By Michael W. Shumate

On December 11, 2020 the FRA published amendments to 49 CFR Parts 218, 221, and 232, incorporating into the regulations various longstanding waivers providing conditional exceptions to existing rules concerning air brake testing, end-of-train (EOT) devices, and helper service.

The FRA also extended to 24 hours the time that freight rail equipment can be ‘‘off-air’’ before requiring a new brake inspection and made various modifications to the existing brake-related regulations for clarity and removed outdated or unnecessary provisions.

The full text of the amendments can be found at:  https://railroads.dot.gov/elibrary/49-cfr-parts-218-221-and-232-miscellaneous-amendments-brake-system-safety-standards-and

Which FRA waivers are being codified/affected?

There are many existing FRA waivers that may be affected by these amendments. The broad categories (and related regulations) are as follows. Existing individual waivers held by carriers should be examined to determine applicability:

• Extending airflow Limits (49 CFR 232.205(c))
• End of Train Device (“EOT device”)
  • Power Source (49 CFR 232.403(F)(2))
  • Calibration (49 CFR 232.409 (d))
  • Helper Service (49 CFR 232.219 (c))
  • Marker Lamp Height (49 CFR 221.13(d))
  • Utility Employee Duties (49 CFR 218.22(c)(5))
• Single Car Test
  • AAR Standard S-486-18 (49 CFR 232.305(a))
  • AAR Standard S-4027-18 (49 CFR 232.305(a))
• Automated Single Car Test Testing Periodicity (49 CFR 232.305(b)(2))
• Brake Systems for Covered Non-freight Operations
  • Add AAR Standard S–4045–13 (49 CFR 232.717(b)(2), formerly appx B, I, § 232.17(b)(2))

Summary of Amendments:

49 CFR Part 218

• Section 281.22 – Utility Employees
  • Employees changing out batteries (that do not require the use of tools) on EOT devices are now added to the list of functions that do not require blue flag protection

49 CFR Part 221

• Section 221.13 – EOT Marking Device Display Requirements
  • The height requirement for the centroid of any marking device now only requires that it be located above the coupler where its visibility is not obscured and does not interfere with safety appliances or access thereto

49 CFR Part 232

• Section 232.1 – Scope
  • Removes historical compliance schedule as the dates contained therein have passed and are now irrelevant
• Section 232.5 – Definitions
  • Definition of air flow method indicator now includes digital AFM indicators
    • Digital indicators must have equivalent or finer resolution markings as compared to analog
  • Definition of Air Repeater Unit, ARU, and APTA modified as follows:
    • A specialized car, other rolling equipment, or containers in well cars can be used as an ARU by providing an additional brake pipe source responding to air control instructions from a controlling locomotive using a communication system such as a distributed power system.
    • For an item to be considered an ARU under this definition, the communications must be akin to a distributed power system to ensure accurate and sufficient responses.
    • The purpose and use of the technology, not its physical description, determines whether an item is an ARU
  • Adds a definition for Brake Pipe Gradient
    • The readily measured change in psi of air pressure between the front and rear of the train
  • Section 232.11 – Penalties
    • Specific penalty amounts have been replaced with reference to the minimum, ordinary maximum and aggravated maximum civil monetary penalties, as laid out in 49 CFR part 209, appendix A and at fra.gov.
  • Section 232.17 – Special Approval Procedure
    • Allows for applications for approval of new technologies to enhance or replace EOT devices as covered by §232.407
  • Section 232.103 – General Requirements for All Train Brake Systems
    • AAR Standard S-469-01 is now incorporated by reference
    • 232.103(m) is modified to clarify that a train must be stopped at the next available location and be inspected for leaks if it experiences a brake pipe gradient greater than 15 psi, to correspond with §232.205(c).
  • Section 232.203 – Training Requirements
    • 232.203(c) is modified to require employees who operate EOT equipment be trained on the limitations and proper use of the equipment’s emergency application signal and loss of communications indicator.
  • Section 232.205 – Class I Brake Test – Initial Terminal Inspection
    • Class I brake test 4 hour off-air limitation is extended to 24 hours
    • Air flow test leakage limit is increased to 90 CFM when a DPU or ARU is utilized. See Paragraph (c)(1)(ii)(B)
      • Each railroad is required to implement operating rules intended to ensure compliant operation of a train if airflow exceeds the required parameters after the Class I brake test is completed.
    • AFM Indicator Calibration
      • AFM indicator and test orifices must be calibrated at temperatures not less than 20 degrees Fahrenheit, and indicators must be accurate to within plus or minus 3 CFM at 60 CFM airflow
      • Last date of calibration must be recorded on locomotive blue card. See paragraph (c)(1)(iv)
      • Use of AMF indicators not in compliance with part 232 is now prohibited, and requires tagging in accordance with §232.15(b).
    • Section 232.207 – Class IA Brake Tests – 1,000-Mile Inspection
      • No substantive change, just a removal of superfluous reference to the FRA Regional Administrator
    • Section 232.209 – Class II Brake Tests – Intermediate Inspection
      • Consistent with amendments to Section 232.205
    • Section 232.211 – Class III Brake Tests – Trainline Continuity Inspection
      • Consistent with amendments to Section 232.205
    • Section 232.213 – Extended Haul Trains
      • Paragraph 232.213(a)(1)(iii) is removed. and the information regarding equipment in use is no longer required in reporting to the FRA regarding extended haul trains
      • Paragraph 232.213(a)(1)(iv) is redesignated as paragraph 232.213(a)(1)(iii)
      • Paragraph 232.213(a)(8) is added to provide railroads the flexibility to designate different inspection and test locations for extended haul trains in emergency-type circumstances. These new notification procedures mirror the existing procedures outlined in §232.207(c)(2)
      • References to outdated inbound inspections are removed from paragraphs 232.213(a)(5) and (6)
    • Section 232.217 – Train Brake Tests Conducted Using Yard Air
      • the off air requirements for this section mirror the amended requirements in section 232.205 discussed above
    • Section 232.219 – Double-Heading and Helper Service
      • Amendment adds a new paragraph, which permits the use of a properly installed and tested EOT device on the helper locomotive that is cut in to the train line air supply
        • Railroads taking advantage of the amendment must develop accompanying operating rules consistent with parts 221 (marker light display) and 232 (EOT device installation and testing).
      • Section 232.305 – Single Car Air Brake Tests
        • Updates the previous testing requirements under AAR Standard S-486-04 to S-486-18
        • Adds AAR Standard S-4027, allowing SCTs via automated single car test devices
        • Paragraph (b) 2 is amended to extend the testing interval form 12 months to 24 months when the SCT is done with an end-of-car ASCTD, or 48 months when the test is done with a four-pressure ASCTD.
      • Section 232.307 – Modification of the Single Car Air Brake Test Procedures
        • Industry standards for air brake maintenance and testing may incorporated utilizing the new procedures outlined by the amendment
          • Requires petitioners to specify the part, section, and paragraph for which modification is requested
        • Title is being changed to simply “Brake Test Procedures”
      • Section 232.403 – Design Standards for One-Way End of Train Devices
        • Changes the 0.1 second interval for shock intervals discussed in paragraphs (d)(6) and (f)(4) to the peak shock threshold in AAR Standards S-9162 and S-9401
        • New paragraph (g)(3) provides for use of an air-powered generator as a power source so long as it has a 12 hour backup battery
      • Section 232.407 – Operations Requiring Use of Two-Way End of Train Devices; Prohibition on Purchase of Nonconforming Devices
        • Clarifies that an ARU may be used under the (e)(1) exception for the requirement for the use of a two-way EOT device.
        • New paragraph (f)(2) requires that batteries be sufficiently charged at the initial terminal to ensure the charge will last until the train reaches its destination.
          • Air powered generator devices must be tested for a minimum charge before initiating generator operation
        • Section 232.409 – Inspection and Testing of End of Train Devices
          • Telemetry equipment must be tested for accuracy and calibrated according to the manufacturer’s specifications
            • The 368 day testing interval is removed
          • EOT device air pressure sensor must be tested as detailed in §229.27or by manufacturer specifications under §232.307
          • Manufacturers of telemetry equipment must either:
            • Establish and communicate to customers a reasonable calibration period, or
            • Submit an annual report to FRA including the total number of transceivers, the number reported inoperative or otherwise malfunctioning, and the number of transceivers reported or returned for service with frequency modulation/transmit power out of spec
          • Section 232.603 – Design, Interoperability, and Configuration Management Requirements
            • Incorporates, by reference, AAR standards and recommended practices for ECP brake systems as listed in paragraph (g)
            • Allows for requests for modification of industry standards
            • Adds an exception for freight cars/trains equipped with an ECP standalone brake
          • Section 232, Subpart H – Tourist, Scenic, Historic, and Excursion Operations Braking Systems
            • Moves appendix B to new subpart H, sections 232.700-719.

For further information, please contact Michael Shumate at mshumate@fletcher-sippel.com