Can anyone refer me to the section in CFR 49 that states air brake work must be performed by Certified staff.

Thank You

Keith Brigode

Keith,

I think your operation fits under the "non-insular" category of regulation and is not considered part of the general system. The air brake rule change a few years ago that requires certified people probably doesn't apply to your group depending on your FRA status.

David Farlow
Whitewater Valley Railroad

As far as I know, there is none!

I think someone is feeding you mis-information.

The AAR certifies air shops that do freight car air brake components. And I am told that there is talk about setting up certification for locomotive air brake component shops.

While the FRA may want to be involved with this certification, it is an American Association of Railroads function. And so far the FRA has not been able to supplant the AAR.

There is no certification for shops doing passenger car components. And at this time none for locomotive components.

Brian,

I thought perhaps he was referring to the certification requirements for those who perform single car testing under 49 CFR, Part 239.109(b)(11)

David Farlow
Whitewater Valley Railroad

David,

Is that found in a printed edition or an on-line version of 49 CFR, Part 239.

I cannot find a subsection 239.109 at any Federal government website that the FRA links me off to. Do you have a link?

49CFR238.311(b) requires that Single Car Test be done by a "qualified maintenance person". However 238.3 "Applicability. (c) This part does not apply to...(3)Tourist, scenic, historic, or excursion operations weather on or off the general railroad system of transprotation..." 238.109 sets out qualifications for anone doing "inspection, test, or maintenance" required in 49CFR 238, Passenger Equipment Safety Standards. Any time FRA regulations are read, it is best to start with the paragraph titled "Applicability".

Thanks Dave:

Applicability is the key.

I see what my search problem was -- I ended up looking in the wrong section of 49 CFR. Mr. Farlow said it was 49CFR239; but, as Dave Johnston noted it is 49CFR238.

You are correct, applicability is the key. 49 CFR 238 and 238 apply to passenger railroads, such as Amtrak and commuter railroads. For non-commuter railroad passenger equipment, such as a passenger car moving from Point A to Point B on a common carrier freight railroad, Appendix B to 49 CFR 232 is where you would find the applicable rules. If I remember correctly, Appendix B will, in turn, send you to out-of-print AAR Standard S-045. It gets complicated, I agree. For historic, tourist and museum operations, the issue is cloudy, at best.

As someone pointed out, the AAR certifies freight air brake shops and regularly audits their work. Currently, no agency or association certifies locomotive or passenger car air brake shops. Having said that, most air brake shops doing locomotive and passenger work hold the AAR freight certification. Their customers appreciate the level of quality associated with the AAR certification brings.

In the end, the owner of the equipment is responsible for the quality of work done on his equipment, as well as the components used for maintenance.

As Mr. Payne noted, S-045 is the standard. When queried, the FRA has indicated that S-045 should be followed, and they like to know that the railroad is following the standard for everything from the appropriate SCT for the valve, appropriate periodic testing of the SCT equipment and periodic replacement, cleaning and testing of the valve.