Brake System Safety Standards for Freight

Subpart A – General

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Module Objectives
        - Identify proper train placement of equipment with inoperative brakes based on a given scenario
        - Compute the percentage of operative brakes based on a given scenario
        - Explain the elements that characterize a location where brake repairs can be performed

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Subpart A
        - Scope – 232.1
        - Applicability – 232.3
        - Definitions – 232.5
        - Waivers – 232.7
        - Responsibility for compliance 232.9
        - Penalties – 232.11
        - Preemptive effect –232.13
        - Movement of defective equip.– 232.15
        - Special approval procedure – 232.17
        - Availability of records – 232.19
        - Information collection – 232.21

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Appendix B not under Subpart A

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Staggered ImplementationKey Dates
        - May 31, 2001 - All of Subpart A with the exception of “Movement of defective equipment provisions” and Subpart E, End-of-Train Devices
        - August1, 2001 – Subpart D, Periodic Maintenance & Testing Requirements
        - April 1, 2004 – Subparts B, C, F and “Movement of defective equipments provisions” from Subpart A

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Which Railroads ? 

	The new Brake System Safety Standards for Freight apply only to freight railroads (excludes Subpart E – EOT’s, applies to passenger as well), operating freight trains operating over the general system of transportation

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Exceptions Plant railroads, 

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Are any railroads exempt ?
        - Plant railroads.
        - Rapid transit operations not connected to the general system.
        - Freight and other non-passenger trains of four wheel coal cars.
        - Freight and other non-passenger trains of eight wheel logging cars where height from top of rail to C/L of coupler is not more than 25" 
        - A locomotive used to haul only logging cars. 
        - Passenger trains (see next slide). 
        - Tourist, scenic, historic, or excursion operations, whether on or off the general system (see next slide). 

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Exemptions continued
        - Intercity, commuter, short haul, long distance and other passenger trains operating over the general system must comply with Part 238 regulations.
        - Tourist, scenic, historic, or excursion operations, whether on or off the general system must comply with the former Power Brake Regulations that now reside under Appendix B to Part 232.

	Note: All passenger, freight, tourist, scenic, historic or excursion trains operating over the general system must comply with End-of-Train Device requirements contained in Subpart E of Part 232. 

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Additional ExemptionsICC Order 13528 
        - Scale cars, locomotive cranes, steam shovels, pile drivers and machines of similar construction, and maintenance machines built prior to September 21, 1945.
        - Export, industrial, and other cars not owned by a railroad which are not to be used in service, except for movement as shipments on their own wheels to given destinations. Such cars shall be properly identified by a card attached to each side of the car, signed by the shipper, stating that such movement is being made under the authority of this paragraph.
        - Industrial and other than railroad-owned cars which are not to be used in service except for movement within the limits of a single switching district (i.e., within the limits of an industrial facility).
        - Narrow-gage cars.
        - Cars used exclusively in switching operations and not used in train movements within the meaning of the Federal safety appliance laws.

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Definitions

	There are several definitions listed in this rule, we will discuss only those definitions that may impact your understanding of what we’ll be attempting to impart to you this week.  

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Brake, effective

	Means a brake that is capable of producing its nominally designed retarding force on the train. A car's air brake is not considered effective if it is not capable of producing its nominally designed retarding force or if its piston travel exceeds:

10 1⁄2  inches for cars equipped with nominal 12-inch stroke brake cylinders; or

The piston travel limit indicated on the stencil, sticker, or badge plate for that brake cylinder.

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Brake indicator

	Means a device which indicates the brake application range and indicates whether brakes are applied and released.

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Brake, inoperative

	Means a primary brake that, for any reason, no longer applies or releases as intended.

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Brake, secondary

	Means those components of the train brake system which develop supplemental brake retarding force that is not needed to stop the train within signal spacing distances or to prevent thermal damage to wheels.

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Brake, primary 

	Means those components of the train brake system necessary to stop the train within the signal spacing distance without thermal damage to friction braking surfaces.

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Cold weather

	Means when the ambient temperature drops below 10 degrees Fahrenheit (F) (minus 12.2 degrees Celsius).

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Definition taken from 232.107

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Contractor

	A person under contract with the railroad or car owner.

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Definition taken from 232.107

Definition taken from 232.203

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Off air 

	Means not connected to a continuous source of compressed air of at least 60 pounds per square inch (psi).

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Ordered date or date ordered

	Means the date on which notice to proceed is given by a procuring railroad to a contractor or supplier for new equipment.

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Piston travel

	Means the amount of linear movement of the air brake hollow rod (or equivalent) or piston rod when forced outward by movement of the piston in the brake cylinder or actuator and limited by the brake shoes being forced against the wheel or disc.

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Pre-revenue serviceacceptance testing plan 

	Means a document, as further specified in § 232.505, prepared by a railroad that explains in detail how pre-revenue service tests of certain equipment demonstrate that the equipment meets Federal safety standards and the railroad's own safety design requirements.

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Previously tested equipment

	Means equipment that has received a Class I brake test pursuant to §232.205 and has not been off air for more than four hours.

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Primary responsibility

	Means the task that a person performs at least 50 percent of the time. The totality of the circumstances will be considered on a case-by-case basis in circumstances where an individual does not spend 50 percent of the day engaged in any one readily identifiable type of activity.

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Qualified mechanical inspector

	Means a qualified person who has received, as a part of the training, qualification, and designation program required under §232.203:

Instruction and training that includes "hands-on" experience (under appropriate supervision or apprenticeship) in one or more of the following functions: troubleshooting, inspection, testing, maintenance or repair of the specific train brake components and systems for which the person is assigned responsibility. 

This person shall also possess a current understanding of what is required to properly repair and maintain the safety-critical brake components for which the person is assigned responsibility. Further, the qualified mechanical inspector shall be a person whose primary responsibility includes work generally consistent with the functions listed in this definition.

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Qualified person

	Means a person who has received, as a part of the training, qualification, and designation program required under §232.203, instruction and training necessary to perform one or more functions required under this part. 

	The railroad is responsible for:

Determining that the person has the knowledge and skills necessary to perform the required function for which the person is assigned responsibility. 

Determines the qualifications and competencies for employees designated to perform various functions in the manner set forth in this part. 

Determining the required functions for which an individual will be deemed a "qualified person" based upon the instruction and training the individual has received pursuant to §232.203 concerning a particular function.

	Note: Although the rule uses the term "qualified person" to describe a person responsible for performing various functions required under this part, a person may be deemed qualified to perform some functions but not qualified to perform other functions. For example, although a person may be deemed qualified to perform the Class II/intermediate brake test required by this part, that same person may or may not be deemed qualified to perform the Class I/initial Terminal brake test or authorize the movement of defective equipment under this part. 

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Rebuilt equipment

	Means equipment that has undergone overhaul identified by the railroad as a capital expense under the Surface Transportation Board's accounting standards.

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"Roll-by"

	Means an inspection performed while equipment is moving.

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Solid block of cars

	Means two or more freight cars coupled together and added to or removed from a train as a single unit.

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Train, unit or train, cycle

	Means a train that, except for the changing of locomotive power and the removal or replacement of defective equipment, remains coupled as a consist and continuously operates from location A to location B and back to location A.

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Unattended equipment

	Means equipment left standing and unmanned in such a manner that the brake system of the equipment cannot be readily controlled by a qualified person.

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Note: definition extracted from General requirements section 232.103.

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Waivers
        - Waivers sought for relief of compliance with Part 232 shall be submitted under Part 211.
        - As always, a waiver in the pipeline doesn’t mean the petitioner has relief from compliance while the waiver is being investigated and/or considered by the Safety Board. 

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Responsibility for compliance

A railroad shall not:
        - Use, haul, permit to be used or hauled on its line, 
        - Offer in interchange, or accept in interchange any train, a railroad car, or locomotive with,

	One or more conditions not in compliance with  Part 232, unless movement is made in accordance with §232.15. 

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Use vs. Haul
        - Broader interpretation of language in Safety Appliance Acts that allows FRA to take a more aggressive approach with respect to issuance of a violation.
        - For purposes of this part, a train, railroad car, or locomotive will be considered in use prior to departure but after it has received, or should have received, the inspection required for movement and is deemed ready for service.

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Use vs. Haul cont.
        - If relying on the broad interpretation the violation report must establish that the railroad must have completed all necessary inspections remotely capable of discovering the defective conditions
        - Thus evidence must be included to establish the inspectors basis for the above findings be specific as possible, e.g., names, dates, locations, etc.
        - Remember this is added enforcement flexibility,   the best violations are those citing actual movement of equipment.

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Person vs. Railroad

	The term railroad is intended to be used synonymously or interchangeably with person, meaning that failure to comply with the requirements of Part 232 could subject the railroad and/or person to FRA enforcement action.  

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Penalties
        - FRA can assess a violation (civil penalty) on any railroad and/or person, an amount of at least $500 to $11,000 per violation.
        - Violations against individuals must be willful in nature.
        - Penalties of up to $22,000 may be assessed where a grossly negligent violation or a pattern of repeated violations has created an imminent hazard of death or injury to persons, or has caused death or injury.
        - Violation may be assessed each day the violation exists with sufficient documentation.
        - Criminal penalties may be sought against any person who  knowingly and willfully falsifies a record or report required by Part 232. 

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i.e., 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) 

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Preemptive effect

	Prohibits states from enacting and imposing regulations on the railroad industry covering the same subject matter, but allows states to enforce State criminal law in cases of reckless conduct that leads to actual loss of life, injury, or damage to property, whether such provisions apply specifically to railroad employees or generally to the public at large.

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Movement of defective equipment§232.15

	Permits for the conditional movement of defective locomotive(s) or car(s) with one or more air brake related defects, except from locations where Class I brake tests are required to be performed on the entire train.

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Movement of defective equipmentConditions for movement

The equipment is properly equipped to being with.

The equipment becomes defective while it is being used by the railroad on its line or becomes defective on a connecting railroad and properly accepted in interchange for repairs in accordance with item 7 on the next slide.

The railroad has knowledge of the defect prior to moving it for repairs.

The movement of the defective equipment for repairs is from the location where the equipment is first discovered defective by the railroad.

The equipment cannot be repaired at the location where the railroad first discovers it to be defective.

The movement of the equipment is necessary to make repairs to the defective condition.

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Equipment = Car or locomotive

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Movement of defective equipmentConditions for movement – Continued

The location to which the equipment is being taken for repair is the nearest available location where necessary repairs can be performed on the line of the railroad where the equipment was first found to be defective or is the nearest available location where necessary repairs can be performed on the line of a connecting railroad if:

The connecting railroad elects to accept the defective car or locomotive for such repair; and

The nearest available location where necessary repairs can be performed on the line of the connecting railroad is no farther than the nearest available location where necessary repairs can be performed on the line of the railroad where the car or locomotive was found defective.

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Movement of defective equipmentConditions for movement – Continued

The movement of the defective car or locomotive for repairs is not by a train required to receive a Class I brake test.

The movement of the defective car or locomotive for repairs is not in a train in which less than 85 percent of the cars have operative and effective brakes.

The defective car or locomotive is tagged, or information is recorded, as required.

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Movement of defective equipmentDeterminations for movement

	A qualified person* shall determine:

That it is safe to move the defective equipment, and

The maximum safe speed and other restrictions necessary for safely conducting the movement.

*	May be qualified maintenance inspector as well

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Movement of defective equipmentNotification to crew
        - The person in charge of the train in which the defective equipment is to be moved shall be notified in writing and inform all other crew members of the presence of the defective equipment and the maximum speed and other restrictions imposed. 
        - A copy of the tag or card described in the following slides will meet the notification of crew requirements.

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Special Notice movement restrictions may apply. 

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Movement of defective equipmentTagging
        - At the location where the defect is first discovered, a tag or card shall be placed on both sides of the defective equipment, except when a locomotive, a card or tag can be placed in the cab.
        - Automated reporting if approved by FRA is also acceptable.

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Movement of defective equipmentTagging - Information Required 

	The tag, card or automated (electronic) tracking system shall contain the following:

The reporting mark and car or locomotive number.

The name of the inspecting railroad.

The name and job title of the inspector.

The inspection location and date.

The nature of each defect.

A description of any movement restrictions.

The destination where the equipment will be repaired; and

The signature, or electronic identification, of the person reporting the defective condition.

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Movement of defective equipmentTagging – Retention, Removal & Documentation
        - An electronic or written record or a copy of each tag or card attached to or removed from a car or locomotive shall be retained for 90 days and, upon request, shall be made available within 15 calendar days for inspection by FRA.
        - Each tag or card removed from a car or locomotive shall contain the date, location, reason for its removal, and the signature of the person who removed it from the piece of equipment.

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Movement of defective equipmentAutomated Tracking System (ATS)
        - An FRA approved ATS shall contain the elements previously discussed and shall be capable of being reviewed and monitored by FRA at any time to ensure the integrity of the system. 
        - FRA's Associate Administrator for Safety may prohibit or revoke a railroad's authority to use ATS in lieu of tagging if FRA finds that ATS is not properly secure, is inaccessible to FRA or a railroad's employees, or fails to adequately track and monitor the movement of defective equipment. 

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Bullet two: FRA will record such a determination in writing, include a statement of the basis for such action, and provide a copy of the document to the railroad.

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Movement of defective equipmentPurging or unloading Haz-mat

	If a defective car is loaded with a hazardous material or contains residue of a hazardous material, the car may not be placed for unloading or purging unless unloading or purging is consistent with determinations made and restrictions imposed by the qualified person and the unloading or purging is necessary for the safe repair of the car.

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Movement of defective equipmentComputation of % operative brakes

	Calculating the percentage of operative brakes shall be determined by dividing the number of control valves that are cut-in by the total number of control valves in the train. A control valve shall not be considered cut-in if the brakes controlled by that valve are inoperative. Both cars and locomotives shall be considered when making this calculation.

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Movement of defective equipmentOther brake related defects

	Do not consider the following when calculating percentage of operative brakes:

Inoperative secondary brake systems.

Inoperative hand or parking brakes.

PT in excess of Class I limits but not in excess of limits contained on stencil/badge plate.

Overdue COT&S.

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Movement of defective equipmentTrain placement – Equipment w/ Inop Brakes
        - Never at the rear of the train.
        - Never more than two adjoining.
        - Multi-unit articulated car with more than two control valves c/o if the brakes controlled by the valves are inoperative.

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Movement of defective equipment Locations where necessary repairs can be performed

	The following locations should be considered when applying the guidelines presented in the next slide:

A location where a mobile repair truck is used on a regular basis.

A location where a mobile repair truck originates or is permanently stationed.

A location at which a railroad performs mechanical repairs other than brake system repairs.

A location that has an operative repair track or repair shop.

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Movement of defective equipmentGuidelines  
        - The location should be accessible to persons responsible for making repairs.
        - Are there hazardous conditions that affect the ability to safely make repairs of the type needed at the location?
        - The nature of the repair and what will it take to fix it.
        - The need for the railroad to have in place an effective means to ensure the safe and timely repair of equipment.
        - Weather conditions creating a hazardous situation.
        - The location doesn’t need to be continuously staffed nor does it have to have the ability to effect every type of brake system repair, or perform a SCT.
        - Congestion of work at the location is a non-issue. 

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Guidelines for determining locations where necessary repairs can be performed. The following guidelines will be considered by FRA when determining whether a location is a location where repairs to a car's brake system or components can be performed and whether a location is the nearest location where the needed repairs can be effectuated.

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Movement of defective equipmentKey Points

	In determining whether a location is the nearest location where the necessary brake repairs can be made, the distance to the location is a key factor but should not be considered the determining factor. The distance to a location must be considered in conjunction with the factors and guidance outlined in the two previous slides. In addition, the following safety factors must be considered in order to optimize safety:

The safety of the employees responsible for getting the equipment to or from a particular location, and

The potential safety hazards involved with moving the equipment in the direction of travel necessary to get the equipment to a particular location.

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Movement of defective equipmentDesignated repair locations
        - Railroads may submit a plan establishing designated repair locations where brake system repairs can be made consistent with the guidelines, determinations and factors previously discussed.
        - Changes or alternate plans with respect to designated repair locations will be considered by FRA in accordance with the special approval procedures contained in §232.17.

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Special approval procedure

	Special approval procedures apply to the following:

Designated repair locations – special approval plan.

SCT alternatives – alternative standard.

New brake systems or major upgrades to existing equipment - special approval of pre-revenue service acceptance and testing plan.

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These decisions will be made my HQ staff with input from the regions.

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Special approval procedureDesignated repair locations & SCT alternatives 

	Information required:

The name, title, address, and telephone number of the primary person to be contacted with regard to review of the petition.

The proposed plan pursuant to §232.15(g), or the proposed alternative standard in detail, to be substituted for the particular requirement of this part.

Appropriate data or analysis, or both, for FRA to consider in determining whether the plan is consistent with the guidance contained in §232.15(f) and the requirements of this part or whether the alternative standard will provide at least an equivalent level of safety

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.

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Special approval procedurePre-revenue service acceptance testing plan

	Information required:

The name, title, address, and telephone number of the primary person to be contacted with regard to review of the petition.

An identification of each waiver, if any, of FRA or other Federal safety regulations required for the tests or for revenue service operation of the equipment.

A clear statement of the test objectives. One of the principal test objectives shall be to demonstrate that the equipment meets the safety design and performance requirements specified in this part when operated in the environment in which it is to be used.

A planned schedule for conducting the tests.

A description of the railroad property or facilities to be used to conduct the tests.

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Special approval procedurePre-revenue service acceptance testing plan - tests

	A detailed description of how the tests are to be conducted. This description shall include:

An identification of the equipment to be tested.

The method by which the equipment is to be tested.

The criteria to be used to evaluate the equipment's performance.

The means by which the test results are to be reported to FRA.

A description of any special instrumentation to be used during the tests.

A description of the information or data to be obtained.

A description of how the information or data obtained is to be analyzed or used.

A description of any criteria to be used as safety limits during the testing.

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Special approval procedurePre-revenue service acceptance testing plan - tests

A description of the criteria to be used to measure or determine the success or failure of the tests. If acceptance is to be based on extrapolation of less than full level testing results, the analysis to be done to justify the validity of the extrapolation shall be described

A description of any special safety precautions to be observed during the testing.

A written set of standard operating procedures to be used to ensure that the testing is done safely.

Quality control procedures to ensure that the inspection, testing, and maintenance procedures are followed.

Criteria to be used for the revenue service operation of the equipment

A description of all testing of the equipment that has previously been performed, if any.

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Special approval procedureService of documents 

	All petitions filed under §232.17 shall be submitted in triplicate to FRA’s Associate Administrator for Safety.  In addition, the following groups shall also be provided with a copy of the petition filed under §232.17: 

Designated representatives of the employees of the railroad submitting a plan pursuant to § 232.15(g) or designated representatives of the employees responsible for the equipment's operation, inspection, testing, and maintenance. 

Any organizations or bodies that either issued the standard incorporated in the section(s) of the rule to which the special approval pertains or issued the alternative standard that is proposed in the petition.

	Any other person who has filed with FRA a current statement of interest in reviewing special approvals under the particular requirement of this part at least 30 days but not more than 5 years prior to the filing of the petition. If filed, a statement of interest shall be filed with FRA's Associate Administrator for Safety and shall reference the specific section(s) of this part in which the person has an interest.

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Availability of records

	All records associated with Part 232 shall be made available to FRA upon request

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End of Module 1

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