Vol. 77 Monday, No. 68 April 9, 2012 Part IV Department of Transportation Federal Railroad Administration 49 CFR Parts 229 and 238 Locomotive Safety Standards; Final Rule VerDate Mar<15>2010 15:21 Apr 06, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\09APR4.SGM 09APR4 pmangrum on DSK3VPTVN1PROD with RULES4 21312 Federal Register / Vol. 77, No. 68 / Monday, April 9, 2012 / Rules and Regulations DEPARTMENT OF TRANSPORTATION • Federal eRulemaking Portal: Go to A. Executive Orders 12866, 13563, and http://www.regulations.gov. Follow the DOT Regulatory Policies and Procedures Federal Railroad Administration online instructions for submitting B. Regulatory Flexibility Act and Executive comments. Order 13272 49 CFR Parts 229 and 238 C. Paperwork Reduction Act Instructions: All submissions must D. Federalism Implications [Docket No. FR–2009–0095; Notice No. 3] include the agency name and docket E. Environmental Impact number or Regulatory Identification F. Unfunded Mandates Reform Act of 1995 RIN 2130–AC16 Number (RIN) for this rulemaking. Note G. Privacy Act that all comments received will be I. Executive Summary Locomotive Safety Standards posted without change to http:// AGENCY: Federal Railroad www.regulations.gov including any The requirements that are being Administration (FRA), Department of personal information. Please see the established by this final rule are based Transportation (DOT). Privacy Act heading in the on: existing waivers that have been granted by FRA’s Safety Board; existing ACTION: Final rule. SUPPLEMENTARY INFORMATION section of this document for Privacy Act clarifications of requirements that are SUMMARY: FRA is revising the existing information related to any submitted currently being enforced; new regulations containing Railroad comments or materials. developments in technology related to Locomotive Safety Standards. The Docket: For access to the docket to locomotives; and in part, on a Railroad revisions update, consolidate, and read background documents or Safety Advisory Committee clarify the existing regulations. The final comments received, go to http:// recommendation. On February 22, 2006, rule incorporates existing industry and www.regulations.gov at any time or to FRA presented, and the RSAC accepted, engineering best practices related to Room W12–140 on the Ground level of the task of reviewing existing locomotives and locomotive electronics. the West Building, 1200 New Jersey locomotive safety needs and This includes the development of a Avenue SE., Washington, DC between recommending consideration of specific safety analysis for new locomotive 9 a.m. and 5 p.m. Monday through actions useful to advance the safety of electronic systems. FRA believes this Friday, except Federal holidays. rail operations. The RSAC established final rule will modernize and improve FOR FURTHER INFORMATION CONTACT: the Locomotive Safety Standards its safety regulatory program related to Charles Bielitz, Office of Safety Working Group (Working Group) to locomotives. In accordance with the Assurance and Compliance, Motive handle this task. The Working Group requirements of the Executive Order Power & Equipment Division, RRS–14, met twelve times between October 30, 13563 (E.O. 13563), this final rule also Federal Railroad Administration, 1200 2006, and April 16, 2009. The Working modifies the existing locomotive safety New Jersey Avenue SE., Washington, Group successfully reached consensus standards based on what has been DC (telephone 202–493–6314, email on the following locomotive safety learned from FRA’s retrospective review [email protected]), or Michael issues: locomotive brake maintenance, pilot height, headlight operation, danger of the regulation. As a result, FRA is Masci, Trial Attorney, Office of Chief markings placement, load meter reducing the burden on the industry by Counsel, Federal Railroad settings, reorganization of steam modifying the regulations related to Administration, 1200 New Jersey generator requirements, and the periodic locomotive inspection and Avenue SE., Washington, DC (telephone establishment locomotive electronics headlights. 202–493–6037). requirements based on industry best DATES: This final rule is effective June SUPPLEMENTARY INFORMATION: practices. The full RSAC voted to 8, 2012. Petitions for reconsideration I. Executive Summary recommend the consensus issues to must be received on or before June 8, II. Statutory and Regulatory Background FRA on September 10, 2009. 2012. Petitions for reconsideration will III. Railroad Safety Advisory Committee The Working Group did not reach be posted in the docket for this (RSAC) Overview consensus on several locomotive safety proceeding. Comments on any IV. Proceedings to Date issues. Thus, FRA independently submitted petition for reconsideration V. General Overview of Final Rule Requirements developed a proposal containing must be received on or before July 23, A. Remote Control Locomotives requirements related to: remote control 2012. B. Electronic Recordkeeping locomotives, alerters, locomotive cab ADDRESSES: Petitions for reconsideration C. Brake Maintenance securement, equipping new and or comments on such petitions: Any D. Brakes, General remanufactured locomotive cabs with petitions and any comments to petitions E. Locomotive Cab Temperature air conditioning units, and a minimum related to Docket No. FRA–2009–0095, F. Headlights permissible locomotive cab temperature. may be submitted by any of the G. Alerters FRA also independently developed a H. Locomotive Electronics proposal for locomotive securement. following methods: Web site: Federal I. Periodic Locomotive Inspection eRulemaking Portal, http:// J. Rear End Markers FRA has incorporated the Working www.regulations.gov. Follow the online K. Locomotive Horn Group’s views to the extent possible. instructions for submitting comments. L. Risk Analysis Standardization and In accordance with the requirements • Fax: 202–493–2251. Harmonization of E.O. 13563, this final rule also • Mail: Docket Management Facility, M. Locomotive Cab Securement modifies the existing locomotive safety U.S. Department of Transportation, 1200 N. Diesel Exhaust in Locomotive Cabs standards based on what has been New Jersey Avenue SE., W12–140, O. Federalism Implications learned from FRA’s retrospective review Washington, DC 20590. P. E.O. 13563 Retrospective Review of the regulation. E.O. 13563 requires • Hand Delivery: Room W12–140 on VI. Section-by-Section Analysis agencies to review existing regulations A. Amendments to Part 229 Subparts A, B, the Ground level of the West Building, and C to identify rules that are overly 1200 New Jersey Avenue SE., W12–140, B. Part 229 Subpart E—Locomotive burdensome, and when possible, modify Washington, DC between 9 a.m. and Electronics them to reduce the burden. As a result 5 p.m. Monday through Friday, except C. Amendments to Part 238 its retrospective review, FRA is Federal holidays. VII. Regulatory Impact and Notices reducing the burden on the industry by VerDate Mar<15>2010 15:21 Apr 06, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR4.SGM 09APR4 pmangrum on DSK3VPTVN1PROD with RULES4 Federal Register / Vol. 77, No. 68 / Monday, April 9, 2012 / Rules and Regulations 21313 modifying the regulations related to requirements of §§ 229.27 and 229.29. equipping new locomotives with air periodic locomotive inspection and These extensions were designed to conditioning units inside the headlights. FRA believes that the accommodate testing of the reliability of locomotive cab and maintaining those modifications related to periodic electronic brake systems and other brake units during the periodic inspection locomotive inspection and headlights in system components, with the intent of required by § 229.23, will maintain the this final rule will not reduce safety. moving toward performance based test existing level of railroad safety. criterion with components being Headlights Overview of Final Rule Requirements replaced or repaired based upon their Remote Control Locomotives reliability. This final rule will establish The revisions to the headlight generally applicable requirements based requirements incorporate waiver FRA The rule related to remote control on the Working Group’s 2005–23107 into part 229. The waiver locomotives includes design and recommendation. permits a locomotive with one failed operation requirements, as well as, 350-watt incandescent lamp to operate inspection, testing, and repair Brakes, General in the lead until the next daily requirements. FRA’s Remote Control At a MP&E Technical Resolution inspection, if the auxiliary lights remain Locomotive Safety Advisory, published Committee (TRC) meeting in December continuously illuminated. Under the in 2001, is the basis for the of 1999, the representatives from NYAB existing requirements, a headlight with requirements. All of the major railroads Corporation, a brake manufacturer, only one functioning 200-watt lamp is have adopted the recommendations asserted that a problem with a faulty not defective and its condition does not contained in the advisory, with only automatic or independent brake valve affect the permissible movement of a slight modifications to suit their will not create an unsafe condition locomotive. However, the existing individual operations, and the when the locomotive is operating in the requirements are more restrictive for a Association of American Railroads trail position, provided the locomotive 350-watt lamp. A locomotive with only (AAR)