Pt. 223, App. B 49 CFR Ch. II (10–1–10 Edition)

Materials (ASTM) Specification C33L or (3) Each individual unit of a glazing mate- ASTM C90. rial that has successfully passed the Type II (11) The Test Specimen for glazing mate- testing regimen shall be marked to indicate: rial that is intended for use only in side fac- (i) ‘‘FRA Type II’’ material; ing glazing locations shall be subjected to a (ii) the manufacturer of the material; Type II test regimen consisting of the fol- (iii) the type or brand identification of the lowing tests: material. (i) Ballistic Impact in which a standard 22 caliber long rifle lead bullet of 40 grains in APPENDIX B TO PART 223—SCHEDULE OF weight impacts at a minimum of 960 feet per CIVIL PENALTIES 1 second velocity. (ii) Large Object Impact in which a cinder Section Violation Willful viola- block of 24 lbs minimum weight with dimen- tion sions of 8 inches by 8 inches by 16 inches 223.9 New or rebuilt equip- nominally impacts at the corner of the block ment: at a minimum of 12 feet per second velocity. (a) Locomotives ...... $2,500 $5,000 The cinder block must be of the composition (b) Cabooses ...... 2,500 5,000 referenced in ASTM C33L or ASTM C90. (c) Passenger cars ...... 2,500 5,000 223.11(c) Existing locomotives 2,500 5,000 (12) Three different test specimens must be (d) Repair of window ...... 1,000 2,000 subjected to the ballistic impact portion of 223.13(c) Existing cabooses ..... 2,500 5,000 these tests. (d) Repair of window ...... 1,000 2,000 (13) Two different test specimens must be 223.15(c) Existing passenger subjected to the large object impact portion cars ...... 2,500 5,000 of these tests. (d) Repair of window ...... 1,000 2,000 223.17 Identification of units ... 1,000 1,500 (14) A material so tested must perform so that: 1 A penalty may be assessed against an individual only for a willful violation. The Administrator reserves the right to as- (i) there shall be no penetration of the sess a penalty of up to $100,000 for any violation where cir- back surfaces (side closest to Witness Plate) cumstances warrant. See 49 U.S.C. 21301, 21304, and 49 of the Target Material by the projectile. Par- CFR part 209, appendix A. If more than one item is listed as a type of violation of a given section, each item is also des- tial penetration of the impact (front) surface ignated by a ‘‘penalty code,’’ which is used to facilitate as- of the Target Material does not constitute a sessment of civil penalties, and which may or may not cor- failure; and respond to any subsection designation(s). For convenience, penalty citations will cite the CFR section and the penalty (ii) there shall be no penetration of par- code, if any. FRA reserves the right, should litigation become ticles from the back side of the Target Mate- necessary, to substitute in its complaint the CFR citation in rial through the back side of the prescribed place of the combined CFR and penalty code citation, should Witness Plate. they differ. (15) Test specimens must consecutively [63 FR 24676, May 4, 1998, as amended at 69 pass the required number of tests at the re- FR 30594, May 28, 2004; 73 FR 6400, Feb. 1, quired minimum velocities. Individual tests 2008; 73 FR 79702, Dec. 30, 2008] resulting in failures at greater than the re- quired minimum velocities may be repeated but a failure of an individual test at less PART 224—REFLECTORIZATION OF than the minimum velocity shall result in RAIL FREIGHT ROLLING STOCK termination of the total test and failure of the material. Subpart A—General (16) After successful completion of the pre- scribed set of required consecutive tests, a Sec. manufacturer may certify in writing that a 224.1 Purpose and scope. particular glazing material meets the re- 224.3 Applicability. quirements of these standards. 224.5 Definitions. c. Material Identification 224.7 Waivers. (1) Each individual unit of glazing material 224.9 Responsibility for compliance. shall be permanently marked, prior to in- 224.11 Penalties. stallation, to indicate that this type of ma- 224.13 Preemptive effect. terial has been successfully tested as set 224.15 Special approval procedures. forth in this appendix and that marking shall be done in such a manner that it is Subpart B—Application, Inspection, and clearly visible after the material has been Maintenance of Retroreflective Material installed. (2) Each individual unit of a glazing mate- 224.101 General requirements. rial that has successfully passed the Type I 224.103 Characteristics of retroreflective testing regimen shall be marked to indicate: sheeting. (i) ‘‘FRA Type I’’ material; 224.105 Sheeting dimensions and quantity. (ii) the manufacturer of the material; 224.106 Location of retroreflective sheeting. (iii) the type or brand identification of the 224.107 Implementation schedule. material. 224.109 Inspection, repair, and replacement.

350

VerDate Mar<15>2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00360 Fmt 8010 Sfmt 8010 Y:\SGML\220215.XXX 220215 jdjones on DSK8KYBLC1PROD with CFR Federal Railroad Administration, DOT § 224.5

224.111 Renewal. § 224.3 Applicability. APPENDIX A TO PART 224—SCHEDULE OF CIVIL This part applies to all railroad PENALTIES freight cars and locomotives that oper- APPENDIX B TO PART 224—FORM ate over a public or private highway- REFLECTORIZATION IMPLEMENTATION COM- rail grade crossing and are used for rev- PLIANCE REPORT enue or work train service, except: APPENDIX C TO PART 224—GUIDELINES FOR SUBMITTING REFLECTORIZATION IMPLE- (a) Freight rolling stock that oper- MENTATION COMPLIANCE REPORTS ates only on track inside an installa- tion that is not part of the general rail- AUTHORITY: 49 U.S.C. 20103, 20107, 20148 and road system of transportation; 21301; 28 U.S.C. 2461, note; and 49 CFR 1.49. (b) Rapid transit operations in an SOURCE: 70 FR 62176, Oct. 28, 2005, unless urban area that are not connected to otherwise noted. the general railroad system of trans- portation; Subpart A—General (c) Locomotives and passenger cars used exclusively in passenger service; § 224.1 Purpose and scope. or (d) Freight rolling stock that is sub- (a) The purpose of this part is to re- ject to a reflectorization requirement duce highway-rail grade crossing acci- promulgated by another Federal agen- dents and deaths, injuries, and prop- cy. erty damage resulting from those acci- dents, by enhancing the conspicuity of § 224.5 Definitions. rail freight rolling stock so as to in- Administrator means the Adminis- crease its detectability by motor vehi- trator of the Federal Railroad Admin- cle operators at night and under condi- istration or the Administrator’s dele- tions of poor visibility. gate. (b) In order to achieve cost-effective Associate Administrator means the As- mitigation of collision risk at high- sociate Administrator for Safety, Fed- way-rail grade crossings, this part es- eral Railroad Administration, or the tablishes the duties of freight rolling Associate Administrator’s delegate. stock owners (including those who Damaged means scratched, broken, manage maintenance of freight rolling chipped, peeled, or delaminated. stock, supply freight rolling stock for Flat car means a car having a flat transportation, or offer freight rolling floor or deck on the underframe with stock in transportation) and railroads no sides, ends or roof (including spine to progressively apply retroreflective cars, articulated and mult-unit inter- material to freight rolling stock, and modal cars). to periodically inspect and maintain Freight rolling stock means: that material. Freight rolling stock (1) Any locomotive subject to part 229 owners, however, are under no duty to of this chapter used to haul or switch install, clean or otherwise maintain, or freight cars (whether in revenue or repair reflective material except as work train service); and specified in this part. (2) Any railroad freight car (whether (c) This part establishes a schedule used in revenue or work train service). for the application of retroreflective Freight rolling stock owner means any material to rail freight rolling stock person who owns freight rolling stock, and prescribes standards for the appli- is a lessee of freight rolling stock, cation, inspection, and maintenance of manages the maintenance or use of retroreflective material to rail freight freight rolling stock on behalf of an rolling stock for the purpose of enhanc- owner or one or more lessors or lessees, ing its detectability at highway-rail or otherwise controls the maintenance grade crossings. This part does not re- or use of freight rolling stock. strict a freight rolling stock owner or Locomotive has the meaning assigned railroad from applying retroreflective by § 229.5 of this chapter, but for pur- material to freight rolling stock for poses of this part applies only to a lo- other purposes if not inconsistent with comotive used in the transportation of the recognizable pattern required by freight or the operation of a work this part. train.

351

VerDate Mar<15>2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00361 Fmt 8010 Sfmt 8010 Y:\SGML\220215.XXX 220215 jdjones on DSK8KYBLC1PROD with CFR § 224.7 49 CFR Ch. II (10–1–10 Edition)

Obscured means concealed or hidden (b) Each petition for waiver under (i.e., covered up, as where a layer of this section shall be filed in the man- paint or dense chemical residue blocks ner and contain the information re- all incoming light); this term does not quired by part 211 of this chapter. refer to ordinary accumulations of dirt, (c) If the Administrator finds that a grime, or ice resulting from the normal waiver of compliance is in the public railroad operating environment. interest and is consistent with railroad Person means an entity of any type safety, the Administrator may grant covered under 1 U.S.C. 1, including but the waiver subject to any conditions not limited to the following: A rail- that the Administrator deems nec- road; a manager, supervisor, official, or essary. other employee or agent of a railroad; any owner, manufacturer, lessor, or § 224.9 Responsibility for compliance. lessee of railroad equipment, track or (a) Freight rolling stock owners, rail- facilities; any independent contractor roads, and (with respect to certifi- providing goods or services to a rail- cation of material) manufacturers of road; and any employee of such an retroreflective material, are primarily owner, manufacturer, lessor, lessee, or responsible for compliance with this independent contractor. Railroad means all forms of non-high- part. However, any person that per- way ground transportation that run on forms any function or task required by rails or electromagnetic guideways, in- this part (including any employee, cluding high speed ground transpor- agent, or contractor of the aforemen- tation systems that connect metropoli- tioned), must perform that function in tan areas, without regard to whether accordance with this part. they use new technologies not associ- (b) Any person performing any func- ated with traditional railroads. tion or task required by this part shall Railroad freight car has the meaning be deemed to have consented to FRA assigned by § 215.5 of this chapter. inspection of the person’s facilities and Tank car means a rail car, the body of records to the extent necessary to de- which consists of a tank for trans- termine whether the function or task porting liquids. is being performed in accordance with Universal Machine Language Equip- the requirements of this part. ment Register means the database con- taining information on rail equipment § 224.11 Penalties. maintained by the Association of (a) Any person (including but not American Railroads. limited to a railroad; any manager, su- Unqualified Retroreflective Sheeting pervisor, official, or other employee or means engineering grade sheeting, agent of a railroad; any owner, manu- super engineering grade sheeting (en- facturer, lessor, or lessee of railroad closed lens) or high-intensity type equipment, track, or facilities; any em- sheeting (ASTM Type I, II, III, or IV ployee of such owner, manufacturer, Sheeting) as described in ASTM Inter- lessor, lessee, or independent con- national Standard D–4956–04, ‘‘Standard tractor) who violates any requirement Specification for Retroreflective Sheet- of this part or causes the violation of ing for Traffic Control.’’ any such requirement is subject to a Work train means a non-revenue serv- civil penalty of at least $650, but not ice train used for the maintenance and more than $25,000 per violation, except upkeep service of the railroad. that: Penalties may be assessed against individuals only for willful violations, § 224.7 Waivers. and, where a grossly negligent viola- (a) Any person subject to a require- tion or a pattern of repeated violations ment of this part may petition the Ad- has created an imminent hazard of ministrator for a waiver of compliance death or injury to persons, or has with such requirement. The filing of caused death or injury, a penalty not such a petition does not affect that to exceed $100,000 per violation may be person’s responsibility for compliance assessed. Each day a violation con- with that requirement while the peti- tinues shall constitute a separate of- tion is being considered. fense. Appendix A to this part contains

352

VerDate Mar<15>2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00362 Fmt 8010 Sfmt 8010 Y:\SGML\220215.XXX 220215 jdjones on DSK8KYBLC1PROD with CFR Federal Railroad Administration, DOT § 224.15

a schedule of civil penalty amounts any person may comment on the peti- used in connection with this part. tion. (b) Any person who knowingly and (1) Each comment shall set forth spe- willfully falsifies a record or report re- cifically the basis upon which it is quired by this part is subject to crimi- made, and contain a concise statement nal penalties under 49 U.S.C. 21311. of the interest of the commenter in the [70 FR 62176, Oct. 28, 2005, as amended at 72 proceeding. FR 51197, Sept. 6, 2007; 73 FR 79702, Dec. 30, (2) Each comment shall be submitted 2008] to the U.S. Department of Transpor- § 224.13 Preemptive effect. tation, Docket Operations (M–30), West Building Ground Floor, Room W12–140, Under 49 U.S.C. 20106, issuance of this 1200 New Jersey Avenue, SE., Wash- part preempts any State law, rule, reg- ington, DC 20590, and shall contain the ulation, or order covering the same assigned docket number which appears subject matter, except an additional or more stringent law, rule, regulation, or in the FEDERAL REGISTER for that pro- order that is necessary to eliminate or ceeding. The form of such submission reduce an essentially local safety haz- may be in written or electronic form ard; that is not incompatible with a consistent with the standards and re- law, rule, regulation, or order of the quirements established by the Federal United States Government; and that Docket Management System and post- does not unreasonably burden inter- ed on its Web site at http:// state commerce. www.regulations.gov. (3) In the event FRA determines that § 224.15 Special approval procedures. it requires additional information to (a) General. The following procedures appropriately consider the petition, govern consideration and action upon FRA will conduct a hearing on the pe- requests for special approval of alter- tition in accordance with the proce- native standards under § 224.103(e). dures provided in § 211.25 of this chap- (b) Petitions. (1) Each petition for spe- ter. cial approval of an alternative stand- (e) Disposition of petitions. (1) If FRA ard shall contain— finds that the petition complies with (i) The name, title, address, and tele- the requirements of this section and phone number of the primary person to that the proposed alternative standard be contacted with regard to the peti- is acceptable or changes are justified, tion; (ii) The alternative proposed, in de- or both, the petition will be granted, tail, to be substituted for the par- normally within 90 days of its receipt. ticular requirements of this part; and The Associate Administrator may de- (iii) Appropriate data and analysis termine the applicability of other tech- establishing that the alternative will nical requirements of this part when provide at least an equivalent level of rendering a decision on the petition. If safety and meet the requirements of the petition is neither granted nor de- § 224.103(e). nied within 90 days, the petition re- (2) Each petition for special approval mains pending for decision. FRA may of an alternative standard shall be sub- attach special conditions to the ap- mitted to the Docket Clerk, Office of proval of the petition. Following the Chief Counsel, Federal Railroad Ad- approval of a petition, FRA may re- ministration, RCC–10, Mail Stop 10, open consideration of the petition for 1200 New Jersey Avenue, SE., Wash- cause stated. ington, DC 20590. (2) If FRA finds that the petition (c) Notice. FRA will publish a notice does not comply with the requirements in the FEDERAL REGISTER concerning of this section, or that the proposed al- each petition under paragraph (b) of ternative standard is not acceptable or this section. that the proposed changes are not jus- (d) Public comment. FRA will provide a period of not less than 30 days from tified, or both, the petition will be de- the date of publication of the notice in nied, normally within 90 days of its re- the FEDERAL REGISTER during which ceipt.

353

VerDate Mar<15>2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00363 Fmt 8010 Sfmt 8010 Y:\SGML\220215.XXX 220215 jdjones on DSK8KYBLC1PROD with CFR § 224.101 49 CFR Ch. II (10–1–10 Edition)

(3) When FRA grants or denies a peti- for Retroreflective Sheeting for Traffic tion, or reopens consideration of a peti- Control.’’ The Director of the Federal tion, written notice is sent to the peti- Register approves the incorporation by tioner and other interested parties and reference of this standard in this sec- a copy of the notice is placed in the tion in accordance with 5 U.S.C. 552(a) electronic docket of the proceeding. and 1 CFR part 51. You may obtain a [70 FR 62176, Oct. 28, 2005, as amended at 74 copy of the incorporated standard from FR 25173, May 27, 2009] ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Subpart B—Application, Inspec- Conshohocken, PA 19428–2959 or at tion, and Maintenance of http://www.astm.org. You may inspect a copy of the incorporated standard at Retroreflective Material the Federal Railroad Administration, § 224.101 General requirements. Docket Clerk, 1200 New Jersey Avenue, SE., Washington, DC 20590 or at the Na- All rail freight rolling stock subject tional Archives and Records Adminis- to this part shall be equipped with tration (NARA). For information on retroreflective sheeting that conforms the availability of this material at to the requirements of this part. Not- NARA, call 202–741–6030, or go to http:// withstanding any other provision of www.archives.gov/federallregister/ this chapter, the application, inspec- codeloflfederall regulations/ tion, and maintenance of that sheeting ibrllocations.html. shall be conducted in accordance with this subpart or in accordance with an (c) Performance. Retroreflective alternative standard providing at least sheeting applied pursuant to this part an equivalent level of safety after spe- shall meet the requirements of ASTM cial approval of FRA under § 224.15. D 4956–04, for Type V Sheeting if metal- ized or Type VII Sheeting if non-metal- § 224.103 Characteristics of ized, except for the initial minimum retroreflective sheeting. values of the coefficient of (a) Construction. Retroreflective retroreflection, and shall, as initially sheeting applied pursuant to this part applied, meet the minimum values for shall consist of a smooth, flat, trans- the coefficient of retroreflection speci- parent exterior film with micropris- fied in Table 1 of this subpart. matic retroreflective elements embed- [70 FR 62176, Oct. 28, 2005, as amended at 74 ded in or suspended beneath the film so FR 25173, May 27, 2009] as to form a non-exposed retroreflective optical system. TABLE 1 OF SUBPART B TO PART 224— (b) Color. Retroreflective sheeting ap- MINIMUM COEFFICIENT OF plied pursuant to this part shall be yel- RETROREFLECTION (RA) (IN CANDELA/ low, fluorescent yellow, or white as LUX/METER2) REQUIREMENT FOR specified by the chromaticity coordi- RETROREFLECTIVE SHEETING (MIN- nates of ASTM International’s Stand- IMUM PHOTOMETRIC PERFORMANCE ard D 4956–04, ‘‘Standard Specification REQUIREMENTS)

Observation angle

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

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

(d) Certification. The characters ‘‘FRA–224’’, piece of sheeting in the final application. constituting the manufacturer’s certifi- The characters shall be a minimum of three cation that the retroreflective sheeting con- millimeters high, and shall be permanently forms to the requirements of paragraphs (a) stamped, etched, molded, or printed within through (c) of this section, shall appear at the product and each certification shall be least once on the exposed surface of each spaced no more than four inches apart.

354

VerDate Mar<15>2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00364 Fmt 8010 Sfmt 8002 Y:\SGML\220215.XXX 220215 jdjones on DSK8KYBLC1PROD with CFR Federal Railroad Administration, DOT § 224.106

(e) Alternative standards. Upon petition by a strips 4 inches wide and 18 or 36 inches freight rolling stock owner or railroad under long, as practicable. The amount of § 224.15, the Associate Administrator may ap- retroreflective sheeting to be applied prove an alternative technology as providing equivalent safety. Any such petition shall to each car or locomotive subject to provide data and analysis sufficient to estab- this part is dependent on the length of lish that the technology will result in con- the car or locomotive and the color of spicuity and durability at least equal to the sheeting. For purposes of this part, sheeting described in paragraphs (a) through the length of a railroad freight car or (c) applied in accordance with this part and locomotive is measured from endsill to will present a recognizable visual target that endsill, exclusive of the coupler and is suitably consistent with freight rolling stock equipped with retroreflective sheeting draft gear. Each side of a railroad meeting the technical requirements of this freight car subject to this part, includ- part to provide the intended warning to mo- ing each unit of multi-unit cars, and torists. each side of a locomotive subject to this part must be equipped with at § 224.105 Sheeting dimensions and least the minimum amount of quantity. retroreflective sheeting specified in Retroreflective sheeting shall be ap- Table 2 of this subpart. plied along the length of each railroad freight car and locomotive side as de- TABLE 2 OF SUBPART B TO PART 224— scribed in § 224.106. Unless otherwise MINIMUM QUANTITY REQUIREMENT specified, retroreflective sheeting ap- FOR RETROREFLECTIVE SHEETING ON plied under this part shall be applied in 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 as bolts, rivets, door hinges, or other sheeting. irregularly shaped areas that may pre- (a) Railroad freight cars. The vent the sheeting from adhering to the retroreflective sheeting shall be ap- car sides. In addition, retroreflective plied along the length of each railroad sheeting need not be applied over exist- freight car side in the manner provided ing or required car stencils and mark- by a uniform industry standard accept- ings. If necessary to avoid appur- ed by the Associate Administrator that tenances, discontinuous surfaces, or ex- provides for distribution of material isting or required car markings or along the length of each car and as stencils, 4x18 and 4x36 inch strips of close as practicable to 42 inches above retroreflective material may be divided the top of rail. In the event such a into 4x9 inch strips and applied on ei- standard is not proffered by industry or ther side of the appurtenance, dis- accepted by the Associate Adminis- continuous surface, or car markings or trator, the criteria set forth in this stencils, as practicable. Unless other- subpart shall apply. Retroreflective wise specified, retroreflective sheeting sheeting applied under this part must shall be applied along the sides of be located clear of appurtenances and freight rolling stock at intervals not to devices such as ladders and other safe- exceed every 12 feet, as practicable. If ty appliances, pipes, or other attach- it is not practicable to apply ments that may obscure its visibility. retroreflective sheeting every 12 feet Retroreflective sheeting need not be because of existing stencils, appur- applied to discontinuous surfaces such tenances, or discontinuous surfaces,

355

VerDate Mar<15>2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00365 Fmt 8010 Sfmt 8002 Y:\SGML\220215.XXX 220215 jdjones on DSK8KYBLC1PROD with CFR § 224.106 49 CFR Ch. II (10–1–10 Edition)

the sheeting shall be applied at the (i) Vertical application. If next smallest interval practicable. retroreflective sheeting is applied in a (1) General rule. On railroad freight vertical pattern, at least one 4x36 inch cars other than flat cars and tank cars, strip or two 4x18 inch strips, one above retroreflective sheeting shall be ap- the other, shall be applied as close to plied in either a vertical or horizontal each end of the car as practicable. Be- pattern along the length of the car tween these two vertical end strips, a sides, with the bottom edge of the minimum of one 4x18 inch strip shall be sheeting as close as practicable to 42 applied at least every 12 feet, as prac- inches above the top of rail. ticable. See Figures 1, 2 and 3. Retroreflective sheeting shall not be applied below the side sill.

356

VerDate Mar<15>2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00366 Fmt 8010 Sfmt 8002 Y:\SGML\220215.XXX 220215 jdjones on DSK8KYBLC1PROD with CFR Federal Railroad Administration, DOT § 224.106

357

VerDate Mar<15>2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00367 Fmt 8010 Sfmt 8006 Y:\SGML\220215.XXX 220215 jdjones on DSK8KYBLC1PROD with CFR ER28OC05.000 § 224.106 49 CFR Ch. II (10–1–10 Edition)

358

VerDate Mar<15>2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00368 Fmt 8010 Sfmt 8006 Y:\SGML\220215.XXX 220215 jdjones on DSK8KYBLC1PROD with CFR ER28OC05.001 Federal Railroad Administration, DOT § 224.106

(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

359

VerDate Mar<15>2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00369 Fmt 8010 Sfmt 8002 Y:\SGML\220215.XXX 220215 jdjones on DSK8KYBLC1PROD with CFR ER28OC05.002 § 224.106 49 CFR Ch. II (10–1–10 Edition)

applied at least every 12 feet, as prac- ticable. See Figures 4, 5, and 6.

360

VerDate Mar<15>2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00370 Fmt 8010 Sfmt 8006 Y:\SGML\220215.XXX 220215 jdjones on DSK8KYBLC1PROD with CFR ER28OC05.003 Federal Railroad Administration, DOT § 224.106

361

VerDate Mar<15>2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00371 Fmt 8010 Sfmt 8006 Y:\SGML\220215.XXX 220215 jdjones on DSK8KYBLC1PROD with CFR ER28OC05.004 § 224.106 49 CFR Ch. II (10–1–10 Edition)

(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,

362

VerDate Mar<15>2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00372 Fmt 8010 Sfmt 8002 Y:\SGML\220215.XXX 220215 jdjones on DSK8KYBLC1PROD with CFR ER28OC05.005 Federal Railroad Administration, DOT § 224.106

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

363

VerDate Mar<15>2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00373 Fmt 8010 Sfmt 8002 Y:\SGML\220215.XXX 220215 jdjones on DSK8KYBLC1PROD with CFR § 224.106 49 CFR Ch. II (10–1–10 Edition)

364

VerDate Mar<15>2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00374 Fmt 8010 Sfmt 8006 Y:\SGML\220215.XXX 220215 jdjones on DSK8KYBLC1PROD with CFR ER28OC05.006 Federal Railroad Administration, DOT § 224.106

(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

365

VerDate Mar<15>2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00375 Fmt 8010 Sfmt 8002 Y:\SGML\220215.XXX 220215 jdjones on DSK8KYBLC1PROD with CFR ER28OC05.007 § 224.106 49 CFR Ch. II (10–1–10 Edition)

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.

366

VerDate Mar<15>2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00376 Fmt 8010 Sfmt 8002 Y:\SGML\220215.XXX 220215 jdjones on DSK8KYBLC1PROD with CFR Federal Railroad Administration, DOT § 224.106

(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

367

VerDate Mar<15>2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00377 Fmt 8010 Sfmt 8002 Y:\SGML\220215.XXX 220215 jdjones on DSK8KYBLC1PROD with CFR ER28OC05.008 § 224.107 49 CFR Ch. II (10–1–10 Edition)

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 OF SUBPART B TO 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

368

VerDate Mar<15>2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00378 Fmt 8010 Sfmt 8002 Y:\SGML\220215.XXX 220215 jdjones on DSK8KYBLC1PROD with CFR Federal Railroad Administration, DOT Pt. 224, Subpt. B, Table 4

(4) The fleet owner shall take such addi- TABLE 4 OF SUBPART B TO 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 ini- tial 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 pro- vided 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

369

VerDate Mar<15>2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00379 Fmt 8010 Sfmt 8002 Y:\SGML\220215.XXX 220215 jdjones on DSK8KYBLC1PROD with CFR § 224.109 49 CFR Ch. II (10–1–10 Edition)

equipped. See appendix B of this part. If, as of the FRA upon request. Any person no- October 28, 2005, a locomotive is equipped tified of a defect under this section with unqualified retroreflective sheeting, the shall have nine months (270 calendar locomotive will be considered in compliance with this part through November 28, 2015, days) from the date of notification to provided the locomotive is equipped with a repair or replace the damaged, ob- minimum of 3 square feet of retroreflective scured, or missing sheeting. Where the material on each side and provided the inspecting railroad or contractor is the freight rolling stock owner files a person responsible for the reporting Reflectorization Implementation Compli- mark, the person shall have nine ance Report with FRA no later than January months (270 calendar days) from the 26, 2006, identifying the locomotives already so equipped. See appendix B of this part. date of the inspection to repair or re- (4) Each railroad that has fewer than place the damaged, obscured, or miss- 400,000 annual employee work hours as of the ing sheeting. end of calendar year 2004, and does not share (b) Locomotives. Retroreflective sheet- locomotive power with another railroad with ing must be visually inspected for pres- 400,000 or more annual employee work hours, ence and condition when the loco- may bring its locomotive fleet into compli- ance according to the following schedule: motive receives the annual inspection fifty percent of the railroad’s locomotives required under 49 CFR 229.27. If at the must be retrofitted pursuant to § 224.106(b) by time of inspection less than 80 percent October 28, 2010, and one hundred percent of the amount of sheeting required must be retrofitted pursuant to § 224.106(b) by under § 224.105 (§ 224.107 in the case of October 28, 2015. If a railroad with fewer than locomotives subject to § 224.107(b)(3)) on 400,000 annual employee work hours shares locomotive power with a railroad with 400,000 either side of a locomotive is present, or more annual employee work hours, the not damaged, and not obscured, the smaller railroad must comply with the re- damaged, obscured, or missing sheeting quirements of paragraphs (b)(2) and (3) of must be repaired or replaced within this section. nine months (270 calendar days) from the date of inspection, provided a § 224.109 Inspection, repair, and re- record of the defect is maintained in placement. the locomotive cab or in a secure and (a) Railroad freight cars. accessible electronic database to which Retroreflective sheeting on railroad FRA is provided access on request. freight cars subject to this part must be visually inspected for presence and § 224.111 Renewal. condition whenever a car undergoes a Regardless of condition, 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- ject to § 224.107(a)(3)) on either side of a time of replacement, it is not nec- car is present, not damaged, and not essary to remove the old sheeting un- obscured, the inspecting railroad or less it interferes with the placement of contractor shall promptly notify the the new sheeting, but the old sheeting person responsible for the reporting shall not be considered in calculating mark, as indicated in the Universal the amount of retroreflective material Machine Language Equipment Reg- required under this part. For purposes ister, of the damaged, obscured, or of this section, November 28, 2005, shall missing sheeting (unless the inspecting be considered the initial date of instal- railroad or contractor is the person re- lation for freight cars and locomotives sponsible for the reporting mark). The covered by § 224.107(a)(3) or 224.107(b)(3). inspecting railroad or contractor shall APPENDIX A TO PART 224—SCHEDULE OF retain a written or electronic copy of 1 each such notification made for at CIVIL PENALTIES least two years from the date of the no- SUBPART B—APPLICATION, INSPECTION, AND tice and shall make these records MAINTENANCE OF RETROREFLECTIVE MATE- available for inspection and copying by RIAL

370

VerDate Mar<15>2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00380 Fmt 8010 Sfmt 8002 Y:\SGML\220215.XXX 220215 jdjones on DSK8KYBLC1PROD with CFR Federal Railroad Administration, DOT Pt. 224, App. A

Willful Section Violation violation

§ 224.103 Characteristics of retroreflective sheeting: (a)–(d) Retroreflective sheeting applied does not meet the requirements of § 224.103 ...... $2,500 $5,000 § 224.105 Sheeting dimensions and quantity: Failure to apply minimum amount of retroreflective sheeting in accordance with Table 2 ... 2,500 5,000 Applying retroreflective sheeting of wrong dimensions ...... 2,500 5,000 § 224.106 Location of retroreflective sheeting: (a), (b)Applying retroreflective sheeting in nonconforming pattern ...... 2,000 4,000 § 224.107 Implementation schedule: (a)(1), (b)(1) Failure to apply retroreflective sheeting to new freight car or locomotive be- fore equipment placed in service ...... 5,000 7,500 (a)(2), (b)(2), (b)(4) Failure to apply retroreflective sheeting to existing freight car or loco- motive in accordance with minimum schedule of paragraphs (a)(2), (b)(2), or (b)(4) ...... 5,000 7,500 § 224.109 Inspection, repair, and replacement: (a) Failure to perform inspection ...... 5,000 7,500 Failure to properly notify car owner of defect ...... 2,500 5,000 Failure to retain written notification of defect for two years ...... 1,500 2,500 Failure to repair defect after notification ...... 5,000 7,500 (b) Failure to perform inspection ...... 5,000 7,500 Failure to repair defect ...... 5,000 7,500

1 A penalty may be assessed against an individual only for a willful violation. The Administrator reserves the right to assess a penalty of up to $100,000 for any violation where circumstances warrant. See 49 CFR part 209, appendix A.

[70 FR 62176, Oct. 28, 2005, as amended at 73 FR 79702, Dec. 30, 2008]

371

VerDate Mar<15>2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00381 Fmt 8010 Sfmt 8026 Y:\SGML\220215.XXX 220215 jdjones on DSK8KYBLC1PROD with CFR Pt. 224, App. B 49 CFR Ch. II (10–1–10 Edition)

APPENDIX B TO PART 224—REFLECTORIZATION IMPLEMENTATION COMPLIANCE REPORT

372

VerDate Mar<15>2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00382 Fmt 8010 Sfmt 8006 Y:\SGML\220215.XXX 220215 jdjones on DSK8KYBLC1PROD with CFR ER28OC05.009 Federal Railroad Administration, DOT Pt. 224, App. B

373

VerDate Mar<15>2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00383 Fmt 8010 Sfmt 8006 Y:\SGML\220215.XXX 220215 jdjones on DSK8KYBLC1PROD with CFR ER28OC05.010 Pt. 224, App. C 49 CFR Ch. II (10–1–10 Edition)

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

374

VerDate Mar<15>2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00384 Fmt 8010 Sfmt 8006 Y:\SGML\220215.XXX 220215 jdjones on DSK8KYBLC1PROD with CFR ER28OC05.011 Federal Railroad Administration, DOT Pt. 224, App. C

375

VerDate Mar<15>2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00385 Fmt 8010 Sfmt 8006 Y:\SGML\220215.XXX 220215 jdjones on DSK8KYBLC1PROD with CFR ER28OC05.012 ER28OC05.013