[Federal Register Volume 59, Number 92 (Friday, May 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11733]


[[Page Unknown]]

[Federal Register: May 13, 1994]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 229

[FRA Docket No. RSGC-2, Notice No. 6]
RIN 2130-AA80

 

Locomotive Conspicuity; Minimum Standards for Auxiliary External 
Lights

AGENCY: Federal Railroad Administration (FRA), DOT.

ACTION: Interim rule with request for comments.

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SUMMARY: This interim rule (referred to as ``IR-2'') amends FRA's 
interim rule (referred to as ``IR-1'') published on February 3, 1993, 
by relaxing the standards IR-1 contained concerning auxiliary external 
lights on locomotives. IR-2 contains detailed and specific performance 
standards regarding color, intensity, operation, mounting location and 
flash rate for ditch lights, crossing lights, strobe lights and 
oscillating lights. This action is intended to increase the visibility 
of locomotives to motorists and thereby reduce the incidence of 
accidental collisions between motor vehicles and locomotives at 
highway-rail grade crossings.

DATES: This interim rule is effective May 13, 1994; written comments 
must be received on or before July 12, 1994. Comments received after 
that date will be considered so far as possible without incurring 
additional expense or delay.

ADDRESSES: Written Comments: Written comments and petitions for 
reconsideration should identify the docket number and the notice number 
and must be submitted in triplicate to the Docket Clerk, Office of 
Chief Counsel, FRA, 400 Seventh Street, SW., Washington, DC 20590.
    Public hearing: Given the limited scope of this interim rule and 
the statutory exception under 45 U.S.C. 431(u)(2) from public 
proceedings, FRA does not believe that a public hearing is warranted at 
this time. However, FRA will consider any request for an opportunity to 
make an oral presentation that is filed by the deadline for written 
comments.

FOR FURTHER INFORMATION CONTACT: Gordon Davids, Bridge Engineer, Office 
of Safety, FRA, 400 Seventh Street, SW., Washington, DC 20590 
(telephone: 202-366-9186); Edward R. English, Director, Office of 
Safety Enforcement, Office of Safety, FRA, 400 Seventh Street, SW., 
Washington, DC 20590 (telephone: 202-366-9252); or Marina C. Appleton, 
Trial Attorney, Office of Chief Counsel, FRA, 400 Seventh Street, SW., 
Washington, DC 20590 (telephone: 202-366-0628).

SUPPLEMENTARY INFORMATION: On February 3, 1993, FRA published an 
interim rule (IR-1) (58 FR 6899, to be codified at 49 CFR 229.133), 
with request for comments, concerning measures to enhance the 
conspicuity of locomotives. IR-1 implemented requirements mandated by 
section 14 of the Amtrak Authorization and Development Act (Pub. L. 
102-533). This enabling legislation added new subsection (u) to section 
202 of the Federal Railroad Safety Act of 1970 (Safety Act) (45 U.S.C. 
431), which reads as follows:

(u) Locomotive Conspicuity.

    (1) The Secretary shall conduct a review of the Department of 
Transportation's rules with respect to locomotive conspicuity and 
shall complete the Department's current locomotive conspicuity 
research no later than December 31, 1993. As part of this review, 
the Secretary shall collect relevant data from operational 
experience by railroads having enhanced conspicuity measures in 
service.
    (2) Not later than December 31, 1992, the Secretary shall issue 
interim regulations identifying ditch lights, crossing lights, 
strobe lights, and oscillating lights as interim locomotive 
conspicuity measures, and authorizing and encouraging installation 
and use of such measures. The interim regulations and any amendments 
thereto shall be adopted without regard to subchapter II of chapter 
5 of Title 5. Any locomotive equipped with such interim conspicuity 
measures on the date of issuance of final regulations under 
paragraph (3) shall be considered in full compliance with such final 
regulations until 4 years after issuance of such final regulations.
    (3) Not later than June 30, 1994, the Secretary shall initiate a 
rulemaking proceeding to issue final regulations requiring 
substantially enhanced locomotive conspicuity measures. In such 
rulemaking proceeding, the Secretary shall consider, at a minimum--
    (A) Revisions to the existing locomotive headlight standard, 
including standards for placement and intensity;
    (B) Requiring use of reflective materials to enhance locomotive 
conspicuity;
    (C) Requiring use of additional alerting lights (including 
ditch, crossing, strobe, and oscillating lights);
    (D) Requiring use of auxiliary lights to enhance locomotive 
conspicuity when viewed from the side;
    (E) The effect of any enhanced conspicuity measures on the 
vision, health, and safety of train crew members;
    (F) separate standards for self-propelled, push-pull and multi-
unit passenger operations without a dedicated head-end locomotive.
    (4) In issuing regulations under paragraph (3), the Secretary 
may exclude from any specific conspicuity requirement and category 
of trains or rail operations if the Secretary determines that such 
an exclusion is in the public interest and is consistent with rail 
safety (including grade-crossing safety).
    (5) The Secretary shall issue final regulations requiring 
enhanced locomotive conspicuity measures no later than June 30, 
1995. The Secretary shall require that all locomotives not excluded 
from the regulations be equipped with interim conspicuity measures 
under paragraph (2) or the conspicuity measures mandated by final 
regulations issued under this paragraph, no later than December 31, 
1997.
    (6) As used in this subsection, the term ``locomotive 
conspicuity'' means the enhancement of day and night visibility of 
the front-end unit of a train, by means of lighting, reflective 
materials, or other means, with particular consideration to the 
visibility and perspective of drivers of motor vehicles at grade 
crossings.

    Under IR-1, ditch lights, crossing lights, strobe lights and 
oscillating lights were designated as interim locomotive conspicuity 
measures. Conspicuity measures that comply with IR-1, IR-2 or any 
amendment thereto, are deemed to comply with the final rule for four 
years after its issuance. As required by the enabling legislation, the 
final rule requiring enhanced locomotive conspicuity measures must be 
issued no later than June 30, 1995. All locomotives not excluded from 
the final regulations must be equipped with either the interim 
conspicuity lighting arrangements identified in IR-1 or IR-2 or the 
conspicuity arrangements mandated by the final regulations, no later 
than December 31, 1997.
    If the final rule is issued prior to the deadline, June 30, 1995, 
the statute's four-year grace period would begin on that earlier date. 
Likewise, although IR-1 and IR-2 do not require that any train be 
equipped with conspicuity measures, the final rule may require such 
equipping even prior to December 31, 1997, which is the latest date for 
requiring such measures.
    Research on locomotive conspicuity conducted through the Volpe 
National Transportation Systems Center was completed on schedule in 
1993. FRA will continue to gather and analyze data concerning means of 
enhancing visibility of trains at highway-rail grade crossings.

Public Participation in the Rulemaking

    Subsection 202(u)(2) of the Safety Act provides that IR-1 and IR-2 
and any amendment to either rule shall be adopted without regard to 
subchapter II of chapter 5 of title 5, United States Code. This 
subsection thus allows IR-1 and IR-2 to be issued without regard to the 
Administrative Procedure Act's (APA) general requirement of providing 
an opportunity for public participation in the rulemaking process or, 
by implication, the Safety Act's requirement that an opportunity for 
oral presentation be provided where notice and comment are necessary. 
See 45 U.S.C. 431(b). Similarly, the normal APA requirement that a rule 
be effective no sooner than 30 days after issuance does not apply here. 
See 5 U.S.C. 553(d).
    Although the enabling legislation suspended the requirements for 
notice and comment, FRA will consider written comments received on or 
before July 12, 1994. During this period, FRA will also consider 
petitions for amendment of this rule, provided that such petitions 
clarify the descriptions of devices addressed in this rule, or identify 
devices that perform the same function at least as effectively as those 
devices addressed in this rule.

Discussion of Comments and Section Analysis

    In IR-1, FRA solicited comments from railroads, lighting 
manufacturers, railroad employees and other interested persons 
regarding (i) the specific performance standards for the different 
auxiliary lighting arrangements detailed in that rule and (ii) the 
concept of ``locomotive conspicuity'' in general.
    FRA received comments from the Florida East Coast Railway Company, 
the Union Pacific Railroad Company (UP), The American Short Line 
Railroad Association (ASLRA), the Association of American Railroads 
(AAR), the Northeast Illinois Regional Commuter Railroad Corporation 
(METRA), the Long Island Rail Road, Canadian Pacific Limited (CP), the 
Quest Corporation, 3M, Flash Technology Corporation of America, the 
Norfolk Southern Corporation (NS), and the Canadian National Railway 
Company (CN).
    After review of public comments, FRA determined that changes to IR-
1 are warranted. The following discussion is provided in response to 
these comments and in explanation of these changes.

A. Length of the ``Grandfathering'' Period (Sec. 229.133(a))

    Several commenters, including AAR, UP and ASLRA, requested that any 
auxiliary lighting system meeting the specifications in IR-1 that is 
installed on a locomotive be considered in compliance with the final 
rule for the entire life of the locomotive, rather than for only the 
four-year period specified in IR-1 at 49 CFR 229.133(a).
    The enabling legislation specifically allowed a four-year period of 
acceptability for installed auxiliary lighting systems that conform to 
the specifications outlined in IR-1. FRA does not have the authority to 
``grandfather'' such lighting systems beyond that four-year period. 
Furthermore, FRA does not want to constrain the content and 
applicability of the final rule to decisions made at this time without 
benefit of information from research and rulemaking that will be 
available and incorporated into the rulemaking process beginning in 
1994. FRA will endeavor to apply a ``rule of reason'' at the final-rule 
stage to recognize the value of early investments in auxiliary lighting 
systems that were in service prior to the issuance of the final rule.

B. Activation of Auxiliary Lighting Systems (Secs. 229.133 (b)(1)(iii), 
(b)(2)(iv), (b)(3)(v) and (b)(4)(ii))

    ASLRA requested that the interim rule not reference the manner in 
which the auxiliary lighting systems would be activated on the 
locomotive. ASLRA is concerned that the language in IR-1 at 
Secs. 229.133(b)(1)(iii), (b)(2)(iv), (b)(3)(v) and (b)(4)(ii) 
referring to activation parameters of auxiliary lights might be 
considered a precedent for adoption of similar provisions in the final 
rule without full consideration of the consequences.
    FRA agrees in part. Mention of specific activation parameters 
without requiring their use may be interpreted to imply that similar 
parameters would be incorporated in the final rule. That is not the 
intent of the interim rule. Activation methods or systems will be 
specified in the final rule as needed. Such activation methods could 
then be applied to almost any system regardless of whether the lights 
were installed prior to or after the final rule.
    In reality, any system imaginable is capable of actuation by a wide 
variety of devices and at almost any time. The final rule may require 
actuation devices to be provided wherever necessary, without rendering 
existing lighting systems obsolete. Therefore, the specification for 
capability of automatic operation has been eliminated in IR-2.

C. Dimensional Requirements for Lighting Placement 
(Secs. 229.133(b)(1)(i), (b)(2)(iii) and (b)(3)(i))

    Several responders commented on the vertical and horizontal 
dimensional requirements for the various auxiliary lighting 
arrangements in IR-1.
    The dimensional requirements for light placement in IR-1 at 
Secs. 229.133(b)(1)(i), (b)(2)(iii) and (b)(3)(i) represented the best 
information available to FRA at the time of issuance of IR-1. The 
governing principle was to have the lights far enough apart to be 
distinguishable, preferably forming a triangle with the headlight, and 
high enough above the rail that they would be effective in snow as well 
as over vertical curves in the railroad track.
    The comments and photographs submitted in this regard were valid 
and informative. Several locomotive types in common use present a 
problem with installation of ditch or crossing lights with horizontal 
spacing greater than 49 inches. CN, which has had considerable 
experience and success with ditch lights, has one type of installation 
with a horizontal spacing of 37 inches, and focused on the track at a 
point 800 feet in front of the locomotive. Other locomotives have 
horizontal spacing less than the minimum requirement of 60 inches 
contained in IR-1 at Sec. 229.133(b)(1)(i). CN also has some 
locomotives equipped with ditch lights placed 91 inches above the rail, 
above the 84-inch maximum established in IR-1 at Sec. 229.133(b)(1)(i). 
METRA, the commuter railroad in the Chicago area, has ditch lights 
mounted on cab control cars at a height of only 25 inches above the 
rail, lower than the 36-inch minimum in IR-1 at Sec. 229.133(b)(1)(i). 
Additionally, the flat section of the cab roof on some EMD locomotives 
might inhibit the installation of strobe lights spaced 60 inches 
horizontally.
1. Three-Light Triangle Dimensions: (New Secs. 229.133(b)(1)(ii), 
(iii), (b)(2)(iii) and (b)(3)(ii), (iii))
    FRA believes that the purpose of IR-2 would be best served by 
broadening the limits on acceptable placement dimensions to some 
degree. However, some minimum horizontal spacing of lights remains 
necessary to permit recognition of a characteristic pattern by a 
motorist sufficiently in advance of the approach of a train to permit 
timely defensive action. FRA concludes that the spacing requirement for 
ditch and crossing lights can be modified if the vertical dimension of 
the three-light triangle (headlight and two crossing lights; headlight 
and two ditch lights; or headlight and two strobe lights) is large 
enough to afford recognition by a motorist not only of the approaching 
train, but also of its general location relative to the crossing. If 
the vertical dimension, or the altitude, of the three-light triangle is 
at least 60 inches, it would compensate for a shorter horizontal 
spacing of the lower lights, or base of the triangle. The normal human 
eye can resolve two objects spaced to form an angle of approximately 
one-half of one degree. The orientation--horizontal, vertical or 
diagonal--is immaterial. Spacing of 60 inches subtends, or delimits, 
one-half of one degree at 573 feet from the observer, beyond which 
distance the lights are seen as one. This distance corresponds to an 
approach time of 6.5 seconds at 60 miles per hour.
2. Horizontal Dimensions (New Secs. 229.133(b)(1) (ii), (iii), 
(b)(2)(iii) and (b)(3)(ii), (iii))
    FRA concludes that the minimum horizontal interval between adjacent 
crossing lights and adjacent ditch lights should be reduced from 60 to 
36 inches, provided that, if the horizontal interval is less than 60 
inches, the vertical distance between the headlight and the plane of 
the ditch or crossing lights be not less than 60 inches. See IR-2 at 
Secs. 229.133(b)(1)(ii), (iii) and (b)(3)(ii), (iii).
    Strobe lights derive their effectiveness more from their intensity 
and characteristic flash pattern than from their relative spacing. The 
effectiveness of omni-directional strobe lights can be enhanced by 
mounting them at the highest point on the locomotive cab roof. In order 
to accommodate such mounting on some cabs with flat top sections 
narrower than 60 inches, the minimum spacing between adjacent strobe 
lights is reduced to 48 inches, as set forth in IR-2 at 
Sec. 229.133(b)(2)(iii).
3. Vertical Dimensions (Secs. 229.133(b)(1)(i), (b)(2)(iii) and 
(b)(3)(i))
    The most common placement of ditch or crossing lights on a road 
switcher locomotive is directly above the front platform. The headlight 
is commonly located on the front cab wall, just below the roof line. 
The front platform is typically between five and six feet above the 
rail; the cab roof line, 14 feet above the rail. Allowing a 
conservative placement of one foot from the surface of the front 
platform to the centerline of the lower lights, and two feet from the 
edge of the cab roof to the center of the upper headlight unit, the 
vertical spacing between the lower lights and the headlight would be 
five feet, or 60 inches.
    Height above the rail is a factor in the visibility of a light for 
several reasons. Increased height has several advantages. First, the 
light will be less obstructed by objects or vertical curves on or in 
the track. Second, the light will be less affected by accumulations of 
snow or foreign material thrown up by the pilot, plow or wheels. Third, 
the light is less likely to be damaged should the locomotive strike a 
foreign object. There is no reason to limit the maximum height above 
the rail for crossing or ditch lights, provided that they meet the 
criteria for horizontal or vertical spacing as discussed above.
    The minimum height for ditch lights was specified in IR-1 as 36 
inches in Sec. 229.133(b)(1)(i), and as 48 inches for crossing lights 
in Sec. 229.133(b)(3)(i), in order to accommodate mounting below the 
front platform, if necessary. There is no reason for inconsistency 
between the dimensions for ditch lights and for crossing lights; ditch 
lights could become crossing lights after modification of control 
circuitry. Thus, the minimum height for crossing lights in IR-1 at 
Sec. 229.133(b)(3)(i) is revised from 48 inches to 36 inches.
    The 36-inch minimum height requirement will permit maintenance of 
the 60-inch vertical dimension on locomotives with the headlight 
mounted in a low front hood. This height requirement also aids the 
observer's sight distance. The maximum vertical curve recommended by 
the American Railway Engineering Association for main track has a rate 
of change of grade of 0.2 percent per 100 feet. On this vertical curve, 
a light three feet above the track will be visible to an observer at a 
distance of 1,095 feet, provided the observer's eyes are three feet 
above the track. A reduction in height of one foot, of either the 
observer or the light, reduces the sight distance by approximately 100 
feet.
    The one comment requesting a lower height above the rail applied 
only to cab control cars in suburban passenger service. If those cars 
have suitable conspicuity while operating on their specific routes, the 
final rule may permit their light configuration in that service. 
However, the 25-inch height requested is not suitable for general 
railroad service, owing to the reduced visibility on vertical curves, 
susceptibility to snow, and damage from foreign objects. FRA therefore 
concludes that the minimum height of 36 inches for ditch lights, 
crossing lights and strobe lights will be retained in IR-2. See IR-2 at 
Secs. 229.133(b)(1)(i), (b)(2)(iii) and (b)(3)(i).

D. Strobe Lights (Sec. 229.133(b)(2)(i))

    Flash Technology commented that one forward-facing, focused strobe 
light could be more effective than two omni-directional strobe lights 
described in IR-1 at Sec. 229.133(b)(2)(i). If any railroads are 
presently using the former type of system, none commented or requested 
its inclusion in the interim rule.
    The purpose of both IR-1 and IR-2 is to encourage the installation 
of currently available effective systems. FRA was not provided with any 
information indicating that one forward-facing, focused strobe light 
has been in service or proven effective to date. Such technology may be 
considered in the final rule. The authority for expedited issuance of 
IR-1 did not contemplate the inclusion of systems not in current use. 
Therefore, IR-2 will continue the requirement for two strobe lights.

E. Flash Rates (Secs. 229.133(b)(2)(ii), (b)(3)(iii) and New 
Secs. 229.133(b)(2)(ii), (b)(3)(v))

    Flash Technology commented that the limits of flash rate of strobes 
should be broadened to incorporate units used by Amtrak which flash at 
a period of 0.5 seconds. This rate is used by the Federal Aviation 
Administration (FAA) for runway lead-in lighting, and does not cause 
problems with flicker vertigo. Research conducted for FRA by the 
Transportation Systems Center in 1974 and 1975 shows that a flash rate 
as rapid as three per second effectively improves conspicuity, and does 
not produce flicker vertigo. In view of this research and comment, the 
flash rate for both strobe lights and crossing lights is broadened in 
IR-2 at Secs. 229.133(b)(2)(ii) and (b)(3)(v), respectively, to permit 
rapid flash rates up to three per second, or 180 per minute.
    Generally, the original specifications for flash rates were drawn 
around a time period of one second. The proposed revisions to flash or 
operating rates range on either side of one per second. IR-2 is 
clarified by restatement of the flash rates in terms of flashes or 
cycles per minute.

F. Oscillating Lights (Sec. 229.133(b)(4))

    The Florida East Coast Railway Company commented that its 
locomotives have been equipped since 1978 with an Oscitrol warning 
light that performs the functions of an oscillating light. This warning 
light consists of two lamps co-located in the same fixture, aimed three 
degrees to either side of the locomotive centerline, which flash 
alternately at a rate of approximately 50 times per minute. It also 
uses one red lamp, which is actuated by a heavy application of the 
train air brake.
    The red light is used for purposes other than improved conspicuity 
at highway-rail crossings. It need be addressed only to the extent that 
the actuation of a red oscillating light generally extinguishes the 
white light. Its primary purpose is to alert approaching trains on 
adjacent tracks that the train displaying the red light has undergone a 
heavy brake application, and could possibly foul the adjacent track.
    FRA believes that the warning lights used by Florida East Coast are 
effective and within the family of oscillating lights defined in the 
enabling legislation. They are therefore included in the definition of 
an acceptable oscillating light.
    Display of the red light, overriding the white light, occurs only 
in specific, critical situations when necessary to avoid potential 
train collisions. The safety benefit of this type of red light, in the 
rare circumstances under which it is used, outweighs the consequences 
of the short-term loss of the oscillating white light. This feature is 
permitted, but not mandated, in acceptable interim oscillating light 
systems.

Regulatory Impact

Executive Order 12866 and DOT Regulatory Policies and Procedures

    This interim rule has been evaluated in accordance with existing 
regulatory policies and procedures and is considered to be a 
nonsignificant regulatory action under DOT policies and procedures (44 
FR 11034; February 26, 1979). This rule also has been reviewed under 
Executive Order 12866 and is considered ``nonsignificant'' under that 
Order. This interim rule does not require the use of an auxiliary 
lighting system. Instead, the rule encourages the installation and use 
of auxiliary lighting arrangements on locomotives.
    Although ``nonsignificant,'' FRA nonetheless has prepared a 
regulatory evaluation addressing the economic impact of the rule. This 
regulatory evaluation estimates that economic costs are negligible 
because installation of the auxiliary external lights on locomotives by 
railroads is not mandatory. Anticipated benefits and impacts of the 
rule will not be known until all relevant data is collected and 
examined by FRA. This regulatory evaluation has been placed in the 
docket and is available for public inspection and copying during normal 
business hours in Room 8201, Office of Chief Counsel, FRA, 400 Seventh 
Street, SW., Washington, DC 20590. Copies may also be obtained by 
submitting a written request to the FRA Docket Clerk at the above 
address.

Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) 
requires a review of rules to assess their impact on small entities, 
unless the Secretary certifies that a final rule will not have a 
significant economic impact on a substantial number of small entities. 
This interim rule will not have an adverse impact on any entity because 
it does not place any new requirements or burdens on the public. 
Therefore, it is certified that the interim rule will not have a 
significant economic impact on a substantial number of small entities 
under the provisions of the Regulatory Flexibility Act.

Paperwork Reduction Act

    This rule does not contain a collection of information requirement 
for purposes of the Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et 
seq.

Environmental Impact

    FRA has evaluated these regulations in accordance with its 
procedures for ensuring full consideration of the environmental impact 
of FRA actions, as required by the National Environmental Policy Act 
(42 U.S.C. 4321 et seq.), other environmental statutes, Executive 
Orders, and DOT Order 5610.1c. It has been determined that this rule 
will not have any effect on the quality of the environment.

Federalism Implications

    This rule will not have a substantial effect on the states, on the 
relationship between the national government and the states, or on 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.
    Under section 205 of the Federal Railroad Safety Act of 1970 (45 
U.S.C. 434), issuance of this regulation preempts any State law, rule, 
regulation, order, or standard covering the same subject matter, except 
for a provision directed at a local safety hazard if that provision is 
consistent with this rule and does not impose an undue burden on 
interstate commerce.

List of Subjects in 49 CFR Part 229

    Railroad safety.

Adoption of the Amendment

    In consideration of the foregoing, FRA amends part 229, title 49, 
Code of Federal Regulations to read as follows:

PART 229--RAILROAD LOCOMOTIVE SAFETY STANDARDS

    1. The authority citation for part 229 is revised to read as 
follows:

    Authority: 45 U.S.C. 22-34; 45 U.S.C. 431, 438; 49 App. U.S.C. 
1655(e); Pub. L. 100-342; Pub. L. 102-365; Pub. L. 102-533; 49 CFR 
1.49 (c), (g) and (m).

    2. Section 229.133 is amended by revising paragraph (b) to read as 
follows:


Sec. 229.133  Interim Locomotive Conspicuity Measures--Auxiliary 
External Lights

* * * * *
    (b) Each qualifying arrangement of auxiliary external lights shall 
conform to one of the following descriptions:
    (1) Ditch lights. (i) Ditch lights shall consist of two white 
lights, each producing a steady beam of at least 200,000 candela, 
placed at the front of the locomotive, at least 36 inches above the top 
of the rail.
    (ii) Ditch lights shall be spaced at least 36 inches apart if the 
vertical distance from the headlight to the horizontal axis of the 
ditch lights is 60 inches or more.
    (iii) Ditch lights shall be spaced at least 60 inches apart if the 
vertical distance from the headlight to the horizontal axis of the 
ditch lights is less than 60 inches.
    (iv) Ditch lights shall be focused horizontally within 45 degrees 
of the longitudinal centerline of the locomotive.
    (2) Strobe lights. (i) Strobe lights shall consist of two white 
stroboscopic lights, each with ``effective intensity,'' as defined by 
the Illuminating Engineering Society's Guide for Calculating the 
Effective Intensity of Flashing Signal Lights (November 1964), of at 
least 500 candela.
    (ii) The flash rate of strobe lights shall be at least 40 flashes 
per minute and at most 180 flashes per minute.
    (iii) Strobe lights shall be placed at the front of the locomotive, 
at least 48 inches apart, and at most 36 inches above the top of the 
rail.
    (3) Crossing lights. (i) Crossing lights shall consist of two white 
lights, placed at the front of the locomotive, at least 36 inches above 
the top of the rail.
    (ii) Crossing lights shall be spaced at least 36 inches apart if 
the vertical distance from the headlight to the horizontal axis of the 
ditch lights is 60 inches or more.
    (iii) Crossing lights shall be spaced at least 60 inches apart if 
the vertical distance from the headlight to the horizontal axis of the 
ditch lights is less than 60 inches.
    (iv) Each crossing light shall produce at least 200,000 candela, 
either steadily burning or alternately flashing.
    (v) The flash rate of crossing lights shall be at least 40 flashes 
per minute and at most 180 flashes per minute.
    (vi) Crossing lights shall be focused horizontally within 15 
degrees of the longitudinal centerline of the locomotive.
    (4) Oscillating light. (i) An oscillating light shall consist of:
    (A) one steadily burning white light producing at least 200,000 
candela in a moving beam that depicts a circle or a horizontal figure 
``8'' to the front, about the longitudinal centerline of the 
locomotive; or
    (B) two or more white lights producing at least 200,000 candela 
each, at one location on the front of the locomotive, that flash 
alternately with beams within five degrees horizontally to either side 
of the longitudinal centerline of the locomotive.
    (ii) An oscillating light may incorporate a device that 
automatically extinguishes the white light if display of a light of 
another color is required to protect the safety of railroad operations.
* * * * *
    Issued in Washington, DC, on May 9, 1994.
Jolene M. Molitoris,
Federal Railroad Administrator.
[FR Doc. 94-11733 Filed 5-12-94; 8:45 am]
BILLING CODE 4910-06-P