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

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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

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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). Further, final rule were intended merely to in the headlight and that the auxiliary auxiliary lights may be extinguished or clarify FRA’s intent when issuing the lights mounted on the locomotive will dimmed when trains are passing and final rule related to auxiliary lights and provide additional illumination in front under certain other conditions. See 49 incorporate existing FRA enforcement of the locomotive and would not CFR 229.125(f). FRA believes that policies related to locomotive headlights compromise safety. changes in these provisions would be and auxiliary lights, FRA initially The Interim Final Rule made clear beyond the scope of this rulemaking issued the technical clarifications as an that FRA will consider a locomotive proceeding. The relief sought by AAR Interim Final Rule with a request for with a dual-lamp headlight fixture that and LIRR also raises a number of comments. The Interim Final Rule made is equipped with two PAR–56, 350-watt, technical and operational issues that clear that the clarifications were 75-volt lamps to meet the 200,000- would need to be fully explored and intended to reinforce FRA’s continued candela requirement contained in evaluated before any action could be acceptance of locomotive lamps which § 229.125(a), provided both lamps are considered by FRA. Consequently, FRA have been used throughout the industry operative. The preamble to the Interim is denying the requests made by AAR for nearly a decade. See 68 FR 49713– Final Rule further stated that if either and LIRR in their comments to this 16. Because FRA viewed the lamp in such a configuration became proceeding. AAR and LIRR can of amendments as technical clarifications inoperative, the locomotive was to be course file a petition under 49 C.F.R. of the existing regulations, FRA believes handled in accordance with the part 211 seeking an FRA rulemaking to that good cause existed for finding that movement-for-repair provisions address the additional latitude they prior public notice of the action was contained in § 229.9. See 68 FR 49714. favor. both impracticable and unnecessary. Under the provisions of § 229.9, such a In addition to the specific relief See 5 U.S.C. 553(b)(3)(B). locomotive may continue to use its sought by AAR and LIRR, both parties’ With this said, FRA wishes to make propelling motors only if it is properly comments contain information and clear that the issuance of an tagged and only until the earlier of suggestions for FRA. LIRR’s comments immediately effective interim final rule either the next calendar day inspection note that qualification testing of a 350- is a very rare procedural action used by or the arrival of the locomotive at the watt lamp conducted in late-2001 the agency. FRA believes that due to the nearest forward point where the repairs indicated that the lamp could historical development and enforcement necessary to bring it into compliance successfully illuminate a person at 800 of the provisions involved that it was can be made. See 49 CFR 229.9(b). feet. The results of this testing were not necessary to issue an immediately The purpose of the technical included with the comments, and FRA effective interim final rule to ensure amendments made to the locomotive is not aware of these tests. A similar test continued, consistent, and unambiguous headlight requirements in the Interim that was reviewed by FRA produced enforcement of the headlight and Final Rule was to clarify the alternative inconclusive results, at best. Moreover, auxiliary light provisions contained in methods by which the existing 200,000 the old performance standard from the regulations. FRA fully agrees with candela requirement could be achieved which the existing 200,000-candela the BRC that substantive rule changes based on the design of locomotive requirement is derived required the should not be made through such a headlight fixtures and the type of lamps headlight to illuminate a dark object the regulatory vehicle and that such an used in those fixtures. Because the size of a man at least 800 feet in front action would violate the Administrative purpose of the clarifying amendments of the light. See 44 FR 29618 and 45 FR Procedure Act. FRA welcomes the was to merely incorporate longstanding 21109. At this time FRA is not aware of BRC’s continued vigilance of its enforcement policies related to any testing which definitively regulatory activities and appreciates the locomotive headlights into the establishes that the typical 350-watt organization’s participation and input in regulation, FRA proceeded directly to lamp is capable of meeting that old all areas of its enforcement program to an interim final rule with a request for performance standard or the existing ensure the safety of the nation’s comments. In FRA’s opinion, the 200,000-candela requirement. railroads. additional latitude sought by the AAR AAR’s comments also urge FRA to The comments of both the AAR and and LIRR regarding the handling of a convene a group of technical experts to the LIRR seek additional latitude with locomotive with a headlight fixture not develop a permanent illumination regard to the handling of a locomotive capable of producing 200,000 candela standard for headlights and auxiliary

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lights that is based on sound scientific minimum standard could be met by the specified in the existing regulation, FRA analysis. AAR notes that there was little headlights used in the existing believed it was necessary to clarify its scientific analysis conducted when the locomotive fleet and that the use of the existing enforcement guidance and 200,000-candela requirement was more modern standard should not be specifically modify the regulation to adopted in 1980 and stresses that the viewed as a change in FRA’s reflect its position regarding the use of intensity requirement was established enforcement approach. Id. At the time 350-watt lamps in locomotive headlight prior to the requirements related to the final rule was issued, virtually all fixtures. auxiliary lights which add to the locomotive headlights were equipped In the Interim Final Rule, consistent illumination provided by a locomotive’s with the 200-watt lamps which are with FRA’s existing enforcement headlight. AAR states that it is eager to capable of producing in excess of guidance related to the headlight participate in such a review. FRA agrees 200,000 candela. Thus, FRA was merely provisions contained in § 229.125(a), that such an endeavor may be useful. attempting to describe, in scientific FRA asserted that it would continue to FRA welcomes any additional details, terms, the type of lamps being used by interpret the term ‘‘headlight,’’ as used information, suggestions, and views the industry in locomotive headlight in this provision, to mean the entire related to such a review from AAR and fixtures at that time. headlight fixture whether it is any other interested party. FRA also Subsequent to the issuance of the comprised of either one or more lamps. notes that AAR enjoys custody and final rule, FRA developed informal Thus, the requirement contained in this control of the Transportation enforcement guidance for its field provision to produce 200,000 candela is Technology Center, where controlled inspectors related to when a to be determined by the luminous tests could be readily accomplished. locomotive’s headlight should be intensity of the entire headlight fixture. considered inoperative. The guidance Although a single 350-watt lamp, as Section Analysis was eventually included in FRA’s described above, generally does not A. Headlights: § 229.125(a). Motive Power and Equipment (MP&E) produce 200,000 candela, data clearly Enforcement Manual distributed in July establish that the beams of two 350-watt The regulatory provisions related to of 1992. See MP&E Enforcement Manual lamps in a dual-lamp headlight easily locomotive headlights are contained at at 8–79. This guidance instructed FRA produce well in excess of 200,000 § 229.125(a) through (c). These inspectors to consider a locomotive’s candela once the two beams overlap requirements were included in the headlight to be operative when the sufficiently, which occurs within a few regulations when part 229 was added to locomotive is equipped with a sealed feet in front of the fixture. the Code of Federal Regulations in 1980. two-beam (two-lamp) headlight fixture In view of the above, the Interim Final See 45 FR 21109 (March 31, 1980). Part and only one of the lamps is Rule made clear that FRA will consider 229 was added in order to modernize illuminated. The rationale for this a locomotive with a dual-lamp headlight the federal regulations previously guidance was based on the fact that fixture that is equipped with two PAR– contained in part 230 related to all types virtually all locomotives were equipped 56, 350-watt, 75-volt lamps to meet the of locomotives by separating and with a dual-lamp headlight fixture and 200,000-candela requirement contained amending the requirements related to prior to the early 1990s the lamps used in § 229.125(a), provided both lamps are diesel and electric locomotives from in these fixtures were the 200-watt operative. If either lamp in such a those related to steam locomotives. The lamps, each independently capable of configuration becomes inoperative, the provisions contained in § 229.125(a)–(c) producing at least 200,000 candela. locomotive is to be handled in were intended to be a modified and Because the regulation only requires the accordance with the movement-for- condensed version of the requirements headlight to produce 200,000 candela, repair provisions contained in § 229.9. previously contained in § 230.231 prior FRA determined that it would not Similarly, the Interim Final Rule made to 1980. See 44 FR 29618 (May 21, consider a dual-lamp headlight clear that FRA will continue to consider 1979). inoperative if it is equipped with at least a headlight fixture equipped with a In the 1979 Notice of Proposed one operative lamp capable of single operative PAR–56, 200-watt, 30- Rulemaking (NPRM) and the 1980 final producing 200,000 candela. Id. volt lamp to meet the intensity rule, FRA explained that the approach As noted above, in the early to mid- requirement of § 229.125(a) because contained in § 230.231 for determining 1990s, the industry began widespread such a lamp is capable of individually intensity was imprecise and use of the 350-watt lamps in both producing 200,000 candela. This final unscientific. Section 230.231 used a headlight and auxiliary light fixtures. rule retains the amendments made in vague performance standard to describe The vast majority of 350-watt lamps the Interim Final Rule to the regulatory the intensity, which read as follows: produced since 1994 do not produce language contained in § 229.125(a) to a headlight which shall afford sufficient 200,000 candela. The current specifically include the interpretations illumination to enable a person in the cab of production of the 350-watt lamps is and clarifications discussed above. It such locomotive who possesses the usual centered at approximately 160,000 should be noted that FRA expects visual capacity required of locomotive candela. Furthermore, data provided to railroads to have some method or enginemen, to see in a clear atmosphere, a FRA do not definitively establish that an procedure in place which notifies the dark object as large as a man of average size individual 350-watt lamp meets the operating crew and mechanical standing erect at a distance of at least 800 feet underlying performance standard, employees of the type of lamps being ahead and in front of such headlight. * * * discussed above, on which the 200,000- utilized in the locomotive headlight See § 230.231 in pre-1980 CFR. In candela requirement was based. fixture in order that the locomotive can order to make this vague performance Moreover, FRA is not comfortable be properly handled for repairs, if standard more precise and scientific, applying an old and somewhat necessary. FRA specified that a locomotive subjective performance standard in headlight must produce a luminous place of the more precise and scientific B. Auxiliary Lights: § 229.125(d)(2) intensity of at least 200,000 candela. See standard that was adopted several The regulatory provisions related to 44 FR 29618 and 45 FR 21109. In the decades ago. Therefore, because most locomotive auxiliary lights are found at preamble to the final rule, FRA stated 350-watt lamps do not individually § 229.125(d) through (h) and § 229.133. that the more scientific 200,000-candela produce the luminous intensity These requirements were added to the

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regulations between 1993 and 1996 and light of data subsequently provided by mind, FRA believes that, due to the were established through a rulemaking General Electric Company (GE), FRA design of 350-watt lamps, they provide that began with a 1993 interim final believes that use of either a 350-watt equal, if not greater, visibility to rule, containing interim provisions lamp or a 200-watt lamp in locomotive motorists approaching grade crossings. related to auxiliary lights, and then auxiliary lights meets FRA’s intent Although FRA used peak candela to proceeded to a 1995 NPRM proposing when issuing the regulations pertaining describe the type of lamps to be used in many of the auxiliary light provisions to such fixtures. A review of the Volpe auxiliary light fixtures, FRA believes that were ultimately issued in the 1996 Report establishes that the lamps tested that a more appropriate measure is the final rule. See 58 FR 6899 (February 3, in the headlight, ditch light, and intensity of the light at an angle from 1993), 60 FR 44457 (August 28, 1995), crossing light systems were all PAR–56, the head of the locomotive. The Volpe and 61 FR 8881 (March 6, 1996). At this 350-watt, 75-volt lamps. See Volpe Report indicates that the point of first time, the provisions relating to auxiliary Report at Appendix D–4. detection of a train’s auxiliary lights for lights contained in § 229.133 are for the Although the report notes that two a motorist approaching a grade crossing most part superseded by similar 350-watt lamps sampled for luminous (205 feet from centerline of the tracks) provisions contained at § 229.125, intensity produced peak intensity occurred at approximately 1,550 feet, a except to the extent that certain types of reading in excess of 200,000 candela, point that is 7.5 degrees from the auxiliary lights were ‘‘super- there is no indication in the report that centerline of the locomotive. See Volpe grandfathered’’ as meeting the those specific lamps were ever used in Report at Section 5. The Volpe Report requirements of § 229.125. See 61 FR any of the subsequent testing. One of also indicates that the point at which 8885–86 and § 229.133(c). Although these measurements was on an the separation of the lamps in the these documents require that each isocandela plot supplied to Volpe by headlight and auxiliary lights became prescribed auxiliary light produce Quest Corporation, the lamp vendor, detectable to an approaching motorist 200,000 candela, none of them directly based on data supplied by GE, the lamp was at a distance of approximately 570 discusses FRA’s rationale for including manufacturer, and the second was from feet, a point that is 20 degrees from the the specified luminous intensity. It can a test conducted by the U.S. Coast centerline of the locomotive. Id. Based be assumed that the 200,000-candela Guard for Volpe. See Volpe Report at on this information, it is evident that the requirement was based on the headlight Table 4–5 and Appendix C. Based on key intensity figure for an auxiliary light provision discussed above. Moreover, at information recently provided by GE, is the intensity of the light at angles of the time the auxiliary light provisions FRA believes that the intensity readings between 7.5 degrees and 20 degrees were added to the regulations, both the on these two lamps were an anomaly in from the centerline of the locomotive. 200-watt and 350-watt lamps were terms of peak intensity for 350-watt Although a 350-watt lamp does not believed to be capable of producing lamps. The data supplied by GE show generally produce a maximum beam 200,000 candela. Consequently, when that only one of 93 samples of the 350- candle power (MBCP) in excess of FRA incorporated the 200,000-candela watt lamp tested from 1994 to the 200,000 candela, these lamps do requirement into the auxiliary light present produced a maximum beam produce a greater luminous intensity provisions, it is clear that FRA was candle power above 250,000 candela. over a broader angle off the beam merely attempting to describe the This fact leads FRA to suspect that the centerline than the traditional 200-watt locomotive lamps being used by the lamp for which data was supplied by lamp capable of producing a MBCP in industry at that time. Quest Corporation and the lamp that excess of 200,000 candela. In fact, the As part of the auxiliary light was tested by the Coast Guard in available data clearly establish that the rulemaking, FRA’s Office of Research relation to the Volpe Report may have currently produced 350-watt lamp has a and Development, through Volpe, been the same lamp, which was not higher light intensity at any angle studied the impact of auxiliary lights as representative of the lamps actually greater than 3.5 degrees off the alerting devices to improve locomotive used in the Volpe tests. In fact, the centerline when compared to the more conspicuity. The final report on this lamps used in the Volpe field tests traditional 200-watt lamp used on older study was issued in July of 1995 under (which validated the benefits of using locomotives. Thus, the 350-watt lamps Report Number DOT/FRA/ORD–95–13 auxiliary lights) were 350-watt lamps. A are particularly well suited for use in (Volpe Report). The report is part of large proportion of the lamps used in auxiliary light locations, which are FRA Docket No. RSGC–2 and is the tests in all probability did not meet primarily intended to be seen by available online at: http:// the luminous intensity requirement motorists well away from an www.fra.dot.gov/rdv30/reports/ because they were from normal approaching grade crossing. index.htm. As part of this study, FRA production runs which included a high Consequently, FRA believes that evaluated various lighting systems. Four proportion of lamps with a peak available data support a determination alerting light systems were evaluated for luminous intensity below the minimum that the 350-watt lamp currently being compliance with FRA’s interim advisory 200,000 candela. produced and which has been permitted standards, for costs, and for reliability. In addition to the fact that the 350- to be used in most newer locomotive Field tests were also conducted on these watt lamp was used in the Volpe tests, auxiliary light fixtures since the mid- lighting systems to determine their FRA also believes that the 350-watt 1990s, actually enhances the ability of a ability to increase an approaching lamp currently being used in the motorist to detect an oncoming train. train’s visibility. These four alerting industry provides equal, if not greater, In addition to the supporting data, light systems included: standard benefits when used in auxiliary light FRA also notes that it has accepted the locomotive headlights, crossing, ditch, fixtures than a 200-watt lamp capable of use of both 200-watt and 350-watt lamps and strobe lights. FRA utilized the data producing 200,000 candela. The since they began being used in auxiliary developed in this study as the basis for primary purpose of locomotive auxiliary light fixtures beginning in the early to the auxiliary light provisions currently lights is to enhance the visibility of the mid-1990s. It should also be noted that contained in § 229.125(d) through (h). front-end locomotive of a train from the grade crossing accidents, deaths, and See 60 FR 44457; and 61 FR 8881. perspective of a driver of a motor injuries have dropped sharply since the Based on FRA’s review of the Volpe vehicle approaching a grade crossing. introduction of the 350-watt auxiliary Report and its supporting data and in See 61 FR 8881. With this purpose in lights in the mid-1990s. Furthermore,

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FRA is not aware of any complaints by this final rule identifies specific lamps provisions in part 229, which require operating crews or any deficiencies as meeting the specified criteria, the that a locomotive be equipped with at being noted by its field inspectors modification also acknowledges that least one headlight, the provision in related to the luminous intensity lamps of equivalent design and capable § 238.443 requires each Tier II power car produced by the 350-watt lamps since of producing equivalent light intensities to be equipped with at least two they began being used in locomotives. would be considered acceptable by headlights and that each headlight Moreover, FRA is not aware of any FRA. produce no less than 200,000 candela. private litigation where the intensity of Related Provisions Id. Moreover, the present design of the the light produced by a locomotive’s headlights on Tier II power cars utilizes auxiliary lights was brought into Although there are provisions a single lamp in each of the two question. contained in §§ 229.133 and 238.443 required headlight fixtures. Thus, the that reference the use of lamps In order to reflect FRA’s intent when preceding discussion related to FRA’s producing at least 200,000 candela, FRA issuing the regulations related to acceptance of the use of 350-watt lamps does not intend to change any of the auxiliary lights and to incorporate in traditional locomotives covered language contained in those provisions FRA’s existing enforcement posture under the provisions of § 229.125(a), is at this time. Section 229.133 contains with regard to the use of 350-watt not applicable to the headlights on Tier interim locomotive conspicuity lamps, the Interim Final Rule amended II power cars, which are separately measures that were incorporated into addressed in part 238. the regulatory provisions relating to the the regulations in 1993 while the final auxiliary light provisions contained at provisions related to locomotive General Information § 229.125(d)(2) to specifically permit the auxiliary lights were being developed. FRA wishes to inform all potential continued use of 350-watt lamps. FRA See 58 FR 6899; 60 FR 44457; and 61 received no specific substantive commenters that anyone is able to FR 8881. Although locomotives search the electronic form of all objections to the clarifying amendments equipped with one of the specified made in the Interim Final Rule. comments received into any agency interim conspicuity measures were docket by the name of the individual Therefore, this final rule retains the ‘‘grandfathered’’ or exempted from the clarifying amendments made in the submitting the comment (or signing the subsequent auxiliary light provisions comment, if submitted on behalf of an Interim Final Rule with minor changes included in § 229.125, that for consistency and clarity. FRA association, business, labor union, etc.). grandfathering expired on March 6, You may review DOT’s complete continues to believe this modification is 2000. See 61 FR 8885 and § 229.125(d). necessary to ensure that there is no Privacy Act Statement in the Federal When issuing the final rule related to Register published on April 11, 2000 misunderstanding by either the locomotive auxiliary lights in 1996, FRA regulated community or its field (Volume 65, Number 70; Pages 19477– did ‘‘super-grandfather’’ certain 78) or you may visit http://dms.dot.gov. inspectors with regard to FRA’s locomotives if equipped with some of position. The modification makes clear the auxiliary conspicuity measures Regulatory Impact that FRA will accept the use of either a specified in § 229.133, which included: lamp capable of producing at least Executive Order 12866 and DOT oscillating lights; strobe lights; and Regulatory Policies and Procedures 200,000 candela (a PAR–56, 200-watt, auxiliary lights if spaced at least 44 30-volt lamp) or a lamp capable of inches apart. See 61 FR 8885 and This final rule has been evaluated in producing a minimum of 3,000 candela § 229.133(c). Of the three types of accordance with Executive Order 12866 at 7.5 degrees and a minimum of 400 measures ‘‘super-grandfathered,’’ only and DOT policies and procedures. The candela at 20 degrees from the the provision related to oscillating lights modifications retained in this final rule centerline of the locomotive when the specifies the use of a lamp capable of are not considered significant because lamp is aimed parallel to the tracks producing at least 200,000 candela. See they are intended merely to clarify (either a PAR–56, 200-watt, 30-volt § 229.133(c)(1) through (c)(3). As there FRA’s intent when issuing the final rule lamp or a PAR–56, 350-watt, 75-volt are very few locomotives currently related to auxiliary lights and to lamp). The light intensities specified in being operated that are equipped with incorporate existing FRA enforcement the Interim Final Rule and retained in oscillating lights and because FRA has policies related to locomotive headlights this final rule are based on the luminous no data related to the impact of utilizing and auxiliary lights. The economic intensity produced at those angles by a 350-watt lamps in single-lamp impact of the modifications and PAR–56, 200-watt, 30-volt lamp oscillating light fixtures, FRA is not in clarifications contained in this final rule (according to data supplied by GE) a position to accept the use of such will not generally affect the cost of when such a lamp is aimed parallel to lamps in these devices at this time. compliance with the existing the tracks. FRA continues to believe this However, FRA will continue to accept regulations. is the most appropriate measure because the use of 350-watt lamps in those Regulatory Flexibility Act the agency has interpreted the circumstances where an oscillating light regulations as permitting this light is used in conjunction with the The Regulatory Flexibility Act of 1980 intensity since their inception. Thus, auxiliary lights described in § 229.125, (5 U.S.C. 601 et seq.) requires a review acceptance of a lamp that produces an and in circumstances where an of rules to assess their impact on small equivalent or greater intensity at these oscillating light under entities. FRA certifies that this final rule critical angles is consistent with the § 229.133(b)(4)(i)(A) consists of a dual- does not have a significant impact on a intent and purpose of the auxiliary light lamp fixture equipped with two substantial number of small entities. provisions when originally prescribed operative 350-watt lamps. Because the modifications retained in and is consistent with FRA’s goal of The requirements related to Tier II this document either clarify existing promoting and facilitating new passenger equipment also contain a regulatory requirements, codify existing technologies. In furtherance of this goal, requirement that Tier II power cars be enforcement policy, or are consistent FRA also notes that, although the equipped with headlights that produce with FRA’s intent when issuing the modification made to the regulation by at least 200,000 candela. See § 238.443. original regulatory provisions, FRA has the Interim Final Rule and retained in However, contrary to the headlight concluded that there are no substantial

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economic impacts on small units of annually for inflation) in any 1 year, and PART 229—RAILROAD LOCOMOTIVE government, businesses, or other before promulgating any final rule for SAFETY STANDARDS organizations. which a general notice of proposed ■ rulemaking was published, the agency 1. The authority citation for Part 229 Paperwork Reduction Act shall prepare a written statement’’ continues to read as follows: This final rule does not change any of detailing the effect on State, local, and Authority: 49 U.S.C. 20102–03, 20107, the information collection requirements tribal governments and the private 20133, 20137–38, 20143, 20701–03, 21301– contained in the original regulatory sector. Because the modifications 02, 21304; 49 CFR 1.49(c), (m). provisions being amended. retained in this document either clarify ■ 2. Section 229.125 is amended by revising paragraphs (a) and (d)(2) to read Environmental Impact existing regulatory requirements, codify existing enforcement policy, or are as follows: FRA has evaluated this final rule in consistent with FRA’s intent when accordance with its ‘‘Procedures for § 229.125 Headlights and auxiliary lights. issuing the original regulatory Considering Environmental Impacts’’ (a) Each lead locomotive used in road provisions, this document will not (FRA’s Procedures) (64 FR 28545, May service shall have a headlight that result in the expenditure, in the 26, 1999) as required by the National produces a peak intensity of at least aggregate, of $100,000,000 or more in Environmental Policy Act (42 U.S.C. 200,000 candela. If a locomotive or any one year, and thus preparation of 4321 et seq.), other environmental locomotive consist in road service is such a statement is not required. statutes, Executive Orders, and related regularly required to run backward for regulatory requirements. FRA has Energy Impact any portion of its trip other than to pick determined that this document is not a up a detached portion of its train or to major FRA action (requiring the Executive Order 13211 requires make terminal movements, it shall also preparation of an environmental impact Federal agencies to prepare a Statement have on its rear a headlight that statement or environmental assessment) of Energy Effects for any ‘‘significant produces at least 200,000 candela. Each because it is categorically excluded from energy action.’’ 66 FR 28355 (May 22, headlight shall be arranged to illuminate detailed environmental review pursuant 2001). Under the Executive Order, a a person at least 800 feet ahead and in to section 4(c) of FRA’s Procedures. ‘‘significant energy action’’ is defined as front of the headlight. For purposes of any action by an agency (normally this section, a headlight shall be Federalism Implications published in the Federal Register) that comprised of either one or two lamps. FRA believes it is in compliance with promulgates or is expected to lead to the (1) If a locomotive is equipped with Executive Order 13132. Because the promulgation of a final rule or a single-lamp headlight, the single lamp modifications retained in this document regulation, including notices of inquiry, shall produce a peak intensity of at least either clarify existing regulatory advance notices of proposed 200,000 candela. The following lamps requirements, codify existing rulemaking, and notices of proposed meet the standard set forth in this enforcement policy, or are consistent rulemaking: (1)(i) that is a significant paragraph (a)(1): a single operative with FRA’s intent when issuing the regulatory action under Executive Order PAR–56, 200-watt, 30-volt lamp; or an original regulatory provisions, this 12866 or any successor order, and (ii) is operative lamp of equivalent design and document will not have a substantial likely to have a significant adverse effect intensity. effect on the States, on the relationship on the supply, distribution, or use of (2) If a locomotive is equipped with between the national government and energy; or (2) that is designated by the a dual-lamp headlight, a peak intensity the States, or on the distribution of Administrator of the Office of of at least 200,000 candela shall be power and responsibilities among the Information and Regulatory Affairs as a produced by the headlight based either various levels of government. This final significant energy action. FRA has on a single lamp capable of individually rule will not have federalism evaluated this final rule in accordance producing the required peak intensity or implications that impose any direct with Executive Order 13211. Because on the candela produced by the compliance costs on State and local the modifications retained in this headlight with both lamps illuminated. governments. document either clarify existing If both lamps are needed to produce the regulatory requirements, codify existing required peak intensity, then both lamps Unfunded Mandates Reform Act of 1995 enforcement policy, or are consistent in the headlight shall be operational. Pursuant to Section 201 of the with FRA’s intent when issuing the The following lamps meet the standard Unfunded Mandates Reform Act of 1995 original regulatory provisions, FRA has set forth in this paragraph (a)(2): a single (Pub. L. 104–4, 2 U.S.C. 1531), each determined that this document will not operative PAR–56, 200-watt, 30-volt Federal agency ‘‘shall, unless otherwise have a significant adverse effect on the lamp; two operative PAR–56, 350-watt, prohibited by law, assess the effects of supply, distribution, or use of energy. 75-volt lamps; or operative lamp(s) of Federal regulatory actions on State, Consequently, FRA has determined that equivalent design and intensity. local, and tribal governments, and the this regulatory action is not a * * * * * private sector (other than to the extent ‘‘significant energy action’’ within the (d) * * * that such regulations incorporate meaning of Executive Order 13211. (2) Each auxiliary light shall produce requirements specifically set forth in a peak intensity of at least 200,000 law).’’ Section 202 of the Act (2 U.S.C. List of Subjects in 49 CFR Part 229 candela or shall produce at least 3,000 1532) further requires that before candela at an angle of 7.5 degrees and Auxiliary lights, Headlights, promulgating any general notice of at least 400 candela at an angle of 20 Locomotives, Railroad safety. proposed rulemaking that is likely to degrees from the centerline of the result in the promulgation of any rule Adoption of the Amendment locomotive when the light is aimed that includes any Federal mandate that parallel to the tracks. Any of the may result in expenditure by State, ■ In consideration of the foregoing, part following lamps meet the standard set local, and tribal governments, in the 229 of chapter II of title 49 of the Code forth in this paragraph (d)(2): an aggregate, or by the private sector, of of Federal Regulations is amended to operative PAR–56, 200-watt, 30-volt $100,000,000 or more (adjusted read as follows: lamp; an operative PAR–56,350-watt,

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75-volt lamp; or an operative lamp of Issued in Washington, DC, on March 10, equivalent design and intensity. 2004. * * * * * Allan Rutter, Federal Railroad Administrator. [FR Doc. 04–5913 Filed 3–15–04; 8:45 am] BILLING CODE 4910–06–P

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