Hi All

I have become involved in a discussion on rigid staybolt testing.

Background

From the Federal document https://www.govinfo.gov/content/pkg/FR-1999-11-17/pdf/99-28610.pdf. On page 42, CFR 230.14 defines a 31 day inspection to include all daily items and 31 day items on form No.1. in appendix A page 75. CFR 230.40 states that all staybolts shall be hammer tested at every 31 service day inspection. Except as provided for in paragraph (a) (2) of this section. Subsection (a) (2) makes allowances for inaccessible bolts that are drilled thru their entire length. The removal of fire brick or grate bearers for the purpose of hammer testing will not be required if the staybolts behind each of these structural impediments are drilled with a hole 3/16 inch to 7/32 inch in their entire length. In the preamble of the code in this document for CFR 230.40 on page 28 states that the new 230 reduces the staybolt testing from monthly to every 31 service days. The preamble further explains the reasons for the allowance of drilled staybolts behind structural impediments. One reason given that the task force members agreed that the bolts would begin to leak water once the bolt is broken. It also states that Safety would not be sacrificed by granting owners and/or operators a measure of flexibility in the testing of such staybolts. Who is this task force you ask? The task force was the then members of the Engineering Standards committee (see pg. 2)

Hypothetical situation

So lets look at this scenario. We have engine XYZ on the I WANT TO BE AN ENGINEER RAILROAD (IWTBAER), We run for our first 31 service days, we perform a 31 day inspection and we hammer test all the reachable staybolts. We then place the locomotive back in service accrue reach 62 service days. We perform a second 31 day inspection, and we hammer all reachable bolts. We place the engine in service again and get to 92 service days. This inspection is a 92 day inspection so I need to add the 92 day inspection items.

Rouge inspector

Now comes the problem. My MP&E inspector tells me I have to hammer test ALL stay bolts. THIS INCLUDES THOSE BEHIND GRATE BEARERS OR FIREBRICK. Why I ask? He says because it’s a 92 day inspection. Now I am confused. Looking at Form No.1 testing staybolts is listed under the 31 day inspection. Again, the testing of staybolts says to be done every 31 service days. So by my reading of the code and preamble the testing of staybolts is a 31 day activity apart of the 31 service day inspection and I do not have to remove Structural impediments. Further the reason we do staybolt testing at the 92 day inspection is because the code calls for both the daily inspection items and 31 day items to be a part of the 92 day inspection. Further the MP&E inspector states that we need to hammer test all of the bolts for the Annual inspection as well. But the only answer I get is the provision applies to “31 day inspections”. But look at the preamble. It says the staybolt inspection needs to be done every 31 Service Days not here are the methods at the 31 day inspection and here is the method or methods to be used for the other inspections. So much for the measure of flexibility in testing such staybolts?

Reality

Unfortunately, this situation is now taking place in the Southwest US. Locomotive operators are being told to hammer test all bolts drilled or not at for the 92 day and Annual inspections. If the Task force and the FRA saw that there was no sacrifice to safety by drilling staybolts and not hammering them just like the previous versions of the Steam Locomotive inspection act saw why is the FRA now requiring this additional work for not additional gain in safety? How do get the FRA to see the error in their ways?

Robby Peartree

If you look at the code as written it clearly states that drilled through staybolts are exempt from a hammer test in the case that they are located behind refractory or grate bearers. The 31 day inspection is the key because subsequent inspections done within a calendar year are all supplemental to the 31 day inspection. Since the subsequent inspections are supplemental everything in the 31 day inspection applies even the exemption. That then means that the exemption passes along on the subsequent inspections including the annual.

I don't know what has been missed in the thinking that refractory and grate bearers has to be pulled at the annual inspection.
The inspection language at:
https://www.law.cornell.edu/cfr/text/49/230.14
https://www.law.cornell.edu/cfr/text/49/230.15
https://www.law.cornell.edu/cfr/text/49/230.16
Then lastly the FRA 230.16 (a), https://www.govinfo.gov/content/pkg/CFR ... 230-15.pdf
230 (a) is the important paragraph as it states all inspection items in 31 day, 92 day and annual items are included. In the FRA 230 it states that the exemption is present in 31, 92 and annual inspection. What is being missed here?
copied from 230.16
§ 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.)
Read carefully, this states that all items listed in the 31 day inspection are included in the 92 day and the annual inspection. Nothing is left out and the exemption once again is in place for all three inspections.

And then there is this from the MP&E Guidance Manual (https://railroads.dot.gov/sites/fra.dot.gov/files/2020-05/MPEComplianceManual2013.pdf) on page 9-8.

§ 230.15 Ninety-two (92) service day inspection.
Guidance
The 92 service day inspection is performed at the third 31-service day inspection with additional
requirements. The record retention and forwarding requirements remain the same as the31
service day inspection requirements.
§ 230.16 Annual inspection.
Guidance
(a) General. Annual inspection requirements are calendar driven not service day, even if a
steam locomotive has only had 1 service day over the previous 368 service days. it would still
require an annual inspection. The annual inspection includes all requirements of the daily
inspection, and the 31 and 92 service day inspections found in Appendix A of the rule. At each
fifth annual inspection, a flexible staybolt and cap inspection is required in accordance with 49
CFR § 230.41.

Robby Peartree