[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR232.213]



[Page 545-546]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 232_BRAKE SYSTEM SAFETY STANDARDS for FREIGHT and OTHER 

NON-PASSENGER TRAINS and EQUIPMENT; END-of-TRAIN DEVICES--Table 

of Contents

 

              Subpart C_Inspection and Testing Requirements

 

Sec. 232.213  Extended haul trains.



    (a) A railroad may be permitted to move a train up to, but not 

exceeding, 1,500 miles between brake tests and inspections if the 

railroad designates a train as an extended haul train. In order for a 

railroad to designate a train as an extended haul train, all of the 

following requirements must be met:

    (1) The railroad must designate the train in writing to FRA's 

Associate Administrator for Safety. This designation must include the 

following:

    (i) The train identification symbol or identification of the 

location where extended haul trains will originate and a description of 

the trains that will be operated as extended haul trains from those 

locations;

    (ii) The origination and destination points for the train;

    (iii) The type or types of equipment the train will haul; and

    (iv) The locations where all train brake and mechanical inspections 

and tests will be performed.

    (2) A Class I brake test pursuant to Sec. 232.205 shall be 

performed at the initial terminal for the train by a qualified 

mechanical inspector as defined in Sec. 232.5.

    (3) A freight car inspection pursuant to part 215 of this chapter 

shall be performed at the initial terminal for the train and shall be 

performed by an inspector designated under Sec. 215.11 of this chapter.

    (4) All cars having conditions not in compliance with part 215 of 

this chapter at the initial terminal for the train shall be either 

repaired or removed from the train. Except for a car developing such a 

condition en route, no car shall be moved pursuant to the provisions of 

Sec. 215.9 of this chapter in the train.

    (5) The train shall 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.

    (i) Cars added to the train en route shall be inspected pursuant to 

the requirements contained in paragraphs (a)(2) through (a)(5) of this 

section at the location where they are added to the train.

    (ii) Cars set out of the train en route shall be inspected pursuant 

to the requirements contained in paragraph (a)(6) of this section at the 

location where they are set out of the train.

    (6) At the point of destination, if less than 1,500 miles from the 

train's initial terminal, or at the point designated by the railroad 

pursuant to paragraph (a)(1)(iv) of this section, not to exceed 1,500 

miles, an inbound inspection of the train shall be conducted by a 

qualified mechanical inspector to identify any defective, inoperative, 

or ineffective brakes or any other condition not in compliance with this 

part as well as any conditions not in compliance with part 215 and part 

231 of this chapter. After April 1, 2007, the inbound inspection 

described in this paragraph shall not be required unless FRA provides 

notification to the industry extending the requirement to perform 

inbound inspections on extended haul trains. FRA's determination to 

extend the inbound inspection requirement will be based on the records 

required to be maintained pursuant to paragraph (a)(7) of this section 

and any other relevant safety data. FRA's notification will be published 

in the Federal Register and will contain the basis of any determination.

    (7) The railroad shall maintain a record of all defective, 

inoperative, or ineffective brakes as well as any conditions not in 

compliance with part 215 and part 231 of this chapter discovered at 

anytime during the movement of the



[[Page 546]]



train. These records shall be retained for a period of one year and made 

available to FRA upon request. The records required by this section may 

be maintained either electronically or in writing. After April 1, 2007, 

the records described in this paragraph need not be maintained unless 

FRA provides the notification required in paragraph (a)(6) of this 

section extending the requirement to conduct inbound inspections on 

extended haul trains.

    (8) 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 shall be conducted pursuant to Sec. 232.205 to ensure 100 

percent effective and operative brakes. The inbound inspection required 

by paragraph (a)(6) of this section may be used to meet this requirement 

provided it encompasses all the inspection elements contained in Sec. 

232.205.

    (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 shall meet all the 

requirements contained in paragraphs (a)(1) through (a)(7) of this 

section. Such trains shall 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 shall either be repaired or removed from the 

train. The inbound inspection required by paragraph (a)(6) of this 

section may be used to meet these inspection requirements provided it 

encompasses all the inspection elements contained paragraphs (a)(2) 

through (a)(4) of this section.

    (9) FRA inspectors shall have physical access to visually observe 

all brake and freight car inspections and tests required by this 

section.

    (b) Failure to comply with any of the requirements contained in 

paragraph (a) of this section will be considered an improper movement of 

a designated priority train for which appropriate civil penalties may be 

assessed as outlined in Appendix A to this part. Furthermore, FRA's 

Associate Administrator for Safety may revoke a railroad's ability to 

designate any or all trains as extended haul trains for repeated or 

willful noncompliance with any of the requirements contained in this 

section. Such a determination will be made in writing and will state the 

basis for such action.



[66 FR 4193, Jan. 17, 2001, as amended at 67 FR 17583, Apr. 10, 2002]