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Monday, January 3, 2005 Part II Department of Transportation Federal Railroad Administration 49 CFR Part 224 Reflectorization of Rail Freight Rolling Stock; Final Rule VerDate jul<14>2003 15:04 Dec 30, 2004 Jkt 205001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\03JAR2.SGM 03JAR2 144 Federal Register / Vol. 70, No. 1 / Monday, January 3, 2005 / Rules and Regulations DEPARTMENT OF TRANSPORTATION As noted in the NPRM, approximately signal (because the locomotive has 4,000 times each year, a train and a already cleared the crossing) or visual Federal Railroad Administration highway vehicle collide at a highway- stimuli alerting the driver to a train rail grade crossing in the United States. traveling through the crossing, the 49 CFR Part 224 Approximately 23% of all highway-rail driver may fail to perceive the train in grade crossing accidents involve motor time to stop. This condition is further [Docket No. FRA–1999–6689, Notice No. 4] vehicles running into trains occupying exacerbated when a train is stopped on RIN 2130–AB41 grade crossings (‘‘RIT’’ accidents). Many a crossing. of these RIT accidents occur during There is currently no requirement for Reflectorization of Rail Freight Rolling nighttime conditions (dawn, dusk, and lighting or reflective markings on freight Stock darkness) and involve a highway rolling stock. However, as explained in vehicle striking a train behind the first the NPRM, reflectorization has become AGENCY: Federal Railroad two units of the consist. This suggests an indispensable tool for enhancing Administration (FRA), Department of that a contributing factor to many RIT visibility in virtually all other modes of Transportation (DOT). accidents is the difficulty motorists have transportation, including air, highway, ACTION: Final rule. in seeing a train consist at a crossing in maritime, and pedestrian travel. For time to stop their vehicles before example, airplanes and motor vehicles SUMMARY: FRA is issuing this final rule reaching the crossing, particularly are equipped with high brightness to mandate the reflectorization of freight during periods of limited visibility, such retroreflective material at key locations rolling stock (freight cars and as dawn, dusk, darkness, or during on the exterior surfaces to increase their locomotives) to enhance the visibility of adverse weather conditions. conspicuity. Microprismatic corner cube trains in order to reduce the number and retroreflectors (which have the ability to As explained in the NPRM, the severity of accidents at highway-rail direct light rays back to the light source) physical characteristics of trains, in grade crossings in which train visibility are typically used on roadway signs that combination with the characteristics of is a contributing factor. This rule warn of construction or other hazardous grade crossings (e.g., grade crossing establishes a schedule for the conditions. Federal regulations require configuration, type of warning devices application of retroreflective material retroreflective materials on the sides at a crossing, rural background and prescribes standards for the and rear of large trucks to increase their construction, performance, application, environment with low level ambient conspicuity and to aid motorists in inspection, and maintenance of the light, or visually complex urban judging their proximity to these material. background environment, etc.), and the vehicles. Even regulations addressing inherent limitations of human eyesight, DATES: Effective Date: March 4, 2005. bicycle safety have specific often make it difficult for motorists to requirements on the use of reflective The incorporation by reference of a detect a train’s presence on highway-rail certain publication listed in the rule is materials. Lifesaving marine equipment, grade crossings, particularly during such as life vests and rafts, require approved by the Director of the Federal periods of limited visibility. Freight Register as of March 4, 2005. reflectorization; and to enhance the trains lack conspicuity in different conspicuity of pedestrians, especially at FOR FURTHER INFORMATION CONTACT: Dr. environmental settings. For example, night, retroreflective material has been Tom Blankenship, Mechanical Engineer, trains are typically painted a dark color incorporated into clothing and similar Office of Safety, FRA, 1120 Vermont and are often covered with dirt and items. Ave., NW., Mailstop 25, Washington, grime which are inherent in the railroad The everyday use of reflectors DC 20590 (telephone: 202–493–6446); environment. With the exception of indicates their acceptance to delineate Mary Plache, Industry Economist, Office locomotives, trains are usually potential hazards and obstructions in a of Safety, FRA, 1120 Vermont Ave., unlighted and are not equipped with vehicle’s path of travel. Research NW., Mailstop 25, Washington, DC reflective devices. Similarly, a large specific to the railroad industry has 20590 (telephone: 202–493–6297); or percentage of crossings are not lighted. demonstrated that reflective materials Lucinda Henriksen, Trial Attorney, Consequently, much of the light from an can increase the conspicuity of freight Office of Chief Counsel, FRA, 1120 approaching motor vehicle’s headlights cars, thereby enhancing motorists’ Vermont Ave., NW., Mailstop 10, is absorbed by the freight cars, instead ability to detect the presence of trains in Washington, DC 20590 (telephone: 202– of being reflected back toward the highway-rail grade crossings. Reflective 493–6038). motorist. In addition, the large size of material on rail equipment increases SUPPLEMENTARY INFORMATION: freight cars also makes them difficult to visibility inexpensively, and does not detect. For instance, even if a motorist require a power source to produce light, Background is looking for a train, if the locomotive but returns light produced from another On November 6, 2003, FRA published has already passed, it is difficult to source (i.e., an approaching a notice of proposed rulemaking detect the freight cars because the cars automobile’s headlights). This greater (NPRM) proposing to require often encompass the motorist’s entire visibility can help drivers avoid some retroreflective material on the sides of field of view and have the tendency to accidents and reduce the severity of freight rolling stock (freight cars and ‘‘blend’’ into the background other accidents that are unavoidable. locomotives) to enhance the visibility of environment, especially at night. Also, Accordingly, FRA, as the Federal agency trains. 68 FR 62942. The NPRM because most drivers involved in grade responsible for ensuring that America’s represented a partial solution to a safety crossing accidents are familiar with the railroads are safe for the traveling problem that has long concerned FRA— crossings and with roadway features at public, and in direct response to a the need to reduce the incidence and the crossings, the drivers become Congressional mandate, is issuing this severity of collisions between motor habituated (or preconditioned) to the final rule requiring the application of vehicles and trains at highway-rail grade crossings. Based on previous driving reflective material on the sides of crossings throughout the United States, experiences and conditioning, a driver certain rail cars and locomotives to especially during conditions of darkness may not expect a train to be occupying enhance the visibility of trains in order or reduced visibility. a crossing, and without a clear auditory to reduce the number and severity of VerDate jul<14>2003 16:51 Dec 30, 2004 Jkt 205001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\03JAR2.SGM 03JAR2 Federal Register / Vol. 70, No. 1 / Monday, January 3, 2005 / Rules and Regulations 145 accidents at highway-rail grade 1994, Public Law 103–440 (‘‘Act’’). The also noted in the NPRM, the issue of rail crossings where train visibility is a Act added section 20148 to title 49 of car ‘‘conspicuity’’ is not a new concept. contributing factor. the United States Code. Section 20148 Research dating back to the early 1950’s required the Secretary, and by A. Statutory Authority and identified the potential viability of rail delegation, FRA, to conduct a review of Congressional Mandate car conspicuity materials such as the Department of Transportation’s luminous sources (lights on rail cars), FRA has broad statutory authority to (‘‘Department’’) rules with respect to the self-luminous sources (phosphorescent), regulate all areas of railroad safety. The visibility of railroad cars and mandated and reflective sources. By the 1970’s, Federal Railroad Safety Act of 1970 that if the review established that researchers had generally concluded (Safety Act) (formerly 45 U.S.C. 421, 431 enhanced railroad car visibility would that although luminous and reflective et seq., now found primarily in chapter likely improve safety in a cost-effective sources both proved effective in 201 of Title 49) grants the Secretary of manner, the Secretary initiate a enhancing the visibility of trains, Transportation (‘‘Secretary’’) rulemaking rulemaking proceeding to ‘‘prescribe reflectors provided conspicuity at a authority over all areas of railroad safety regulations requiring enhanced greater distance and field of vision. (49 U.S.C. 20103(a)) and confers all visibility standards for newly Although the general consensus of powers necessary to detect and penalize manufactured and remanufactured historical research was that reflective violations of any rail safety law. This railroad