Thursday, November 6, 2003

Part IV

Department of Transportation Federal Railroad Administration

49 CFR Part 224 Reflectorization of Rail Freight Rolling Stock; Proposed Rule

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DEPARTMENT OF TRANSPORTATION • Hand Delivery: Room PL–401 on collisions between motor vehicles and the plaza level of the Nassif Building, trains at highway-rail grade crossings Federal Railroad Administration 400 Seventh Street, SW., Washington, throughout the United States. DC, between 9 a.m. and 5 p.m., Monday Approximately 4,000 times each year, a 49 CFR Part 224 through Friday, except Federal train and a highway vehicle collide at [Docket No. FRA–1999–6689, Notice No. 3] Holidays. one of this country’s 262,000 public and • Federal e-Rulemaking Portal: Go to private highway-rail grade crossings. RIN 2130–AB41 http://www.regulations.gov. Follow the Approximately 23% of all highway-rail online instructions for submitting grade crossing accidents involve motor Reflectorization of Rail Freight Rolling comments. vehicles running into trains occupying Stock Instructions: All submissions must grade crossings (‘‘RIT’’ accidents).1 AGENCY: Federal Railroad include the agency name and docket Almost 80% of these RIT accidents Administration (FRA), Department of name and docket number or Regulatory occur during nighttime conditions Transportation (DOT). Identification Number (RIN) for this (dawn, dusk, and darkness) and involve a highway vehicle striking a train after ACTION: Notice of proposed rulemaking. rulemaking. For detailed instructions on submitting comments and additional the first two units of the consist. These SUMMARY: FRA is proposing to require information on the rulemaking process, statistics suggest that a contributing retroreflective material on the sides of see the Public Participation heading of factor to many RIT accidents is the freight rolling stock (freight cars and the Supplementary Information section difficulty motorists have in seeing a locomotives) to enhance the visibility of of this document. Note that all train consist at a crossing in time to stop trains in order to reduce the number of comments received will be posted their vehicles before reaching the accidents at highway-rail grade without change to http://dms.dot.gov, crossing, particularly during periods of crossings in which train visibility is a including any personal information limited visibility, such as dawn, dusk, contributing factor. This document provided. Please see the Privacy Act darkness, or during adverse weather proposes a rule establishing a schedule heading under Regulatory Notices. conditions. for the application of retroreflective Docket: For access to the docket to The physical characteristics of trains, material and prescribing standards for read background documents or in combination with the characteristics the application, inspection, and comments received, go to http:// of grade crossings (e.g., grade crossing maintenance of the material. dms.dot.gov at any time or to Room PL– configuration, type of warning devices at a crossing, rural background DATES: Written Comments: Comments 401 on the plaza level of the Nassif environment with low level ambient must be received by March 5, 2004. Building, 400 Seventh Street, SW., light, or visually complex urban Comments received after that date will Washington, DC, between 9 am and 5 background environment, etc.), and the be considered to the extent possible pm, Monday through Friday, except inherent limitations of human eyesight, without incurring additional expense or Federal Holidays. Public Hearing: The public hearing make it difficult for motorists to detect delay. a train’s presence on highway-rail grade Public Hearing: FRA is planning to will be held at the Washington Plaza crossings, particularly during periods of conduct a public hearing in Hotel, 10 Thomas Circle, NW., Massachusetts Avenue at Fourteenth limited visibility. Freight trains lack Washington, DC, on Tuesday, January conspicuity (i.e., the ability to be seen) 27, 2004, at 9:30 a.m., in order to Street, Washington, DC 20005 (202– 842–1300). Written notification of a in some of their different environmental provide all interested parties the settings. For example, trains are opportunity to comment on the party’s intended participation should identify the docket number and must be typically painted a dark color and are provisions contained in this notice. Any covered with dirt and grime which are person wishing to participate in the submitted to Ms. Ivornette Lynch, Docket Clerk, Office of Chief Counsel, inherent in the rail environment. With public hearing should notify the Docket the exception of locomotives, trains are Clerk by telephone (202–493–6030) or Federal Railroad Administration, RCC– 10, 1120 Vermont Ave., NW., Stop 10, usually unlighted and are not equipped by mail at the address provided below with reflective devices. Similarly, a Washington, DC 20590. at least five working days prior to the large percentage of crossings are not date of the hearing. The notification FOR FURTHER INFORMATION CONTACT: Dr. lighted. Consequently, much of the light should identify the party the person Tom Blankenship, Mechanical Engineer, from a motor vehicle’s headlights is represents, and the particular subject(s) Office of Safety, FRA, 1120 Vermont absorbed by the freight cars, instead of the person plans to address. FRA Ave., NW., Mailstop 25, Washington, being reflected back toward the reserves the right to limit participation DC 20590 (telephone: 202–493–6446); motorist. The large size of freight cars, in the hearing of persons who fail to Mary Plache, Industry Economist, Office which are out of scale relative to a provide such notification. of Safety, FRA, 1120 Vermont Ave., motorist’s expectations, also make them ADDRESSES: You may submit comments NW., Mailstop 21.1, Washington, DC difficult to detect. For instance, even if identified by DOT DMS Docket Number 20590 (telephone: 202–493–6297); or a motorist is looking for a train, if the FRA–1999–6689 by any of the following Lucinda Henriksen, Trial Attorney, locomotive has already passed, it is methods: Office of Chief Counsel, FRA, 1120 difficult to detect the freight cars • Web site: http://dms.dot.gov. Vermont Ave., NW., Mailstop 10, because the cars often encompass the Follow the instructions for submitted Washington, DC 20590 (telephone: 202– motorist’s entire field of view and have comments on the DOT electronic docket 493–6038). the tendency to ‘‘blend’’ into the site. SUPPLEMENTARY INFORMATION: background environment, especially at • Fax: 1–202–493–2251. night. In addition, because most drivers Background • Mail: Docket Management Facility; involved in grade crossing accidents are U.S. Department of Transportation, 400 This proposed rule represents a familiar with the crossings and with Seventh Street, SW., Nassif Building, partial solution to a safety problem that roadway features at the crossings, the Room PL–401, Washington, DC 20590– has long concerned FRA—the need to 001. reduce the incidence and severity of 1 Based on available data from 1992 through 2001.

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drivers become habituated (or pre- locomotives to enhance the visibility of measurements on the Canadian cars conditioned) to the crossings. In other trains in order to reduce the number of after six months, one year, and two words, based on previous driving accidents at highway-rail grade years of service indicated rapid experiences and conditioning, a driver crossings where train visibility is a deterioration of the retroreflective may not expect a train to be occupying contributing factor. material. Only 23% of the material’s a crossing, and without a clear auditory original reflectivity remained at the end A. History of Railroad Car Conspicuity signal (because the locomotive has of six months. This declined to 14% Issue and Congressional Mandate already cleared the crossing) or visual after one year and to 5% at the end of stimuli alerting the driver to a train As applied to rail car visibility, the two years of service. Tests of similar traveling through the crossing, the term ‘‘conspicuity’’ refers to the high intensity retroreflective sheeting driver may fail to perceive the train in characteristic of a rail car in its roadway conducted by the Boston and Maine time to stop. This condition is further setting to command the attention of Railroad in 1981 yielded substantially exacerbated when a train is stopped on approaching motorists and be the same results as the earlier Canadian a crossing. recognizable to reasonably prudent tests. There is currently no requirement for motorists at sufficient distance to allow FRA first evaluated the use of lighting or reflective markings on freight the motorists to reduce their vehicles’ reflective material on rail rolling stock rolling stock. However, in recognition speed and take action to avoid in the early 1980s, and supported a that the transportation of people and collisions. Research relating to the study completed in 1982 on the goods is not restricted to daytime hours conspicuity of rail cars is not a new potential use of reflectorization to and pristine weather conditions, concept. Research dating back to the reduce nighttime accidents at highway- reflectorization has become an early 1950s has noted the potential rail intersections. The study concluded indispensable tool for enhancing viability of rail car conspicuity materials that although the use of reflective visibility in virtually all other modes of such as luminous sources (lights on rail material enhanced the visibility of transportation, including air, highway, cars), self-luminous sources trains, the reflective material was not maritime, and pedestrian travel. For (phosphorescent), and reflective durable enough to withstand the harsh example, airplanes and motor vehicles sources. In the mid 1950’s, researchers railroad environment. It was decided are equipped with high brightness concluded that reflective material along that rulemaking action was not retroreflective material at key locations the side sill of boxcars increased the warranted at that time. on the exterior surfaces to increase their visibility of the cars and aided in the Since 1982, however, improvements conspicuity. Mircoprismatic corner cube perception of the cars’ motion. The in the brightness, durability, and retroreflectors (which have the ability to same study also found that the amount adhesive properties of reflective direct light rays back to the light source) and distribution of reflectorized materials have been achieved and a new are typically used on roadway signs that material proportionally affected the material, microprismatic retroreflective warn of construction or other hazardous level of visibility and accuracy of material, is now available. Because of conditions. Federal regulations require perception of rail cars’ motion. In other the technological advances in reflective retroreflective materials on the sides words, by using material with high materials and the creation of and rear of large trucks to increase their coefficients of reflectivity (i.e., high microprismatic retroreflective material, conspicuity and to aid motorists in levels of reflected light) against a high beginning in the early 1990’s FRA judging their proximity to these contrast background (e.g., dark and dirty funded renewed research through the vehicles. Even regulations addressing rail cars), the amount of illumination John A. Volpe National Transportation bicycle safety have specific was increased, and the motorists’ ability Systems Center in Cambridge, requirements on the use of reflective to discriminate the movement of the rail Massachusetts (‘‘Volpe’’) to reexamine materials. Lifesaving marine equipment, cars across their line of vision was the issue of using reflective material to such as life vests and rafts, require enhanced. In the early 1970’s, a study enhance railcar conspicuity. reflectorization; and to enhance the concentrating on the conspicuity of In July 1999, FRA announced the conspicuity of pedestrians, especially at trains at night found that although results of its renewed research efforts night, retroreflective material has been luminous and reflective sources both with the release of the report Safety of incorporated into clothing and similar proved effective in enhancing the Highway-Railroad Grade Crossings: items. visibility of trains, reflectors provided Freight Car Reflectorization (DOT/FRA/ The everyday use of reflectors conspicuity at a greater distance and ORD–98/11) (‘‘1999 Volpe Report’’). The indicates their acceptance to delineate field of vision than the other sources 1999 Volpe Report provided significant potential hazards and obstructions to a which were studied. information, including cost estimates vehicle’s path of travel. Research The general consensus of historical and data on the performance of specific to the railroad industry has research was that reflective materials equipped rail car fleets in an actual demonstrated that reflective materials can increase the conspicuity of objects service environment. Similar to earlier can increase the conspicuity of freight to which they are attached, but previous research, the 1999 Volpe Report cars, thereby enhancing motorists’ generations of reflective materials did concluded that reflective materials ability to detect the presence of trains in not reflect enough light to be effective enhanced motorists’ ability to detect the highway-rail grade crossings. This in the railroad environment and lacked presence of a train in a highway-rail greater visibility can help drivers avoid the durability to survive the harsh grade crossing and could therefore some accidents and reduce the severity railroad operating environment. For prevent collisions involving highway of other accidents that are unavoidable. example, in 1959 a Canadian freight car vehicles. Unlike earlier studies which Accordingly, FRA, as the Federal agency reflectorization program was begun. In utilized previous generations of responsible for ensuring that America’s this program, high-intensity reflective material, the 1999 Volpe railroads are safe for the traveling retroreflective sheeting in the shapes of Report concluded that the durability public, and in direct response to a circular discs and squares were applied and adhesive properties of the new Congressional mandate, proposes to to the sides of rail cars for the purpose microprismatic retroreflective material require use of reflective material on the of assessing their long term durability could provide adequate luminance sides of certain rail cars and and performance. Reflective intensity intensity levels which can be sustained

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for up to 10 years with minimum visibility would likely improve safety in share their views, concerns, and maintenance. A copy of the complete a cost-effective manner, the Secretary of experiences with regard to rail car 1999 Volpe Report is in the docket of Transportation (‘‘Secretary’’) must reflectorization. Discussion during the this proceeding (Document No. FRA– initiate a rulemaking proceeding to workshop focused on the potential 1999–6689–17). prescribe regulations requiring effectiveness of rail car reflectorization Building upon the research detailed enhanced visibility standards for under a variety of circumstances (e.g., at in the 1999 Volpe Report, and railroad cars. Section 20148 specifically nighttime versus daytime, at passively recognizing that the study’s human directs the Secretary to examine the use protected crossings versus actively factors tests did not provide a realistic of reflectors. Section 20148 of title 49 of protected crossings, or when drivers are environment in which to evaluate the the United States Code states as follows: under the influence of alcohol or detectability and recognition of freight (a) REVIEW OF RULES.—The Secretary of otherwise impaired), as well as more cars equipped with microprismatic Transportation shall conduct a review of the practical aspects of any rail car retroreflective material in a real-world Department of Transportation’s rules with reflectorization program (e.g., environment, FRA subsequently respect to railroad car visibility. As part of maintenance and cleaning requirements, investigated whether motorists, under this review, the Secretary shall collect when and where reflector installation real world driving conditions, would relevant data from operational experience by would occur, and the costs involved in likely confuse reflectorized trains with railroads having enhanced visibility installing and maintaining the other roadway hazards, particularly measures in service. reflectors). Throughout the workshop trucks which were already required by (b) REGULATIONS.—If the review conducted under subsection (a) establishes FRA representatives acknowledged federal regulations to be equipped with that enhanced railroad car visibility would participants’ concerns regarding retroreflective material. It is important likely improve safety in a cost-effective reflectorization and invited interested for motorists to be able to distinguish manner, the Secretary shall initiate a parties to share further comments and rail cars from trucks because motorists’ rulemaking proceeding to prescribe relevant data as FRA continued its interaction with trains is different from regulations requiring enhanced visibility investigation into whether a rulemaking trucks. Because trucks are shorter in standards for newly manufactured and mandating reflectorization of rail cars length and pass through an intersection remanufactured railroad cars. In such was warranted. A copy of the transcript more quickly than the average train, a proceeding the Secretary shall consider, at a minimum— of this workshop is included in the motorist approaching a truck in an (1) visibility of railroad cars from the docket of this proceeding. (Document intersection may only need to slow his perspective of nonrailroad traffic; No. FRA–1999–6689–7). or her vehicle to avoid a collision, while (2) whether certain railroad car paint colors Recognizing that part of the review a motorist approaching a grade crossing should be prohibited or required; mandated by Congress included occupied by a train more likely will (3) the use of reflective materials; collecting relevant data from operational need to stop at the crossing to avoid a (4) the visibility of lettering on railroad experience by railroads having collision. In July 2001, FRA released the cars; enhanced visibility measures in service, results of this research in the report (5) the effect of any enhanced visibility on January 14, 2000, FRA established a measures on the health and safety of train Safety of Highway-Railroad Grade crew members; and public docket (Docket No. FRA–1999– Crossings: Recognition of Rail Car (6) the cost/benefit ratio of any new 6689) to provide all interested parties Retroreflective Patterns for Improving regulations. with a central location to both send and Nighttime Conspicuity (DOT/FRA/ORD– (c) EXCLUSIONS.—In prescribing review relevant information concerning 00/07) (‘‘2001 Volpe Report’’). The 2001 regulations under subsection (b), the railroad car conspicuity and to provide Volpe Report concluded that motorists Secretary may exclude from any specific a venue to gather and disseminate had difficulty discriminating visibility requirement any category of trains information and views on the issues. unreflectorized rail cars from trucks as or railroad operations if the Secretary The docket contains several illuminance levels declined, but determines that such an exclusion is in the submissions from FRA (e.g., transcript public interest and is consistent with railroad motorists could discriminate between safety. of the July 28, 1999 workshop, an reflectorized freight cars and truck analysis of signal detection theory, trailers for each of the four reflective On July 28, 1999, FRA hosted a FRA’s preliminary cost-benefit analysis patterns tested. In addition, the report workshop on reflectorization of rail on railcar reflectorization, and technical concluded that vertically oriented rolling stock. Attendees included reports from the NHTSA and Volpe), as patterns, as opposed to outline or representatives from the railroad well as comments from numerous horizontally oriented patterns, were industry, reflector manufacturing and members of the public and the regulated preferable because they were less likely supply companies, as well as community, which will be discussed in to be confused with the horizontally representatives from the National more detail below. oriented truck reflectorization patterns. Transportation Safety Board and the FRA regards the 1999 and 2001 Volpe A copy of the complete 2001 Volpe National Highway Traffic Safety Reports, as well as the 1999 workshop Report is in the docket of this Administration (NHTSA) and other and establishment of the public docket proceeding (Document No. FRA–1999– interested parties. The workshop as responsive to section 20148’s 6689–48). provided an opportunity for FRA and all directive to review the Department’s Meanwhile, in 1994 Congress passed interested parties to review and discuss rules with respect to rail car visibility. the Federal Railroad Safety the issue of rail car conspicuity and Further, because the 1999 and 2001 Authorization Act of 1994, Pub. L. 103– specifically, rail car reflectorization. Volpe Reports concluded that 440 (‘‘Act’’). The Act added § 20148 to During the workshop, representatives reflectorization could enhance rail car title 49 of the United States Code. from Volpe provided a briefing on the visibility, FRA conducted a preliminary Section 20148 required FRA to conduct 1999 Volpe Report and a representative cost-benefit analysis (‘‘Preliminary a review of the Department of of NHTSA provided a briefing on that Analysis’’) to determine whether Transportation’s (‘‘Department’’) rules agency’s rule requiring the reflectorization would provide a cost with respect to the visibility of railroad reflectorization of large truck trailers. effective method of reducing the cars and mandated that if the review The workshop also provided an number of collisions at highway-rail established that enhanced railroad car opportunity for all interested parties to grade crossings and the casualties and

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property damages which result from estimated the ten-year discounted light source. As applied to motorists those collisions. FRA’s Preliminary benefits of a reflectorization program, in approaching grade crossings, Analysis concluded that the benefits of terms of avoided casualties and property retroreflective material on the sides of a uniform, nationwide freight car damage, to be in the range of $57 rail cars will reflect light from an reflectorization program would far million, $70 million, $100 million, or approaching vehicle’s headlights back to outweigh the costs of such a program. $105 million, depending on the the motorist in a concentrated beam. If In the Preliminary Analysis, FRA methodology employed. either a direct or diffuse reflective identified the primary source of benefits Taking into consideration material, material was applied to the sides of rail to be gained from freight car installation and maintenance costs, cars, light from an approaching vehicle’s reflectorization as the avoidance of a FRA’s Preliminary Analysis concluded headlights would be reflected in several portion of the fatalities, injuries, and that over a ten-year period (the different directions, thereby lessening property damage that result from estimated useful life of the the amount of light reflected back to the collisions between motor vehicles and retroreflective material), the discounted motorist. freight trains at grade crossings. cost to reflectorize the entire freight Retroreflective material is rated in Statistics show that collisions between railroad fleet would be approximately terms of the reflected light per unit area trains and motor vehicles often result in $40 million. Accordingly, FRA as contrasted with the light striking it fatal or very serious injuries to the concluded that the reflectorization of (‘‘specific intensity per unit area’’ or occupants of the motor vehicle railroad freight equipment is a viable SIA). The amount of reflected light involved, and the vehicle may be and cost-effective method of reducing reaching the driver’s eyes will completely destroyed. In addition, the number of collisions at highway-rail determine how bright that object collisions between trains and motor grade crossings and the casualties and appears to the driver. Therefore, vehicles often result in damage to the property damages which result from retroreflective materials that are rail equipment and significant delays those collisions. FRA published the efficient in returning light to a driver’s and disruptions to rail operations. For results of its Preliminary Analysis on eyes may appear brighter to the driver example, FRA’s Railroad Safety October 26, 2001. See 66 FR 54326. A than materials that are not as efficient. Advisory Committee estimates that copy of the Preliminary Analysis is in The newest, most durable, and most collisions cause an average of a two- the docket of this proceeding. efficient retroreflective material hour train delay at $250 per hour for (Document No. FRA–1999–6689–25). available today, the prismatic type Because of the rail industry’s freight trains. This estimate does not retroreflector, is made of microscopic continued interest in the issue of rail car include the ripple effect of delays prisms or corner cubes. Each of these reflectorization, FRA met with members incurred by other trains, including prisms or corner cubes contains three of the regulated community on March passenger trains, awaiting use of the surfaces oriented at 90 degrees to each 24, 2003, to again listen to their track where service has been other. The entering rays of light are comments and concerns regarding interrupted. reflected from each of the surfaces and FRA calculated the expected safety reflectorization. During this meeting, the are returned to the observer in a more benefits of reflectorization in terms of participating railroads and car owners concentrated and focused beam than the decline in the probability of RIT reiterated their concerns regarding a accidents. Recognizing that the potential rail car reflectorization direct or diffuse reflectors or even other effectiveness of retroreflectors (and rulemaking. Specifically, participants types of retroreflective material. therefore the benefits to be gained from expressed concern that a federal The amount of light received by an their use) will vary by circumstance rulemaking mandating reflectorization observer from a retroreflector is affected (e.g., nighttime versus daytime could have the effect of increasing their by six factors: (1) Reflective intensity of conditions, clear versus cloudy weather liability for grade crossing accidents. the material (the SIA), (2) size of the conditions, presence of other warning Participating railroads and car owners retroreflector, (3) intensity of the light devices at a crossing, train speed and also raised important considerations source (in the case of grade crossings, length, etc.), FRA’s Preliminary regarding many practical aspects of a the intensity of approaching motor Analysis recognized that forecasting the potential reflectorization program (e.g., vehicles’ headlights and the efficiency benefits which would likely result from a feasible schedule for the application of of those headlights), (4) atmospheric reflectorization necessitated a certain reflectors to rail cars, what types of transmissivity (e.g., clear, foggy, or hazy amount of subjective analysis and the reflective material would be required, weather conditions), (5) windshield exercise of judgment. Accordingly, reflector cleaning and maintenance transmittance, and (6) the distance of based on the manufacturers’ 10-year responsibilities, and when and where the observer from the retroreflector. The guaranteed useful life of retroreflective reflectors would be applied to cars). relationship among these factors and the sheeting, FRA employed four different illuminance received by an observer is approaches to the estimation of benefits. B. Fundamentals of Reflectivity and based on Allard’s Law and is Benefit estimates were based on varying Human Eyesight represented by the following equation: Materials that have reflective effectiveness rates derived from (1) two 2d properties can be classified into three IABt∗∗∗ ∗ WH ∗ previous studies analyzing the E = s effectiveness of reflective material on general categories: direct reflectors, e d 4 large trucks, (2) subjective estimates of diffuse reflectors, and retroreflectors. reflector effectiveness by internal FRA Direct reflectors, such as mirrors, in which grade crossing experts, and (3) a signal bounce light off the reflective material at Ee = Illuminance received by the detection model consisting of an an angle equal and opposite to the observer (measured in footcandles analysis of the statistical probability of direction of the light source. Diffuse (fc)) different potential severities of hazard reflectors, such as license plates, bounce Is = Intensity of the light beamed toward or injury, based on laboratory light off the reflective material at an the reflector (measured in candela experiments and accident/incident data angular spread of up to 180 degrees. (cd)) from FRA’s Rail Accident/Incident Retroreflectors, however, direct the A = Area of the reflector (measured in Reporting System database. FRA reflected light in the direction of the square feet)

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B = Reflective intensity of reflector (i.e., inversely proportional to the square of detail discrimination relative to SIA, measured in candela/ the distance, however, as a motorist gets photopic vision. footcandle/square foot (cd/fc/ft 2)) closer, less performance is needed. In During normal daylight conditions, t = Transmissivity of the atmosphere addition, the reduction in the material’s the human visual system operates at its (per foot) reflectivity as a vehicle approaches a highest level of visual acuity and has d = Distance between the observer and train can be partly compensated for by the greatest capability of distinguishing the reflector (measured in feet) using reflective materials with the differences between objects in the visual W = Windshield transmittance highest level of performance (e.g., field (good detail discrimination). At (percentage) microprismatic retroreflective material). night, and in other conditions of low H = Headlight efficiency (percentage) In evaluating the performance of ambient light, contrast sensitivity is The above relationship assumes that reflective materials in the railroad greatly diminished, colors cannot be the incident light from the light source operating environment, the inherent discriminated, and details are not easily is normal to (i.e., perpendicular to) the limitations of human eyesight must also discernible. Thus, in order to be seen at surface of the retroreflector. At highway- be taken into account. In general, an night, objects must be sufficiently rail crossings, however, light will often individual’s visual attention orients brighter (or darker) than their strike retroreflectors on rail cars at an toward areas that contain a great deal of backgrounds. The perceived brightness angle other than 90 degrees, and as a information (such as concentrations of of an object, including an object with result, the reflected light received by an signs, lights, people, etc.) and toward reflective properties, is, at least in part, objects that differ greatly from their dependent on its color. approaching motorist will be reduced. background (such as contrasting color or The visible spectrum of light, which This reduction is a function of three brightness, or moving objects against a lies between the nonvisible ultraviolet factors: the incidence (or entrance) still background). Accordingly, although and infra-red radiation, contains all angle, the divergence (or observation) reflectorization will increase the colors. Color is the property of an object angle, and the properties of the visibility of trains in normal daytime reflecting the light of a particular retroreflective material. The incidence conditions, it is expected that wavelength. The colors range from the angle is the angle formed between a line reflectorization will be most effective in longest wavelength, red, to the shortest from the light source (e.g., headlights of reducing RIT accidents at nighttime or wavelength, violet. The various cones approaching motor vehicle) to the during other times of limited visibility (red, green, and blue) of the human reflective surface and a line when the reflective material contrasts visual system are selectively sensitive to perpendicular to the reflective surface. the most with the background different wavelengths of light, resulting The divergence angle is the angle environment. in the perception of color. The unaided between the line of sight of the observer For human beings to see in darkness human eye is able to detect light (visible to the reflective surface and the path of and other low-light conditions, radiation) within a narrow band of the the light from the source to the sufficient light must illuminate their electronmagnetic spectrum between reflective surface. A retroreflector’s retinas. Two types of light sources affect approximately 400 nanometers (nm) effectiveness is affected primarily by the a human’s ability to see. The primary (violet end) and 780 nm (red end). The divergence angle and secondarily by the light source is one that is self-luminous eye is most sensitive, however, to light incidence angle. The divergence angle is (e.g., a vehicle’s headlights or crossing in the wavelengths that stimulate both a function of the distance between the illumination). Secondary light sources the red and green cones (approximately driver’s eyes and the light source and (e.g., reflective material) are not self- 500 nm to 650 nm, with peak sensitivity the distance between the reflector and luminous and can be detected in at approximately 550 nm, the the light source. In the scenario of a darkness only if light is reflected from wavelength corresponding to the color motor vehicle approaching a highway- their surface. Non-luminous and non- yellow-green). The eye is least sensitive rail grade crossing, since the distance reflecting objects are also visible under to red or violet light at either extreme between the light source (i.e., vehicle’s low light conditions based on available of the spectrum. Wavelengths between headlights) and the motorist’s eyes is a contrast with a lighter background 500 nm and 650 nm, and particularly at constant, the divergence angle decreases against which they stand out. As about 550 nm (yellow-green), contribute as the distance between the vehicle and applied to railroad crossings during most to the perception of color, as well the reflector increases. The retroreflector periods of darkness or otherwise limited as the definition of visual detail. As will produce maximum reflectivity for visibility, a motor vehicle’s headlights such, reflective materials with a color the motorist when both the incidence and retroreflection can be used to falling within the range of yellow-green and divergence angles equal zero. This partially compensate for the daylight peak sensitivity would provide the most maximum reflectivity will not be that is not present. visible contrast with the normally dark achieved for highway-rail grade The light that illuminates the retina and dirty background of freight cars. crossings, however, due to the fact that stimulates two types of photoreceptor the divergence angle increases as the cells—cones and rods. The cones are C. FRA’s Studies of Freight Car vehicle approaches the reflective sensitive to normal daylight conditions Reflectorization material on the train. In other words, the (photopic vision). Photopic vision FRA’s study resulting in the 1999 reflective intensity of retroreflectors on requires higher levels of illumination Volpe Report consisted of a four-phase the sides of rail cars will increase with and allows color perception and high research program to determine the distance since both the observation and visual acuity. The rods are sensitive to feasibility of reflectorization as a train entrance angles vary inversely with the lower levels of illumination, do not conspicuity device. Specifically, the distance between the reflector and the allow color perception, and do not goals of the research were to: (1) vehicle. Similarly, as a vehicle gets provide as high a level of visual acuity Determine whether the new generation closer to a rail car, the entrance and as the cones. This is called scotopic of reflective material (microprismatic observation angles get larger, and the vision. At dusk and dawn both types of retroreflective material) would provide retroreflective material’s performance receptors are activated (mesopic vision). adequate brightness in the railroad drops (i.e., the intensity of the reflected Mesopic vision is characterized by environment; (2) determine whether the light drops). Because illuminance is diminished color vision and reduced new material could withstand the harsh

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environmental conditions of railroad be sufficiently bright to attract the approaching motorists to detect and operations; (3) establish the minimum attention of approaching motorists early recognize a train’s presence in a intensity level required to attract a enough in the approach path of the crossing from a distance of 500 feet. motorist’s attention; and (4) assess the vehicles so that the drivers have time to These assumptions include: effectiveness of pattern placement on react to avoid collisions. Accordingly, Ee= Required level of illuminance to be freight car detectability. After reviewing Volpe defined the minimum threshold received by an observer sufficient past and current transportation of intensity as the lowest luminous for detectability & recognition—2.3 experiences with the use of reflectors, value that allows a motorist to detect the × 10¥6 fc Volpe conducted a demonstration test to presence of a retroreflector (and W = Windshield Transmittance—0.70 establish the durability of the newly therefore a freight car equipped with a H = Headlight Efficiency—0.85 developed microprismatic material, and retroreflector) in a crossing, even if the Is= Headlight Intensity—3,000 cd (per to create a test pattern. Next, a motorist is not actively looking for a headlight) nationwide in-service test was train. In developing this minimum t2d = Atmospheric Transmittance— conducted to measure the threshold, Volpe took into account the 0.945 microprismatic retroreflectors’ effects of the harsh railroad operating Using these known assumptions and performance, accident reduction environment, including the inherent rearranging Allard’s Law to solve for A, potential, and costs. Finally, a human dirt and grime that accumulates on rail the area of the reflector, and B, the 4 factors test was conducted to evaluate cars and the effects of often severe reflector’s SIA (i.e., A*B = Ee*d / 2d the detectability and recognition of weather conditions, as well as the aging Is*t *W*H), a range of values was several retroreflective designs. of the retroreflective material and the determined. Specifically, assuming a First, Volpe reviewed past and current orientation and configuration of rail vehicle is traveling 50 miles per hour on reflectorization experiences in the cars. Utilizing visibility assumptions wet pavement, a 4x8 inch reflector (0.22 railroad environment. Specifically, established by previous reflectorization ft2) must have a minimum reflector Volpe surveyed the rail industry and studies (i.e., a level approach grade, a brightness (SIA) of 200 cd/fc/ft2 for identified several railroads and other 2.5 second driver reaction time, wet detection to occur in time for motorists industry participants, including the pavement, and a vehicle speed of 50 to stop before entering the highway-rail Burlington Northern Santa Fe (‘‘BNSF’’), miles per hour), Volpe first concluded grade crossing. A 4x36 inch (one square the Soo Line, the Georgia Power that a motorist must become aware of a foot) reflector, however, must have an Company, and Southern Company, that train’s presence when the vehicle is 500 SIA of only approximately 45 cd/fc/ft2 had already begun using retroreflective feet from the crossing so that the vehicle for detection to occur in time for markings on at least some portion of can be brought to a safe stop. motorists to stop before entering the their fleets. BNSF reported using a rail Next, using the ‘‘point source crossing. These results demonstrate that car marking system having method’’ upon which many guidelines for the same amount of illumination to retroreflective material on each end of for reflector intensity are built, Volpe attract the driver’s attention, the smaller freight cars and eleven 5x8 inch determined that the minimum threshold the area of the reflector (e.g., 0.22 ft2) the rectangular white diamond grade illuminance level of 2.3 × 10¥6 larger the required SIA of the reflector markings along the side sill of each side footcandles would be sufficient to make (e.g., 200 cf/fc/ft2). The same holds true of its freight cars. Smaller 3x8 inch a reflector detectable to most drivers. for the opposite scenario, the larger the markings were reportedly used on car The ‘‘point source method’’ is based on reflector area (e.g., one square foot), the sides where surface space is limited, the fact that astronomical observations smaller the required SIA of the refector such as under boxcar doors. The Soo have determined that a star producing (e.g., 45 cd/fc/ft2). Line reported applying retroreflective an luminance of 2.3 × 10¥9 footcandles The demonstration test was designed material to its cars for advertisement at the eye of an observer against an to evaluate the degradation in purposes and to improve the safety of overcast moon sky illuminance, equal to reflectivity of different reflective nighttime yard operations. The Georgia 9.9 × 10¥4 footlamberts, can be detected materials applied to freight cars under Power Company reported using twelve with a 98% probability when the controlled conditions and to develop a 3x12 inch yellow prismatic observer is actively looking for the light test pattern. Three types of reflective retroreflectors located at 42 inches and knows precisely where to look for materials (enclosed lens, bonded, and above the top of the rail (‘‘TOR’’) on its it. This level must be increased five to microprismatic retroreflective material) coal hoppers since 1981, while the ten times if the light is to be easily were tested. For the tests, nine open top Southern Company reported using high found. (The FAA detection level for hopper cars were treated with groups of intensity yellow retroreflective material pilots is almost eight times this three 4x4 inch diamond shaped on its open top hopper cars. Although minimum threshold). If the light signal markings placed near the side sill (at none of railroads which responded to is to attract the attention of an observer approximately 42 inches TOR). Each Volpe’s survey conducted any formal who is not actively looking for it, then group of markings was comprised of the evaluations of their marking systems, increases of 100 to 1,000 times the three types of materials being evaluated. the Soo Line reported satisfaction with threshold level are needed—which is Five more hopper cars had groups of their program and that some of the equivalent to 2.3 × 10¥6 footcandles. two or three 4x2 inch rectangular retroreflective materials applied to cars Accordingly, Volpe determined that an markings attached to the wheels at 90, in the mid 1960s still performed illumination level of 2.3 × 10¥6 120, or 180 degrees of separation. Only adequately. footcandles should be sufficient to make microprismatic material was used on Using information gleaned from the reflector detectable to all but the few the wheel application. One car had a previous studies of reflectorization, drivers who are completely oblivious to 4x96 inch vertical strip applied to the Volpe next established a minimum their driving environment. corner post at each end of the car. All threshhold for reflector brightness Finally, using several additional of the marking systems evaluated were (minimum SIA) to be used as a basis for visibility assumptions established by either all white, all red, or a evaluating reflector performance. For previous research, Volpe used Allard’s combination pattern of red and white. reflectorization to be effective in Law to determine the minimum reflector Results of the demonstration test reducing RIT accidents, reflectors must intensity (SIA) required to enable indicated that the white microprismatic

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material performed satisfactorily, while curvature of the tank body, the markings human factors evaluation, was to the enclosed lens and bonded materials were placed at 72 inches TOR. In develop a retroreflective pattern that is did not. The microprismatic material January 1992, the markings were detectable in time for the motorist to had a much higher initial SIA value applied to 149 Norfolk Southern double- recognize a train in the grade crossing than the other two materials and was stack intermodal flat cars. Because of and respond in time to avoid an found to be ten times brighter than the the limited surface area of these flat accident. Specifically, the test was material tested in 1982. In addition, cars, the 4x8 inch markings were placed designed to determine the detection after one year of service, the at 42 inches TOR, while the 4x36 inch characteristics of the new microprismatic retroreflective material markings were placed at 30 inches TOR. microprismatic retroreflective material maintained an SIA value that was 87% This was followed in March and April in various color and mounting of the original measurement, which was 1992 with 336 captive Norfolk Southern configurations. Several potential well above the established minimum open top hopper cars and 74 boxcars in placement patterns and color conspicuity threshold. The enclosed clay service, respectively, receiving the combinations were developed and lens material lost approximately the marking system. analyzed to determine the most effective same percentage of reflectivity as the Although the results of the in-service reflectorization configuration. Based on microprismatic material, but due to its test showed that the harsh railroad the outcome of both subjective and lower original SIA value, this loss was operating environment could have a objective evaluation techniques, sufficient for it to fall below the severe effect on the performance of the reflectorized freight cars were found to minimum reflectivity required. The red retroreflectors, Volpe identified a be significantly more detectable than microprismatic material degraded general correlation between reflector non-reflectorized cars. Even the worst approximately the same as the white. performance and height above TOR. performing pattern and color However, none of the all red markings Specifically, reflectors mounted highest configuration tested was several orders evaluated in the study met the on test cars performed the best, while of magnitude better than an minimum reflectivity requirements after reflectors mounted lower, and unreflectorized car. Generally, the one year. In addition, all of the materials particularly below the side sill, did not results indicated that a uniform pattern placed on the wheels degraded very perform as well. Finding little change in of reflectorized material would facilitate quickly and became ineffective in only reflector performance due to dirt and motorists’ detection of a hazard in his or a few months. Of the markings that were grime accumulation above the side sill her path and recognition of that hazard comprised of both red and white level (approximately 42 inches TOR), as a freight car. The results specifically materials, only the performance of the Volpe identified a minimum placement indicated that a uniform vertical vertical 4x96 inch strips of height as 42 inches TOR to allow reflector pattern yielded the highest microprismatic material (applied to the maximum efficiency of reflector levels of detection and recognition and corner posts of one car) was reported. performance. The average performance that a red/white color combination was The reflectivity of these markings of the vertical 4x36 inch reflective strips preferable in order to facilitate decreased to about 67% of their initial at the ends of the cars remained above motorists’ recognition of a train as a value after one year. Because of the the minimum threshold level for all car hazard in the motorists’ path and relatively large size of the markings, types for the entire testing period. The convey a sense of danger. In addition, however, this amount of reflectivity was average performance of all 4x8 inch distribution patterns that outlined the reflectors degraded more quickly, well above the conspicuity threshold shape or that spaced the retroreflective especially when mounted under the level. material over a relatively large area of side sill or in mid-car locations where the rail car side were found to be Based on the preliminary results of loading operations occur. Accordingly, superior to a distribution that the demonstration test, larger scale Volpe concluded that any concentrated the material along the trials, spanning approximately two reflectorization pattern should minimize bottom of the car. Accordingly, Volpe years, were initiated in collaboration reflectors’ location under the side sill recommended the development of a with Norfolk Southern Corporation and and at loading points, and should utilize standard pattern that: (1) Either outlined the Alaska Railroad Corporation. This larger reflectors. Larger-size reflectors the shape of the freight car, or otherwise in-service test allowed data collection of would lower the acceptable SIA level spaced the material over a large area of the retroreflective material’s durability, and would also degrade at a slower rate performance, and accident reduction than the 4x8 inch reflectors. the rail car side; (2) could fit on all types potential under in-service conditions. Although the in-service test did not of rail cars; and (3) would not likely be For these trials, two color combinations provide statistically valid results confused with other roadway hazards, of microprismatic retroreflective regarding the reflectors’ accident particularly reflectorized trucks and material were selected based on the reduction potential, the test did show a trailers. demonstration test and input from the reduction in RIT accidents. During the FRA addressed the issue of motorist railroads: A pattern of all white material three year period before the installation confusion with the issuance of the 2001 and a pattern of alternating red and of the reflectors on the captive Norfolk Volpe Report. This study recognized white material. The marking Southern hopper cars, there were six that the previous study did not provide configuration selected consisted of three accidents in which the motorist hit the a realistic environment in which to 4x8 inch white rectangular markings side of the train after the first unit had evaluate the detectability and applied horizontally every nine feet just passed through the crossing (i.e., recognition of freight cars reflectorized above the side sill (at approximately 42 referred to as Category 1 RIT accidents). with microprismatic retroreflective inches TOR in most instances), and a These accidents occurred during the material. For example, in the 1999 4x36 inch strip of red/white material hours of dawn, dusk, and darkness. study, observers did not see anything applied vertically at the side sill on both During the three year period after the else in the scene that might be ends of the cars. In 1991, the markings cars were reflectorized, no RIT accidents encountered in an actual driving were applied to 29 tank cars carrying occurred. environment (e.g., signs, other vehicles, various petroleum products on the The primary concern of the fourth lights, foliage, buildings, etc.). In the Alaska Railroad. Because of the phase of the research program, the real world, foliage, buildings, or other

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obstructions may block a motorist’s reflectorized truck trailers for all of the devices warn motorists that tracks are view, or lights, signs, and other visual patterns tested. The most effective present; these devices do not indicate if clutter may compete for a motorist’s patterns, in terms of detectability a train is actually approaching or in the attention. In addition, with reflective distance and recognition of the object as crossing. Reflectorization of rail cars materials in comon use on the nation’s a freight car, however, were the fence improves the visual detection of the highways, the opportunity exists for pattern and the variable height vertical train by making its distance and relative motorists to confuse freight cars with strip patterns. The report also state of motion more quickly and other roadway hazards, particularly concluded that using a vertically accurately gauged by drivers of other reflectorized truck trailers and respond oriented pattern clearly distinguishable vehicles. inappropriately. NHTSA regulations from the horizontally oriented patterns Crossings with active warning devices require trucks more than 80 inches wide founds on truck trailers will minimize (e.g., flashing lights, gates, etc.) will also and weighing more than 10,000 pounds the likelihood that motorists will receive some benefit from to be reflectorized (49 CFR 571.108). confuse a train in a grade crossing with reflectorization. Each year over 200 Specifically, the regulation requires the a truck trailer. accidents occur when motorists drive use of a strip (two to four inches wide) around lowered gates or past flashing D. Accident Reduction Potential of in alternating colors (red and white) and lights and strike trains at highway-rail Reflective Markings and Alternative covering at least 50% of the length of grade crossings. Under conditions of Approaches to Reducing Grade Crossing the trailer. Because trucks are shorter in limited visibility, such as darkness or Accidents length and pass through an intersection inclement weather, the added, unique more quickly than the average train, an FRA recognizes that the effectiveness visual signal offered by reflectors will approaching motorist may only need to of rail car reflectorization will, to a augment the visual warning of flashing slow the vehicle to avoid a collision certain extent, vary by circumstance. As lights. The same rationale, although to instead of stopping prior to reaching the discussed earlier, various factors will a lesser extent, applies to crossings with intersection. Conversely, because the influence the degree of effectiveness of gates. In many instances, a train average train is longer than the average reflectors and in turn, the resulting standing in or passing through a truck, it spends a greater amount of time accident reduction and mitigation crossing encompasses the motorist’s in the intersection. For motorists achieved. While all RIT accidents are entire field of view because of its size approaching a grade crossing, the potentially affected by reflectorization, and proximity. The motorist may not greater amount of time the train spends those RIT accidents that result from a see the train in the crossing because in the intersection means it is more highway vehicle striking the train after there is no contrast between the train likely that the motorists will need to the lead unit has entered the crossing and the surrounding environment. The stop at the intersection. Accordingly, (Category 1 RIT accidents) are the motorist can look both ways, but the 2001 study was designed to accidents most likely preventable by because there is no detectable train determine whether, at night when reflectorization. In particular, movement, may still attempt to cross the relying upon retroreflective patterns for reflectorization is expected to be most track. Crossing warning devices, active identification, motorists are likely to effective in reducing nighttime Category or passive, only provide a warning to confuse reflectorized trains with 1 RIT accidents, which currently make the motorist. The signal delivered by reflectorized trucks. up almost 70% of all Category 1 RIT reflective material on the sides of rail In the 2001 study, four patterns, each accidents, despite the generally lower cars is clear and indicates to utilizing 144 square inches of reflective volume of highway traffic at night as approaching motorists the actual material, were evaluated: An outline, a compared to the daytime. presence and current movement of a horizontal strip, a vertical strip, and a Although reflectorization of rail cars train in or through a crossing. variable height vertical strip. The is expected to be most effective at FRA also recognizes the existence of outline pattern outlined the shape of the nighttime, some daytime RIT accidents numerous other methods for reducing freight car. The horizontal strip pattern are also expected to be prevented, or at the occurrences of RIT accidents (e.g., concentrated the retroreflective material least mitigated, by reflectorization. the elimination of highway-rail grade along the side sill of the car. The Under conditions of reduced daytime crossings, installation and upgrading of vertical strip pattern (also known as the visibility (e.g., inclement weather), crossing warning devices, crossing ‘‘fence’’ pattern), distributed the reflectors enhance the visibility of illumination, etc.). FRA believes that a material in six equally-sized vertical freight cars by providing an increased number of these alternatives used alone strips over a relatively large area of the visible contrast with the freight car side and in combination, are viable methods car sides. The variable height vertical wall, especially when an approaching for mitigating collision risk at highway- strip pattern distributed the material in motor vehicle’s headlights are turned rail grade crossings. However, FRA also six varying-sized vertical strips over a on. During the day, other light sources believes that reflectorization of freight relatively large area of the freight car (e.g., the sun), may be at an appropriate rolling stock is a feasible and cost- sides. The patterns were placed on two orientation to cause reflected light to be effective method of reducing and types of freight cars, hopper cars and seen by the motorist. mitigating grade crossing accidents that flat cars. The study measured the degree The type of warning device at the provides unique safety benefits not to which drivers recognized crossing can also influence the obtainable with the other grade crossing reflectorized freight cars in the grade effectiveness of reflectorization. warning devices and safety measures. crossing when both the motor vehicle Crossings with only passive devices, Obviously, the most effective way to and the train were in motion, and the where almost 50% of all Category 1 RIT reduce highway-rail grade crossing driver’s ability to discriminate accidents occur, will benefit the most accidents, RIT accidents or otherwise, is reflectorized freight cars from other from reflectorization. Passive warning to eliminate highway-rail grade objects in the intersection. devices include signs (e.g., crossbucks, crossings. Closing access to highway-rail The 2001 Volpe Report concluded stop signs, etc.) and other statically crossings where redundant or that motorists could, at least to a certain displayed information (e.g., pavement unnecessary crossings exist or extent, discriminate between markings) that warn motorists of the constructing grade separating reflectorized freight cars and potential of a train at a crossing. Passive overpasses where necessary is an

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effective safety improvement. However, implementation of a nationwide rail car (e.g., reduced property damage and local opposition to closing crossings and reflectorization program. reductions in injuries and deaths the associated expenses with Several individual members of the associated with RIT accidents). The constructing grade separations or other public and organizations of concerned BMWE also expressed its agreement alternatives to the crossings, often citizens (including the Angels on the with FRA’s conclusion that render these methods impractical, if not Track Foundation and Active People reflectorization represents a cost- impossible. Efforts have also been Against Railroad Tragedies), voiced effective approach to mitigating the underway in recent years to illuminate strong support for a nationwide rail car problem of RIT accidents. Another crossings with street lamps. It is reflectorization program. These commenter, although acknowledging generally believed that crossing commenters related stories of personal some of the inherent difficulties in illumination reduces the likelihood of tragedy in which friends or loved ones implementing a nationwide RIT accidents (by enabling motorists to were injured or killed as a result of reflectorization program (e.g., catching recognize a train in a crossing earlier), grade crossing accidents—specifically, up with specific rail cars to apply at a lower cost than that required to grade crossing collisions in which the reflective material, reflector install active warning systems. To date, motor-vehicle drivers apparently did maintenance and cleanliness issues), however, limited cost information is not see a train in the path of their expressed support for rail car available and no specific effectiveness vehicles in time to react to avoid reflectorization and suggested that FRA or accident reduction statistics have collisions. FRA has the greatest adopt NHTSA’s standards for reflective been developed. In addition, an obvious sympathy for the losses suffered by material on commercial vehicles. limit to crossing illumination is the these commenters. The goal of this Railroad industry participants, such unavailability of commercial power rulemaking is to reduce the number of as the AAR, Great Lakes Transportation sources at some crossings, particularly RIT accidents, but rules must be based LLC (which submitted comments on rural, passively protected crossings. on consideration of evidence and data. behalf of two class II carriers, Bessemer Without a commercial power source, a Accordingly, this preamble focuses on and Lake Erie Railroad Company and crossing illumination system may the technical and economic aspects of the Duluth, Missabe and Iron Range require its own energy generating and rail car reflectorization. FRA, however, Railway Company), RSI, the ASLRRA, storage device and train detection has not ignored the advice of those as well as NAFCA, raised important equipment, often making it a cost- whose tragic personal experiences has considerations related to prohibitive measure. led them to support this proposal implementation of a nationwide rail car addressing rail car conspicuity. reflectorization program (e.g., a feasible E. Discussion of Comments Other commenters expressing support schedule for the application of reflectors for a nationwide freight car to rail cars, reflector cleaning and The public docket in this proceeding reflectorization program include maintenance requirements, the contains approximately 55 comments municipalities, trade organizations such treatment of rail cars already equipped from interested parties, including as the ATA and the Texas Motor with reflective material pursuant to one members of the railroad industry, trade Transportation Association, and other of the many voluntary reflectorization organizations, local governments, public organizations concerned with safe and programs already underway throughout interest organizations, reflective efficient highway transportation the industry). These commenters also material manufacturing and supply (including AAA and the American expressed the opinion that a federal companies, as well as members of the Highway Users Alliance). These regulation mandating reflectorization general public. Specifically, comments commenters expressed the view that the would not be a cost-effective safety were received from the following issue of highway-rail grade crossing measure given the costs railroads and organizations: The American Trucking safety is an issue that affects not only car owners would incur implementing Association (ATA), the Texas Motor the railroad industry, but the entire such a program (e.g., the costs of Transportation Association, Niagara motoring public as well, including initially installing the material, Bulk Service Limited, the Port of individual motorists and commercial periodically inspecting, cleaning, and Woodland, the Conway Scenic Railroad, motor carriers which traverse grade maintaining the material, and the the Brotherhood of Maintenance of Way crossings on a daily basis. Specifically, potential for increased litigation Employees (BMWE), the American the ATA expressed support for the exposure). Automobile Association (AAA), the City December 1999 petition for rulemaking The ASLRRA and Great Lakes of Hudsonville in Michigan, Reidler filed by the South Dakota Trucking Transportation LLC (which submitted Decal Corporation, 3M, Reflexite, the Association, the Wyoming Farm Bureau comments on behalf of two class II American Highway Users Alliance, the Federation, the Wyoming Trucking carriers, Bessemer and Lake Erie Tourist Railroad Association, the Association, and the Mississippi Railroad Company and the Duluth, Association of American Railroads Trucking Association which sought to Missabe and Iron Range Railway (AAR), Avery Dennison, Great Lakes require railcars to bear retroreflective Company), additionally expressed the Transportation LLC, the Railway sheeting. These commenters also opinion that a Federal regulation Progress Institute (now known as the pointed out the prevalence of unlighted, mandating rail car reflectorization Railway Supply Institute (RSI)), the passively protected highway-rail grade would be unduly burdensome and American Short Line and Regional crossings in rural communities and the costly on small railroads. One Railroad Association (ASLRRA), the particular vulnerability of these types of commenting railroad, however, North American Freight Car Association crossings to RIT accidents. recognized that adopting a high (NAFCA), the National Industrial The BMWE, a rail labor organization, visibility, common color scheme on rail Transportation League, as well as TTX. also submitted comments in support of equipment could reduce accidents at Although the majority of comments rail car reflectorization. The BMWE highway-rail grade crossings. A submitted were in favor of cited the federal highway rule requiring representative of another small railroad, reflectorization, some members of the reflectorization of large trucks as the Conway Scenic Railroad in New railroad industry raised important evidence of the benefits which could be Hampshire, suggested that railroads considerations related to the derived from rail car reflectorization should make their locomotives and cars

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more visible and that reflectorization FRA has chosen to impose color, type, rail freight rolling stock and prescribes could be a practical method of doing so. size, and placement requirements that standards for the application, This commenter, however, recognized ensure sufficient reflectivity will be inspection, and maintenance of the limits of any program designed to retained over time, despite the harsh retroreflective material to rail freight enhance the visibility of trains, railroad operating environment. The rolling stock for the purpose of including reflectorization, and amount and placement of retroreflective enhancing its detectability at highway- explained that ‘‘[t]he most visible train sheeting required to be applied to rail grade crossings. This rule will not is only as safe as the motor vehicle freight rolling stock pursuant to this part restrict freight rolling stock owners from operator who encounters it.’’ FRA depends on the size of the freight car or applying retroreflective material to strongly agrees with this statement and locomotive, as well as the car type. freight rolling stock on an accelerated recognizes that reflectorization will Generally, however, this rule proposes a schedule, nor will this rule restrict provide only a partial solution to the vertical pattern of retroreflective freight rolling stock owners from safety issues surrounding highway-rail material along the entire side of freight applying additional reflective material grade crossings. FRA recognizes, and rolling stock, as the physical as long as any such additional material feels it worthy of emphasis, that nothing configuration of various equipment does not interfere with the recognizable in this rule relieves motorists from the types allows. pattern contemplated in proposed responsibility to be alert at highway-rail In drafting this rule, FRA has § 224.105. Freight rolling stock owners, crossings and use due diligence in carefully considered the comments however, are under no duty to install, operating motor vehicles safely, even submitted to the docket of this maintain, or repair reflective material during times of limited visibility. proceeding and has attempted to devise except as specified in this rule. F. The Proposed Rule a rule which will ensure the most Section 224.3 Applicability efficient and cost-effective Based upon the information currently implementation of a nationwide This section proposes that this rule available, FRA believes that reflectorization program which will apply to all freight cars and locomotives reflectorization of rail freight rolling provide valuable safety benefits to both used for revenue or work train service stock is a feasible method of enhancing the railroad industry and the motoring that operate over a public or private rail car visibility that would likely public. FRA anticipates that many highway-rail grade crossing and are improve safety in a cost-effective constructive comments will result from used for revenue or work train service. manner. Accordingly, as the Federal public analysis of this proposal and that FRA is aware that cars with Canadian agency responsible for ensuring that the proposed rule may be changed as a reporting marks are used extensively America’s railroads are safe for the result of the public input. As such, FRA within the United States. Transport traveling public and in direct response invites public comments on all aspects Canada has previously administered a to the Congressional directive of 49 of this proposed rule. reflectorization program for Canadian U.S.C. 20148, FRA is proposing to cars, and FRA expects that Transport require the use of reflective material on Section-by-Section Analysis Canada will take actions in parallel with this proposal to handle the North the sides of certain rail cars and Section 224.1 Purpose and Scope locomotives. American fleet. Generally, this rule proposes that all This section contains a formal This part will not apply to (1) freight freight cars and locomotives that operate statement of the proposed rule’s railroads that operate only on track over a public or private highway-rail purpose and scope. FRA intends that inside an installation that is not part of grade crossing in the United States in the rule cover all aspects of the general railroad system of revenue or work train service be reflectorization of freight rolling stock, transportation, (2) rapid transit equipped with retroreflective sheeting including but not limited to, the size, operations within an urban area that are on both sides. This rule contemplates color, placement, and performance not connected to the general system of that conforming retroreflective sheeting standards of the reflective material, as transportation, or (3) locomotives or will be applied to freight cars on a fleet well as the schedule for the application, passenger cars used exclusively in basis so that each segment of the freight inspection, and maintenance of the passenger service. Although FRA car fleet is brought into compliance material. recognizes that both public and private within ten years, and each segment of Paragraph (a) states that the proposed grade crossings may be found on plant the locomotive fleet is brought into rule is intended to reduce highway-rail railroads and freight railroads that are compliance within five years. To ensure grade crossing accidents, deaths, not part of the general railroad system the most efficient and cost-effective injuries, and property damage resulting of transportation, these operations implementation of the rule, FRA from those accidents by enhancing the typically involve low speed vehicular proposes that retroreflective sheeting be conspicuity of rail freight rolling stock traffic and FRA has not determined that applied to new freight rolling stock at as to increase its detectability by motor reflectorization would be helpful in the time of construction, and to existing vehicle operators at night and under these areas. These reasons, together with stock when such stock is being conditions of poor visibility. Paragraph the historical basis for not asserting repainted, rebuilt, or is undergoing (b) explains that the proposed rule jurisdiction over insular rail operations, other periodic maintenance. establishes the duties of freight rolling leads FRA to propose not to exercise This rule proposes specific color, stock owners and railroads to jurisdiction over public and private construction, placement, and progressively apply retroreflective crossings at such plant and private performance requirements for the material to freight rolling stock, and to railroads. FRA does, of course, retain required retroreflective sheeting and periodically inspect and maintain that the statutory right to assert jurisdiction also sets forth a schedule for the material in order to achieve cost- in this area and will do so if application, inspection, and effective mitigation of collision risk at circumstances warrant. maintenance of the sheeting. The highway-rail grade crossings. Paragraph Paragraph (c) provides that this rule performance requirements set forth in (c) explains that the proposed rule will not apply to locomotives and this proposal are based on the material establishes a schedule for the passenger cars used exclusively in as it is initially applied. In other words, application of retroreflective material to passenger service. FRA proposes to

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exclude locomotives and passenger cars CFR part 214 (e.g., how often is this reflectivity throughout the used exclusively in passenger service equipment involved in grade crossing manufacturers’ stated useful life despite from this rule because the conspicuity accidents, what, if any, conspicuity inevitable accumulations of dirt. If, issues attendant to passenger service are devices are already utilized on this however, retroreflective material is significantly different from those of equipment, would it be practicable to covered with paint (e.g., graffiti), a freight service. For example, equip these vehicles with retroreflective dense chemical residue (e.g., product particularly in commuter service, the material, etc.). spilled from a tank car), or any other highway-rail grade crossings through ‘‘Freight rolling stock owner’’ is foreign substance, other than dirt or which passenger trains operate are defined to include any person who grime, which effectively blocks all typically better protected than crossings owns freight rolling stock, leases freight incoming light, that material would be used exclusively in freight service. Also, rolling stock, manages the maintenance considered ‘‘obscured’’ under this part. many passenger cars have bright or use of freight rolling stock on behalf In order to ensure that the stainless steel exteriors or are painted of an owner or one or more lessors or requirements of this part would be contrasting light colors and are lessees, or who otherwise controls the practicable for each type of freight car maintained in a much cleaner condition maintenance or use of freight rolling to which they apply, FRA has included than freight cars. Passenger cars stock. This definition recognizes the definitions for railroad freight car, flat typically have inside lights which are practicalities of freight car ownership in car, and tank car. The proposed visible through side windows that run the industry today. It is estimated that requirements for each type of car differ the entire length of the cars. Although over one-half of all freight cars are based on configurational differences FRA does not at this time propose to privately owned. This number between the vehicles in those groups. require the application of reflective continues to increase. Because private FRA believes that almost 99% of the material to locomotives and passenger freight car owners often contract with freight car fleet that would be subject to cars used exclusively in passenger others to maintain their cars and may this rule falls within one of these three service, FRA may do so in a future not even see their cars on a regular definitions. The remaining 1% of the rulemaking if it proves a cost-effective basis, this definition contemplates that fleet that does not fall within one of method of mitigating collision risk at those who control the maintenance or these definitions is provided for in highway-rail grade crossings. use of freight cars by contractual § 224.105(a)(4) addressing ‘‘cars of As in all aspects of this proposed rule, agreements or otherwise, will also be special construction.’’ FRA requests FRA invites comments on the responsible for compliance with this comments on the use of these jurisdictional determinations proposed part in conjunction with the actual definitions, specifically, whether these in this notice. owners of the cars. definitions are adequate to identify car ‘‘Obscured’’ means, for purposes of Section 224.5 Definitions types for purposes of this rule or this part, concealed or hidden. whether commenters have other This proposed rule uses various Specifically excluded from this definitions that they would prefer. terms, which for purposes of this definition are ordinary accumulations of rulemaking, have very specific dirt, grime, or ice resulting from the Section 224.7 Waivers meanings. FRA intends these definitions normal railroad operating environment. This section explains the process for to clarify the meaning of important FRA recognizes that the harsh railroad requesting a waiver from a provision of terms as they are used in the text of the operating environment inevitably this rule. FRA has historically proposed rule and several of these results in dirt accumulating on the sides entertained waiver petitions from definitions warrant further discussion. of freight rolling stock. The standards parties affected by an FRA regulation. In ‘‘Freight rolling stock’’ includes any for retroreflective material set forth in reviewing such requests, FRA conducts locomotive subject to 49 CFR part 229 this part take into account this ordinary investigations to determine if a used to haul or switch freight cars in accumulation. The term ‘‘obscured,’’ deviation from the general regulatory revenue or work train service and any however, is intended to refer to criteria can be made without railroad freight car subject to 49 CFR situations where reflective material is compromising or diminishing safety. part 215, including a car stenciled MW covered by paint, a dense chemical The rules governing the FRA waiver pursuant to § 215.305. Although FRA residue, or any other foreign substance, process are found in 49 CFR part 211. proposes to limit the definition of such that the material no longer reflects In summary, after a petition for a waiver ‘‘freight rolling stock’’ to locomotives light. For example, FRA understands is received by FRA, a notice of the and freight cars, FRA requests that the sides of coal cars will waiver request is published in the comments on the potential utility and accumulate coal dust and other dirt over Federal Register, an opportunity for practicability of reflectorizing other rail time due to the nature of normal public comment is provided, and an equipment, such as specialized railroad operations. An accumulation of opportunity for a hearing is afforded the maintenance of way vehicles coal dust or other dirt, even if it petitioning or other interested party. (particularly maintenance of way significantly darkens and dirties the FRA, after reviewing information from vehicles not falling within the purview retroreflective material, will not cause the petitioning party and others, will of subpart D to 49 CFR part 214) or any the material to be ‘‘obscured’’ for grant or deny the petition. In certain other rail equipment used to haul freight purposes of this rule. The standards circumstances, conditions may be cars. FRA specifically requests data proposed in this rule account for the imposed on the grant of a waiver if FRA demonstrating what, if any, other types effects of accumulations of dirt and concludes that the conditions are of rail equipment (other than grime inherent in the railroad operating necessary to assure safety or if they are locomotives subject to 49 CFR part 229) environment, the aging of the reflective in the public interest. are used to haul freight cars and the material, and other adverse effects of the potential feasibility of reflectorizing operating environment (e.g., harsh Section 224.9 Responsibility for such equipment and any data and/or weather conditions). FRA believes that Compliance relevant comments related to the reflective material meeting the General compliance requirements are conspicuity of maintenance of way requirements of this rule when initially proposed in this section. Paragraph (a) equipment which is not subject to 49 applied will still provide adequate states that freight rolling stock owners

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(as defined in § 224.5), railroads, and any person that violates any The Supreme Court has consistently (with respect to certification of material) requirement of this part. These penalties interpreted section 20106 to confer on manufacturers of retroreflective are authorized by 49 U.S.C. 21301, the Secretary the power to preempt not material, are primarily responsible for 21302, and 21304. The penalty only State statutes, but State common compliance with the rule. The provision parallels penalty provisions law as well. See CSX Transp. v. responsibility of manufacturers is included in numerous other safety Easterwood, 507 U.S. 658, 664 (1993) discussed in more detail in the analysis regulations issued by FRA. Essentially, (‘‘(L)egal duties imposed on railroads by of proposed § 224.103(a) below. any person who violates any the common law fall within the scope Paragraph (a) also clarifies FRA’s requirement of this part or causes the of (the) broad phrases’ of section position that the requirements violation of any such requirement will 20106.). See also Norfolk Southern Ry. contained in the rule are applicable to be subject to a civil penalty of at least Co. v. Shanklin, 529 U.S. 344 (2000). any ‘‘person’’ (as defined in the rule) $500 and not more than $11,000 per The Court has further held that Federal that performs any function or task violation. Civil penalties may be regulations under the Federal Railroad required by the proposed rule. Although assessed against individuals only for Safety Act will preempt common law various sections of the rule address the willful violations, and where a grossly where the regulations ‘‘substantially duties of freight rolling stock owners, negligent violation or a pattern of subsume’’ the subject matter of the railroads, and manufacturers of repeated violations creates an imminent relevant State law. Easterwood, 507 U.S. retroreflective material, FRA intends hazard of death or injury to persons, or at 664. that any person who performs any causes death or injury, a penalty not to As is evident in the language of action on behalf of any of these parties exceed $22,000 per violation may be proposed § 224.1, FRA intends to cover or any person who performs any action assessed. In addition, each day a the subject matter of standards for the covered by the rule is required to violation continues will constitute a use of retroreflective materials on freight perform that action in the same manner separate offense. Maximum penalties of rolling stock and the specific duties of as required of the freight rolling stock $11,000 and $22,000 are required by the freight rolling stock owners in this owner, railroad, or manufacturer, or be Federal Civil Penalties Inflation regard. FRA intends this part to preempt subject to FRA enforcement action. For Adjustment Act of 1990 (Pub. L. 101– any State law, rule, or regulation, or example, employees or agents of freight 410) (28 U.S.C. 2461 note), as amended common law theory of liability that rolling stock owners, or railroad by the Debt Collection Improvement Act might attempt to impose a duty on contractors that perform duties covered of 1996 (Pub. L. 104–134, 110 Stat. freight rolling stock owners pertaining by these regulations would be required 1321–373) which requires each agency to the reflectorization of freight rolling to perform those duties in the same to regularly adjust certain civil stock that is not specifically set forth in manner as required of a freight rolling monetary penalties in an effort to this part. For example, FRA intends to stock owner or railroad. Likewise, maintain their remedial impact and preempt any State law or common law employees or agents of manufacturers of promote compliance with the law. theory of liability which might attempt retroreflective sheeting being to impose a duty on freight rolling stock manufactured pursuant to this part, Section 224.13 Preemptive Effect owners to apply additional would be required to perform those This section informs the public as to retroreflective material other than that duties in the same manner as the FRA’s intention regarding the specified in this part, to apply manufacturer. preemptive effect of the final rule. retroreflective material on a different Paragraph (b) states that any person While the presence or absence of such schedule than that specified in this part, performing any function or task a section does not conclusively establish or to inspect, or maintain retroreflective required by this part will be deemed to the preemptive effect of a final rule, it material on a more frequent basis than have consented to FRA inspection of the informs the public concerning the that specified in this part. Inference of person’s facilities and records to the statutory provisions which govern the any duties not specifically set forth in extent necessary to ensure that the preemptive effect of the rule. this part may cause the costs of the function or task is being performed in This section points out that the proposed rule to outweigh the safety accordance with the requirements of preemptive effect of this rule is benefits of the rule in direct conflict this part. This provision is intended to governed by 49 U.S.C. 20106 (‘‘section with the Congressional mandate of 49 put freight rolling stock owners, 20106’’). Section 20106 provides that all U.S.C. 20148 (requiring that FRA railroads, manufacturers, and regulations prescribed by the Secretary initiate a rulemaking proceeding contractors performing functions or relating to railroad safety preempt any prescribing regulations requiring tasks required by this part on notice that State law, regulation, or order covering enhanced visibility standards for they are consenting to FRA’s inspection the same subject matter, except a railroad cars if such regulations would for rail safety purposes of that portion provision necessary to eliminate or likely improve safety in a cost-effective of their facilities and records relevant to reduce an essentially local safety hazard manner). the function or task required by this that is not incompatible with a Federal Section 224.15 Special Approval part. Pursuant to 49 U.S.C. 20107, FRA law, regulation, or order, and that does Procedures has the statutory authority to inspect not unreasonably burden interstate any facilities and relevant records commerce. With the exception of a This section contains the procedures pertaining to the performance of provision directed at an essentially local to be followed when seeking to obtain functions or tasks required under this safety hazard that is not inconsistent FRA approval of alternative standards part, and this provision is merely with a Federal law, regulation, or order, under proposed § 224.103(e). FRA intended to make that authority clear to and that does not unreasonably burden anticipates continued technological all persons performing such tasks or interstate commerce, section 20106 will improvements and product advances in functions. preempt any State or local law or the field of reflective materials. regulatory agency rule covering the Accordingly, this section is intended to Section 224.11 Civil Penalties same subject matter as the regulation provide a relatively quick approval This section identifies the civil proposed today when issued as a final process to allow the incorporation of penalties that FRA may impose upon rule. new technology into the standards of

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this part, thereby making the technology path, (4) aid the motorist in estimating ASTM standard is required. It is less available to all car owners and railroads, the distance he or she is from the train, costly to install durable material than it while maintaining the same level of and (5) aid the motorist in estimating would be to install less durable material safety originally contemplated. FRA the speed and direction of the train’s but be required to regularly test its believes this proposed procedure will motion. FRA believes that the performance relative to a performance speed the process for taking advantage retroreflective sheeting contemplated in standard. of new technologies over that which is this subpart B, applied and inspected in Specifically, paragraph (b) requires currently available through the waiver conformance with this part, effectively that the retroreflective sheeting be process. However, in order to provide achieves these objectives. yellow as specified by the chromaticity an opportunity for all interested parties coordinates of ASTM D 4956–01. As Section 224.103 Characteristics of explained above, the human eye is more to provide input for use by FRA in its Retroreflective Sheeting decision making process, as required by sensitive to some colors than others. the Administrative Procedure Act, 5 This section sets forth the proposed This color sensitivity can vary in U.S.C. 553 et seq., (APA), FRA believes construction, color, and performance different lighting situations, making that any special approval provision standards for the retroreflective sheeting some colors more noticeable at different must, at a minimum, provide proper required by § 224.101. Paragraph (a) times of the day. Although the 1999 notice to the public of any significant states that retroreflective sheeting must Volpe Report concluded that a pattern change or action being considered by be constructed of a smooth, flat, of red-and-white reflectors was the agency with regard to the existing transparent exterior film with preferred to facilitate motorists’ regulations. microprismatic elements embedded or recognition of a hazard as a train and Paragraph (b) sets forth the suspended beneath the film so as to convey a sense of danger, FRA proposes substantive and procedural form a non-exposed retroreflective to require yellow retroreflective material requirements for petitions for special optical system. Paragraph (a) also as specified by the chromaticity approval of alternative standards. For provides that air encapsulated sheeting coordinates of ASTM D 4956–01. FRA example, paragraph (b) states that each must be sealed around all edges. FRA proposes to require yellow petition must contain (1) relevant understands that air encapsulated retroreflective material because the identification and contact information sheeting that is not sealed on all edges spectral measurement of the color of the primary person to be contacted will allow water to seep between the (approximately 550 nm) is within the with regard to the petition, (2) a detailed layers of the product. Over time, due to peak sensitivity range of the human description of the alternative proposed, the normal railroad operating visual system and accordingly, it is one and (3) sufficient data and analysis environment, this water will freeze and of the most easily detectable colors establishing that the alternative will expand, causing layers of the sheeting to under varying ambient light and other provide at least an equivalent level of peel. environmental conditions (e.g., Paragraphs (b) and (c) propose to safety and meet the requirements of darkness, fog, haze, etc.). In addition, require that the retroreflective sheeting § 224.103(e). Paragraphs (c) and (d) the color yellow minimizes the risk of meet the color and performance provide opportunity for notice and motorist confusion with the colors of requirements, except for the public comment on any petition for other roadway hazards (e.g., red and photometric requirements, of the special approval of an alternative white reflectors on trucks) and is not a American Society of Testing and color prevalent in most background standard received by FRA, and Measurements’ (ASTM) standard D paragraph (e) describes the process FRA environments. 4956–01, Standard Specification for In comments submitted to the docket, will follow in acting on any such Retroreflective Sheeting for Traffic 3M, a manufacturer of retroreflective petitions. Control. ASTM D 4956–01 has been materials, recommended the use of a Subpart B—Application, Inspection, chosen as the basis for the FRA high contrast colored corner cube and Maintenance of Retroreflective specification because FRA understands retroreflective material with a spectral Material it to be the specification that measurement within the peak sensitivty manufacturers of retroreflective sheeting range of the human visual system (e.g., Section 224.101 General Requirements are following in their current yellow/green) and fluorescent This section contains the general manufacturing process. NHTSA’s rule properties. 3M explained that the requirement that all rail freight rolling requiring reflectorization of large truck efficient corner cube retroreflective stock subject to this part be equipped trailers (49 CFR 571.108) is also based material would aid nighttime visibility with retroreflective sheeting conforming on this ASTM standard. Information and the fluorescent properties would to the requirements of this rule and that provided by several retroreflective provide additional daytime luminance. the sheeting be applied, inspected, and sheeting manufacturers indicates that Although FRA’s own research found maintained in accordance with subpart the products of most manufacturers that fluorescent yellow retroreflective B or in accordance with an alternative currently meet the performance material had the highest SIA value of all standard approved under § 224.15. This requirements of this proposed rule, and materials tested and could be detected general requirement reflects FRA’s FRA has no reason to believe that other from a further distance than any of the understanding that motorists need to be manufacturers could not meet the other materials, because the duration of given as much visual information as performance standards if there was a fluorescent pigments is substantially possible to correctly decide whether a market for the product. In addition, less than the ten-year reflector product roadway hazard (e.g., a train) exists in because FRA is requiring that guarantee, FRA is not proposing to a vehicle’s path. Specifically, devices retroreflective sheeting meet the require the use of fluorescent-colored intended to make a train conspicuous requirements of ASTM D 4956–01 only retroreflective material at this time. should: (1) Tell the motorist that as initially applied and does not However, if a fluorescent retroreflective something is there, (2) tell the motorist propose to require specific minimum material meets all of the requirements of that what he or she sees is a train, (3) reflectivity for vehicles in service, FRA this part, its use is acceptable. tell the motorist if the train is on or believes that highly durable sheeting Paragraph (c) requires that about to cross a road in the vehicle’s meeting the performance tests of the retroreflective sheeting applied in

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accordance with the rule meet all the 1 ensures that the retroreflectors will Section 224.105 Size and Location performance requirements, except for perform above the minimum detection This section proposes to make the the minimum photometric performance threshold for the average motor vehicle amount and placement of retroreflective requirements, of ASTM D 4956–01. The at approximately 97% of all crossings. sheeting required to be applied to minimum photometric performance Although the minimum photometric freight rolling stock pursuant to this part requirements (i.e., minimum SIA) of the performance requirements set forth in dependent on the size of the car or FRA standard are set forth in Table 1 of the proposal are specific to yellow locomotive, as well as the car type. A the proposed rule. The proposed values microprismatic retroreflective material, primary concern in developing the were developed to perform above the FRA recognizes that many car owners proposed standards of this part was minimum detection threshold of 45 cd/ who currently reflectorize their cars developing a retroreflective pattern that 2 fc/ft identified in the 1999 Volpe have used white microprismatic is detectable in time for an approaching Report as necessary to enable most retroreflective material. If FRA motorist to recognize a train in the grade motorists to detect a train in time to alternatively required the use of white crossing and respond appropriately in avoid a collision. Recognizing that in retroreflective material, the minimum time to avoid an accident. Another the real world railroad operating photometric performance requirements concern was the potential for motorist environment, the effective SIA of (based on a required detection distance confusion as more potential roadway retroreflective materials depends on of 500 feet) for the retroreflective hazards (particularly truck trailers) various factors (e.g., grade crossing material would be as follows: benefit from the addition of configurations and angles, ambient light reflectorization. Accordingly, conditions, vehicle headlight type and Observation angle Entrance angle recognizing that a unique, uniform lens cleanliness, weather, and the 0.2° 0.53° pattern of application is necessary to presence and working condition of facilitate recognition of rail cars and that illumination and other warning devices) ¥4° ...... 600 160 the placement of retroreflectors affects and may be reduced because of 30° ...... 350 75 their performance, this section proposes accumulated dirt and grime, the Minimum Photometric Performance (Coeffi- a specific pattern of application, striving proposed minimum photometric cient of Retroreflection (RA) in Candela/Lux/ to achieve as uniform a pattern as performance requirements take into Meter2) Requirement for White Retroreflective possible throughout the relevant fleet, account these varying factors. Sheeting. while taking into consideration the Specifically, extrapolating the test data FRA requests commenters’ views as to configurational differences between detailed in the Volpe Report out ten the desirability of using white versus various types of freight rolling stock. years, the manufacturers’ stated useful yellow retroreflective material and Although a vertical pattern of life of the material, FRA found that the further solicits comments and retroreflective material along the entire forecasted SIA levels remained well alternative suggestions to the proposed side of freight cars is proposed, FRA above the minimum detection level construction, color, and performance recognizes that the physical established in the 1999 Volpe Report. In requirements of this section. configuration of locomotives and the addition, although the primary The responsibility for compliance conspicuity issues surrounding degradation in the SIA of the material with the construction, color, and locomotives are different. Accordingly, occurs during the first two years as a performance requirements of the in paragraph (b) of this section, FRA result of ultraviolet light exposure, after retroreflective sheeting used to comply proposes a more flexible approach to the which the material maintains a with this rule would rest upon the reflectorization of locomotives. relatively consistent intensity manufacturers of the sheeting. Thus, As discussed earlier in the preamble, throughout its useful life, FRA manufacturers who are providing the general consensus of research forecasted SIA degradation of the retroreflective sheeting to the railroad pertaining to retroreflective materials is material due to dirt and grime industry would have to certify that retroreflective materials can accumulation exponentially. As a result, compliance with § 224.103. Paragraph increase the conspicuity of objects to FRA’s analysis substantially (d) sets forth this certification which they are attached. FRA, however, overestimates the degradation rate of the requirement and would require that the found little existing research that material and even with this characters ‘‘FRA–224’’ be permanently suggested how retroreflective materials overestimation, the expected SIA values stamped, etched, molded, or printed, in should be displayed on rail cars to remain well above the minimum characters at least 3 mm high, with each maximize the conspicuity of the cars for detection level identified in the 1999 set of characters spaced no more than approaching motorists. Early studies Volpe Report. four inches apart, on each piece of suggested that massed applications Table 1 specifies the minimum retroreflective sheeting manufactured. (concentrating retroreflective material in photometric performance requirement Although, the proposed rule generally one or two locations) were more (i.e., minimum required SIA) for yellow requires application of retroreflective effective than those applications that retroreflective material at observation sheeting meeting the specific were distributed over a wider area. More angles of 0.2° and 0.5° and light construction, color, and performance recent studies assessing the entrance angles of ¥4° and 30° based on requirements of § 224.103(a) through (c), effectiveness of retroreflective markings ASTM D 4956–01. FRA’s Grade paragraph (e) of this section recognizes on trucks used the newer prismatic Crossing Inventory identifies crossings that under § 224.15, freight rolling stock materials and concluded that providing into three categories of crossing angles: owners and railroads may request FRA a design that outlined the shape of the 60–90°, 30–59°, and 0–29°. approval to use alternative standards. vehicle increases conspicuity. Approximately 80% of all crossings As discussed in the analysis of § 224.15 The recommendation to use an have crossing angles between 60 and above, any alternative standard utilized outline shape was based in part on the 90°, almost 17% have crossing angles must result in an equivalent level of need of a motorist to estimate closing between 30 and 59°, and only 4% have safety as the sheeting described in distance when following behind a truck. crossing angles less than 30°. 224.103(a) through (c) applied in However, motorists’ interaction with Accordingly, the requirements of Table accordance with the rule. trains is different from trucks. Because

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trucks are shorter in length and pass strips of sheeting to be located as close retroreflective material, this through an intersection more quickly to each end of the car as practicable and configuration assumed that the material than the average train, the motorist may at equidistant intervals of not more than would be periodically washed. Volpe only need to slow his or her vehicle to 10 feet. This pattern is intended to alert found that periodic washing of the avoid a collision instead of stopping an approaching motorist to the retroreflectors could recover the prior to reaching the intersection. approximate dimensions of the hazard intensity of the prismatic material to Conversely, because the average train is (the freight car) in his or her path. In nearly original levels. However, because longer than the average truck, it spends addition, because roadway lanes in the of practical concerns expressed by many a greater amount of time in the United States are typically 10 to 12 feet members of the railroad industry (e.g., intersection. For a motorist approaching wide, applying strips of retroreflective increased labor costs, environmental a grade crossing, the greater amount of sheeting at least every ten feet along the wastewater and water usage issues), time the train spends in the intersection sides of freight cars, increases the FRA does not propose to require the means the more likely the motorist will likelihood of at least one reflector being periodic cleaning of the retroreflective need to stop at the intersection in order in the sight path of an approaching sheeting. Instead, in order to to avoid a collision. motorist. compensate for the lack of cleaning, FRA’s own research concluded that A vertically oriented pattern, as FRA is proposing to require either a pattern that outlined the shape opposed to an outline pattern, is approximately one additional square of the railroad equipment, or a proposed because it contrasts with the foot of material on each side of freight vertically-oriented pattern that spaced horizontally oriented pattern of the rolling stock, thereby lowering the level retroreflective material uniformly over a retroreflective pattern required for truck of luminance needed. large area of the equipments’ side, was trailers, thereby reducing the likelihood most effective. Based on the results of that motorists will confuse a train in a Paragraph (a) of this section generally studies investigating truck grade crossing with a truck trailer. In explains that the amount of reflectorization, the specific findings of addition, because not all approaches to retroreflective sheeting required to be FRA’s targeted research, as well as input grade crossings are level, to the extent applied to freight cars under this part is from the railroad industry and that a motor vehicle’s headlights are dependent on the length of the car, manufacturers of retroreflective aimed away from the retroreflective measured from endsill to endsill, material, FRA is proposing in this material, less light will reach the exclusive of the draft gear. Paragraph section what it believes to be the retroreflective material if it is applied (a)(1) proposes to require that on freight optimum placement patterns of horizontally and therefore less light will cars other than tank cars and flat cars, retroreflective material on freight rolling be returned to the driver and a train in retroreflective sheeting be applied stock. The proposed placement patterns a crossing will be more difficult to vertically in 4x36 inch and 4x18 inch in this section are designed to maximize detect. Orienting the retroreflective strips along the car sides, with the the effectiveness of the material, allow material vertically increases the bottom edge of each strip no lower than retroreflectorization of a variety of likelihood that the maximum available 42 inches above the top of the rail. freight car types with the same generally light from vehicle headlights will enter Further, this paragraph proposes to recognizable pattern, and also minimize the retroreflective material and be require that either a minimum of one the degradation rate of the material. In returned to the motorist when the road 4x36 inch (one square foot) strip of addition, other practical advantages to a grade is not level. retroreflective material or two 4x18 inch standardized reflectorization pattern This section also proposes to require strips, directly above each other, be include the potential for volume four square feet of retroreflective applied vertically as close to each end discounts on the costs of materials and material on each side of the typical 50- of the car as practicable and that a minimizing labor costs by standardizing foot freight car and provides that freight minimum of one 4x18 inch strip be the repair and installation of the cars longer than 50 feet would require applied vertically at intervals of no material. one additional foot of material for each more than every 10 feet between each This section proposes a vertical additional ten feet in length. Although end (i.e., for a typical 60 foot freight car, pattern of retroreflective sheeting on the the optimum configuration of at 10 feet, 20 feet, 30 feet, 40 feet, and sides of freight cars, where the physical retroreflectors identified in the 1999 50 feet). See Figure 1. configuration of the car allows, with Volpe Report, required slightly less BILLING CODE 4910–06–P

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BILLING CODE 4910–06–C centered on the horizontal centerline of end of the tank. The intent of this Although paragraphs (a)(2) and (3) the tank, the sheeting may be applied configuration is that the retroreflective follow this same basic pattern, FRA has vertically with its top edge no lower sheeting will be centered, as practicable, attempted to account for the than 70″ above the top of the rail. See on the outermost curved area of the configurational differences between Figure 2(a). Similar to the pattern tank, thereby reflecting the most light. various types of freight cars. Paragraph proposed in paragraph (a)(1), paragraph FRA recognizes that the material (a)(2) addresses tank cars specifically, (a)(2) requires a minimum of one 4x36 applied underneath the centerline of the while paragraph (a)(3) addresses flat inch (one square foot) strip of tank may reflect a certain amount of cars. Paragraph (a)(2) proposes to retroreflective material or two 4x18 inch light downward and not directly back to require that on tank cars, retroreflective strips, directly above each other, be the motorist and that illumination from sheeting be applied vertically along the applied vertically as close to each end a vehicle’s headlights may not even car sides and centered on the horizontal of the tank as practicable and that a reach some of the material applied centerline of the tank, or as near as minimum of one 4x18 inch strip be practicable. See Figure 2. If it is not applied vertically at intervals of no above the centerline. practicable to safely apply the sheeting more than every 10 feet between each BILLING CODE 4910–06–P

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BILLING CODE 4910–06–C

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Recognizing the limited surface area for other freight cars, paragraph (a)(3) between 4 and 18 inches in height, if of the sides of a typical flat car, requires that a minimum of one 4x18 vertical application of 4x18 inch strips paragraph (a)(3) proposes to require a inch strip be applied to the sides of flat is not feasible, paragraph (a)(3) allows minimum of two 4x18 inch strips, one cars vertically at intervals of no more retroreflective sheeting on flat cars to be next to the other, be applied vertically than every ten feet (i.e., at 10 feet, 20 applied vertically in three 4x6 inch as close to each end of the car as feet, 30 feet, 40 feet, etc.), with the strips placed directly next to each other, practicable, with the bottom edge of bottom edges of each strip no lower than or placed horizontally along the side each strip no lower than 30 inches 42 inches above the top of the rail, as sills of the cars. above the top of the rail, as practicable. practicable. See Figure 3. Because the BILLING CODE 4910–06–P Consistent with the application pattern surface area of a typical flat car is

BILLING CODE 4910–06–C some cases, locomotives are painted • A locomotive is embedded in the Paragraph (a)(4) recognizes that not all brighter colors than freight cars; and consist providing ‘‘distributed power’’ freight cars will fit the standard locomotives owned by major railroads or is in ‘‘helper service’’ pushing from configuration contemplated in and used in road service are cleaned on the rear. paragraphs (a)(1) through (a)(3). FRA a more frequent basis. Often, company • During switching operations, the estimates that the patterns proposed for logos are displayed on the sides of locomotive is pushing the train. typical freight cars, tank cars, and flat locomotives in fluorescent or reflective Inclusion of locomotives in this cars would be impractical to apply to materials and locomotives have a light program is further warranted by their approximately 1% of the fleet (e.g., source attached at the front and sides. high utilization. While many freight cars schnabel cars, etc.) due to their unique However, in other cases, locomotives sit idle for days or weeks at a time, physical configurations. Accordingly, are painted in dark colors or are not locomotives are generally used on a this paragraph proposes a more flexible repainted for several years, resulting in daily basis. Investments in improved application pattern for these ‘‘cars of a very dark appearance. conspicuity of locomotives should be special construction.’’ Specifically, FRA believes that some pattern of amortized through safety benefits even based on the length of a ‘‘car of special retroreflective material recognizable to more quickly than would be the case construction,’’ this paragraph specifies motorists is necessary to facilitate with freight cars. the required amount of retroreflective Although requiring the same amount motorists’ recognition of locomotives in material and requires that the pattern of of retroreflective material on grade crossings. Most major railroads application for these cars conform as locomotives as comparably sized freight have already instituted programs to close as practicable to the standard cars, paragraph (b) does not propose to accomplish this. Application of patterns proposed in paragraphs (a)(1) mandate a specific pattern. Instead, this retroreflective material to locomotives through (a)(3). paragraph proposes to allow any pattern will enhance conspicuity under the Paragraph (b) contains the proposed that divides the amount of following scenarios: requirements for the reflectorization of retroreflective sheeting equally between • locomotives. The conspicuity issues Several locomotives are coupled in both sides of a locomotive and is surrounding locomotives differ from the a multiple-unit consist pulling a train applied in a ‘‘pattern recognizable to issues surrounding freight cars in many and the motorists’ first view of the motorists,’’ even a horizontal pattern respects. First, the physical crossing occurs when the first along the sill or side walkway of a configuration of locomotives is locomotive is already on the crossing. locomotive. obviously quite different from the • The train is stopped with one or Although FRA believes that the configuration of most freight cars. In more locomotives on the crossing. patterns of application proposed in this

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§ 224.105 represent the optimum Paragraph (a)(2)(i)(B) also provides that Implementation Plan anticipated by this configuration of retroreflective material the application of retroreflective section. on freight rolling stock, FRA solicits sheeting to a freight car may be deferred If a freight car owner elects the comments as to the feasibility and until the second single car air brake test, procedures of paragraph (a)(2)(ii) and efficiency of these patterns and any if it is more practicable to apply the submits a Fleet Reflectorization recommendations for alternative sheeting at that time. By allowing the Implementation Plan to FRA, the owner patterns of application. flexibilty to defer application of the is thereafter responsible for compliance sheeting until the second single car air with the plan. In keeping with the Section 224.107 Application of requirements of the Paperwork Retroreflective Sheeting brake test, FRA recognizes that conditions at the time of the first single Reduction Act and the Government This section proposes to require that car air brake test may make it Paperwork Elimination Act, FRA all freight cars subject to this part be impractical to apply retroreflective anticipates providing car owners with equipped with retroreflective sheeting sheeting at that time. the option of submitting this plan (and conforming to this part within ten years FRA understands that most rail cars any required updates) to FRA of the effective date of the final rule, and are repainted, on average, every seven electronically. If upon completion of the similarly, that all locomotives subject to years and undergo a major overhaul or initial 24-month period an owner fails this part be equipped within five years. rebuild every ten years, depending upon to reflectorize at least 20% of the freight Recognizing the voluntary efforts by mileage and condition. Similarly, the car fleet, or if after any subsequent 12- many freight rolling stock owners who single car air brake test is required every month period an owner fails to have already begun reflectorizing their eight years for new cars and every five reflectorize at least an additional 10% of fleets and the practical differences years for other cars. See 49 CFR the total fleet, the owner must notify involved in applying reflective materials 232.305(c), (d). Accordingly, FRA FRA’s Associate Administrator of such to freight rolling stock already in use believes that the schedule set forth in a failure. Thereafter, the owner will be versus newly manufactured stock, FRA paragraph (a)(2)(i), providing for required to comply with the schedule has attempted to devise a schedule for application of the retroreflective set forth in paragraph (a)(2)(i), the the application of retroreflective sheeting when cars are out of service for percentage requirements of paragraph material which assures the most regularly scheduled maintenance, will (a)(2)(ii) will continue to apply, and the efficient and cost-effective allow the entire U.S. fleet of freight cars fleet owner must take any additional implementation of the rule. Generally, action necessary to bring cars under his to be reflectorized well within the ten FRA proposes that retroreflective ownership or control into compliance. year implementation period and will sheeting be applied to new freight Existing cars already equipped with rolling stock at the time of construction not require cars to incur any additional retroreflective sheeting as of publication and to existing stock when such stock downtime outside of the normal date of final rule: Recognizing the is being repainted, rebuilt, or maintenance cycle for the purpose of voluntary efforts already underway by undergoing other periodic maintenance. reflectorization. many railroads and car owners to As an alternative to this schedule, FRA Although FRA believes the schedule reflectorize their freight car fleets, is also proposing the more flexible set forth in § 224.107(a)(2)(i) is the most paragraph (a)(3) of this section approach of allowing freight car owners cost-effective and efficient method of addresses existing freight cars that, as of to designate, in individualized reflectorizing freight cars, paragraph the publication date of the final rule, are reflectorization implementation plans, a (a)(2)(ii) recognizes that some freight car already equipped with retroreflective schedule for the reflectorization of their owners may prefer to develop their own material. FRA understands that freight car fleets. schedule for reflectorization. Paragraph approximately 25% of the domestically- (a)(2)(ii) provides that a freight car owned freight car fleet is already Railroad Freight Cars owner may elect not to follow paragraph equipped with some type of reflective Newly constructed cars: Paragraph (a)(2)(i)’s schedule, if within 60 days of material. However, many of the color (a)(1) requires that retroreflective the effective date of the final rule, the schemes, the levels of reflectivity of the sheeting conforming to the rule be owner submits to FRA a Fleet material, and the per car amount of applied to cars manufactured after the Reflectorization Implementation Plan. material in use, differ from the effective date of the final rule at the time This plan must set forth the car numbers standards proposed in this rule. If car of construction. constituting the fleet subject to this part owners are required to replace the Existing cars without retroreflective and indicate when the identified cars retroreflective materials that they sheeting: As applied to cars that, as of will be reflectorized. The plan must also voluntarily installed to improve safety, the date of publication of the final rule, contain an affirmation that at least 20% it would have the effect of penalizing are not equipped with at least one of the total fleet will be equipped with owners that demonstrated an extra level square foot of retroreflective sheeting on retroreflective sheeting conforming to of safety consciousness. This would each side, paragraph (a)(2) generally this part within 24 months after the have the unintended effect of requires the application of effective date of the final rule and that discouraging car owners from exploring retroreflective sheeting to the cars as not less than an additional ten percent innovative approaches to improving they are repainted, rebuilt, or taken out of the total fleet will be completed each safety. With this in mind, FRA is of service for other scheduled 12-month period thereafter for the proposing that freight cars equipped maintenance and/or inspections. duration of the 10-year implementation with at least one square foot of Specifically, paragraph (a)(2)(i) requires period. Absent identification of a car in retroreflective material, uniformly that conforming retroreflective sheeting a Fleet Reflectorization Implementation distributed over the length of each car be applied to existing freight cars when, Plan, retroreflective sheeting side, will be considered in compliance after the effective date of the final rule, conforming to this part will be applied with this part for ten years from the either (1) the car is repainted or rebuilt, to that car at the time of its first single effective date of the final rule, provided or (2) the car first undergoes a single car car air brake test after the effective date that the sheeting is not engineering air brake test required under 49 CFR of the final rule. See Appendix B for the grade, super engineering grade 232.305, whichever occurs first. standard form Fleet Reflectorization (enclosed lens), or glass bead

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encapsulated type sheeting. FRA retroreflective sheeting conforming to this part for a period of 5 years from the intends to exclude all engineering grade the rule be applied to locomotives effective date of the final rule, provided and glass bead encapsulated type manufactured after the effective date of that the sheeting is not engineering retroreflective sheeting because such the final rule at the time of construction. grade, super engineering grade sheeting does not meet the minimum Existing locomotives without (enclosed lens), or glass bead photometric performance requirements retroreflective sheeting: As applied to encapsulated type sheeting. Again, FRA of § 224.103. Accordingly, freight cars locomotives that, as of the date of proposes to exclude all engineering already equipped with engineering publication of the final rule, are not grade and glass bead encapsulated type grade, super engineering grade, or glass equipped with at least one square foot retroreflective sheeting because such bead encapsulated type retroreflective of retroreflective sheeting on each side, materials do not meet the minimum sheeting, or any other reflective material paragraph (b)(2) generally requires the photometric requirements of the rule. that is not retroreflective, must be application of retroreflective sheeting to Locomotives already equipped with brought into compliance with this part the locomotives not later than the first engineering grade, super engineering in accordance with § 224.107(a)(2). FRA biennial inspection performed pursuant grade, or glass bead encapsulated type proposes a minimum requirement of to 49 CFR 229.29 occurring after the retroreflective sheeting, or any other one square foot of retroreflective effective date of the final rule. Again, reflective material that is not sheeting per car side under this section FRA’s proposal to install the retroreflective, must be brought into because based on the information retroreflective sheeting on a locomotive compliance with this part in accordance provided to FRA to date, it appears that while the locomotive is already out of with § 224.107(b)(2). Similar to one square foot per side is the minimum service for the required biennial § 224.107(a)(3) addressing freight cars, amount currently utilized in existing inspection ensures that reflectorization in order for previously equipped voluntary reflectorization programs. of the entire locomotive fleet can be locomotives to be considered in In order for previously equipped cars completed well within the 5 years compliance pursuant to this part, the to be considered in compliance contemplated by this proposal without locomotive owner must, within 60 days pursuant to this section, a car owner incurring any additional out of service of the effective date of the final rule, file must, within 60 days of the effective time for the locomotives. with FRA a Fleet Reflectorization date of the final rule, file a Fleet Existing locomotives already Implementation Plan identifying by Reflectorization Implementation Plan equipped with retroreflective sheeting as locomotive reporting marks the with FRA identifying by car numbers of publication date of final rule: Again, locomotives in the fleet already the freight cars in the fleet already recognizing the voluntary equipped with complying retroreflective equipped with complying retroreflective reflectorization efforts already sheeting and providing a description of sheeting and providing a description of underway by many freight rolling stock the technical specifications of the the technical specifications of the owners, paragraph (b)(3) addresses retroreflective material already applied retroreflective material already applied existing locomotives that, as of the (e.g., color of material, type of material, (e.g., color of material, type of material, publication date of the final rule, are amount and placement pattern of amount and placement pattern of already equipped with retroreflective material on each side of locomotives). material on each side of car). See material. Specifically, paragraph (b)(3) See Appendix B. Appendix B. provides that locomotives equipped For ease in understanding the with at least one square foot of requirements of this section, the Locomotives retroreflective sheeting, uniformly following table summarizes the Newly constructed locomotives: distributed over the length of each side, schedules of application proposed in Paragraph (b)(1) requires that will be considered in compliance with this section.

New Freight Cars: At time of construction Locomotives: At time of construction

Existing stock without retroreflective sheeting. Earliest of: (a) when car is repainted, or re- No later than first biennial inspection per- built, or (b) when car first undergoes single formed per 49 CFR 229.29. car air brake test under 49 CFR 232.305, OR In accordance with Individual Reflectorization Plan filed with FRA per § 224.107(a)(2)(ii). Existing stock with retroreflective sheeting (not 10 years from date of final rule’s publication. 5 years from date of final rule’s publication. ASTM D 4956–01 Types I, II, or III).

Section 224.109 Inspection and required under 49 CFR 232.305. end strip (or two 4x18 inch strips) of Replacement Likewise, paragraph (b) requires that retroreflective sheeting is missing from retroreflective sheeting on locomotives one side of a typical 50 or 60 foot freight This section sets forth the proposed subject to this part be visually inspected car, that sheeting must be replaced. requirements for the periodic inspection for presence and condition whenever Section 224.111 Renewal and replacement of damaged the locomotive receives the annual retroreflective material on freight rolling inspection required under 49 CFR This section proposes to require that stock. Although FRA is not proposing 229.27. Upon inspection, if more than all retroreflective sheeting required any specific maintenance requirements, 20 percent of the amount of sheeting under this part be replaced with new paragraph (a) requires that required on either side of the car or conforming sheeting, regardless of its retroreflective sheeting on freight cars locomotive under § 224.105 is damaged, condition, no later than ten years after subject to this part be visually inspected obscured, or missing, that damaged, the date of initial installation. This for presence and condition whenever a obscured, or missing sheeting must be section is based on the manufacturers’ car undergoes a single car air brake test replaced. In other words, if a 4x36 inch stated useful life of retroreflective

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material. FRA, however, will monitor Regulatory Impact and Notices number of accidents expected absent reflectorization. The FRA employed the retroreflective qualities of various A. Executive Order 12866 and DOT three completely separate approaches to fleet segments over time and may Regulatory Policies and Procedures extend the ten year interval if the estimation of benefits utilizing data warranted. This proposed rule has been from FRA’s highway-rail grade crossing evaluated in accordance with existing accident/incident reports (Form F Appendix A—Schedule of Civil policies and procedures, and 6180.57) from 1998–2001. In each Penalties determined to be non-significant under method of benefits estimation, in order both Executive Order 12866 and DOT to ensure a realistic estimate, FRA took This appendix is being reserved until policies and procedures (44 FR 11034; into account various factors that could the final rule. At that time it will Feb. 26, 1979). FRA has prepared and influence the effectiveness of the include a schedule of civil penalties to placed in the docket a regulatory retroreflective material (e.g., active be used in connection with this part. evaluation addressing the economic versus passive grade crossings, clear Because such penalty schedules are impact of this rule. Document versus cloudy weather conditions, dark statements of policy, notice and inspection and copying facilities are versus illuminated crossings). FRA comment are not required prior to their available at 1120 Vermont Avenue, accounted for these factors by issuance. See 5 U.S.C. 553(b)(3)(A). NW., 7th Floor, Washington, DC 20590. developing ‘‘effectiveness rates’’ which Nevertheless, commenters are invited to Photocopies may also be obtained by varied depending on the circumstances submit suggestions to FRA describing submitting a written request to the FRA of reported Category 1 RIT accidents. the types of actions or omissions under Docket Clerk at the Office of Chief For example, the highest effectiveness each regulatory section that would Counsel, Federal Railroad rate employed was 60% for accidents subject a person to the assessment of a Administration, 1120 Vermont Avenue, where motor vehicles ran into the sides civil penalty. Commenters are also NW., Washington, DC 20590. Access to of trains at night at unlighted, passive the docket may also be obtained invited to recommend what penalties crossings, while the lowest effectiveness electronically through the Web site for may be appropriate, based upon the rate employed was 15% for accidents the DOT Docket Management System at where motor vehicles ran into the sides relative seriousness of each type of http://dms.dot.gov. FRA invites violation. of trains at night at lighted crossings comments on this regulatory evaluation. equipped with active warning devices The life expectancy of the proposed G. Public Participation (i.e., flashing lights or gates). reflective material is 10 years, therefore, When conducting a rulemaking, FRA the potential costs and benefits are Each approach appears to be must follow the APA. The APA calculated for a ten-year period. Because reasonable, and the FRA suggests that generally requires that FRA allow all most of the costs of the rule for a single together they provide a good idea of the interested parties to review and car occur in the year material is applied order of magnitude of benefits likely to result from a rule requiring the comment on any proposed rule. Thus, while benefits are spread over reflectorization of rail freight by this notice, FRA is providing the subsequent years, and because the equipment. The first approach public an opportunity to study the benefits are discounted to present value, use of this limitation on the study employed the Delphi methodology proposed rule and comment on it. Based based on the opinions of FRA’s grade on comments provided in response to period is a very conservative approach. If a twenty-year period were used, the crossing experts. The discounted total this notice, FRA will, after the close of benefits would substantially increase ten-year benefit equals $87,517,527.50. the comment period, determine what relative to the costs. The total cost of Using the signal detection model, which action to take. reflectorizing locomotives, $194,512.08 is based on signal detection theory, the The Docket Management Facility (NPV), added to the cost of accident reduction potential of placing maintains the public docket for this reflectorizing rail cars, $48,671,710.63 reflectors on rail cars is estimated, once rulemaking. Comments and documents (NPV) equals the total costs of discounted, to equal a total ten-year as indicated in this preamble will $48,866,222.71 (NPV). benefit of $69,304,986.61. Using results become a part of this docket and will be Benefits of increased rail car visibility from a NHTSA report evaluating truck available for inspection or copying at are measured in terms of grade crossing reflector effectiveness, the average Room PL–401 on the Plaza Level of the accidents averted. Safety benefits were benefit estimates are approximately Nassif Building at the same address calculated in terms of the decline in the $101 million. The following chart during regular business hours. You may probability of accidents. The magnitude summarizes the three different benefit also obtain access to this docket on the of the reduction in the probability of estimation techniques, unique subsets of accidents as a result of rail car the accident pool utilized, resulting Internet at http://dms.dot.gov. reflectorization depends on the values of collisions, and the resulting effectiveness of reflectors and the net present value of estimated benefits.

REFLECTORIZATION BENEFIT ESTIMATION TECHNIQUES

Alternative Approaches ...... Grade Crossing Experts ...... Signal Detection Model ...... NHTSA Technical Report.2 Methodology ...... Delphi Method ...... Risk and Uncertainty Analysis ...... Truck Reflector Effectiveness Rates. Subset of RIT accident pool 67.89 accidents (271.55 acci- 53.76 accidents (768 accidents/4 93.68, 76, 47.72 accidents (707 (1998–2001 data: 768 accidents, dents/4 years × various sce- years × effectiveness rate of accidents/4 years. (176.75) × 84 fatalities, 347 injuries). nario effectiveness rates). 28%). various effectiveness rates of 53%, 43%, and 27%). Value of accident ...... $412,829 ...... $412,829 ...... $442,738.

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REFLECTORIZATION BENEFIT ESTIMATION TECHNIQUES—Continued Total Benefits (NPV) ...... $87,517,527.50 ...... $69,304,986.61 ...... $101,411,947.44 (AVG). 2 ‘‘The Effectiveness of Retroreflective Tape on Heavy Trailers,’’ National Highway Traffic Safety Administration (NHTSA) Technical Report, DOT HS 809 22, March 2001.

Estimated ten-year discounted of complying with the proposed will be affected disproportionately. The benefits range from a low of $69 million requirements. level of costs incurred by each based on the Signal Detection Model, to organization should vary in proportion B. Regulatory Flexibility Act of 1980 and a high of more than $101 million to car ownership. Executive Order 13272 (NHTSA’s truck reflectorization follow- Passenger railroads are excepted from up study), with FRA subjective analysis The Regulatory Flexibility Act of 1980 the proposed rule. Visibility conditions coming in between at $87 million. (5 U.S.C. 601–612) requires an for passenger rail cars are different than While there is certainly a broad range in assessment of the impacts of proposed freight rail cars. FRA solicits comments these estimates, the fact that they are as rules on small entities. FRA has to identify the impacts of these close as they are, given the vastly conducted a regulatory flexibility provisions to the extent that those different approaches taken, gives FRA assessment of this rule’s impact on affected by such provisions are small confidence that together they represent small entities, and the assessment has entities. a reasonable indicator of the magnitude been placed in the public docket for this C. Paperwork Reduction Act of 1995 of benefits achievable for the rulemaking. This proposed rule affects reflectorization of railroad freight railroad freight car and locomotive The information collection equipment. FRA believes that owners and may affect other entities as requirements in this proposed rule have reflectorization of rail freight rolling well. been submitted for approval to the stock is a feasible method of enhancing Entities impacted by the proposed Office of Management and Budget rail car visibility, that will likely rule are companies and railroads that (OMB) under the Paperwork Reduction improve safety in a cost effective own freight cars and locomotives. Many Act of 1995, 44 U.S.C. 3501 et seq. The manner. FRA expects that the measures companies that own freight cars are sections that contain the new called for in this proposal would subsidiaries of larger companies that are information collection requirements and prevent or mitigate the severity of not considered small businesses. FRA the estimated time to fulfill each casualties greater in value than the costs does not expect that smaller railroads requirement are as follows:

Respondent uni- Total annual re- Average time per Total annual burden Total annual burden CFR section—49 CFR verse sponses response hours cost

224.7—Waivers ...... 289 Car Owners .... 20 petitions ...... 1 hour ...... 20 hours ...... $700 224.15—Special Approval Pro- cedures: —Petitions For Special Ap- 289 Car Owners .... 10 petitions ...... 40 hours ...... 400 hours ...... $19,040 proval. —Public Comments ...... Public/Railroads ..... None ...... NA ...... NA ...... NA —Written Request For Interested Parties .. None ...... N/A ...... N/A ...... N/A Hearing. 224.103—Characteristics of Retroreflective Sheeting: —Certification ...... 4 Manufacturer ...... NA ...... NA ...... NA ...... NA —Alternative Standards ...... 289 Car Owners .... Cov. Under 224.15 Cov. Under 224.15 Cov. Under 224.15 Cov. Under 224.15 224.107—Application of 289 Car Owners .... 140 plans/forms ..... 28 hours ...... 3,920 hours ...... $137,200 Retroreflective Sheeting: —Reports of Failure Meet 289 Car Owners .... 15 reports ...... 16 Hours ...... 240 hours ...... $8,400 Percentage requirements. —Existing Cars with 289 Car Owners .... Cov. Above ...... Cov. Above ...... Cov. Above ...... Cov. Above. Retroreflective Sheet- ing—Forms. 224.109—Inspection and Re- 289 Car Owners .... 2 records ...... 3 minutes ...... 10 hour ...... $5 placements: Locomotives— Records of Restriction.

All estimates include the time for accuracy of FRA’s estimates of the package submitted to OMB, contact Mr. reviewing instructions; searching burden of the information collection Robert Brogan, Information Clearance existing data sources; gathering or requirements; the quality, utility, and Officer, at 202–493–6292. maintaining the needed data; and clarity of the information to be Organizations and individuals reviewing the information. Pursuant to collected; and whether the burden of desiring to submit comments on the 44 U.S.C. 3506(c)(2)(B), FRA solicits collection of information on those who collection of information requirements comments concerning: whether these are to respond, including through the should direct them to Mr. Robert information collection requirements are use of automated collection techniques Brogan, Federal Railroad Administration, 1120 Vermont Avenue, necessary for the proper performance of or other forms of information NW, Mail Stop 17, Washington, DC the functions of FRA, including whether technology, may be minimized. For 20590. Comments may also be the information has practical utility; the information or a copy of the paperwork submitted via e-mail to Mr. Brogan at

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the following address: (c) Actions categorically excluded. Certain promulgation of a final rule or [email protected]. classes of FRA actions have been determined regulation, including notices of inquiry, OMB is required to make a decision to be categorically excluded from the advance notices of proposed concerning the collection of information requirements of these Procedures as they do not individually or cumulatively have a rulemaking, and notices of proposed requirements contained in this proposed significant effect on the human environment. rulemaking: (1)(i) That is a significant rule between 30 and 60 days after * * * The following classes of FRA actions regulatory action under Executive Order publication of this document in the are categorically excluded: 12866 or any successor order, and (ii) Federal Register. Therefore, a comment * * * * * that is likely to have a significant to OMB is best assured of having its full (20) Promulgation of railroad safety rules adverse effect on the supply, effect if OMB receives it within 30 days and policy statements that do not result in distribution, or use of energy; or (2) that of publication. The final rule will significantly increased emissions of air or is designated by the Administrator of respond to any OMB or public water pollutants or noise or increased traffic the Office of Information and Regulatory comments on the information collection congestion in any mode of transportation. Affairs as a significant energy action. requirements contained in this proposal. In accordance with section 4(c) and FRA has evaluated this NPRM in FRA is not authorized to impose a (e) of FRA’s Procedures, the agency has accordance with Executive Order 13211. penalty on persons for violating further concluded that no extraordinary FRA has determined that this NPRM is information collection requirements circumstances exist with respect to this not likely to have a significant adverse which do not display a current OMB regulation that might trigger the need for effect on the supply, distribution, or use control number, if required. FRA a more detailed environmental review. of energy. Consequently, FRA has intends to obtain current OMB control As a result, FRA finds that this determined that this regulatory action is numbers for any new information regulation is not a major Federal action not a ‘‘significant energy action’’ within collection requirements resulting from significantly affecting the quality of the the meaning of Executive Order 13211. this rulemaking action prior to the human environment. effective date of a final rule. The OMB H. Privacy Act F. Unfunded Mandates Reform Act of control number, when assigned, will be Anyone is able to search the 1995 announced by separate notice in the electronic form of all comments Federal Register. Pursuant to Section 201 of the received into any of our dockets by the D. Federalism Implications Unfunded Mandates Reform Act of 1995 name of the individual submitting the (Pub. L. 104–4, 2 U.S.C. 1531), each comment (or signing the comment, if Executive Order 13132, entitled Federal agency ‘‘shall, unless otherwise submitted on behalf of an association, ‘‘Federalism,’’ issued on August 4, 1999, prohibited by law, assess the effects of business, labor union, etc.). You may requires that each agency ‘‘in a Federal regulatory actions on State, review DOT’s complete Privacy Act separately identified portion of the local, and tribal governments, and the Statement in the Federal Register preamble to the regulation as it is to be private sector (other than to the extent published on April 11, 2000 (Volume issued in the Federal Register, provide that such regulations incorporate 65, Number 70; Pages 19477–78) or you to the Director of the Office of requirements specifically set forth in may visit http://dms.dot.gov. Management and Budget a federalism law).’’ Section 202 of the Act (2 U.S.C. summary impact statement, which 1532) further requires that ‘‘before List of Subjects consists of a description of the extent of promulgating any general notice of Incorporation by reference, Penalties, the agency’s prior consultation with proposed rulemaking that is likely to Railroad locomotive safety, Railroad State and local officials, a summary of result in the promulgation of any rule safety, and Reporting and recordkeeping the nature of their concerns and the that includes any Federal mandate that requirements. agency’s position supporting the need to may result in the expenditure by State, issue the regulation, and a statement of local, and tribal governments, in the The Proposed Rule the extent to which the concerns of aggregate, or by the private sector, of In consideration of the foregoing, FRA State and local officials have been met.’’ $100,000,000 or more (adjusted proposes to amend chapter II, Subtitle FRA will adhere to Executive Order annually for inflation) in any 1 year, and B, of title 49, Code of Federal 13132 when issuing a final rule in this before promulgating any final rule for Regulations to add part 224 as follows: proceeding. which a general notice of proposed PART 224—REFLECTORIZATION OF E. Environmental Impact rulemaking was published, the agency shall prepare a written statement’’ RAIL FREIGHT ROLLING STOCK FRA has evaluated this rule in detailing the effect on State, local, and Subpart A—General accordance with its ‘‘Procedures for tribal governments and the private Considering Environmental Impacts’’ sector. This proposed rule will not Sec. 224.1 Purpose and scope. (FRA’s Procedures) (64 FR 28545, May result in the expenditure, in the 26, 1999) as required by the National 222.3 Applicability. aggregate, of $100,000,000 or more in 224.5 Definitions. Environmental Policy Act (42 U.S.C. any one year, and thus preparation of 224.7 Waivers. 4321 et seq.), other environmental such a statement is not required. 224.9 Responsibility for compliance. statutes, Executive Orders, and related 224.11 Civil penalties. regulatory requirements. FRA has G. Energy Impact 224.13 Preemptive effect. determined that this regulation is not a Executive Order 13211 requires 224.15 Special approval procedures. major FRA action (requiring the Federal agencies to prepare a Statement Subpart B—Application, Inspection, and preparation of an environmental impact of Energy Effects for any ‘‘significant Maintenance of Retroreflective Material statement or environmental assessment) energy action.’’ 66 FR 28355, May 22, 224.101 General requirements. because it is categorically excluded from 2001. Under the Executive Order, a 224.103 Characteristics of retroreflective detailed environmental review pursuant ‘‘significant energy action’’ is defined as sheeting. to section 4(c)(20) of FRA’s Procedures. any action by an agency (normally 224.105 Size and location. 64 FR 28547, May 26, 1999. Section published in the Federal Register) that 224.107 Application of retroreflective 4(c)(20) reads as follows: promulgates or is expected to lead to the sheeting.

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224.109 Inspection and replacement. § 224.5 Definitions. § 224.7 Waivers. 224.111 Renewal. As used in this part— (a) Any person subject to a Appendix A to Part 224—Schedule of Civil Administrator means the requirement of this part may petition Penalties [Reserved] Administrator of the Federal Railroad Appendix B to Part 224—Form Fleet the Administrator for a waiver of Reflectorization Implementation Plan Administration or the Administrator’s compliance with such requirement. The delegate. filing of such a petition does not affect Authority: 49 U.S.C. 20103, 20107 and Associate Administrator means the 20148; 28 U.S.C. 2461; and 49 CFR 1.49. that person’s responsibility for Associate Administrator for Safety, compliance with that requirement while Subpart A—General Federal Railroad Administration, or the the petition is being considered. Associate Administrator’s delegate. (b) Each petition for waiver under this § 224.1 Purpose and scope. Flat car means a car having a flat floor section shall be filed in the manner and (a) The purpose of this part is to or deck on the underframe with no contain the information required by part reduce highway-rail grade crossing sides, ends or roof. 211 of this chapter. accidents and deaths, injuries, and Freight rolling stock means: (1) Any locomotive subject to part 229 (c) If the Administrator finds that a property damage resulting from those of this chapter used to haul or switch waiver of compliance is in the public accidents, by enhancing the conspicuity freight cars (whether in revenue or work interest and is consistent with railroad of rail freight rolling stock so as to train service), and safety, the Administrator may grant the increase its detectability by motor (2) Any railroad freight car subject to waiver subject to any conditions that the vehicle operators at night and under part 215 of this chapter (including a car Administrator deems necessary. conditions of poor visibility. stenciled MW pursuant to § 215.305). § 224.9 Responsibility for compliance. (b) In order to achieve cost-effective Freight rolling stock owner means any mitigation of collision risk at highway- person who owns freight rolling stock, (a) Freight rolling stock owners, rail grade crossings, this part establishes leases freight rolling stock, manages the railroads, and (with respect to the duties of freight rolling stock owners maintenance or use of freight rolling certification of material) manufacturers (including those who manage stock on behalf of an owner or one or of retroreflective material, are primarily maintenance of freight rolling stock, more lessors or lessees, or otherwise responsible for compliance with this supply freight rolling stock for controls the maintenance or use of part. However, any person that performs transportation, or offer freight rolling freight rolling stock. any function or task required by this stock in transportation) and railroads to Locomotive has the meaning assigned part (including any employee, agent, or progressively apply retroreflective by § 229.5 of this chapter, but for contractor of the aforementioned), must material to freight rolling stock, and to purposes of this part applies only to a perform that function in accordance periodically inspect and maintain that locomotive used in the transportation of with this part. material. Freight rolling stock owners, freight or the operation of a work train. (b) Any person performing any however, are under no duty to install, Obscured means concealed or hidden function or task required by this part maintain, or repair reflective material (i.e., covered up, as where a layer of shall be deemed to have consented to except as specified in this part. paint or dense chemical residue blocks FRA inspection of the person’s facilities (c) This part establishes a schedule for incoming light); this term does not refer and records to the extent necessary to the application of retroreflective to ordinary accumulations of dirt, grime, determine whether the function or task material to rail freight rolling stock and or ice resulting from the normal railroad is being performed in accordance with prescribes standards for the application, operating environment. the requirements of this part. inspection, and maintenance of Person means an entity of any type § 224.11 Civil penalties. retroreflective material to rail freight covered under 1 U.S.C. 1, including but rolling stock for the purpose of not limited to the following: a railroad; Any person (including but not limited enhancing its detectability at highway- a manager, supervisor, official, or other to a railroad; any manager, supervisor, rail grade crossings. This part does not employee or agent of a railroad; any official, or other employee or agent of a restrict a freight rolling stock owner or owner, manufacturer, lessor, or lessee of railroad; any owner, manufacturer, railroad from applying retroreflective railroad equipment, track or facilities; lessor, or lessee of railroad equipment, material to freight rolling stock for other any independent contractor providing track, or facilities; any employee of such purposes if not inconsistent with the goods or services to a railroad; and any owner, manufacturer, lessor, lessee, or recognizable pattern required by this employee of such an owner, independent contractor) who violates part. manufacturer, lessor, lessee, or any requirement of this part or causes the violation of any such requirement is § 224.3 Applicability. independent contractor. Railroad means all forms of non- subject to a civil penalty of at least $500, This part applies to all railroad freight highway ground transportation that run but not more than $11,000 per violation, cars and locomotives that operate over on rails or electromagnetic guideways, except that: Penalties may be assessed a public or private highway-rail grade including high speed ground against individuals only for willful crossing and are used for revenue or transportation systems that connect violations, and, where a grossly work train service, except: metropolitan areas, without regard to negligent violation or a pattern of (a) Freight rolling stock that operates whether they use new technologies not repeated violations has created an only on track inside an installation that associated with traditional railroads. imminent hazard of death or injury to is not part of the general railroad system Railroad freight car has the meaning persons, or has caused death or injury, of transportation; assigned by § 215.5 of this chapter. a penalty not to exceed $22,000 per (b) Rapid transit operations in an Tank car means a rail car, the body violation may be assessed. Each day a urban area that are not connected to the of which consists of a tank for violation continues shall constitute a general railroad system of transporting liquids. separate offense. Appendix A to this transportation; or Work train means a non-revenue part contains a schedule of civil penalty (c) Locomotives and passenger cars service train used for the administration amounts used in connection with this used exclusively in passenger service. and upkeep service of the railroad. part.

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§ 224.13 Preemptive effect. System and posted on its Web site at film so as to form a non-exposed Under 49 U.S.C. 20106, issuance of http://dms.dot.gov. retroreflective optical system. this part preempts any State law, rule, (3) Upon written request of an Retroreflective sheeting construction regulation, or order covering the same interested party, or in the event FRA that entraps air between laminations subject matter, except an additional or requires additional information to shall be sealed around all edges in the more stringent law, rule, regulation, or appropriately consider the petition, FRA final application sufficiently to prevent order that is necessary to eliminate or will conduct a hearing on the petition water from penetrating the sheeting. reduce an essentially local safety in accordance with the procedures (b) Color. Retroreflective sheeting hazard; that is not incompatible with a provided in § 211.25 of this chapter. applied under this part must be yellow law, rule, regulation, or order of the (e) Disposition of petitions. as specified by the chromaticity United States Government; and that (1) If FRA finds that the petition coordinates of the American Society for does not unreasonably burden interstate complies with the requirements of this Testing and Materials’ (ASTM) Standard commerce. section and that the proposed D 4956–01, ‘‘Standard Specification for alternative standard is acceptable or Retroreflective Sheeting for Traffic § 224.15 Special approval procedures. changes are justified, or both, the Control.’’ (a) General. The following procedures petition will be granted, normally (c) Performance. Retroreflective govern consideration and action upon within 90 days of its receipt. The sheeting applied pursuant to this part requests for special approval of Associate Administrator may determine shall meet the requirements of ASTM D alternative standards under § 224.103(e). the applicability of other technical 4956–01, except for the photometric (b) Petitions. requirements of this part when requirements, and shall, as initially (1) Each petition for special approval rendering a decision on the petition. If applied, meet the minimum of an alternative standard shall the petition is neither granted nor photometric performance requirements contain— denied within 90 days, the petition specified in Table 1 of this section. (i) The name, title, address, and remains pending for decision. FRA may telephone number of the primary person attach special conditions to the approval TABLE 1.—MINIMUM PHOTOMETRIC of the petition. Following the approval to be contacted with regard to the PERFORMANCE (COEFFICIENT OF petition; of a petition, FRA may reopen RETROREFLECTION (R ) IN CAN- (ii) The alternative proposed, in consideration of the petition for cause A DELA/LUX/METER 2) REQUIREMENT detail, to be substituted for the stated. particular requirements of this part; and (2) If FRA finds that the petition does FOR YELLOW RETROREFLECTIVE (iii) Appropriate data and analysis not comply with the requirements of SHEETING. establishing that the alternative will this section, or that the proposed alternative standard is not acceptable or Observation angle provide at least an equivalent level of Entrance angle safety and meet the requirements of that the proposed changes are not 0.2° 0.5° § 224.103(e). justified, or both, the petition will be (2) Three copies of each petition for denied, normally within 90 days of its –4° ...... 400 100 special approval of an alternative receipt. 30° ...... 220 45 standard shall be submitted to the (3) When FRA grants or denies a Associate Administrator for Safety, petition, or reopens consideration of a (d) Certification. The characters Federal Railroad Administration, 1120 petition, written notice is sent to the ‘‘FRA–224’’, constituting the Vermont Ave., NW., Mail Stop 25, petitioner and other interested parties manufacturer’s certification that the Washington, DC 20590. and a copy of the notice is placed in the retroreflective sheeting conforms to the (c) Notice. FRA will publish a notice electronic docket of the proceeding. requirements of paragraphs (a) through in the Federal Register concerning each (c) of this section, shall appear at least Subpart B—Application, Inspection, petition under paragraph (b) of this once on the exposed surface of each and Maintenance of Retroreflective section. sheeting in the final application. The Material (d) Public comment. FRA will provide characters shall be a minimum of 3 mm a period of not less than 30 days from § 224.101 General requirements. high, and shall be permanently stamped, etched, molded, or printed the date of publication of the notice in All rail freight rolling stock shall be within the product and each the Federal Register during which any equipped with retroreflective sheeting certification shall be spaced no more person may comment on the petition. that conforms to the requirements of than four inches apart. (1) Each comment shall set forth this part. Notwithstanding any other specifically the basis upon which it is provision of this chapter, the (e) Alternative standards. Upon made, and contain a concise statement application, inspection, and petition by a freight rolling stock owner of the interest of the commenter in the maintenance of that sheeting shall be or railroad under § 224.15, the Associate proceeding. conducted in accordance with this Administrator may qualify an (2) Each comment shall be submitted subpart or in accordance with an alternative technology as providing to the DOT Central Docket Management alternative standard providing at least equivalent safety. Any such petition System, Nassif Building, Room Pl-401, an equivalent level of safety after special shall provide data and analysis 400 Seventh Street, SW., Washington, approval of FRA under § 224.15. sufficient to establish that the DC 20590, and shall contain the technology will result in conspicuity assigned docket number which appears § 224.103 Characteristics of retroreflective and durability at least equal to sheeting in the Federal Register for that sheeting. described in paragraphs (a) through (c) proceeding. The form of such (a) Construction. Retroreflective of this section applied in accordance submission may be in written or sheeting shall consist of a smooth, flat, with this part and will present a electronic form consistent with the transparent exterior film with recognizable visual target that is standards and requirements established microprismatic retroreflective elements suitably consistent with freight rolling by the Central Docket Management embedded in or suspended beneath the stock equipped with retroreflective

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sheeting meeting the technical of which is not compatible with the (B) When the car first undergoes a requirements of this part. patterns of application otherwise single car air brake test as prescribed by provided in this section. Retroreflective 49 CFR 232.305. Application may be § 224.105 Size and location. sheeting shall conform as close as deferred until the second such test if it (a) Railroad freight cars. The amount practicable to the requirements of is more practicable to do so and the test of retroreflective sheeting to be applied paragraphs (a)(1) through (a)(3) of this will be made before 10 years after the to each car is dependent on the length section and shall have the following effective date of the final rule. of the car. For purposes of this part, the amount of sheeting equally distributed (ii) A freight rolling stock owner may length of a car is measured from endsill between both sides of the car: elect not to follow the schedule in to endsill, exclusive of the draft gear. (i) For cars less than 50 feet long, a paragraph (a)(2)(i) of this section if, not (1) General rule. On railroad freight minimum of seven square feet of later than 60 days after the effective date cars other than tank cars, flat cars, and sheeting; of the final rule, the freight rolling stock cars of special construction (as defined (ii) For cars that are 50 to 60 feet long, owner submits to FRA a Fleet in paragraph (a)(4) of this section), a minimum of eight square feet of Reflectorization Implementation Plan retroreflective sheeting shall be applied sheeting; and designating the car numbers vertically to each car side, with its (iii) For cars greater than 60 feet long, constituting the fleet subject to this part bottom edge as close as practicable to 42 one additional square foot of sheeting and affirming that the cars will be inches above the top of the rail. Either for every additional 10 feet of length. equipped with retroreflective sheeting a minimum of one 4x36 inch strip or a (b) Locomotives: as required by this part such that not (1) For locomotives that are less than minimum of two 4x18 inch strips, one less than 20 percent of the total fleet above the other, shall be applied as 50 feet long, a minimum of seven square subject to this part shall be equipped close to each end of the car as feet of sheeting must be equally within 24 months following the practicable. Between the ends of the car, distributed between both sides of the effective date of the final rule and not a minimum of one 4x18 inch strip shall locomotive in a pattern recognizable to less than an additional 10 percent of the be applied at equal intervals that shall motorists. total fleet shall be completed each 12- not exceed 10 feet. (2) For locomotives 50 feet long or (2) Tank cars. On tank cars, greater, an additional square foot of month period thereafter for the duration retroreflective sheeting shall be applied sheeting must be equally distributed of the 10-year period. See Appendix B vertically to each car side and centered between both sides of the locomotive for of this part. Thereafter, (A) The designated fleet shall be on the horizontal centerline of the tank, every additional 10 feet of length. The equipped with retroreflective sheeting or as near as practicable. If it is not sheeting must be distributed in a pattern according to the requirements of this practicable to safely apply the sheeting recognizable to motorists. (3) For any locomotive, application of paragraph (a)(2)(ii); and centered on the horizontal centerline of (B) If, following the conclusion of the the tank, the sheeting may be applied material horizontally along the sill or side walkway of the locomotive shall be initial 24-month period or any 12-month vertically with its top edge no lower period thereafter, the percentage than 70 inches above the top of the rail, considered a pattern recognizable to motorists. requirements of this section have not as practicable. A minimum of either one been met— 4x36 inch strip or two 4x18 inch strips, § 224.107 Application of retroreflective (1) The freight rolling stock owner one above the other, shall be applied as sheeting. shall be considered in violation of this close to each end of the car as (a) Railroad freight cars. All railroad part; practicable. Between the ends of the car freight cars subject to this part must be (2) The freight rolling stock owner a minimum of one 4x18 inch strip shall equipped with retroreflective sheeting shall, within 60 days of the close of the be applied at equal intervals that shall conforming to this part by 10 years after period, report the failure to the not exceed 10 feet. the effective date of the final rule. If a Associate Administrator; (3) Flat cars. On flat cars, a minimum car already has reflective material (3) The requirements of paragraph of two 4x18 inch strips, one next to the applied that does not meet the standards (a)(2)(i) of this section shall apply to all other, shall be applied vertically to each of this part, it is not necessary to remove railroad freight cars subject to this part car side as close to each end of the car the material unless its placement in the fleet; as practicable. The bottom edges of interferes with the placement of the (4) The percentage requirements of these 4x18 inch strips shall be no lower sheeting required by this part. this paragraph (a)(2)(ii) shall continue to than 30 inches above the top of the rail, (1) New cars. Retroreflective sheeting apply; and as practicable. A minimum of one 4x18 conforming to this part must be applied (5) The fleet owner shall take such inch strip shall be applied vertically as to all new cars at the time of additional action as may be necessary to can be best fit at equidistant intervals construction. achieve future compliance. between each end, with the bottom edge (2) Existing cars without (C) Cars to be retired shall be included of each strip no lower than 42 inches retroreflective sheeting. in the fleet total until they are retired. from the top of the rail, as practicable. (i) If as of the date of publication of (3) Existing cars with retroreflective Between the ends of the car, a minimum the final rule a car subject to this part sheeting. If as of the date of publication of one 4x18 inch strip shall be applied is not equipped on each side with at of the final rule a car is equipped on at equal intervals that shall not exceed least one square foot of retroreflective each side with at least one square foot 10 feet. When vertical application of a sheeting as specified in paragraph (a)(3) of retroreflective sheeting, uniformly 4x18 inch strip is not feasible, the of this section, retroreflective sheeting distributed over the length of each side, sheeting may be applied vertically in conforming to this part must be applied that car shall be considered in three 4x6 inch strips placed directly to the car at the earliest of the following compliance with this part for a period next to each other or as close as occasions occurring after the effective of 10 years from the effective date of the practicable, or placed horizontally along date of the rule or in accordance with final rule, provided the sheeting is not the sill of the car. paragraph (a)(2)(ii) of this section: engineering grade, super engineering (4) Cars of special construction. This (A) When the car is repainted or grade (enclosed lens), or glass bead paragraph applies to any car the design rebuilt; or encapsulated type sheeting, and

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provided the freight rolling stock owner retrofitted pursuant to § 224.105(b) follow the reflectorization schedule of files a Fleet Reflectorization within 10 years of the effective date of § 224.107(a)(2)(i) and freight rolling stock Implementation Plan with FRA no later this part. If a railroad with fewer than owners seeking compliance with this part than 60 days after the effective date of 400,000 annual employee work hours under § 224.107(a)(3) must file this form no later than 60 days after the effective date of the final rule identifying the cars shares locomotive power with a railroad the final rule. already so equipped. See Appendix B of with 400,000 or more annual employee this part. work hours, the smaller railroad must Fleet Reflectorization Implementation Plan (b) Locomotives. All locomotives comply with the requirements of Railroad or Car Owner Name subject to this part must be equipped paragraphs (b)(2) and (3) of this section. Prepared and Submitted By: with conforming retroreflective sheeting § 224.109 Inspection and replacement. Name: by five years after the effective date of Title: the final rule. If a locomotive already (a) Railroad freight cars. Address: has reflective material applied that does Retroreflective sheeting on railroad Phone: not meet the standards of this part, it is freight cars subject to this part must be Fax: not necessary to remove the material visually inspected for presence and E-mail: unless its placement interferes with the condition whenever a car undergoes a Instructions for completing form: placement of the sheeting required by single car air brake test required under Report in this plan only the freight cars in this part. 49 CFR 232.305. If at the time of your fleet subject to 49 CFR part 224 that will (1) New locomotives. Retroreflective inspection more than 20 percent of the be reflectorized on a schedule other than that sheeting conforming to this part must be amount of sheeting required under specified in 49 CFR 224.107(a)(2(i), and those applied to all new locomotives at the § 224.105 on either side of a car is cars that are already equipped with time of construction. damaged, obscured, or missing, that retroreflective material meeting the (2) Existing locomotives without damaged, obscured, or missing sheeting requirements of 49 CFR 224.107(a)(3). I. Column (a): Insert the car number(s) retroreflective sheeting. If as of the date must be replaced. If conditions at the of publication of the final rule a identifying each freight car in fleet subject to time of inspection are such that 49 CFR part 224. A range(s) of car numbers locomotive subject to this part is not replacement material can not be may be inserted. Note: exclusions from equipped on each side with at least one applied, such application may be range(s) may be listed in column (b). square foot of retroreflective sheeting as completed not later than the earliest of II. Column (b): List the car number of each specified in paragraph (b)(3) of this the following events: when the car next car subject to 49 CFR part 224 not included section, retroreflective sheeting receives a required single car air brake in range (a). (Such as cars sold, retired, or conforming to this part must be applied test or when the car is taken out of permanently removed from fleet as of the to the locomotive not later than the first service for repairs or other maintenance. date of filing.) biennial inspection performed pursuant (b) Locomotives. Retroreflective III. Column (c): Indicate the status of each to 49 CFR 229.29 occurring after the car identified in column (a) as follows: sheeting must be visually inspected for 1. Enter REFL 20XX (year) if the car(s) is effective date of the final rule. presence and condition when the (3) Existing locomotives with scheduled to be reflectorized by owner or locomotive receives the annual other authorized party at a time other than retroreflective sheeting. If as of the date inspection required under 49 CFR that specified in 49 CFR 224.107(a)(2)(i). of publication of the final rule a 229.27. If more than 20 percent of the REFL indicates that reflective material locomotive is equipped on each side amount of sheeting required under meeting the requirements of 49 CFR part 224 with at least one square foot of § 224.105 on either side of a locomotive will be installed on the car specified in retroreflective sheeting, uniformly is damaged, obscured, or missing, that column (a) at a time other than when that car distributed over the length of the damaged, obscured, or missing sheeting is being repainted, rebuilt, or undergoing the locomotive side, that locomotive shall first single car air brake test pursuant to 49 must be replaced. If conditions at the CFR 232.305 after the effective date of the be considered in compliance with this time of inspection are such that part for a period of 5 years from the final rule. 20XX indicates the year that replacement material can not be applied reflective material will be applied to that car. effective date of the final rule, provided or if sufficient replacement material is Example: REFL 2005 indicates that the car the existing material is not engineering not available, such application can be owner will reflectorize the car specified in grade, super engineering grade completed at the next forward location column (a) by the end of the 2005 calendar (enclosed lens), or glass bead where conditions permit, provided a year. encapsulated type sheeting, and record of the restriction is maintained in 2. Enter RET XXXX (year) if the car provided the freight rolling stock owner the locomotive cab or in a secure and indentified in column(a) is scheduled to be files a Fleet Reflectorization retired from service during the initial 10-year accessible electronic database to which implementation period. RET indicates that Implementation Plan with FRA no later FRA is provided access on request. than 60 days after the effective date of the car will be retired, and 20XX indicates § 224.111 Renewal. the year that the car is scheduled to be the final rule identifying the cars retired. Example: RET 2006 indicates that the already so equipped. See Appendix B of Regardless of condition, car owner will retire the car specified in this part. retroreflective sheeting required under column (a) by the end of the 2006 calendar (4) Each railroad that has fewer than this part must be replaced with new year. 400,000 annual employee work hours, sheeting no later than 10 years after the 3. Enter COM if the car indentified in and does not share locomotive power date of initial installation. column (a) is, as of the date of publication with a railroad with 400,000 or more of the final rule, already equipped with annual employee work hours, may bring Appendix A to Part 224—Schedule of Civil retroreflective material meeting the its locomotive fleet into compliance Penalties [Reserved] requirements of 49 CFR 224.107(a)(3). according to the following schedule: 4. Enter REPT XXXX (year) if the car Appendix B to Part 224—Form Fleet identified in column (a) is to be repainted or fifty percent of the railroad’s Reflectorization Implementation Plan rebuilt during the initial 10-year locomotives must be retrofitted This appendix contains the standard form implementation period of 49 CFR part 224, pursuant to § 224.105(b) within five Fleet Reflectorization Implementation Plan and not to be reflectorized during the first years of the effective date of this part referenced in §§ 224.107(a)(2) and (a)(3). single car air-brake test (49 CFR 232.305) and one hundred percent must be Freight rolling stock owners electing not to after the effective date of the final rule. 20XX

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indicates the year that the car will be rebuilt IV. If for any car listed in column (a), COM material, amount and placement pattern of or repainted. Example: REPT 2008 indicates is entered in column (c), please describe the material on each side of car). that the car owner will repaint the car technical specifications of the retroreflective specified in column (a) by the end of the material with which the cars are presently 2006 calendar year. equipped (e.g., color of material, type of

(c) Status (a) Car no. and identification no. (or range) (b) Subtractions from range (REFL XXXX, RET XXXX, COM, REPT XXXX)

By filing this FLEET REFLECTORIZATION status of each freight car in its fleet subject lllllllllllllllllllll IMPLEMENTATION PLAN and any to Part 224. If the Railroad or Car Owner is Date accompanying documents or electronic files not able, or chooses not to update UMLER at with FRA, the Railroad or Car Owner agrees least annually, the Railroad or Car Owner Issued in Washington, DC on October 29, to equip the cars identified in column (a) shall annually file an updated FLEET 2003. with retroreflective material conforming to 49 REFLECTORIZATION IMPLEMENTATION Allan Rutter, CFR part 224 in accordance with this plan. PLAN with FRA. Federal Railroad Administrator. By filing this plan, the Railroad or Car Owner (signature of Corporate Officer/Car Owner) [FR Doc. 03–27649 Filed 11–5–03; 8:45 am] also agrees to update, at least annually, the Name: BILLING CODE 4910–06–P American Association of Railroad’s UMLER Title: file to reflect the current reflectorization

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