[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 49CFR232.407]



[Page 567-570]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 232_BRAKE SYSTEM SAFETY STANDARDS for FREIGHT and OTHER NON-

 

                     Subpart E_End-of-Train Devices

 

Sec.  232.407  Operations requiring use of two-way end-of-train 



devices; prohibition on purchase of nonconforming devices.



    (a) Definitions. The following definitions are intended solely for 

the purpose of identifying those operations subject to the requirements 

for the use of two-way end-of-train devices.

    (1) Heavy grade means:

    (i) For a train operating with 4,000 trailing tons or less, a 

section of track with an average grade of two percent or greater over a 

distance of two continuous miles; and

    (ii) For a train operating with greater than 4,000 trailing tons, a 

section of track with an average grade of one percent or greater over a 

distance of three continuous miles.

    (2) Train means one or more locomotives coupled with one or more 

rail cars, except during switching operations or where the operation is 

that of classifying cars within a railroad yard for the purpose of 

making or breaking up trains.

    (3) Local train means a train assigned to perform switching en route 

which operates with 4,000 trailing tons or less and travels between a 

point of origin and a point of final destination, for a distance that is 

no greater than that which can normally be operated by a single crew in 

a single tour of duty.

    (4) Work train means a non-revenue service train of 4,000 trailing 

tons or less used for the administration and upkeep service of the 

railroad.

    (5) Trailing tons means the sum of the gross weights--expressed in 

tons--of the cars and the locomotives in a train that are not providing 

propelling power to the train.

    (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 

to perform the same function.

    (c) New devices. Each newly manufactured end-of-train device 

purchased by a railroad after January 2, 1998 shall be a two-way end-of-

train device meeting the design and performance requirements contained 

in Sec.  232.405 or a device



[[Page 568]]



using an alternative technology to perform the same function.

    (d) Grandfathering. Each two-way end-of-train device purchased by 

any person prior to July 1, 1997 shall be deemed to meet the design and 

performance requirements contained in Sec.  232.405.

    (e) Exceptions. The following types of trains are excepted from the 

requirement for the use of a two-way end-of-train device:

    (1) Trains with a locomotive or locomotive consist 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;

    (2) Trains operating in the push mode with the ability to effectuate 

an emergency brake application from the rear of the train;

    (3) Trains with an operational caboose placed at the rear of the 

train, carrying one or more crew members in radio contact with the 

controlling locomotive, that is equipped with an emergency brake valve;

    (4) Trains operating with a secondary, fully independent braking 

system capable of safely stopping the train in the event of failure of 

the primary system;

    (5) Trains that do not operate over heavy grades and do not exceed 

30 mph;

    (6) Local trains, as defined in paragraph (a)(3) of this section, 

that do not operate over heavy grades;

    (7) Work trains, as defined in paragraph (a)(4) of this section, 

that do not operate over heavy grades;

    (8) Trains that operate exclusively on track that is not part of the 

general railroad system;

    (9) Trains that must be divided into two sections in order to 

traverse a grade (e.g., doubling a hill). This exception applies only to 

the extent necessary to traverse the grade and only while the train is 

divided in two for such purpose;

    (10) Passenger trains in which all of the cars in the train are 

equipped with an emergency brake valve readily accessible to a crew 

member;

    (11) Passenger trains that have a car at the rear of the train, 

readily accessible to one or more crew members in radio contact with the 

engineer, that is equipped with an emergency brake valve readily 

accessible to such a crew member; and

    (12) Passenger trains that have twenty-four (24) or fewer cars (not 

including locomotives) in the consist and that are equipped and operated 

in accordance with the following train-configuration and operating 

requirements:

    (i) If the total number of cars in a passenger train consist is 

twelve (12) or fewer, a car located no less than halfway through the 

consist (counting from the first car in the train) must be equipped with 

an emergency brake valve readily accessible to a crew member;

    (ii) If the total number of cars in a passenger train consist is 

thirteen (13) to twenty-four (24), a car located no less than two-thirds 

(\2/3\) of the way through the consist (counting from the first car in 

the train) must be equipped with an emergency brake valve readily 

accessible to a crew member;

    (iii) Prior to descending a section of track with an average grade 

of two percent or greater over a distance of two continuous miles, the 

engineer of the train shall communicate with the conductor, to ensure 

that a member of the crew with a working two-way radio is stationed in 

the car with the rearmost readily accessible emergency brake valve on 

the train when the train begins its descent; and

    (iv) While the train is descending a section of track with an 

average grade of two percent or greater over a distance of two 

continuous miles, a member of the train crew shall occupy the car that 

contains the rearmost readily accessible emergency brake valve on the 

train and be in constant radio communication with the locomotive 

engineer. The crew member shall remain in this car until the train has 

completely traversed the heavy grade.

    (f) Specific requirements for use. If a train is required to use a 

two-way end-of-train device:

    (1) That device shall be armed and operable from the time the train 

departs from the point where the device is installed until the train 

reaches its destination. If a loss of communication occurs at the 

location where the device is installed, the train may depart the



[[Page 569]]



location at restricted speed for a distance of no more than one mile in 

order to establish communication. When communication is established, the 

quantitative values of the head and rear unit shall be compared pursuant 

to Sec.  232.409(b) and the device tested pursuant to Sec.  232.409(c), 

unless the test was performed prior to installation.

    (2) The rear unit batteries shall 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.

    (3) The device shall be activated to effectuate an emergency brake 

application either by using the manual toggle switch or through 

automatic activation, whenever it becomes necessary for the locomotive 

engineer to initiate an emergency application of the air brakes using 

either the automatic brake valve or the conductor's emergency brake 

valve.

    (g) En route failure of device on a freight or other non-passenger 

train. Except on passenger trains required to be equipped with a two-way 

end-of-train device (which are provided for in paragraph (h) of this 

section), en route failures of a two-way end-of-train device shall be 

handled in accordance with this paragraph. If a two-way end-of-train 

device or equivalent device fails en route (i.e., is unable to initiate 

an emergency brake application from the rear of the train due to certain 

losses of communication (front to rear) or due to other reasons, the 

speed of the train on which it is installed shall be limited to 30 mph 

until the ability of the device to initiate an emergency brake 

application from the rear of the train is restored. This limitation 

shall apply to a train using a device that uses an alternative 

technology to serve the purpose of a two-way end-of-train device. With 

regard to two-way end-of-train devices, a loss of communication between 

the front and rear units is an en route failure only if the loss of 

communication is for a period greater than 16 minutes and 30 seconds. 

Based on the existing design of the devices, the display to an engineer 

of a message that there is a communication failure indicates that 

communication has been lost for 16 minutes and 30 seconds or more.

    (1) If a two-way end-of-train device fails en route, the train on 

which it is installed, in addition to observing the 30-mph speed 

limitation, shall not operate over a section of track with an average 

grade of two percent or greater for a distance of two continuous miles, 

unless one of the following alternative measures is provided:

    (i) Use of an occupied helper locomotive at the end of the train. 

This alternative may be used only if the following requirements are met:

    (A) The helper locomotive engineer shall initiate and maintain two-

way voice radio communication with the engineer on the head end of the 

train; this contact shall be verified just prior to passing the crest of 

the grade.

    (B) If there is a loss of communication prior to passing the crest 

of the grade, the helper locomotive engineer and the head-end engineer 

shall act immediately to stop the train until voice communication is 

resumed, in accordance with the railroad's operating rules.

    (C) If there is a loss of communication once the descent has begun, 

the helper locomotive engineer and the head-end engineer shall act to 

stop the train, in accordance with the railroad's operating rules, if 

the train has reached a predetermined rate of speed that indicates the 

need for emergency braking.

    (D) The brake pipe of the helper locomotive shall be connected and 

cut into the train line and tested to ensure operation.

    (ii) Use of an occupied caboose at the end of the train with a 

tested, functioning brake valve capable of initiating an emergency brake 

application from the caboose. This alternative may be used only if the 

train service employee in the caboose and the engineer on the head end 

of the train establish and maintain two-way voice radio communication 

and respond appropriately to the loss of such communication in the same 

manner as prescribed for helper locomotives in paragraph (g)(1)(i) of 

this section.

    (iii) Use of a radio-controlled locomotive at the rear of the train 

under continuous control of the engineer in



[[Page 570]]



the head end by means of telemetry, but only if such radio-controlled 

locomotive is capable of initiating an emergency application on command 

from the lead (controlling) locomotive.

    (2) If a two-way end-of-train device fails en route while the train 

on which it is installed is operating over a section of track with an 

average grade of two percent or greater for a distance of two continuous 

miles, the train shall be brought safely to a stop at the first 

available location in accordance with the railroad's operating rule, 

except the train may continue in operation if the railroad provides one 

of the alternative measures detailed in paragraph (g)(1) of this 

section.

    (h) En route failure of device on a passenger train. (1) A passenger 

train required to be equipped with a two-way end-of-train device that 

develops an en route failure of the device (as explained in paragraph 

(g) of this section) shall not operate over a section of track with an 

average grade of two percent or greater over a distance of two 

continuous miles until an operable two-way end-of-train device is 

installed on the train or an alternative method of initiating an 

emergency brake application from the rear of the train is achieved.

    (2) Except as provided in paragraph (h)(1) of this section, a 

passenger train required to be equipped with a two-way end-of-train 

device that develops an en route failure of the device (as explained in 

paragraph (g) of this section) shall be operated in accordance with the 

following:

    (i) A member of the train crew shall be immediately positioned in 

the car which contains the rearmost readily accessible emergency brake 

valve on the train and shall be equipped with an operable two-way radio 

that communicates with the locomotive engineer; and

    (ii) The locomotive engineer shall periodically make running tests 

of the train's air brakes until the failure is corrected; and

    (3) Each en route failure shall be corrected at the next location 

where the necessary repairs can be conducted or at the next location 

where a required brake test is to be performed, whichever is reached 

first.



[66 FR 4193, Jan. 17, 2001, as amended at 67 FR 17584, Apr. 10, 2002]