49 CFR Ch. II (10–1–20 Edition)

Pt. 224 49 CFR Ch. II (10–1–20 Edition)

of the Target Material by the projectile. Par- 224.103 Characteristics of retroreflective tial penetration of the impact (front) surface sheeting. of the Target Material does not constitute a 224.105 Sheeting dimensions and quantity. failure; and 224.106 Location of retroreflective sheeting. (ii) there shall be no penetration of par- 224.107 Implementation schedule. ticles from the back side of the Target Mate- 224.109 Inspection, repair, and replacement. rial through the back side of the prescribed 224.111 Renewal. Witness Plate. APPENDIX A TO PART 224 [RESERVED] (15) Test specimens must consecutively APPENDIX B TO PART 224—FORM pass the required number of tests at the re- REFLECTORIZATION IMPLEMENTATION COM- quired minimum velocities. Individual tests PLIANCE REPORT resulting in failures at greater than the re- APPENDIX C TO PART 224—GUIDELINES FOR quired minimum velocities may be repeated SUBMITTING REFLECTORIZATION IMPLE- but a failure of an individual test at less MENTATION COMPLIANCE REPORTS than the minimum velocity shall result in AUTHORITY: 49 U.S.C. 20103, 20107, 20148 and termination of the total test and failure of 21301; 28 U.S.C. 2461, note; and 49 CFR 1.89. the material. (16) After successful completion of the pre- SOURCE: 70 FR 62176, Oct. 28, 2005, unless scribed set of required consecutive tests, a otherwise noted. manufacturer may certify in writing that a particular glazing material meets the re- Subpart A—General quirements of these standards. c. Material Identification § 224.1 Purpose and scope. (1) Each individual unit of glazing material shall be permanently marked, prior to in- (a) The purpose of this part is to re- stallation, to indicate that this type of ma- duce highway-rail grade crossing acci- terial has been successfully tested as set dents and deaths, injuries, and prop- forth in this appendix and that marking erty damage resulting from those acci- shall be done in such a manner that it is dents, by enhancing the conspicuity of clearly visible after the material has been rail freight rolling stock so as to in- installed. crease its detectability by motor vehi- (2) Each individual unit of a glazing mate- cle operators at night and under condi- rial that has successfully passed the Type I testing regimen shall be marked to indicate: tions of poor visibility. (i) ‘‘FRA Type I’’ material; (b) In order to achieve cost-effective (ii) the manufacturer of the material; mitigation of collision risk at high- (iii) the type or brand identification of the way-rail grade crossings, this part es- material. tablishes the duties of freight rolling (3) Each individual unit of a glazing mate- stock owners (including those who rial that has successfully passed the Type II manage maintenance of freight rolling testing regimen shall be marked to indicate: stock, supply freight rolling stock for (i) ‘‘FRA Type II’’ material; transportation, or offer freight rolling (ii) the manufacturer of the material; stock in transportation) and railroads (iii) the type or brand identification of the material. to progressively apply retroreflective material to freight rolling stock, and to periodically inspect and maintain PART 224—REFLECTORIZATION OF that material. Freight rolling stock RAIL FREIGHT ROLLING STOCK owners, however, are under no duty to install, clean or otherwise maintain, or Subpart A—General repair reflective material except as Sec. specified in this part. 224.1 Purpose and scope. (c) This part establishes a schedule 224.3 Applicability. for the application of retroreflective 224.5 Definitions. material to rail freight rolling stock 224.7 Waivers. and prescribes standards for the appli- 224.9 Responsibility for compliance. cation, inspection, and maintenance of 224.11 Penalties. retroreflective material to rail freight 224.13 Preemptive effect. rolling stock for the purpose of enhanc- 224.15 Special approval procedures. ing its detectability at highway-rail grade crossings. This part does not re- Subpart B—Application, Inspection, and strict a freight rolling stock owner or Maintenance of Retroreflective Material railroad from applying retroreflective 224.101 General requirements. material to freight rolling stock for

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other purposes if not inconsistent with poses of this part applies only to a lo- the recognizable pattern required by comotive used in the transportation of this part. freight or the operation of a work train. § 224.3 Applicability. Obscured means concealed or hidden This part applies to all railroad (i.e., covered up, as where a layer of freight cars and locomotives that oper- paint or dense chemical residue blocks ate over a public or private highway- all incoming light); this term does not rail grade crossing and are used for rev- refer to ordinary accumulations of dirt, enue or work train service, except: grime, or ice resulting from the normal (a) Freight rolling stock that oper- railroad operating environment. ates only on track inside an installa- Person means an entity of any type tion that is not part of the general rail- covered under 1 U.S.C. 1, including but road system of transportation; not limited to the following: A rail- (b) Rapid transit operations in an road; a manager, supervisor, official, or urban area that are not connected to other employee or agent of a railroad; the general railroad system of trans- any owner, manufacturer, lessor, or portation; lessee of railroad equipment, track or (c) Locomotives and passenger cars facilities; any independent contractor used exclusively in passenger service; providing goods or services to a rail- or road; and any employee of such an (d) Freight rolling stock that is sub- owner, manufacturer, lessor, lessee, or ject to a reflectorization requirement independent contractor. promulgated by another Federal agen- Railroad means all forms of non-high- cy. way ground transportation that run on rails or electromagnetic guideways, in- § 224.5 Definitions. cluding high speed ground transpor- Administrator means the Adminis- tation systems that connect metropoli- trator of the Federal Railroad Admin- tan areas, without regard to whether istration or the Administrator’s dele- they use new technologies not associ- gate. ated with traditional railroads. Associate Administrator means the As- Railroad freight car has the meaning sociate Administrator for Safety, Fed- assigned by § 215.5 of this chapter. eral Railroad Administration, or the Tank car means a rail car, the body of Associate Administrator’s delegate. which consists of a tank for trans- Damaged means scratched, broken, porting liquids. chipped, peeled, or delaminated. Universal Machine Language Equip- Flat car means a car having a flat ment Register means the database con- floor or deck on the underframe with taining information on rail equipment no sides, ends or roof (including spine maintained by the Association of cars, articulated and mult-unit inter- American Railroads. modal cars). Unqualified Retroreflective Sheeting Freight rolling stock means: means engineering grade sheeting, (1) Any locomotive subject to part 229 super engineering grade sheeting (en- of this chapter used to haul or switch closed lens) or high-intensity type freight cars (whether in revenue or sheeting (ASTM Type I, II, III, or IV work train service); and Sheeting) as described in ASTM Inter- (2) Any railroad freight car (whether national Standard D–4956–04, ‘‘Standard used in revenue or work train service). Specification for Retroreflective Sheet- Freight rolling stock owner means any ing for Traffic Control.’’ person who owns freight rolling stock, Work train means a non-revenue serv- is a lessee of freight rolling stock, ice train used for the maintenance and manages the maintenance or use of upkeep service of the railroad. freight rolling stock on behalf of an owner or one or more lessors or lessees, § 224.7 Waivers. or otherwise controls the maintenance (a) Any person subject to a require- or use of freight rolling stock. ment of this part may petition the Ad- Locomotive has the meaning assigned ministrator for a waiver of compliance by § 229.5 of this chapter, but for pur- with such requirement. The filing of

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such a petition does not affect that assessed. Each day a violation con- person’s responsibility for compliance tinues shall constitute a separate of- with that requirement while the peti- fense. FRA’s website at www.fra.dot.gov tion is being considered. contains a schedule of civil penalty (b) Each petition for waiver under amounts used in connection with this this section shall be filed in the man- part. ner and contain the information re- (b) Any person who knowingly and quired by part 211 of this chapter. willfully falsifies a record or report re- (c) If the Administrator finds that a quired by this part is subject to crimi- waiver of compliance is in the public nal penalties under 49 U.S.C. 21311. interest and is consistent with railroad safety, the Administrator may grant [70 FR 62176, Oct. 28, 2005, as amended at 72 the waiver subject to any conditions FR 51197, Sept. 6, 2007; 73 FR 79702, Dec. 30, 2008; 77 FR 24420, Apr. 24, 2012; 81 FR 43110, that the Administrator deems nec- July 1, 2016; 82 FR 16133, Apr. 3, 2017; 83 FR essary. 60747, Nov. 27, 2018; 84 FR 23735, May 23, 2019; 84 FR 37073, July 31, 2019] § 224.9 Responsibility for compliance. (a) Freight rolling stock owners, rail- § 224.13 Preemptive effect. roads, and (with respect to certifi- Under 49 U.S.C. 20106, issuance of this cation of material) manufacturers of part preempts any State law, rule, reg- retroreflective material, are primarily ulation, or order covering the same responsible for compliance with this subject matter, except an additional or part. However, any person that per- more stringent law, rule, regulation, or forms any function or task required by order that is necessary to eliminate or this part (including any employee, reduce an essentially local safety haz- agent, or contractor of the aforemen- ard; that is not incompatible with a tioned), must perform that function in law, rule, regulation, or order of the accordance with this part. United States Government; and that (b) Any person performing any func- does not unreasonably burden inter- tion or task required by this part shall state commerce. be deemed to have consented to FRA inspection of the person’s facilities and § 224.15 Special approval procedures. records to the extent necessary to de- termine whether the function or task (a) General. The following procedures is being performed in accordance with govern consideration and action upon the requirements of this part. requests for special approval of alternative standards under § 224.103(e). § 224.11 Penalties. (b) Petitions. (1) Each petition for spe- (a) Any person (including but not cial approval of an alternative stand- limited to a railroad; any manager, su- ard shall contain— pervisor, official, or other employee or (i) The name, title, address, and tele- agent of a railroad; any owner, manu- phone number of the primary person to facturer, lessor, or lessee of railroad be contacted with regard to the peti- equipment, track, or facilities; any em- tion; ployee of such owner, manufacturer, (ii) The alternative proposed, in de- lessor, lessee, or independent con- tail, to be substituted for the par- tractor) who violates any requirement ticular requirements of this part; and of this part or causes the violation of (iii) Appropriate data and analysis any such requirement is subject to a establishing that the alternative will civil penalty of at least $892, but not provide at least an equivalent level of more than $29,192 per violation, except safety and meet the requirements of that: Penalties may be assessed against § 224.103(e). individuals only for willful violations, (2) Each petition for special approval and, where a grossly negligent viola- of an alternative standard shall be sub- tion or a pattern of repeated violations mitted to the Docket Clerk, Office of has created an imminent hazard of Chief Counsel, Federal Railroad Ad- death or injury to persons, or has ministration, RCC–10, Mail Stop 10, caused death or injury, a penalty not 1200 New Jersey Avenue, SE., Wash- to exceed $116,766 per violation may be ington, DC 20590.

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(c) Notice. FRA will publish a notice ternative standard is not acceptable or in the FEDERAL REGISTER concerning that the proposed changes are not jus- each petition under paragraph (b) of tified, or both, the petition will be de- this section. nied, normally within 90 days of its re- (d) Public comment. FRA will provide ceipt. a period of not less than 30 days from (3) When FRA grants or denies a peti- the date of publication of the notice in tion, or reopens consideration of a peti- the FEDERAL REGISTER during which tion, written notice is sent to the peti- any person may comment on the peti- tioner and other interested parties and tion. a copy of the notice is placed in the (1) Each comment shall set forth spe- electronic docket of the proceeding. cifically the basis upon which it is [70 FR 62176, Oct. 28, 2005, as amended at 74 made, and contain a concise statement FR 25173, May 27, 2009] of the interest of the commenter in the proceeding. (2) Each comment shall be submitted Subpart B—Application, Inspec- to the U.S. Department of Transpor- tion, and Maintenance of tation, Docket Operations (M–30), West Retroreflective Material Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Wash- § 224.101 General requirements. ington, DC 20590, and shall contain the All rail freight rolling stock subject assigned docket number which appears to this part shall be equipped with in the FEDERAL REGISTER for that pro- retroreflective sheeting that conforms ceeding. The form of such submission to the requirements of this part. Not- may be in written or electronic form withstanding any other provision of consistent with the standards and re- this chapter, the application, inspec- quirements established by the Federal tion, and maintenance of that sheeting Docket Management System and post- shall be conducted in accordance with ed on its Web site at http:// this subpart or in accordance with an www.regulations.gov. alternative standard providing at least (3) In the event FRA determines that an equivalent level of safety after spe- it requires additional information to cial approval of FRA under § 224.15. appropriately consider the petition, FRA will conduct a hearing on the pe- § 224.103 Characteristics of tition in accordance with the proce- retroreflective sheeting. dures provided in § 211.25 of this chap- (a) Construction. Retroreflective ter. sheeting applied pursuant to this part (e) Disposition of petitions. (1) If FRA shall consist of a smooth, flat, trans- finds that the petition complies with parent exterior film with micropris- the requirements of this section and matic retroreflective elements embed- that the proposed alternative standard ded in or suspended beneath the film so is acceptable or changes are justified, as to form a non-exposed or both, the petition will be granted, retroreflective optical system. normally within 90 days of its receipt. (b) Color. Retroreflective sheeting ap- The Associate Administrator may de- plied pursuant to this part shall be yel- termine the applicability of other tech- low, fluorescent yellow, or white as nical requirements of this part when specified by the chromaticity coordi- rendering a decision on the petition. If nates of ASTM International’s Stand- the petition is neither granted nor de- ard D 4956–04, ‘‘Standard Specification nied within 90 days, the petition re- for Retroreflective Sheeting for Traffic mains pending for decision. FRA may Control.’’ The Director of the Federal attach special conditions to the ap- Register approves the incorporation by proval of the petition. Following the reference of this standard in this sec- approval of a petition, FRA may re- tion in accordance with 5 U.S.C. 552(a) open consideration of the petition for and 1 CFR part 51. You may obtain a cause stated. copy of the incorporated standard from (2) If FRA finds that the petition ASTM International, 100 Barr Harbor does not comply with the requirements Drive, P.O. Box C700, West of this section, or that the proposed al- Conshohocken, PA 19428–2959 or at

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http://www.astm.org. You may inspect a (c) Performance. Retroreflective copy of the incorporated standard at sheeting applied pursuant to this part the Federal Railroad Administration, shall meet the requirements of ASTM Docket Clerk, 1200 New Jersey Avenue, D 4956–04, for Type V Sheeting if metal- SE., Washington, DC 20590 or at the Na- ized or Type VII Sheeting if non-metal- tional Archives and Records Adminis- ized, except for the initial minimum tration (NARA). For information on values of the coefficient of the availability of this material at retroreflection, and shall, as initially NARA, call 202–741–6030, or go to http:// applied, meet the minimum values for www.archives.gov/federallregister/ the coefficient of retroreflection specified in Table 1 of this subpart. codeloflfederallregulations/ ibrllocations.html. [70 FR 62176, Oct. 28, 2005, as amended at 74 FR 25173, May 27, 2009]

TABLE 1 TO SUBPART B OF PART 224—MINIMUM COEFFICIENT OF RETROREFLECTION 2 (RA) (IN CANDELA/LUX/METER ) REQUIREMENT FOR RETROREFLECTIVE SHEETING (MINIMUM PHOTOMETRIC PERFORMANCE REQUIREMENTS)

Observation angle

Entrance angle 0.2 Degree 0.5 Degree Yellow or fluo- Yellow or fluorescent yellow White rescent yellow White

¥4° ...... 400 600 100 160 30° ...... 220 350 45 75

(d) Certification. The characters ‘‘FRA–224’’, § 224.105 Sheeting dimensions and constituting the manufacturer’s certifi- quantity. cation that the retroreflective sheeting conforms to the requirements of paragraphs (a) Retroreflective sheeting shall be ap- through (c) of this section, shall appear at plied along the length of each railroad least once on the exposed surface of each freight car and locomotive side as de- piece of sheeting in the final application. scribed in § 224.106. Unless otherwise The characters shall be a minimum of three specified, retroreflective sheeting ap- millimeters high, and shall be permanently plied under this part shall be applied in stamped, etched, molded, or printed within strips 4 inches wide and 18 or 36 inches the product and each certification shall be long, as practicable. The amount of spaced no more than four inches apart. retroreflective sheeting to be applied (e) Alternative standards. Upon petition by a to each car or locomotive subject to freight rolling stock owner or railroad under this part is dependent on the length of § 224.15, the Associate Administrator may ap- the car or locomotive and the color of prove an alternative technology as providing the sheeting. For purposes of this part, equivalent safety. Any such petition shall the length of a railroad freight car or provide data and analysis sufficient to estab- locomotive is measured from endsill to lish that the technology will result in conspicuity and durability at least equal to endsill, exclusive of the coupler and sheeting described in paragraphs (a) through draft gear. Each side of a railroad (c) applied in accordance with this part and freight car subject to this part, includ- will present a recognizable visual target that ing each unit of multi-unit cars, and is suitably consistent with freight rolling each side of a locomotive subject to stock equipped with retroreflective sheeting this part must be equipped with at meeting the technical requirements of this least the minimum amount of part to provide the intended warning to mo- retroreflective sheeting specified in torists. Table 2 of this subpart.

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TABLE 2 TO SUBPART B OF PART 224—MINIMUM QUANTITY REQUIREMENT FOR RETROREFLECTIVE SHEETING ON FREIGHT ROLLING STOCK

Minimum area of retroreflective Minimum area of retroreflective sheeting required (per car/lo- sheeting required (per car/lo- Freight car or locomotive length comotive side)—yellow comotive side)—white sheeting sheeting (ft 2) (ft 2)

Less than 50 ft. 3.5 4.0 Over 50 ft. to 60 ft. 4.0 5.0 Over 60 ft. to 70 ft. 4.5 5.5 Over 70 ft. to 80 ft. 5.0 6.0 Over 80 ft. to 90 ft. 5.5 7.0 Over 90 ft. to 100 ft. 1 ...... 6.0 7.5 1 Freight cars or locomotives over 100 ft. in length must be equipped with an additional one-half a square foot of sheeting on each side for every additional 10 feet of length.

§ 224.106 Location of retroreflective into 4x9 inch strips and applied on ei- sheeting. ther side of the appurtenance, dis- (a) Railroad freight cars. The continuous surface, or car markings or retroreflective sheeting shall be ap- stencils, as practicable. Unless other- plied along the length of each railroad wise specified, retroreflective sheeting freight car side in the manner provided shall be applied along the sides of by a uniform industry standard accept- freight rolling stock at intervals not to ed by the Associate Administrator that exceed every 12 feet, as practicable. If provides for distribution of material it is not practicable to apply along the length of each car and as retroreflective sheeting every 12 feet close as practicable to 42 inches above because of existing stencils, appur- the top of rail. In the event such a tenances, or discontinuous surfaces, standard is not proffered by industry or the sheeting shall be applied at the accepted by the Associate Adminis- next smallest interval practicable. trator, the criteria set forth in this (1) General rule. On railroad freight subpart shall apply. Retroreflective cars other than flat cars and tank cars, sheeting applied under this part must retroreflective sheeting shall be ap- be located clear of appurtenances and plied in either a vertical or horizontal devices such as ladders and other safe- pattern along the length of the car ty appliances, pipes, or other attach- sides, with the bottom edge of the ments that may obscure its visibility. sheeting as close as practicable to 42 Retroreflective sheeting need not be inches above the top of rail. applied to discontinuous surfaces such Retroreflective sheeting shall not be as bolts, rivets, door hinges, or other applied below the side sill. irregularly shaped areas that may pre- (i) Vertical application. If vent the sheeting from adhering to the retroreflective sheeting is applied in a car sides. In addition, retroreflective vertical pattern, at least one 4x36 inch sheeting need not be applied over exist- strip or two 4x18 inch strips, one above ing or required car stencils and mark- the other, shall be applied as close to ings. If necessary to avoid appur- each end of the car as practicable. Be- tenances, discontinuous surfaces, or ex- tween these two vertical end strips, a isting or required car markings or minimum of one 4x18 inch strip shall be stencils, 4x18 and 4x36 inch strips of applied at least every 12 feet, as prac- retroreflective material may be divided ticable. See Figures 1, 2 and 3.

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(ii) Horizontal application. If above or next to the other, shall be ap- retroreflective sheeting is applied in a plied as close to each end of the car as horizontal pattern, at least one 4x36 practicable. Between these end strips, a inch strip, or two 4x18 inch strips, one minimum of one 4x18 inch strip shall be

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applied at least every 12 feet, as practicable. See Figures 4, 5, and 6.

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(2) Tank cars. On tank cars, of the tank, or as near as practicable. retroreflective sheeting shall be ap- If it is not practicable to safely apply plied vertically to each car side and the sheeting centered vertically about centered on the horizontal centerline the horizontal centerline of the tank,

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the sheeting may be applied vertically 4x18 inch strip shall be applied at least with its top edge no lower than the every 12 feet, as practicable. horizontal centerline of the tank. A Retroreflective sheeting applied under minimum of either one 4x36 inch strip this part shall not be located in the or two 4x18 inch strips, one above the spillage area directly beneath the other, shall be applied as close to each manway used to load and unload the end of the car as practicable. Between tank. See Figures 7 and 8. these two end strips, a minimum of one

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(3) Flat cars. On flat cars, edge of the sheeting no lower than the retroreflective sheeting shall be ap- bottom of the side sill and the top edge plied in a horizontal pattern along the of the sheeting no higher than the top length of the side sill with the bottom of the car deck or floor. At least two

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4x18 inch strips, one above the other, every 12 feet, as practicable. See Figure shall be applied as close to each end of 9. If a car has a separate rack struc- the car as practicable. If the side sill is ture, retroreflective sheeting may be less than 8 inches wide, one 4x36 inch applied to the flat car portion only in strip, or two 4x18 inch strips may be accordance with the requirements of applied one next to the other, dividing this section. For cars without contin- the strips into nine inch segments as uous side sills, retroreflective sheeting necessary in accordance with para- may be applied to other surfaces in- graph (a) of this section. Between the board of the sides, such as the center two end strips, a minimum of one 4x18 sill, provided that the sheeting is not inch strip shall be applied at least obscured by other components.

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(4) Cars of special construction. This vided in this section. Retroreflective paragraph applies to any car the design sheeting shall conform as closely as of which is not compatible with the practicable to the requirements of patterns of application otherwise pro- paragraphs (a)(1) through (a)(3) of this

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section and shall have the minimum completed Reflectorization Implemen- amount of sheeting described in tation Compliance Report certifying § 224.105 distributed along the length of that the cars in the owner’s fleet sub- each car side. ject to this part will be equipped with (b) Locomotives. Locomotives subject retroreflective sheeting as required by to this part shall be equipped with at this part in accordance with the sched- least the minimum amounts of ule specified in Table 3 of this section. retroreflective sheeting required by See Appendix B of this part for § 224.105 either in strips four inches Reflectorization Implementation Com- wide and 18 or 36 inches long and pliance Report form. spaced as uniformly as practicable along the length of the locomotive TABLE 3 TO SUBPART B OF PART 224— sides, or in one continuous strip, at ALTERNATIVE SCHEDULE FOR APPLI- least four inches wide, along the length CATION OF RETROREFLECTIVE MATE- of the locomotive. Retroreflective RIAL TO FREIGHT CARS PER sheeting applied to locomotive sides § 224.107(a)(2)(ii) shall be applied as close as practicable 1 (B) to 42 inches from the top of the rail. (A) (percent) § 224.107 Implementation schedule. November 28, 2007 ...... 20 November 28, 2008 ...... 30 (a) Railroad freight cars. All railroad November 28, 2009 ...... 40 freight cars subject to this part must November 28, 2010 ...... 50 be equipped with retroreflective sheet- November 28, 2011 ...... 60 November 28, 2012 ...... 70 ing conforming to this part by Novem- November 28, 2013 ...... 80 ber 28, 2015. If a car already has reflec- November 28, 2014 ...... 90 tive material applied that does not November 28, 2015 ...... 100 meet the standards of this part, it is 1 Column (A) indicates the date by which the minimum per- not necessary to remove the material centage of an owner’s freight cars specified in column (B) must be equipped with retroreflective sheeting conforming to unless its placement interferes with this part. the placement of the sheeting required Thereafter, by this part. (A) The designated fleet shall be equipped (1) New cars. Retroreflective sheeting with retroreflective sheeting according to conforming to this part must be ap- the schedule specified in Table 3 of this sec- plied to all cars constructed after Jan- tion; uary 26, 2006, before the cars are placed (B) No later than January 28, 2008, the in service. freight rolling stock owner shall submit to (2) Existing cars without retroreflective FRA an updated Reflectorization Implemen- sheeting. (i) If, as of October 28, 2005, a tation Compliance Report showing which cars of the fleet subject to this part were car subject to this part is not equipped equipped with retroreflective sheeting as re- on each side with at least one square quired by this part during the initial 24- foot of retroreflective sheeting as spec- month implementation period. Thereafter, ified in paragraph (a)(3) of this section, updated Reflectorization Implementation retroreflective sheeting conforming to Compliance Reports shall be submitted an- this part must be applied to the car at nually, no later than December 31 of each the earliest of the following two occa- year for the duration of the 10-year imple- sions occurring after November 28, 2005 mentation period. See Appendix B of this part. or in accordance with paragraph (C) If, following the conclusion of the ini- (a)(2)(ii) of this section: tial 24-month period or any 12-month period (A) When the car is repainted or re- thereafter, the percentage requirements of built; or this section have not been met— (B) Within nine months (270 calendar (1) The freight rolling stock owner shall be days) after the car first undergoes a considered in violation of this part; single car air brake test as prescribed (2) The freight rolling stock owner shall, by 49 CFR 232.305. within 60 days after the close of the period, report the failure to the Associate Adminis- (ii) A freight rolling stock owner may trator; elect not to follow the schedule in (3) The requirements of paragraph (a)(2)(i) paragraph (a)(2)(i) of this section if, not shall apply to all railroad freight cars sub- later than January 26, 2006 the freight ject to this part in the freight rolling stock rolling stock owner submits to FRA a owner’s fleet; and

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(4) The fleet owner shall take such addi- TABLE 4 TO SUBPART B OF PART 224— tional action as may be necessary to achieve ALTERNATIVE SCHEDULE FOR APPLI- future compliance. CATION OF RETROREFLECTIVE MATE- (D) Cars to be retired shall be included in RIAL TO LOCOMOTIVES PER the fleet total until they are retired. § 224.107(b)(2)(ii) (3) Existing cars with retroreflective sheeting. (B) If as of October 28, 2005, a car is equipped on (A) 1 each side with at least one square foot of (percent) retroreflective sheeting, uniformly distrib- November 28, 2007 ...... 40 uted over the length of each side, that car November 28, 2008 ...... 60 shall be considered in compliance with this November 28, 2009 ...... 80 part through November 28, 2015, provided the November 28, 2010 ...... 100 sheeting is not unqualified retroreflective 1Column (A) indicates the date by which the minimum per- sheeting, and provided the freight rolling centage of an owner’s locomotives specified in column (B) must be equipped with retroreflective sheeting conforming to stock owner files a completed this part. Reflectorization Implementation Compli- Thereafter, ance Report with FRA no later than January (A) The designated locomotive fleet shall 26, 2006 identifying the cars already so be equipped with retroreflective sheeting ac- equipped. Appendix B of this part for See cording to the requirements of this para- Reflectorization Implementation Compli- graph (b)(2)(ii); ance form. (B) No later than January 28, 2008, the (b) Locomotives. Except as provided in para- freight rolling stock owner shall submit to graph (b)(4) of this section, all locomotives FRA an updated Reflectorization Implemen- subject to this part must be equipped with tation Compliance Report showing which lo- conforming retroreflective sheeting by No- comotives of the fleet subject to this part vember 28, 2010. If a locomotive already has were equipped with retroreflective sheeting reflective material applied that does not as required by this part during the initial 24 meet the standards of this part, it is not nec- month implementation period. Updated essary to remove the material unless its Reflectorization Implementation Compli- placement interferes with the placement of ance Reports shall be submitted annually, no the sheeting required by this part. later than December 31 of each year, for the (1) New locomotives. Retroreflective sheet- duration of the 5-year implementation pe- ing conforming to this part must be applied riod. See Appendix B of this part. to all locomotives constructed after January (C) If, following the conclusion of the initial 24-month period or any 12-month period 26, 2006, before they are placed in service. thereafter, the percentage requirements of (2) Existing locomotives without retroreflective this section have not been met— sheeting. (1) The freight rolling stock owner shall be (i) If as of October 28, 2005 a locomotive considered in violation of this part; subject to this part is not equipped with the (2) The freight rolling stock owner shall, minimum amount of retroreflective sheeting within 60 days after the close of the period, specified in paragraph (b)(3) of this section, report the failure to the Associate Adminis- retroreflective sheeting conforming to this trator; part must be applied to the locomotive not (3) The requirements of paragraph (b)(2)(i) later than nine months after the first bien- shall apply to all locomotives subject to this nial inspection performed pursuant to 49 part in the freight rolling stock owner’s CFR 229.29 occurring after November 28, 2005. fleet; and (ii) A freight rolling stock owner may elect (4) The fleet owner shall take such addi- not to follow the schedule in paragraph tional action as may be necessary to achieve (b)(2)(i) of this section, if not later than Jan- future compliance. (D) Locomotives to be retired shall be in- uary 26, 2006, the freight rolling stock owner cluded in the fleet total until they are re- submits to FRA a Reflectorization Imple- tired. mentation Compliance Report certifying (3) Existing locomotives with retroreflective that the locomotives in the owner’s fleet sheeting. If as of October 28, 2005, a loco- subject to this part will be equipped with motive is equipped on each side with at least retroreflective sheeting as required by this one square foot of retroreflective sheeting, part in accordance with the schedule speci- that locomotive shall be considered in com- fied in Table 4 of this section. See Appendix pliance with this part for through November B of this part. 28, 2015, provided the existing material is not unqualified retroreflective sheeting, and provided the freight rolling stock owner files a Reflectorization Implementation Compli- ance Report with FRA no later than January 26, 2006, identifying the cars already so

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equipped. See appendix B of this part. If, as of shall have nine months (270 calendar October 28, 2005, a locomotive is equipped days) from the date of notification to with unqualified retroreflective sheeting, the repair or replace the damaged, ob- locomotive will be considered in compliance with this part through November 28, 2015, scured, or missing sheeting. Where the provided the locomotive is equipped with a inspecting railroad or contractor is the minimum of 3 square feet of retroreflective person responsible for the reporting material on each side and provided the mark, the person shall have nine freight rolling stock owner files a months (270 calendar days) from the Reflectorization Implementation Compli- ance Report with FRA no later than January date of the inspection to repair or re- 26, 2006, identifying the locomotives already place the damaged, obscured, or miss- so equipped. See appendix B of this part. ing sheeting. (4) Each railroad that has fewer than (b) Locomotives. Retroreflective sheet- 400,000 annual employee work hours as of the ing must be visually inspected for pres- end of calendar year 2004, and does not share locomotive power with another railroad with ence and condition when the loco- 400,000 or more annual employee work hours, motive receives the annual inspection may bring its locomotive fleet into compli- required under 49 CFR 229.27. If at the ance according to the following schedule: time of inspection less than 80 percent fifty percent of the railroad’s locomotives of the amount of sheeting required must be retrofitted pursuant to § 224.106(b) by October 28, 2010, and one hundred percent under § 224.105 (§ 224.107 in the case of must be retrofitted pursuant to § 224.106(b) by locomotives subject to § 224.107(b)(3)) on October 28, 2015. If a railroad with fewer than either side of a locomotive is present, 400,000 annual employee work hours shares not damaged, and not obscured, the locomotive power with a railroad with 400,000 damaged, obscured, or missing sheeting or more annual employee work hours, the smaller railroad must comply with the re- must be repaired or replaced within quirements of paragraphs (b)(2) and (3) of nine months (270 calendar days) from this section. the date of inspection, provided a record of the defect is maintained in § 224.109 Inspection, repair, and re- the locomotive cab or in a secure and placement. accessible electronic database to which (a) Railroad freight cars. FRA is provided access on request. Retroreflective sheeting on railroad freight cars subject to this part must § 224.111 Renewal. be visually inspected for presence and Regardless of condition, condition whenever a car undergoes a single car air brake test required under retroreflective sheeting required under 49 CFR 232.305. If at the time of inspec- this part must be replaced with new tion less than 80 percent of the amount sheeting no later than ten years after of sheeting required under § 224.105 the date of initial installation. At the (§ 224.107 in the case of freight cars sub- time of replacement, it is not nec- ject to § 224.107(a)(3)) on either side of a essary to remove the old sheeting un- car is present, not damaged, and not less it interferes with the placement of obscured, the inspecting railroad or the new sheeting, but the old sheeting contractor shall promptly notify the shall not be considered in calculating person responsible for the reporting the amount of retroreflective material mark, as indicated in the Universal required under this part. For purposes Machine Language Equipment Reg- of this section, November 28, 2005, shall ister, of the damaged, obscured, or be considered the initial date of instal- missing sheeting (unless the inspecting lation for freight cars and locomotives railroad or contractor is the person re- covered by § 224.107(a)(3) or 224.107(b)(3). sponsible for the reporting mark). The inspecting railroad or contractor shall retain a written or electronic copy of each such notification made for at APPENDIX A TO PART 224 [RESERVED] least two years from the date of the notice and shall make these records APPENDIX B TO PART 224— available for inspection and copying by REFLECTORIZATION IMPLEMENTATION the FRA upon request. Any person no- COMPLIANCE REPORT tified of a defect under this section

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APPENDIX C TO PART 224—GUIDELINES FOR ELECTRONIC SUBMISSION OF REFLECTORIZATION IMPLEMENTATION COMPLIANCE REPORTS

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