[Federal Register Volume 63, Number 186 (Friday, September 25, 1998)]
[Proposed Rules]
[Pages 51404-51456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23856]
[[Page 51403]]
_______________________________________________________________________
Part II
Department of Transportation
_______________________________________________________________________
Federal Railroad Administration
_______________________________________________________________________
49 CFR Part 230
Inspection and Maintenance Standards for Steam Locomotives; Proposed
Revisions; Proposed Rule
Federal Register / Vol. 63, No. 186 / Friday, September 25, 1998 /
Proposed Rules
[[Page 51404]]
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 230
[Docket No. RSSL-98-1, Notice No. 1]
Inspection and Maintenance Standards for Steam Locomotives;
Proposed Revisions
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of Proposed Rulemaking (NPRM).
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SUMMARY: FRA is proposing to update its requirements issued in 1978
(``1978 standards'') for steam locomotive inspections and maintenance
with new standards that represent the consensus recommendations of the
Railroad Safety Advisory Committee's Tourist and Historic Working
Group. The proposed standards would relax certain inspection
requirements, while tightening others, to recognize and reflect the
less frequent use of steam locomotives in today's national system of
transportation. Significant changes would include: The creation of a
``service-day'' inspection system that directly relates inspection time
periods to the actual use of the steam locomotive; the elimination of
waivers for steam boilers, steam locomotives and their appurtenances,
with certain exceptions; the inclusion of allowances which encourage
the use of new technologies, such as non-destructive testing, for
boiler testing and inspections; and the imposition of qualification
requirements for individuals making certain repairs to steam locomotive
boilers, steam locomotives and their appurtenances.
Certain of the inspection standards would be left substantively
intact but would be relocated to new sections and given new section
numbers. Due to the magnitude of the changes proposed, the proposed
standards would replace the 1978 standards in their entirety.
DATES: (1) Written comments: Written comments must be received no later
than November 24, 1998. Comments received after that date will be
considered to the extent possible without incurring additional expense
or delay. Requests for formal extension of the comment period must be
made by October 26, 1998.
(2) Hearing: Because this proposal is based largely on the
consensus recommendations of the agency's safety advisory committee,
FRA does not intend to schedule a public hearing regarding this
proposal absent a specific request to do so. Any requests for FRA to
hold a public hearing into this matter should be received by FRA by
October 9, 1998.
(3) Proposed Effective Date: Part 230 is proposed to become
effective 60 days after the publication date of the final rule.
ADDRESSES: (1) Written comments: Written comments should identify the
docket and notice numbers and be submitted in triplicate to: Docket
Clerk, Office of Chief Counsel, Mail Stop 10, Federal Railroad
Administration, 400 Seventh Street, S.W., Washington, D.C., 20590.
Persons who wish to be notified that their comments have been received
should submit a stamped, self-addressed postcard with their comments.
The Docket Clerk will indicate on the postcard the date on which the
comments were received and will return the card to the addressee.
Written comments will be available for examination, both before and
after the comment period closes, during regular business hours at the
Federal Railroad Administration's office space in 1120 Vermont Avenue,
N.W., Washington, D.C.
FOR FURTHER INFORMATION CONTACT: George Scerbo, Motive Power &
Equipment Specialist, Federal Railroad Administration, (telephone 202-
493-6249); Lawrence Wagner, Trial Attorney, Office of Chief Counsel,
FRA, 400 Seventh Street, S.W., Washington, D.C., 20590, (telephone 202-
493-6063); or John Megary, Regional Administrator, Federal Railroad
Administration, 8701 Bedford-Euless Road, Suite 425, Hurst, TX 76053,
(telephone 817-284-8142).
SUPPLEMENTARY INFORMATION:
I. Regulatory Background
In his annual message in 1910, President Taft noted the need for
regulation of the steam locomotive industry:
The protection of railroad employees from personal injury is a
subject of the highest importance and demands continuing attention *
* *. It seems to me that with respect to boilers a bill might well
be drawn requiring and enforcing by penalty a proper system of
inspection.
Congressional Record, December 6, 1910, p. 33. At that time, there
were no rules or regulations governing the inspection and maintenance
of steam locomotives other than the Ash Pan Act, 45 U.S.C.S. 17 (1908),
repealed Pub. L. 97-468 (1933), which prescribed the method for
attaching ash pans to a steam boiler. On February 17, 1911, however,
Congress passed the Locomotive Boiler Inspection Act (LBIA). The LBIA,
which was opposed by locomotive owners and operators, brought all
locomotive steam boilers under Federal jurisdiction and established the
Bureau of Locomotive Inspection and its attendant field force of 50
Locomotive Inspectors.
The LBIA became effective on July 1, 1911, and only applied to the
steam locomotive boiler. It had an immediate and drastic impact; the
number of incidents caused by the failure of the boiler or any of its
appurtenances declined sharply. Incidents caused by failures of parts
of the locomotive other than the boiler and its appurtenances began to
increase, however, and railroad employees appealed to Congress for an
amendment that would extend federal jurisdiction over the entire steam
locomotive and tender and all its parts with the same force and effect
that had previously only applied to the boiler. The railroad owners and
operators were, again, vigorously opposed. A bill incorporating the
proposed amendment was passed by Congress and signed by President
Wilson on March 4, 1915.
When the LBIA became effective in 1911, it required each railroad
subject to the Act to file copies of its rules and instructions for the
inspection of locomotive boilers. An examination and comparison of the
170 rules and instructions submitted (out of approximately 2,200
railroads in the country at that time) disclosed that these rules were
either substantially similar, or identical, to those promulgated by the
Master Mechanics' Association. These rules, along with the 1915
amendments, formed the basis for the former Interstate Commerce
Commission (ICC) rules which were adopted and have been in effect to
date. Modifications to these rules were made over the years by ICC
orders to enhance safety. FRA adopted all ICC rules, interpretations,
and instructions when the Department of Transportation was created,
effective April 1, 1967. These rules were published in the Federal
Register and incorporated into the Code of Federal Regulations in
December of 1968. Since then, the rules have been updated and amended
periodically. In 1980, the regulations were removed from the CFR.
However, FRA has continued to enforce them through today. For purposes
of clarity, whenever those removed standards are referenced, they will
be described as ``the 1978 standards'' since there is not current CFR
citation for them.
There are currently fewer than 200 steam locomotives in operation.
Most of them are used in tourist or historic service on an
intermittent, seasonal basis. Several years ago, a task group of the
National Board of Boiler and
[[Page 51405]]
Pressure Vessel Inspectors comprised of steam locomotive operators,
called the Engineering Standards Committee (ESC), petitioned the FRA to
change the current rules to more realistically reflect the current use
and conditions of service for today's steam locomotives. The agency
committed to work with this group to consider revisions to these
standards. After the agency established its Railroad Safety Advisory
Committee (RSAC or the Committee), the agency identified this subject
as one ripe for collaborative rulemaking. Accordingly, the agency
tasked the RSAC with the formal revision of steam locomotive inspection
standards on July 24, 1996. It was also recommended at that time that
the ESC, and the FRA representatives with whom it was working, become a
Task Force to the RSAC's Tourist and Historic Working Group.
II. Antecedents of FRA's Consensual Rulemaking Approach
In 1994, FRA established its first formal regulatory negotiation
committee (``reg-neg'') to address roadway worker safety. This
committee successfully reached consensus conclusions and recommended an
NPRM to the Administrator, persuading FRA that a more consensual
approach to rulemaking would likely yield more effective, and more
widely accepted, rules. In addition, President Clinton's March 1995
Regulatory Reform Initiative directed agencies to expand their efforts
to promote consensual rulemaking. In response to these efforts, FRA
decided to shift toward a collaborative rulemaking process by
establishing, and utilizing the consensus recommendations of RSAC.
III. The Railroad Safety Advisory Committee
The RSAC formally was established on March 25, 1996 to provide
recommendations and advice to the Administrator on the development of
FRA's railroad safety regulatory program, including the issuance of new
regulations, the review and revision of existing regulations, and the
identification of non-regulatory alternatives for improvement of
railroad safety. The Committee is comprised of 48 representatives from
27 member organizations, including railroads, labor groups, equipment
manufacturers, state government groups, public associations, and three
associate non-voting representatives from the National Transportation
Safety Board (NTSB), Canada, and Mexico. The Administrator's
representative (the Associate Administrator for Safety or that person's
delegate) is the Chairperson of the Committee.
IV. Steam Task Force of the Tourist and Historic Working Group
During the July 24, 1996 meeting of the RSAC, the agency charged
the committee with recommending revisions to the regulations governing
locomotive inspection standards for steam-powered locomotives (49 CFR
Part 230), in order to promote the safe operation of tourist and
historic rail operations, including ``such additions and deletions as
may be warranted by appropriate data and analysis.'' In its Task
Statement (Task No. 96-5) to RSAC, the agency instructed the Committee
to refer this task to the pre-existing Tourist and Historic Railroads
working group (THWG or The Group), which it successfully did. The THWG
is comprised of the following organizations:
Association of American Private Railcar Owners
American Short Line Railroad Association
Association of American Railroads
Association of Railway Museums
Brotherhood of Locomotive Engineers
FRA
Tourist Railway Association Inc. (TRAIN)
The THWG voted during its April 1996 meeting to adopt the ESC,
which had been examining these issues outside of the RSAC arena, and to
have it serve as a Task Force reporting to the THWG. As adopted, the
Steam Standards Task Force (Task Force) is comprised of knowledgeable
persons from the following organizations:
Valley Railroad Company
Durango & Silverton Narrow Gauge
Union Pacific Railroad
Strasburg Railroad
Hartford Steam Boiler Inspection & Insurance Company
National Board of Boiler Inspectors
ABB/Combustion Engineering
Smithsonian Institution
FRA
In addition, a locomotive engineer and several steam locomotive
experts, now working as consultants, participated in the proceedings.
To accomplish its goal, the Task Force met approximately six or
seven times during an eighteen month period. During these meetings, the
Task Force evaluated a previous ESC proposal to revise Part 230, which
had been presented to FRA in the early 1990's. Many of the issues in
this proposal engendered much discussion and debate within the Task
Force. Brief summaries of those discussions are recorded in the
appropriate parts of the section-by-section analysis portion of this
document. Technical details supporting certain recommendations are not
specified in this notice but are recorded in the docket and were
discussed by the Task Force. A few issues have been designated by FRA
as ``major issues'' and are more fully discussed below.
On September 19, 1997, the THWG communicated to the agency their
unanimous consensus that the Task Force's proposed recommended rule
text revisions to Part 230 should be forwarded to the RSAC. On January
16, 1998, both the task force, and the full THWG reached consensus that
the proposed preamble should be included in the package presented to
RSAC. The RSAC was presented with the entire package during its January
27, 1998 meeting. The RSAC considered this proposal and made consensus
recommendations to the Administrator of FRA. This document reflects the
Administrator's utilization of those recommendations, consistent with
applicable law and Presidential guidance.
Throughout this document, the agency explains the rationale and
deliberative thought processes of the task force of which it was a
part. Unless otherwise noted, the agency agrees with the reasoning and
explanations advanced by the task force for making the proposed
revisions to these standards contained in this NPRM. The task force's
deliberations were frequently characterized by robust debate.
Throughout this document, wherever necessary to explain proposed
revisions, the agency tries to recapture as much of that debate as is
relevant and practical.
V. Task Force Goals
During an early meeting, the task force identified several goals
for revising Part 230:
(1) harmonizing FRA and National Boiler Inspection Code terminology
and standards;
(2) modernizing the rules to reflect current operating realities;
(3) eliminating any incentives, financial or otherwise, for
operators to not follow the rules;
(4) encouraging the use of new technologies; and
(5) producing a rule that is more enforceable for being more
clearly written and more understandable.
These goals are reflected throughout this document and are embodied
in the changes proposed.
[[Page 51406]]
VI. Reorganization of Part 230
The 1978 standards are divided into two main parts--one for the
steam locomotive boiler and its appurtenances, and the other for the
steam locomotive and tender. As part of the proposed revisions to Part
230, the agency has restructured the rule so that it would contain a
``general'' part, Subpart A, which would contain provisions that would
apply to the entirety of Part 230, a boiler part, Subpart B, applicable
to the boiler and its appurtenances, and a locomotive part, Subpart C,
applicable to the steam locomotive and tender. Some of the concepts
contained in the proposed Subpart A were formerly contained in Subparts
A and B of the 1978 standards. This proposal is designed to reduce and
eliminate identified redundancies in the 1978 standards, and to make
the rule more clear, readable and understandable.
VII. Major Issues
A. Responsibility for Compliance.
The agency is proposing to change the term ``railroad company''
throughout the body of the rule to the term ``locomotive owner and/or
operator,'' consistent with the task force proposal to do so, in order
to reflect the change in steam locomotive operating practices. Many
railroad companies are not in the business of either owning or
operating steam locomotives today. While some tourist railroads own and
operate their own locomotives, frequently steam locomotives are owned
and/or operated by entities other than the railroad on whose line they
operate. Hence, in many instances, the locomotive owner and/or operator
is in a much better position than the railroad company to ensure
compliance with various regulatory requirements. Thus, the task force
recommended, and the agency is proposing, to more specifically affix
responsibility--throughout the rule--on those who are primarily
responsible for the locomotive. In most cases, that is the locomotive
owner and/or operator. The task force debated how to best articulate
the liability standard--whether to use ``owner and operator,'' ``owner/
operator,'' or ``owner or operator.'' They settled on the ``owner and/
or operator'' construct as the clearest method for affixing joint and
severable liability for the inspection and maintenance of steam
locomotives on the owner and operator. In certain sections of the rule,
however, the owner and the operator are individually identified as the
appropriate party on whom liability would rest.
Moreover, as provided by statute, the railroad would also be liable
for permitting any entity to use a noncomplying locomotive on its line
(see section-by-section discussion of section 230.4, below). The
adoption of the owner and/or operator language is a clear signal that
FRA intends to look first to the owner and/or operator to ensure
compliance, whether or not that happens to be the railroad. It is
important to note that the proposed applicability section, section
230.2, which the agency modified from that originally submitted by the
task force, uses the term ``railroad'' to describe where the rule
applies. As discussed in the section-by-section analysis for the
applicability section, the agency is proposing this change to harmonize
all of its applicability sections. Since this section best expresses
where the rule applies, as contrasted with the proposed
``Responsibility for Compliance'' section, Sec. 230.8, which best
expresses to whom the rule applies, the agency does not expect this
change to effect a substantive revision of the task force's proposal.
B. Inspection Scheme
In this rule, the agency is proposing to change the inspection
scheme for steam locomotive boilers to allow for the changed nature of
modern steam locomotive operations. The 1978 standards require steam
locomotive boilers to be inspected at various time periods that are
linked to an annual calendar, regardless of the amount of actual usage
the locomotive has incurred. When locomotives were in continuous
service, this system was not unduly burdensome. Operation of steam
locomotives today, however, occurs much more infrequently, sometimes
only a few times a year. Under the new inspection scheme, locomotives
would be required to be inspected based on the number of ``service
days'' they accrue, with various intermediate calendar inspection
requirements retained to ensure an adequate level of safety.
1. Service Days
This new scheme would be underpinned by the concept of a ``service
day,'' which would be defined as any day the locomotive has steam
pressure above atmospheric pressure and a fire in the firebox. Because
good practice for steam locomotive operation requires that the
locomotive boiler be slowly heated before use and slowly cooled after
use, due to the damage such rapid heating and cooling can cause the
metal of the boiler, a locomotive that runs on weekends could incur
three service days for one actual day of ``use.'' Thus, the locomotive
could have fire in the firebox and pressure above atmospheric pressure
for an entire day before it actually runs, for the entire day that it
runs, and during the time it takes to cool down after the day it runs,
which could run into a third service day. Some operators were concerned
that this definition would create an incentive for operators to
``dump'' their fires after operating the steam locomotive to avoid
incurring an extra service day. The task force was of the opinion,
however, that the financial cost to operators who might so dump their
fires (in terms of stress and damage to their boilers from such
behavior) would likely outweigh any inspection time period benefits
they might gain from such dumping. The task force also articulated its
belief that, with proper damping and draft restriction, fire can be
removed from the firebox (and a service day preserved) with no adverse
affects for the boiler--and that this practice can be, in fact, easier
on the boiler than banking the fire.
2. Daily Inspection
The proposed new ``daily inspection'' section would make clear the
inspection requirements for locomotive owners and operators. The 1978
standards contains no requirement for a daily inspection, other than a
requirement that the locomotive and tender be inspected ``after each
trip, or day's work.'' In the proposed section, the agency would retain
that general daily inspection requirement for each day that the
locomotive is ``offered for use,'' but also would impose a ``pre-
departure'' requirement for the locomotive to be inspected at the
beginning of each day the locomotive is actually used, with particular
attention called to certain safety critical items--the water glasses
and gauge cocks, the boiler's feedwater delivery systems, the air
compressors and governors, and the air brake system.
3. 31 and 92 Service Day Inspections
The proposed rule also requires 31 and 92 service day inspection
requirements, which would roughly correspond to the monthly and three
month inspections in the 1978 standards.
4. Annual Inspections
The proposed rule includes annual inspection requirements that
would be similar to the 1978 standards, requiring that the locomotive
be inspected after 368 days have elapsed from the time of the prior
annual inspection. The 1978 standards require that certain items be
inspected at least ``once every 12 months.'' The proposal for the
annual
[[Page 51407]]
inspection, as for all other inspections, would incorporate the
inspection requirements for all inspections required to be conducted at
earlier intervals. Thus, locomotives that are operated infrequently
enough to not accrue either 31 or 92 service days would have those
inspections conducted, at a minimum, once each 368 calendar days. In
addition, this proposal would modify the inspection time period for
flexible staybolts and caps from once each 2 years under the 1978
standards to during each 5th annual inspection.
5. 1472 Service Day Inspection
Finally, the 1978 standards require that the boiler be inspected,
at a minimum, once each 5 calendar years (boiler interior must be
inspected after 48 calendar months, within 5 consecutive years, and
boiler exterior must be inspected every 5 years, or if the locomotive
is out of service for at least one full month, then after 60 calendar
months within 6 consecutive years). This inspection is a major one,
requiring the removal of the jacket and lagging to conduct the exterior
inspection, and the removal of all flues in the locomotive boiler to
conduct a ``minute'' inspection of the interior of the boiler. The
agency is proposing to modify this requirement by requiring that these
inspections be conducted when the locomotive has accrued 1472 service
days, not to exceed 15 years. As explained earlier, in section IX(B),
the proposed revisions to these standards are designed to track the
amount of actual usage the steam locomotive receives. The 15 year
maximum, beyond which time the 1472 service day inspection would have
to be conducted, is derived from the Task Force's collective
experience.
As part of the 1472 service day inspection, the agency is also
proposing to require the completion, verification and updating of the
locomotive's Form 4, the ``specification card'' required by Sec. 230.54
of the 1978 standards. The agency is making clear that this form must
be verified, and updated as necessary, to reflect the current condition
of the boiler following the conduct of each 1472 service day
inspection.
This recordkeeping requirement would not actually be new, although
it might seem as such to some; it would merely clarify and make express
what the 1978 standards already require. Because some locomotive owners
and/or operators may not understand that the 1978 standards required
that the Form 4 be continuously accurate, however, this change might be
perceived as new.
The 1978 standards do not expressly require periodic surveying to
verify the accuracy of the current Form 4, nor the updating of any
changes thereto, although doing so was required by the language of the
form itself, which required a testimonial that all information was true
and accurate, and by the actual language of the 1978 standards itself,
which required that the Form 4 be updated to reflect boiler repairs or
changes that might affect the Form 4 data.
In addition, the agency is proposing a competence requirement for
the conduct of the 1472 service day inspection and for the surveying of
the boiler to recalculate the Form 4. Accordingly, this proposal would
require that an individual competent to do so conduct the 1472 service
day inspection and, at that time, that an individual competent to do so
survey the boiler to evaluate the accuracy of the current Form 4 and
use those survey results to recalculate the Form 4, if necessary. The
recalculated Form 4 would have to be filed within 1 month after the
completion of the 1472 service day inspection.
6. FRA Inspection Oversight
To ensure an adequate level of safety in light of these relaxed
time periods, the group recommended, and the agency is proposing, an
increased amount of FRA oversight for these inspections. Thus, for
certain of these periodic inspections, the agency would be offered the
opportunity to be present during the conduct of some, or all, of the
inspection. In the case of the 31 service day inspection, the agency
would bear the responsibility for communicating to the locomotive owner
and/or operator that FRA wants to be notified prior to the inspection
and given an opportunity to attend. Once that occurs, however, the
owner and/or operator would have to provide the agency with a scheduled
date and location for the inspection. At that time, any changes to that
schedule would have to be mutually agreed upon. This proposed approach
would balance competing interests and would comport with the task
force's deliberations. The task force wanted to provide owners and
operators the flexibility to conduct their business without
unreasonable interference by FRA scheduling conflicts; however, they
also intended that owners and/or operators would act in good faith and
take all reasonable measures to accommodate an FRA request to be
present.
In the case of the annual inspection, however, the locomotive owner
and/or operator would bear the onus of providing FRA with one month's
prior notice that the annual inspection is to be conducted. The agency
would then have the option of indicating a desire to be present for
some, or all, of this inspection. The locomotive owner and/or operator
would, at that point, have to provide FRA with a scheduled date and
location for each aspect of the inspection. As with the 31 service day
inspection, once scheduled, any scheduling changes would have to be
mutually agreed upon.
This notification scheme would allow the agency to observe the
locomotive owner and/or operator's conduct of various inspections, and
would allow the FRA field personnel directly responsible for inspecting
steam locomotive operations to work cooperatively with the regulated
community and to obtain better information about the condition of the
steam locomotives in their territories.
C. Elimination of Availability of Waivers
In this rule, the agency is proposing to eliminate the availability
of all waivers currently available under this part. The 1978 standards
contain a section that allows for the ``modification of rules'' for
``roads operating less than 5 locomotives'' upon a showing that
conditions warrant it. This language predated the agency's formal
waiver process, codified at 49 CFR 211.41, and was originally intended
to apply only to the subpart addressing the steam locomotive and
tender, and not the subpart addressing the locomotive boiler. In
addition, the flue removal section in the 1978 standards would allow
extensions of the time period for removing flues, and for conducting
the comprehensive boiler inspection, upon formal application to the
Director of the Bureau of Railroad Safety. Thus, throughout the
agency's eight regions, different locomotives have been allowed to
delay the conduct of the boiler inspection by varying amounts of time
based, in part, on the regional processes for addressing these
requests. By eliminating the waiver provision, the agency would
accomplish several things: (1) regulatory clarification that the
agency's waiver process in Part 211 is the appropriate vehicle for
gaining relief from the requirements of this part; (2) national
knowledge and coordination of all waivers considered and granted for
steam locomotives; and (3) an added level of assurance that steam
locomotives are being regulated consistently. The group also felt that
such extensions and waivers under this part would generally no longer
be necessary given the flexibility being
[[Page 51408]]
afforded by the proposed new inspection scheme--but where necessary,
would be best addressed by the centralized waiver process provided for
in Part 211.
D. Standard for Repairs
The agency is proposing to regulate the standards for making
certain repairs to the steam locomotive and boiler. The task force was
concerned about controlling the quality of the repairs made to steam
locomotives and boilers and decided to impose, as a minimum, the
requirement that repairs be made in accordance with an ``accepted
industry standard.'' While the task force debated simply requiring that
repairs be made in accordance with the National Board Inspection Code (
NBIC ) published by the National Board of Boiler and Pressure Vessel
Inspectors (NBBPVI) or the American Petroleum Institute (API)
established standards, it ultimately recommended that the agency afford
industry members a measure of flexibility by acknowledging the canon of
established railroad practices that have been successfully utilized
over time; this proposal reflects that decision. While there was some
concern about whether the term ``accepted'' was too vague, the task
force felt that it was a knowable quantum--that industry members knew
what was required to ensure that repairs are properly made. Due to the
small size and close-knitness of the steam locomotive community, the
group felt that imposing an ``accepted industry standard'' on repairs
made, and allowing that standard to include ``established railroad
practices, or NBIC or API established standards'' would result in an
equivalent level of quality in the repairs made. This proposal reflects
those decisions also. Finally, as used in this proposal, ``established
railroad practices'' would mean a practice used by one or more
railroads over a period of time that could be reasonably shown to have
been successful in service, or that most industry members would agree
is an appropriate standard to use for a given repair. In practice, the
locomotive owner and/or operator would bear the onus of proving that
the standard is established within the railroad community and that it
is appropriate for the repair under consideration.
The agency also is proposing to expressly allow welding on both
stayed and unstayed portions of the boiler, with some limitations.
While the 1978 standards did not prohibit welding on unstayed portions
of the boiler, it was widely understood that such welding was not
allowed. Thus, by expressly allowing it, this proposal would suggest a
fairly radical change.
In section 230.33 of this proposed rule, ``Welded Repairs and
Alterations,'' the agency is proposing requiring prior approval for any
welding done on unstayed portions of high carbon boilers (greater than
0.25% carbon); the risk of welding on the boiler is much higher for
boilers with a high carbon content. Welds on unstayed portions of lower
carbon boilers (less than 0.25% carbon) would not be similarly
restricted.
For both low and high carbon boilers, however, the agency is
proposing to impose a repair standard that allows the locomotive owner
and/or operator a measure of flexibility while simultaneously insuring
a minimum level of safety. Accordingly, the agency is proposing to
require that any welded repairs to unstayed portions of the boiler be
performed in ``accordance with an accepted national standard for boiler
repairs.'' This would modify the general repair standard discussed
above to more narrowly apply to boiler repairs.
By referencing an accepted national standard for boiler repairs,
the task force, and the agency, wanted to impose a measure of quality
control to provide assurance that any welding done is done well, and
done safely. Because there are several national organizations that
prescribe such procedures, the operator would be allowed to follow any
one of a number of methods. ``In accordance with an accepted national
standard for boiler repairs,'' therefore, would mean that all physical,
mechanical, and documentation requirements delineated in a particular
standard, such as the NBIC, have been satisfied. The task force heavily
debated simply imposing the NBIC standard itself but decided that the
financial burden imposed would be too great. The NBIC program requires
reporting of the final repair and third-party oversight throughout the
repair, which can be very costly. The task force felt the inspector
oversight and reporting requirements already mandated by the agency
would perform the same function as the NBIC third-party inspection and
reporting requirements. Accordingly, the task force decided to simply
reference the standard to which the repair should be done, without
incurring the reporting requirements, or third-party inspection
requirements, of the NBIC. This proposal reflects that decision.
The task force was also very concerned about follow-up radiography
for the welds conducted, and considered mandating that all welds on
unstayed portions of the boiler be radiographed. At one point they
considered incorporating an American Society of Mechanical Engineers
(ASME) radiography standard, which described the procedures for
conducting radiography, but ultimately concluded that doing so would be
more complicated than they desired this part to be, and that doing so
was ultimately unnecessary because the accepted national standard would
include radiography where necessary. Accordingly, this proposal does
not mandate radiography separate from that required by the accepted
national standard chosen for the welded repair at issue.
The task force discussed the potential for abuse of the ``accepted
national standard for boiler repairs'' standard but felt that this
section clearly requires locomotive owners and/or operators be able to
establish and/or document such a national standard--to point to the
procedures they followed in performing a particular weld. The
locomotive owner and/or operator would bear the onus of establishing
that they followed a particular national standard and did so correctly.
Accordingly, this standard would require that the locomotive owner and/
or operator adhere to whatever the particular national standard
requires, from pre-weld treatments and welder qualifications, through
post-weld inspection requirements. The locomotive owner and/or operator
would also have to demonstrate that they had satisfied the accepted
national standard upon request by an FRA inspector.
E. Allowances Encouraging the Use of New Technologies
The task force felt very strongly that the 1978 standards, which
had not been substantively revised in over 20 years, did not adequately
address new technologies. Accordingly, the task force wanted the rule
to address innovations in inspection and maintenance methodology and
technology. In many instances, the task force was concerned about the
excessive wear on the locomotive, boiler and appurtenances from
complying with aspects of the 1978 standards. The task force also felt
that the altered nature of steam locomotive service today provided
additional justification for updating the rule to reflect modern
operating circumstances, and to encourage the use of non-destructive
technologies to satisfy various inspection requirements. Accordingly,
in many sections of this proposed rule, the agency is encouraging the
use of advanced technologies by proposing to grant additional
regulatory flexibility where such technologies are utilized. In some
cases, however, the task force
[[Page 51409]]
recommended, and the proposal incorporates, mandatory non-destructive
examination (NDE) testing for safety reasons. The main sections
affected are: (1) the flue removal section, 230.31; (2) the Arch tube,
water bar tube and circulator section, 230.61; (3)the dry pipe section,
230.62; (4) the main reservoir testing section, 230.72; and (5) the
draw gear and draft system section, 230.92.
F. Imposition of Qualification Requirements for Repair
By referencing national standards, this proposed rule would
address, for the first time, the qualification requirements for
individuals making repairs to steam locomotives. Both the NTSB, and the
task force, felt strongly that the rule should address minimum
requirements for individuals making certain repairs. Thus, wherever
national standards call out qualification requirements, steam
locomotive owners and/or operators making such repairs would have to
comply with these requirements. The task force considered imposing more
explicit qualification requirements than those imputed from these
national standards but concluded that such was not necessary at this
time. FRA shares that view and is not proposing more explicit
qualification requirements.
G. Implementation Schedule
FRA is proposing a gradual phase-in of Part 230 to allow locomotive
owners and operators the flexibility necessary to bring their
operations into compliance. See section 230.3 for a full discussion of
the proposed implementation schedule. FRA is proposing that some
requirements must be complied with one year after the proposed
effective date for the final rule. In addition, FRA proposes that
locomotive owners and/or operators will be allowed to request flue
removal extensions until two years after the proposed effective date
for the final rule. Finally, locomotive owners and/or operators that
qualify to file a Petition for Special Consideration would be required
to do so within one year from the proposed effective date for the final
rule and the agency will have one year to consider and respond to any
petitions filed.
VII. National Transportation Safety Board Recommendations
Following their investigation of the 1995 steam boiler explosion on
the Gettysburg Passenger Services railroad, the NTSB issued the
following recommendations to the agency:
(1) Require that each operating steam locomotive have either a
water column or a water glass in addition to the water glass and three
gage cocks that are already required. (R-96-53).
(2) Require steam locomotive operators to have a documented water-
treatment program. (R-96-54).
(3) Describe basic responsibilities and procedures for functions
required by regulation, such as blowing down the water glass and
washing the boiler. (R-96-55).
(4) In cooperation with the Tourist Railway Association, Inc.
(TRAIN), promote awareness of and compliance with the Hours of Service
Act. (R-96-56).
(5) In cooperation with the National Board of Boiler and Pressure
Vessel Inspectors and the TRAIN, explore feasibility of requiring a
progressive crown stay feature in steam locomotives. (R-96-57).
(6) In cooperation with the National Board of Boiler and Pressure
Vessel Inspectors and the TRAIN develop certification criteria and
require that steam-locomotive operators and maintenance personnel be
periodically certified to operate and/or maintain a steam locomotive.
(R-96-58).
(7) In cooperation with the National Board of Boiler and Pressure
Vessel Inspectors and the TRAIN, update 49 CFR Part 230 to take
advantage of accepted practical modern boiler-inspection techniques and
technologies, to minimize interpretation based on empirical experience,
and to maximize the use of objective standards. (R-96-59).
This proposed rule reflects the careful consideration of these
recommendations, both by the agency and the industry advisory committee
members who advised the Administrator regarding revisions to this Part.
That advisory committee task force was comprised of steam locomotive
experts, steam railroad operators, steam boiler insurance companies,
the National Boiler Inspection Code Committee, Volpe National
Transportation Systems Center (Volpe Center) and several
representatives from FRA. Representatives of NTSB were offered a seat
at the table but declined. FRA requested that the task force address
the NTSB's recommendations and suggest appropriate responses. The
results of that discussion were as follows:
R-96-53 Water Glasses--The task force expressed support for this
recommendation, and section 230.51 of this proposal, which requires a
minimum of two sight glasses or a sight glass and a water column,
reflects that. The proposal eliminates the requirement that boilers be
equipped with gage cocks because the task force felt that the second
water glass was more accurate and easier to read. This proposal does
require, however, that the gage cocks be maintained on a locomotive
equipped with them.
R-96-54 Water Treatment--Industry members of the task force did not
express support for NTSB's proposed water treatment requirement because
they felt that the current regulatory focus on boiler washing was
adequate to address the condition of the boiler interior, and to
prevent the build up of sediment and mineral deposits. The task force
also felt that water treatment programs could be unduly burdensome,
especially for steam locomotives with a single water source that
requires constant testing due to water quality variations, or where
locomotives travel long distances and draw water from numerous sources.
Finally, the industry members felt that the issue of water treatment
should be addressed in a performance standard, but they indicated that
it would be impossible to write a uniform performance standard. FRA
agrees that the fundamental issue is the interior condition of the
boiler, and the task force recommendations and FRA inspection practice
adequately addresses the condition of the boiler interior.
R-96-55 Delineation of Responsibilities--The task force expressed
support for this recommendation, and this proposal attempts to clearly
delineate basic responsibilities and procedures. In addition, the Volpe
Center has produced a training video for steam-locomotive operators for
FRA. The video covers items required during daily inspections and pre-
trip inspections, such as blowing down water glasses, checking gage
cocks and other items to ensure the safe operation of a steam
locomotive. This video was unveiled during TRAIN's annual convention in
November of 1997, and was mailed to steam locomotive owners and
operators throughout the country shortly thereafter. Finally, the
industry members of the group endorsed putting together a ``Recommended
Practice Manual'' (RPM) for many issues that this proposal does not
address. The agency will continue to work with the industry on the
development of a RPM.
R-96-56 Hours of Service Act Awareness--The industry members indicated
support for FRA's working
[[Page 51410]]
in tandem with the TRAIN to promote awareness of the Hours of Service
Act. The agency will work with TRAIN to increase awareness of Hours of
Service Act requirements, and to promote compliance with the Act.
R-96-57 Progressive Crown Stays--The industry representatives
indicated their willingness to explore the feasibility of progressive
crown-stays but did not think time would permit their addressing this
issue in the Part 230 revisions. FRA has requested that the NTSB make
staff assistance available to the task force to outline the steps
necessary to conduct this evaluation.
R-96-58 Certification Program--The industry representatives expressed
support for this recommendation and are investigating the feasibility
of developing certification criteria for several classes of employees
or volunteers affected. Some members, however, expressed concern about
the cost involved in assessing job and task requirements. The agency
would prefer to promote a voluntary certification program. While the
current standards for Qualification and Certification of Locomotive
Engineers contain training requirements that may serve as a framework
for better defining the competencies of steam locomotive operators,
those regulations do not currently apply to operations off the general
system of rail transportation. Administering a technically elaborate
certification program that would ultimately affect the operation of
fewer than 150 locomotives does not appear to be a wise use of scarce
federal resources. Following completion of the Steam Locomotive
Standards revision, FRA will encourage the Tourist & Historic Working
Group to carry forward this discussion, with the objectives of
supporting private initiatives and offering technical support for sound
training programs, including evaluation of current competencies.
R-96-59 Modernization of Part 230--Industry members expressed support
for this recommendation and are accomplishing this through its
partnership with FRA on the Railroad Safety Advisory Committee/Tourist
& Historic Working Group task force.
FRA submitted responses to the NTSB's recommendations and,
recently, received the NTSB's reply to our response. The NTSB was
satisfied with the agency's plan, influenced by the task force
recommendations, to address NTSB recommendations R-96-53, R-96-55, R-
96-56, and R-96-59 but was, however, dissatisfied with our plan to
address recommendations R-96-54, R-96-57, and R-96-58. These three
latter recommendations will be discussed at greater length below.
FRA concurs with the task force responses to NTSB's recommendations
and believes that the proposed revisions to the steam locomotive
regulations will address most of those recommendations. The agency
invited NTSB staff to participate in the task force deliberations, but
they were unable to do so. FRA believes that a full technical exchange
of views would have been helpful to resolving the remaining
recommendations. Notwithstanding the following explanation (which the
agency supports) of the task force's deliberations, below, and why they
did not agree with certain of the NTSB's recommendations, any party
supporting those recommendations should submit data and analysis
indicating the safety need for a more prescriptive approach.
NTSB's recommendation R-96-54 would require operators to maintain a
documented water treatment program. The task force simply disagreed
that such a program was necessary. They felt that the boiler washes
were the real issue, not the chemical remediation of the owner or
operator's water source. THE NTSB, in its response, concurred with the
task force that the wash is ``probably more directly effective in
controlling boiler sediment and mineral deposits.'' However, the NTSB
added, ``a documented water treatment program does not have to be
expensive, rigid or burdensome.'' While the agency lacks the data to
evaluate the cost-effectiveness of any such program, it doesn't feel
such an inquiry is necessary since all parties agree that the wash is
the most ``directly effective'' method of preventing boiler sediment
and mineral deposits. Based on discussions in the task force and field
experience concerning steam boiler maintenance, it is the agency's
judgement that safety will not be enhanced by incorporating this
additional requirement into the rule. Operators are always free to
voluntarily conduct their own water treatment programs (and many do).
Given the effectiveness of the boiler wash, it does not appear to be
cost-beneficial to mandate documented water treatment programs at this
time. FRA is also concerned with the paperwork burdens associated with
such a program. Federal agencies are mandated to reduce information
collection burdens, and regulatory burdens on small entities are to be
minimized. However, and notwithstanding the above, anyone with specific
data and analysis supporting this recommendation should submit it for
the agency's consideration.
The NTSB's recommendation R-96-57 would require the agency to
explore the feasibility of progressive crown-stays in mitigating the
damage caused by boiler failures. The task force's experience with
progressive crown stays was not enough, without more, to support a
mandate at this time. The agency, in consultation with the task force,
indicated to the NTSB its willingness to do so, but felt it lacked time
and resources to adequately address this issue at this time, in this
rulemaking. The NTSB found this response unacceptable. The agency told
the NTSB they would appreciate the Board's making available staff
assistance to the task force to help outline the steps necessary to
conduct this evaluation. No assistance was forthcoming. The agency
remains open to this issue but believes that research is necessary
before it can conclude, one way or another, that progressive crown
stays are a cost-beneficial safety enhancement. Any party with data or
analysis related to progressive crown stays, and their role in
mitigating boiler failures, should submit it to the agency at this
time.
Finally, NTSB recommendation R-96-58 would require the agency to
develop a certification program for steam locomotive operators and
maintenance personnel. The agency prefers to promote a voluntary
certification program, given the scarcity of federal resources
available to administer a technically elaborate certification program
for such a small number of affected entities. The Tourist and Historic
Working Group's task force has already created and produced, with the
Volpe Center, a training video for the conduct of steam locomotive
daily inspections. This video was aired during the TRAIN convention
held in November of 1997, and was mailed to each steam locomotive owner
or operator for whom the agency had user fee records. This is but a
first step in response to the NTSB's recommendation; the agency plans
to work with the regulated community to carry forward this discussion
and will support private initiatives, offering technical support for
training programs, including the evaluation of current competencies of
steam locomotive operators and maintenance personnel. Of course, any
party supporting the NTSB's recommendations should submit data and
analysis indicating the safety need for a more prescriptive approach.
[[Page 51411]]
Section-by-Section Analysis
The following section-by-section analysis discusses the proposed
changes in more detail. As an aid to readers, FRA has denominated as
``new'' sections of the proposed rule which lack a present counter
part.
Subpart A--General
FRA is proposing in this subpart to add a series of provisions
comparable to those found in its recent regulations. Through these
uniform provisions, FRA makes explicit the scope, purposes and
applicability of these rules and the potential consequences of
noncompliance with the rules once adopted.
Section 230.1. Purpose and Scope (New)
This section proposes to make explicit the scope of Part 230, and
that these proposed standards are minimum standards only.
Section 230.2. Applicability (New)
As described in the above ``Responsibility for Compliance''
discussion, the task force wanted to rewrite this Part to make clear
that the steam locomotive regulations would apply primarily to steam
locomotive owners and/or operators. Their proposed applicability
section read as follows:
This part applies to any entity which owns a steam locomotive or
operates one under a contract, agreement or lease. This part does
not apply to entities that own or operate steam locomotives over
track that is less than 24 inches in gage or to entities that are
considered ``insular'' by this agency. See Appendix A for a current
statement of the policy on the Federal Railroad Administration's
(FRA's) exercise of jurisdiction.
Although the agency changed this language to text that is more in
keeping with the purpose and language of the applicability provisions
of FRA's other rules, this will not defeat the task force's clear
objective to place responsibility primarily on the owner and/or
operator of the locomotive, since the Applicability section does not
indicate on whom the rule will place responsibility for compliance, but
rather indicates where, geographically, the rule will apply. That is,
the applicability section indicates on which railroads the rule will
apply. By statute, FRA has jurisdiction over all railroads (except for
urban rapid transit operations not connected to the general system),
but it frequently limits the reach of a particular rule to something
less than the entire universe of railroads, and uses the applicability
section to clarify which operations are intended to be covered by the
rule. Individuals trying to determine whether they must comply with
this Part should turn to section 230.8 Responsibility for Compliance,
for guidance. That section, which captures and retains the task force
intent expressed in their recommended ``Applicability'' language, would
indicate to whom the rule applies. In this rule, that would
specifically include the locomotive owner and/or operator.
Notwithstanding elimination from the Applicability section, the
locomotive owner and/or operator remain specifically identified
throughout the rule as the party or parties best able to execute
certain delineated inspection and maintenance responsibilities. Thus,
the fact that the locomotive owner and/or operator have been removed
from the Applicability provision does not mean that they will not be
held primarily responsible for compliance; rather, section 230.2 should
be seen as standard language used to describe the extent of the
agency's exercise of its statutory jurisdiction, with section 230.8
providing the practical compliance guidance that the task force
included in the Applicability section it recommended.
Accordingly, this section proposes to make these standards apply to
all railroads that operate steam locomotives. This section further
carves out four categorical exceptions (three of which are ``standard''
exceptions) to this broad expression of regulatory authority. First,
this section, as proposed, would not apply to railroads with less than
24'' gage. This section is not standard, but is consistent with the
agency's historical approach to exercising its safety jurisdiction.
Railroads on less than 24'' gage have never been considered railroads
by the Federal railroad safety laws and are generally considered
miniature or imitation railroads. In the context of this rule, which
will clearly apply to certain operations of less than standard gage, it
is important to clarify that the smallest gage railroads are not
included.
Second, this section, as proposed, would not apply to ``plant''
railroads that exclusively operate freight trains on track inside an
installation that is not part of the general system of transportation.
This is a standard provision.
Third, this section, as proposed, would not apply to urban rapid-
transit operations that are not connected to the general system of
transportation. This is also a standard provision that merely restates
the statutory limit on FRA's jurisdiction for the convenience of the
reader.
Finally, this section, as proposed, would exclude from its reach a
railroad that operates passenger trains only on track inside an insular
installation--one that's operations are limited to a separate enclave
in such a way that the safety of those who do not enter the enclave is
not affected by the operations. Insularity is destroyed, however, and
the rule would apply, where any of the following exists: (1) a public
highway-rail crossing that is in use; (2) an at-grade rail crossing
that is in use; (3) a bridge over a public road or commercially
navigable waters; or (4) a common corridor with another railroad, i.e.,
operations conducted within 30 feet of those of any other railroad.
This section, too, is standard and reflects the agency's long-standing
policy on its exercise of jurisdiction over tourist and historic
railroads. This language is used where FRA intends to reach tourist
railroads whose operations are not over the general railroad system but
affect public safety sufficiently to be covered by a particular rule.
As proposed, this section includes the word ``installation'' in its
discussion of this Part's applicability to entities that operate
``passenger'' trains. While the agency has included this term with
specific reference to passenger operations in three of its rulemakings
over the past few years,1 the agency believes that the
regulated industry may not be accustomed to seeing this term in the
context of tourist railroads, instead of the customary'plant railroad''
context. It is the agency's view that an ``installation'' is simply a
separate enclave off the general system.
---------------------------------------------------------------------------
\1\ See Power Brake Regulations NPRM, 59 FR 47676 (September 16,
1994); Railroad Accident Reporting NPRM, 59 FR 42880 (August 19,
1994); and Grade Crossing Signal System Safety Final Rule, 59 FR
50086, (September 30, 1994). Subsequent publications in the Grade
Crossing (GC) and Accident Reporting (AR) arenas have included this
language as well. See 61 FR 30940 (AR) (6/18/96), 61 FR 31802 (GC),
(6/20/96), and 61 FR 67477 (AR) (12/23/96).
---------------------------------------------------------------------------
Section 230.3. Implementation (New)
This section proposes a staggered implementation scheme to provide
additional flexibility to locomotive owners and operators who might be
otherwise adversely affected by the magnitude of changes being
proposed. The implementation language was strenuously debated by all
members of the task force. The task force's greatest concern related to
the potential that locomotive owners and/or operators would be required
under the proposed rule to conduct an inspection equivalent to that
required by this rule's section 230.17 sooner than they would be
required to do so under section 230.10
[[Page 51412]]
of the 1978 standards. This concern was balanced against the concern
that locomotive owners and/or operators not be granted a ``windfall''
and allowed more time under the proposed standards than wise to ensure
an adequate level of safety.
The task force's primary desire was to apply the new inspection
requirements retroactively to certain locomotives that had complied
with section 230.10 and section 230.11 of the 1978 standards within a
set period of time prior to the effective date of the rule. The task
force had a great deal of difficulty determining the appropriate period
of time prior to the rule's effective date to allow retroactive
application of the proposed inspection standards. The Association of
Railway Museums, in particular, wanted to allow locomotive owners and/
or operators that had satisfied the inspection requirements under the
1978 standards within ten years prior to this rule's effective date to
compute the time for conducting the 1472 service day/15 year inspection
from the date on which those inspections were conducted.
The compromise which resulted is reflected in this section. This
section would make the conduct of the 1472 service day inspection the
trigger for compliance with the entire part, and would require the 1472
service day inspection to be conducted at the time the inspection under
section 230.10 of the 1978 standards would be required under the 1978
standards. Thus, with the exception of certain items that become
effective one year from the effective date of the rule, the locomotive
owner and/or operator would have to begin to comply with the entirety
of the rest of Part 230 whenever they conduct the 1472 service day
inspection required under the proposed standards. Up until that time,
however, compliance with the regulations in effect prior to the
effective date of this rule would constitute full compliance with this
part.
To provide additional flexibility, however, the agency is proposing
to continue to consider flue removal extensions under the provisions of
section 230.10 of the 1978 standards until two years from the effective
date of the rule. Thus, in a typical case, a locomotive that had
received an inspection under section 230.10 of the 1978 standards up to
five years ago would have, with this flue extension provision, a
potential minimum of two years from the effective date of the rule to
conduct the 1472 service day inspection required by these proposed
standards. If the locomotive had very recently received the inspection
required by section 230.10 of the 1978 standards, likewise, the
locomotive owner and/or operator would have the entire period allowed
under that section before conducting the 1472 service day inspection
required by these proposed standards.
Notwithstanding the above, the implementation section also proposes
allowing locomotive owners and/or operators to petition the agency for
``special consideration'' of the rule's implementation. In order to
qualify to file a petition for special consideration, the locomotive
owner and/or operator would have to have either fully or partially
satisfied the proposed 1472 service day inspection requirements within
three years prior to the effective date of this rule. If the locomotive
had only partially satisfied the requirements of this section, it would
have to be in full compliance by the time the petition is actually
filed. The petition would have to be filed within one year from the
effective date of the rule and would have to include all documentation
necessary to establish that the locomotive had satisfied the
requirements of the proposed 1472 service day inspection standards. The
agency would then respond to the petition within one year. Thus, the
time involved in filing a petition for special consideration, and for
receiving FRA's response to that petition, would be the same as the
two-year grace period allowed to non-petitioning locomotive owner and/
or operators who utilize the available flue extension provision. The
caveat to this, however, is the additional 6-month extension which
would be allowed where the agency did not respond in a timely fashion.
As this language is proposed, the distinction between ``full'' and
``partial'' satisfaction relates to the dual requirements of this
rule's section 230.17--both the inspection, and the updating and
verification of the Form 4. A locomotive that had satisfied both of
these requirements within three years prior to the effective date of
this rule would be able to file the petition the day the rule becomes
effective. A locomotive that had only satisfied one requirement,
however, would have ``partially'' satisfied the requirements of section
230.17 and would have the term of the petition process, one year, to
satisfy the second requirement. For example, a locomotive owner and/or
operator who had inspected their locomotive under section 230.10 of the
1978 standards within three years prior to the effective date of this
rule, without updating and verifying the Form 4 at that time, would
have a full year to do so before submitting the application. Likewise,
if the Form 4 had been updated and verified within three years prior to
the effective date of the rule but an inspection satisfying section
230.10 of the 1978 standards had not been conducted, the locomotive
owner and/or operator would have one year to conduct the qualifying
inspection before submitting their application for special
consideration.
This section also contains provisions to address the requirements
related to the filing of the petition. As proposed, this section would
require petitions to be accompanied by documentation sufficient to
allow the agency to determine the number of ``service days'' the
locomotive has accrued from the date of the inspection conducted under
the 1978 standards, and how many service days remain before the 1472
service day inspection must be conducted under this rule's section
230.17. The task force was concerned about proving the submission and
response to the petition, so the proposed rule would recommend that
petitions, and the agency's response thereto, be sent by some form of
registered mail to ensure a record of delivery. In addition, this
section contains provisions addressing the effect of the petition's
disposition on the implementation requirements. If the agency were to
grant the petition, the requirements would become effective upon
receipt of the response letter. Likewise, if the agency were to deny
the petition, the rule would become effective as though the petition
had never been filed.
Finally, because many task force members were concerned about the
problem of potential untimeliness in the agency's response, this
section would address the effect of agency silence within the one year
response time period. It would require the petitioner to notify the
agency that the response has not been received, and would allow
operators at the end of their inspection cycle to operate under the
1978 standards for an additional 6 months, or until they receive FRA's
decision, whichever occurs first.
Section 230.4. Prohibited Acts (New)
This proposed section would merely restate, in regulatory language,
the dictates of Chapter 207 of Title 49 of the United States Code.
Section 230.5 Penalties (New)
This section, as proposed, merely incorporates the maximum
penalties provided for in the Federal railroad safety laws. These
penalty amounts, however, have recently been adjusted for inflation
pursuant to the Federal Civil Penalties Inflation Adjustment Act
[[Page 51413]]
of 1990, Pub. L. 101-410 Stat. 890, 28 U.S.C. 2461 note, as amended by
the Debt Collection Improvement Act of 1996, Pub. L. 104-124 (4/26/96).
For a more complete discussion of the agency's recent penalty
adjustments see Civil Monetary Penalty Inflation Adjustment, 63 FR
11618 (March 10, 1998).
Section 230.6. Preemptive Effect (New)
FRA is proposing to add a preemption section, which would parallel
the preemption language of section 20106 of Title 49 of the United
States Code. As proposed, however, this section would modify that
language to make clear that FRA does not intend to preempt states from
regulating entities over which it is currently not exercising
jurisdiction. Thus, in the case of an entity that operates steam
locomotives over track of less than 24'' gage, for example, FRA would
allow states to regulate and provide oversight for the inspection and
maintenance of those steam locomotives. FRA believes that such a
modification is consistent with the legislative intent of section
20106.
Section 230.7. Waivers (New)
FRA is proposing to nullify all waivers previously granted under
Part 230 unless they are filed for reassessment with the agency. Under
the terms of this provision, the agency would review these waivers and
notify applicants whether the waiver has been continued. Locomotive
owners and/or operators would have to assume that their waiver had
expired unless they heard otherwise from the agency, unless the waiver
was for a ``flue extension'' that would automatically expire one year
from the date granted.
With this proposal, the agency intends to rectify the
misapplication of section 230.158 of the 1978 standards to the steam
locomotive boiler and flues. Under the 1978 standards, railroads
operating fewer than 5 locomotives can apply for a waiver from the
requirements of Subpart B--Steam Locomotives and Tenders. This section
was intended to apply only to those regulations in Subpart B but,
instead, has been misapplied and extended to Subpart A as well.
Consequently, under section 230.158 of the 1978 standards, modern
operators frequently received waivers from provisions in Subpart A and
applicable only to the boiler, such as the flue removal provision.
With this proposal, in addition, the agency intends to make
explicit that its waiver process, described in 49 CFR Part 211, has
been centralized since the last time this part was substantively
revised. Thus, this proposed section would recognize Part 211, instead
of the 1978 standard's section 230.158, as the appropriate process for
addressing waivers under Part 230.
Section 230.8. Responsibility for Compliance (New)
This section, as proposed, would indicate which party or parties is
responsible for ensuring that the requirements of Part 230 are
satisfied. See the discussion in section IX(A) ``Responsibility for
Compliance,'' above.
Section 230.9. Definitions (New)
The following is an explanation of each definition that FRA
proposes to add or amend.
Alteration--This proposed definition incorporates the NBIC
definition to harmonize concepts for the industry.
ANSI--This proposed definition is non-substantive and is included
for clarification purposes.
API--This proposed definition is non-substantive and is included
for clarification purposes.
ASME--This proposed definition is non-substantive and is included
for clarification purposes.
Boiler Surfaces--This proposed definition was added to make
explicit, and to help clarify, the portions of the boiler which are
referenced throughout the rule.
Break--This proposed definition incorporates the distinction
between ``break'' and ``crack'' delineated in Part 229.
Code of Original Construction--This proposed definition is non-
substantive and is included for clarification purposes.
Crack--This proposed definition incorporates the distinction
between ``break'' and ``crack'' delineated in Part 229
Locomotive Operator--As discussed in the liability section above,
the agency is proposing making its liability standards more specific,
to acknowledge that many locomotives are owned and operated by entities
other than railroad companies. This proposed definition distinguishes
between these relevant entities to make clear that the locomotive may
be owned and operated by separate entities.
Locomotive Owner--As discussed in the liability section above, the
agency is proposing making its liability standards more specific, to
acknowledge that many locomotives are owned and operated by entities
other than railroad companies. This proposed definition distinguishes
between these relevant entities to make clear that the locomotive may
be owned and operated by separate entities.
MAWP--This proposed definition is non-substantive and is included
for clarification purposes.
NBIC--This proposed definition is non-substantive and is included
for clarification purposes.
NDE--This proposed definition is non-substantive and is included
for clarification purposes.
NPS--This proposed definition is non-substantive and is included
for clarification purposes.
Railroad--This proposed definition incorporates the statutory
definition of railroad from 49 U.S.C. Sec. 20102.
Renewal--This proposed definition incorporates industry concepts
and is not intended to have substantive effect.
Repair--This proposed definition incorporates the NBIC definition
to harmonize concepts for the industry.
Serious Injury--This proposed definition incorporates the
definition of serious injury from the ``FRA Guide for preparing
Accident Incident Reports'' (Effective: January 1997).
Service Day--As described in the inspection section above, the
agency is proposing altering the inspection time periods throughout
this part and proposing a new ``service day'' concept. This definition,
as proposed, would make each day that the boiler has steam pressure
above atmospheric pressure with fire in the firebox count as a
``service day'' for purposes of the accounting that is necessary for
the rest of the inspection intervals.
Stayed Portion of the Boiler--This proposed definition establishes
a threshold for distinguishing between stayed and unstayed portions of
the boiler, both of which are identified in this part. It is not
intended to have substantive effect. In addition, at least one group
member was concerned that the preamble reflect that reinforced openings
in unstayed portions of the boiler are not considered ``stayed'' for
purposes of this definition.
Steam Locomotive--This proposed definition modifies the 1978
standard's definition of ``locomotive'' to make it specific to a
``steam locomotive.'' It has also been rewritten for grammatical
clarity.
Unstayed Portion of the Boiler--This proposed definition
establishes a threshold for distinguishing between stayed and unstayed
portions of the boiler, both of which are identified in this part. It
is not intended to have substantive effect.
Wastage--This proposed definition is a technical definition and is
proposed for purposes of clarifying required minimum thicknesses and
condemning limits for the boiler.
[[Page 51414]]
Section 230.10. Information Collection (New)
This section, as proposed, is included for the convenience of the
reader. It imposes no new requirements upon regulated entities, but
simply represents the agency's certification that it has complied with
all Office of Management and Budget review requirements pursuant to the
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et. seq.). The review
and approval process reflected in this provision are explained in
greater detail below.
General Inspection Requirements
Section 230.11. Repair of Non-Complying Conditions (New)
This section would import to Part 230 the requirement embodied in
Part 229 that non-complying locomotives be repaired before they are
returned to service. In addition, as proposed, it would affix
responsibility for such repairs on the locomotive owner and/or
operator, as well as the responsibility for approving any noncomplying
conditions that are not repaired.
Section 230.12. Movement of Non-Complying Steam Locomotives (New)
This section would make Part 230 current with Part 229 by
incorporating the concept of movement for the purpose of repair, which
would allow a locomotive with noncomplying conditions to be moved for
the purpose of repair, after the locomotive owner and/or operator has
determined that the locomotive is safe to be moved. The task force felt
strongly that this provision was necessary to acknowledge the operating
exigencies which occur in most steam locomotive operations.
Section 230.13. Daily Inspection (New)
This provision, as part of the more comprehensive changes
contemplated for the inspection scheme in Part 230, would not effect a
substantive change to those regulations governing the inspection of
steam locomotives.
Section 230.14.31 Service Day Inspection (New)
This provision, as part of the more comprehensive changes
contemplated for the inspection scheme in Part 230, would impose no new
inspection requirements for steam locomotives but it would relax the
time frame within which certain inspections must occur.
Section 230.15.92 Service Day Inspection (New)
This provision, as part of the more comprehensive changes
contemplated for the inspection scheme in Part 230, would impose no new
inspection requirements for steam locomotives but it would relax the
time frame within which certain inspections must occur.
Section 230.16. Annual Inspection (New)
This provision would not effect a substantive change to those
regulations governing annual inspection requirements for steam
locomotives.
Section 230.17.1472 Service Day Inspection (New)
This provision, as part of the more comprehensive changes
contemplated for the inspection scheme in Part 230, would impose no new
inspection requirements for steam locomotives but it would relax the
time frame within which certain inspections must occur and would
require the verification and updating of information about the steam
locomotive for which the Form 4 is filed. See the analysis in section
IX(B)(5), above.
Recordkeeping Requirements
Section 230.18. Service Days (New)
This provision, as part of the more comprehensive changes
contemplated for the inspection scheme in Part 230, would impose a new
recordkeeping requirement for steam locomotives. This section would
require locomotive owners and/or operators to keep a record showing the
number of service days the steam locomotive has accrued since its last
31 service day, 92 service day, annual and 1472 service day
inspections. This section would also require the locomotive owner and/
or operator to file a report each January 31 detailing the number of
service days the locomotive accrued during the preceding calendar year.
The failure to file this report would result in the locomotive being
considered ``retired.'' In order to return a ``retired'' locomotive to
service, the locomotive owner and/or operator would have to conduct a
1472 service day inspection.
The agency does not intend for this recordkeeping requirement to
have a draconian effect; should a service day report be filed a day or
two late, the agency will give the operator the benefit of the doubt
and allow the report to take effect as though it had been timely filed.
While these proposed changes would impose additional recordkeeping
requirements on regulated entities, the agency believes that any
additional burdens so imposed are outweighed by the benefits which
adhere to the regulated community from the new inspection time periods.
Section 230.19. Posting of FRA Form No. 1 and FRA Form No. 3
This section would impose no new recordkeeping requirements upon
locomotive owners and/or operators. The FRA Form No. 1 is the 31
service day and 92 service day inspection report, which is currently
the monthly inspection report required by sections 230.51 and 230.160
of the 1978 standards. The FRA Form No. 3 is the annual inspection
report, which is identical to the annual inspection report required by
sections 230.52 and 230.161 of the 1978 standards.
Section 230.20. Alteration and Repair Report for Steam Locomotive
Boilers
This section would impose no new recordkeeping requirements upon
locomotive owners and/or operators. The FRA Form No. 19 is the
alteration report that regulated entities are required to file by
section 230.54 of the 1978 standards. This new provision would require
the locomotive owner or operator to file this form whenever alterations
that affect the information on the FRA Form No. 4 are made, and would
impose new requirements for filing the Form 19 whenever welded or
riveted repairs are made to the unstayed portion of the locomotive
boiler. This section also would require that the locomotive owner and/
or operator record any welded or riveted repairs that are made to
stayed portions of the locomotive boiler.
Section 230.21. Steam Locomotive Number Change (New)
This section would incorporate into Part 230, in the interest of
harmonizing outstanding requirements addressing steam locomotives,
requirements issued by the former Interstate Commerce Commission in its
``Interpretations, Rulings and Explanations on Questions Raised
Regarding the Laws, Rules, and Instructions for Inspection and Testing
of Steam Locomotives and Tenders and Their Appurtenances' (ICC
Interpretations).
Section 230.22. Accident Reports
As proposed, this section would retain the requirements of section
230.162 of the 1978 standards and would impose no new requirements on
locomotive owners and/or operators.
Subpart B--Boilers and Appurtenances
Section 230.23. Responsibility for General Construction and Safe
Working Pressure
This section, as proposed, would make the locomotive owner and
operator, both, jointly and severally
[[Page 51415]]
responsible for the general design and construction of the locomotive
boiler. section 230.1 of the 1978 standard's places that responsibility
on the ``railroad company.'' This change is being proposed to capture
the changes which have occurred in the steam locomotive industry since
the original steam rules were promulgated, and to place responsibility
for the locomotive on the parties best able to satisfy that
responsibility. This proposal is designed to affix responsibility on
owners and operators whether or not they are railroad companies.
Allowable Stress
Section 230.24. Maximum Allowable Stress
This section, as proposed, does not substantively change section
230.2 of the 1978 standards, but rewrites it to clarify the concepts it
expresses.
Section 230.25. Maximum Allowable Stress on Stays and Braces
This section, as proposed, does not substantively change section
230.3 of the 1978 standards, other than to propose removing the
distinction for locomotives constructed before and after 1915. The task
force felt that this distinction was no longer relevant.
Strength of Materials
Section 230.26. Tensile Strength of Shell Plates
This section, as proposed, would retain section 230.4 of the 1978
standards, without change.
Section 230.27. Maximum Shearing Strength of Rivets
This section, as proposed, would retain section 230.5 of the 1978
standards, without change.
Section 230.28. Higher Shearing Strength of Rivets
This section, as proposed, would retain section 230.6 of the 1978
standards, without change.
Inspection and Repair
Section 230.29. Inspection and Repair
This section, as proposed, would combine the concepts embodied in
sections 230.7 and 230.12 of the 1978 standards. The task force decided
to change the responsibility for inspection and repair of the
locomotive boiler from the ``mechanical officer in charge at each point
where boiler work is done'' to the steam locomotive owner and/or
operator. This change was proposed since few operations still have
chief mechanical officers due to the changed nature of steam operations
today, and because the task force wanted to make the ``liability'' as
consistent as possible throughout the rule. This section also would
require the locomotive owner and/or operator to remove the boiler from
service whenever they, or the FRA inspector, considers it necessary due
to other defects. The task force was concerned about FRA inspectors'
exercise of discretion in this arena. However, it was agreed that the
agency would act in good faith and do its best to minimize any
disruption of the operator's service whenever such concerns arise. In
addition, they agreed that FRA should allow for non-destructive testing
in the investigation of any ``safety concerns'' identified.
This section also would make more specific the repair standard in
section 230.12 of the 1978 standards, which simply requires that
boilers be ``thoroughly repaired, and reported to be in satisfactory
condition,'' by requiring that all defects be repaired in accordance
with accepted industry standards. These standards may include
established railroad practices, or NBIC or API established standards.
See section IX(D), above, for a discussion of the meaning of
``established railroad practices.'' This section also would propose
replacing the ``satisfactory condition'' repair standard of the 1978
standard's section 230.12 with a requirement that the boiler not be
returned to service unless it is in good condition and ``safe and
suitable for service.''
Finally, this section proposes to require that welded repairs to
unstayed portions of the boiler pursuant to section 230.33, must be
made in accordance with an accepted national standard for boiler
repairs.
Section 230.30. Lap-Joint Seam Boilers
This section, as proposed, would clarify and eliminate an ambiguity
in section 230.13 of the 1978 standards by explaining that ``examined
with special care'' means removing enough lagging, jacketing, flues and
tubes so that a thorough inspection of the entire joint, (inside and
out) can be made. This section is otherwise unchanged and is not
intended to restrict the use of modern technology which might allow the
conduct of a ``thorough inspection'' without as much disassembly of the
locomotive.
Section 230.31. Flues To Be Removed
This proposed section, as part of the more comprehensive changes
contemplated for the inspection scheme in Part 230, would change the
time period within which locomotive owners and/or operators must remove
all flues of locomotive boilers and conduct a thorough inspection of
the boiler. Section 230.10 of the 1978 standards require that this be
done at least once every four (4) years.
The proposal also would allow the locomotive owner and/or operator
to utilize non-destructive examination (NDE) methods to assess the
condition of superheater flues and leave them in the boiler during this
inspection provided two conditions are satisfied: (1) that the NDE
testing shows that they are safe and suitable for locomotive service;
and (2) that the boiler can be entered to be cleaned and inspected
without their removal. Even if these two conditions are satisfied,
however, this proposal would require that the locomotive owner and/or
operator remove the superheater flues if they, or if the FRA inspector,
thinks doing so is necessary for some identifiable safety concern.
This proposal also would remove the language in the 1978 standards
of the flue removal section that allows FRA to grant an extension of
the time period within which flues must be removed. The task force felt
that the 15-year ``drop dead'' time limit for conducting the 1472
service day inspection should be the absolute outside time period
within which the flues must be removed. In the task force's experience,
operators who were previously required to remove their flues once each
four years, which could become five years with the use of ``out of
service credit,'' could get extensions of this requirement for up to
twelve and thirteen years. Since this proposal would allow them to
stretch that time period out to up to 15 years, the task force felt
that no further extensions would be necessary.
As discussed above in section IX(E), the task force felt strongly
that operators should be encouraged to take advantage of new
technologies in the use and operation of steam locomotives. By allowing
the operator to leave superheater flues in the boiler if they could
determine that they were safe and suitable for service, the task force
felt it was building into this section an incentive for operators to
utilize NDE methods, such as ultrasound, in making that determination.
Section 230.32. Time and Method of Inspection
This section, as proposed, combines the inspection requirements for
both the boiler interior and exterior in sections 230.9, 230.11, 230.15
and 230.16 of the 1978 standards, and rewrites them for clarity. The
task force felt that rewriting this section would consolidate the
[[Page 51416]]
various inspection requirements and make them more explicit.
Section 230.33. Welded Repairs and Alterations (New)
This section, as proposed, would restrict, and therefore control,
the welding which occurs on both unstayed and stayed portions of the
locomotive boiler. Subsection (a) would require the locomotive owner
and/or operator to obtain prior written approval of the FRA Regional
Administrator before performing any welding on unstayed portions of
boilers containing alloy steel, or carbon steel with a carbon content
greater than .25 percent. It also would require that any welding so
approved be conducted in accordance with an accepted national standard
for boiler repairs. See section IX(D)(1), above, for a discussion of
this standard.
In subsection (b) of this section, it is proposed that locomotive
owners and/or operators perform welding to unstayed portions of boilers
containing carbon steel not exceeding .25 percent carbon in accordance
with an accepted national standard for boiler repairs. Both subsections
(a) and (b) would require the locomotive owner and/or operator to file
an FRA Form 19, Report of Welded Repair, as discussed in section
230.20.
In subsection (c) of this section, it is proposed that the
locomotive owner and/or operator be restricted in the use of weld build
up for wasted areas of unstayed surfaces of the boiler. This proposed
restriction would require that the locomotive owner and/or operator
submit a written request for approval to the Regional Administrator to
build up by weld wasted areas that exceed: (1) a total of 100 square
inches; or (2) the smaller of either 25% of the minimum required wall
thickness or \1/2\ of an inch. This subsection would also prohibit the
use of weld build up for wasted sheets that have been reduced to less
than 60 percent of the minimum required thickness required by these
rules.
Subsection (d) of this section, proposes to restrict the
installation of flush patches of any size on unstayed portions of the
boiler without the locomotive owner and/or operator submitting a
written request for prior approval to the FRA Regional Administrator.
Finally, subsection (e) would propose allowing locomotive owners
and/or operators to perform welded repairs or alteration on stayed
portions of the boiler in accordance with established railroad
practices, or an accepted national standard for boiler repairs. The
task force wanted to recognize the fact that many operations use their
own welding procedures on stayed portions of the boiler, and do so
successfully. The task force therefore recommended that the locomotive
owner and/or operator be allowed to use established ``railroad
practices'' as an acceptable standard for conducting welding on stayed
portions of the boiler.
As discussed earlier in the preamble, FRA has grave concerns about
the quality of the welding being done on locomotive boilers. With these
proposed changes, the agency feels comfortable that it is establishing
standards that will improve safety while allowing operators the
flexibility critical to their business survival by allowing them to
make necessary repairs without incurring unnecessary costs.
Section 230.34. Riveted Repairs and Alterations (New)
This section, as proposed, would restrict, and therefore control,
the riveting which occurs on both unstayed and stayed portions of the
locomotive boiler. In subsection (a) the proposal would require the
locomotive owner and/or operator to submit a request for prior written
approval to the FRA Regional Administrator before making any riveted
alterations to unstayed portions of the boiler, and to make any
approved riveting in accordance with established railroad practices, or
an accepted national standard for boiler repairs. See the analysis for
section 230.29, above, for a discussion of these repair standards. This
subsection also would require the locomotive owner and/or operator to
satisfy, at this time, the reporting requirements proposed in section
230.20.
In subsections (b) and (c) of this section, the agency is proposing
to establish guidelines for the conduct of riveting on locomotive
boilers by requiring that riveted repairs to both stayed and unstayed
portions of the boiler be made in accordance with established railroad
practices, or an accepted national standard for boiler repairs.
Pressure Testing of Boilers
Section 230.34. Pressure Testing (New)
This section, as proposed, would establish a minimum temperature
requirement for the application of any kind of pressure to locomotive
boilers. It would require that the temperature of locomotive boilers be
no less than 60 degrees Fahrenheit anytime the boiler is tested under
any type of pressure. This change would incorporate the NBIC
temperature standard and harmonize FRA standards with NBIC standards,
which the task force wanted and FRA supports.
Section 230.36. Hydrostatic Testing of Boilers
This section, as proposed, would consolidate all 1978 standards
relating to the hydrostatic testing of boilers. This section would not
substantively change the parameters of section 230.17 of the 1978
standards, which merely stipulates the time of testing and the pressure
at which the boiler must be tested, but it would impose an additional
requirement that the boiler temperature be raised to between 60 and 120
degrees Fahrenheit each time the boiler is subjected to any hydrostatic
pressure. This proposed change would incorporate the NBIC standard for
hydrostatic testing into the federal regulations for steam locomotive
inspection.
In its consideration of these issues, the task force was divided
about the purpose of the hydrostatic test, and the concomitant pressure
at which the test should be conducted. Many operators believed that the
purpose of the hydrostatic test is merely to test the boiler for
leaks--not to see if the boiler is structurally unsound at the time of
the test. To them, therefore, testing the boiler at the maximum allowed
working pressure (MAWP ) (as calculated in the FRA Form No. 4) would
serve the requisite safety function of disclosing such leaks without
unnecessarily stressing (and prematurely destroying) the boiler. Many
in the agency, however, felt strongly that the purpose of the
hydrostatic test is to test the boiler's integrity--to disclose
weaknesses in the structure of the boiler that have not yet developed
into defects. They also felt strongly that there was no data presented
that would convince them that testing the boiler at MAWP, as specified
on the FRA Form No. 4, would provide an equivalent level of safety.
Because the parties could not reach a consensus on this provision, the
agency is not proposing any changes to this language and is proposing
to leave the required pressure at 25% above MAWP, as specified on the
FRA Form No. 4.
Section 230.37. Steam Test Following Repairs or Alterations
This section, as proposed, would substantially rewrite, largely
without substantive change, section 230.20 of the 1978 standards to
achieve greater clarity. The one substantive change being proposed
would change the pressure required for the conduct of the steam test
from ``not less than the allowed working pressure'' to ``between 95%
and 100% of the MAWP.'' The task force decided that imposing a lower
[[Page 51417]]
pressure limit would reduce the stress on the boiler without an
accompanying reduction in safety--that 95 to 100 percent of MAWP would
be adequate to disclose unsatisfactory conditions in the locomotive
boiler.
Staybolts
Section 230.38. Telltale Holes
This section, as proposed, would consolidate 1978 standards'
telltale hole provisions, sections 230.23 and 230.26, and the ``reduced
body'' staybolt section from the ICC Interpretations in one section. As
proposed, subsection (a) would retain section 230.26 of the 1978
standards but would delete, as moot, the application date. Proposed
subsection (b) is a new provision created to import the ICC
interpretation for reduced body staybolts to Part 230. Finally,
proposed subsection (c) is derived from section 230.23 of the 1978
standards and would create a stand alone provision for clarity and to
emphasize that telltale holes must be kept open at all times, except as
required in section 230.41, which, as proposed, requires the telltale
holes of drilled flexible staybolts to be closed with a fireproof
porous material that will keep the telltale holes free of foreign
matter.
Section 230.39. Broken Staybolts
This section, as proposed, would modify section 230.25 of the 1978
standards. Subsection (a), as proposed, would establish the maximum
number of broken staybolts allowed for each locomotive boiler.
Currently, section 230.25 of the 1978 standards require that a boiler
be taken out of service when it develops two (2) broken or plugged
staybolts adjacent to one another in any part of the firebox or
combustion chamber, when three (3) or more are broken or plugged in a
circle four (4) feet in diameter, and when five (5) or more are broken
or plugged in the entire boiler. This section, as proposed, would
change this standard by requiring that a boiler be taken out of service
when it develops either two (2) broken staybolts within twenty-four
(24) inches of each other, as measured inside the firebox or combustion
chamber on a straight line, or more than four (4) broken staybolts
within the entire firebox and combustion chamber combined.
The NBIC requires boilers with one broken staybolt to be taken out
of service and repaired. While the task force wanted to harmonize these
proposed standards with the NBIC, they recommended to the agency that
this proposal allow for a second broken staybolt within twenty-four
(24) inches to accommodate the operational difficulties involved in
immediately taking a boiler out of service when one staybolt breaks.
Because prolonged exposure in a slowly progressive fail mode turns
exponential as additional staybolts break, and to minimize the overload
on staybolts in the area of the one which has broken, the task force
also recommended that staybolts adjacent to those that break be
inspected at the time the broken staybolt is replaced. As proposed,
this section includes that recommendation.
Subsection (b), as proposed, would require broken staybolts
detected during the 31 service day inspection to be replaced at that
time, and broke staybolts detected between 31 service day inspections
to be replaced no later than 30 days from the date of detection. The
task force determined that a strict time period was required to ensure
an adequate measure of safety, but wanted to recognize operational
realities that might prevent owners and/or operators from repairing
broken staybolts immediately. This proposal reflects the task force
consensus that 30 days would be a reasonable period of time within
which to make the necessary repairs to the boiler. It would allow
owners and/or operators to plan when, within a 30-day time period, they
wanted to take the locomotive out of service and replace the broken
bolts. This subsection also would require, consistent with the task
force's recommendation, that the locomotive owner and/or operator
replace broken staybolts eight (8) inches in length or less with
staybolts drilled with telltale holes three-sixteenths (\3/16\) to
seven thirty-seconds (\7/32\) inch in diameter and not less than one
and one quarter (1\1/4\) inches deep in each end, or that have holes
three-sixteenths (\3/16\) to seven thirty-seconds (\7/32\) inch in
diameter their entire length. This expresses the task force's belief
that drilled bolts are useful in revealing progressive failures before
they reach catastrophic proportions.
Subsection (c), as proposed, would import from the ICC
Interpretations the definition of ``broken'' staybolts as those that
are leaking, plugged, or missing, in the interest of consolidating and
centralizing all current steam locomotive requirements.
Finally, subsection (d), would prohibit welding, forging or
riveting broken staybolt ends as a means of closing telltale holes. The
ICC Interpretations state that telltale holes that are leaking,
plugged, riveted over, or missing, will be counted as broken staybolts.
This proposal would impose a stricter standard for broken staybolts,
which the task force believed was desirable.
Sec. 230.40. Time and Method of Staybolt Testing
This section, as proposed, would consolidate the requirements for
staybolt testing from sections 230.21, 230.22, 230.24 of the 1978
standards and the ICC Interpretations addressing the same. Because the
1978 standards do not treat rigid staybolts and flexible staybolts
without caps differently, this section, as proposed, consolidates these
requirements into ``staybolt testing'' general requirements. Since the
testing requirements being proposed for flexible staybolts with caps,
however, remain distinct, the agency is proposed to exclude them from
this consolidation.
Currently, section 230.21 of the 1978 standards requires that
staybolts be tested once a month and immediately after every
hydrostatic test. In subsection (a), the agency is proposing to relax
this requirement slightly by allowing the monthly inspection to be
conducted once each thirty-one (31) service days, consistent with the
more comprehensive changes contemplated for the inspection scheme in
this Part. The 1978 requirement that the test be conducted following
each hydrostatic test would be the same, but is more clearly explained
in this new section. In addition, subsection (1) of subsection (a)
would create an allowance for inaccessible staybolts that are drilled
through their entire length. Under this allowance, any such impediments
making the staybolts inaccessible (brickwork, grate bearers, etc.) need
not be removed to hammer test the staybolts. The group concurred that
since the through-drilled staybolt would begin to leak if it broke,
safety would not be sacrificed by granting owners and/or operators a
measure of flexibility in the testing of such staybolts.
Subsection (b), as proposed, is a general section that spells out
the requirements for testing all forms of staybolts. The task force
tried to combine all the different ``method of testing'' provisions
from the 1978 standards (sections 230.21-230.27). The result was
subsection (b) of this section. The proposed requirement that there
must be ``not less than 95 percent of the MAWP'' applied if staybolts
are tested while the boiler contains water is a new one and reflects
the task force's consensus view.
Sec. 230.41. Flexible Staybolts With Caps
This section, as proposed, would rewrite section 230.23 of the 1978
standards for clarity, while imposing a few new requirements.
[[Page 51418]]
Subsection (a), as proposed, would extend the current timetable for
removing the caps and inspecting, flexible staybolts from every two (2)
years to every 5th annual inspection, consistent with the comprehensive
changes contemplated to the inspection scheme for this part. This
proposal reflects the task force's consensus view that this would
provide owners and/or operators additional flexibility without
compromising the desired level of safety.
Subsection (b), as proposed, has merely been rewritten for clarity
and to eliminate superfluous information. Subsections (c) and (d),
likewise, would impose no substantive changes but, instead, would
rewrite section 230.23 of the 1978 standards for clarity, either
deleting text as repetitive, or moving it to other, more relevant,
sections. For example, the 1978 requirement that the FRA Form No. 3 be
kept in the railroad company's office would be relocated (and slightly
modified) to the recordkeeping section of this proposal, section
230.19.
Steam Gauges
Section 230.42. Location of Gauges
This section, as proposed, would rewrite section 230.28 of the 1978
standards for clarity, but would not effect any substantive changes to
that section.
Section 230.43. Gauge Siphon
This section, as proposed, would rewrite section 230.29 of the 1978
standards for clarity, but would not effect any substantive changes to
that section.
Section 230.44. Time of Testing
This section, as proposed, would modify the requirements of section
230.30 of the 1978 standards in order to address the operational
realities presented by the mobility of the gauges. In today's industry,
it is common practice for owners and/or operators to remove gauges from
the locomotive to prevent them from being stolen or vandalized.
Sometimes the removed gauges are stored in conditions that allow for
them to be jostled around, which affects their calibration and
accuracy. Accordingly, as proposed, this section would require that the
gauges be tested prior to being installed or reapplied. In addition,
this provision would extend the time period for testing gauges from
once ever three months to the 92 service day inspection, consistent
with the more comprehensive changes contemplated for the inspection
scheme in this part. Finally, as recommended by the task force, the
proposed rule retain the requirement in section 230.30 of the 1978
standards that gauges be tested whenever any irregularity is reported.
Section 230.45. Method of Testing
This section, as proposed, would more completely describe the
method for testing gages, but would not effect a substantive change.
Section 230.46. Badge Plates
This section, as proposed, would retain section 230.32 of the 1978
standards but would correct its use of incorrect terminology. The term
``boiler head'' is being proposed to be changed to the more correct
term ``boiler backhead.''
Section 230.47. Boiler Number
This section, as proposed, would retain section 230.33 of the 1978
standards but would rewrite that section for clarity and to consolidate
it with the ICC Interpretations.
Safety Relief Valves
Section 230.48. Number and Capacity
This section, as proposed, would retain the requirements for the
number and capacity of locomotive safety relief valves in section
230.34 of the 1978 standards, with two changes. Subsection (a), as
proposed, would increase the relieving tolerance from five (5) to six
(6) percent above the MAWP. The task force recommended that the rule be
modernized to reflect modern testing practice, which uses six percent.
That figure is derived from the addition of the manufacturer's
tolerance for the safety valve itself (three (3) percent) and the
industry standard from the ASME 1952 Code for the testing tolerance for
safety valves (an additional three (3) percent). This subsection would
also make explicit the FRA inspector's right to require proof of the
relieving capacity for safety relief valves on steam locomotives.
Subsection (b) of this section, as proposed, would make explicit
the requirement that additional capacity be provided if the capacity
testing demonstrates the need to do so. In addition, this section
acknowledges the use of the accumulation test as a method for testing
safety valve capacity. By including this acknowledgment, the agency
does not intend to state its preference for the use of accumulation
tests in determining safety relief valve capacity.
Section 230.49. Setting of Safety Relief Valves
In this section, the agency is proposing several changes to the
requirements for setting safety relief valves contained in section
230.35 of the 1978 standards. First, this section, as proposed, would
impose a new requirement that the individual responsible for setting
the safety relief valves be ``thoroughly familiar with the construction
and operation of the valve being set.'' This competency requirement was
added because the group recognized that modern safety valves have
seals, the security of which is certified by certain organizations, but
they did not want to officially require that the valves be reset by
state officials. This language would create a performance standard--one
that would require that those people resetting safety valves be
thoroughly familiar with their construction and operation.
Next, this section, as proposed, would change the ``opening
pressures'' for safety relief valves contained in section 230.35 of the
1978 standards by requiring that at least one of the two required
safety-relief valves open at a pressure that is no greater than the
MAWP. This proposal changes the 1978 provision, which requires that
both valves be set to open at pressures not exceeding 6 pounds above
working pressure (MAWP). This reflects the task force consensus that
requiring one of the two safety valves to set to open at pressures not
greater than MAWP would achieve a greater level of safety. This section
would retain, however, the 6 psi upper limit contained in section
230.35 of the 1978 standards for any additional safety valves utilized.
This section, as proposed, would retain the procedures for setting
safety valves, contained in section 230.35 of the 1978 standards,
without substantive change. This proposal would change the requirement
for the water level to be ``not above the highest gauge cock'' to the
equivalent requirement that it not be ``higher than \3/4\ of the length
of the visible water glass, as measured from the bottom of the glass,''
consistent with this document's proposed changes to section 230.37. See
the analysis for section 230.51, below.
Finally, this section, as proposed, would create a new requirement
that the lowest set safety relief valve pressure be indicated on a tag
or label and attached to the steam gauge so that it may clearly be read
while observing the gauge. This would present a physical reminder for
the locomotive engineer, or other crew members, of the pressure to
which the safety relief valve is set so that valve failure might be
more easily detected.
Section 230.50. Time of Testing
This section, as proposed, would retain the requirements of section
[[Page 51419]]
230.36 of the 1978 standards without change, except for the increase of
the inspection time period, from three months, to ninety-two (92)
service days to comport with the more comprehensive changes for the
inspection scheme contemplated in the part.
Water Glasses and Gauge Cocks
Section 230.51. Number and Location
This section, as proposed, would change the requirements for water
level indicating devices contained in section 230.37 of the 1978
standards to require that steam locomotive boilers be equipped with at
least two water glasses, the lowest reading for which must be at least
3 inches above the highest part of the crown sheet. This section would
not prohibit the use of gauge cocks, but it simply would no longer
require it. It would require, however, that any gauge cocks installed
on a steam locomotive boiler be properly maintained and located. These
changes reflect the task force's recommendation that water level
indicator standards be modernized. They expressed the view that water
glasses are more reliable than gauge cocks, and easier to use since
they do not require manual operation. They also expressed the belief
that few operators know how to correctly manually operate gauge cocks
anymore. The task force also felt that gauge cocks screwed directly
into the backhead are more likely to provide highly inaccurate readings
due to the phenomenon where the water rushes against the boiler
backhead and creates a surge effect, generating a reading that is
artificially high. This requirement would comport with the NTSB's
recommendations following its investigation into the boiler explosion
involving the Gettysburg Railroad Company, which included a
recommendation that boilers be equipped with a second water glass, and
with ASME standards, which no longer require that newly constructed
boilers be equipped with gauge cocks.
The group was aware of the costs such a change would impose upon
owners and/or operators. They discussed, at length, the extra cost this
requirement would impose upon owners and/or operators, but concluded
that the extra safety measure afforded would well outweigh this
imposition. In addition, one member of the group pointed out that gauge
cocks are no longer being manufactured, which makes their replacement
extremely costly. The task force was also concerned that owners and/or
operators have sufficient time to make any necessary changes to their
locomotive boilers. Accordingly, this proposal reflects the task
force's belief that by delaying the implementation of this provision by
one year all parties would have enough notice, and enough
implementation time, to add the second water glass.
Section 230.52. Water Glass Valves
This section, as proposed, would rewrite section 230.38 of the 1978
standards to emphasize the functions the valves are designed to
fulfill, and for clarity.
Section 230.53. Time of Cleaning
This section, as proposed, would require that water glass valve and
gauge cock spindles be cleaned at every 31 service day inspection, and
whenever testing indicates that the apparatus is malfunctioning. This
change would relax the time period within which this inspection must
occur, consistent with the more comprehensive changes contemplated for
the inspection scheme discussed earlier. It also would add a
performance standard for owners and/or operators to follow, requiring
them to clean the spindles when they have indications that water
glasses or gauge cocks are not functioning properly.
Section 230.54. Testing and Maintenance
This section, as proposed, would rewrite Section 230.40 of the 1978
standards for clarity and to emphasize the purpose for the water glass
testing requirement.
Section 230.55. Tubular Type Water and Lubricator Glasses and Shields
As proposed, this section would modify section 230.41 of the 1978
standards to require that tubular type water glasses be renewed at each
92-service day inspection, and to require that water glasses be
situated to provide the engine crew an unobstructed view from their
proper positions in the locomotive cab.
This proposal reflects the task force's view, based on their
collective experience, that water tubes get thin and develop a risk of
breaking after approximately 90 service days. The proposed water glass
placement requirements are included here to complement, and give effect
to, the proposed changes in section 230.51.
Section 230.56. Water Glass Lamps
This section retains section 230.42 of the 1978 standards without
change, consistent with the task force's recommendation.
Injectors, Feedwater Pumps, and Flue Plugs
Section 230.57. Injectors and Feedwater Pumps
As proposed, subsection (b) of this section would retain section
230.43 of the 1978 standards, and subsections (a) and (c) are new.
Subsection (a), as proposed, would require that the locomotive be
equipped with at least two means of delivering water to the boiler, and
would establish, as a minimum, that one of those two means be a live
steam injector. Subsection (b), as proposed, would incorporate language
from the ICC Interpretations which requires bracing to ``avoid''
vibration. The group decided to change ``avoid'' to ``minimize''
because they felt it was a more realistic standard.
Section 230.58. Flue Plugs
This section, as proposed, would strengthen the rules for plugging
flues contained in section 230.44 of the 1978 standards. When this
section was originally created by the ICC, it was designed to
accommodate the locomotive owner and/or operator's business concerns by
allowing them to plug their flues in order to continue in operation
until the nearest repair point where the flue could be repaired or
replaced. The task force decided to recommend the retention of that
concept, to still allow flue plugging, but to recommend the restriction
of the manner that flues are allowed to be plugged in order to improve
the safety quotient for flue failures.
The task force was concerned that a failed flue was usually a
harbinger of additional flue failures since flues are typically
replaced all at once, and are exposed to similar stressors which might
cause failure. Accordingly, as proposed, this section would only allow
one flue to be plugged at any time, and would require that the flue be
repaired or replaced within 30 calender days. In addition, the group
wanted to distinguish between flues greater than 2\1/4\'' in OD and
flues equal to or smaller than 2\1/4\'' in OD, and to prohibit the
plugging of the latter. Subsection (b) of this section, as proposed, is
largely derived from section 230.44 of the 1978 standards except that
it would change that section's implied allowance of plugging flues at
one end only, requiring that flues be plugged at both ends. The task
force felt that plugging the flue at one end was inconsistent with the
function plugging is designed to accomplish.
[[Page 51420]]
Fusible Plugs
Section 230.59. Fusible Plugs
This section, as proposed, would retain section 230.14 of the 1978
standards and would impose no new inspection requirements for steam
locomotives on locomotive owners and/or operators. Consistent with the
more comprehensive changes contemplated for the inspection scheme in
Part 230, it would relax the time frame within which fusible plugs must
be removed, and cleaned, and their removal reported on the report of
inspection.
Washing Boilers
Section 230.60. Time of Washing
This section, as proposed, would retain the concepts of section
230.45 of the 1978 standards and would impose no new inspection
requirements for steam locomotives on locomotive owners and/or
operators, consistent with the more comprehensive changes contemplated
for the inspection scheme in Part 230. It would relax the time frame
within which all boilers must be washed from once each month to once
each 31-service days.
In its review of the Gettysburg steam explosion, the NTSB
recommended that the agency consider regulating water quality,
specifically by imposing water treatment program requirements. The task
force strenuously debated this topic and concluded the boiler wash
itself was the best method for addressing water quality, especially
since the regulation currently requires, and would similarly require as
proposed, that the boiler be washed as frequently as water conditions
require. This proposal gives effect to the task force's recommendation
on this subject.
Section 230.61. Arch Tubes, Water Bar Tubes, Circulators and Thermic
Siphons
This section, as proposed, would expand the requirements of section
230.46 of the 1978 standards by requiring, in addition to their mere
removal, the cleaning and inspection of arch tubes and water bar tubes
each time the boiler is washed. In addition, this section proposes the
addition of condemning limits for arch tubes and water bar tubes. Both
of these proposals are derived from the ICC Interpretations and reflect
the task force's desire to incorporate the Interpretations into this
part.
Finally, this section would require NDE evaluation of arch tubes,
water bar tubes and circulators during the annual inspection in order
to assess reduced wall thickness. The task force was concerned about
the cost this would impose, and debated whether this requirement would
prove too onerous for smaller operations. They concluded, however, that
ultrasonic testing was affordable and that the safety levels assured by
requiring this testing were worth the imposition of the cost.
Steam Pipes
Section 230.62. (NEW) Dry Pipe
This section would require locomotive owners and/or operators to
inspect dry pipes that are subject to pressure during each annual
inspection for the purpose of measuring the pipe wall thickness. It
would establish a performance standard for owners and/or operators to
remove from service pipes that are no longer ``suitable for the service
intended.''
Section 230.63. Smoke Box, Steam Pipes and Pressure Parts (New)
This section would require locomotive owners and/or operators to
inspect the smoke box, steam pipes and pressure parts at each annual
inspection, or whenever conditions warrant, by entering the smoke box
and examining it for signs of leaks from any of its pressure parts, as
well as by examining all draft appliances.
Steam Leaks
Section 230.64. Leaks Under Lagging
This section, as proposed, would retain the concepts of section
230.49 of the 1978 standards without substantive change, but would
rewrite them for clarity.
Section 230.65. Steam Blocking View of Engine Crew
This section, as proposed, would retain the concepts of section
230.50 of the 1978 standards without substantive change, but would
rewrite them for clarity.
Subpart C--Steam Locomotives and Tenders
Section 230.66. Design, Construction and Maintenance
This section, as proposed, would retain section 230.101 of the 1978
standards without substantive change other than that necessary to
reflect the proposed changed liability standard; see section IX(A).
Section 230.67. Responsibility for Inspection and Repairs
This section, as proposed, would change section 230.102 of the 1978
standards by making the locomotive owner and/or operator, not the
mechanical officer, the party responsible for the inspection and repair
of all locomotives and tenders under their control. In addition, this
section would parallel proposed section 230.23 by delineating the
standard for repairs and by requiring that the locomotive not be
returned to service unless they are in good condition and safe and
suitable for service.
Speed Indicators
Section 230.68. Speed Indicators (New)
This section would require all locomotives that operate at speeds
in excess of 20 mph over the general system of transportation to be
equipped with speed indicators, consistent with the requirements in
Part 229 for non-steam locomotives. Likewise, this section would
require these indicators to be maintained to ensure proper functioning.
The task force discussed, and wanted to address, the interplay between
this part and Part 240's engineer certification standards. Because
locomotive engineers may be decertified for speeding, the task force
felt that locomotives operating more than 20 mph, consistent with the
standards in Part 229, should be equipped with speed indicators.
Ash Pans
Section 230.69. Ash Pans
This section, as proposed, would retain section 230.105 of the 1978
standards without substantive effect, but would rewrite it for clarity.
Brake and Signal Equipment
Section 230.70. Safe Condition
This section, as proposed, would retain section 230.106 of the 1978
standards without substantive effect, but would reorganize and rewrite
it for clarity.
Section 230.71. Orifice Testing of Compressors
This section, as proposed, would retain section 230.107 of the 1978
standards without substantive effect, but would reorganize and rewrite
it for clarity. In addition, it would, consistent with the more
comprehensive changes contemplated for the inspection scheme in Part
230, relax the time frame within which compressors must be orifice-
tested from once each three months, to once each 92-service days.
Finally, it would expand the table listing the testing criteria to
include a 120 LP Westinghouse compressor, which is frequently used.
Section 230.72. Testing Main Reservoirs
Subsection (a) of this section, as proposed, would retain the
concepts in Section 230.108 of the 1978 standard's
[[Page 51421]]
but would rewrite them for clarity. Subsections (b) through (d) of this
section are new. Subsection (b), as proposed, would incorporate Part
229's allowance for drilling of welded main reservoirs. The group felt
that drilling was a good idea because it facilitates reservoir failures
in a non-catastrophic manner. This section is largely derived from
section 229.31 and reflects the task force's desire to harmonize these
sections. Subsection (c), as proposed, would encourage the use of
appropriate NDE methods for testing the wall thickness of the welded
main reservoirs. It would allow welded main reservoirs without
longitudinal lap seams to be NDE tested instead of the more destructive
hammer and hydrostatic testing otherwise required. The formula for the
condemning limits for welded main reservoirs is derived from the ASME
Section VIII, Div I. The spacing for the sampling points is derived
from section 229.31.
Finally, subsection (d), as proposed, would require NDE testing for
welded or riveted longitudinal lap seam main reservoirs. While the task
force seriously debated recommending that the use of lap seam main
reservoirs be prohibited, they felt that they didn't have a strong
enough safety basis for justifying this action. They felt that lap seam
main reservoirs would eventually be phased out for economic reasons.
Section 230.73. Air Gauges
This section, as proposed, would retain section 230.109 of the 1978
standards, with minor substantive changes, but would reorganize and
rewrite it for clarity. As part of the more comprehensive changes
contemplated for the inspection scheme in Part 230, it would relax the
time frame for air gauge testing from once each 3 months to the 92
service day inspection. It also would add the requirement that gauges
be tested prior to reapplication following removal. The task force
recommended that gauges that are removed be retested because they were
concerned about the jostling of the gauges that may occur during the
time that they are off the locomotive, requiring recalibration before
being reapplied. The method of testing required by this section would
remain the same as that in section 230.109 of the 1978 standards.
Section 230.74. Time of Cleaning
This section, as proposed, would modify Section 230.110 of the 1978
standard's by broadening the scope of the section to all valves in the
air brake system, by specifying a testing procedure, and by relaxing
the time frame for conducting the inspection. The task force
recommended harmonizing this section, to the largest extent possible,
with section 232.10. Many industry members on the task force were
concerned about requiring this cleaning too frequently because, in
their collective experience, the cleaning process itself disturbs the
proper functioning of the valves--once you open the system to clean the
valves, dirt gets moved around inside and affects the rest of the
system, ruining it. While the task force discussed the testing
intervals, from the 1978 standard's six months to a proposed once each
fifth annual, they ultimately concluded that the appropriate time
period for this cleaning was at least once every 368 service days, but
no more than during every second annual inspection.
Section 230.75. Stenciling Dates of Tests and Cleaning
This section, as proposed, would retain section 230.111 of the 1978
standards but would rewrite it for clarification and to eliminate the
requirement that testing dates be stamped on metal tags and attached to
the locomotive.
Section 230.76. Piston Travel
This section, as proposed, would retain section 230.112 of the 1978
standards without substantive change.
Section 230.77. Foundation Brake Gear
This section, as proposed, would retain section 230.113 of the 1978
standards without substantive change.
Section 230.78. Leakage
This section, as proposed, would retain section 230.l14 of the 1978
standards without substantive change, but would identify specific
inspection time periods and requirements in the rule text.
Section 230.79. Train Signal System
This section, as proposed, would retain section 230.115 of the 1978
standards with minor changes. It would recognize other forms of
``onboard communication'' and would relax the train signal system
testing requirements from before each trip made, to the beginning of
each day the locomotive is used.
Cabs, Warning Signals, and Sanders
Section 230.80. Cabs
This section, as proposed, would change Section 230.116 of the 1978
standard's by removing all the cab curtain requirements and rewriting
the standards for clarity. Subsection (a) of this proposed section
would incorporate the general provision section of the 1978 standard's,
while updating the requirements to parallel Part 229's cab condition
language. The task force discussed the language relating to the cab
climate at length and agreed to try and draft a performance standard
for the cab, rather than select temperature ranges and specific
environment controls. The task force also decided to delete all the cab
curtain requirements because they believed that the curtains don't
adequately keep temperature in the proper range, and that the
performance standard in subsection (a) was a better way to achieve the
desired outcome.
This section's requirement that the environment not ``unreasonably
interfere with the engine crew's performance of duties under ordinary
conditions of service'' would establish the performance standard the
cab climate must satisfy--therefore, a cab with poor ventilation which
gets so hot that the engineer begins to lose consciousness, or to get
sleepy, would be in noncompliance with this section. The ``ordinary
conditions of service'' language, however, would recognize the type of
conditions that are unavoidable in steam locomotive service, such as
extreme amounts of heat from the locomotive boiler fire box. The task
force wanted to make clear that only cab conditions that were
``abnormal'' for steam locomotive service would constitute
noncompliance with this section. The group wanted to move toward a
``common sense'' perspective on cab conditions which would
simultaneously be enforceable, and yet not unreasonably interfere with
steam locomotive operations by using ``comfort'' as the delimiting
factor since most steam locomotive service, by nature, is uncomfortable
for the engineer.
Subsection (b) of the proposed section, addressing steam pipes,
would retain the Section 230.116 of the 1978 standard's but would make
more specific the ``double strength pipe'' description. The task force
recommended that, at a minimum, the pipe be ``schedule 80'' to
recognize what is more common industry verbiage/terminology.
All other subsections of section 230.116 of the 1978 standard's
would be deleted as unnecessary.
Section 230.81. Cab Aprons
This section, as proposed, would expand the requirements of section
230.117 of the 1978 standards by delineating standards for the width of
the apron. The group wanted to incorporate the ICC Interpretations
regarding apron width that address
[[Page 51422]]
individuals standing on the cab apron having their foot crushed when
the locomotive goes around a curve, or individuals standing on the
apron falling between the locomotive and tender when the safety chains
are taut or the drawbar disconnected.
Section 230.82. Fire Doors and Mechanical Stokers
This section, as proposed, would eliminate the requirement
contained in section 230.118 of the 1978 standards that all locomotives
have mechanically operated fire doors. The task force decided to do so
because some smaller locomotives are incapable, by design, of having
them. The task force considered making the mechanically operated fire
door requirement contingent upon the weight of the locomotive, and the
agency is requesting comments on that idea; whether this section
should, for example, require that locomotives over 100,000 pounds be
equipped with mechanically operated fire doors.
In addition, the task force recommended the removal of subsections
(b) and (c) of section 230.118 of the 1978 standards, relating to
stokers.
Section 230.83. Cylinder Cocks
This section, as proposed, would retain section 230.119 of the 1978
standards without substantive change, but would rewrite it for clarity.
Section 230.84. Sanders
This section, as proposed, would retain section 230.120 of the 1978
standards without substantive change, but would rewrite it for clarity.
Consistent with the changes to the pre-departure inspection concept
contemplated by this part, the inspection time period has been relaxed
from each trip to the beginning of each day the locomotive is used.
Section 230.85. Audible Warning Device
This section, as proposed, would modernize section 230.121 of the
1978 standards by replacing its whistle requirement with a requirement
that steam locomotives be equipped with audible warning devices. The
decibel thresholds and the methodology for measuring the sound level
are directly derived from section 229.129, which requires audible
warning devices for locomotives other than steam locomotives.
Lights
Section 230.86. Required Illumination
This section, as proposed, would retain Section 230.129 and 230.131
of the 1978 standards, but would consolidate and rewrite them for
clarity. In addition, this section would eliminate the distinction in
the 1978 standards for locomotives in yard and road service, consistent
with the task force's recommendation, since any justification for
treating them differently disappeared as the nature of steam locomotive
operations changed.
Section 230.87. Cab Lights
This section, as proposed, would retain section 230.132 of the 1978
standards without substantive change, other than to extend this section
to all locomotives, instead of merely those used between sunset and
sunrise. The task force felt that this imposed no hardship upon
locomotive owners and/or operators, and would address operating
circumstances that could occur during ``daylight'' hours, but which
might require being able to see control instruments, or to read
timetables within the cab.
Throttle and Reversing Gear
Section 230.88. Throttles
This section, as proposed, would retain section 230.156 of the 1978
standards, without substantive change.
Section 230.89. Reverse Gear
This section, as proposed, would retain section 230.157 of the 1978
standards but would reorganize and rewrite it for clarity. The proposed
subsection (a) would retain the general language that appears before
subsection (a) verbatim. This section would not retain subsections (a)
and (b) of the 1978 standards because the task force believed that many
locomotives in service do not have power-operated reverse gear and have
suffered no ill-consequences. In addition, the view was expressed that
power-reverse gear can be dangerous as well. The group considered
attaching a weight restriction to this requirement, but concluded that
the problem would be self-regulating since it would be impractical to
move certain locomotives with manual reverse operating gear. The
proposed subsections (b) and (c) are derived from subsection (c) of the
1978 standards.
Draw Gear and Draft Systems
Section 230.90. Draw Gear Between Steam Locomotive and Tender
Subsection (a) of this section, as proposed, would retain most of
the requirements of subsection (a) of section 230.122 of the 1978
standards, except it proposes requiring NDE testing of draw pins and
the drawbar during every annual inspection. This section also would
require the use of an additional NDE testing method where visual
inspection does not disclose any defects. The task force wanted to
accommodate the industry's business concerns about conducting this test
too frequently, and recommended requiring the use of better technology
as the trade-off for extending the inspection time-period from three
months to one year. This proposal reflects that recommendation.
Subsection (b) of this section, as proposed, would modify the 1978
standards' requirements for safety bars or chains and their relative
strength. The industry task force members disagreed with the 1978
standards' ``two or more safety bars or safety chains'' language,
arguing that some locomotives are designed with one (1) safety bar. The
consensus was that the old rule was addressing smaller draw bars that
could take the place of safety chains, and not the double drawbar
design where two bars are on the same pins with one pin bearing no load
in normal use. The bar with no load is the safety bar. In addition,
this section would incorporate the ICC interpretation of the 1978
standard's ``ample strength'' to require the combined strength of
safety chains or bars and their fastenings to be at least 50 percent of
the strength of the drawbar and its connections.
Subsections (c), (d), and (e) would retain the subsections (c),
(d), and (e) of section 230.122 of the 1978 standards without change.
Section 230.91. Chafing Irons
This section, as proposed, would retain section 230.123 of the 1978
standards without substantive change, but would rewrite it for clarity.
Section 230.92. Draw Gear and Draft Systems
This section, as proposed, would retain section 230.124 of the 1978
standards without substantive change, but would modify it to include
couplers, which were not previously addressed.
Driving Gear
Section 230.93. Pistons and Piston Rods
This section, as proposed, would retain section 230.127 of the 1978
standards but would revise it by eliminating the stamping requirement
for rods and by adding standards for fasteners. The task force debated
whether or not they wanted to retain a mechanism for tracing materials
and concluded that they did not want Part 230 to require it. The task
force discussed working on a ``recommended practices'' handbook for the
operators,
[[Page 51423]]
not related to this rule, and including traceability there.
Section 230.94. Crossheads
This section, as proposed, would retain section 230.125 of the 1978
standards without substantive change, but would rewrite it for clarity.
Section 230.95. Guides
This section, as proposed, would retain section 230.126 of the 1978
standards without substantive change.
Section 230.96. Main, Side, and Valve Motion Rods
Subsection (a) of this section, as proposed, would retain
subsection (a) of section 230.128 of the 1978 standards without
substantive change, but would rewrite it for clarity.
Subsection (b) of this section, as proposed, would change section
230.128 of the 1978 standards by expressly allowing welding of main,
side and valve motion rods subject to FRA approval of requests to do
so. The task force debated how to control the welding methodology and
concluded that requiring the welding in accordance with an accepted
national standard was the easiest and most thorough way to do so. The
task force concluded that this section should be harmonized with
section 230.33 of these proposed standards. See the analysis of welding
concerns in that section, which is identical to the task force's
discussion of this subsection.
Subsection (c) of this section, as proposed, would retain
subsection (c) of section 230.128 of the 1978 standards in its entirety
and, for clarity, would add a sentence to address floating bushings.
Subsection (d) of this section, as proposed, would retain
subsection (d) of section 230.128 of the 1978 standards without change.
Subsection (e) of this section, as proposed, would retain
subsection (e) of section 230.128 of the 1978 standards but would very
narrowly rewrite it for clarity.
Subsection (f) of this section, as proposed, would retain
subsection (f) of section 230.128 of the 1978 standards without change.
Subsection (g) of this section, as proposed, would retain
subsection (g) of section 230.128 of the 1978 standards without change.
This section, as proposed, would not retain subsections (h) and (I)
of section 230.128 of the 1978 standards, to reflect the removal
throughout this proposed rule of distinctions between road and yard
service. As discussed previously, the justification for treating these
types of service differently no longer exists.
Section 230.97. Crank Pins
Subsection (a) of this section, as proposed, would change section
230.136 of the 1978 standards by eliminating the stamping requirement,
consistent with section 230.92 of this proposal. The task force felt
very strongly that it is unnecessary to know, and to have stamped on
the pin, the application date.
This subsection also would expand the prohibition for shimming or
prick punching to include ``securing the fit of a loose crank pin by
shimming, prick punching, or welding.''
Subsection (b) of this section, as proposed, would retain the
subsection (b) of section 230.136 of the 1978 standards but would
change the word ``bolts'' to ``fasteners.'' This change is non-
substantive and reflects the acceptable use of other mechanisms as
fasteners.
Running Gear
Section 230.98. Driving, Trailing, And Engine Truck Axles
This section, as proposed, would retain section 230.133 of the 1978
standards with minor substantive change and would rewrite and
reorganize it for clarity. As proposed, this section would relax the
wear allowance on secondary driving axles. The task force decided to
make this change to harmonize the regulation with their operational
experience.
Section 230.99. Tender Truck Axles
This section, as proposed, would retain section 230.134 of the 1978
standards without substantive change.
Section 230.100. Defects in Tender Truck Axles and Journals
This section, as proposed, would retain section 230.135 of the 1978
standards without substantive change.
Section 230.101. Steam Locomotive Driving Journal Boxes
This section, as proposed, would retain section 230.137 of the 1978
standards without substantive change, but would reorganize and rewrite
it for clarity.
Section 230.102. Tender Plain Bearing Journal Boxes (New)
This section, as proposed, would impose condemning limits for plain
bearing journal boxes, consistent with the task force's recommendation
to do so. The task force collaborated and identified issues that might
affect the operational integrity/function of the journal.
Section 230.103. Tender Roller Bearing Journal Boxes (New)
This section, as proposed, would impose maintenance requirements
for tender roller bearing journal boxes, consistent with the task
force's recommendation to do so. The task force did not find it
necessary to impose specific condemning limits for roller bearing
journal boxes, believing that the performance standard ``safe and
suitable'' would suffice.
Section 230.104. Driving Box Shoes and Wedges
This section, as proposed, would retain section 230.138 of the 1978
standards without change.
Section 230.105. Lateral Motion
This section, as proposed, would retain section 230.140 of the 1978
standards without change.
Trucks and Frames and Equalizing System
Section 230.106. Steam Locomotive Frame
This section, as proposed, would retain section 230.139 of the 1978
standards but would modify it by adding a section which would allow
locomotive owners and/or operators to continue in existence locomotives
with broken frames that are properly patched or secured in a way to
restore the rigidity of the frame.
Section 230.107. Tender Frame and Body
This section, as proposed, would retain section 230.152 of the 1978
standards and would add a section that would contain condemning limits
for a tender frame, consistent with the task force's recommendation.
Section 230.108. Steam Locomotive Leading and Trailing Trucks
This section, as proposed, would retain section 230.143 of the 1978
standards but would modify it to require that all centering devices not
permit lost motion in excess of \1/2\ inch, consistent with the task
force's recommendation.
Section 230.109. Tender Truck
This section, as proposed, would retain section 230.155 of the 1978
standards but would modify it to establish condemning limits for
springs and to include truck centering devices.
Section 230.110. Pilots
This section, as proposed, would retain section 230.141 of the 1978
standards without change but would clarify that minimum and maximum
[[Page 51424]]
clearances of the pilot above the rail must be measured on tangent
level track.
Section 230.111. Spring Rigging
This section, as proposed would retain section 230.142 of the 1978
standards with minor modifications. This section would change the 1978
standards to allow the adjusting of load weights by shifting weights
from one pair of wheels to another, and to allow broken springs within
the condemning limits for spring rigging to be repaired by clipping,
provided the clips can be secured so as to stay in place.
Wheels and Tires
Sectopm 230.112. Wheels and Tires
This section, as proposed, would combine the 1978 standards of
Sections 230.144, 230.150, and 230.151 . Subsections (a), (b) and (c)
reflect section 230.144 with a few modifications. Subsection (a), as
proposed, would change ``pressed'' to ``mounted.'' This change was
recommended to acknowledge the process of shrinking wheels onto the
axle, which is not acknowledged by the use of the word ``pressed.''
Next, subsection (b), as proposed, would add a sentence to address gage
for track that is less than standard gage. The figures used were
derived from back to back measurement. The task force spent a fair
amount of time debating the inclusion of standards for ``wide-flange''
wheels, but concluded that they would wait to see if the industry
became more saturated with ``wide-flange'' wheels before addressing it.
This proposal reflects that recommendation. Finally, subsection (c)
would retain subsection (c) of section 230.144 of the 1978 standards
without change.
Subsections (d) and (e) new and are derived from sections 230.150
and 230.151 of the 1978 standards. Subsection (d) would retain section
230.151 of the 1978 standards without substantive change but would
rewrite it for clarity. Subsection (e) would combine the standards
embodied in section 230.150(d) and (e) of the 1978 standards but would
rewrite them for clarity.
Section 230.113. Wheels and Tire Defects
This section, as proposed, would combine sections 230.145, 230.146,
and 230.149 of the 1978 standards but would rewrite them to make the
standards more specific, to eliminate redundancies, and for clarity.
Section 230.114. Wheel Centers
This section, as proposed, would combine sections 230.147 and
230.148 of the 1978 standards but would rewrite them to make the
standards more specific and to address welding on wheel centers. The
task force recommended that welding on wheel centers be allowed in
accordance with section 229.75(m) of the 1978 standards. This proposal
reflects that recommendation.
Steam Locomotive Tanks
Section 230.115. Feed Water Tanks
This section, as proposed, would retain section 230.153 of the 1978
standards, largely without change, but would rewrite it for clarity.
Subsection (a) of this section would change section 230.153 of the 1978
rule by requiring that all locomotives, regardless of the date of their
manufacture or method of use, be equipped with a water level
measurement device capable of being read from the cab or tender deck of
the locomotive. The task force felt that this was capable of being
accomplished very cheaply and eliminated the need for locomotive
operators to climb atop the tender tank to check the water levels. In
addition, this section would extend the inspection time period for
inspecting feed water tanks from once each month to once each 92-
service days, consistent with the comprehensive changes to the
inspection scheme contemplated by this part.
Section 230.116. Oil Tanks
This section, as proposed, would retain section 230.154 of the 1978
standards without substantive change, but would rewrite it for clarity.
Appendices
FRA proposes to include at least five appendices to this rule. A
brief description for each is provided below.
Appendix A--FRA's Exercise of Jurisdiction Over Tourist and Historic
Railroads.
FRA proposes to include a statement of the agency's long standing
policy concerning the exercise of its broad authority to regulate
railroads. The policy statement is being included to help clarify the
extent to which it currently exercises its jurisdiction.
Appendix B--Inspection Requirements
FRA proposes to provide in this appendix a simple reference guide
for those who would be conducting the inspections required under these
regulations. It is not intended to modify the specific requirements
contained in any particular section.
Appendix C--FRA Inspection Forms
This appendix contains examples of the six forms being proposed by
FRA for recording compliance with the inspection and repair activities
contained in various sections of the proposed rule. Use of these forms
would be mandatory since, FRA does not contemplate individual operators
as being given the freedom to create their own forms for recording this
data. FRA will make a concentrated effort to make access to these forms
readily available assuming that use of these forms becomes mandatory.
Appendix D--Drawings and Diagrams [Reserved]
In the final rule, this appendix would contain a series of drawings
and diagrams that would be cross referenced to various sections of the
rule. Each drawing or diagram visually demonstrates how the rule
language should be applied. For example, it would depict how to apply
an instrument in order to correctly take measurements of objects such
as wheels to determine the size of flanges, flat spots, and broken rims
for compliance purposes.
Appendix E--Schedule of Civil Penalties [Reserved]
In the final rule, this appendix would contain a penalty schedule
similar to those that FRA has issued for its other regulations.
Although such FRA penalty schedules are statements of policy and the
obligation to provide notice and opportunity to comment prior to their
issuance is not required under law, FRA would welcome comments from
interested parties expressing their views on what penalties might be
appropriate. FRA suggests that those interested in commenting on this
issue examine FRA's current policy statement concerning the manner in
which the agency enforces the rail safety laws. This policy statement
is contained in Appendix A to 49 CFR Part 209,
Regulatory Impact
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
This rule has been evaluated in accordance with existing policies
and procedures, and determined to be non-significant under both
Executive Order 12866 and DOT policies and procedures (44 FR 11034;
February 26, 1979). FRA has prepared and placed in the docket a
Regulatory Impact Analysis (RIA) addressing the economic impact of this
rule. Document inspection and copying
[[Page 51425]]
facilities are available at 1120 Vermont Avenue, N.W., 7th Floor,
Washington, D.C. Photocopies may also be obtained by submitting a
written request to the FRA Docket Clerk at Office of Chief Counsel,
Federal Railroad Administration, 400 Seventh Street, S.W., Washington,
D.C. 20590.
As part of the regulatory impact analysis, FRA has assessed
quantitative measurements of costs and benefits expected from the
adoption of the final rule. For a twenty year period the Net Present
Value (NPV) of the potential societal benefits is $11,548,440, and the
NPV of the estimated quantified costs is $1,605,679. A majority of the
costs would be caused by the transition from the current rule to the
proposed rule. A majority of the savings would occur from the changes
in the inspection frequencies that occur once an operator is operating
under the proposed rule's requirements.
FRA anticipates that this rule will not only reduce the federally
mandated burden for the average steam locomotive owner/operator, but
also reduce the risk involved in their operations. The NPV of the net
benefits is $9.9 million.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires a review of proposed and final rules to assess their impact on
small entities. FRA has prepared and placed in the docket an Initial
Regulatory Flexibility Assessment (IRFA) which assesses the small
entity impact. Document inspection and copying facilities are available
at 1120 Vermont Avenue, 7th Floor, Washington, D.C. Photocopies may
also be obtained by submitting a written request to the FRA Docket
Clerk at Office of Chief Counsel, Federal Railroad Administration, 400
Seventh Street, S.W., Washington, D.C. 20590.
FRA has recently published an interim policy which formally
establishes ``small entities'' as being railroads which meet the line
haulage revenue requirements of a Class III railroad. For other
entities, the same dollar limit on revenues is established to determine
whether a railroad shipper or contractor is a small entity. FRA is
proposing to use this alternative definition of ``small entity'' for
this rulemaking. Since this is still considered to be an alternative
definition, FRA is using this definition in consultation with the
Office of Advocacy, SBA, and therefore requests public comments on its
use.
The IRFA concludes that this proposed rule would have an economic
impact on a sizable number of small entities. However, FRA certifies
that this proposed rule is not expected to have a significant economic
impact on a substantial number of small entities. The significance of
the impact on the potentially affected small entities varies according
to the current level of maintenance and inspection that a steam
locomotive receives. Thus, an owner and/or operator of a steam
locomotive which has only been marginally maintained could be
significantly impacted by this proposed rule. In order to determine the
significance of the economic impact FRA requests comments to the docket
that will provide additional data on the economic impact caused by this
proposed rule. The FRA will consider the comments and data it
receives--or lack of comments and data--in making a final decision on
the significance of the economic impact.
For this proposed rulemaking there are potentially 150 steam
locomotives that fall under the FRA's jurisdiction which could be
affected. These locomotives are owned by 82 operators. FRA estimates
that the somewhere between 85 and 95 percent of these operators are
small entities. These operators primarily use their steam locomotives
in a tourist, historic, excursion, or museum railway operations. Since
this proposed regulation is primarily being imposed on small entities,
readers interested in further details about the impacts on these
entities should review the NPRM's Regulatory Impact Analysis (RIA).
The impacts that this proposed regulation will have on the affected
steam locomotive operators will vary for the 82 different operators.
The impact will be inversely proportional to the level of inspection,
maintenance and repair that each steam locomotive is currently given.
Thus, steam locomotives that have been inspected, maintained and
repaired properly should be impacted less than ones that have not. FRA
estimates that the Net Present Value (NPV) of the average cost of this
rule, per steam locomotive, is approximately $10,000 over twenty years.
One of the more significant economic impacts that will affect all steam
locomotives is the cost for transitioning from the current rule to the
proposed. A proposed change that could impact a small quantity of steam
locomotives each year is the proposed change involving replacing broken
staybolts. Proposed new equipment requirements, such as a second water
glass, total less than $50,000 for all affected steam locomotives over
the twenty-year period.
Since this proposed regulation impacts primarily small entities,
most of the provisions in it were formed with the recognition that
small operations would have to be burdened with its implementation and
cost. In other words, all provisions of this proposed rule considered
the potential impact to small entities when consensus was being formed
on the rule-text. Because of this consideration, all requirements for
specific equipment (i.e., cab lights, water glass etc . . .) allow for
the operators to have one year from the effective date of the final
rule to implement these sections.
The largest impact and the greatest savings occur when a steam
locomotive transitions from the current rule to the proposed. The
proposed implementation for this is therefore gradually phased in. This
proposal would allow steam locomotive owners and operators the
flexibility necessary to bring their operations into compliance.
C. Small Business Regulatory Enforcement Fairness Act of 1996
Pursuant to Section 312 of the Small Business Regulatory
Enforcement Fairness Act of 1996 (P.L. 104-121), FRA will issue a Small
Entity Compliance Guide to summarize the requirements of this rule. The
Guide will be made available to all affected small entities to assist
them in understanding the actions necessary to comply with the rule.
The Guide will in no way alter the requirements of the rule, but will
be a tool to assist small entities in the day-to-day application of
those requirements.
D. Paperwork Reduction Act
The information collection requirements in this final rule have
been submitted for approval to the Office of Management and Budget
(OMB) under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq.
The sections that contain the new information collection requirements
and the estimated time to fulfill each requirement are as follows:
[[Page 51426]]
----------------------------------------------------------------------------------------------------------------
Total
Respondent Total annual Average time per annual Total
CFR section universe responses response burden annual
hours burden cost
----------------------------------------------------------------------------------------------------------------
230.3--Implementation:
--Interim Flue Extensions. 82 owners/ 30 letters....... 30 minutes...... 15 $450
operators.
--Petitions for Special 82 owners/ 30 petitions..... 1 hour.......... 30 1,020
Consideration. operators.
--Agency Silence.......... 82 owners/ 1 notification... 1 hour.......... 1 30
operators.
230.12--Conditions for 82 owners/ 10 tags.......... 6 minutes....... 1 30
Movement of Non-Complying operators.
Steam Locomotives.
230.13--Inspection Reports:
--Recordkeeping........... 82 owners/ 3,650 forms...... 2............... 122 hours 3,660
operators.
230.14--31 Service Day 82 owners/ 100 reports...... 20 minutes...... 33 990
Inspection. operators.
--FRA Notification........ 82 owners/ 2 notifications.. 5 minutes....... .17 5
operators.
230.15--92 Day Service 82 owners/ 100 reports...... 20 minutes...... 33 990
Inspection. operators.
230.16--Annual Inspection..... 82 owners/ 100 reports...... 30 minutes...... 50 1,500
operators.
--FRA Notification........ 82 owners/ 100 notifications 5 minutes....... 8 240
operators.
230. 17--1472 Service Day 82 owners/ 15 forms......... 30 minutes...... 8 240
Inspection (Form No. 4). operators.
--Recordkeeping (Form No. 82 owners/ 15 reports....... 15 minutes...... 4 120
3). operators.
230.18--Service Day Report
(Form No. 5):
--Recordkeeping........... 82 owners/ 150 reports...... 15 minutes...... 38 1,140
operators.
230. 19--Posting of Copy:
--Recordkeeping........... 82 owners/ 300 forms........ 1 minute........ 5 150
operators.
230.20--Alteration Reports For 82 owners/ 5 reports........ 1 hour.......... 5 hours 150
Steam Locomotive Boilers operators.
(Form No. 19).
230.21--Steam Locomotive 82 owners/ 5 documents...... 2 minutes....... 17 5
Number Change. operators.
230.33--Welded Repairs and 82 owners/ 5 letters........ 50 minutes...... 1 30
Alterations. operators.
--Wastage and Flush 82 owners/ 12 letters....... 10.............. 1 60
Patches. operators.
230.34--Riveted Repairs and 82 owners/ 37 requests...... 5 minutes....... 3 90
Alterations. operators.
230.41--Flexible Staybolts
with Caps:
--Recordkeeping........... 82 owners/ 10 entries....... 1 minute........ .17 5
operators.
230.46--Badge Plates:
--Recordkeeping........... 82 owners/ 1 report......... 30 minutes...... .50 15
operators.
230.47--Boiler Number:
--Recordkeeping........... 82 owners/ 1 report......... 15 minutes...... .25 8
operators.
230.75--Stenciling Dates of
Tests and Cleaning:
--Recordkeeping........... 82 owners/ 54 tests......... 1 minute........ 1 30
operators.
230.96--Main, Side, and Valve 82 owners/ 1 letter......... 10 minutes...... .17 hour 5
Rods. operators.
230.98--Driving, Trailing, and
Engine Truck Axles:
Journal Diameter Stamped.. 82 owner/ 1 stamp.......... 15 minutes...... .25 8
operators.
230.116--Oil Tanks............ 82 owners/ 150 signs........ 1 minute........ 3 90
operators.
----------------------------------------------------------------------------------------------------------------
All estimates include the time for reviewing instructions;
searching existing data sources; gathering or maintaining the needed
data; and reviewing the information. Pursuant to 44 U.S.C.
3506(c)(2)(B), the FRA solicits comments concerning: whether these
information collection requirements are necessary for the proper
performance of the function of FRA, including whether the information
has practical utility; the accuracy of FRA's estimates of the burden of
the information collection requirements; the quality, utility, and
clarity of the information to be collected; and whether the burden of
collection of information on those who are to respond, including
through the use of automated collection techniques or other forms of
information technology, may be minimized. For information or a copy of
the paperwork package submitted to OMB contact Robert Brogan at 202-
493-6292.
Organizations and individuals desiring to submit comments on the
collection of information requirements should direct them to the Office
of Management and Budget, Attention: Desk Officer for the Federal
Railroad Administration, Office of Information and Regulatory Affairs,
Washington, D.C. 20503, and should also send a copy of their comments
to Robert Brogan, Federal Railroad Administration, RRS-21, Mail Stop
25, 400 7th Street, S.W., Washington. D.C. 20590.
OMB is required to make a decision concerning the collection of
information requirements contained in this final rule between 30 and 60
days after publication of this document in the Federal Register.
Therefore, a comment to OMB is best assured of having its full effect
if OMB receives it within 30 days of publication. The final rule will
respond to any OMB or public comments on the information collection
requirements contained in this proposal.
FRA cannot impose a penalty on persons for violating information
collection requirements which do not display a current OMB control
number, if required. FRA intends to obtain current OMB control numbers
for any new information collection requirements resulting from this
rulemaking action prior to the effective date of a final rule. The
valid OMB control number for this information collection is 2130-0505.
E. Federalism Implications
This final rule will not have a substantial effect on the states,
on the
[[Page 51427]]
relationship between the national government and the states, or the
distribution of power and responsibilities among the various levels of
government. Thus, in accordance with Executive Order 12612, preparation
of a Federalism assessment is not warranted.
F. Compliance With the Unfunded Mandates Reform Act of 1995
Pursuant to the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) each federal agency ``shall, unless otherwise prohibited by law,
assess the effects of Federal Regulatory actions on State, local, and
tribal governments, and the private sector (other than to the extent
that such regulations incorporate requirements specifically set forth
in law).'' Section 201. Section 202 of the Act further requires that
``before promulgating any general notice of proposed rulemaking that is
likely to result in promulgation of any rule that includes any Federal
mandate that may result in the expenditure by State, local, and tribal
governments, in the aggregate, or by the private sector, of
$100,000,000 or more (adjusted annually for inflation) in any 1 year,
and before promulgating any final rule for which a general notice of
proposed rulemaking was published, the agency shall prepare a written
statement * * * detailing the effect on State, local and tribal
governments and the private sector.'' The final rule issued today will
not result in the expenditure, in the aggregate, of $100,000,000 or
more in any one year, and thus preparation of a statement is not
required.
G. Request for Public Comments
In accordance with Executive Order 12866, FRA is allowing 60 days
for comments. FRA believes that a 60 day comment period is appropriate
to allow parties with interests not represented on the Tourist and
Historic Working Group of the Railroad Safety Advisory Committee to
comment on this proposed rule. As noted earlier, FRA has not scheduled
a public hearing and will not do so unless requested to do in writing.
FRA solicits written comments on all aspects of this proposed rule and
FRA may make changes to the final rule based on comments received in
response to this notice.
In the very near future, FRA's docket system will be integrated
with the centralized DOT docket facility which will enable the public
to view all documents in a public docket through the Internet. At that
time, all comments received in this proceeding will be transferred to
the central docket facility and all subsequent documents relating to
this proceeding will be filed directly in, and be available for
inspection through, the centralized docket system. A notice of the
docket system change with complete filing and inspection information
will be published in the Federal Register at the appropriate time.
List of Subjects in 49 CFR Part 230
Steam locomotives, Railroad safety, Penalties, Reporting and
recordkeeping requirements.
The Proposed Rule
For the reasons set out above, FRA proposes revising Part 230 of
Title 49 of the Code of Federal Regulations to read as follows:
PART 230--STEAM LOCOMOTIVE INSPECTION AND MAINTENANCE STANDARDS
Subpart A--General
Sec.
230.1 Purpose and scope.
230.2 Applicability.
230.3 Implementation.
230.4 Prohibited acts.
230.5 Penalties.
230.6 Preemptive effect.
230.7 Waivers.
230.8 Responsibility for compliance.
230.9 Definitions.
230.10 Information collection.
General Inspection Requirements
230.11 Repair of non-complying conditions.
230.12 Movement of non-complying locomotives.
230.13 Daily inspection.
230.14 Thirty-one (31) service day inspection.
230.15 Ninety-two (92) service day inspection.
230.16 Annual inspection.
230.17 One thousand four hundred seventy-two (1472) service day
inspection.
Recordkeeping Requirements
230.18 Service days.
230.19 Posting of FRA Form No. 1 and FRA Form No. 3.
230.20 Alteration and repair report for steam locomotive boilers.
230.21 Steam locomotive number change.
230.22 Accident reports.
Subpart B--Boilers and Appurtenances
230.23 Responsibility for general construction and safe working
pressure.
Allowable Stress
230.24 Maximum allowable stress.
230.25 Maximum allowable stress on stays and braces.
Strength of Materials
230.26 Tensile strength of shell plates.
230.27 Maximum shearing strength of rivets.
230.28 Higher shearing strength of rivets.
Inspection and Repair
230.29 Inspection and repair.
230.30 Lap-joint seam boilers.
230.31 Flues to be removed.
230.32 Time and method of inspection.
230.33 Welded repairs and alterations.
230.34 Riveted repairs and alterations.
Pressure Testing of Boilers
230.35 Pressure testing.
230.36 Hydrostatic testing of boilers.
230.37 Steam test following repairs or alterations.
Staybolts
230.38 Telltale holes.
230.39 Broken staybolts.
230.40 Time and method of staybolt testing.
230.41 Flexible staybolts with caps.
Steam Gauges
230.42 Location of gauges.
230.43 Gauge siphon.
230.44 Time of testing.
230.45 Method of testing.
230.46 Badge plates.
230.47 Boiler number.
Safety Relief Valves
230.48 Number and capacity.
230.49 Setting of safety relief valves.
230.50 Time of testing.
Water Glasses and Gauge Cocks
230.51 Number and location.
230.52 Water glass valves.
230.53 Time of cleaning.
230.54 Testing and maintenance.
230.55 Tubular type water and lubricator glasses and shields.
230.56 Water glass lamps.
Injectors, Feedwater Pumps, and Flue Plugs
230.57 Injectors and feedwater pumps.
230.58 Flue plugs.
Fusible Plugs
230.59 Fusible plugs.
Washing Boilers
230.60 Time of washing.
230.61 Arch tubes, water bar tubes, circulators and thermic
siphons.
Steam Pipes
230.62 Dry pipe.
230.63 Smoke box, steam pipes and pressure parts.
Steam Leaks
230.64 Leaks under lagging.
230.65 Steam blocking view of engine crew.
Subpart C--Steam Locomotives and Tenders
230.66 Design, construction, and maintenance.
230.67 Responsibility for inspection and repairs.
Speed Indicators
230.68 Speed indicators.
Ash Pans
230.69 Ash pans.
[[Page 51428]]
Brake and Signal Equipment
230.70 Safe condition.
230.71 Orifice testing of compressors.
230.72 Testing main reservoirs.
230.73 Air gauges.
230.74 Time of cleaning.
230.75 Stenciling dates of tests and cleaning.
230.76 Piston travel.
230.77 Foundation brake gear.
230.78 Leakage.
230.79 Train signal system.
Cabs, Warning Signals, Sanders and Lights
230.80 Cabs.
230.81 Cab aprons.
230.82 Fire doors and mechanical stokers.
230.83 Cylinder cocks.
230.84 Sanders.
230.85 Audible warning device.
230.86 Required illumination.
230.87 Cab lights.
Throttles and Reversing Gear
230.88 Throttles.
230.89 Reverse gear.
Draw Gear and Draft Systems
230.90 Draw gear between locomotive and tender.
230.91 Chafing irons.
230.92 Draw gear and draft systems.
Driving Gear
230.93 Pistons and piston rods.
230.94 Crossheads.
230.95 Guides.
230.96 Main, side and valve motion rods.
230.97 Crank pins.
Running Gear
230.98 Driving, trailing, and engine truck axles.
230.99 Tender truck axles.
230.100 Defects in tender truck axles and journals.
230.101 Steam locomotive driving journal boxes.
230.102 Tender plain bearing journal boxes.
230.103 Tender roller bearing journal boxes.
230.104 Driving box shoes and wedges.
230.105 Lateral motion.
Trucks and Frames and Equalizing System
230.106 Steam locomotive frame.
230.107 Tender frame and body.
230.108 Steam locomotive leading and trailing trucks.
230.109 Tender trucks.
230.110 Pilots.
230.111 Spring rigging.
Wheels and Tires
230.112 Wheels and tires.
230.113 Wheel and tire defects.
230.114 Wheel centers.
Steam Locomotive Tanks
230.115 Feed water tanks.
230.116 Oil tanks.
Appendix A to Part 230--FRA's Exercise of Jurisdiction Over Tourist
and Historic Railroads.
Appendix B to Part 230--Inspection Requirements.
Appendix C to Part 230--FRA Inspection Forms.
Appendix D to Part 230--Drawings and Diagrams. [Reserved]
Appendix E to Part 230--Schedule of Civil Penalties. [Reserved]
Authority: 49 U.S.C. 20103, 20701, 20702; 49 CFR 1.49.
Subpart A--General.
Sec. 230.1 Purpose and scope.
This part prescribes minimum Federal safety standards for all
steam-propelled locomotives. This part does not restrict a railroad
from adopting and enforcing additional or more stringent requirements
not inconsistent with this part.
Sec. 230.2 Applicability.
(a) Except as provided in paragraph (b) of this section, this part
applies to all railroads that operate steam locomotives.
(b) This part does not apply to:
(1) A railroad with track gage of less than 24 inches;
(2) A railroad that operates exclusively freight trains and does so
only on track inside an installation that is not part of the general
system of transportation;
(3) Rapid transit operations in an urban area that are not
connected to the general system of transportation; or
(4) A railroad that operates passenger trains and does so only on
track inside an installation that is insular, i.e., its operations are
limited to a separate enclave in such a way that there is no reasonable
expectation that the safety of the public--except a business guest, a
licensee of the railroad or an affiliated entity, or a trespasser--
would be affected by the operation. An operation will not be considered
insular if one or more of the following exists on its line:
(i) A public highway-rail crossing that is in use;
(ii) An at-grade rail crossing that is in use;
(iii) A bridge over a public road or waters used for commercial
navigation; or (iv) A common corridor with another railroad, i.e., its
operations are conducted within 30 feet of those of any other railroad.
(c) See Appendix A of this part for a current statement of the
Federal Railroad Administration's (FRA's) policy on its exercise of
jurisdiction.
Sec. 230.3 Implementation.
Except as provided in paragraphs (a) through (c) of this section,
the locomotive owner and/or operator shall perform a 1472 service day
inspection that meets the requirements of Sec. 230.17 when the
locomotive's flues would be required to be removed pursuant to
Sec. 230.10, of the regulations in effect prior to [the effective date
of the final rule]. (See 49 CFR Parts 200-299, revised October 1,
1978). At the time the locomotive owner and/or operator completes this
inspection, it must begin to comply with the rest of the provisions of
this part. Up until such time, and except as provided in paragraphs (a)
through (c) of this section, compliance with the regulations in effect
prior to [the effective date of the final rule] (See 49 CFR Parts 200-
299, revised October 1, 1978) will constitute full compliance with this
part. Any interested person may obtain the October 1, 1978 revision of
49 CFR Parts 200-999 by contacting the Federal Railroad Administration,
Office of Chief Counsel, 400 7th Street, S.W., Washington, D.C. 20590.
(a) One year after effective date of the final rule. The following
sections of this part must be complied with by [one year after
effective date of the final rule]: Secs. 230.7, 230.51, 230.57, 230.68,
230.70, 230.85, 230.87, 230.115, and 230.116.
(b) Interim Flue Removal Extensions. FRA will continue to consider
requests for flue removal extensions under the provisions of
Sec. 230.10 of the regulations in effect prior to [effective date of
the final rule] (See 49 CFR Parts 200-299, revised October 1, 1978)
until [two (2) years after the effective date of the final rule].
(c) Petition for Special Consideration. The locomotive owner or
operator may petition FRA for special consideration of this part's
implementation with respect to any locomotive that has either fully or
partially satisfied the requirements of Sec. 230.17 within three (3)
years prior to [the publication date of the final rule], provided the
locomotive is in full compliance with Sec. 230.17 by the time the
petition is actually filed 1.
---------------------------------------------------------------------------
\1\ Note: As an example, where the locomotive has received a
proper boiler inspection within 3 years prior to the publication
date of this rule, but has not had its Form 4 updated, the
locomotive owner or operator may update and verify the Form 4 for
that locomotive, and submit a timely petition that requests
retroactive credit for the boiler inspection that was conducted
within the past three years pursuant to Secs. 230.10 and 230.11 of
the regulations in effect prior to [effective date of the final
rule]. (See 49 CFR Parts 200-299, revised October 1, 1978).
---------------------------------------------------------------------------
(1) Petition process. Petitions must be filed by [one year after
effective date of the final rule] and must be accompanied by all
relevant documentation to be considered, including a FRA Form 4 (see
Appendix C of this Part) that has been calculated in accordance with
Sec. 230.17, and all records that demonstrate the number of days the
locomotive has been in service. Based
[[Page 51429]]
upon the documentation provided, the agency will calculate the number
of ``service days'' the locomotive has accrued and will notify the
petitioner of the number of service days that remain in the
locomotive's 1472 service day cycle. Petitions should be sent to the
agency by some form of registered mail to ensure a record of delivery.
The agency will investigate these petitions and will respond to these
petitions within one year of their receipt. The agency will send its
response by some form of registered mail to ensure that a record of
delivery is created. In its response, the agency may grant the petition
or deny it. If the agency grants the petition, the entirety of the
revised requirements will become effective upon receipt of the agency's
response, unless the agency's response indicates otherwise. If the
agency denies the petition, the rule will become effective as provided
in the first paragraph of this section.
(2) Agency silence. Anyone who does not receive a response within
one year of the date they filed their petition, whether through
administrative or postal error, must notify FRA that the response has
not been received. The notification should be provided to the agency by
some form of registered mail to ensure a record of delivery. Upon
receipt of this notification, FRA will ensure that a response is either
issued, or re-issued, as soon as possible. In the interim, however, any
operator who is at the end of their inspection cycle under the rules in
effect prior to [effective date of final rule] (See 49 CFR Parts 200-
299, revised October 1, 1978) will be allowed to remain in service
without conducting the required inspection under Sec. 230.17 for an
additional six months, or until they receive FRA's decision, whichever
occurs first.
Sec. 230.4 Prohibited acts.
Chapter 207 of Title 49 of the United States Code makes it unlawful
for any railroad to use or permit to be used on its line any steam
locomotive or tender unless the entire steam locomotive or tender and
its parts and appurtenances--
(a) Are in proper condition and safe to operate in the service to
which they are put, without unnecessary danger of personal injury; and
(b) Have been inspected and tested as required by this part.
Sec. 230.5 Penalties.
(a) Any person who violates any requirement of this part or causes
the violation of any such requirement is subject to a civil penalty of
at least $500 and not more than $11,000 per violation, except that:
Penalties may be assessed against individuals only for willful
violations, and, 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, a penalty not to exceed
$22,000 per violation may be assessed. Each day a violation continues
shall constitute a separate offense. See Appendix E to this part for a
statement of agency civil penalty policy.
(b) Any person who knowingly and willfully falsifies a record or
report required by this part may be subject to criminal penalties under
49 U.S.C. 21311.
Sec. 230.6 Preemptive effect.
Under 49 U.S.C. 20106, issuance of this part preempts any State
law, regulation, or order covering the same subject matter, except an
additional or more stringent law, regulation, or order that is
necessary to eliminate or reduce an essentially local safety hazard; is
not incompatible with a law, regulation, or order of the United States
Government; and does not unreasonably burden interstate commerce. By
issuance of this part, the FRA does not intend to preempt state laws
authorizing safety inspections, by state officials pursuant to their
own boiler safety programs, of steam locomotive boilers over which the
FRA is not currently exercising its safety jurisdiction.
Sec. 230.7 Waivers.
(a) A person subject to a requirement of this part may petition the
Administrator for a waiver of compliance with such requirement. The
filing of such a petition does not affect that person's responsibility
for compliance with that requirement while the petition is being
considered.
(b) Each petition for waiver under this section must be filed in
the manner and contain the information required by part 211 of this
chapter.
(c) If the Administrator finds that a waiver of compliance is in
the public interest and is consistent with railroad safety, the
Administrator may grant the waiver subject to any conditions the
Administrator deems necessary. Where a waiver is granted, the
Administrator publishes a notice containing the reasons for granting
the waiver.
(d) All waivers of every form and type from any requirement of any
order or regulation implementing the Locomotive Boiler Inspection Act,
36 Stat. 913, as amended, 49 U.S.C. 20702, applicable to one or more
steam locomotives, shall lapse on [effective date of final rule] unless
a copy of the grant of waiver is filed for reassessment prior to that
date with the Office of Safety, Federal Railroad Administration, 400
Seventh Street, Washington, D.C. 20590. FRA will review the waiver and
notify the applicant whether the waiver has been continued.
Sec. 230.8 Responsibility for compliance.
(a) The locomotive owner and/or operator is directly responsible
for ensuring that all requirements of this part are satisfied, and is
the entity primarily responsible for compliance with this part.
(b) Although the duties imposed by this part are generally stated
in terms of the duties of a railroad or a steam locomotive owner and/or
operator, any person, including a contractor for a railroad, who
performs any function covered by this part must perform that function
in accordance with this part.
Sec. 230.9 Definitions.
As used in this part, the terms listed in this section have the
following definitions:
Administrator. The Administrator of the Federal Railroad
Administration or the Administrator's delegate.
Alteration. Any change to the boiler which affects its pressure
retention capability. Rating changes are considered alterations.
ANSI. American National Standards Institute.
API. American Petroleum Institute.
ASME. American Society of Mechanical Engineers.
Boiler surfaces. The boiler interior is all the space inside a
boiler occupied by water or steam under pressure, and all associated
surfaces inside that space exposed to that water and steam. The boiler
exterior is the opposite surface of all components directly exposed to
the boiler interior. This includes the fire side of the firebox sheets.
Break. A fracture resulting in complete separation into parts.
Code of original construction. The manufacturer's or industry code
in effect when the boiler was constructed. If the exact code is not
known, the closest contemporary code may be used provided it does not
pre-date the construction date of the boiler.
Crack. A fracture without complete separation into parts, except
that castings with shrinkage cracks or hot tears that do not
significantly diminish the strength of the member are not considered to
be cracked.
FRA. The Federal Railroad Administration.
Locomotive operator. Person or entity which operates, but which
does not necessarily own, one or more steam
[[Page 51430]]
locomotives. This term means, for purposes of inspection and
maintenance responsibility, the entity responsible for the day-to-day
operation of the steam locomotive, or their delegate.
Locomotive owner. Person or entity which owns, but which does not
necessarily operate, one or more steam locomotives. For purposes of
inspection and maintenance responsibility, this term includes their
delegate as well.
MAWP. Maximum allowable working pressure as specified by the steam
locomotive specification FRA Form No. 4. (See appendix C of this part)
NBIC. National Board Inspection Code published by the National
Board of Boiler and Pressure Vessel Inspectors.
NDE. Non-destructive Examination.
NPS. Nominal Pipe Size.
Person. An entity of any type covered under 1 U.S.C. 1, including
but not limited to the following: a railroad; a manager, supervisor,
official, or other employee or agent of a railroad; any owner,
manufacturer, lessor, or lessee of railroad equipment, track, or
facilities; any independent contractor providing goods or services to a
railroad; and any employee of such owner, manufacturer, lessor, lessee,
or independent contractor.
Railroad. Any form of non-highway ground transportation that runs
on rails or electromagnetic guideways and any entity providing such
transportation, including commuter or other short-haul railroad
passenger service in a metropolitan or suburban area and commuter
railroad service that was operated by the Consolidated Rail Corporation
on January 1, 1979; and high speed ground transportation systems that
connect metropolitan areas, without regard to whether those systems use
new technologies not associated with traditional railroads; but does
not include rapid transit operations in an urban area that are not
connected to the general railroad system of transportation.
Renewal. Replacement in kind with a newly manufactured or
remanufactured (restored to original tolerances) component. Materials
shall be suitable for the service intended.
Repair. Any work which results in a restoration in kind.
Serious injury. An injury that results in the amputation of any
appendage, the loss of sight in an eye, the fracture of a bone, or the
confinement in a hospital for a period of more than 24 consecutive
hours.
Service day. Any calendar day that the boiler has steam pressure
above atmospheric pressure with fire in the firebox. In the case of a
fireless steam locomotive, any calendar day that the boiler has steam
pressure above atmospheric pressure.
Stayed portion of the boiler. That portion of the boiler designed
to require support to retain internal pressure by the addition of
strength members, such as staybolts, braces, diagonal stays, tubes,
etc.
Steam locomotive. A self-propelled unit of equipment powered by
steam that is either designed or used for moving other equipment. This
includes a self-propelled unit designed or used to carry freight and/or
passenger traffic.
Unstayed Portion of the Boiler. That portion of the boiler designed
to be self-supported in retaining internal pressure without additional
strength members such as staybolts, braces, diagonal stays, tubes, etc.
Wastage. A reduction in the thickness of a mechanical component,
such as a pipe or sheet.
Sec. 230.10 Information collection.
(a) [Reserved]
(b) The information collection requirements are found in the
following sections: 230.3, 230.12 though 230.21, 230.33, 230.34,
230.41, 230.46, 230.47, 230.75, 230.96, 230.98, ad 230.116.
General Inspection Requirements
Sec. 230.11 Repair of non-complying conditions.
The steam locomotive owner and/or operator shall repair any steam
locomotive that fails to comply with the conditions of this part, and
shall approve any such repairs made, before placing the locomotive back
into service.
Sec. 230.12 Movement of non-complying steam locomotives.
(a) General limitations on movement. A steam locomotive with one or
more non-complying conditions may be moved only as a lite steam
locomotive or a steam locomotive in tow, except as provided in
paragraph (b) of this section. Cars essential to the movement of the
steam locomotive and tender(s), including tool cars and a bunk car, may
accompany lite movements.
(b) Conditions for movement. Prior to movement, the steam
locomotive owner and/or operator shall determine that it is safe to
move the locomotive, determine the maximum speed and other restrictions
necessary for safely conducting the movement, and notify in writing the
engineer in charge of the defective steam locomotive and, if towed, the
engineer in charge of the towing locomotive consist, as well as all
other crew members in the cabs, of the presence of the non-complying
steam locomotive and the maximum speed and other movement restrictions.
In addition, a tag bearing the words ``non-complying locomotive'' shall
be securely attached to each defective steam locomotive and shall
contain the following information:
(1) The steam locomotive number;
(2) The name of the inspecting carrier;
(3) The inspection location and date;
(4) The nature of the defect;
(5) Movement restrictions, if any;
(6) The destination; and
(7) The signature of the person making the determinations required
by this paragraph (b).
(c) Non-complying conditions developed en route. The locomotive
owner and/or operator may continue in use a steam locomotive that
develops a non-complying condition en route until the next daily
inspection or the nearest forward point where the repairs necessary to
bring it into compliance can be made, whichever is earlier. Before
continuing en route, the steam locomotive owner and/or operator shall
determine that it is safe to move the steam locomotive, determine the
maximum speed and other restrictions necessary for safely conducting
the movement, and notify in writing the engineer in charge of the
defective steam locomotive and, if towed, the engineer in charge of the
towing steam locomotive consist, as well as all other crew members in
the cabs, of the presence of the non-complying steam locomotive and the
maximum speed and other movement restrictions.
(d) Special notice for repair. Nothing in this section authorizes
the movement of a steam locomotive subject to a Special Notice for
Repair unless the movement is made in accordance with the restrictions
contained in the Special Notice.
Sec. 230.13 Daily inspection.
(a) General. An individual competent to conduct the inspection
shall inspect each steam locomotive and its tender and appurtenances
each day that they are offered for use to determine that they are safe
and suitable for service. The daily inspection shall be conducted to
comply with all sections of this part, and a daily inspection report
filed, by an individual competent to conduct the inspection. See
appendices B and C of this part.
(b) Pre-departure. At the beginning of each day the steam
locomotive is used, an individual competent to do so shall, together
with the daily inspection required above, inspect the steam locomotive
and its tender and appurtenances to ensure that they are safe and
suitable for service, paying special attention to the following items:
[[Page 51431]]
(1) Water glasses and gauge cocks;
(2) Boiler feedwater delivery systems, such as injectors and
feedwater pumps; and
(3) Air compressors and governors, and the air brake system.
(c) Inspection reports. The results of the daily inspection shall
be entered on an FRA Form No. 2 (See appendix C of this part) which
shall contain, at a minimum, the name of the railroad, the initials and
number of the steam locomotive, the place, date and time of the
inspection, the signature of the employee making the inspection, a
description of the non-complying conditions disclosed by the
inspection, conditions found in non-compliance during the day and
repaired and the signature of the person who repaired the non-
conforming conditions. This report shall be filed even if no non-
complying conditions are detected. A competent individual shall sign
the report, certifying that all non-complying conditions were repaired
before the steam locomotive is operated. This report shall be filed and
retained for at least 92 days at the location designated by the steam
locomotive owner and/or operator.
Sec. 230.14 Thirty-one (31) service day inspection.
(a) General. An individual competent to conduct the inspection
shall perform the 31 service day inspection after the steam locomotive
has accrued 31 ``service-days.'' This inspection shall consist of all
31 service day inspection items and all daily inspection items. See
appendix B of this part. Days in service shall be counted, recorded and
readily available for inspection when requested by an FRA inspector.
(b) FRA notification. FRA Regional Administrators, or their
delegate(s), may require a steam locomotive owner or operator to
provide FRA with notification before a 31 service day inspection. If
the Regional Administrator or their delegate indicates their desire to
be present for the 31 service day inspection, the steam locomotive
owner and/or operator shall provide them a scheduled date and location
for inspection. Once scheduled, the inspection must be performed at the
time and place specified, unless the Regional Administrator and the
steam locomotive owner and/or operator mutually agree to reschedule.
(c) Filing inspection reports. Within 10 days of conducting the 31
service day inspection, the steam locomotive owner and/or operator
shall file, for each steam locomotive inspected, a report of inspection
(FRA Form No. 1), in the place where the steam locomotive is maintained
and with the FRA Regional Administrator for that region. When the
report of annual inspection (FRA Form No. 3), is filed, the FRA Form
No. 1 does not have to be filed until the next 31 service day
inspection. (See appendix C of this part)
Sec. 230.15 Ninety-two (92) service day inspection.
(a) General. An individual competent to conduct the inspection
shall perform the 92 service day inspection after the steam locomotive
has accrued 92 ``service-days.'' This inspection shall include all
daily, all 31 service day, and all 92 service day inspection items. See
Appendix B of this part. Days in service shall be counted, recorded,
and readily available for inspection when requested by an FRA
inspector.
(b) Filing inspection reports. Within 10 days of conducting the 92
service day inspection, the steam locomotive owner and/or operator
shall file, for each steam locomotive inspected, a report of inspection
( FRA Form No. 1), in the place the locomotive is maintained and with
the Regional Administrator for that region. When the, report of annual
inspection (FRA Form No. 3), is filed, the FRA Form No. 1 does not have
to be filed until the next 92 service day inspection. (See appendix C
of this part)
Sec. 230.16 Annual inspection.
(a) General. (1) An individual competent to conduct the inspection
shall perform the annual inspection after 368 calendar days have
elapsed from the time of the previous annual inspection. This
inspection shall include all daily, all 31 service day, all 92 service
day, and all annual inspection items. See Appendix B of this part.
(2) Fifth annual inspection. An individual competent to do so shall
perform a flexible staybolt and cap inspection in accordance with
Sec. 230.41 at each fifth annual inspection.
(b) FRA notification. FRA Regional Administrators shall be provided
written notice at least one month prior to an annual inspection and
afforded an opportunity to be present. If the Regional Administrator or
their delegate indicates a desire to be present, the steam locomotive
owner and/or operator will provide a scheduled date and location for
the inspection. Once scheduled, the inspection must be performed at the
time and place specified, unless the Regional Administrator and the
steam locomotive owner and/or operator mutually agree to reschedule.
(c) Filing inspection reports. Within 10 days of completing the
annual inspection, the steam locomotive owner and/or operator shall
file, for each steam locomotive inspected, a report of inspection (FRA
Form No. 3), in the place where the steam locomotive is maintained and
with the Regional Administrator for that region. (See appendix C of
this part)
Sec. 230.17 One thousand four hundred seventy-two (1472) service day
inspection.
(a) General. Before any steam locomotive is initially put in
service or brought out of retirement, and after 1472 service days or 15
years, whichever is earlier, an individual competent to conduct the
inspection shall inspect the entire boiler. This 1472 service day
inspection shall include all annual, and 5th annual, inspection
requirements, as well as any items required by the steam locomotive
owner and/or operator or the FRA inspector. At this time, the
locomotive owner and/or operator shall complete, update and verify the
locomotive specification card (FRA Form No. 4), to reflect the
condition of the boiler at the time of this inspection. See appendices
B and C of this part.
(b) Filing inspection reports. Within 30 days of completing the
1472 service day inspection, the steam locomotive owner and/or operator
shall, for each steam locomotive inspected, file in the place where the
steam locomotive is maintained and with the FRA Regional Administrator
for that region a report of inspection, (FRA Form No. 3), and a
completed FRA Form No.4. (See appendix C of this part)
Recordkeeping Requirements
Sec. 230.18 Service days.
(a) Service day record. For every steam locomotive currently in
service, the steam locomotive owner and/or operator shall have
available, and be able to show an FRA inspector upon request, a current
copy of the service day record that contains the number of service days
the steam locomotive has accrued since the last 31, 92, Annual and 1472
service day inspections.
(b) Service day report. By the 31st of every January, every steam
locomotive owner and/or operator shall file a service day report, FRA
Form No. 5, with the Regional Administrator accounting for the days the
steam locomotive was in service from January 1 through December 31st of
the preceding year. If the steam locomotive was in service zero (0)
days during that period, a report must still be filed to prevent the
steam locomotive from being considered retired by FRA. (See appendix C
of this part)
(c) Retirement where no service day reports filed. Where the steam
[[Page 51432]]
locomotive owner and/or operator does not file the required service day
report for a steam locomotive, that steam locomotive may be considered
retired by FRA. The steam locomotive owner and/or operator must
complete all 1472 service day inspection items to return a retired
steam locomotive to service.
Sec. 230.19 Posting of FRA Form No. 1 and FRA Form No. 3.
(a) FRA Form No. 1. The steam locomotive owner and/or operator
shall place a copy of the 31 and 92 service day inspection report, (FRA
Form No. 1), properly filled out, under transparent cover in a
conspicuous place in the cab of the steam locomotive before the boiler
inspected is put into service. This FRA Form No. 1 will not be required
for the first 31 service days following an annual inspection and the
posting of an FRA Form No. 3. (See appendix C of this part)
(b) Form No. 3. In addition to the FRA Form No. 1, the steam
locomotive owner and/or operator shall also maintain in the cab a
current copy of FRA Form No. 3 in the manner described in paragraph (a)
of this section. (See appendix C of this part)
Sec. 230.20 Alteration and repair report for steam locomotive boilers.
(a) Alterations. When an alteration is made to a steam locomotive
boiler, the steam locomotive owner and/or operator shall file an
alteration report (FRA Form No. 19), detailing the changes to the
locomotive with the FRA Regional Administrator within 30 days from the
date the work was completed. This form shall be attached to, and
maintained with, the FRA Form No. 4 until such time as a new FRA Form
No. 4 reflecting the alteration is submitted to the Regional
Administrator. Alteration reports shall be filed and maintained for the
life of the boiler. (See appendix C of this part)
(b) Welded and riveted repairs to unstayed portions of the boiler.
Whenever welded or riveted repairs are performed on unstayed portions
of a steam locomotive boiler, the steam locomotive owner and/or
operator shall file with the FRA Regional Administrator, within 30 days
from the time the work was completed, a repair report, FRA Form No. 19,
that details the work done to the steam locomotive. Repair reports
shall be filed and maintained for the life of the boiler. (See appendix
C of this part)
(c) Welded and riveted repairs to stayed portions of the boiler.
Whenever welded or riveted repairs are performed on stayed portions of
a steam locomotive boiler, the steam locomotive owner and/or operator
shall complete a repair report (FRA Form No. 19), detailing the work
done. Repair reports shall be maintained for the life of the boiler.
(See appendix C of this part)
Sec. 230.21 Steam locomotive number change.
When a steam locomotive number is changed, the steam locomotive
owner and/or operator must reflect the change in the upper right-hand
corner of all documentation related to the steam locomotive by showing
the old and new numbers:
Old No. 000
New No. XXX
Sec. 230.22 Accident reports.
In the case of an accident due to failure, from any cause, of a
steam locomotive boiler or any part or appurtenance thereof, resulting
in serious injury or death to one or more persons, the railroad on
whose line the accident occurred shall immediately report the accident
by toll free telephone, Area Code 800-424-0201. The report shall state
the nature of the accident, the number of persons killed or seriously
injured, the place at which it occurred, as well as where the steam
locomotive may be inspected. Confirmation of this report shall be
immediately mailed to the Associate Administrator for Safety, Federal
Railroad Administration, Washington, D.C. 20590, and contain a detailed
report of the accident, including, to the extent known, the causes and
a complete list of the casualties.
Subpart B--Boilers and Appurtenances
Sec. 230.23 Responsibility for general construction and safe working
pressure.
The steam locomotive owner and operator are responsible for the
general design and construction of the steam locomotive boilers under
their control. The steam locomotive owner shall establish the safe
working pressure for each steam locomotive boiler, after giving full
consideration to the general design, workmanship, age, and overall
condition of the complete boiler unit. The condition of the boiler unit
shall be determined by, among other factors, the minimum thickness of
the shell plates, the lowest tensile strength of the plates, the
efficiency of the longitudinal joint, the inside diameter of the
course, and the maximum allowable stress value allowed. The steam
locomotive operator shall not place the steam locomotive in service
before ensuring that the steam locomotive's safe working pressure has
been established.
Allowable Stress
Sec. 230.24 Maximum allowable stress.
(a) Maximum allowable stress value. The maximum allowable stress
value on any component of a steam locomotive boiler shall not exceed
\1/4\ of the ultimate tensile strength of its material.
(b) Safety factor. When it is necessary to use the code of original
construction in boiler calculations, the safety factor value shall not
be less than 4.
Sec. 230.25 Maximum allowable stress on stays and braces.
The maximum allowable stress per square inch of net cross sectional
area on fire box and combustion chamber stays shall be 7,500 psi. The
maximum allowable stress per square inch of net cross sectional area on
round, rectangular, or gusset braces shall be 9,000 psi.
Strength of Materials
Sec. 230.26 Tensile strength of shell plates.
When the tensile strength of steel or wrought-iron shell plates is
not known, it shall be taken at 50,000 psi for steel and 45,000 psi for
wrought iron.
Sec. 230.27 Maximum shearing strength of rivets.
The maximum shearing strength of rivets per square inch of cross
sectional area shall be taken as follows:
------------------------------------------------------------------------
Pounds
per
Rivets square
inch
------------------------------------------------------------------------
Iron Rivets in Single Shear................................... 38000
Iron Rivets in Double Shear................................... 76000
Steel Rivets in Single Shear.................................. 44000
Steel Rivets in Double Shear.................................. 88000
------------------------------------------------------------------------
Sec. 230.28 Higher shearing strength of rivets.
A higher shearing strength may be used for rivets when it can be
shown by test that the rivet material used is of such quality as to
justify a higher allowable shearing strength.
Inspection and Repair
Sec. 230.29 Inspection and repair.
(a) Responsibility. The steam locomotive owner and/or operator
shall inspect and repair all steam locomotive boilers and appurtenances
under their control. They shall immediately remove from service any
boiler that has developed cracks in the barrel. The steam locomotive
owner and/or operator shall also remove the boiler from service
whenever either of them, or the FRA inspector, considers it necessary
due to other defects.
[[Page 51433]]
(b) Repair standards. (1) All defects disclosed by any inspection
shall be repaired in accordance with accepted industry standards, which
may include established railroad practices, or NBIC or API established
standards, before the steam locomotive is returned to service. The
steam locomotive owner and/or operator shall not return the steam
locomotive boiler or appurtenances to service unless they are in good
condition and safe and suitable for service.
(2) Any welding to unstayed portions of the boiler made pursuant to
Sec. 230.33 shall be made in accordance with an accepted national
standard for boiler repairs. The steam locomotive owner and/or operator
shall not return the steam locomotive boiler or appurtenances to
service unless they are in good condition and safe and suitable for
service.
Sec. 230.30 Lap-joint seam boilers.
Every boiler having lap-joint longitudinal seams without
reinforcing plates shall have enough lagging, jacketing, flues, and
tubes removed at every annual inspection so that an inspection of the
entire joint, inside and out, can be made, taking special care to
detect grooving or cracks at the edges of the seams.
Sec. 230.31 Flues to be removed.
(a) Inspection of the boiler interior. During the 1472 service day
inspection, the steam locomotive owner and/or operator shall remove all
flues of steam locomotive boilers in service, except as provided in
paragraph (b) of this section, for the purpose of inspecting the entire
interior of the boiler and its bracing. After removing the flues, the
steam locomotive owner and/or operator shall enter the boiler to remove
scale from the interior and thoroughly clean and inspect it.
(b) NDE testing. If the boiler can be thoroughly cleaned and
inspected without removing the superheater flues, and it can be shown
through appropriate NDE testing methods that they are safe and suitable
for service, their removal may not be required at this time. Their
removal may be required, however, if the FRA inspector, or the steam
locomotive owner and/or operator, considers it necessary due to
identifiable safety concerns.
Sec. 230.32 Time and method of inspection.
(a) Time of inspection. The entire boiler shall completely be
inspected at the 1472 service day inspection. The jacket, lagging and
any other components interfering with the provision of inspection
access shall be removed at this time. Those portions of the boiler that
are exposed and able to be inspected as required by the daily, 31
service day, annual and fifth annual inspections shall be inspected at
those times. The interior of the boiler also shall be inspected at each
annual inspection, after the completion of any hydrostatic test above
MAWP, and whenever a sufficient number of flues are removed to allow
examination. The jacket, lagging and any other components shall also be
removed to provide inspection access whenever the FRA inspector, or the
steam locomotive owner and/or operator, considers it necessary due to
identifiable safety concerns.
(b) Method of Inspection.--(1) Entire boiler. During the 1472
service day inspection, the entire boiler shall be examined for cracks,
pitting, grooving, or indications of overheating and for damage where
mud has collected, or heavy scale formed. The edges of plates, all
laps, seams, and points where cracks and defects are likely to develop,
shall be thoroughly inspected. Rivets shall be inspected for corrosion
and looseness.
(2) Boiler interior. When inspecting the boiler interior, it must
be seen that braces and stays are taut, that pins are properly secured
in place, and that each is in condition to support its proportion of
the load. Washout plugs shall be removed for access and visual
inspection of the water side of the firebox sheets. Washout plug
threads, sleeves and threaded openings shall be examined at this time.
(3) Boiler exterior. A thorough inspection shall be made of the
entire exterior of the boiler while under hydrostatic pressure.
Sec. 230.33 Welded repairs and alterations.
(a) Unstayed portions of the boiler containing alloy steel or
carbon steel with a carbon content over 0.25 percent. Prior to welding
on unstayed portions of the boiler, the steam locomotive owner and/or
operator shall submit a written request for approval to the FRA
Regional Administrator. If the approval is granted, the steam
locomotive owner and/or operator shall perform any welding to unstayed
portions of the boiler in accordance with an accepted national standard
for boiler repairs. The steam locomotive owner and/or operator shall
satisfy reporting requirements in Sec. 230.20 at this time.
(b) Unstayed portions of the boiler containing carbon steel not
exceeding 0.25 percent carbon. The steam locomotive owner and/or
operator shall perform any welding to unstayed portions of the boiler
in accordance with an accepted national standard for boiler repairs.
The steam locomotive owner and/or operator shall satisfy reporting
requirements in Sec. 230.20 at this time.
(c) Wastage. The steam locomotive owner and/or operator shall
submit a written request for approval to the FRA Regional Administrator
before performing weld build up on wasted areas of unstayed surfaces of
the boiler that exceed a total of 100 square inches, or the smaller of
25 percent of minimum required wall thickness or \1/2\ of an inch.
Wasted sheets shall not be repaired by weld build up if the wasted
sheet has been reduced to less than 60 percent of the minimum required
thickness as required by this part.
(d) Flush patches. The steam locomotive owner and/or operator shall
submit a written request for approval to the FRA Regional Administrator
for the installation of flush patches of any size on unstayed portions
of the boiler.
(e) Stayed portions of the boiler. The steam locomotive owner and/
or operator shall perform welded repairs or alterations on stayed
portions of the boiler in accordance with established railroad
practices, or an accepted national standard for boiler repairs. The
steam locomotive owner and/or operator shall satisfy reporting
requirements in Sec. 230.20 at this time.
Sec. 230.34 Riveted repairs and alterations.
(a) Alterations to unstayed portions of the boiler. Prior to making
riveted alterations on unstayed portions of the boiler, the steam
locomotive owner and/or operator shall submit a written request for
approval to the FRA Regional Administrator. If approval is granted, the
steam locomotive owner and/or operator shall perform any riveting to
unstayed portions of the boiler in accordance with established railroad
practices, or an accepted national standard for boiler repairs. The
steam locomotive owner and/or operator shall satisfy reporting
requirements in Sec. 230.20 at this time.
(b) Repairs to unstayed portions of the boiler. The steam
locomotive owner and/or operator shall perform any riveted repairs to
unstayed portions of the boiler in accordance with established railroad
practices, or an accepted national standard for boiler repairs. The
steam locomotive owner and/or operator shall satisfy reporting
requirements in Sec. 230.20 at this time.
(c) Repairs to stayed portions of the boiler. The steam locomotive
owner and/or operator shall perform riveted repairs or alterations on
stayed portions of the boiler in accordance with established railroad
practices, or an accepted national standard for boiler
[[Page 51434]]
repairs. The steam locomotive owner and/or operator shall satisfy
reporting requirements in Sec. 230.20 at this time.
Pressure Testing of Boilers
Sec. 230.35 Pressure testing.
The temperature of the steam locomotive boiler shall be raised to
at least 60 deg.F any time pressure is applied to the boiler.
Sec. 230.36 Hydrostatic testing of boilers.
(a) Time of test. The locomotive owner and/or operator shall
hydrostatically test every boiler at the following times:
(1) During the 1472 service day inspection, and at every annual
inspection thereafter;
(2) After making any alteration to the boiler;
(3) After installing a flush patch on an unstayed portion of the
boiler; and
(4) After any riveting on an unstayed portion of the boiler.
(b) Method of testing. The metal temperature of the boiler shall be
between 60 deg.F and 120 deg.F each time it is subjected to any
hydrostatic pressure. Hydrostatic testing required by these rules shall
be conducted at 25 percent above the MAWP.
(c) Internal inspection. An internal inspection of the boiler shall
be conducted following any hydrostatic test where the pressure exceeds
MAWP.
Sec. 230.37 Steam test following repairs or alterations.
Upon completion of any repair or alteration, the locomotive owner
and/or operator shall conduct a steam test of the boiler with steam
pressure raised to between 95 percent and 100 percent of the MAWP. At
this time, the boiler shall be inspected to ensure that it is in a safe
and suitable condition for service.
Staybolts
Sec. 230.38 Telltale holes.
(a) Staybolts less than 8 inches long. All staybolts shorter than 8
inches, except flexible bolts, shall have telltale holes 3/16 inch to
7/32 inch diameter and at least 1\1/4\ inches deep in the outer end.
(b) Reduced body staybolts. On reduced body staybolts, the telltale
hole shall extend beyond the fillet and into the reduced section of the
staybolt. Staybolts may have through telltale holes.
(c) Telltale holes kept open. All telltale holes, except as
provided for in Sec. 230.41, must be kept open at all times.
Sec. 230.39 Broken staybolts.
(a) Maximum allowable number of broken staybolts. No boiler shall
be allowed to remain in service with two broken staybolts located
within 24 inches of each other, as measured inside the firebox or
combustion chamber on a straight line. No boiler shall be allowed to
remain in service with more than 4 broken staybolts inside the entire
firebox and combustion chamber, combined.
(b) Staybolt replacement. Broken staybolts must be replaced during
the 31 service day inspection, if detected at that time. Broken
staybolts detected in between 31 service day inspections must be
replaced no later than 30 calendar days from the time of detection.
When staybolts 8 inches or less in length are replaced, they shall be
replaced with bolts that have telltale holes \3/16\ inch to \7/32\ inch
in diameter and at least 1\1/4\ inches deep at each end, or that have
telltale holes \3/16\ inch to \7/32\ inch in diameter their entire
length. At the time of replacement of broken staybolts, adjacent
staybolts shall be inspected.
(c) Assessment of broken staybolts. Telltale holes leaking,
plugged, or missing shall be counted as broken staybolts.
(d) Prohibited methods of closing telltale holes. Welding, forging
or riveting broken staybolt ends is prohibited as a method of closing
telltale holes.
Sec. 230.40 Time and method of staybolt testing.
(a) Time of hammer testing.--(1) General. All staybolts shall be
hammer tested at every 31 service day inspection, except as provided in
paragraph (a)(2) of this section. All staybolts also shall be hammer
tested under hydrostatic pressure any time hydrostatic pressure above
the MAWP specified on the boiler specification form (FRA Form No. 4),
is applied to the boiler. (See appendix C of this part)
(2) Exception for inaccessible staybolts. The removal of brickwork
or grate bearers for the purpose of hammer testing staybolts during
each 31 service day inspection will not be required if the staybolts
behind these structural impediments have a telltale hole \3/16\ inch to
\7/32\ inch in diameter their entire length. Whenever the brickwork or
grate bearers are removed for any other reason, however, the bolts
shall be inspected at that time.
(b) Method of hammer testing. If staybolts are tested while the
boiler contains water, the hydrostatic pressure must be not less than
95 percent of the MAWP. The steam locomotive owner and/or operator
shall tap each bolt with a hammer and determine broken bolts from the
sound or the vibration of the sheet. Whenever staybolts are tested
while the boiler is not under pressure, such as during the 31 service
day inspection, the staybolt test must be made with all the water
drained from the boiler.
Sec. 230.41 Flexible staybolts with caps.
(a) General. Flexible staybolts with caps shall have their caps
removed during every 5th annual inspection for the purpose of
inspecting the bolts for breakage, except as provided in paragraph (b)
of this section.
(b) Drilled flexible staybolts. For flexible staybolts that have
telltale holes between \3/16\ inch and \7/32\ inch in diameter, and
which extend the entire length of the bolt and into the head not less
than one third of the diameter of the head, the steam locomotive owner
and/or operator need not remove the staybolt caps if it can be
established, by an electrical or other suitable method, that the
telltale holes are open their entire length. Any leakage from these
telltale holes during the hydrostatic test indicates that the bolt is
broken and must be replaced. Before the steam locomotive is placed in
service, the inner ends of all telltale holes shall be closed with a
fireproof porous material that will keep the telltale holes free of
foreign matter and permit steam or water to exit the telltale hole when
the bolt is broken or fractured.
(c) Recordkeeping. The removal of flexible staybolt caps and other
tests shall be reported on FRA Form No. 3. (See appendix C of this
part)
(d) Testing at request of FRA inspector. Staybolt caps also shall
be removed, or any of the above tests made, whenever the FRA inspector
or the steam locomotive owner and/or operator considers it necessary
due to identifiable safety concerns about the condition of staybolts,
staybolt caps or staybolt sleeves.
Steam Gauges
Sec. 230.42 Location of gauges.
Every boiler shall have at least one steam gauge which will
correctly indicate the working pressure. The gauge shall be positioned
so that it will be kept reasonably cool and can conveniently be read by
the engine crew.
Sec. 230.43 Gauge siphon.
The steam gauge supply pipe shall have a siphon on it of ample
capacity to prevent steam from entering the gauge. The supply pipe
shall directly enter the boiler and be maintained steam tight. The
supply pipe and its connections shall be cleaned each time the gauge is
tested.
[[Page 51435]]
Sec. 230.44 Time of testing.
Steam gauges shall be tested prior to being installed or being
reapplied, during the 92 service day inspection, and whenever any
irregularity is reported.
Sec. 230.45 Method of testing.
Steam gauges shall be compared with an accurate test gauge or dead
weight tester. While under test load at the MAWP of the boiler to which
the gauge will be applied, the gauge shall be set to read that pressure
as accurately as the physical limitations of the gauge will allow.
Under test the gauge shall read within the manufacturer's tolerance at
all points on the gauge up to 25 percent above the allowed pressure. If
the manufacturer's tolerance is not known, the gauge must read within 2
percent full scale accuracy at all points on the gauge up to 25 percent
above allowed pressure.
Sec. 230.46 Badge plates.
A metal badge plate showing the allowed steam pressure shall be
attached to the boiler backhead in the cab. If boiler backhead is
lagged, the lagging and jacket shall be cut away so that the plate can
be seen.
Sec. 230.47 Boiler number.
(a) Generally. The builder's number of the boiler, if known, shall
be stamped on the steam dome or manhole flange. If the builder's number
cannot be obtained, an assigned number, which shall be used in making
out specification cards, shall be stamped on the steam dome or manhole
flange.
(b) Numbers after January 10, 1912. Numbers which are stamped after
January 10, 1912 shall be located on the front side of the steam dome
or manhole flange at the upper edge of the vertical surface, oriented
in a horizontal manner, and have figures at least \3/8\ inch high.
(c) Name of manufacturer or owner. The number shall be preceded by
the name of the manufacturer if the original number is known or the
name of the steam locomotive owner if a new number is assigned.
Safety Relief Valves
Sec. 230.48 Number and capacity.
(a) Number and capacity. Every boiler shall be equipped with at
least two safety relief valves, suitable for the service intended, that
are capable of preventing an accumulation of pressure greater than 6
percent above the MAWP under any conditions of service. An FRA
inspector may require verification of sufficient safety valve relieving
capacity.
(b) Determination of capacity. Safety relief valve capacity may be
determined by making an accumulation test with the fire in good, bright
condition and all steam outlets closed. Additional safety relief valve
capacity shall be provided if the safety relief valves allow an excess
pressure of more than 6 percent above the MAWP during this test.
Sec. 230.49 Setting of safety relief valves.
(a) Qualifications of individual who adjusts. Safety relief valves
shall be set and adjusted by a competent person who is thoroughly
familiar with the construction and operation of the valve being set.
(b) Opening pressures. At least one safety relief valve shall be
set to open at a pressure not exceeding the MAWP. Safety relief valves
shall be set to open at pressures not exceeding 6 psi above the MAWP.
(c) Setting procedures. When setting safety relief valves, two
steam gauges shall be used, one of which must be so located that it
will be in full view of the persons engaged in setting such valves; and
if the pressure indicated by the gauges varies more than 3 psi they
shall be removed from the boiler, tested, and corrected before the
safety relief valves are set. Gauges shall in all cases be tested
immediately before the safety relief valves are set or any change made
in the setting. When setting safety relief valves, the water level
shall not be higher than \3/4\ of the length of the visible water
glass, as measured from the bottom of the glass.
(d) Labeling of lowest set pressure. The set pressure of the lowest
safety relief valve shall be indicated on a tag or label attached to
the steam gauge so that it may be clearly read while observing the
steam gauge.
Sec. 230.50 Time of testing.
All safety relief valves shall be tested, and adjusted if
necessary, under steam at every 92 service day inspection, and also
when any irregularity is reported.
Water Glasses and Gauge Cocks
Sec. 230.51 Number and location.
Every boiler shall be equipped with at least two water glasses. The
lowest reading of the water glasses shall not be less than 3 inches
above the highest part of the crown sheet. If gauge cocks are used, the
reading of the lowest gauge cock shall not be less than 3 inches above
the highest part of the crown sheet.
Sec. 230.52 Water glass valves.
All water glasses shall be equipped with no more than two valves
capable of isolating the water glass from the boiler. They shall also
be equipped with a drain valve capable of evacuating the glass when it
is so isolated.
Sec. 230.53 Time of cleaning.
The spindles of all water glass valves and of all gauge cocks shall
be removed and valves and cocks thoroughly cleaned of scale and
sediment at every 31 service day inspection, and when testing indicates
that the apparatus may be malfunctioning. In addition, the top and
bottom passages of the water column shall be cleaned and inspected at
each annual inspection.
Sec. 230.54 Testing and maintenance.
(a) Testing. All water glasses must be blown out, all gauge cocks
must be tested, and all passages verified to be open at the beginning
of each day the locomotive is used, and as often as necessary to ensure
proper functioning.
(b) Maintenance. Gauge cocks, water column drain valves, and water
glass valves must be maintained in such condition that they can easily
be opened and closed by hand, without the aid of a wrench or other
tool.
Sec. 230.55 Tubular type water and lubricator glasses and shields.
(a) Water glasses. Tubular type water glasses shall be renewed at
each 92 service day inspection.
(b) Shields. All tubular water glasses and lubricator glasses must
be equipped with a safe and suitable shield which will prevent the
glass from flying in case of breakage. This shield shall be properly
maintained.
(c) Location and maintenance. Water glasses and water glass shields
shall be so located, constructed, and maintained that the engine crew
can at all times have an unobstructed view of the water in the glass
from their proper positions in the cab.
Sec. 230.56 Water glass lamps.
All water glasses must be supplied with a suitable lamp properly
located to enable the engine crew to easily see the water in the glass.
Injectors, Feedwater Pumps, and Flue Plugs
Sec. 230.57 Injectors and feedwater pumps.
(a) Water delivery systems required. Each steam locomotive must be
equipped with at least two means of delivering water to the boiler, at
least one of which is a live steam injector.
(b) Maintenance and testing. Injectors and feedwater pumps must be
kept in good condition, free from scale, and must be tested at the
beginning of each day the locomotive is used, and as often as
conditions require, to ensure that
[[Page 51436]]
they are delivering water to the boiler. Boiler checks, delivery pipes,
feed water pipes, tank hose and tank valves must be kept in good
condition, free from leaks and from foreign substances that would
obstruct the flow of water.
(c) Bracing. Injectors, feedwater pumps, and all associated piping
shall be securely braced so as to minimize vibration.
Sec. 230.58 Flue plugs.
(a) When plugging is permitted. Flues greater than 2\1/4\ inches in
outside diameter (OD) shall not be plugged. Flues 2\1/4\ inches in
outside diameter (OD) or smaller may be plugged following failure,
provided only one flue is plugged at any one time. Plugs must be
removed and proper repairs made no later than 30 days from the time the
plug is applied.
(b) Method of plugging. When used, flue plugs must be made of
steel. The flue must be plugged at both ends. Plugs must be tied
together by means of a steel rod not less than \5/8\ inch in diameter.
Fusible Plugs
Sec. 230.59 Fusible plugs.
If boilers are equipped with fusible plugs, the plugs shall be
removed and cleaned of scale each time the boiler is washed, but not
less frequently than during every 31 service day inspection. Their
removal shall be noted on the FRA Form No. 1 or FRA Form No. 3. (See
appendix C of this part)
Washing Boilers
Sec. 230.60 Time of washing.
(a) Frequency of washing. All boilers shall thoroughly be washed as
often as the water conditions require, but not less frequently than at
each 31 service day inspection. The date of the boiler wash shall be
noted on the FRA Form No. 1 or FRA Form No. 3. (See appendix C of this
part)
(b) Plug removal. All washout plugs, arch tube plugs, thermic
siphon plugs, circulator plugs and water bar plugs must be removed when
boilers are washed.
(c) Plug maintenance. All washout plugs, washout plug sleeves and
threaded openings shall be maintained in a safe and suitable condition
for service and shall be examined for defects each time the plugs are
removed.
(d) Fusible plugs cleaned. Fusible plugs shall be cleaned in
accordance with Sec. 230.59.
Sec. 230.61 Arch tubes, water bar tubes, circulators and thermic
siphons.
(a) Frequency of cleaning. Each time the boiler is washed, arch
tubes and water bar tubes shall thoroughly be cleaned mechanically,
washed, and inspected. Circulators and thermic siphons shall thoroughly
be cleaned, washed and inspected.
(b) Defects. Arch tubes and water bar tubes found blistered,
bulged, or otherwise defective shall be renewed. Circulators and
thermic siphons found blistered, bulged or otherwise defective shall be
either repaired or renewed.
(c) Method of examination. Arch tubes, water bar tubes and
circulators shall be examined using an appropriate NDE method that
accurately measures wall thickness at each annual inspection. All arch
brick shall be removed for this inspection. If any are found with wall
thickness reduced below that required to render them safe and suitable
for the service intended at the MAWP specified on the boiler
specification FRA Form No. 4, they must be replaced or repaired. (See
appendix C of this part)
Steam Pipes
Sec. 230.62 Dry pipe.
Dry pipes subject to pressure shall be examined at each annual
inspection to measure wall thickness. Dry pipes with wall thickness
reduced below that required to render the pipe suitable for the service
intended at the MAWP must be replaced or repaired.
Sec. 230.63 Smoke box, steam pipes and pressure parts.
The smoke box, steam pipes and pressure parts shall be inspected at
each annual inspection, or any other time that conditions warrant. The
individual conducting the inspection must enter the smoke box to
conduct the inspection, looking for signs of leaks from any of the
pressure parts therein and examining all draft appliances.
Steam Leaks
Sec. 230.64 Leaks under lagging.
The steam locomotive owner and/or operator shall take out of
service at once any boiler that has developed a leak under the lagging
due to a crack in the shell, or to any other condition which may reduce
safety. Pursuant to Sec. 230.29, the boiler must be repaired before
being returned to service.
Sec. 230.65 Steam blocking view of engine crew.
The steam locomotive owner and/or operator shall keep the boiler,
and its piping and appurtenances, in such repair that they do not emit
steam in a manner that obscures the engine crew's vision.
Subpart C--Steam Locomotives and Tenders
Sec. 230.66 Design, construction, and maintenance.
The steam locomotive owner and operator are responsible for the
general design, construction and maintenance of the steam locomotives
and tenders under their control.
Sec. 230.67 Responsibility for inspection and repairs.
The steam locomotive owner and/or operator shall inspect and repair
all steam locomotives and tenders under their control. All defects
disclosed by any inspection shall be repaired in accordance with
accepted industry standards, which may include established railroad
practices, before the steam locomotive or tender is returned to
service. The steam locomotive owner and/or operator shall not return
the steam locomotive or tender to service unless they are in good
condition and safe and suitable for service.
Speed Indicators
Sec. 230.68 Speed indicators.
Steam locomotives that operate at speeds in excess of 20 mph over
the general system of railroad transportation shall be equipped with
speed indicators. Where equipped, speed indicators shall be maintained
to ensure accurate functioning.
Ash Pans
Sec. 230.69 Ash pans.
Ash pans shall be securely supported from mud-rings or frames with
no part less than 2\1/2\ inches above the rail. Their operating
mechanism shall be so arranged that they may be safely operated and
securely closed.
Brake and Signal Equipment
Sec. 230.70 Safe condition.
(a) Pre-departure inspection. At the beginning of each day the
locomotive is used, the steam locomotive operator shall ensure that:
(1) The brakes on the steam locomotive and tender are in safe and
suitable condition for service;
(2) The air compressor or compressors are in condition to provide
an ample supply of air for the locomotive service intended;
(3) The devices for regulating all pressures are properly
performing their functions;
(4) The brake valves work properly in all positions; and
(5) The water has been drained from the air-brake system.
(b) Brake pipe valve required. Each steam locomotive shall have a
brake
[[Page 51437]]
pipe valve attached to the front of the tender, the rear of the back
cab wall, or adjacent to the exit of a vestibuled cab. The words
``Emergency Brake Valve'' shall be clearly displayed near the valve.
Sec. 230.71 Orifice testing of compressors.
(a) Frequency of testing. The compressor or compressors shall be
tested for capacity by orifice test as often as conditions may require,
but not less frequently than once every 92 service days.
(b) Orifice testing criteria. (1) Compressors in common use, as
listed in the following table, shall have orifice test criteria as
follows:
----------------------------------------------------------------------------------------------------------------
Air
Single Diameter of pressure
Make Compressor size strokes per orifice maintained
minute (in inches) (in pounds)
----------------------------------------------------------------------------------------------------------------
Westinghouse.............................. 9\1/2\....................... 120 \11/64\ 60
Westinghouse.............................. 11........................... 100 \3/16\ 60
Westinghouse.............................. 150 HP 8\1/2\ CC............. 100 \9/32\ 60
Westinghouse.............................. 120 LP 8\1/2\ CC............. 100 \15/64\ 60
New York.................................. 2a........................... 120 \5/32\ 60
New York.................................. 6a........................... 100 \13/64\ 60
New York.................................. 5b........................... 100 \15/64\ 60
----------------------------------------------------------------------------------------------------------------
Note: This table shall be used for altitudes to and including 1,000 feet. For altitudes over 1,000 feet the
speed of compressor may be increased 5 single strokes per minute for each 1,000 feet increase in altitude.
(2) For compressors not listed in the table in paragraph (b) (1) of
this section, the air pressure to be maintained shall be no less than
80 percent of the manufacturer's rated capacity for the compressor.
Sec. 230.72 Testing main reservoirs.
(a) Hammer and hydrostatic testing. Except as described below,
every main reservoir, except those cast integrally with the frame,
shall be hammer and hydrostatically tested during each annual
inspection. The reservoir shall be hammer tested while empty and with
no pressure applied. If no defective areas are detected, a hydrostatic
test of MAWP shall be applied.
(b) Drilling of main reservoirs. (1) Each welded main reservoir
originally constructed to withstand at least five times the MAWP may be
drilled over its entire surface with telltale holes that are 3/16 of an
inch in diameter. The holes shall be spaced not more than 12 inches
apart, measured both longitudinally and circumferentially, and drilled
from the outer surface to an extreme depth determined by the following
formula:
D=(.6PR/(S-.6P))
Where:
D = Extreme depth of telltale holes in inches but in no case less than
one-sixteenth inch;
P = certified working pressure in psi;
S = 1/5 of the minimum specified tensile strength of the material in
psi; and
R = inside radius of the reservoir in inches.
(2) One row of holes shall be drilled lengthwise of the reservoir
on a line intersecting the drain opening. When main reservoirs are
drilled as described in paragraph (b)(1) of this section, the
hydrostatic and hammer tests described in paragraph (a) of this section
are not required during the annual inspection. Whenever any telltale
hole shall have penetrated the interior of any reservoir, the reservoir
shall be permanently withdrawn from service.
(c) Welded main reservoirs without longitudinal lap seams. For
welded main reservoirs that do not have longitudinal lap seams, an
appropriate NDE method that can measure the wall thickness of the
reservoir may be used instead of the hammer test and hydrostatic test
required in paragraph (a) of this section. The spacing of the sampling
points for wall thickness shall not be greater than 12 inches
longitudinally and circumferentially. The reservoir shall permanently
be withdrawn from service where the NDE testing reveals wall thickness
less than the value determined by the following formula:
t=(PR/(S-.6P)
Where:
t = Minimum value for wall thickness;
P = Certified working pressure in psi;
S = 1/5 of the minimum specified tensile strength of the material in
psi, or 10,000 psi if the tensile strength is unknown; and
R = Inside radius of the reservoir in inches.
(d) Welded or riveted longitudinal lap seam main reservoirs. (1)
For welded or riveted longitudinal lap seam main reservoirs, an
appropriate NDE method that can measure wall thickness of the reservoir
shall be used instead of, or in addition to, the hammer test and
hydrostatic test. The spacing of the sampling points for wall thickness
shall not be greater than 12 inches longitudinally and
circumferentially. Particular care shall be taken to measure along the
longitudinal seam on both plates at an interval of no more than 6
inches longitudinally. The reservoir shall be withdrawn permanently
from service where NDE testing reveals wall thickness less than the
value determined by the following formula:
t=(PR/(0.5S-0.6P))
Where:
t = Minimum value for wall thickness;
P = Certified working pressure in psi;
S = 1/5 of the minimum specified tensile strength of the material in
psi, or 10,000 psi if the tensile strength of steel is unknown; and
R = Inside radius of the reservoir in inches.
(2) Repairs of reservoirs with reduced wall thickness are prohibited.
Sec. 230.73 Air gauges.
(a) Location. Air gauges shall be so located that they may be
conveniently read by the engineer from his usual position in the cab.
No air gauge may be more than three psi in error.
(b) Frequency of testing. Air gauges shall be tested prior to
reapplication following removal, as well as during the 92 service day
inspection and whenever any irregularity is reported.
(c) Method of testing. Air gauges shall be tested using an accurate
test gauge or dead weight tester designed for this purpose.
Sec. 230.74 Time of cleaning.
All valves in the air brake system, including related dirt
collectors and filters, shall be cleaned and tested in accordance with
accepted brake equipment manufacturer's specifications, or as often as
conditions require to maintain them in a safe and suitable condition
for service, but not less frequently than after 368 service days or
during the second annual inspection, whichever occurs first.
[[Page 51438]]
Sec. 230.75 Stenciling dates of tests and cleaning.
The date of testing and cleaning, and the initials of the shop or
station at which the work is done, shall legibly be stenciled in a
conspicuous place on the tested parts, or placed on a card displayed
under a transparent cover in the cab of the steam locomotive.
Sec. 230.76 Piston travel.
(a) Minimum piston travel. The minimum piston travel shall be
sufficient to provide proper brake shoe clearance when the brakes are
released.
(b) Maximum piston travel. The maximum piston travel when steam
locomotive is standing shall be as follows:
------------------------------------------------------------------------
Maximum
piston
Type of wheel brake travel
(in
inches)
------------------------------------------------------------------------
Cam Type Driving Wheel Brake.................................. 3\1/2\
Other forms of Driving Wheel Brake............................ 6
Engine Truck Brake............................................ 8
Tender Brake.................................................. 9
------------------------------------------------------------------------
Sec. 230.77 Foundation brake gear.
(a) Maintenance. Foundation brake gear shall be maintained in a
safe and suitable condition for service. Levers, rods, brake beams,
hangers, and pins shall be of ample strength, and shall not be fouled
in any way which will affect the proper operation of the brake. All
pins shall be properly secured in place with cotter pine, split keys,
or nuts. Brake shoes must be properly applied and kept approximately in
line with the tread of the wheel.
(b) Distance above the rails. No part of the foundation brake gear
of the steam locomotive or tender shall be less than 2\1/2\ inches
above the rails.
Sec. 230.78 Leakage.
(a) Main reservoirs and related piping. Leakage from main reservoir
and related piping shall be tested at every 92 service day inspection
and shall not exceed an average of 3 psi per minute in a test of 3
minutes duration that is made after the pressure has been reduced to 60
percent of the maximum operating pressure.
(b) Brake cylinders. Leakage from brake cylinders shall be tested
at every 92 service day inspection. With a full service application
from maximum brake pipe pressure, and with communication to the brake
cylinders closed, the brakes on the steam locomotive and tender must
remain applied for a minimum of 5 minutes.
(c) Brake pipes. Steam locomotive brake pipe leakage shall be
tested at the beginning of each day the locomotive is used, and shall
not exceed 5 psi per minute.
Sec. 230.79 Train signal system.
Where utilized, the train signal system, or any other form of on-
board communication, shall be tested and known to be in safe and
suitable condition for service at the beginning of each day the
locomotive is used.
Cabs, Warning Signals, Sanders and Lights
Sec. 230.80 Cabs.
(a) General provisions. Cabs shall be securely attached or braced
and maintained in a safe and suitable condition for service. Cab
windows of steam locomotives shall provide an undistorted view of the
track and signals for the crew from their normal position in the cab.
Cab floors shall be kept free of tripping or slipping hazards. The cab
climate shall be maintained to provide an environment that does not
unreasonably interfere with the engine crew's performance of their
duties under ordinary conditions of service.
(b) Steam pipes. Steam pipes shall not be fastened to the cab. New
construction or renewals made of iron or steel pipe greater than \1/8\
inch NPS that are subject to boiler pressure in cabs shall have a
minimum wall thickness equivalent to schedule 80 pipe, with properly
rated valves and fittings. Live steam heating radiators must not be
fastened to the cab. Exhaust steam radiators may be fastened to the
cab.
(c) Oil-burning steam locomotives. If the cab is enclosed, oil
burning steam locomotives that take air for combustion through the
fire-door opening shall have a suitable conduit extending from the
fire-door to the outside of the cab.
Sec. 230.81 Cab aprons.
(a) General provisions. Cab aprons shall be of proper length and
width to ensure safety. Cab aprons shall be securely hinged, maintained
in a safe and suitable condition for service, and roughened, or other
provision made, to afford secure footing.
(b) Width of apron. The cab apron shall be of a sufficient width to
prevent, when the drawbar is disconnected and the safety chains or the
safety bars are taut, the apron from dropping between the steam
locomotive and tender.
Sec. 230.82 Fire doors and mechanical stokers.
(a) General provisions. Each steam locomotive shall have a fire
door which shall latch securely when closed and which shall be
maintained in a safe and suitable condition for service. Fire doors on
all oil-burning locomotives shall be latched securely with a pin or
key.
(b) Mechanically operated fire doors. Mechanically operated fire
doors shall be so constructed and maintained that they may be operated
by pressure of the foot on a pedal, or other suitable appliance,
located on the floor of the cab or tender at a suitable distance from
the fire door, so that they may be conveniently operated by the person
firing the steam locomotive.
(c) Hand-operated doors. Hand operated fire doors shall be so
constructed and maintained that they may be conveniently operated by
the person firing the steam locomotive.
Sec. 230.83 Cylinder cocks.
Each steam locomotive shall be equipped with cylinder cocks which
can be operated from the cab of the steam locomotive. All cylinder
cocks shall be maintained in a safe and suitable condition for service.
Sec. 230.84 Sanders.
Steam locomotives shall be equipped with operable sanders that
deposit sand on the rail head in front of a set of driving wheels.
Sanders shall be tested at the beginning of each day the locomotive is
used.
Sec. 230.85 Audible warning device.
(a) General provisions. Each steam locomotive shall be equipped
with an audible warning device that produces a minimum sound level of
96db(A) at 100 feet in front of the steam locomotive in its direction
of travel. The device shall be arranged so that it may conveniently be
operated by the engineer from his normal position in the cab.
(b) Method of measurement. Measurement of the sound level shall be
made using a sound level meter conforming, at a minimum, to the
requirements of ANSI S1.4-1971, Type 2, and set to an A-weighted slow
response. While the steam locomotive is on level, tangent track, the
microphone shall be positioned 4 feet above the ground at the center
line of the track and shall be oriented with respect to the sound
source in accordance with the microphone manufacturer's
recommendations.
Sec. 230.86 Required illumination.
(a) General provisions. Each steam locomotive used between sunset
and sunrise shall be equipped with an operable headlight that provides
illumination sufficient for a steam locomotive engineer in the cab to
see, in a clear atmosphere, a dark object as large as a man of average
size standing at least 800 feet ahead and in front of
[[Page 51439]]
such headlight. If a steam locomotive is regularly required to run
backward for any portion of its trip other than to pick up a detached
portion of its train or to make terminal movements, it shall also be
equipped on its rear end with an operable headlight that is capable of
providing the illumination described in this paragraph (a).
(b) Dimming device. Such headlights shall be provided with a device
whereby the light from same may be diminished in yards and at stations
or when meeting trains.
(c) Where multiple locomotives utilized. When two or more steam
locomotives are used in the same train, the leading steam locomotive
only will be required to display a headlight.
Sec. 230.87 Cab lights.
Each steam locomotive shall have cab lights that sufficiently
illuminate the control instruments, meters and gauges to enable the
engine crew to make accurate readings from their usual and proper
positions in the cab. These lights shall be so located and constructed
that the light will shine only on those parts requiring illumination
and does not interfere with the engine crew's vision of the track and
signals. Each steam locomotive shall also have a conveniently located
additional lamp that can be readily turned on and off by the persons
operating the steam locomotive, and that provides sufficient
illumination for them to read train orders and timetables.
Throttle and Reversing Gear
Sec. 230.88 Throttles.
Throttles shall be maintained in safe and suitable condition for
service, and efficient means provided to hold the throttle lever in any
desired position.
Sec. 230.89 Reverse gear.
(a) General provisions. Reverse gear, reverse levers, and quadrants
shall be maintained in a safe and suitable condition for service.
Reverse lever latch shall be so arranged that it can be easily
disengaged, and provided with a spring which will keep it firmly seated
in quadrant. Proper counterbalance shall be provided for the valve
gear.
(b) Air-operated power reverse gear. Steam locomotives that are
equipped with air operated power reverse gear shall be equipped with a
connection whereby such gear may be operated by steam or by an
auxiliary supply of air in case of failure of the main reservoir air
pressure. The operating valve handle for such connection shall be
conveniently located in the cab of the locomotive and shall be plainly
marked. If an independent air reservoir is used as the source of the
auxiliary supply for the reverse gear, it shall be provided with means
to automatically prevent loss of pressure in event of failure of the
main reservoir air pressure.
(c) Power reverse gear reservoirs. Power reverse gear reservoirs,
if provided, must be equipped with the means to automatically prevent
the loss of pressure in the event of a failure of main air pressure and
have storage capacity for not less than one complete operating cycle of
control equipment.
Draw Gear and Draft Systems
Sec. 230.90 Draw gear between steam locomotive and tender.
(a) Maintenance and testing. The draw gear between the steam
locomotive and tender, together with the pins and fastenings, shall be
maintained in safe and suitable condition for service. The pins and
drawbar shall be removed and tested for defects using an appropriate
NDE method at every annual inspection. Where visual inspection does not
disclose any defects, an additional NDE testing method shall be
employed. Suitable means for securing the drawbar pins in place shall
be provided. Inverted drawbar pins shall be held in place by plate or
stirrup.
(b) Safety bars and chains generally. One or more safety bar(s) or
two or more safety chains shall be provided between the steam
locomotive and tender. The combined strength of the safety chains or
safety bar(s) and their fastenings shall be not less than 50 percent of
the strength of the drawbar and its connections. These shall be
maintained in safe and suitable condition for service, and inspected at
the same time draw gear is inspected.
(c) Minimum length of safety chains or bars. Safety chains or
safety bar(s) shall be of the minimum length consistent with the
curvature of the railroad on which the steam locomotive is operated.
(d) Lost motion. Lost motion between steam locomotives and tenders
not equipped with spring buffers shall be kept to a minimum and shall
not exceed \1/2\ inch.
(e) Spring buffers. When spring buffers are used between steam
locomotives and tenders the spring shall be applied with not less than
\3/4\ inch compression, and shall at all times be under sufficient
compression to keep the chafing faces in contact.
Sec. 230.91 Chafing irons.
Chafing irons that permit proper curving shall be securely attached
to the steam locomotive and tender, and shall be maintained to permit
lateral and vertical movement.
Sec. 230.92 Draw gear and draft systems.
Couplers, draft gear and attachments on steam locomotives and
tenders shall be securely fastened, and maintained in safe and suitable
condition for service.
Driving Gear
Sec. 230.93 Pistons and piston rods.
(a) Maintenance and testing. Pistons and piston rods shall be
maintained in safe and suitable condition for service. Piston rods
shall be inspected for cracks each time they are removed, and shall be
renewed if found defective.
(b) Fasteners. Fasteners (keys, nuts, etc.) shall be kept tight and
shall have some means to prevent them from loosening or falling out of
place.
Sec. 230.94 Crossheads.
Crossheads shall be maintained in a safe and suitable condition for
service, with not more than \1/4\ inch vertical or \5/16\ inch lateral
clearance between crossheads and guides.
Sec. 230.95 Guides.
Guides shall be securely fastened and maintained in a safe and
suitable condition for service.
Sec. 230.96 Main, side, and valve motion rods.
(a) General. Main, side or valve motion rods developing cracks or
becoming otherwise defective shall be removed from service immediately
and repaired or renewed.
(b) Repairs. Repairs, and welding, of main, side or valve motion
rods shall be made in accordance with an accepted national standard.
The steam locomotive owner and/or operator shall submit a written
request for approval to the FRA Regional Administrator prior to welding
defective main rods, side rods, and valve gear components.
(c) Bearings and bushings. Bearings and bushings shall so fit the
rods as to be in a safe and suitable condition for service, and means
shall be provided to prevent bushings from turning in the rod. Straps
shall fit and be securely bolted to rods. Floating bushings need not be
provided with means to prevent bushings from turning.
(d) Side motion of rods. The total amount of side motion of each
rod on its crank pin shall not exceed \1/4\ inch.
(e) Oil and grease cups. Oil and grease cups shall be securely
attached to rods, and grease cup plugs shall be equipped with a
suitable fastening that will prevent them from being ejected.
(f) Main rod bearings. The bore of main rod bearings shall not
exceed pin diameters more than \3/32\ inch at front or back end. The
total lost motion at both ends shall not exceed \5/32\ inch.
[[Page 51440]]
(g) Side rod bearings. The bore of side rod bearings shall not
exceed pin diameters more than \5/32\ inch on main pin nor more than
\3/16\ inch on other pins.
Sec. 230.97 Crank pins.
(a) General provisions. Crank pins shall be securely applied.
Securing the fit of a loose crank pin by shimming, prick punching, or
welding is not permitted.
(b) Maintenance. Crank pin collars and collar fasteners shall be
maintained in a safe and suitable condition for service.
Running Gear
Sec. 230.98 Driving, trailing, and engine truck axles.
(a) Condemning defects. Driving, trailing, and engine truck axles
with any of the following defects shall be removed from service
immediately and repaired, see appendix B of this part for inspection
requirements:
(1) Bent axle;
(2) Cut journals that cannot be made to run cool without turning;
(3) Transverse seams in iron or steel axles;
(4) Seams in axles causing journals to run hot;
(5) Axles that are unsafe on account of usage, accident or
derailment;
(6) Any axle worn \1/2\ inch or more in diameter below the
original/new journal diameter, except as provided in paragraph (a)(7)
of this section;
(7) Any driving axles other than main driving axles with an
original or new diameter greater than 6 inches that are worn \3/4\ inch
or more in diameter below the original/new diameter.
(b) Journal diameter stamped. For steam locomotives with plain
bearings, the original/new journal diameter shall be stamped on one end
of the axle by [5 years after effective date of the final rule].
Sec. 230.99 Tender truck axles.
The minimum diameters of axles for various axle loads shall be as
follows:
------------------------------------------------------------------------
Minimum Minimum
diameter Minimum diameter
of diameter of
Axle load (in pounds) journal of wheel center
(in seat (in (in
inches) inches) inches)
------------------------------------------------------------------------
50000..................................... 5\1/2\ 7\3/8\ 6\7/16\
38000..................................... 5 6\3/4\ 5\7/8\
31000..................................... 4\1/2\ 6\1/4\ 5\5/16\
22000..................................... 3\3/4\ 5 4\3/8\
15000..................................... 3\1/4\ 4\5/8\ 3\7/8\
------------------------------------------------------------------------
Sec. 230.100 Defects in tender truck axles and journals.
(a) Tender truck axle condemning defects. Tender truck axles with
any of the following defects shall be removed from service immediately
and repaired:
(1) Axles that are bent;
(2) Collars that are broken, cracked, or worn to \1/4\ inch or less
in thickness;
(3) Truck axles that are unsafe on account of usage, accident, or
derailment;
(4) A fillet in the back shoulder that is worn out; or
(5) A gouge between the wheel seats that is more than \1/8\ of an
inch in depth.
(b) Tender truck journal condemning defects. Tender truck journals
with any of the following defects shall be removed from service
immediately and repaired :
(1) Cut journals that cannot be made to run cool without turning;
(2) Seams in axles causing journals to run hot;
(3) Overheating, as evidenced by pronounced blue black
discoloration;
(4) Transverse seams in journals of iron or steel axles; or
(5) Journal surfaces having any of the following:
(i) A circumferential score;
(ii) Corrugation;
(iii) Pitting;
(iv) Rust; or (v) Etching.
Sec. 230.101 Steam locomotive driving journal boxes.
(a) Driving journal boxes. Driving journal boxes shall be
maintained in a safe and suitable condition for service. Not more than
one shim may be used between the box and bearing.
(b) Broken bearings. Broken bearings shall be renewed.
(c) Loose bearings. Loose bearings shall be repaired or renewed.
Sec. 230.102 Tender plain bearing journal boxes.
Plain bearing journal boxes with the following defects shall be
removed from service immediately and repaired:
(a) A box that does not contain visible free oil;
(b) A box lid that is missing, broken, or open except to receive
servicing;
(c) A box containing foreign matter, such as dirt, sand, or coal
dust that can reasonably be expected to damage the bearing; or have a
detrimental effect on the lubrication of the journal and bearing;
(d) A lubricating pad that:
(1) Is missing;
(2) Is not in contact with the journal;
(3) Has a tear extending half the length or width of the pad, or
more, except by design;
(4) Shows evidence of having been scorched, burned, or glazed;
(5) Contains decaying or deteriorated fabric that impairs proper
lubrication of the pad;
(6) Has an exposed center core (except by design); or
(7) Has metal parts contacting the journal;
(e) A plain bearing that:
(1) Is missing, cracked, broken;
(2) Has a bearing liner loose;
(3) Has a broken out piece; or
(4) Has indications of having been overheated, as evidenced by:
(i) Melted babbitt:
(ii) Smoke from hot oil; or
(iii) Journal surface damage; or
(f) A plain bearing wedge that:
(1) Is missing, cracked or broken; or
(2) Is not located in its design position.
Sec. 230.103 Tender roller bearing journal boxes.
Tender roller bearing journal boxes shall be maintained in a safe
and suitable condition.
Sec. 230.104 Driving box shoes and wedges.
Driving box shoes and wedges shall be maintained in a safe and
suitable condition for service.
Sec. 230.105 Lateral motion.
(a) Condemning limits. The total lateral motion or play between the
hubs of the wheels and the boxes on any pair of wheels shall not exceed
the following limits:
Engine truck wheels (with swing centers)............................1''
Engine truck wheels (with rigid centers).......................1\1/2\''
Trailing truck wheels...............................................1''
Driving wheels..................................................\3/4\''
(b) Limits increased. These limits may be increased on steam
locomotives operating on track where the curvature exceeds 20 degrees
when it can be shown that conditions require additional lateral motion.
(c) Non-interference with other parts. The lateral motion shall in
all cases be kept within such limits that the driving wheels, rods, or
crank pins will not interfere with other parts of the steam locomotive.
Trucks, Frames and Equalizing System
Sec. 230.106 Steam locomotive frame.
(a) Maintenance and inspection. Frames, decks, plates, tailpieces,
pedestals, and braces shall be maintained in a safe and suitable
condition for service, and shall be cleaned and thoroughly inspected
each time the steam locomotive is in shop for heavy repairs.
[[Page 51441]]
(b) Broken frames. Broken frames properly patched or secured by
clamps or other suitable means which restores the rigidity of the frame
are permitted.
Sec. 230.107 Tender frame and body.
(a) Maintenance. Tender frames shall be maintained in a safe and
suitable condition for service.
(b) Height difference. The difference in height between the deck on
the tender and the cab floor or deck on the steam locomotive shall not
exceed 1\1/2\ inches.
(c) Gangway minimum width. The minimum width of the gangway between
steam locomotive and tender, while standing on tangent track, shall be
16 inches.
(d) Tender frame condemning defects. A tender frame with any of the
following defects shall be removed from service immediately and
repaired:
(1) Portions of the tender frame or body (except wheels) that have
less than a 2\1/2\ inches clearance from the top of rail;
(2) Tender center sill that is broken, cracked more than 6 inches,
or permanently bent or buckled more than 2\1/2\ inches in any six foot
length;
(3) Tender coupler carrier that is broken or missing;
(4) Tender center plate, any portion of which is missing or broken
or that is not properly secured; or
(5) Tender that has a broken side sill, crossbearer, or body
bolster.
Sec. 230.108 Steam locomotive leading and trailing trucks.
(a) Maintenance. Trucks shall be maintained in safe and suitable
condition for service. Center plates shall fit properly, and the male
center plate shall extend into the female center plate not less than
\3/4\ inch. All centering devices shall be properly maintained and
shall not permit lost motion in excess of \1/2\ inch.
(b) Safety chain required. A suitable safety chain shall be
provided at each front corner of all four wheel engine trucks.
(c) Clearance required. All parts of trucks shall have sufficient
clearance to prevent them from interfering with any other part of the
steam locomotive.
Sec. 230.109 Tender trucks.
(a) Tender truck frames. A tender truck frame shall not be broken,
or have a crack in a stress area that affects its structural integrity.
Tender truck center plates shall be securely fastened, maintained in a
safe and suitable condition for service, and provided with a center pin
properly secured. The male center plate must extend into the female
center plate at least \3/4\ inch. Shims may be used between truck
center plates.
(b) Tender truck bolsters. Truck bolsters shall be maintained
approximately level.
(c) Condemning defects for springs or spring rigging. Springs or
spring rigging with any of the following defects shall be taken out of
service immediately and renewed or properly repaired:
(1) An elliptical spring with its top (long) leaf or any other five
leaves in the entire spring pack broken;
(2) A broken coil spring or saddle;
(3) A coil spring that is fully compressed;
(4) A broken or cracked equalizer, hanger, bolt, gib or pin;
(5) A broken coil spring saddle; and
(6) A semi-elliptical spring with a top (long) leaf broken or two
leaves in the top half broken, or any three leaves in the entire spring
broken.
(d) Tender securing arrangement. Each tender shall have a device or
securing arrangement to prevent the truck and tender body from
separating in case of derailment. This arrangement shall be maintained
in a safe and suitable condition for service.
(e) Side bearings and truck centering devices. Where equipped, side
bearings and truck centering devices shall be maintained in a safe and
suitable condition for service.
(f) Friction side bearings. Friction side bearings shall not be run
in contact, and shall not be considered to be in contact if there is
clearance between them on either side when measured on tangent level
track.
(g) Side bearings. All rear trucks shall be equipped with side
bearings.
When the spread of side bearings is 50 inches, their maximum
clearance shall be \3/8\ inch on each side for rear trucks and \3/4\
inch on each side for front trucks, where used. When the spread of the
side bearings is increased, the maximum clearance shall be increased
proportionately.
Sec. 230.110 Pilots.
(a) General provisions. Pilots shall be securely attached, properly
braced, and maintained in a safe and suitable condition for service.
(b) Minimum And maximum clearance. The minimum clearance of pilot
above the rail shall be 3 inches and the maximum clearance shall be 6
inches measured on tangent level track.
Sec. 230.111 Spring rigging.
(a) Arrangement of springs and equalizers. Springs and equalizers
shall be arranged to ensure the proper distribution of weight to the
various wheels of the steam locomotive, maintained approximately level
and in a safe and suitable condition for service. Adjusting weights by
shifting weights from one pair of wheels to another is permissible.
(b) Spring or spring rigging condemning defects. Springs or spring
rigging with any of the following defects shall be removed from service
immediately and renewed or properly repaired:
(1) Top leaf broken or two leaves in top half or any three leaves
in spring broken. (The long side of a spring to be considered the top.)
Broken springs not exceeding these requirements may be repaired by
applying clips providing the clips can be made to remain in place;
(2) Any spring with leaves excessively shifting in the band;
(3) Broken coil springs; or
(4) Broken driving box saddle, equalizer, hanger, bolt, or pin.
Wheels and Tires
Sec. 230.112 Wheels and tires.
(a) Mounting. Wheels shall be securely mounted on axles. Prick
punching or shimming the wheel fit will not be permitted. The diameter
of wheels on the same axle shall not vary more than \3/32\ inch.
(b) Gage. Wheels used on standard gage track will be out of gage if
the inside gage of flanges, measured on base line is less than 53
inches or more than 53\3/8\ inches. Wheels used on less than standard
gage track will be out of gage if the inside gage of flanges, measured
on base line, is less than the relevant track gage less 3\1/2\ inches
or more than the relevant track gage less 3\1/8\ inches.
(c) Flange distance variance. The distance back to back of flanges
of wheels mounted on the same axle shall not vary more than \1/4\ inch.
(d) Tire thickness. Wheels may not have tires with a minimum
thickness less than that indicated in the table in this paragraph (d).
When retaining rings are used, measurements of tires to be taken from
the outside circumference of the ring, and the minimum thickness of
tires may be as much below the limits specified earlier in this
paragraph (d) as the tires extend between the retaining rings, provided
it does not reduce the thickness of the tire to less than 1\1/8\ inches
from the throat of flange to the counterbore for the retaining rings.
The required minimum thickness for tires, by wheel center diameter and
weight per axle, is as follows:
[[Page 51442]]
------------------------------------------------------------------------
Weight per axle (weight on Minimum
drivers divided by number of Diameter of wheel center thickness
pairs of driving wheels) (inches) (inches)
------------------------------------------------------------------------
30,000 pounds and under......... 44 and under............. 1\1/4\
Over 44 to 50............ 1\5/16\
Over 50 to 56............ 1\3/8\
Over 56 to 62............ 1\7/16\
Over 62 to 68............ 1\1/2\
Over 68 to 74............ 1\9/16\
Over 74.................. 1\5/8\
Over 30,000 to 35,000 pounds.... 44 and under............. 1\5/16\
Over 44 to 50............ 1\3/8\
Over 50 to 56............ 1\7/16\
Over 56 to 62............ 1\1/2\
Over 62 to 68............ 1\9/16\
Over 68 to 74............ 1\5/8\
Over 74.................. 1\11/16\
Over 35,000 to 40,000 pounds.... 44 and under............. 1\3/8\
Over 44 to 50............ 1\7/16\
Over 50 to 56............ 1\1/2\
Over 56 to 62............ 1\9/16\
Over 62 to 68............ 1\5/8\
Over 68 to 74............ 1\11/16\
Over 74.................. 1\3/4\
Over 40,000 to 45,000 pounds.... 44 and under............. 1\7/16\
Over 44 to 50............ 1\1/2\
Over 50 to 56............ 1\9/16\
Over 56 to 62............ 1\5/8\
Over 62 to 68............ 1\11/16\
Over 68 to 74............ 1\3/4\
Over 74.................. 1\13/16\
Over 45,000 to 50,000 pounds.... 44 and under............. 1\1/2\
Over 44 to 50............ 1\9/16\
Over 50 to 56............ 1\5/8\
Over 56 to 62............ 1\11/16\
Over 62 to 68............ 1\3/4\
Over 68 to 74............ 1\13/16\
Over 74.................. 1\7/8\
Over 50,000 to 55,000 pounds.... 44 and under............. 1\9/16\
Over 44 to 50............ 1\5/8\
Over 50 to 56............ 1\11/16\
Over 56 to 62............ 1\3/4\
Over 62 to 68............ 1\13/16\
Over 68 to 74............ 1\7/8\
Over 74.................. 1\15/16\
Over 55,000 pounds.............. 44 and under............. 1\5/8\
Over 44 to 50............ 1\11/16\
Over 50 to 56............ 1\3/4\
Over 56 to 62............ 1\13/16\
Over 62 to 68............ 1\7/8\
Over 68 to 74............ 1\15/16\
Over 74.................. 2
------------------------------------------------------------------------
(e) Tire width. Flanged tires shall be no less than 5\1/2\ inches
wide for standard gage and no less than 5 inches wide for narrow gage.
Plain tires shall be no less than 6 inches wide for standard gage and
no less than 5\1/2\ inches wide for narrow gage.
Sec. 230.113 Wheels and tire defects.
Steam locomotive and tender wheels or tires developing any of the
defects listed in this section shall be removed from service
immediately and repaired. Except as provided in Sec. 230.114, welding
on wheels and tires is prohibited. A wheel that has been welded is a
welded wheel for the life of the wheel.
(a) Cracks or breaks. Wheels and tires may not have a crack or
break in the flange, tread, rim, plate, hub or brackets.
(b) Flat spots. Wheels and tires may not have a single flat spot
that is 2\1/2\ inches or more in length, or two adjoining spots that
are each two or more inches in length.
(c) Chipped flange. Wheels and tires may not have a gouge or chip
in the flange that is more than 1\1/2\ inches in length and \1/2\ inch
in width.
(d) Broken rims. Wheels and tires may not have a circumferentially
broken rim if the tread, measured from the flange at a point \5/8\ inch
above the tread, is less than 3\3/4\ inches in width.
(e) Shelled-out spots. Wheels and tires may not have a shelled-out
spot 2\1/2\ inches or more in length, or two adjoining spots that are
each two or more inches in length, or so numerous as to endanger the
safety of the wheel.
(f) Seams. Wheels and tires may not have a seam running lengthwise
that is within 3\3/4\ inches of the flange.
(g) Worn flanges. Wheels and tires may not have a flange worn to a
\15/16\ inch thickness or less, as measured at a point \3/8\ inch above
the tread.
(h) Worn treads. Wheels and tires may not have a tread worn hollow
\5/16\ inch or more.
(i) Flange height. Wheels and tires may not have a flange height of
less than
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1 inch nor more than 1\1/2\ inches, as measured from the tread to the
top of the flange.
(j) Rim thickness. Wheels may not have rims less than 1 inch thick.
(k) Wheel diameter. Wheels may not have wheel diameter variance,
for wheels on the same axle or in the same driving wheel base, greater
than \3/32\ inch, when all tires are turned or new tires applied to
driving and trailing wheels. When a single tire is applied the diameter
must not vary more than \3/32\ inch from that of the opposite wheel on
the same axle. When a single pair of tires is applied the diameter must
be within \3/32\ inch of the average diameter of the wheels in the
driving wheel base to which they are applied.
Sec. 230.114 Wheel centers.
(a) Filling blocks and shims. Driving and trailing wheel centers
with divided rims shall be properly fitted with iron or steel filling
blocks before the tires are applied, and such filling blocks shall be
properly maintained. When shims are inserted between the tire and the
wheel center, not more than two thicknesses of shims may be used, one
of which must extend entirely around the wheel. The shim which extends
entirely around the wheel may be in three or four pieces, providing
they do not lap.
(b) Wheel center condemning defects. Wheel centers with any of the
following defects shall be removed from service immediately and
repaired:
(1) Wheels centers loose on axle;
(2) Broken or defective tire fastenings;
(3) Broken or cracked hubs, plates, bolts or spokes, except as
provided in paragraph (b)(4) of this section; or (4) Driving or
trailing wheel center with three adjacent spokes or 25 percent or more
of the spokes in the wheel broken.
(c) Wheel center repairs. Wheel centers may be repaired by welding
or brazing provided that the defect can properly be so repaired and,
following the repair, the crankpin and axle shall remain tight in the
wheel. Banding of the hub is permitted.
(d) Counterbalance maintenance. Wheel counterbalances shall be
maintained in a safe and suitable condition for service.
Steam Locomotive Tanks
Sec. 230.115 Feed water tanks.
(a) General provisions. Tanks shall be maintained free from leaks,
and in safe and suitable condition for service. Suitable screens must
be provided for tank wells or tank hose and shall be maintained in a
manner that allows the unobstructed flow of water. Feed water tanks
shall be equipped with a device that permits the measurement of the
quantity of water in the tender feed water tank from the cab or tender
deck of the steam locomotive. Such device shall be properly maintained.
(b) Inspection frequency. As often as conditions warrant but not
less frequently than every 92 service days, the interior of the tank
shall be inspected, and cleaned if necessary.
(c) Top of tender. Top of tender behind fuel space shall be kept
clean, and means provided to carry off excess water. Suitable covers
shall be provided for filling holes.
Sec. 230.116 Oil tanks.
The oil tanks on oil burning steam locomotives shall be maintained
free from leaks. The oil supply pipe shall be equipped with a safety
cut-off device that:
(a) Is located adjacent to the fuel supply tank or in another safe
location;
(b) Closes automatically when tripped and that can be reset without
hazard; and
(c) Can be hand operated from clearly marked locations, one inside
the cab and one accessible from the ground on each exterior side of the
steam locomotive.
Appendix A to Part 230--FRA's Exercise of Jurisdiction Over Tourist
and Historic Railroads
1. Basic Statutory Concept. FRA's authority to regulate
railroads arises from Title 49 of the United States Code section
20103 which gives the agency plenary authority over ``every area of
railroad safety.'' 49 U.S.C. 20103. ``Railroad'' is defined by
statute as ``all forms of non-highway ground transportation that run
on rails or electromagnetic guideways * * *.'' 49 U.S.C. 20102(1).
The definition excludes only rapid transit systems that operate in
urban areas and are not connected to the general railroad system of
transportation.1 ``Railroad carrier'' is defined by the
statute as ``a person providing railroad transportation.'' 49 U.S.C.
20102(2). For resource and policy reasons, FRA does not extend the
reach of most of its regulations as far as the statute permits. (See
49 CFR Part 209, Appendix A.) In an effort to clarify the proper
extent of the exercise of FRA's jurisdiction, FRA has recently
settled on several principles that it will use as guidelines.
---------------------------------------------------------------------------
\1\ ``General railroad system of transportation'' is defined at
49 CFR Part 209, Appendix A as: ``the network of standard gage
railroads over which the interchange of goods and passengers
throughout the nation is possible.''
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2. Programatic Approach. FRA will exercise jurisdiction over all
tourist operations, whether or not they operate over the general
railroad system, except those that are (1) less than 24 inches in
gage and/or (2) insular. Operations with less than 24-inch gage have
never been considered railroads under the Federal railroad safety
laws and are generally considered miniature or imitation railroads.
FRA will consider a tourist operation insular if its operations are
limited to a separate enclave in such a way that there is no
reasonable expectation that the safety of any member of the public--
except a business guest, a licensee of the tourist operation or an
affiliated entity, or a trespasser--would be affected by the
operation. An operation will not be considered insular if one or
more of the following exists on its line: a public highway-rail
crossing that is in use; an at-grade rail crossing that is in use; a
bridge over a public road or waters used for commercial navigation;
or a common corridor with a railroad, i.e., its operations are
within 30 feet (track centers) of those of any railroad. Thus, the
mere fact that a tourist operation is not connected to the general
railroad system would not make it insular under these criteria.
While these criteria will tend to sort out the insular theme parks
and museums, there will still be a need to do case-by-case analysis
in some close situations.
3. How the Safety Regulations Apply. If the railroad operates on
the general system, all statutes and regulations apply unless and
until any appropriate waiver has been applied for and granted. Of
course, FRA generally lacks authority to waive statutory
requirements. However, note that a mere physical connection to a
general system railroad does not necessarily make the tourist or
historic railroad part of the general system, unless its operations
extend onto the general system or the connecting general system
railroad operates on its property. The fact that the tourist or
historic railroad acts as a shipper or consignee of rail rolling
stock delivered from or to the connecting railroad does not make the
shipper/consignee a general system railroad, so long as the two
operations are kept physically separate to ensure safety. FRA
Regional Administrators are authorized to evaluate means of
separating tourist and historic railroads from the general system so
as to ensure no interference between freight and passenger
operations. Examples might include use of a locked derail, locked or
spiked switch, or temporary removal of a section of rail when
tourist or historic passenger operations are being conducted. Some
railroads are neither insular nor part of the general system (i.e.,
stand-alone lines with no freight traffic). For these railroads,
only the following regulations and statutory provisions apply: (a)
49 U.S.C. 20102, 20301, 20302, 20502-20505, 20902, 21302, 21304
(formerly 45 U.S.C. 1, 2, 4, 9, 11 of the Safety Appliance Act and
45 U.S.C. 22 of the Locomotive Inspection Act); (b) Federal signal
inspection laws, 49 U.S.C. 20102, 20502-20505, 20902, 21302, 21304;
(c) Hazardous materials regulations (49 CFR Parts 171-179); (d)
FRA's procedural regulations at 49 CFR Parts 209, 211, and 216; (e)
Noise emission regulations (49 CFR Part 210); but note that the
regulations do NOT apply to steam locomotives; (f) Freight car
safety standards (49 CFR Part 215) applicable only to standard gage
lines; (g) Accident/incident reporting regulations (49 CFR Part
225); (h) Hours of Service restrictions on duty hours (but NOT
reporting or record keeping); (i) Steam locomotive inspection
regulations (49 CFR
[[Page 51444]]
Part 230); (j) Grade crossing signal system safety regulations (49
CFR Part 234); and (k) All general power and enforcement provisions
of the rail safety statutes (e.g., subpoena authority, civil penalty
authority, disqualification authority, and emergency order
authority). Thus, there are many FRA regulations that do not
presently apply to tourist railroads that are not operated over the
general system. However, FRA's emergency order authority permits it
to address a true safety emergency arising from conditions (e.g.,
the proper functioning of air brakes) covered by those regulations
or any other regulations (e.g., the track safety standards) that do
not apply outside of the general system. Thus, even off-the-system
tourist railroads should understand that FRA has jurisdiction to
inspect their operations and to take emergency action if those
operations pose an imminent hazard of death or injury.
Appendix B to Part 230--Inspection Requirements
The lists in this appendix are intended as guidance only.
Adherence to this list does not relieve the steam locomotive owner
and/or operator of responsibility for either: (1) completing the
inspection and maintenance requirements described in this part; or
(2) ensuring that the steam locomotive, tender and its parts and
appurtenances are safe and suitable for service.
Daily Inspection Requirements; Sec. 230.13
1. Observance of lifting pressure of the lowest safety valve.
2. Testing of water glasses and gauge cocks.*
3. Inspection of tubular water glass shields.
4. Inspection of all cab lamps.*
5. Inspection of boiler feedwater delivery systems.*
6. Inspection of lagging for indication of leaks.
7. Inspection for leaks obstructing vision of engine crew.
8. Observance of compressor(s) and governor to ascertain proper
operation.*
9. Inspection of brake and signal equipment.*
10. Inspection of brake cylinders for piston travel.
11. Inspection of foundation brake gear.
12. Inspection of sanders.*
13. Inspection of draw gear and chafing irons.
14. Inspection of draft gear.
15. Inspection of crossheads and guides.
16. Inspection of piston rods and fasteners.
17. Inspection of main, side, and valve motion rods.
18. Inspection of headlights and classification lamps.*
19. Inspection of running gear.
20. Inspection of tender frames and tanks.
21. Inspection of tender trucks for amount of side bearing
clearance.
Note: All items marked (*) should be checked at the beginning of
each day the locomotive is used.
31 Service Day Inspection Requirements; Sec. 230.14
1. Washing of boiler.
2. Cleaning and inspection of water glass valves and gauge
cocks.
3. Cleaning, washing and inspection of arch tubes, water bar
tubes, circulators and siphons.
4. Removal and inspection of all washout and water tube plugs.
5. Testing of all staybolts.
6. Removal, cleaning and inspection of fusible plugs (if any).
92 Service Day Inspection Requirements; Sec. 230.15
1. Removal and testing of all air and steam gauges.
2. Cleaning of steam gauge siphon pipe.
3. Renewal of tubular water glasses.
4. Testing and adjusting of safety relief valves.
5. Testing of main reservoir and brake cylinder leakage.
6. Entering and inspection of tender tank interior.
Annual Inspection Requirements; Sec. 230.16
1. Testing of thickness of arch and water bar tubes (arch brick
to be removed)
2. Hydrostatic testing of boiler.
3. Testing of all staybolts.
4. Interior inspection of boiler.
5. Thickness verification of dry pipes.
6. Smoke box inspection.
7. Main reservoir hammer or UT testing and hydrostatic testing
(for non-welded and drilled main reservoirs)
8. Removal and inspection of steam locomotive drawbar(s) and
pins (NDE testing other than merely visual)
9. Inspection of longitudinal lap joint boiler seams.
5 Year Inspection Requirements; Sec. 230.16
1. Inspection of flexible staybolt caps and sleeves.
1472 Service Day Inspection Requirements; Sec. 230.17
1. Removal of boiler flues (as necessary) and cleaning of boiler
interior.
2. Removal of jacket and lagging and inspection of boiler
interior and exterior.
3. Hydrostatic testing of boiler.
4. Thickness verification (boiler survey) and recomputation and
update of steam locomotive specification card, (FRA Form No. 4).
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Appendix D to Part 230--Diagrams and Drawings [Reserved]
Note: The text of this appendix will be included when this part
is published as a final rule.
Appendix E to Part 230--Civil Penalty Schedule [Reserved]
Note: The text of this appendix will be included when this part
is published as a final rule.
Issued in Washington, D.C. on August 28, 1998.
Jolene M. Molitoris,
Administrator.
[FR Doc. 98-23856 Filed 9-24-98; 8:45 am]
BILLING CODE 4910-06-P
