to require the testing of air-powered, generator-equipped devices to
determine the ``residual charge'' of the back-up battery before
initiating operation. As FRA explained in the NPRM, this requirement is
``meant to ensure that the generator back-up battery has a minimal
residual charge, which will ensure that it is working properly and is
capable of temporarily powering the EOT device should the air-powered
generator fail.'' 85 FR 2505.
    In their comments, Labor supports mandatory testing of each EOT
device's back-up batteries, but asserts that FRA should use the term
``sufficient charge.''
    The Railroads concur with FRA's proposed language in paragraph
(f)(2) requiring the testing of air-powered-generator-equipped devices
to determine the charge of the back-up battery before initiating
operation. However, the Railroads urge FRA to adopt language to
accommodate power sources other than batteries.
    While FRA requires a primary battery to be sufficiently charged
under paragraph (f)(2), under the waiver allowing the use of an air-
powered generator, FRA prohibited the use of a dead battery. To comply
with that condition, the suppliers manufactured EOT devices with a
``minimum charge'' indication showing that the battery has enough
residual charge to accept charging from the air-powered generator.
Labor has not provided any data or information showing why either a
``residual charge'' or ``minimum charge'' indication is insufficient
and FRA is reluctant to require manufacturers to incur costs to change
the indication without a sufficient safety justification.
    Thus, in this final rule, FRA is using the term ``minimum charge.''
FRA understands a minimal charge of a back-up power source to mean it
has a sufficient residual charge to accept charging from the air-
powered generator. Passing the initiation test is evidence that the
back-up power source has the required minimum charge.
    While FRA agrees that other power sources may be considered,
existing paragraphs (b) and (c) already provide for ``alternative
technology to perform the same function.'' In response to the
Railroads' comment, FRA is clarifying these paragraphs and providing
for the consideration of such alternative technologies under the
special approval procedure defined under Sec.  232.17. See also the
discussion of Sec. Sec.  232.17 above.
    Paragraph (f)(2) also requires that each EOT device's battery be
sufficiently charged at its initial terminal or other installation
point and throughout the train's trip to ensure that it will remain
operative until the train reaches its destination. Although this is not
a new requirement, the Railroads also request that FRA clarify the
meaning of the phrase ``until the train reaches its destination.''
    FRA addressed this issue in the preamble of the 1997 final rule.
See 62 FR 278, 289, 294-95, Jan. 2, 1997. FRA recognizes that the
amount of a battery's charge differs based on several variables,
including the trip length. The railroad has the initial responsibility
for determining how to comply with this performance standard, which can
be based on manufacturer recommendations, scientific or mathematical
studies, or experience. If an EOT device's battery dies before
destination, that is evidence that the railroad did not comply with
this requirement. This requirement, however, would not necessarily
apply to air-power generators or back-up power sources. Air-powered
generators are not expected to hold a full trip's worth of energy at
the initial terminal of a train, because they are designed to charge
continually during the train's operation. FRA has set a different
charge standard for back-up power sources.
Section 232.409 Inspection and Testing of End-of-Train Devices
    Section 232.409 includes requirements for EOT device inspection and
testing. More specifically, existing paragraph (d) requires each EOT
device's telemetry equipment be tested at least every 368 days for
accuracy and calibrated, if necessary, in accordance with the
manufacturer's specifications

and procedures. In the NPRM, FRA proposed instead to require telemetry
equipment be tested and calibrated in accordance with its
manufacturer's specifications and procedures, without requiring a
maximum time interval between tests. FRA also proposed to add a new
paragraph (e) to address comparison testing requirements for EOT device
air pressure sensors.
    FRA based its proposed revision to paragraph (d) on the reduced
need for periodic telemetric equipment calibration due to technological
advances that include continuous feedback such as phase-lock loop
(PLL). A PLL feedback system consists generally of a reference
oscillator in addition to radio telemetry components. The reference
oscillator sets the communications frequency for the radio telemetry
components. If the radio telemetry components are not able to achieve
the communications frequency set by the reference oscillator, then the
radio will go into a fail-safe mode and will not operate.
    As explained in the NPRM, for EOT devices using PLL or a similar
feedback loop technology, FRA granted multiple waivers from the 368-day
calibration requirement for the radio portion only under the conditions
that vendors apply a weather-resistant label on each applicable EOT
device and manufacturers file annual reports on the rate of inoperable
devices. See, e.g., Docket Nos. FRA-2015-0044; FRA-2012-0096; FRA-2009-
0015; and FRA-2004-18895. FRA required manufacturers to file annual
reports on the rate of inoperable devices to ensure the devices
continued to operate safely over time without a calibration
requirement. Based on the relatively long-term experience under the
above-noted waivers, and the data supplied in the annual reports, the
continuous self-check circuitry of PLL technology ensures better
overall safety given the potential for human error during periodic
calibration. FRA's proposed revision to paragraph (d) was based on data
garnered from the required annual reporting on these waivers,
summarized in the renewal applications contained in the applicable
waiver dockets. However, this does not include the pressure sensor
components of EOT devices.
    The Railroads agree with the proposed revision to paragraph (d).
However, TWU believes FRA should continue to require calibration every
368 days for all non-PLL units. According to TWU, not providing for FRA
verification of EOT device calibration would incentivize carriers to
underreport communication losses. Labor concurs that PLL technology
reduces the need for telemetry calibration and supports continued
application of the maximum calibration period under Sec.  232.409 to
EOT devices not yet PLL-equipped.
    FRA understands TWU's concern. However, FRA expects that
manufacturers will continue to set appropriate calibration intervals
for non-PLL radios. Given the level of safety attained with
calibrations performed at least every 368-days and that any change
could create operational or legal exposure on a technology the industry
no longer produces, FRA does not expect manufacturers to change such
intervals significantly. In addition, as proposed in the NPRM and
adopted in this final rule, if a manufacturer does not set a periodic
calibration interval for any unit (including legacy non-PLL units), the
manufacturer will be required to report under paragraph (f)(2).
    While TWU states that incorporating this allowance into regulations
may incentivize underreporting of communications losses, it provides no
analysis or data to support that prediction. Nevertheless, as further
discussed below, under new paragraph (f) a manufacturer must describe
in its annual report to FRA each time it repairs or reconditions a
radio for an EOT device if it does not establish a calibration period
for the device. Any underreporting would be a violation of this
requirement. Accordingly, in this final rule, FRA is adopting its
proposed revision to paragraph (d).
    Despite the waivers, and their codification in paragraph (d), each
EOT device and its operation still must comply with the applicable
requirements of part 229. Specifically, paragraphs (a) and (b) of Sec.
229.27 require comparison testing at least every 368 days with a test
gauge, or self-test designed for this purpose, for each device that:
(1) Engineers use to aid in the control or braking of a train or
locomotive; and (2) provides an indication of air pressure
electronically. Because the air pressure sensor in the EOT device is
used by the locomotive engineer to control the train, it is similar to
the gauges in the cab and must comply with parts 229 and 232. Although
Sec.  229.27 applies to the air pressure sensor in an EOT device,
because the air pressure reading at the EOT device is used to control
the train, FRA proposed a cross-reference to Sec.  229.27 in proposed
new paragraph (e) of Sec.  232.409 for clarification purposes.
    Under existing Sec.  229.27, an annual test must be performed on
each device used by the engineer to aid in the control or braking of
the train or locomotive that provides an indication of air pressure
electronically (pressure sensors). For instance, each EOT-device-
equipped train relies on the pressure sensor to ensure compliant train
handling, and in accordance with the pressure gradient requirements of
Sec. Sec.  232.103(m) and 232.205(c) and the Class III brake test
performance requirements of Sec.  232.211(c). Unlike the PLL radio
portion of each EOT device, a pressure sensor does not self-test and
react to pressure calibration drift.
    Labor submitted comments agreeing that all EOT devices must comply
with Sec.  229.27. On the other hand, the Railroads commented that
proposed paragraph (e) is not necessary. Instead, the Railroads
recommended that FRA adopt alternative language requiring comparison
testing in accordance with manufacturer's specifications similar to
that proposed in Sec.  232.403.
    Although commenters provided no data, technology, or other specific
risk-mitigating alternative that would justify modifying the generally-
applicable requirements related to comparison testing of EOT device
pressure sensors, FRA finds that device manufacturers should have the
required expertise to evaluate their own devices and determine if such
devices could be successfully comparison tested on an alternative
schedule or by an alternative process. Accordingly, to allow
manufacturers the flexibility to develop alternative comparison testing
standards for EOT device pressure sensors, FRA is revising proposed
paragraph (e) to specify that the air pressure sensor contained in the
EOT device must be tested by the processes and frequency identified in
Sec.  229.27 or by manufacturer specifications approved under Sec.
232.307. If approved under Sec.  232.307, railroads using the
applicable EOT device may apply the testing standard accordingly.
    Despite the positive experience under the waivers and FRA's
confidence in PLL technology, the frequency of the reference oscillator
in an EOT device may, over time, ``drift'' outside of its accepted
frequency range, which may affect a device remaining in communication
with the front- or head-of-train device. In electrical engineering, and
particularly in telecommunications, ``frequency drift'' is the
unintended and generally arbitrary offset of an oscillator from its
nominal frequency. Frequency drift that is not recognized during device
initiation or otherwise by the EOT device's self-check circuitry, may
prevent the device from failing in a safe manner, and can only be
corrected during calibration. Until recently, FRA had not received any
reports of PLL-

equipped radios experiencing frequency drift. However, since
publication of the NPRM, FRA has been made aware of potential frequency
drift in a very small percentage (less than 0.1%) of PLL transceivers
covered under waiver FRA-2009-0015. Given this new information, FRA
seeks to ensure this problem does not become more widespread, and is
therefore codifying the waiver's annual reporting requirement for
devices without calibration intervals specified by the manufacturer.
This additional requirement will enable FRA and radio manufacturers to
track any potential increase in frequency drift occurrences and ensure
proper calibration intervals. These reports could also provide
information that is useful to formulate a future performance standard.
Paragraph (f) requires manufacturers to submit annual reports regarding
certain transceivers to provide a means for FRA to monitor transceiver
performance periodically, if they choose not to set a calibration
period. If a manufacturer of telemetry transceiver equipment has
multiple transceiver model types without recommended finite calibration
periods, then the information required must be provided by model type
in their reporting. This will not be a new burden to the manufacturers
as they have already been providing this information to FRA pursuant to
the waivers.
    As noted in the NPRM, and in the discussion of Sec.  232.203 above,
FRA remains concerned with the safety risks associated with the
reported and unreported loss of communications events between the
controlling locomotive and the EOT device. As noted above, FRA
understands that railroads are working to develop and implement
solutions, but it does not appear that a feasible technological
solution is yet available. Accordingly, as noted above, to address the
safety risks involved with potential losses of communication, FRA is
revising the training requirements at Sec.  232.203(c) to ensure that
employees that operate EOT equipment are trained in the limitations and
proper use of the emergency application signal and the loss of
communications indicator of the equipment to enable them to take
effective action in the event of a communications loss.\20\
---------------------------------------------------------------------------

    \20\ See section-by-section analysis of Sec.  232.203 above.
---------------------------------------------------------------------------

Section 232.603 Design, Interoperability, and Configuration Management
Requirements
    Section 232.603 contains the design, interoperability, and
configuration management requirements for ECP brakes. In the NPRM, FRA
proposed to revise paragraphs (a) and (d), move paragraph (f) to (g),
and add a new paragraph (f) to meet the formatting and structure
requirements for incorporation by reference under 1 CFR part 51. FRA
also proposed to update the standards incorporated by reference in in
paragraphs (a)(1), (a)(2), (a)(4), (a)(6), and (a)(7). For a discussion
of the purposes of these standards, please see the NPRM.
    FRA did not receive comments on the revisions and updates to
paragraphs (a), (d), and (f). The purposes of the standards are as
follows: S-4200 ensures uniform and consistent functionality and
performance of ECP freight brake systems from different manufacturers;
S-4210 provides the qualification test procedure to verify that the
designed components have high reliability, will withstand harsh
environmental conditions, and have a minimum 8-year operating life; S-
4230 facilitates freight car and locomotive interoperability without
limiting the proprietary design approaches used by individual suppliers
and defines the requirements for an intratrain communications (ITC)
system for freight equipment in revenue interchange service; S-4250
ensures uniform, consistent, and interoperable functionality and
performance between devices developed by different manufacturers, by
defining the high-level performance requirements to operate multiple
locomotives via an ITC network; and S-4260 identifies the test
procedure that individual suppliers would complete to establish the
interoperability baseline among ECP/WDP (wire distributed power)
systems that comply with the AAR S-4200 series of standards.
Accordingly, FRA adopts those changes as proposed.
    The Railroads commented that proposed paragraph (g) is confusing,
because it refers to existing procedures to update an incorporated by
reference standard in Sec.  232.307, which in turn references Sec.
232.305(a). In this final rule, FRA is clarifying Sec.  232.307, so
that incorporated industry standards for air brake maintenance may be
updated in a consistent and efficient manner. When utilizing Sec.
232.307, a petitioner will be required to specify the part, section,
and paragraph for which modification is requested. Presently,
Sec. Sec.  232.305, 232.603, and 232.717 refer to Sec.  232.307.
Subpart H Tourist, Scenic, Historic, and Excursion Operations Braking
Systems
    Appendix B was created to preserve part 232 as it existed prior to
the 2001 final rule, and was intended to apply to tourist, scenic,
historic, and excursion operations.\21\ As proposed in the NPRM, this
final rule is moving appendix B, with some revisions, to a new subpart
H (Sec. Sec.  232.700-232.719). FRA is only discussing those provisions
of new subpart H that received public comments or have changed from the
NPRM. The remaining provisions are being finalized as proposed, and not
discussed here again.
---------------------------------------------------------------------------

    \21\ On May 31, 2001, FRA issued an update to part 232. Some of
the prior rule text was preserved in section I of appendix B to part
232, which remained applicable to tourist, scenic, historic, or
excursion railroads on the general system of transportation, who
have not been required to operate under present parts 232 or 238.
See Sec. Sec.  232.1(d) and 232.3(c)(5); 66 FR 4104, 4145-46, 4214,
Jan. 17, 2001.
---------------------------------------------------------------------------

    In Sec.  232.717 of the NPRM, FRA proposed to reference Rule 4 of
the ``2020 Field Manual of the AAR Interchange Rules'' (``AAR Field
Manual''). However, FRA has since realized that AAR Standard S-4045-13,
which was referenced in proposed paragraph 232.717(b)(2), makes clear
that the use of Rule 3 of the AAR Field Manual is also required for the
maintenance of freight valves used on passenger equipment. Thus, to
pinpoint the applicable rules more accurately for the convenience of
the reader, all references to the AAR Field Manual in Sec.  232.717
will include both Rules 3 and 4, which are concerned with the testing
of railroad air brakes and with the maintenance of air brake valves and
parts, respectively.\22\
---------------------------------------------------------------------------

    \22\ FRA notes that this final rule incorporates by reference
the January 1, 2020, version of AAR Rules 3 and 4. Prior to
publication of this final rule, however, AAR issued updated versions
of each of these Rules and FRA anticipates incorporating the updated
AAR rules in a future rulemaking proceeding.
---------------------------------------------------------------------------

    In the NPRM, FRA indicated it was adding a paragraph (b)(2) to
Sec.  232.717. However, FRA notes that Sec.  232.17 in appendix B,
which became Sec.  232.717 in proposed subpart H, already included a
paragraph (b)(2). Accordingly, FRA notes that it is not ``adding'' a
paragraph (b)(2), but rather just revising the paragraph as it existed
previously in appendix B.
    Labor commented about the proposed ``significant relaxation'' of
current maintenance practices and operating requirements in 232.717(b),
including the ``cleaned, repaired, lubricated, and tested'' periodic
inspection requirements for 26-C and D-22 brake valves. According to
Labor, while a relaxed periodicity of these practices may be
appropriate to apply to the state-of-the-art locomotives used in pilot
programs by the Class I railroads, extending the same relief to the
``motive power fleet that is the oldest in the

nation'' is not justified.\23\ TWU's comments were similar to Labor's.
---------------------------------------------------------------------------

    \23\ Labor appears to believe incorrectly that the D-22 and 26-C
brake valves are locomotive brake valves. As explained further
below, there is a 25-year waiver history of extending these
passenger car valves by 12 months.
---------------------------------------------------------------------------

    As proposed, paragraph (b)(2) changed brake inspection requirements
from referencing AAR Standard S-045 to referencing AAR Standard S-4045-
13, which establishes, for passenger equipment cars operating in the
U.S. and Canada, standard maintenance practices and operating
requirements, including the periodic inspection requirements for air
brake cleaning, repairing, lubricating, and testing (known in the
industry as ``clean, oil, test, and stencil'' or ``COT&S''). AAR
Standard S-4045-13, would extend the timeline related to periodic brake
valve inspections, and is based upon the safety experience of the
waiver at Docket No. FRA-2013-0063 \24\ and experience with the
extended period for inspections at 49 CFR 238.309(d)(2) and (3) for
conventional passenger equipment. As a result, railroads using 26-C
type valves would now be required to test those valves every 48 months
(instead of 36 months). Similarly, railroads using D-22 type valves
would now be required to test those valves every 36 months (instead of
24 months).
---------------------------------------------------------------------------

    \24\ The waiver issued in Docket No. FRA-2013-0063 allowed
railroads to utilize AAR Standard S-4045-13 in lieu of the obsolete
AAR S-045. That waiver was the third waiver FRA issued related to
inspection and testing frequency of passenger air brake control
valves. See also Docket Nos. PB 94-3 (July 26, 1995) and FRA-2011-
0070. The 1995 waiver was replaced by Sec.  238.309, established by
the final rule published at 64 FR 25660, May 12, 1999. The 2011 and
2013 waivers extended the flexibility afforded by Sec.  238.309 to
certain passenger equipment cars.
---------------------------------------------------------------------------

    Labor appears to incorrectly believe the relief provided in the
waiver was the same as that provided under Docket No. FRA-2005-21613,
which extended the service life of locomotive electronic brake valves
(EBVs). This is the only recent docket that meets the description of
Labor's concern. FRA notes that Amtrak has operated 26-C passenger car
control valves for 48 months between inspections under the PB-94-3
waiver since July 1995 (codified at Sec.  238.309 in May 1999), while
railroads not subject to part 238 have operated under the subsequent
waivers since April 2012. Passenger railroads have operated D-22
passenger car control valves for 1,104 days between inspections under
Sec.  238.309(d)(3) since 1999. In all cases, these waivers extended
the periodic inspection interval for only 12 months and were based on
over fifty years of operating experience,\25\ plus confirming testing
performed as part of the waiver investigations. The railroads have not
reported any safety problems while under those waivers. By contrast,
the locomotive EBV waiver that extended periodic inspection intervals
for up to 5 years involves novel designs, requiring continuous product
upgrades during the course of the waiver, and required a test committee
to witness inspection and tear-down of several brake unit types on a
biannual basis. Passenger car control valves with a long and successful
service history do not require the same scrutiny and oversight.
---------------------------------------------------------------------------

    \25\ The D-22 valve has been in use since the mid-1930s and the
26-C valve has been in use since the early 1950s.
---------------------------------------------------------------------------

    The safety case provided, and the lack of negative safety data
arising from the aforementioned control valve waivers, justifies the
12-month extension for each periodic inspection of a 26-C or D-22 valve
provided by updated AAR Standard S-4045-13. Such an extension also
aligns the inspection periods for 26-C and D-22 control valves on all
railroads, thus reducing confusion. Accordingly, this final rule
updates paragraph (b)(2) to reference AAR Standard S-4045-13.
    Currently, appendix B does not require tourist, scenic, historic,
and excursion railroads to develop a plan for servicing obsolete brake
equipment. Accordingly, in the NPRM, FRA proposed Sec.  232.717(c)
within the new subpart H to allow tourist, scenic, historic, and
excursion railroads to develop a compliant plan for servicing obsolete
brake equipment. Under paragraph (c), these railroads--when utilizing
equipment not covered by an applicable, available, and incorporated AAR
standard--would have to maintain the equipment in a safe and suitable
condition for service according to a railroad's written maintenance
plan. A compliant maintenance plan, including its COT&S component and a
periodic attention schedule, must be based upon a standard appropriate
to the equipment. For example, a compliant plan might utilize a
recognized industry standard or a former AAR interchange standard, to
the extent it is modified to account for the unique operating
conditions of the particular tourist railroad operation. The railroad
must make its written maintenance plan available to FRA upon request.
    While FRA expects some individual railroads may develop their own
written maintenance plans, FRA understands that an industry
organization (HeritageRail Alliance) may develop a consensus standard
for the periodic maintenance of this brake equipment. FRA did not
propose a formal approval process for each tourist, scenic, historic,
and excursion railroad plan, as this would not be feasible from a
regulatory standpoint, for both the railroads and FRA, and such a
requirement would not enhance safety under subpart H. However, when
evaluating maintenance plans during the course of regular inspections,
FRA will consider the appropriate AAR-published valve standard in the
last version (e.g., 1992 for the ``AB'' control valve) of the AAR Code
of Rules or the AAR Field Manual before a valve type was made obsolete,
the usage of the equipment, and the railroad's voluntarily scheduled
SCTs.\26\
---------------------------------------------------------------------------

    \26\ FRA notes that many of the former AAR Standards are
presently available within Annex A--Equipment-Dependent Instructions
of APTA Standard PR-M-S-005-98, Rev.4--Code of Tests for Passenger
Car Equipment Using Single Car Testing, which is incorporated by
reference in part 238. See Docket No. FRA-2018-0097. A copy of Annex
A is also available in the docket of this rulemaking for review.
---------------------------------------------------------------------------

    Labor and TWU object to proposed paragraph (c), claiming it
releases FRA from its regulatory responsibilities and allows affected
railroads to self-regulate with their own inspection plans. According
to Labor, paragraph (c) attempts to fix a problem that does not exist
and would place a burden on those railroads with few resources.
    In discussions between FRA and various tourist and historic railway
industry associations, the railroads governed under former appendix B,
now subpart H, have requested regulatory guidance on the applicability
of those rules on discontinued brake valves. Moreover, under Section
415 of the Rail Safety Improvement Act of 2008, Congress directed FRA
to study air brake maintenance regulatory compliance on diesel
locomotives for tourist and historic railroads. The NPRM proposed
changes consistent with Congress' direction and the railroads' requests
to provide regulatory certainty and to reduce their compliance burdens.
For instance, under the previous language of Sec.  232.17 of appendix
B, affected railroads were left without compliance guidance or
regulatory protection each time AAR removed a brake type (e.g., the
``AB'' brake) from the AAR Field Manual. FRA recognizes these
``obsolete'' brake valves may continue to be operated on older
equipment while remaining compliant with Sec.  232.103(l) (formerly
Sec.  232.3 of appendix B), and finds that each railroad is in a better
position to determine how to maintain its (generally non-interchanged)
equipment for its own operating environment. The

purpose of the new Sec.  232.717(c) is to provide those railroads with
a regulatory path going forward. Given the increasing quantity of
obsolete equipment, and that the current rules in subparts A-G of part
232 reflect more modern technologies, these railroads require some
level of flexibility to address their own equipment and operations.
Without this change, railroads will be left to determine, at their own
discretion, what rules apply to brake valves once they are no longer
addressed in the applicable industry standard.
    The new Sec.  232.717(c) provides flexibility, while ensuring that
railroads subject to Sec.  232.717 remain under FRA oversight. Given
these railroads' low accident or incident rate,\27\ their limited
(seasonal) operations, and FRA's experienced inspectors familiar with
local conditions performing oversight, FRA is confident that paragraph
(c) will provide regulatory clarity and improve safety.
---------------------------------------------------------------------------

    \27\ Since 2010, tourist, historic, and excursion railroads have
had no brake-caused train fatalities and 21 motive power and
equipment-related accidents.
---------------------------------------------------------------------------

    FRA sought comments on how to manage future changes to industry
standards while ensuring future compliance with 1 CFR part 51
(incorporation by reference). FRA did not receive comments on how to
better manage this process. However, the Railroads encourage amendments
to Federal Register incorporation by reference regulations to generally
allow for more timely regulatory updates to standards incorporated by
reference. FRA notes that the Railroads' comments regarding the
incorporation by reference of standards under 1 CFR 51 is an issue
under the authority of the Office of the Federal Register, not FRA.

IV. Regulatory Impact and Notices

A. E.O. 12866 and 13771, Congressional Review Act, and DOT Regulatory
Policies and Procedures

    This final rule is a significant regulatory action within the
meaning of Executive Order 12866 (E.O. 12866) and DOT's Administrative
Rulemaking, Guidance, and Enforcement Procedures in 49 CFR part 5.
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), the
Office of Information and Regulatory Affairs designated this rule as
not a `major rule', as defined by 5 U.S.C. 804(2). In addition, this
rule is considered an E.O. 13771 deregulatory action. Details on the
estimated cost savings of this rule can be found in the rule's
Regulatory Impact Analysis, which FRA has prepared and placed in the
docket (docket number FRA-2018-0093). The analysis details estimated
costs and cost savings that those regulated by the rule are likely to
see over a 10-year period.
    In this final rule, FRA is codifying several motive power and
equipment waivers providing conditional exceptions to existing rules
concerning air brake testing (including Class I air brake tests and
SCTs), EOT devices, brake valves, and helper service. In particular,
FRA is extending the time freight rail equipment can be off-air before
requiring a new brake inspection. Furthermore, FRA is making technical
corrections to existing brake-related regulations.
    FRA estimated the impacts of this final rule. The results of this
analysis are presented in the table below.

                                   Total Costs and Cost Savings Over 10 Years
                                           [2017 Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                 Section                  Present value 7%  Present value 3%    Annualized 7%     Annualized 3%
----------------------------------------------------------------------------------------------------------------
Costs: Training.........................               (*)               (*)               (*)               (*)
Cost Savings:
    Helper Link.........................              $3.9              $4.5              $0.6              $0.5
    26-C Brake Valve....................               0.4               0.5              0.06              0.06
    D-22 Brake Valve....................               1.0               1.1               0.1               0.1
    24 Hours Off-air....................             325.6             386.2              46.4              45.3
    90 CFM..............................               1.8               2.1               0.3               0.2
    SCT 24 month........................             150.7             176.1              21.5              20.6
    SCT 48 month........................              19.5              23.8               2.8               2.8
    Waiver Cost Savings.................               0.1               0.1              0.01              0.01
    Government Administrative Cost                     0.1               0.1              0.01              0.01
     Savings............................
                                         -----------------------------------------------------------------------
        Total Cost Savings..............             503.0             594.6              71.6              69.7
        Net Cost Savings................             503.0             594.6              71.6              69.7
----------------------------------------------------------------------------------------------------------------
Net Cost Savings = Cost Savings-Costs.
* De minimis.

    Over a 10-year period of analysis, the present value of net cost
savings are $503.0 million (using a 7% discount rate), and $594.6
million (using a 3% discount rate). The annualized cost savings are
$71.6 million (using a 7% discount rate) and $69.7 million (using a 3%
discount rate).
    By way of explaining the above table, in response to comments from
the NTSB and labor organizations, FRA is adding a requirement for
railroads to train employees on loss of communication and limitations
of the emergency brake signal. This provision is a new requirement and
will add slightly to the training employees receive already on using
EOT devices. FRA estimates the cost at $1,566 primarily for the
railroads using two-way end-of-train devices to update their existing
training plans.
    Turning to cost savings, among the EOT device waivers incorporated
into the final rule, the waiver allowing a train equipped with Helper
Link (or similar technology) to use an alternative air brake test
procedure will benefit railroads using this system. The Helper Link
technology reduces employees' time in uncoupling the helper locomotive
from the train so that it may be turned around to help other trains
ascend steep grades. FRA bases its estimate of cost savings on this
reduced labor time. For the 26-C and D-22 type brake valves, FRA is
extending the time before these types of valves need to be inspected
and cleaned, resulting in fewer tests and labor savings. FRA is also
extending, from 4 hours to 24 hours, the time before a Class I brake

test must be conducted on rail equipment that is not connected to a
source of compressed air prior to being operated in a train again. FRA
estimates railroads will accrue savings from performing fewer brake
tests, less locomotive idling time to keep rail cars on compressed air
(including reduced fuel consumption), and less use of yard air sources.
This provision will result in annualized cost savings of $46 million
(using a 7% discount rate), the largest category of cost savings.
Furthermore, in an EPA comment to the NPRM, it was noted that reduced
locomotive idling time will also reduce emissions and pollutants
therein. FRA has estimated these potential benefits will total
approximately $14.2 million (annualized using a 7% discount rate), and
$16.8 million (annualized using a 3% discount rate). However, due to
uncertainty regarding these benefits, FRA has not accounted for them in
the primary analysis.
    Similar to the flexibility provided by other waivers, permitting an
increase in brake pipe leakage to 90 CFM under certain conditions will
allow railroads to conduct air brake tests without having to wait for
additional crews (to test in higher daytime temperatures), or run
shorter trains. The efficiencies gained through codifying the 90 CFM
waiver are monetized in the table above. FRA found the maintenance
requirements for air repeater units are already standard industry
practice. In addition, for situations where a railroad can substitute
an air repeater unit for a DP locomotive or EOT device, the railroad
will save the opportunity cost of that equipment by employing it
elsewhere. Finally, FRA expects large cost savings by increasing the
time between single car air brake tests from 12 to 24 months for
automated tests, and to 48 months for automated tests using a four-
pressure receiver. FRA estimates the longer interval between tests for
rail cars using automated tests (about 1.1 million freight cars out of
1.6 million freight cars in service) will result in the monetized time
savings shown in the table.
    Separately, FRA expects the regulated community to submit fewer
waiver requests, and requests for waiver extensions, to FRA for the
regulatory parts subject to this final rule. FRA generally approves
waivers for five years and may extend them upon request. Given the
final rule codifies these waivers, railroads and suppliers will save
the cost of applying and re-applying for these waivers. These
collective savings are represented in the Waiver Cost Savings category
in the table, with a comparable savings in terms of government time to
review these waivers and renewals.
    FRA estimates this final rule will only impose minimal costs on the
industry. This final rule generally increases flexibility for the
regulated entities by codifying waivers and in certain circumstances,
providing additional flexibility in meeting some regulatory
requirements. The rule does not impose any new substantive
requirements. Railroads and suppliers may choose voluntarily to take
advantage of the flexibilities under this final rule. However, under
proposed Sec.  232.409(e), FRA is providing EOT device manufacturers
additional flexibility in conducting the required testing by
reiterating the existing requirement that EOT device air pressure
sensors need to be tested annually, or in accordance with alternative
test procedures developed by the EOT device manufacturer and approved
by FRA. FRA is not accounting for these costs in the overall analysis
for this rulemaking, but acknowledges railroads may incur a burden to
calibrate the air pressure sensor on the EOT device, as they do under
the existing regulation. The burdens are further described in the
regulatory evaluation accompanying this final rule.
    As is discussed in the preamble above, FRA does not believe that
these provisions will have a negative impact on the safety of railroad
operations. In fact, codifying several of the waivers may result in
positive safety benefits for railroad employees. In general, the EOT
device waivers, appendix B updates, 24-hour off-air, and automated
single car tests will all reduce the frequency of air brake tests and
inspections. Fewer brake tests and inspections will reduce the time
employees are walking on potentially uneven ground such as track
ballast (typically crushed stone), and reduce their chances of
slipping, tripping, or falling. Also, railroad employees may reduce
their chances of injury because they would spend less time moving in
and around rail cars while connecting and disconnecting equipment for
the brake test and checking equipment such as the brake pipe. For air
brake tests conducted in yards, less frequent brake tests would likely
result in employees reducing their exposure to adjacent train traffic.
FRA has not quantified these safety benefits because it does not have
injury data specifically from conducting brake tests, but has described
the parameters that may reasonably reduce the risk of injury.

B. Regulatory Flexibility Act and E.O. 13272

    The Regulatory Flexibility Act of 1980 ((RFA) 5 U.S.C. 601 et seq.)
and Executive Order 13272 (67 FR 53461, Aug. 16, 2002) require agency
review of proposed and final rules to assess their impacts on small
entities. Regulations issued by the U.S. Small Business Administration
(SBA) generally require agencies to prepare an initial regulatory
flexibility analysis (IRFA) describing the impact of the proposed rule
on small entities when issuing a proposed rule. (5 U.S.C. 603(a)).
Section 605 of the RFA allows an agency to certify a rule, in lieu of
preparing an analysis, if the proposed rulemaking is not expected to
have a significant economic impact on a substantial number of small
entities.'' \28\ To help the public comment on the potential small
business impacts of the rulemaking, FRA prepared an IRFA to accompany
the NPRM.
---------------------------------------------------------------------------

    \28\ See U.S. Small Business Office of Advocacy, A Guide for
Government Agencies: How to Comply with the Regulatory Flexibility
Act, p. 25, August 2017, available at https://advocacy.sba.gov/resources/the-regulatory-flexibility-act/a-guide-for-government-agencies-how-to-comply-with-the-regulatory-flexibility-act/.
---------------------------------------------------------------------------

    In this final rule, FRA is codifying various long-standing waivers
that provide conditional exceptions to the existing rules concerning
air brake testing and inspection, end-of-train (EOT) devices, brake
valves, and helper service (i.e., Helper Link devices or similar
technologies). In addition, FRA is extending the length of time freight
rail equipment can be disconnected from a source of compressed air, or
``off-air,'' before needing a new brake inspection to be placed back in
operation. FRA is also using this opportunity to clarify certain
provisions of the brake regulations and to remove outdated or
unnecessary provisions. FRA estimates this final rule provides the
opportunity for small entities to use their employees and railroad
equipment more efficiently, resulting in cost savings.
    FRA did not receive any comments directly related to the IRFA. In
consideration of comments received to the rulemaking, FRA made changes
to the final rule that will affect small entities, but not to a
significant degree. FRA is requiring manufacturers of telemetry
equipment installed in the EOT device to continue to file an annual
report to FRA if they do not specify a calibration period for their
devices. This provision will enable FRA to monitor instances of
frequency drift in a small percentage of this equipment. This report is
a continuation of a report filed as a condition of a previous waiver.
FRA

is also adding a requirement for employee training to reduce possible
accidents from communication loss from the front of the train to the
rear of the train, applicable to railroads that use two-way EOT
devices.
Description of Small Entities Impacted by the Final Rule
    In consultation with the SBA, FRA has published a final statement
of agency policy that formally establishes ``small entities'' or
``small businesses'' as railroads, contractors, and hazardous materials
shippers that meet the revenue requirements of a Class III railroad as
set forth in 49 CFR 1201.1-1, which is $20 million or less in
inflation-adjusted annual revenues, and commuter railroads or small
governmental jurisdictions that serve populations of 50,000 or less.
See 68 FR 24891, May 9, 2003 (codified at Appendix C to 49 CFR part
209). FRA is using this definition for the final rule. For other
entities, the same dollar limit in revenues governs whether a railroad,
contractor, rail equipment supplier, or other respondent is a small
entity.
    This final rule will be applicable to all railroads, although not
all changes will be relevant to all railroads. Based on the railroads
required to report accident/incidents to FRA under 49 CFR part 225, out
of 751 railroads (excluding passenger service railroads that are
subject to their own brake standards), FRA estimates there are
approximately 735 Class III railroads; with 692 of them operating on
the general system. These are of varying size, with some a part of
larger holding companies. Therefore, this rule will impact a
substantial number of small railroads.
    FRA is aware of four firms manufacturing EOT devices for sale in
the United States, and a firm that supplies the radio used for
telemetry in EOT devices. Of the EOT device manufacturers, only DPS
Electronics, Inc. is a small entity with about $5 million to $10
million in annual revenues and about 15 employees. The other firms,
Siemens Industry Inc., Wabtec Railway Electronics, and Progressive Rail
are larger companies with access to their larger parent companies'
resources. Ritron, Inc. manufacturers the radio used in many firms' EOT
devices and is a small entity with about $16 million in annual revenue
and 90 employees.\29\ Therefore, this rule will impact a substantial
percentage of suppliers (40 percent).
---------------------------------------------------------------------------

    \29\ These suppliers would also be considered small entities
under SBA size standards based on NAICS codes. FRA determined that
these firms can be categorized under NAICS code 336999 All other
transportation equipment manufacturing, with a corresponding size
standard of 1,000 employees. See 13 CFR 121.201.
---------------------------------------------------------------------------

Economic Impacts on Small Entities
    FRA has determined that the impact on small entities will not be
significant. In particular, the extension of time that freight rail
equipment can be off-air before requiring a new brake test and
inspection will result in significant cost savings from conducting
fewer tests. FRA expects another important benefit will be better crew
management. On a small railroad, employees often ``wear several hats,''
that is, perform several types of jobs, ranging from office work to
train operations. Under the final rule, these railroads will be able to
make available for other railroad jobs the time an employee would have
spent conducting a brake test. The provision will likely increase the
efficiency of labor resources, to some degree. Small railroads that do
not operate newer types of equipment, such as EOT devices with air
powered generators, can continue to perform tests in substantially the
same manner as before this final rule.
    In a change from the NPRM, Ritron may choose to continue to file an
annual report to FRA if it does not specify a calibration period. If
Ritron chooses the report option, FRA estimates this report will take
12 hours to do and cost about $800 per year, or $854 when annualized
using a 7 percent discount rate.\30\ FRA estimates this cost, or
reduction in cost savings, as a percent of Ritron's annual revenues
(about $16 million) to be minimal at 0.006 percent.\31\ The safety
reason for these reports is to enable FRA to ascertain the performance
of the PLL radios (i.e., transceivers) over time.
---------------------------------------------------------------------------

    \30\ Cost = 1 manufacturer * 12 hours * $66.51 per hour = $798.
Wage rate sourced from the Bureau of Labor Statistics pay for
Electrical and Electronics Engineers at https://www.bls.gov/ooh/architecture-and-engineering/electrical-and-electronics-engineers.htm as accessed April 28, 2020. The base wage was adjusted
for 2017 dollars using the BLS Inflation Calculator, and burdened
for benefits (30% of compensation per BLS Guidance). See primary
analysis in the RIA for detailed explanation.
    \31\ Calculation: About $1,000 in annualized report cost/
$16,000,000 annual revenues = 0.0000625 [ap] 0.006%
---------------------------------------------------------------------------

    FRA estimates the new training requirement will affect about 10
percent of Class III railroads that operate trains with the two-way EOT
devices subject to this requirement, or 69 small railroads. Analogous
to estimating these costs in the primary RIA analysis for all
railroads, the cost for Class III railroads is estimated as primarily
the cost for railroads to modify their training plans. Specifically,
FRA estimates 15 minutes to revise training plans (done at the same
time when training plans are reviewed generally). Railroads already
train their train crews how to initiate an emergency brake application
in a locomotive, so the marginal time to add this requirement will be
minimal. FRA estimates this total cost is $1,242, or only $18 per
railroad.\32\ FRA determines this cost is not significant. Furthermore,
this cost is only accounted for in the first year of the rule. (ASLRRA
reports the average freight revenue per Class III railroad is $4.8
million per year.\33\)
---------------------------------------------------------------------------

    \32\ Cost = Cost to revise training = 69 Class III railroads *
(15 minutes/60 minutes) * $72.01 per hour (STB Professional and
Administrative rate) = $1,242.22. Cost per affected railroad =
$1,242/69 railroads = $18.00 per railroad.
    \33\ ASLRRA, Short Line and Regional Railroad Facts and Figures,
p. 10 (2014 pamphlet) [hereinafter Facts and Figures].
---------------------------------------------------------------------------

    In addition, suppliers that make railroad EOT devices will be
positively affected. In the past, they have applied to FRA for waivers
for technological improvements to their devices, and their waivers are
incorporated in this final rule, saving the cost to file a waiver
renewal.
Certification
    Consistent with the findings of FRA's IRFA, and the lack of any
comments received on it, I certify that this rule will not have a
significant economic impact on a substantial number of small entities.

C. Paperwork Reduction Act

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

    \34\ Totals may not add due to rounding.
    \35\ The dollar equivalent cost is derived from the Surface
Transportation Board's Full Year Wage A&B data series using the
appropriate employee group hourly wage rate that includes 75 percent
overhead charges.

----------------------------------------------------------------------------------------------------------------
                                                                                Total annual    Total cost
         CFR section              Respondent       Total annual      Average time     burden hours    equivalent
                                   universe          responses      per responses         \34\           \35\
----------------------------------------------------------------------------------------------------------------
229.27--Annual tests.........  30,000            30,000 records    30 seconds.....  250 hours......      $18,000
                                locomotives.      of tests.
232.3--Applicability--Export,  708 railroads...  8 cards.........  10 minutes.....  1 hour.........           72
 industrial, & other cars not
 owned by railroads-
 identification.
232.7--Waivers...............  708 railroads...  2 petitions.....  160 hours......  320 hours......       23,040
232.15--Movement of Defective  1,620,000 cars..  128,400 tags/     3 minutes......  5,350 hours....      385,200
 Equipment -Tags/Records.                         records.
    --Written Notification...  1,620,000 cars..  25,000 notices..  3 minutes......  1,250 hours....       90,000
232.17--Special Approval       708 railroads...  1 petition......  100 hours......  100 hours......        7,200
 Procedure--Petitions for
 special approval of safety-
 critical revision.
    --Petitions for special    708 railroads...  1 petition......  100 hours......  100 hours......        7,200
     approval of pre-revenue
     service acceptance plan.
    --(d) Service of           708 railroads...  1 petition......  20 hours.......  20 hours.......        1,440
     petitions.
    --(d)(2)(ii) Statement of  Public/railroads  4 statements....  15 minutes.....  1 hour.........           72
     interest.
    --(f) Comment............  Public/railroads  6 comments......  4 hours........  24 hours.......        1,728
232.103(f)(2)--Gen'l           1,200,000 cars..  70,000 stickers/  10 minutes.....  11,667 hours...      840,024
 requirements--all train                          stencils/badge
 brake systems--stickers.                         plates.
    (n)(7)--RR Plan            708 railroads...  1 revised plan..  10 hours.......  10 hours.......          720
     identifying specific
     locations or
     circumstances where
     equipment may be left
     unattended.
    --Notification to FRA      708 railroads...  1 notice........  30 minutes.....  1 hour.........           72
     when RR develops and has
     plan in place or
     modifies existing plan.
    --Inspection of Equipment  708 railroads...  12 inspections/   4 hours........  48 hours.......        3,456
     by Qualified Employee                        records.
     after Responder Visit.
232.107--Air source            10 new railroads  1 plan..........  40 hours.......  40 hours.......        2,880
 requirements and cold
 weather operations--
 Monitoring Plan (Subsequent
 Years).
    --Amendments/Revisions to  50 railroads/     10 revisions....  20 hours.......  200 hours......       14,400
     Plan.                      plans.
    --Recordkeeping..........  50 railroads/     1,150 records...  10 minutes.....  192 hours......       13,824
                                plans.
232.109--Dynamic brake         708 railroads...  1,656,000         4 minutes......  110,400 hours..    7,948,800
 requirements--status/record.                     records.
    --Inoperative dynamic      30,000            6,358 records...  4 minutes......  424 hours......       30,528
     brakes: Repair record.     locomotives.
    --Tag bearing words        30,000            6,358 tags......  30 seconds.....  53 hours.......        3,816
     ``inoperative dynamic      locomotives.
     brakes''.
    --Deactivated dynamic      8,000             10 markings.....  5 minutes......  1 hour.........           72
     brakes (Sub. Yrs.).        locomotives.
    --Operating rules          5 new...........  5 rules.........  4 hours........  20 hours.......        1,440
     (Subsequent Years).
    --Amendments/Revisions...  708 railroads...  15 revisions....  1 hour.........  15 hours.......        1,080
    --Requests to increase 5   708 railroads...  5 requests......  30 min. + 20     103 hours......        7,416
     mph overspeed                                                  hours.
     restriction.
    --Knowledge criteria--     5 new...........  5 amendments....  16 hours.......  80 hours.......        5,760
     locomotive engineers--
     Subsequent Years.
232.111--Train information     5 new...........  5 procedures....  40 hours.......  200 hours......       14,400
 handling.
    Sub. Yrs.--Amendments/     100 railroads...  100 revisions...  20 hours.......  2,000 hours....      144,000
     Revisions.
    --Report requirements to   708 railroads...  2,112,000         5 minutes......  176,000 hours..   12,672,000
     train crew.                                  reports.
232.203--Training              15 railroads....  5 programs......  100 hours......  500 hours......       36,000
 requirements--Tr. Prog.--Sub
 Yr..
    --Amendments to written    708 railroads...  236 revisions...  8 hours........  1,888 hours....      135,936
     program.
    --Training records.......  708 railroads...  24,781 records..  8 minutes......  3,304 hours....      237,888
    --Training notifications.  708 railroads...  24,781 notices..  1 minute.......  413 hours......       29,736
    --Efficiency test plans..  708 railroads...  708 copies......  1 minute.......  12 hours.......          864
232.205--Initial terminal      708 railroads...  383,840 notices/  45 seconds.....  4,798 hours....      345,456
 inspection: Class I brake                        records.
 tests and notifications/
 records (Revised
 requirement).
    (c)(1)(ii)(B)--RR          708 railroads...  10 revised        8 hours........  80 hours.......        5,760
     Development/                                 operating rules.
     implementation of
     operating rules to
     ensure compliant
     operation of train if
     air flow exceeds
     stipulated section
     parameters after Class I
     brake test is completed
     (New Requirement).
232.207--Class 1A brake        708 railroads...  1 list..........  1 hour.........  1 hour.........           72
 tests--Designation Lists
 Where Performed.
    Subsequent Years: Notice   708 railroads...  250 notices.....  10 minutes.....  42 hours.......        3,024
     of Change.
232.209--Class II brake tests- 708 railroads...  159,740 comments  3 seconds......  133 hours......        9,576
 intermediate ``Roll-by
 inspection--Results to train
 driver.
232.213--Written Designation   83,000 long.....  250 letters.....  15 minutes.....  63 hours.......        4,536
 to FRA of Extended haul
 trains.
    --Notification to FRA      7 railroads.....  250 notices.....  10 minutes.....  42 hours.......        3,024
     Associate Administrator
     for Safety of a change
     in the location where an
     extended haul brake test
     is performed (New
     Requirement).
232.219--Double heading and    2 railroads.....  100 records.....  5 minutes......  8 hours........          576
 helper service: Testing/
 calibration/records of
 Helper Link devices used by
 locomotives (formerly under
 232.219(c)(3)).
232.303--General               1,600,000 frgt..  5,600 tags......  5 minutes......  467 hours......       33,624
 requirements--single car
 test: Tagging of Moved
 Equipment.
    --Last repair track brake  1,600,000 frgt..  240,000 markings  2 minutes......  8,000 hours....      576,000
     test/single car test--
     Stenciled on Side of
     Equipment.
232.307--Modification of       railroads/AAR...  1 request + 3     20 hours + 5     20 hours.......        1,440
 single car air brake test                        copies.           minutes.
 procedures: Requests
 (includes 232.409(e)).
    --Affirmation Statement    railroads/AAR...  1 statement + 4   30 minutes + 5   1 hour.........           72
     on Mod. Req. To Employee                     copies.           minutes.
     Representatives.

232.309--Repair track brake    640 shops.......  5,000 records of  2 minutes......  167 hours......       12,024
 test equipment and devices                       calibrations.
 used to perform single car
 air brake tests--Periodic
 calibration of devices.
232.403--Unique Code.........  245 railroads...  12 requests.....  5 minutes......  1 hour.........           72
232.409--Inspection/Tests/     245 railroads...  447,500           30 seconds.....  3,729 hours....      268,488
 Records EOTs.                                    recording of
                                                  tests.
    --(d)-(e) Telemetry        245 railroads...  17,000 records..  2 minutes......  567 hours......       40,824
     equipment--Testing/
     Calibration/Rcds/--
     Documentations of
     testing (paragraph (d)
     is a revised
     requirement; paragraph
     (e) clarifies the use of
     Sec.   229.27).
    --(f)(2) Annual report to  1 manufacturer..  1 report........  12 hours.......  12 hours.......          864
     FRA on radios found with
     frequency drift (New
     requirement).
232.503--Process to introduce  708 railroads...  1 letter........  1 hour.........  1 hour.........           72
 new brake technology.
    --Special approval.......  708 railroads...  1 request.......  3 hours........  3 hours........          216
232.505--Pre-revenue service   708 railroads...  1 procedure.....  160 hours......  160 hours......       11,520
 acceptance test plan--
 Submission of maintenance
 procedure.
    --Amendments to            708 railroads...  1 revision......  40 hours.......  40 hours.......        2,880
     maintenance procedure.
    --Design description.....  708 railroads...  1 petition......  67 hours.......  67 hours.......        4,824
    --Report to FRA Assoc.     708 railroads...  1 report........  13 hours.......  13 hours.......          936
     Admin. for Safety.
    --Brake system technology  708 railroads...  1 description...  40 hours.......  40 hours.......        2,880
     testing.
232.717(c)--Freight and        40 railroads....  40 written plans  6 hours........  240 hours......       17,280
 passenger train car brakes--
 Written maintenance plan
 (formerly under appendix B,
 recodified subpart H).
                              ----------------------------------------------------------------------------------
    Total....................  708 railroads...  5,345,581         N/A............  333,682 hours..   24,025,104
                                                  responses.
----------------------------------------------------------------------------------------------------------------

    All estimates include the time for reviewing instructions,
searching existing data sources, gathering or maintaining the needed
data, and reviewing the information. For information or a copy of the
paperwork package submitted to OMB, contact Ms. Hodan Wells,
Information Collection Clearance Officer, Office of Railroad Safety,
Federal Railroad Administration, at<PHONE_NUMBER>.
    Organizations and individuals desiring to submit comments on the
collection of information requirements should direct them to Ms. Hodan
Wells via email at<EMAIL_ADDRESS>    OMB is required to make a decision concerning the collection of
information requirements contained in this rule between 30 and 60 days
after publication of this document in the Federal Register. Therefore,
a comment to OMB is best assured of having its full effect if OMB
receives it within 30 days of publication. FRA is not authorized to
impose a penalty on persons for violating information collection
requirements that do not display a current OMB control number, if
required. The current OMB control number for 49 CFR 229 is 2130-0008.

D. Environmental Impact

    FRA has evaluated this final rule consistent with the National
Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.), the Council of
Environmental Quality's NEPA implementing regulations at 40 CFR parts
1500-1508, and FRA's NEPA implementing regulations at 23 CFR part 771
and determined that it is categorically excluded from environmental
review and therefore does not require the preparation of an
environmental assessment (EA) or environmental impact statement (EIS).
Categorical exclusions (CEs) are actions identified in an agency's NEPA
implementing regulations that do not normally have a significant impact
on the environment and therefore do not require either an EA or EIS.
See 40 CFR 1508.4. Specifically, FRA has determined that this final
rule is categorically excluded from detailed environmental review
pursuant to 23 CFR 771.116(c)(15), ``[p]romulgation of rules, the
issuance of policy statements, the waiver or modification of existing
regulatory requirements, or discretionary approvals that do not result
in significantly increased emissions of air or water pollutants or
noise.''
    The purpose of this rulemaking is to revise FRA's regulations
governing brake inspections, tests, and equipment to reduce unnecessary
costs and incentivize innovation, while improving or maintaining rail
safety. This rule does not directly or indirectly impact any
environmental resources and will not result in significantly increased
emissions of air or water pollutants or noise. Instead, the final rule
is likely to result in safety benefits. In analyzing the applicability
of a CE, FRA must also consider whether unusual circumstances are
present that would warrant a more detailed environmental review. See 23
CFR 771.116(b). FRA calculated quantifiable reductions in air emissions
related to reduced idling in the cost-benefit analysis for this
rulemaking. However, these reductions are likely to result in
environmental benefits and do not necessitate further environmental
documentation. FRA has concluded that no such unusual circumstances
exist with respect to this final regulation and it meets the
requirements for categorical exclusion under 23 CFR 771.116(c)(15).
    Pursuant to Section 106 of the National Historic Preservation Act
and its implementing regulations, FRA has determined this undertaking
has no potential to affect historic properties. See 16 U.S.C. 470. FRA
has also determined that this rulemaking does not approve a project
resulting in a use of a resource protected by Section 4(f). See
Department of Transportation Act of 1966, as amended (Pub. L. 89-670,
80 Stat. 931); 49 U.S.C. 303.
    Executive Order 12898, Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, and DOT
Order 5610.2(a) (91 FR 27534 May 10, 2012) require DOT agencies to
achieve environmental justice as part of their mission by identifying
and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects, including interrelated social
and economic effects, of their programs, policies, and activities on
minority populations and low-income populations. The DOT Order
instructs DOT agencies to address compliance with Executive Order 12898

and requirements within the DOT Order in rulemaking activities, as
appropriate. FRA has evaluated this final rule under Executive Order
12898 and the DOT Order and has determined it would not cause
disproportionately high and adverse human health and environmental
effects on minority populations or low-income populations.

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 final rule in accordance with the principles
and criteria contained in E.O. 13132. This final 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 final 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 final 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 final rule would not burden the development or use of
domestically produced energy resources.

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.

V. The Rule

    For the reasons discussed in the preamble, FRA amends 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 paragraphs (c) introductory text and
(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 handbrakes; 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 test 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 above the
coupler, where its visibility is not obscured and it does not interfere
with an employee's access to, or use of, any other safety appliance on
the car.

0
5. Amend appendix A to part 221 by revising paragraphs (a)(2)(ii) and
(b)(3)(ii) to read as follows:

Appendix A to Part 221--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) to 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 subparts A through G of this
part or the requirements contained in part 238 of this chapter.

0
8. Amend Sec.  232.3 by revising paragraph (c) introductory text to
read 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 introductory text and removing the
definition of ``Air Flow Indicator, AFM'' and adding definitions for
``Air flow method indicator, AFM,'' ``Air repeater unit, ARU,''
``APTA,'' and ``Gradient, brake pipe'' in alphabetical order to read as
follows:

Sec.  232.5  Definitions.

    The definitions in this section are intended to clarify the meaning
of terms used in this part.
* * * * *
    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, ARU 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.
* * * * *
    Gradient, brake pipe means the difference in brake pipe pressure,
usually measured in pounds per square inch (psi), between each air
supply source (e.g., locomotive, distributed power unit, or ARU) or
between an air supply source and the rear car of the train when the
brake system is fully charged under existing leakage and temperature
conditions.
* * * * *

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 https://railroads.dot.gov/ contains a schedule of
civil penalty amounts used in connection with this part.
* * * * *

0
11. Amend Sec.  232.17 by revising paragraph (a), and revising and
republishing paragraph (b) to read as follows:

Sec.  232.17  Special approval procedure.

    (a) General. The following procedures govern consideration and
action upon requests for special approval of a plan under Sec.
232.15(g); an alternative standard under Sec.  232.305 or Sec.
232.603; an alternative technology under Sec.  232.407(b) or (c); or a
single car test procedure under Sec.  232.611; and pre-revenue service
acceptance testing plans under subpart F of this part.
    (b) Petitions for special approval of an alternative standard or
test procedure. Each petition for special approval of a plan under
Sec.  232.15(g); an alternative standard under Sec.  232.305 or Sec.
232.603; an alternative technology under Sec.  232.407(b) or (c); or a
single car test procedure under Sec.  232.611 shall contain:
    (1) The name, title, address, and telephone number of the primary
person to be contacted with regard to review of the petition;
    (2) The plan, alternative standard, alternative technology, or test
procedure proposed, in detail, to be submitted for or to meet the
particular requirement of this part;
    (3) Appropriate data or analysis, or both, for FRA to consider in
determining whether the plan, alternative standard, alternative
technology, or test procedure, will be consistent with the guidance
under Sec.  232.15(f), if applicable, and will provide at least an
equivalent level of safety or otherwise meet the requirements contained
in this part; and
    (4) A statement affirming that the railroad has served a copy of
the petition on designated representatives of its employees, together
with a list of the

names and addresses of the persons served.
* * * * *

0
12. Amend Sec.  232.103 by revising paragraphs (l) and (m) to read as
follows:

Sec.  232.103  General requirements for all train brake systems.

* * * * *
    (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, ``Freight
Brakes- Performance Specification,'' Revised 2006 (contained in AAR
Manual of Standards and Recommended Practices, Brakes and Brake
Equipment), also referred to as AAR Standard S-469-01. 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.
    (m) An en route train shall be stopped at the next available
location, inspected for leaks in the brake system, and provided with
corrective action, if the train experiences:
    (1) A brake pipe gradient of greater than 15 psi; or
    (2) A brake pipe air flow of greater than that permitted by this
part, when the air flow has been qualified by the Air Flow Method as
provided for in subpart C of this part and the indication does not
return to within the limits in a reasonable time.
* * * * *

0
13. Amend Sec.  232.203 by revising paragraph (c) to read as follows:

Sec.  232.203  Training requirements.

* * * * *
    (c) A railroad that operates trains required to be equipped with a
two-way end-of-train telemetry device pursuant to subpart E of this
part, and each contractor that maintains such devices, shall adopt and
comply with a training program that specifically addresses:
    (1) The testing, operation, and maintenance of two-way end-of-train
devices for employees who are responsible for the testing, operation,
and maintenance of the devices; and
    (2) For operating employees the limitations and proper use of the
emergency application signal and the loss of communication indication
between front-of-train and rear-of-train devices.
* * * * *

0
14. Amend Sec.  232.205 by revising paragraph (a)(3), revising and
republishing paragraphs (b) and (c)(1), adding paragraph (c)(9), and
revising paragraph (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) Except as provided in Sec.  232.209, each car and each solid
block of cars added to a train shall receive a Class I brake test as
described in paragraph (c) of this section at the location where it is
added to a train unless:
    (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) A Class I brake test of a train shall consist of the following
tasks and requirements:
    (1) Brake pipe leakage shall not exceed 5 psi per minute or air
flow shall not exceed 60 cubic feet per minute (CFM).
    (i) Leakage Test. The brake pipe leakage test shall be conducted as
follows:
    (A) Charge the air brake system to the pressure at which the train
will be operated, and the pressure at the rear of the train shall be
within 15 psi of the pressure at which the train will be operated, but
not less than 75 psi, as indicated by an accurate gauge or end-of-train
device at the rear end of train;
    (B) Upon receiving the signal to apply brakes for test, make a 20-
psi brake pipe service reduction;
    (C) If the locomotive used to perform the leakage test is equipped
with a means for maintaining brake pipe pressure at a constant level
during a 20-psi brake pipe service reduction, this feature shall be cut
out during the leakage test; and
    (D) With the brake valve lapped and the pressure maintaining
feature cut out (if so equipped) and after waiting 45-60 seconds, note
the brake pipe leakage as indicated by the brake-pipe gauge in the
locomotive, which shall not exceed 5 psi per minute.
    (ii) Air Flow Method Test. When a locomotive is equipped with a 26-
L brake valve or equivalent pressure maintaining locomotive brake
valve, a railroad may use the Air Flow Method Test as an alternate to
the brake pipe leakage test. The Air Flow Method (AFM) Test shall be
performed as follows:
    (A) Charge the air brake system to the pressure at which the train
will be operated, and the pressure at the rear of the train shall be
within 15 psi of the pressure at which the train will be operated, but
not less than 75 psi, as indicated by an accurate gauge or end-of-train
device at the rear end of train; and
    (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 [deg]F.
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.
* * * * *
    (9) Although an air repeater unit is not a locomotive or
appurtenance under part 229, an air repeater unit operated in
accordance with this part must:
    (i) Receive an inspection in accordance with Sec.  229.21 where and
when an inspection is required in accordance with Sec.  232.205(a)(1);
and
    (ii) Otherwise comply with part 229 as applicable to those parts
that provide compressed air, modulate the brake pipe, and otherwise
control the movement of the train. All remaining parts are subject to
the inspection requirements of parts 215 and 232.
* * * * *
    (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
15. Amend Sec.  232.207 by revising paragraph (c)(2) to read as
follows:

Sec.  232.207  Class IA brake tests--1,000-mile inspection.

* * * * *
    (c) * * *
    (2) 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 a Class IA brake test is performed to a location not on
the railroad's list of designated locations for performing Class IA
brake tests, provided that the railroad notifies FRA's Associate
Administrator for Safety within 24 hours after the designation has been
changed and the reason for that change.

0
16. Amend Sec.  232.209 by revising and republishing paragraph (a) 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;
    (2) Each solid block of cars, as defined in Sec.  232.5, that is
comprised of cars from more than one previous train; and
    (3) Except as provided in paragraph (a)(4) of this section, each
solid block of cars that is comprised of cars from only one previous
train, the cars of which have not remained continuously and
consecutively coupled together with the train line remaining connected
since being removed from the previous train. A solid block of cars is
considered to have remained continuously and consecutively coupled
together with the train line remaining connected since being removed
from the previous train if it has been changed only by removing
defective equipment.
    (4) Each solid block of cars that 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, if they
are not added in the same relative order as when removed from the
previous train or if the cars in each of the multiple blocks of cars
have not remained continuously and consecutively coupled together with
the train line remaining connected, except for the removal of defective
equipment.
* * * * *

0
17. 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
18. Amend Sec.  232.213 by:
0
a. Removing paragraph (a)(1)(iii);
0
b. Redesignating paragraph (a)(1)(iv) as (a)(1)(iii);
0
c. Revising paragraph (a)(5);
0
d. Revising and republishing paragraph (a)(6); and
0
e. Adding paragraph (a)(8).
    The revisions 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) In order for an extended haul train to proceed beyond 1,500
miles, the following requirements shall be met:
    (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 within 24 hours after the
designation has been changed and the reason for that change.
* * * * *

0
19. 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
20. Amend Sec.  232.219 by revising the section heading and revising
and republishing paragraph (c) to read as follows:

Sec.  232.219  Double-heading and helper service.

* * * * *
    (c) If a helper locomotive utilizes a Helper Link device or a
similar technology, the locomotive and device shall be equipped,
designed, and maintained as follows:
    (1) The locomotive engineer shall be notified by a distinctive
alarm of any loss of communication between the device and the two-way
end-of-train device of more than 25 seconds;
    (2) A method to reset the device shall be provided in the cab of
the helper locomotive that can be operated from the engineer's usual
position during operation of the locomotive. Alternatively, the helper
locomotive or the device shall be equipped with a means to
automatically reset the device, provided that the automatic reset
occurs within the period time permitted for manual reset of the device;
and
    (3) 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 chapter to
ensure the safe use of this alternative procedure.
    (4) The device shall be tested for accuracy and calibrated if
necessary according to the manufacturer's specifications and procedures
every 365 days. This shall include testing radio frequencies and
modulation of the device. A legible record of the date and location of
the last test or calibration shall be maintained with the device.

0
21. 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:
    (i) A manual single car air brake test (AAR Standard S-486) within
the previous 12-month period;
    (ii) An automated single car air brake test (AAR Standard S-4027
Sec. Sec.  3.0 and 4.0) within the previous 24-month period;
    (iii) 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, ``Code of Air Brake System Tests for
Freight Equipment--Single Car Test,'' Revised 2018 (contained in AAR
Manual of Standards and Recommended Practices, Brakes and Brake
Equipment), also referred to as AAR Standard S-486-18.
    (ii) AAR Standard S-4027, ``Automated Single-Car Test Equipment,
Conventional Brake Equipment--Design and Performance Requirements,''
Revised 2018 (contained in AAR Manual of Standards and Recommended
Practices, Brakes and Brake Equipment), also referred to as AAR
Standard S-4027-18.
    (2) [Reserved]

0
22. Amend Sec.  232.307 by revising the section heading and revising
and republishing paragraph (a) to read as follows:

Sec.  232.307  Modification of brake test procedures.

    (a) Request. The AAR or other authorized representative of the
railroad industry may seek modification of brake test procedures
prescribed in this chapter. The request for modification shall be
submitted to the Associate Administrator for Safety, Federal Railroad
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590 and
shall contain:

    (1) The name, title, address, and telephone number of the primary
person to be contacted with regard to review of the modification;
    (2) The section and paragraph at issue, and the modification, in
detail, to be substituted for a particular procedure prescribed in this
chapter;
    (3) Appropriate data or analysis, or both, for FRA to consider in
determining whether the modification will provide at least an
equivalent level of safety; and
    (4) A statement affirming that the railroad industry has served a
copy of the request on the designated representatives of the employees
responsible for the equipment's operation, inspection, testing, and
maintenance under this part, together with a list of the names and
addresses of the persons served.
* * * * *

0
23. Amend Sec.  232.403 by revising paragraph (d)(6) and revising and
republishing paragraphs (f)(4) and (g) to 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) The front unit shall be designed to meet the requirements of
paragraphs (d)(2), (3), (4), and (5) of this section. It shall also be
designed to meet the performance requirements in this paragraph under
the following environmental conditions:
    (i) At temperatures from 0 [deg]C to 60 [deg]C;
    (ii) During a shock of 10 g. peak for 0.01 seconds in any axis.
    (g) Radio equipment. (1) The radio transmitter in the rear unit and
the radio receiver in the front unit shall comply with the applicable
regulatory requirements of the Federal Communications Commission (FCC)
and use of a transmission format acceptable to the FCC.
    (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 by a generator--an air turbine or
alternative technology--a backup battery or similar energy storage
device is required with a minimum of 12 hours continuous power at 0
[deg]C in the event the generator stops functioning as intended.

0
24. Amend Sec.  232.407 by revising paragraphs (b), (c), (e)(1), and
(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.

* * * * *
    (b) General. All trains not specifically excepted in paragraph (e)
of this section shall be equipped with and shall use either a two-way
end-of-train device meeting the design and performance requirements
contained in Sec.  232.405 or a device using an alternative technology
approved by FRA pursuant to Sec.  232.17 to perform the same function.
    (c) New devices. Each newly manufactured end-of-train device
purchased by a railroad shall be a two-way end-of-train device meeting
the design and performance requirements contained in Sec.  232.405 or a
device using an alternative technology approved by FRA pursuant to
Sec.  232.17 to perform the same function.
* * * * *
    (e) * * *
    (1) Trains with a locomotive, locomotive consist, or air repeater
unit located at the rear of the train that is capable of making an
emergency brake application, through a command effected by telemetry or
by a crew member in radio contact with the controlling locomotive.
* * * * *
    (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 a minimum charge at
installation before initiating generator operation.
* * * * *

0
25. Amend Sec.  232.409 by revising paragraph (d) and adding paragraphs
(e) and (f) 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 by the processes and frequency identified in Sec.
229.27 or by manufacturer specifications approved under Sec.  232.307.
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.
    (f) Each manufacturer of telemetry transceiver equipment must
either:
    (1) Establish and communicate publicly to its customers a
reasonable recommended calibration period; or
    (2) Submit to FRA an annual report including:
    (i) The total number of transceivers--itemized by model name,
number, or type--sold to date;
    (ii) The number of transceivers that have been reported as
inoperative or otherwise malfunctioning or returned for servicing; and
    (iii) The number of transceivers reported or returned for service
with frequency modulation or transmit power outside of either
manufacturer's specifications or FCC-approved specifications.

0
26. Amend Sec.  232.603 by revising paragraphs (a) introductory text,
(d), 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 (g) of this section.
* * * * *
    (d) Exceptions. (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, ``Freight Brakes--
Performance Specification.''
* * * * *
    (f) Modification of standards. The AAR or other authorized
representative of the railroad industry may seek

modification of the industry standards identified in or approved
pursuant to paragraph (g) 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.
    (g) 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,
(contained in AAR Manual of Standards and Recommended Practices, Brakes
and Brake Equipment).
    (ii) AAR S-4210, ``ECP Cable-Based Brake System Cable, Connectors,
and Junction Boxes--Performance Specifications,'' Revised 2014,
(contained in AAR Manual of Standards and Recommended Practices, Brakes
and Brake Equipment).
    (iii) AAR S-4220, ``ECP Cable-Based Brake DC Power Supply--
Performance Specification,'' Version 2.0, Revised 2002, (contained in
AAR Manual of Standards and Recommended Practices, Electronically
Controlled Brake Systems).
    (iv) AAR S-4230, ``Intratrain Communication Specification for
Cable-Based Freight Train Control System,'' Version 4.1, Revised 2014,
(contained in AAR Manual of Standards and Recommended Practices, Brakes
and Brake Equipment).
    (v) AAR S-4240, ``ECP Brake Equipment--Approval Procedure,''
Adopted 2007, (contained in AAR Manual of Standards and Recommended
Practices, Electronically Controlled Brake Systems).
    (vi) AAR S-4250, ``Performance Requirements for ITC Controlled
Cable-Based Distributed Power Systems,'' Version 3.0, Revised 2014,
(contained in AAR Manual of Standards and Recommended Practices, Brakes
and Brake Equipment).
    (vii) AAR S-4260, ``ECP Brake and Wire Distributed Power
Interoperability Test Procedures,'' Revised 2008 (contained in AAR
Manual of Standards and Recommended Practices, Brakes and Brake
Equipment).
    (viii) AAR S-4270, ``ECP Brake System Configuration Management,''
Adopted 2008, (contained in AAR Manual of Standards and Recommended
Practices, Electronically Controlled Brake Systems).
    (2) [Reserved]
* * * * *

0
27. 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) of this section, 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).

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:

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

    (i)(1) Foundation brake rigging, and safety supports, where used,
must be maintained in a safe and suitable condition for service.
Levers, rods, brake beams, hangars and pins must be of ample strength
and must not bind or foul in any way that will affect proper operation
of brakes. All pins must be properly applied and secured in place with
suitable locking devices. Brake shoes must be properly applied and kept
approximately in line with treads of wheels or other braking surfaces.
    (2) No part of the foundation brake rigging and safety supports
shall be closer to the rails than specified by law and orders of the
FRA.
    (j)(1) Main reservoir leakage: Leakage from main air reservoir and
related piping shall not exceed an average of 3 pounds per minute in a
test of three minutes' duration, made after the pressure has been
reduced 40 percent below maximum pressure.
    (2) Brake pipe leakage: Brake pipe leakage must not exceed 5 pounds
per minute after a reduction of 10 pounds has been made from brake pipe
air pressure of not less than 70 pounds.
    (3) Brake cylinder leakage: With a full service application of
brakes, and with communication to the brake cylinders closed, brakes
must remain applied not less than five minutes.
    (4) The main reservoir system of each unit shall be equipped with
at least one safety valve, the capacity of which shall be sufficient to
prevent an accumulation of pressure of more than 10 pounds per square
inch above the maximum setting of the compressor governor fixed by the
chief mechanical officer of the carrier operating the locomotive.
    (5) A suitable governor shall be provided that will stop and start
the air compressor within 5 pounds above or below the pressures fixed.
    (6) Compressor governor when used in connection with the automatic
air 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:

------------------------------------------------------------------------
                                                                Pounds
------------------------------------------------------------------------
(1) Locomotives:
    (i) Minimum brake pipe air pressure:
        (A) Road Service....................................          70
        (B) Switch Service..................................          60
    (ii) Minimum differential between brake pipe and main             15
     reservoir air pressures, with brake valve in running
     position...............................................
    (iii) Safety valve for straight air brake...............       30-55
                                                                   30-68
    (iv) Safety valve for LT, ET, No. 8-EL, No. 14 El, No. 6-      30-75
     DS, No. 6-BL and No. 6-SL equipment....................
    (v) Safety valve for HSC and No. 24-RL equipment........       30-50
    (vi) Reducing valve for independent or straight air               50
     brake..................................................
    (vii) Self-lapping portion for electro-pneumatic brake         30-50
     (minimum full application pressure)....................
    (viii) Self-lapping portion for independent air brake          40-60
     (full application pressure)............................
    (viiii) Reducing valve for air signal...................          50
    (x) Reducing valve for high-speed brake (minimum).......
(2) Cars:
    (i) Reducing valve for high-speed brake.................       58-62
    (ii) Safety valve for PS, LN, UC, AML, AMU and AB-1-B          58-62
     air brakes.............................................
    (iii) Safety valve for HSC air brake....................       58-77
    (iv) Governor valve for water raising system............          60
    (v) 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) of this section. 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.
    (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.
    (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