[Federal Register Volume 68, Number 160 (Tuesday, August 19, 2003)]
[Rules and Regulations]
[Pages 49713-49717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21136]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 229

[Docket No. FRA-2003-14217; Notice No. 1]
RIN 2130-AB58


Railroad Locomotive Safety Standards: Clarifying Amendments; 
Headlights and Auxiliary Lights

AGENCY: Federal Railroad Administration (FRA), DOT.

ACTION: Interim final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: This rulemaking action makes a technical clarification to 
certain locomotive headlight and auxiliary light provisions. The 
purpose of this modification is to codify FRA's longstanding acceptance 
of lamps used in locomotive headlights and auxiliary lights. FRA 
believes that the clarifications being made in this document are 
consistent with both FRA's intent when issuing the requirements related 
to locomotive headlights and auxiliary lights and FRA's enforcement 
policies related to those provisions. FRA also believes that the 
clarifications contained in this document further FRA's goal of 
facilitating the use of advanced technologies and enhance FRA's safety 
enforcement program by recognizing specific types of lamps it considers 
acceptable for use in headlights and auxiliary lights.

DATES: This interim final rule is effective August 19, 2003; written 
comments must be received on or before September 18, 2003. Comments 
received after that date will be considered to the extent possible 
without incurring additional expense or delay.

ADDRESSES: Comments: Any comments or petitions for reconsideration 
related to Docket No. FRA-2003-14217, may be submitted by any of the 
following methods:
    [sbull] Web site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
    [sbull] Fax: 1-202-493-2251.
    [sbull] Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW, Nassif Building, Room PL-401, 
Washington, DC 20590-001.
    [sbull] Hand Delivery: Room PL-401 on the plaza level of the Nassif 
Building, 400 Seventh Street, SW, Washington, DC between 9 a.m. and 5 
p.m. Monday through Friday, except Federal Holidays.
    [sbull] Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    Instructions: All submissions must include the agency name and 
docket number or Regulatory Identification Number (RIN) for this 
rulemaking. Note that all comments received will be posted without 
change to http://dms.dot.gov including any personal information. Please 
see the General Information heading in the SUPPLEMENTARY INFORMATION 
section of this document for Privacy Act information related to any 
submitted comments or materials.
    Public Hearing: Due to the extremely limited scope of this interim 
final rule, FRA does not believe that a public hearing is necessary at 
this time. However, FRA will consider any request for an opportunity to 
make an oral presentation that is filed as noted above by the deadline 
for written comments.
    Docket: For access to the docket to read background documents or 
comments received, go to http://dms.dot.gov at any time or to PL-401 on 
the plaza level of the Nassif Building, 400 Seventh Street, SW, 
Washington, DC between 9 a.m. and 5 p.m. Monday through Friday, except 
Federal Holidays.

FOR FURTHER INFORMATION CONTACT: Charles L. Bielitz, Mechanical 
Engineer, FRA Office of Safety, RRS-14, 1120 Vermont Avenue, NW, Stop 
25, Washington, DC 20590 (telephone: 202-493-6314), or Thomas J. 
Herrmann, Trial Attorney, Office of Chief Counsel, FRA, 1120 Vermont 
Avenue, NW, Stop 10, Washington, DC 20590 (telephone: 202-493-6036).

SUPPLEMENTARY INFORMATION:

Background

    Based on new technologies and designs related to the lamps utilized 
in road locomotive headlights and auxiliary lights over the last 
decade, FRA believes the federal regulations governing these components 
need to be modified to be consistent with FRA's intent when it issued 
those regulations and to incorporate FRA's enforcement policies 
developed over the intervening years. Currently, there are two types of 
lamps primarily utilized in locomotive headlight and auxiliary light 
fixtures. These include a Parabolic Allumination Reflection (PAR)-56, 
200-watt, 30-volt lamp (200-watt lamp) and a PAR-56, 350-watt, 75-volt 
lamp (350-watt lamp).
    Prior to the mid-1990s, the primary lamp used in road locomotive 
headlights throughout the industry was the 200-watt lamp, which 
produces a mean luminous intensity that is well in excess of 200,000 
candela at the center of its beam, with all production samples having a 
minimum luminous intensity of 200,000 candela. In the early to mid-
1990s, with the advent of auxiliary lights, the industry began using 
the 350-watt lamp in both headlight and auxiliary light fixtures. 
Controlled testing of auxiliary lights performed for FRA by the Volpe 
National Transportation Systems Center (Volpe) in 1995 used regular 
production 350-watt lamps. A single 350-watt lamp tested by the U.S. 
Coast Guard for the Volpe test, as well as data supplied by the lamp 
vendor, showed a center beam luminous intensity well in excess of 
250,000 candela, but it has since been determined that this data was 
not representative of typical lamp production. At present, most new 
locomotives are equipped with the 350-watt lamps in both the headlight 
and auxiliary light fixture. Due to normal variations in production 
processes, the vast majority of 350-watt lamps produced since 1994 do 
not produce 200,000 candela. The current production (2001 through mid-
2003) of the 350-watt lamps is centered at approximately 160,000 
candela. Although most 350-watt lamps do not meet the 200,000 candela 
requirements related to headlights and auxiliary lights contained in 49 
CFR 229.125(a) and (d), FRA has accepted and will continue to accept 
their use in both headlight and auxiliary light fixtures for the 
reasons discussed below. Hence forth, reference to a section or 
numbered part are to sections and numbered parts in title 49 of the 
CFR. In order to clarify FRA's continued acceptance of the use of these 
lamps and to incorporate existing enforcement guidance, FRA is amending 
the regulatory provisions contained in part 229 to specifically address 
the use of these types of lamps in both headlight and auxiliary light 
locations.

Section Analysis

A. Headlights: Sec.  229.125(a)

    The regulatory provisions related to locomotive headlights are 
contained at Sec.  229.125(a) through (c). These requirements were 
included in the regulations when part 229 was added to the Code of 
Federal Regulations in 1980.

[[Page 49714]]

See 45 FR 21109 (March 31, 1980). Part 229 was added in order to 
modernize the federal regulations previously contained in part 230 
related to all types of locomotives by separating and amending the 
requirements related to diesel and electric locomotives from those 
related to steam locomotives. The provisions contained in Sec.  
229.125(a)-(c) were intended to be a modified and condensed version of 
the requirements previously contained in Sec.  230.231 prior to 1980. 
See 44 FR 29618 (May 21, 1979).
    In the 1979 Notice of Proposed Rulemaking (NPRM) and the 1980 final 
rule, FRA explained that the approach contained in Sec.  230.231 for 
determining intensity was imprecise and unscientific. Section 230.231 
used a vague performance standard to describe the intensity which read 
as follows:

    A headlight which shall afford sufficient illumination to enable a 
person in the cab of such locomotive who possesses the usual visual 
capacity required of locomotive enginemen, to see in a clear 
atmosphere, a dark object as large as a man of average size standing 
erect at a distance of at least 800 feet ahead and in front of such 
headlight. * * *.

See Sec.  230.231 in pre-1980 CFR. In order to make this vague 
performance standard more precise and scientific, FRA specified that a 
locomotive headlight must produce a luminous intensity of at least 
200,000 candela. See 44 FR 29618 and 45 FR 21109. In the preamble to 
the final rule, FRA stated that the more scientific 200,000-candela 
standard could be met by the headlights used in the existing locomotive 
fleet and that the use of the more modern standard should not be viewed 
as a change in FRA's enforcement approach. Id. At the time the final 
rule was issued, virtually all locomotive headlights were equipped with 
the 200-watt lamps which are capable of producing in excess of 200,000 
candela. Thus, FRA was merely attempting to describe, in scientific 
terms, the type of lamps being used by the industry in locomotive 
headlight fixtures at that time.
    Subsequent to the issuance of the final rule, FRA developed 
informal enforcement guidance for its field inspectors related to when 
a locomotive's headlight should be considered inoperative. The guidance 
was eventually included in FRA's Motive Power and Equipment (MP&E) 
Enforcement Manual distributed in July of 1992. See MP&E Enforcement 
Manual at 8-79. This guidance instructed FRA inspectors to consider a 
locomotive's headlight to be operative when the locomotive is equipped 
with a sealed two-beam (two-lamp) headlight fixture and only one of the 
lamps is illuminated. The rationale for this guidance was based on the 
fact that virtually all locomotives were equipped with a dual-lamp 
headlight fixture and prior to the early 1990s the lamps used in these 
fixtures were the 200-watt lamps, each independently capable of 
producing at least 200,000 candela. Because the regulation only 
requires the headlight to produce 200,000 candela, FRA determined that 
it would not consider a dual-lamp headlight inoperative if it is 
equipped with at least one operative lamp capable of producing 200,000 
candela. Id.
    As noted above, in the early to mid-1990s, the industry began 
widespread use of the 350-watt lamps in both headlight and auxiliary 
light fixtures. Due to normal variations in production processes, the 
vast majority of 350-watt lamps produced since 1994 do not produce 
200,000 candela. The current production of the 350-watt lamps is 
centered at approximately 160,000 candela. Furthermore, data provided 
to FRA do not definitively establish that an individual 350-watt lamp 
meets the underlying performance standard, discussed above, on which 
the 200,000-candela requirement was based. Moreover, FRA is not 
comfortable applying an old and somewhat subjective performance 
standard in place of the more precise and scientific standard that was 
adopted several decades ago. Therefore, because most 350-watt lamps do 
not individually produce the luminous intensity specified in the 
existing regulation, FRA believes it is necessary to clarify its 
existing enforcement guidance and specifically modify the regulation to 
reflect its position regarding the use of 350-watt lamps in locomotive 
headlight fixtures.
    Consistent with FRA's existing enforcement guidance related to the 
headlight provisions contained in Sec.  229.125(a), FRA will continue 
to interpret the term ``headlight,'' as used in this provision, to mean 
the entire headlight fixture whether it is comprised of either one or 
more lamps. Thus, the requirement contained in this provision to 
produce 200,000 candela is to be determined by the luminous intensity 
of the entire headlight fixture. Although a single 350-watt lamp, as 
described above, generally does not produce 200,000 candela, data 
clearly establish that the beams of two 350-watt lamps in a dual-lamp 
headlight easily produce well in excess of 200,000 candela once the two 
beams overlap sufficiently, which occurs within a few feet in front of 
the fixture.
    In light of the above, FRA will consider a locomotive with a dual-
lamp headlight fixture that is equipped with two PAR-56, 350-watt, 75-
volt lamps to meet the 200,000-candela requirement contained in Sec.  
229.125(a), provided both lamps are operative. If either lamp in such a 
configuration becomes inoperative, the locomotive is to be handled in 
accordance with the movement-for-repair provisions contained in Sec.  
229.9. Similarly, FRA will continue to consider a headlight fixture 
equipped with a single operative PAR-56, 200-watt, 30-volt lamp to meet 
the candela requirements of Sec.  229.125(a) as such lamps are capable 
of individually producing 200,000 candela. FRA is amending the 
regulatory language contained in Sec.  229.125(a) to specifically 
include the interpretation and clarification discussed above. It should 
be noted that FRA expects railroads to have some method or procedure in 
place which notifies the operating crew and mechanical employees of the 
type of lamps being utilized in the locomotive headlight fixture in 
order that the locomotive can be properly handled for repairs, if 
necessary.

B. Auxiliary Lights: Sec.  229.125(d)(2)

    The regulatory provisions related to locomotive auxiliary lights 
are found at Sec.  229.125(d) through (h) and Sec.  229.133. These 
requirements were added to the regulations between 1993 and 1996 and 
were established through a rulemaking that began with a 1993 interim 
final rule, containing interim provision related to auxiliary lights, 
and then proceeded to a 1995 NPRM proposing many of the auxiliary light 
provisions that were ultimately issued in the 1996 final rule. See 58 
FR 6899 (February 3, 1993), 60 FR 44457 (August 28, 1995), and 61 FR 
8881 (March 6, 1996). At this time, the provisions relating to 
auxiliary lights contained in Sec.  229.133 are for the most part 
superseded by similar provisions contained at Sec.  229.125, except to 
the extent that certain types of auxiliary lights were ``super-
grandfathered'' as meeting the requirements of Sec.  229.125. See 61 FR 
8885-86 and Sec.  229.133(c). Although these documents require that 
each prescribed auxiliary light produce 200,000 candela, none of them 
directly discusses FRA's rationale for including the specified luminous 
intensity. It can be assumed that the 200,000-candela requirement was 
based on the headlight provision discussed above. Moreover, at the time 
the auxiliary light provisions were added to the regulations, both the

[[Page 49715]]

200-watt and 350-watt lamps were believed to be capable of producing 
200,000 candela. Consequently, when FRA incorporated the 200,000-
candela requirement into the auxiliary light provisions, it is clear 
that FRA was merely attempting to describe the locomotive lamps being 
used by the industry at that time.
    As part of the auxiliary light rulemaking, FRA's Office of Research 
and Development, through the Volpe National Transportation Systems 
Center (Volpe), studied the impact of auxiliary lights as alerting 
devices to improve locomotive conspicuity. The final report on this 
study was issued in July of 1995 under Report Number DOT/FRA/ORD-95-13 
(Volpe report). The report is part of FRA Docket Number RSGC-2 and is 
available online at: www.fra.dot.gov/rdv30/reports/index.htm. As part 
of this study, FRA evaluated various lighting systems. Four alerting 
light systems were evaluated for compliance with FRA's interim advisory 
standards, for costs, and for reliability. Field tests were also 
conducted on these lighting systems to determine their ability to 
increase an approaching train's visibility. These four alerting light 
systems included: standard locomotive headlights, crossing, ditch, and 
strobe lights. FRA utilized the data developed in this study as the 
basis for the auxiliary light provisions currently contained in Sec.  
229.125(d) through (h). See 60 FR 44457; and 61 FR 8881.
    Based on FRA's review of the Volpe Report and its supporting data 
and in light of data subsequently provided by General Electric Company 
(GE), FRA believes that use of either a 350-watt lamp or a 200-watt 
lamp in locomotive auxiliary lights meets FRA's intent when issuing the 
regulations pertaining to such fixtures. A review of the Volpe Report 
establishes that the lamps tested in the headlight, ditch light, and 
crossing light systems were all PAR-56, 350-watt, 75-volt lamps. See 
Volpe Report at Appendix D-4. Although the report notes that two 350-
watt lamps sampled for luminous intensity produced peak intensity 
reading in excess of 200,000 candela, there is no indication in the 
report that those specific lamps were ever used in any of the 
subsequent testing. One of these measurements was on an isocandela plot 
supplied to Volpe by Quest Corporation, the lamp vendor, based on data 
supplied by General Electric Company (GE), the lamp manufacturer, and 
the second was from a test conducted by the U.S. Coast Guard for the 
Volpe Center. See Volpe Report at Table 4-5 and Appendix C. Based on 
information recently provided by GE, FRA believes that the intensity 
readings on these two lamps were an anomaly in terms of peak intensity 
for 350-watt lamps. The data supplied by GE shows that only one of 93 
samples of the 350-watt lamp tested from 1994 to present produced a 
maximum beam candle power above 250,000 candela. This leads FRA to 
suspect that the lamp data supplied by Quest Corporation and the lamp 
tested by the Coast Guard in relation with the Volpe Report was 
potentially the same lamp, which was not representative of the lamps 
actually used in the Volpe tests. In fact, the lamps used in the Volpe 
field tests (which validated the benefits of using auxiliary lights) 
were 350 watt lamps. A large proportion of the lamps used in the tests 
in all probability did not meet the luminous intensity requirement 
because they were from normal production runs which included a high 
proportion of lamps with a peak luminous intensity below 200,000 
candela.
    In addition to the fact that the 350-watt lamp was used in the 
Volpe tests, FRA also believes that the 350-watt lamp currently being 
used in the industry provides equal, if not greater, benefits when used 
in auxiliary light fixtures than a 200-watt lamp capable of producing 
200,000 candela. The primary purpose of locomotive auxiliary lights is 
to enhance the visibility of the front-end locomotive of a train from 
the perspective of a driver of a motor vehicle approaching a grade 
crossing. See 61 FR 8881. With this purpose in mind, FRA believes that, 
due to the design of 350-watt lamps, they provide equal, if not 
greater, visibility to motorists approaching grade crossings. Although 
FRA used peak candela to describe the type of lamps to be used in 
auxiliary light fixtures, FRA believes that a more appropriate measure 
is the intensity of the light at an angle from the head of the 
locomotive. The Volpe Report indicates that the point of first 
detection of a train's auxiliary lights for a motorist approaching a 
grade crossing (205 feet from centerline of the tracks) occurred at 
approximately 1,550 feet, a point that is 7.5 degrees from the 
centerline of the locomotive. See Volpe Report at Section 5. The Volpe 
Report also indicates that the point at which the separation of the 
lamps in the headlight and auxiliary lights became detectable to an 
approaching motorist was at a distance of approximately 570 feet, a 
point that is 20 degrees from the centerline of the locomotive. Id. 
Based on this information, it is evident that the key intensity figure 
for an auxiliary light is the intensity of the light at angles of 
between 7.5 degrees and 20 degrees from the centerline of the 
locomotive.
    Although a 350-watt lamp does not generally produce a maximum beam 
candle power (MBCP) in excess of 200,000 candela, these lamps do 
produce a greater luminous intensity over a broader angle off of the 
beam centerline than the traditional 200-watt lamp capable of producing 
a MBCP in excess of 200,000 candela. In fact, the available data 
clearly establish that the currently produced 350-watt lamp has a 
higher light intensity at any angle greater than 3.5 degrees off the 
centerline when compared to the more traditional 200-watt lamp used on 
older locomotives. Thus, the 350-watt lamps are particularly well 
suited for use in auxiliary light locations, which are primarily 
intended to be seen by motorists well away from an approaching grade 
crossing. Consequently, FRA believes that available data support a 
determination that the 350-watt lamp currently being produced and which 
has been permitted to be used in most newer locomotive auxiliary light 
fixtures since the mid-1990s actually enhances the ability of a 
motorist to detect an on-coming train.
    In addition to the supporting data, FRA also notes that it has 
accepted the use of both 200-watt and 350-watt lamps since they began 
being used in auxiliary light fixtures beginning in the early to mid-
1990s. It should also be noted that grade crossing accidents, deaths, 
and injuries have dropped sharply since the introduction of the 350-
watt auxiliary lights in the mid-1990s. Furthermore, FRA is not aware 
of any complaints by operating crews or any deficiencies being noted by 
its field inspectors related to the luminous intensity produced by the 
350-watt lamps since they began being used in locomotives. Moreover, 
FRA is not aware of any private litigation where the intensity of the 
light produced by a locomotive's auxiliary lights was brought into 
question.
    In order to reflect FRA's intent when issuing the regulations 
related to auxiliary lights and to incorporate FRA's existing 
enforcement posture with regard to the use of 350-watt lamps, FRA is 
amending the auxiliary light provisions currently contained at Sec.  
229.125(d)(2) to specifically permit the continued use of 350-watt 
lamps. FRA believes this modification is necessary to ensure that there 
is no misunderstanding by either the regulated community or its field 
inspectors with regard to FRA's position. The modification makes clear 
that FRA will accept the use of either a lamp capable of producing 
200,000

[[Page 49716]]

candela (a PAR-56, 200-watt, 30-volt lamp) or a lamp capable of 
producing 3,000 candela at 7.5 degrees and 400 candela at 20 degrees 
from the centerline of the locomotive when the lamp is aimed parallel 
to the tracks (either a PAR-56, 200-watt, 30-volt lamp or a PAR-56, 
350-watt, 75-volt lamp). The light intensities being specified in the 
regulation are based on the luminous intensity produced at those angles 
by a PAR-56, 200-watt, 30-volt lamp (according to data supplied by GE) 
when such a lamp is aimed parallel to the tracks. FRA believes this is 
the most appropriate measure because the agency has interpreted the 
regulations as permitting this light intensity since their inception. 
Thus, acceptance of a lamp that produces an equivalent or greater 
intensity at these critical angles is consistent with the intent and 
purpose of the auxiliary light provisions when originally prescribed 
and is consistent with FRA's goal of promoting and facilitating new 
technologies. In furtherance of this goal, FRA also notes that although 
the modification being made to the regulation identifies specific lamps 
as meeting the specified criteria, the modification also acknowledges 
that lamps of equivalent design and capable of producing equivalent 
light intensities would be considered acceptable by FRA.

Related Provisions

    Although there are provisions contained in Sec. Sec.  229.133 and 
238.443 that reference the use of lamps producing 200,000 candela, FRA 
does not intend to change any of the language contained in those 
provisions at this time. Section 229.133 contains interim locomotive 
conspicuity measures that were incorporated into the regulations in 
1993 while the final provisions related to locomotive auxiliary lights 
were being developed. See 58 FR 6899; 60 FR 44457; and 61 FR 8881. 
Although locomotives equipped with one of the specified conspicuity 
measures were grandfathered as being compliant with the auxiliary light 
provisions included in Sec.  229.125, that grandfathering expired as of 
March 6, 2000. See 61 FR 8885 and Sec.  229.125(d). When issuing the 
final rule related to locomotive auxiliary lights in 1996, FRA did 
``super-grandfather'' certain locomotives if equipped with some of the 
auxiliary conspicuity measures specified in Sec.  229.133, which 
included: oscillating lights; strobe lights; and auxiliary lights if 
spaced at least 44 inches apart. See 61 FR 8885 and Sec.  229.133(c). 
Of the three types of measures ``super-grandfathered,'' only the 
provision related to oscillating lights specifies the use of a lamp 
capable of producing 200,000 candela. See Sec.  229.133(c)(1) through 
(c)(3). As there are very few locomotives currently being operated that 
are equipped with oscillating lights and because FRA has no data 
related to the impact of utilizing 350-watt lamps in single-lamp 
oscillating light fixtures, FRA is not in a position to accept the use 
of such lamps in these devices at this time. However, FRA will continue 
to accept the use of 350-watt lamps in those circumstances where an 
oscillating light is used in conjunction with the auxiliary lights 
described in Sec.  229.125, and in circumstances where an oscillating 
light under Sec.  229.133(b)(4)(i)(A) consists of a dual-lamp fixture 
equipped with two operative 350-watt lamps.
    The requirements related to Tier II passenger equipment also 
contain a requirement that Tier II power cars be equipped with 
headlights that produce at least 200,000 candela. See Sec.  238.443. 
However, contrary to the headlight provisions in part 229, which 
require that a locomotive be equipped with a single headlight, the 
provision in Sec.  238.443 requires each Tier II power car to be 
equipped with at least two headlights and that each headlight produce 
no less than 200,000 candela. Id. Moreover, the present design of the 
headlights on Tier II power cars utilizes a single lamp in each of the 
two required headlight fixtures. Thus, the preceding discussion related 
to FRA's acceptance of the use of 350-watt lamps in traditional 
locomotives covered under the provisions of Sec.  229.125(a), is not 
applicable to the headlights on Tier II power cars which are separately 
addressed in part 238.

General Information

    As the modifications contained in this document are intended to 
merely clarify FRA's intent when issuing the final rule related to 
auxiliary lights and incorporate existing FRA enforcement policies 
related to locomotive headlights and auxiliary lights, FRA is issuing 
this document as an interim final rule with a request for comments. 
Moreover, this document addresses FRA's continued acceptance of 
locomotive lamps which have been used throughout the industry for 
nearly a decade. Thus, FRA views the amendments contained in this 
document as technical clarifications of the existing regulations. 
Consequently, pursuant to 5 U.S.C. 553(b)(3)(B), FRA believes that good 
cause exists for finding that prior public notice of this action is 
both impracticable and unnecessary. However, FRA is requesting written 
comments on the content of this interim final rule and, if any are 
received, FRA will address them when issuing the final rule.
    FRA wishes to inform all potential commenters that anyone is able 
to search the electronic form of all comments received into any agency 
docket by the name of the individual submitting the comment (or signing 
the comment, if submitted on behalf of an association, business, labor 
union, etc.). You may review DOT's complete Privacy Act Statement in 
the Federal Register published on April 11, 2000 (Volume 65, Number 70; 
Pages 19477-78) or you may visit http://dms.dot.gov.

Regulatory Impact

Executive Order 12866 and DOT Regulatory Policies and Procedures

    This interim final rule has been evaluated in accordance with 
Executive Order 12866 and DOT policies and procedures. The 
modifications contained in this interim final rule are not considered 
significant because they are intended merely to clarify FRA's intent 
when issuing the final rule related to auxiliary lights and to 
incorporate existing FRA enforcement policies related to locomotive 
headlights and auxiliary lights. The economic impact of the 
modifications and clarifications contained in this interim final rule 
will not generally affect the cost of compliance with the existing 
regulations.

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. 
FRA certifies that this interim final rule does not have a significant 
impact on a substantial number of small entities. Because the 
modifications contained in this document either clarify existing 
regulatory requirements, codify existing enforcement policy, or are 
consistent with FRA's intent when issuing the original regulatory 
provisions, FRA has concluded that there are no substantial economic 
impacts on small units of government, businesses, or other 
organizations.

Paperwork Reduction Act

    This interim final rule does not change any of the information 
collection requirements contained in the original regulatory provisions 
being amended.

Environmental Impact

    FRA has evaluated this interim final rule in accordance with its 
``Procedures for Considering Environmental Impacts'' (FRA's Procedures) 
(64 FR 28545, May 26, 1999) as required by the National Environmental 
Policy Act (42 U.S.C. 4321 et seq.), other environmental

[[Page 49717]]

statutes, Executive Orders, and related regulatory requirements. FRA 
has determined that this document is not a major FRA action (requiring 
the preparation of an environmental impact statement or environmental 
assessment) because it is categorically excluded from detailed 
environmental review pursuant to section 4(c) of FRA's Procedures.

Federalism Implications

    FRA believes it is in compliance with Executive Order 13132. 
Because the modifications contained in this document either clarify 
existing regulatory requirements, codify existing enforcement policy, 
or are consistent with FRA's intent when issuing the original 
regulatory provisions, this document 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. This interim final rule will not have 
federalism implications that impose any direct compliance costs on 
State and local governments.

Unfunded Mandates Reform Act of 1995

    Pursuant to Section 201 of the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4, 2 U.S.C. 1531), 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 202 of the Act 
(2 U.S.C. 1532) further requires that ``before promulgating any general 
notice of proposed rulemaking that is likely to result in the 
promulgation of any rule that includes any Federal mandate that may 
result in 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. 
Because the modifications contained in this document either clarify 
existing regulatory requirements, codify existing enforcement policy, 
or are consistent with FRA's intent when issuing the original 
regulatory provisions, this document will not result in the 
expenditure, in the aggregate, of $100,000,000 or more in any one year, 
and thus preparation of such a statement is not required.

Energy Impact

    Executive Order 13211 requires Federal agencies to prepare a 
Statement of Energy Effects for any ``significant energy action.'' 66 
FR 28355 ( May 22, 2001). Under the Executive Order, a ``significant 
energy action'' is defined as any action by an agency (normally 
published in the Federal Register) that promulgates or is expected to 
lead to the promulgation of a final rule or regulation, including 
notices of inquiry, advance notices of proposed rulemaking, and notices 
of proposed rulemaking: (1)(i) that is a significant regulatory action 
under Executive Order 12866 or any successor order, and (ii) is likely 
to have a significant adverse effect on the supply, distribution, or 
use of energy; or (2) that is designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. FRA has evaluated interim final rule in accordance with 
Executive Order 13211. Because the modifications contained in this 
document either clarify existing regulatory requirements, codify 
existing enforcement policy, or are consistent with FRA's intent when 
issuing the original regulatory provisions, FRA has determined that 
this document will not have a significant adverse effect on the supply, 
distribution, or use of energy. Consequently, FRA has determined that 
this regulatory action is not a ``significant energy action'' within 
the meaning of Executive Order 13211.

List of Subjects in 49 CFR Part 229

    Auxiliary lights, Headlights, Locomotives, Railroad safety.

Adoption of the Amendment

0
In consideration of the foregoing, Part 229 of Chapter II of Title 49 
of the Code of Federal Regulations is amended to read as follows:

PART 229--RAILROAD LOCOMOTIVE SAFETY STANDARDS

0
1. The authority citation for Part 229 continues to read as follows:

    Authority: 49 U.S.C. 20102-03, 20107, 20133, 20137-38, 20143, 
20701-03, 21301-02, 21304; 49 CFR 1.49(c), (m).


0
2. Section 229.125 is amended by revising paragraphs (a) and (d)(2) to 
read as follows:


Sec.  229.125  Headlights and auxiliary lights.

    (a) Each lead locomotive used in road service shall have a 
headlight that produces a peak intensity of at least 200,000 candela. 
If a locomotive or locomotive consist in road service 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 have on its rear a headlight that produces at least 200,000 
candela. Each headlight shall be arranged to illuminate a person at 
least 800 feet ahead and in front of the headlight. For purposes of 
this section, a headlight shall be comprised of either one or two 
lamps.
    (1) If a locomotive is equipped with a single lamp headlight, the 
single lamp shall produce a peak intensity of at least 200,000 candela. 
The following meet the standard set forth in this paragraph (a)(1): a 
single PAR-56, 200-watt, 30-volt lamp; or a lamp of equivalent design 
and intensity.
    (2) If a locomotive is equipped with a dual-lamp headlight, a peak 
intensity of 200,000 candela shall be produced by the headlight based 
either on a single lamp capable of individually producing the required 
peak intensity or on the candela produced by the headlight with both 
lamps illuminated. If both lamps are needed to produce the required 
peak intensity, then both lamps in the headlight shall be operational. 
The following meet the standard set forth in this paragraph (a)(2): a 
single PAR-56, 200-watt, 30-volt lamp; two operative PAR-56, 350-watt, 
75-volt lamps; or a lamp(s) of equivalent design and intensity.
* * * * *
    (d) * * *
    (2) Each auxiliary light shall produce a peak intensity of at least 
200,000 candela or shall produce at least 3,000 candela at an angle of 
7.5 degrees and 400 candela at an angle of 20 degrees from the 
centerline of the locomotive when the light is aimed parallel to the 
tracks. Any of the following meet the standard set forth in this 
paragraph (d)(2): a PAR-56, 200-watt, 30-volt lamp; a PAR-56, 350-watt, 
75-volt lamp; or a lamp of equivalent design and intensity.
* * * * *

    Issued in Washington, DC on August 12, 2003.
Allan Rutter,
Federal Railroad Administrator.
[FR Doc. 03-21136 Filed 8-18-03; 8:45 am]
BILLING CODE 4910-06-P