
[Federal Register: April 18, 2008 (Volume 73, Number 76)]
[Proposed Rules]               
[Page 21092-21094]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ap08-20]                         

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 232

[Docket No. FRA-2006-26175, Notice No. 3]
RIN 2130-AB84

 
Electronically Controlled Pneumatic Brake Systems

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Proposed rule; partial reopening of comment period.

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[[Page 21093]]

SUMMARY: This document announces an additional 15-day period to file 
comments in this proceeding. This extension provides interested parties 
an opportunity to comment on recently revised or new standards 
developed by the Association of American Railroads (AAR) that are 
related to the notice of proposed rulemaking (NPRM) in this proceeding.

DATES: Written comments must be received by May 5, 2008. Comments 
received after that date will be considered to the extent possible 
without incurring additional expenses or delays.

ADDRESSES: Comments: Comments related to Docket No. FRA-2006-26175, may 
be submitted by any of the following methods:
    1. Web site: Comments should be filed at the Federal eRulemaking 
Portal, http://www.regulations.gov. Follow the Web site's online 
instructions for submitting comments.
    2. Fax: 202-493-2251.
    3. Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC 
20590.
    4. Hand Delivery: Room W12-140 on the Ground level of the West 
Building, 1200 New Jersey Avenue, SE., Washington, DC between 9 a.m. 
and 5 p.m. Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the agency name and 
docket number or Regulatory Identification Number (RIN) for this 
rulemaking. Note that all comments received will be posted without 
change to http://www.regulations.gov including any personal 
information. Please see the Privacy Act heading in the SUPPLEMENTARY 
INFORMATION section of this document for Privacy Act information 
related to any submitted comments or materials.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov or to Room W12-140 
on the Ground level of the West Building, 1200 New Jersey Avenue, SE., 
Washington, DC between 9 a.m. and 5 p.m. Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: James Wilson, Office of Safety 
Assurance and Compliance, Motive Power and Equipment Division, RRS-14, 
Mail Stop 25, Federal Railroad Administration, 1200 New Jersey Avenue, 
SE., Washington, DC 20590 (telephone 202-493-6259); or Jason 
Schlosberg, Trial Attorney, Office of Chief Counsel, Mail Stop 10, 
Federal Railroad Administration, 1200 New Jersey Avenue, SE., 
Washington, DC 20590 (telephone 202-493-6032).

SUPPLEMENTARY INFORMATION:

I. Background

    On September 4, 2007, FRA published in the Federal Register an NPRM 
seeking comments on proposed rules relating to the implementation and 
use of electronically controlled pneumatic (ECP) brake systems on 
freight trains and freight cars. See 72 FR 50820. The NPRM proposed 
incorporation by reference of existing AAR Standards and Recommended 
Practices related to ECP brake systems. At the time FRA published the 
NPRM, those standards, collectively known as the AAR S-4200 Series 
Standards, included the following:
    (1) AAR S-4200, ECP Cable-Based Brake Systems--Performance 
Requirements (2004);
    (2) AAR S-4210, ECP Cable-Based Brake System Cable, Connectors, and 
Junction Boxes--Performance Specifications (2002);
    (3) AAR S-4220, ECP Cable-Based Brake DC Power Supply--Performance 
Specification (2002);
    (4) AAR S-4230, Intratrain Communication (ITC) Specification for 
Cable-Based Freight Train Control System (2004);
    (5) AAR S-4250, Performance Requirements for ITC Controlled Cable-
Based Distributed Power Systems (2004); and
    (6) AAR S-4260, ECP Brake and Wire Distributed Power 
Interoperability Test Procedures (2007).
    In the NPRM, FRA noted that the AAR S-4200 Series do not provide 
requirements for hardware and software configuration management plans 
and acknowledged that AAR was in the process of developing standards 
related to ECP brake system configuration management. The NPRM further 
noted that if a configuration management standard were to be adopted 
and published by the AAR subsequent to the closing of the NPRM's 
comment period, FRA would consider other forums for receiving comments, 
including, but not limited to, issuing a supplemental notice informing 
interested parties of the standard's availability.
    Subsequent to the closing of the comment period in this proceeding, 
AAR made changes to the S-4200 Series Standards by modifying individual 
standards S-4200 and S-4210 and by proposing a new standard S-4270. FRA 
has preliminarily reviewed these changes and notes that they are in 
each case either (i) more protective of safety or (ii) safety neutral 
but designed to make ECP brake systems more practical for field 
application. Accordingly, FRA presents the proposed changes for comment 
with a view toward potential incorporation in the final rule.
    After a period for comment by AAR members, AAR published a revised 
S-4200 standard and postponed the implementation date from February 16, 
2008, to June 1, 2008. See AAR Circular Letters C-10686 and C-10697; 
AAR Standard S-4200 (2008). AAR Circular Letter C-10686 summarized the 
changes to the S-4200 standard as follows:

    Section 4.2.2.1 Description of Setup: This section was revised 
to limit changes of the empty/load setting to changes of E/L from 
empty to loaded only.
    Section 4.2.2.2.4 Empty/Load: A sentence was added to stipulate 
that the engineer shall not be allowed to change the train's empty/
load setting from loaded to empty while the train is in motion.
    Section 4.2.2.2.4.1 Empty Load Selection While the Train is 
Enroute: A sentence was revised to require that the train be stopped 
with a full service brake application or a full service brake 
application must have been commanded for at least 2 minutes in order 
to change the train's empty/load setting from loaded to empty.
    Section 4.2.2.2.5 Train Net Braking Ratio: This section was 
revised to require that, if the OEM provides the optional ability to 
change the train NBR, the engineer will not be given the opportunity 
to change the setting.
    Section 4.2.2.2.6 Configuration Confirmation: Empty/load value 
was added to brake pipe pressure setpoint for which the HEU shall 
display the entered values and request a confirmation from the 
engineer.
    Section 4.3.12 Mechanical Brake Cylinder and Reservoir Venting: 
This section was revised to require a means to manually vent 
pressure from the brake cylinder and reservoir at every CCD location 
from both sides of the car without reliance on electronic activation 
or control.
    Note 1 has been revised to require that the brake cylinder 
release valve be capable of releasing air pressure from all brake 
cylinders; regardless of the charge status of the brake pipe.
    Note 3 is new.
    Note 4 is old Note 3 revised.
    Note 6 is old Note 7 revised.
    Note 7 is new (pneumatic backup functionality when brake 
cylinder release valve has been activated)
    Section 4.4.2.1.1.1 Recovering from a Missed EOT Beacon Fault: A 
sentence has been added requiring re-initialization of the train if 
the EOT beacon is lost for more than 15 seconds while in RUN mode.
    Section 4.4.16 Recovery from Emergency, Fault-Induced, or 
Penalty Brake Applications: When recovering from an emergency brake 
application, the operator will position the brake lever to 100% 
brake application to release the interlock.
    Section 6.0 Approval Procedure: This detailed section has been 
replaced with a cross reference to AAR Standard S-4240 (adopted 
January 16, 2007, Circular Letter c-10454).


[[Page 21094]]


    After a period for comment by AAR members, AAR also issued 
revisions to its S-4210 standard. See AAR Circular Letter C-10650; AAR 
Standard S-4210 (2007). While the standard was apparently implemented 
in November 2007, its accompanying AAR Circular Letter C-10650 was 
issued on December 6, 2007. AAR Circular Letter C-10650 summarized the 
changes to the S-4210 standard as follows:

    Section 3.1 General Characteristics: The overall outside 
dimension of the cable was changed from 0.70 inch minimum/0.75 inch 
maximum to 0.675 inch minimum/0.725 inch maximum.
    Section 6.0 CONNECTOR ASSEMBLIES: This revised section covers 
the intercar connector, cable, strength member (lanyard), and car 
body junction box plug connector.
    Section 7.0 INTERCAR CONNECTOR PERFORMANCE AND TESTING 
DESCRIPTIONS: This section has been significantly expanded.
    Section 8.0 This is a new section with a TESTING SEQUENCE:
    Section 9.0 CAR BODY CONNECTIONS: The car body connector 
mounting envelope has been clarified and expanded with a figure 
added. Figures for the various end air hose mounting arrangements 
and brackets have been added. The length of the entire connector 
assembly would be revised to 36 inches + or - 1 inch for 
conventional cars versus 40 inches now.

    AAR has also proposed a new standard S-4270 to address ECP brake 
system configuration management plans. According to AAR Circular Letter 
C-10750, this specification describes how the industry will control and 
track hardware and software changes to the ECP equipped interchange car 
fleet. AAR is currently seeking comment on proposed standard S-4270.
    To ensure that the final rule in this proceeding does not rely on 
outdated information or technical standards, FRA is proposing to 
replace the NPRM's references to S-4200 and S-4210 with the 
aforementioned updated versions of those standards. Parties may be 
reluctant to adopt technology whose standards may be soon outdated or 
obsolete. Thus, implementation of a final rule relying on outdated 
standards or procedures may further delay the proliferation, 
implementation, and use of ECP brake systems.
    For these same reasons, FRA also seeks comments on the proposed 
draft standard S-4270. In the NPRM, FRA proposed the incorporation by 
reference of standard S-4270 if the standard was adopted by AAR prior 
to the date necessary for its inclusion in the final rule. However, FRA 
will not include S-4270 in the final rule if substantial changes are 
made from the current draft or AAR's adoption of S-4270 is not complete 
in the near future.
    Accordingly, FRA is hereby reopening and extending the comment 
period in this proceeding for an additional 15 days from the date of 
this notice. During this additional comment period, FRA is seeking 
comments solely on the updated versions of S-4200 and S-4210 and the 
new standard S-4270, subject to the caveats explained above. FRA will 
not consider comments relating to any issues outside of this narrow 
scope. FRA has placed the revised and new standards and their 
concomitant circular letters referenced herein in the public docket to 
this proceeding.

Privacy Act

    Anyone is able to search the electronic form of any written 
communications and comments received into any of our dockets by the 
name of the individual submitting the document (or signing the 
document, if submitted on behalf of an association, business, labor 
union, etc.). You may review DOT's complete Privacy Act Statement in 
the Federal Register published on April 11, 2000 (65 FR 19477) or at 
http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on April 14, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. E8-8432 Filed 4-17-08; 8:45 am]

BILLING CODE 4910-06-P
