[Federal Register Volume 66, Number 105 (Thursday, May 31, 2001)]
[Rules and Regulations]
[Pages 29501-29502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13658]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 232

[FRA Docket No. PB-9; Notice No. 19]
RIN 2130-AB16


Brake System Safety Standards for Freight and Other Non-Passenger 
Trains and Equipment; End-of-Train Devices

AGENCY: Federal Railroad Administration (FRA), DOT.

ACTION: Final rule; delay of compliance date; conforming amendment.

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SUMMARY: On January 17, 2001, FRA published a final rule revising the 
regulations governing braking systems and equipment used in freight and 
other non-passenger railroad train operations. In response to the final 
rule, FRA received a petition for reconsideration from the Association 
of American Railroads (AAR) seeking reconsideration of, among other 
things, a requirement that, if the person conducting the test of the 
two-way end-of-train device on a train is someone other than a train 
crew member, the locomotive engineer of the train must be notified of 
the name of the person conducting the test and a record must be 
maintained, in the cab of the controlling locomotive, containing the 
name of the person conducting the test. In order to allow FRA an 
opportunity to respond to this petition prior to the compliance date of 
the provision in question, this document delays the compliance date for 
this specific requirement from May 31, 2001, to a future date to be 
specified in FRA's response to the petition for reconsideration if the 
petition is not granted. This action also makes a conforming amendment 
to the rule text to reflect this change.

DATES: The effective date of this conforming amendment is May 31, 2001.

FOR FURTHER INFORMATION, CONTACT: Thomas Herrmann, Trial Attorney, 
Office of the Chief Counsel, RCC-10, 1120 Vermont Avenue, NW., Stop 10, 
Washington, DC 20590 (telephone 202-493-6053).

SUPPLEMENTARY INFORMATION: On January 17, 2001, FRA published a final 
rule revising the Federal safety standards governing braking systems 
and equipment used in freight and other non-passenger railroad train 
operations. See 66 FR 4104. The effective date of the rule is May 31, 
2001. See 66 FR 9906 (February 12, 2001). In response to the final 
rule, FRA received several petitions for reconsideration requesting 
that FRA either amend or clarify the final rule in various ways. 
Organizations filing petitions included the Association of American 
Railroads (AAR) (this petition was filed jointly with the American 
Short Line and Regional Railroad Association), the Brotherhood of 
Locomotive Engineers, the American Public Transportation Association, 
and the Rail Passenger Car Alliance. Unfortunately, these petitions are 
not available on line at the Department of Transportation's centralized 
Docket Management System Web site because this proceeding originated 
well before that system was created. They are available, of course, at 
FRA's docket office or by contacting the contact person shown above. 
(FRA's docket office is located at 1120 Vermont Avenue, NW., Room 7051, 
Washington, DC FRA's Docket Clerk, Ms. Ivornette Nelson, may be reached 
by telephone at (202) 493-6030 or by facsimile at (202) 493-6068.)
    Collectively, the petitions raise approximately 25 issues, although 
some of the more important issues have subsidiary questions. The issues 
cover a wide gamut, including the requirement to equip locomotives with 
dynamic brake indicators, documentation and timing of training, the 
maximum

[[Page 29502]]

distance that extended-haul trains may travel between inspections, and 
the meaning of certain language in the final rule. The fact that there 
are many issues that various organizations desire FRA to reconsider is 
not surprising, given the complexity of the final rule and the large 
number of issues it addresses. FRA will give each of these issues full 
consideration and issue a subsequent document explaining how it has 
addressed each issue and making any necessary amendments to the final 
rule. FRA hopes to issue such a comprehensive document concerning all 
issues raised in the petitions during the summer of 2001, but to the 
extent any particular issues require more time to resolve, the agency 
may address those separately at a later date.
    Of the many issues raised in the petitions, only one issue concerns 
a provision for which the compliance date is scheduled to be May 31, 
2001. This document concerns that issue. AAR's petition sought 
reconsideration of a provision requiring certain information about the 
testing of a two-way end-of-train (EOT) device to be provided to a 
locomotive engineer. The final rule requires that, if the person 
conducting the test of the two-way EOT is someone other than a member 
of the train crew, the locomotive engineer must be notified of the name 
of the person conducting the test and a record must be maintained, in 
the cab of the controlling locomotive, containing the name of that 
individual See 66 FR 4210, Sec. 232.409(c). Under the provisions of the 
final rule, the compliance date for this and other requirements of 
Subpart E is May 31, 2001. See 66 FR 4193, Sec. 232.1(b), and document 
on delay of effective date, 66 FR 9906 (February 12, 2001). To allow 
FRA an opportunity to respond to this issue without imposing a burden 
on the industry that might soon be withdrawn if the petition is 
granted, this document delays the compliance date of this specific 
requirement, from May 31, 2001, until further notice. If the petition 
is not granted with respect to that issue, the document explaining that 
decision will set a new compliance date for that provision. If the 
petition is granted, of course, there will be no need for any 
compliance date.
    FRA emphasizes that this delay of compliance date applies only to 
the requirement to provide and retain the name of the person conducting 
the inspection of a two-way EOT device. The delay does not apply to the 
provisions for notification and retention of the other information 
regarding the inspection of a two-way EOT device required by the final 
rule. See 66 FR 4210, Sec. 232.409(c). Nor does the delay apply to any 
other provision of the final rule, including other provisions addressed 
in AAR's petition and the petitions filed by other organizations. None 
of those other issues on which reconsideration is sought involves 
provisions having a compliance date in the near future. FRA anticipates 
resolving those petitions long before the compliance dates set forth in 
the final rule, which for most provisions is April 1, 2004.

List of Subjects in 49 CFR Part 232

    Penalties, Railroad power brakes, Railroad safety, Two-way end-of-
train devices.

The Rule

    In consideration of the foregoing, 49 CFR part 232, as revised at 
66 FR 4210 and delayed at 66 FR 9906, effective May 31, 2001, is 
amended as follows:

PART 232--[AMENDED]

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

    Authority: 49 U.S.C. 20102-20103, 20107, 20133, 20141, 20301-
20303, 20306, 21301-21302, 21304; 49 CFR 1.49(c), (m).


    2. In Sec. 232.409(c), add before the period at the end of the last 
sentence the following: ``, except that compliance with the following 
provision of this paragraph will not be required until further notice 
published in the Federal Register: the provision that the locomotive 
engineer shall be provided with the name of the person conducting the 
test and that a written or electronic record of the notification of the 
name of the person conducting the test shall be maintained in the cab 
of the controlling locomotive''.

    Issued in Washington, D.C., on May 25, 2001.
George A. Gavalla,
Acting Deputy Administrator, Federal Railroad Administration.
[FR Doc. 01-13658 Filed 5-30-01; 8:45 am]
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