to a train, the
engineman of the leading locomotive shall operate the brakes. On all
other motive power units in the train the brake pipe cutout cock to the
brake valve must be closed, the maximum main reservoir pressure
maintained and brake valve handles kept in the prescribed position. In
case it becomes necessary for the leading locomotive to give up control
of the train short of the destination of the train, a test of the
brakes must be made to see that the brakes are operative from the
automatic brake valve of the locomotive taking control of the train.
    (b) The electro-pneumatic brake valve on all motive power units
other than that which is handling the train must be cut out, handle of
brake valve kept in the prescribed position, and air compressors kept
running if practicable.

Sec.  232.716  Running tests.

    When motive power, engine crew or train crew has been changed,
angle cocks have been closed except for cutting off one or more cars
from the rear end of train or electro-pneumatic brake circuit cables
between power units and/or cars have been disconnected, running test of
train air brakes on passenger train must be made, as soon as speed of
train permits, by use of automatic brake if operating in automatic
brake operation or by use of electro-pneumatic brake if operating in
electro-pneumatic brake operation. Steam or power must not be shut off
unless required and running test must be made by applying train air
brakes with sufficient force to ascertain whether or not brakes are
operating properly. If air brakes do not properly operate, train must
be stopped, cause of failure ascertained and corrected and running test
repeated.

Sec.  232.717  Freight and passenger train car brakes.

    (a)(1) When a freight car having brake equipment due for periodic
attention is on shop or repair tracks where facilities are available
for making air brake repairs, brake equipment must be given attention
in accordance with the requirements of Rule 4 of the 2020 Field Manual
of the AAR Interchange Rules (AAR Field Manual); or an alternative
procedure approved by FRA under paragraph (d) of this section. Brake
equipment shall then be tested by use of a single car testing device as
prescribed bySec.  232.305.
    (2)(i) When a freight car having an air brake defect is on a shop
or repair track, brake equipment must be tested by use of a single car
testing device as prescribed by Sec.  232.305.
    (ii) All freight cars on shop or repair tracks shall be tested to
determine that the air brakes apply and release. Piston travel on a
standard body mounted brake cylinder which is less than 7 inches or
more than 9 inches must be adjusted to nominally 7 inches. Piston
travel of brake cylinders on all freight cars equipped with other than
standard single capacity brake, must be adjusted as indicated on badge
plate or stenciling on car located in a conspicuous place near brake
cylinder. After piston travel has been adjusted and with brakes
released, sufficient brake shoe clearance must be provided.
    (iii) When a car equipped for use in passenger train service not
due for periodical air brake repairs, as indicated by stenciled or
recorded cleaning dates, is on shop or repair tracks, brake equipment
must be tested by use of single car testing device as prescribed by the
applicable standards referenced in Sec.  232.305 or by the American
Public Transportation Association (APTA) standard referenced in Sec.
238.311(a) of this chapter. Piston travel of brake cylinders must be
adjusted if required, to the standard travel for that type of brake
cylinder. After piston travel has been adjusted and with brakes
released, sufficient brake shoe clearance must be provided.
    (iv) Before a car is released from a shop or repair track, it must
be known that brake pipe is securely clamped, angle cocks in proper
position with suitable clearance, valves, reservoirs and cylinders
tight on supports and supports securely attached to car.
    (b)(1) Brake equipment on cars other than passenger cars must be
cleaned, repaired, lubricated and tested (``COT&S'') as often as
required to maintain it in a safe and suitable condition for service
but not less frequently than as required by Rule 4 of the AAR Field
Manual.
    (2) Brake equipment on passenger cars must be cleaned, repaired,
lubricated and tested (``COT&S'') as often as necessary to maintain it
in a safe and suitable condition for service but not less frequently
than as required in Standard S-4045-13 in the Manual of Standards and
Recommended Practices of the AAR or an alternative procedure approved
by FRA pursuant to Sec.  232.717(d).
    (c) For a brake system once, but no longer, included in AAR's
current Code of Rules or Code of Tests (presently known as the Field
Manual of the AAR Interchange Rules or the Manual of Standards and
Recommended Practices), the brake system must be maintained in a safe
and suitable condition for service according to a railroad's written
maintenance plan. The maintenance plan, including its COT&S component
and a periodic attention schedule, must be based upon a standard
appropriate to the equipment. The railroad must comply with and make
its written maintenance plan available to FRA upon request.
    (d) Modification of standards. The AAR or other authorized
representative of the railroad industry may seek modification of the
industry standards identified in or approved pursuant to paragraph (a)
of this section. The request for modification will be handled and must
be submitted in accordance with the modification procedures contained
in Sec.  232.307 of this part.
    (e) Incorporation by Reference. The Director of the Federal
Register approves the incorporation by reference of the standards
required in this section into this section in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. You may inspect a copy of the material at the
Federal Railroad Administration, Docket Clerk, 1200 New Jersey Avenue
SE, Washington, DC 20590 (telephone:<PHONE_NUMBER>). You may also
inspect the material at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, email<EMAIL_ADDRESS>or go to:
www.archives.gov/federal-register/cfr/ibr-locations.html. You may
obtain the material from the following source(s):
    (1) Association of American Railroads (AAR), 425 Third Street SW,
Washington, DC 20024, telephone:<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>website: https://aarpublications.com.
    (i) Rule 4 of the ``2020 Field Manual of the AAR Interchange
Rules''.
    (ii) AAR Standard S-4045-13, ``Passenger Equipment Maintenance
Requirements,'' 2013.
    (2) [Reserved]

Sec.  232.719  End-of-train devices.

    Requirements are contained in Subpart E of this rule.
0
24. Remove appendices A and B.

    Issued in Washington, DC.
Ronald L. Batory,
Administrator.
[FR Doc. 2019-27749 Filed 1-14-20; 8:45 am]
 BILLING CODE 4910-06-P