[Federal Register Volume 69, Number 51 (Tuesday, March 16, 2004)]
[Rules and Regulations]
[Pages 12532-12538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5913]
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Part V
Department of Transportation
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Federal Railroad Administration
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49 CFR Part 229
Railroad Locomotive Safety Standards: Clarifying Amendments; Headlights
and Auxiliary Lights; Final Rule
Federal Register / Vol. 69, No. 51 / Tuesday, March 16, 2004 / Rules
and Regulations
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 229
[Docket No. FRA-2003-14217; Notice No. 2]
RIN 2130-AB58
Railroad Locomotive Safety Standards: Clarifying Amendments;
Headlights and Auxiliary Lights
AGENCY: Federal Railroad Administration (FRA), DOT.
ACTION: Final rule.
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SUMMARY: On August 19, 2003, FRA published an interim final rule making
a technical clarification to the locomotive headlight and auxiliary
light provisions contained in Sec. 229.125(a) and (d) of title 49 of
the Code of Federal Regulations (CFR). The purpose of the modification
was to codify FRA's longstanding acceptance of lamps used in locomotive
headlights and auxiliary lights. FRA believes that the clarification is
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
clarification furthers FRA's goal of facilitating the use of advanced
technologies and enhances FRA's safety enforcement program by
recognizing specific types of lamps it considers acceptable for use in
headlights and auxiliary lights. This final rule retains the technical
clarifications made in the interim final rule with minor changes for
consistency and clarity.
DATES: This final rule is effective March 16, 2004.
ADDRESSES: Petitions: Any petitions for reconsideration related to
Docket No. FRA-2003-14217, may be submitted by any of the following
methods:
Web Site: http://dms.dot.gov. Follow the
instructions for submitting comments on the DOT electronic docket site.
Fax: 1-202-493-2251.
Mail: Docket Management Facility; U.S.
Department of Transportation, 400 Seventh Street, SW., Nassif Building,
Room PL-401, Washington, DC 20590-001.
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.
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 petitions for reconsideration 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 petition, comment, or material.
Docket: For access to the docket to read background documents,
comments, or petitions for reconsideration 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
On August 19, 2003, FRA published an interim final rule making a
technical clarification to the locomotive headlight and auxiliary light
provisions contained in 49 CFR 229.125(a) and (d). See 68 FR 49713
(``Interim Final Rule''). In this Interim Final Rule, FRA stated its
belief that, based on new technologies and designs related to the lamps
utilized in road locomotive headlights and auxiliary lights over the
last decade, the Federal regulations governing these components needed
to be modified both to remain consistent with FRA's intent when it
originally issued those provisions and to incorporate FRA's enforcement
policies developed over the intervening years. Currently, there are two
primary types of lamps utilized in locomotive headlight and auxiliary
light fixtures: 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 locomotive auxiliary lights, the railroad
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 these data
were 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 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) before their revision through
the Interim Final Rule, FRA has accepted and will continue to accept
the use of 350-watt lamps in both headlight and auxiliary light
fixtures for the reasons discussed below. In this preamble, reference
to a section or numbered part is to a section or numbered part 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 issued the Interim Final Rule 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. This final rule
retains the amendments made in that Interim Final Rule with minor
changes for consistency and clarity.
Discussion of Comments
In response to the Interim Final Rule, FRA received comments from
three organizations: the Brotherhood Railway Carmen Division of the
Transportation Communications International Union (BRC), the
Association of American Railroads (AAR), and the Long Island Rail Road
(LIRR). The concerns raised by the AAR and the LIRR were similar in
that they both sought additional relief from the requirements related
to the handling of a locomotive that experiences the failure of one
lamp in a dual 350-watt lamp headlight. The
[[Page 12533]]
concerns raised by the BRC related to the process by which FRA issued
the clarifying amendments contained in the Interim Final Rule and
retained in this final rule. The BRC expressed concern over FRA's
publication of the clarifying amendments in an immediately effective
interim final rule. Although the BRC does not object to either the
substance or the issuance of the Interim Final Rule in this instance,
the organization did want to ensure that FRA was not utilizing
immediately effective interim final rules to make substantive changes
to existing regulations. It appears that the BRC's primary concern is
that FRA not abuse the procedure utilized in this proceeding.
As the modifications contained in the Interim Final Rule and
retained in this final rule were intended merely to 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 initially issued the technical
clarifications as an Interim Final Rule with a request for comments.
The Interim Final Rule made clear that the clarifications were intended
to reinforce FRA's continued acceptance of locomotive lamps which have
been used throughout the industry for nearly a decade. See 68 FR 49713-
16. Because FRA viewed the amendments as technical clarifications of
the existing regulations, FRA believes that good cause existed for
finding that prior public notice of the action was both impracticable
and unnecessary. See 5 U.S.C. 553(b)(3)(B).
With this said, FRA wishes to make clear that the issuance of an
immediately effective interim final rule is a very rare procedural
action used by the agency. FRA believes that due to the historical
development and enforcement of the provisions involved that it was
necessary to issue an immediately effective interim final rule to
ensure continued, consistent, and unambiguous enforcement of the
headlight and auxiliary light provisions contained in the regulations.
FRA fully agrees with the BRC that substantive rule changes should not
be made through such a regulatory vehicle and that such an action would
violate the Administrative Procedure Act. FRA welcomes the BRC's
continued vigilance of its regulatory activities and appreciates the
organization's participation and input in all areas of its enforcement
program to ensure the safety of the nation's railroads.
The comments of both the AAR and the LIRR seek additional latitude
with regard to the handling of a locomotive that utilizes two PAR-56,
350-watt, 75-volt (350-watt) lamps to achieve the 200,000 candela
headlight requirement when one of the two lamps becomes inoperative.
The AAR seeks to have the provisions related to movement of locomotives
with defective auxiliary lights contained at Sec. 229.125(g) applied
to locomotives that experience the failure of one or more of the 350-
watt lamps utilized in a locomotive's headlight. Similarly, the LIRR
seeks to have the regulation amended to permit a locomotive with one
inoperative 350-watt lamp in the headlight, found during or after the
performance a calendar-day inspection, to continue in revenue service
until the next calendar-day inspection. Both these commenters base
their requests on the fact that one operative 350-watt lamp is still
available in the headlight and that the auxiliary lights mounted on the
locomotive will provide additional illumination in front of the
locomotive and would not compromise safety.
The Interim Final Rule made clear that 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. The
preamble to the Interim Final Rule further stated that if either lamp
in such a configuration became inoperative, the locomotive was to be
handled in accordance with the movement-for-repair provisions contained
in Sec. 229.9. See 68 FR 49714. Under the provisions of Sec. 229.9,
such a locomotive may continue to use its propelling motors only if it
is properly tagged and only until the earlier of either the next
calendar day inspection or the arrival of the locomotive at the nearest
forward point where the repairs necessary to bring it into compliance
can be made. See 49 CFR 229.9(b).
The purpose of the technical amendments made to the locomotive
headlight requirements in the Interim Final Rule was to clarify the
alternative methods by which the existing 200,000 candela requirement
could be achieved based on the design of locomotive headlight fixtures
and the type of lamps used in those fixtures. Because the purpose of
the clarifying amendments was to merely incorporate longstanding
enforcement policies related to locomotive headlights into the
regulation, FRA proceeded directly to an interim final rule with a
request for comments. In FRA's opinion, the additional latitude sought
by the AAR and LIRR regarding the handling of a locomotive with a
headlight fixture not capable of producing 200,000 candela would
constitute a substantive change to the existing regulation. With the
concerns of the BRC in mind, FRA believes that to make such a
substantive change in a rulemaking proceeding, intended to be a
technical clarification of the existing regulation, would clearly
violate the Administrative Procedure Act. Thus, although there may be
some merit to the requests made by the AAR and the LIRR, FRA does not
believe this rulemaking is the proper forum in which to address the
issues. While their comments may have merit when considering
locomotives with auxiliary lights aimed parallel to the centerline of
the locomotive and burning steadily, Part 229 permits auxiliary lights
to be aimed up to 15 degrees of the centerline and permits auxiliary
lights to flash. See 49 CFR 229.125(d)(3) and (e)(1). Further,
auxiliary lights may be extinguished or dimmed when trains are passing
and under certain other conditions. See 49 CFR 229.125(f). FRA believes
that changes in these provisions would be beyond the scope of this
rulemaking proceeding. The relief sought by AAR and LIRR also raises a
number of technical and operational issues that would need to be fully
explored and evaluated before any action could be considered by FRA.
Consequently, FRA is denying the requests made by AAR and LIRR in their
comments to this proceeding. AAR and LIRR can of course file a petition
under 49 C.F.R. part 211 seeking an FRA rulemaking to address the
additional latitude they favor.
In addition to the specific relief sought by AAR and LIRR, both
parties' comments contain information and suggestions for FRA. LIRR's
comments note that qualification testing of a 350-watt lamp conducted
in late-2001 indicated that the lamp could successfully illuminate a
person at 800 feet. The results of this testing were not included with
the comments, and FRA is not aware of these tests. A similar test that
was reviewed by FRA produced inconclusive results, at best. Moreover,
the old performance standard from which the existing 200,000-candela
requirement is derived required the headlight to illuminate a dark
object the size of a man at least 800 feet in front of the light. See
44 FR 29618 and 45 FR 21109. At this time FRA is not aware of any
testing which definitively establishes that the typical 350-watt lamp
is capable of meeting that old performance standard or the existing
200,000-candela requirement.
AAR's comments also urge FRA to convene a group of technical
experts to develop a permanent illumination standard for headlights and
auxiliary
[[Page 12534]]
lights that is based on sound scientific analysis. AAR notes that there
was little scientific analysis conducted when the 200,000-candela
requirement was adopted in 1980 and stresses that the intensity
requirement was established prior to the requirements related to
auxiliary lights which add to the illumination provided by a
locomotive's headlight. AAR states that it is eager to participate in
such a review. FRA agrees that such an endeavor may be useful. FRA
welcomes any additional details, information, suggestions, and views
related to such a review from AAR and any other interested party. FRA
also notes that AAR enjoys custody and control of the Transportation
Technology Center, where controlled tests could be readily
accomplished.
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. 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
minimum 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. 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 believed it was 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.
In the Interim Final Rule, consistent with FRA's existing
enforcement guidance related to the headlight provisions contained in
Sec. 229.125(a), FRA asserted that it would 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 view of the above, the Interim Final Rule made clear that 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, the
Interim Final Rule made clear that FRA will continue to consider a
headlight fixture equipped with a single operative PAR-56, 200-watt,
30-volt lamp to meet the intensity requirement of Sec. 229.125(a)
because such a lamp is capable of individually producing 200,000
candela. This final rule retains the amendments made in the Interim
Final Rule to the regulatory language contained in Sec. 229.125(a) to
specifically include the interpretations and clarifications 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
[[Page 12535]]
regulations between 1993 and 1996 and were established through a
rulemaking that began with a 1993 interim final rule, containing
interim provisions 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 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 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 No. RSGC-2
and is available online at: http://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 GE, the lamp
manufacturer, and the second was from a test conducted by the U.S.
Coast Guard for Volpe. 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 show that only
one of 93 samples of the 350-watt lamp tested from 1994 to the present
produced a maximum beam candle power above 250,000 candela. This fact
leads FRA to suspect that the lamp for which data was supplied by Quest
Corporation and the lamp that was tested by the Coast Guard in relation
to the Volpe Report may have been 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 the minimum 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 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 oncoming 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,
[[Page 12536]]
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, the
Interim Final Rule amended the regulatory provisions relating to the
auxiliary light provisions contained at Sec. 229.125(d)(2) to
specifically permit the continued use of 350-watt lamps. FRA received
no specific substantive objections to the clarifying amendments made in
the Interim Final Rule. Therefore, this final rule retains the
clarifying amendments made in the Interim Final Rule with minor changes
for consistency and clarity. FRA continues to believe 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 at least 200,000 candela (a PAR-56,
200-watt, 30-volt lamp) or a lamp capable of producing a minimum of
3,000 candela at 7.5 degrees and a minimum of 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 specified in the Interim
Final Rule and retained in this final rule 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 continues to believe 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 made to the regulation by the Interim Final Rule and
retained in this final rule 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 at least 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
interim conspicuity measures were ``grandfathered'' or exempted from
the subsequent auxiliary light provisions included in Sec. 229.125,
that grandfathering expired on 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 at least 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 at least one 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
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 final rule has been evaluated in accordance with Executive
Order 12866 and DOT policies and procedures. The modifications retained
in this 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 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 final rule does not have a significant impact
on a substantial number of small entities. Because the modifications
retained 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
[[Page 12537]]
economic impacts on small units of government, businesses, or other
organizations.
Paperwork Reduction Act
This 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 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 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 retained 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 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 retained 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 this final rule in accordance with Executive
Order 13211. Because the modifications retained 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 lamps meet the standard set forth in this paragraph
(a)(1): a single operative PAR-56, 200-watt, 30-volt lamp; or an
operative lamp of equivalent design and intensity.
(2) If a locomotive is equipped with a dual-lamp headlight, a peak
intensity of at least 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 lamps meet the standard set forth
in this paragraph (a)(2): a single operative PAR-56, 200-watt, 30-volt
lamp; two operative PAR-56, 350-watt, 75-volt lamps; or operative
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 at least 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 lamps meet the standard set forth in this
paragraph (d)(2): an operative PAR-56, 200-watt, 30-volt lamp; an
operative PAR-56,350-watt,
[[Page 12538]]
75-volt lamp; or an operative lamp of equivalent design and intensity.
* * * * *
Issued in Washington, DC, on March 10, 2004.
Allan Rutter,
Federal Railroad Administrator.
[FR Doc. 04-5913 Filed 3-15-04; 8:45 am]
BILLING CODE 4910-06-P