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Clarifying Amendements: Headlights and Auxiliary Lights: Final Rule

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Clarifying Amendements: Headlights and Auxiliary Lights: Final Rule Tuesday, March 16, 2004 Part V Department of Transportation Federal Railroad Administration 49 CFR Part 229 Railroad Locomotive Safety Standards: Clarifying Amendments; Headlights and Auxiliary Lights; Final Rule VerDate jul<14>2003 17:13 Mar 15, 2004 Jkt 203001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\16MRR3.SGM 16MRR3 12532 Federal Register / Vol. 69, No. 51 / Tuesday, March 16, 2004 / Rules and Regulations DEPARTMENT OF TRANSPORTATION online instructions for submitting having a minimum luminous intensity comments. of 200,000 candela. In the early to mid- Federal Railroad Administration Instructions: All submissions must 1990s, with the advent of locomotive include the agency name and docket auxiliary lights, the railroad industry 49 CFR Part 229 number or Regulatory Identification began using the 350-watt lamp in both [Docket No. FRA–2003–14217; Notice No. Number (RIN) for this rulemaking. Note headlight and auxiliary light fixtures. 2] that all petitions for reconsideration will Controlled testing of auxiliary lights be posted without change to http:// performed for FRA by the Volpe RIN 2130–AB58 dms.dot.gov including any personal National Transportation Systems Center information. Please see the ‘‘General (Volpe) in 1995 used regular production Railroad Locomotive Safety Standards: Information’’ heading in the 350-watt lamps. A single 350-watt lamp Clarifying Amendments; Headlights SUPPLEMENTARY INFORMATION section of tested by the U.S. Coast Guard for the and Auxiliary Lights this document for Privacy Act Volpe test, as well as data supplied by AGENCY: Federal Railroad information related to any submitted the lamp vendor, showed a center beam Administration (FRA), DOT. petition, comment, or material. luminous intensity well in excess of ACTION: Final rule. Docket: For access to the docket to 250,000 candela, but it has since been read background documents, comments, determined that these data were not SUMMARY: On August 19, 2003, FRA or petitions for reconsideration representative of typical lamp published an interim final rule making received, go to http://dms.dot.gov at any production. At present, most new a technical clarification to the time or to PL–401 on the plaza level of locomotives are equipped with the 350- locomotive headlight and auxiliary light the Nassif Building, 400 Seventh Street watt lamps in both the headlight and provisions contained in § 229.125(a) and SW., Washington, DC between 9 a.m. auxiliary light fixture. Due to normal (d) of title 49 of the Code of Federal and 5 p.m. Monday through Friday, variations in production processes, the Regulations (CFR). The purpose of the except Federal holidays. vast majority of 350-watt lamps modification was to codify FRA’s FOR FURTHER INFORMATION CONTACT: produced since 1994 do not produce longstanding acceptance of lamps used Charles L. Bielitz, Mechanical Engineer, 200,000 candela. The current in locomotive headlights and auxiliary FRA Office of Safety, RRS–14, 1120 production (2001 through mid-2003) of lights. FRA believes that the Vermont Avenue NW., Stop 25, 350-watt lamps is centered at clarification is consistent with both Washington, DC 20590 (telephone: 202– approximately 160,000 candela. FRA’s intent when issuing the 493–6314), or Thomas J. Herrmann, Although most 350-watt lamps do not requirements related to locomotive Trial Attorney, Office of Chief Counsel, meet the 200,000 candela requirements related to headlights and auxiliary lights headlights and auxiliary lights and FRA, 1120 Vermont Avenue, NW., Stop contained in 49 CFR 229.125(a) and (d) FRA’s enforcement policies related to 10, Washington, DC 20590 (telephone: before their revision through the Interim those provisions. FRA also believes that 202–493–6036). Final Rule, FRA has accepted and will the clarification furthers FRA’s goal of SUPPLEMENTARY INFORMATION: facilitating the use of advanced continue to accept the use of 350-watt technologies and enhances FRA’s safety Background lamps in both headlight and auxiliary enforcement program by recognizing light fixtures for the reasons discussed On August 19, 2003, FRA published below. In this preamble, reference to a specific types of lamps it considers an interim final rule making a technical acceptable for use in headlights and section or numbered part is to a section clarification to the locomotive headlight or numbered part in title 49 of the CFR. auxiliary lights. This final rule retains and auxiliary light provisions contained the technical clarifications made in the In order to clarify FRA’s continued in 49 CFR 229.125(a) and (d). See 68 FR acceptance of the use of these lamps and interim final rule with minor changes 49713 (‘‘Interim Final Rule’’). In this for consistency and clarity. to incorporate existing enforcement Interim Final Rule, FRA stated its belief guidance, FRA issued the Interim Final DATES: This final rule is effective March that, based on new technologies and Rule amending the regulatory 16, 2004. designs related to the lamps utilized in provisions contained in part 229 to ADDRESSES: Petitions: Any petitions for road locomotive headlights and specifically address the use of these reconsideration related to Docket No. auxiliary lights over the last decade, the types of lamps in both headlight and FRA–2003–14217, may be submitted by Federal regulations governing these auxiliary light locations. This final rule any of the following methods: components needed to be modified both retains the amendments made in that • Web Site: http://dms.dot.gov. to remain consistent with FRA’s intent Interim Final Rule with minor changes Follow the instructions for submitting when it originally issued those for consistency and clarity. comments on the DOT electronic docket provisions and to incorporate FRA’s site. enforcement policies developed over the Discussion of Comments • Fax: 1–202–493–2251. intervening years. Currently, there are In response to the Interim Final Rule, • Mail: Docket Management Facility; two primary types of lamps utilized in FRA received comments from three U.S. Department of Transportation, 400 locomotive headlight and auxiliary light organizations: the Brotherhood Railway Seventh Street, SW., Nassif Building, fixtures: a Parabolic Allumination Carmen Division of the Transportation Room PL–401, Washington, DC 20590– Reflection (PAR)–56, 200-watt, 30-volt Communications International Union 001. lamp (200-watt lamp) and a PAR–56, (BRC), the Association of American • Hand Delivery: Room PL–401 on 350-watt, 75-volt lamp (350-watt lamp). Railroads (AAR), and the Long Island the plaza level of the Nassif Building, Prior to the mid-1990s, the primary Rail Road (LIRR). The concerns raised 400 Seventh Street, SW., Washington, lamp used in road locomotive by the AAR and the LIRR were similar DC between 9 a.m. and 5 p.m. Monday headlights throughout the industry was in that they both sought additional relief through Friday, except Federal the 200-watt lamp, which produces a from the requirements related to the Holidays. mean luminous intensity that is well in handling of a locomotive that • Federal eRulemaking Portal: Go to excess of 200,000 candela at the center experiences the failure of one lamp in http://www.regulations.gov. Follow the of its beam, with all production samples a dual 350-watt lamp headlight. The VerDate jul<14>2003 17:13 Mar 15, 2004 Jkt 203001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\16MRR3.SGM 16MRR3 Federal Register / Vol. 69, No. 51 / Tuesday, March 16, 2004 / Rules and Regulations 12533 concerns raised by the BRC related to that utilizes two PAR–56, 350-watt, 75- would constitute a substantive change the process by which FRA issued the volt (350-watt) lamps to achieve the to the existing regulation. With the clarifying amendments contained in the 200,000 candela headlight requirement concerns of the BRC in mind, FRA Interim Final Rule and retained in this when one of the two lamps becomes believes that to make such a substantive final rule. The BRC expressed concern inoperative. The AAR seeks to have the change in a rulemaking proceeding, over FRA’s publication of the clarifying provisions related to movement of intended to be a technical clarification amendments in an immediately locomotives with defective auxiliary of the existing regulation, would clearly effective interim final rule. Although the lights contained at § 229.125(g) applied violate the Administrative Procedure BRC does not object to either the to locomotives that experience the Act. Thus, although there may be some substance or the issuance of the Interim failure of one or more of the 350-watt merit to the requests made by the AAR Final Rule in this instance, the lamps utilized in a locomotive’s and the LIRR, FRA does not believe this organization did want to ensure that headlight. Similarly, the LIRR seeks to rulemaking is the proper forum in FRA was not utilizing immediately have the regulation amended to permit which to address the issues. While their effective interim final rules to make a locomotive with one inoperative 350- comments may have merit when substantive changes to existing watt lamp in the headlight, found considering locomotives with auxiliary regulations. It appears that the BRC’s during or after the performance a lights aimed parallel to the centerline of primary concern is that FRA not abuse calendar-day inspection, to continue in the locomotive and burning steadily, the procedure utilized in this revenue service until the next calendar- Part 229 permits auxiliary lights to be proceeding. day inspection. Both these commenters aimed up to 15 degrees of the centerline As the modifications contained in the base their requests on the fact that one and permits auxiliary lights to flash. See Interim Final Rule and retained in this operative 350-watt lamp is still available 49 CFR 229.125(d)(3) and (e)(1).
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