62166 Federal Register / Vol. 70, No. 208 / Friday, October 28, 2005 / Rules and Regulations 

1FRA notes that the May 26, 2005 Federal 

Register publication inadvertently included the 

original RIN number for this proceeding (RIN 2130– 

AB41). 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 224 

[Docket No. FRA–1999–6689, Notice No. 6] 

RIN 2130–AB68 

Reflectorization of Rail Freight Rolling 

Stock 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Final rule; response to petitions 

for reconsideration; lift of stay of 

effectiveness. 

SUMMARY: This document responds to 

petitions for reconsideration of FRA’s 

January 3, 2005 rule mandating the 

reflectorization of freight rolling stock 

(freight cars and locomotives). This 

document amends and clarifies the final 

rule and also lifts the stay of the rule’s 

effectiveness published on May 26, 2005 

(70 FR 30378). 

DATES: Effective Date: The stay of 

effectiveness for 49 CFR part 224 is 

lifted and the amendments in this rule 

are effective as of November 28, 2005. 

The incorporation by reference of a 

certain publication listed in the rule is 

approved by the Director of the Federal 

Register as of November 28, 2005. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Tom Blankenship, Mechanical Engineer, 

Office of Safety, FRA, 1120 Vermont 

Ave., NW., Mailstop 25, Washington, 

DC 20590 (telephone: 202–493–6446); or 

Lucinda Henriksen, Trial Attorney, 

Office of Chief Counsel, FRA, 1120 

Vermont Ave., NW., Mailstop 10, 

Washington, DC 20590 (telephone: 202– 

493–6038). 

SUPPLEMENTARY INFORMATION: 

Background 

On November 6, 2003, the Federal 

Railroad Administration (FRA) 

published a notice of proposed 

rulemaking (NPRM) proposing to 

require retroreflective material on the 

sides of freight rolling stock (freight cars 

and locomotives) to enhance the 

visibility of trains. See 68 FR 62942. The 

proposals set forth in the NPRM were 

based on several years of research and 

public involvement in the 

reflectorization issue. The NPRM 

provided detailed background 

information on the need for the 

reflectorization of rail equipment as 

well as a description of FRA’s research 

and public outreach efforts aimed at 

identifying the most effective method 

for implementing a nationwide 

reflectorization program. Following 

consideration of written comments 

received in response to the NPRM and 

oral comments presented at a public 

hearing held in Washington, DC, on 

January 27, 2004, FRA published a final 

rule on January 3, 2005. See 70 FR 144. 

Following publication of the final 

rule, three parties (the Association of 

American Railroads (AAR), TTX 

Company (TTX), and 3M) filed petitions 

seeking FRA’s reconsideration and 

clarification of certain provisions of the 

rule. See document numbers 123 and 

125–130 in the docket of this 

proceeding. In order to ensure that the 

regulated community would not be 

faced with possible changes to the rule 

soon after beginning compliance, and to 

provide FRA adequate time to respond 

to the petitions, on May 26, 2005, FRA 

stayed the effectiveness of the final rule 

until further notice could be published 

in the Federal Register. See 70 FR 

30378.1

The specific issues raised by these 

petitioners and FRA’s responses to their 

petitions, are discussed in detail below 

in the ‘‘Section-by-Section Analysis’’ 

portion of the preamble. The Section-bySection analysis also contains a detailed 

discussion of each provision of the final 

rule which FRA has amended or 

clarified. The amendments contained in 

this document generally clarify 

requirements currently contained in the 

final rule or allow for greater flexibility 

in complying with the rule, and are 

within the scope of the issues and 

options discussed, considered, or raised 

in the NPRM. 

Statutory Authority and Congressional 

Mandate 

FRA has broad statutory authority to 

regulate all areas of railroad safety. The 

Federal Railroad Safety Act of 1970 

(Safety Act) (formerly 45 U.S.C. 421, 431 

et seq., now found primarily in chapter 

201 of Title 49) grants the Secretary of 

Transportation (‘‘Secretary’’) rulemaking 

authority over all areas of railroad safety 

(49 U.S.C. 20103(a)) and confers all 

powers necessary to detect and penalize 

violations of any rail safety law. This 

authority was subsequently delegated to 

the FRA Administrator (49 CFR 1.49). 

(Until July 5, 1994, the Federal railroad 

safety statutes existed as separate acts 

found primarily in Title 45 of the 

United States Code. On that date, all of 

the acts were repealed, and their 

provisions were recodified into Title 

49.) 

The term ‘‘railroad’’ is defined in the 

Safety Act to include any form of 

nonhighway ground transportation that runs 

on rails or electromagnetic guideways, * * * 

[other than] rapid transit operations in an 

urban area that are not connected to the 

general railroad system of transportation. 

49 U.S.C. 20102. This definition makes 

clear that FRA has jurisdiction over (1) 

rapid transit operations within an urban 

area that are connected to the general 

railroad system of transportation, and 

(2) all freight, intercity, passenger, and 

commuter rail passenger operations 

regardless of their connection to the 

general railroad system of transportation 

or their status as a common carrier 

engaged in interstate commerce. FRA 

has issued a policy statement describing 

how it determines whether particular 

rail passenger operations are subject to 

FRA’s jurisdiction (65 FR 42529 (July 2, 

2000)); the policy statement can be 

found in Appendix A to parts 209 and 

211. 

Pursuant to its statutory authority, 

FRA promulgates and enforces a 

comprehensive regulatory program to 

address railroad track, signal systems, 

railroad communications, rolling stock, 

rear-end marking devices, safety glazing, 

railroad accident/incident reporting, 

locational requirements for dispatching 

of U.S. rail operations, safety integration 

plans governing railroad consolidations, 

merger and acquisitions of control, 

operating practices, passenger train 

emergency preparedness, alcohol and 

drug testing, locomotive engineer 

certification, and workplace safety. 

In 1994 Congress passed the Federal 

Railroad Safety Authorization Act of 

1994, Pub. L. 103–440 (Act). The Act 

added § 20148 to title 49 of the United 

States Code. Section 20148 required the 

Secretary, and by delegation, FRA, to 

conduct a review of the Department of 

Transportation’s (Department) rules 

with respect to the visibility of railroad 

cars and mandated that if the review 

established that enhanced railroad car 

visibility would likely improve safety in 

a cost-effective manner, the Secretary 

initiate a rulemaking proceeding to 

‘‘prescribe regulations requiring 

enhanced visibility standards for newly 

manufactured and remanufactured 

railroad cars.’’ Section 20148 

specifically directed the Secretary to 

examine the use of reflectors. Section 

20148 reads as follows: 

(a) Review of Rules.—The Secretary of 

Transportation shall conduct a review of the 

Department of Transportation’s rules with 

respect to railroad car visibility. As part of 

this review, the Secretary shall collect 

relevant data from operational experience by 

railroads having enhanced visibility 

measures in service. 

Federal Register / Vol. 70, No. 208 / Friday, October 28, 2005 / Rules and Regulations 62167 

2The term ‘‘obscured’’ was defined in the final 

rule to mean ‘‘concealed or hidden (i.e., covered up, 

as where a layer of paint or dense chemical residue 

blocks all incoming light).’’ 49 CFR 224.5. The 

definition specifically excluded ‘‘ordinary 

accumulations of dirt, grime, or ice resulting from 

the normal railroad operating environment.’’

3Note that as discussed in the analysis of 

§ 224.109 below, this ‘‘more than 20%’’

maintenance threshold has been revised to clarify 

FRA’s intent as to what amount of material needs 

to be ‘‘damaged, obscured, or missing’’ thereby 

requiring maintenance. 

(b) Regulations.—If the review conducted 

under subsection (a) establishes that 

enhanced railroad car visibility would likely 

improve safety in a cost-effective manner, the 

Secretary shall initiate a rulemaking 

proceeding to prescribe regulations requiring 

enhanced visibility standards for newly 

manufactured and remanufactured railroad 

cars. In such proceeding the Secretary shall 

consider, at a minimum—

(1) visibility of railroad cars from the 

perspective of nonrailroad traffic; 

(2) whether certain railroad car paint colors 

should be prohibited or required; 

(3) the use of reflective materials; 

(4) the visibility of lettering on railroad 

cars; 

(5) the effect of any enhanced visibility 

measures on the health and safety of train 

crew members; and 

(6) the cost/benefit ratio of any new 

regulations. 

(c) Exclusions.—In prescribing regulations 

under subsection (b), the Secretary may 

exclude from any specific visibility 

requirement any category of trains or railroad 

operations if the Secretary determines that 

such an exclusion is in the public interest 

and is consistent with railroad safety. 

FRA has carried out this rulemaking 

in accordance with § 20148 of the Act. 

Section-by-Section Analysis 

Amendments to 49 CFR Part 224 

Subpart A—General 

Section 224.3 Applicability 

This section establishes that the rule 

applies, with certain exceptions, to all 

freight cars and locomotives that operate 

over a public or private highway-rail 

grade crossing and are used for revenue 

or work train service. This section 

specifically excludes certain operations 

and equipment from the rule. The 

exclusions include: (1) Freight railroads 

that operate only on track inside an 

installation that is not part of the 

general railroad system of 

transportation, (2) rapid transit 

operations within an urban area that are 

not connected to the general system of 

transportation, and (3) locomotives or 

passenger cars used exclusively in 

passenger service. 

AAR petitioned FRA for 

reconsideration of this section, noting 

that some equipment moving on the 

rails (e.g., RoadRailer equipment) is 

subject to other government 

reflectorization requirements which 

may conflict with FRA’s requirements. 

Accordingly, AAR requested that 

§ 224.3 be revised to provide that freight 

rolling stock subject to the 

reflectorization requirements of a 

government agency other than FRA, be 

excluded from the rule. 

FRA agrees with AAR’s concern 

regarding this section. FRA notes that 

some railroad equipment is capable of 

operating on both highways and railroad 

tracks. For example, RoadRailers, 

RailRunners, Railmates and other 

rail-compatible vehicles are capable of 

being hauled by trucks on the nation’s 

roads, and are also capable of being 

hauled on railroad tracks. When the 

equipment is operated on roadways, it 

is subject to the National Highway 

Transportation Safety Administration’s 

(NHTSA) reflectorization requirement 

(49 CFR part 571). NHTSA requires that 

large highway trailers be equipped with 

red and white retroreflective material 

along both the sides and rear. See 49 

CFR 571.108. Although rail-compatible 

vehicles such as RoadRailers, 

RailRunners, and Railmates, 

effectively become freight cars for 

purposes of FRA regulation when the 

equipment is operating on railroad 

track, because rail compatible vehicles 

are equipped with retroreflective 

material pursuant to NHTSA’s rule, FRA 

does not see any safety justification for 

also subjecting this equipment to FRA’s 

reflectorization requirement. FRA 

believes doing so would create 

confusion and an unnecessary burden 

on the equipment owners in requiring 

them to comply with two different 

reflectorization standards. 

Accordingly, FRA has added 

paragraph (d) to § 224.3 which 

specifically excludes freight rolling 

stock subject to reflectorization 

requirements of other Federal agencies 

from this rule’s applicability. 

Section 224.5 Definitions 

This section defines various terms 

which for purposes of this rulemaking 

have very specific meanings. FRA 

intends the definitions in this section to 

clarify the meaning of these terms as 

they are used in the text of the final rule. 

In response to the final rule, AAR 

petitioned FRA for reconsideration of 

the definitions of two terms used in the 

rule, the terms ‘‘damaged’’ and ‘‘freight 

rolling stock.’’

In response to commenters’ concerns 

regarding the term ‘‘damaged’’ used in 

§ 224.109 of the proposed rule, in the 

final rule FRA defined the term to mean 

‘‘scratched, broken, chipped, peeled, or 

delaminated.’’ As noted in the preamble 

to the final rule, FRA intended this 

definition to be consistent with the term 

‘‘obscured.’’ 2 The definition, however, 

was also designed to recognize the 

physical reality that retroreflective 

sheeting could be damaged to the extent 

that it is no longer effective, but still not 

be ‘‘obscured’’ as defined in the rule 

(i.e., if material is scratched, broken, 

chipped, peeled, or delaminated, the 

material cannot effectively reflect light). 

AAR petitioned FRA for 

reconsideration of this definition, 

expressing the view that as defined, the 

term is ‘‘ambiguous and can be 

interpreted as requiring replacement of 

an entire strip of sheeting if there is any 

marring, even a single minute scratch, 

regardless of whether the 

retroreflectivity of the sheeting is 

meaningfully affected.’’ FRA does not 

agree with AAR’s concern. The 

definition and use of the term 

‘‘damaged’’ in the final rule is an 

objective measure, only requiring 

maintenance when more than 20 

percent of the minimum required 

amount of material on each rail car or 

locomotive side is ‘‘damaged’’ (i.e., 

when more than 20% of the material is 

scratched, broken, chipped, peeled or 

delaminated). Specifically, § 224.109 of 

the final rule provides that if more than 

20 percent of the required amount of 

sheeting on either side of a freight car 

or locomotive is ‘‘damaged, obscured, or 

missing, that damaged, obscured, or 

missing sheeting must be repaired or 

replaced.’’ If there is a ‘‘single minute 

scratch’’ on the retroreflective sheeting 

covering only a tiny area of the sheeting, 

that material is ‘‘damaged’’ as defined in 

the rule, but that material, by itself, does 

not require repair or replacement as it 

has not been damaged beyond the 20% 

threshold. If, however, 25% of the 

retroreflective material on one side of a 

freight car or locomotive is ‘‘scratched, 

broken, chipped, or peeled,’’ that 

material would need to be repaired or 

replaced in accordance with § 224.109.3

AAR also petitioned FRA for 

reconsideration of the definition of the 

term ‘‘freight rolling stock’’ in the final 

rule. The final rule defined ‘‘freight 

rolling stock’’ as ‘‘(1) [a]ny locomotive 

subject to part 229 of this chapter used 

to haul or switch freight cars (whether 

in revenue or work train service); and 

(2) [a]ny railroad freight car subject to 

part 215 of this chapter (including a car 

stenciled MW pursuant to § 215.305).’’

Noting that the stenciling requirement 

of § 215.305 applies to self-propelled 

maintenance-of-way equipment, AAR 

expressed the view that FRA’s 

definition included ‘‘specialized 

maintenance-of-way equipment’’

62168 Federal Register / Vol. 70, No. 208 / Friday, October 28, 2005 / Rules and Regulations 

4The final rule defined ‘‘railroad freight car’’ in 

accordance with 49 CFR 215.5. 

5 Just prior to issuance of this current notice, FRA 

became aware that ASTM Standard D 4956–04 had 

been revised and replaced with a newer version of 

the standard, D 4956–05. Because, Standard D 

4956–05 remains substantially the same as the 

previous version, D 4956–04, FRA does not believe 

it is necessary to incorporate into the final rule this 

revised version of the standard. 

6See ASTM D 4956–04, Table 10. 

contrary to FRA’s stated intent. AAR 

specifically noted that in the preamble 

to the final rule, FRA expressed 

agreement with AAR’s view that 

reflectorizing specialized maintenanceof-way equipment (e.g., burro cranes, hirail equipment) would not help achieve 

the rule’s stated goals (i.e., reducing the 

number and severity of grade crossing 

accidents where motor vehicles run into 

trains after the first two units of the 

consist). 

FRA agrees with AAR’s concern that 

the definition of ‘‘freight rolling stock’’

in the final rule does not reflect FRA’s 

true intent. Specifically, FRA intends 

the definition to include any locomotive 

subject to 49 CFR part 229 used to haul 

or switch freight cars and all railroad 

freight cars, whether those cars are used 

in revenue or work train service. FRA 

does not intend the term ‘‘freight rolling 

stock’’ to include on-track roadway 

maintenance equipment subject to 

subpart D of 49 CFR part 214 or similar 

specialized maintenance-of-way 

equipment (such as burro cranes or hirail inspection vehicles). Accordingly, 

FRA has revised the definition of 

‘‘freight rolling stock’’ to mean ‘‘(1) 

[a]ny locomotive subject to Part 229 of 

this chapter used to haul or switch 

freight cars (whether in revenue or work 

train service); and (2) [a]ny railroad 

freight car (whether used in revenue or 

work train service).’’ 4

As discussed in the analysis of 

§ 24.109 below, FRA has also revised 

the final rule to include a definition of 

the term ‘‘Universal Machine Language 

Equipment Register’’ in order to clarify 

the notification requirements of 

§ 224.109. 

Section 224.103 Characteristics of 

retroreflective sheeting 

This section sets forth the 

construction, color, and performance 

standards for the retroreflective sheeting 

required by § 224.101. Paragraphs (b) 

and (c) of this section of the final rule 

required that retroreflective sheeting 

meet specific minimum photometric 

performance requirements as initially 

applied (i.e., minimum coefficient of 

retroreflection values) and the color and 

durability requirements of ASTM 

International’s (ASTM) standard D 

4956–01a, Standard Specification for 

Retroreflective Sheeting for Traffic 

Control for Type V sheeting. AAR and 

3M, respectively, petitioned for 

reconsideration of each of these 

paragraphs. 

AAR petitioned for reconsideration of 

paragraph (b), noting that ASTM 

standard D 4956–01a incorporated into 

the final rule has been superseded by a 

newer version of the standard, ASTM D 

4956–04. AAR expressed the view that 

FRA should incorporate this revised 

standard into the rule. 

FRA notes that Standard D 4956–01a 

was revised in late 2004, just prior to 

the final rule’s publication. FRA also 

notes that the revised Standard (D 4956–

04) is substantially the same as the 

previous version, except that it provides 

specifications for certain types of 

fluorescent retroreflective sheeting and 

adds a new type of retroreflective 

material, Type X. The construction and 

performance requirements related to 

Type V retroreflective material in ASTM 

D 4956–04 remain unchanged from the 

requirements in ASTM D 4956–01a. For 

the more specific reasons discussed 

below, FRA believes that this newer, 

revised version of the standard should 

be incorporated into the final rule. 

Thus, paragraph (b) has been revised to 

incorporate by reference ASTM D–

4956–04, not ASTM D 4956–01a.5

3M petitioned for reconsideration of 

paragraph (c) expressing the view that 

the requirement that retroreflective 

sheeting meet the performance 

requirements of ASTM Type V sheeting 

was adopted in the final rule without an 

opportunity for notice and comment 

and that this requirement effectively 

excludes materials that the proposed 

rule would have allowed, i.e., some 

types of ordinary-colored (not 

fluorescent) non-metalized yellow 

retroreflective material and fluorescent 

yellow retroreflective material. 

Specifically, 3M noted that ASTM D 

4956 allows a daytime luminance factor 

(Y%) of up to 45 for ordinary-colored 

yellow non-metalized material,6 but that 

any Y% over 30 would not satisfy the 

requirements of the final rule (nonmetalized materials with Y% values 

over 30 would presumably have been 

allowable under the proposed rule since 

the NPRM did not specify any limits on 

Y%). 3M further explained that the final 

rule’s ‘‘reference to Type V 

requirements prohibits the use of 

fluorescent yellow sheeting because 

fluorescent pigments raise the Y% value 

of fluorescent materials above 30.’’ 3M 

also noted that in both the NPRM and 

the preamble to the final rule, FRA 

recognized the effectiveness of 

fluorescent material and the potential 

additional daytime benefits of the 

material, as compared to ordinarycolored material. 3M pointed out that in 

both the NPRM and the preamble to the 

final rule, FRA specifically stated that 

fluorescent material was acceptable 

under the rule, provided it met all the 

requirements of the rule, and that 

nothing either in the NPRM or the final 

rule document indicated that FRA 

intended to exclude fluorescent 

retroreflective material from suitability 

under the rule. 3M further asserted that 

the ‘‘root cause’’ of this inconsistency 

between the proposed rule and the final 

rule is ‘‘the application of a 

specification intended for metalized 

products [Type V retroreflective 

material] to non-metalized products.’’

To rectify this apparent inconsistency 

between the NPRM and final rule, 3M 

recommended revising paragraph (c) to 

require conformance to ASTM D 4956–

04 Type V requirements for metalized 

retroreflective material and 

conformance to ASTM D 4956–04 Type 

IV requirements for non-metalized 

material. 

As originally proposed, paragraph (c) 

of this section required that 

retroreflective sheeting applied in 

accordance with the rule meet all the 

performance requirements, except for 

the minimum photometric performance 

requirements, of the then current ASTM 

Standard D 4956. The initial minimum 

values for the coefficient of 

retroreflection (i.e., initial minimum 

photometric performance requirements) 

of the FRA standard were set forth in 

Table 1 of the proposed rule. In other 

words, the proposed rule would have 

allowed the use of any ASTM D 4956 

‘‘Type’’ of material provided the 

material met the color requirements for 

yellow or white specified in the ASTM 

standard and FRA’s specific 

photometric performance requirements. 

As such, the proposed rule 

contemplated the use of both metalized 

and unmetalized microprismatic 

retroreflective material. 

Although the final rule retained the 

initial minimum coefficient of 

retroreflection values (i.e., minimum 

photometric performance requirements) 

of the proposed rule, paragraph (c) of 

this section was revised with the intent 

to clarify an ambiguity in the proposed 

rule’s color requirement. Specifically, in 

response to the NPRM, Avery Dennison, 

a manufacturer of retroreflective 

material, pointed out that ASTM 

standard D 4956 contains three yellow 

color standards, all referencing the same 

chromaticity coordinates, but with three 

different daytime luminance factors 

(Y%). See document no. 98 in the 

Federal Register / Vol. 70, No. 208 / Friday, October 28, 2005 / Rules and Regulations 62169 

7Type VI material is a unique material typically 

used for temporary roll-up warning signs, traffic 

cone collars and post bands, and would not be 

suitable for use on rail equipment; accordingly, 

even though the durability requirements of Type VI 

sheeting are identical to Type V’s requirements, it 

is irrelevant for purposes of this rule. In addition, 

FRA notes that the new Type X sheeting’s 

durability requirements are identical to Type V’s 

requirements, but, at this time, FRA can make no 

recommendation as to its suitability for use on rail 

cars. 

docket of this proceeding. Avery 

Dennison further explained that if FRA 

did not specify a minimum Y% for the 

yellow retroreflective sheeting 

contemplated by the rule, retroreflective 

sheeting that appeared brown could 

meet the stated color requirement. 

Accordingly, Avery Dennison 

recommended that FRA adopt a 

minimum Y% of 12 for yellow sheeting. 

This Y% of 12 is the minimum Y% 

specified in both ASTM D 4956–01a and 

ASTM D 4956–04 for yellow, Type V 

sheeting. 

In response to Avery Dennison’s 

comments and in an attempt to clarify 

this ambiguity, as well as to ensure that 

only high-contrast colored sheeting 

would meet the performance 

requirements of the rule, in the final 

rule FRA modified the performance 

requirements contained in paragraph (c) 

to specify that retroreflective sheeting 

applied pursuant to the rule must meet 

the performance requirements (except 

for the minimum photometric 

performance requirements) of Type V 

sheeting as defined in ASTM Standard 

D 4956–01a. The intent of this revision 

was merely to clarify the retroreflective 

material performance requirements 

contemplated by the proposed rule, not 

to change the requirements or limit the 

number of materials that would meet 

these requirements. However, when 

FRA revised paragraph (c) to require 

compliance with ‘‘Type V’’ performance 

requirements, FRA unintentionally did 

more than clarify the requirements of 

the proposed rule by indicating a 

minimum Y% as recommended by 

Avery Dennison; FRA not only 

incorporated Type V’s minimum Y%, 

but by the nature of specifying ‘‘Type 

V,’’ incorporated Type V’s maximum 

Y% as well. The maximum Y% for 

yellow, Type V sheeting is 30. See Table 

12 of ASTM D 4956–04. As 3M noted 

in its petition, this maximum Y% of 30 

is well below the maximum Y% 

specified for ordinary-colored yellow 

non-metalized material in ASTM D 

4956–01a and –04 and the maximum 

Y% of 30 is also well below the 

minimum Y% specified in ASTM D 

4956–04 for fluorescent yellow nonmetalized material. See Tables 6, 10 and 

14 of ASTM D 4956–04. Thus, by 

incorporating both the minimum and 

maximum Y% of Type V retroreflective 

materials (the only metalized 

retroreflective material included in the 

ASTM specification), FRA effectively 

precluded the use of some ordinarycolored non-metalized materials and the 

use of fluorescent yellow retroreflective 

material. 

As explained in section 4 of the 

ASTM standard, ‘‘[t]ypes are 

determined by conformance to the 

retroreflectance, color, and durability 

requirements listed’’ in the standard. 

Because the final rule specifies initial 

minimum coefficient of retroreflectance 

values, the applicable ASTM 

requirements relate to the color and 

durability of the retroreflective material. 

Specifically, by requiring that 

retroreflective sheeting meet the color 

and durability requirements of ASTM 

Type V sheeting, the final rule 

effectively requires that retroreflective 

material (1) have a minimum Y% of 12 

and maximum Y% of 30; (2) conform to 

specific chromaticity coordinates; (3) 

after an outdoor weathering period of 36 

months, maintain its color within the 

specified color box (determined by the 

chromaticity coordinates) and within 

the specified Y% range; and (4) after the 

specified outdoor weathering period 

have a coefficient of retroreflection 

equal to at least 80% of that specified 

in Table 1 of the final rule. See §§ 6.1.5, 

6.3, 6.4 and 6.5 of ASTM D 4956–04. 

In comments submitted to the docket 

in support of its petition, 3M noted that 

excluding materials with lower 

durability requirements (i.e., ASTM 

Types I and II materials), the durability 

requirements for the remaining Types of 

sheeting specified in ASTM D 4956 

(e.g., Types III, IV, V, VII, VIII and IX) 

are identical.7 See document no. 133 in 

the docket of this proceeding. Given that 

the final rule itself specifies the required 

initial minimum coefficient of 

retroreflectance values for the 

retroreflective material, 3M further 

noted that the only remaining difference 

among the five types of sheeting having 

the same durability requirements as 

Type V is the Y%. 3M explained that 

‘‘the minimum-maximum daytime 

luminance ranges for Type V and III 

sheeting are lower than that of nonmetallized prismatic Types IV, VII, VIII 

and IX because Type V and Type III 

were established for sheetings with 

metallic coatings, which tend to appear 

greyer in daylight than do nonmetallized construction.’’ 3M further 

explained that metalizing lowers the 

daytime luminance of retroreflective 

sheeting. Accordingly, 3M indicated 

that non-metalized yellow sheeting can 

have substantially higher Y% values 

without losing colorfastness. This fact is 

evidenced by ASTM’s inclusion of 

multiple Y% requirements for different 

types of sheeting in the D 4956 

Standard. See Tables 6, 10, 12 and 14 

in ASTM Standard D 4956–04. As 

explained above, however, despite these 

differing Y% requirements for metalized 

and non-metalized retroreflective 

sheeting, the sheeting must meet the 

same durability (i.e., weathering and 

colorfastness) requirements as metalized 

sheeting. 

With regard to fluorescent yellow 

sheeting, the second point raised in 

3M’s petition, FRA notes that 

fluorescence is a daytime phenomenon, 

i.e., fluorescence increases daytime 

conspicuity, but has virtually no effect 

at night. Accordingly, in both the NPRM 

and in the preamble to the final rule, 

although FRA acknowledged the 

potential benefit of fluorescent 

retroreflective material, FRA did not 

require the use of such material. Instead, 

FRA specifically stated that although 

fluorescent material is not required 

under the rule, it may be used if it meets 

all of the requirements of the rule. See 

68 FR 62954 and 70 FR 155. 

As explained above, however, an 

inconsistency exists between FRA’s 

stated intent to allow, but not require, 

fluorescent material and the final rule’s 

requirement that retroreflective sheeting 

meet the performance requirements 

(except for the initial minimum 

photometric performance requirements) 

of ASTM D 4956 Type V sheeting. 

Specifically, fluorescent retroreflective 

materials are characterized by high Y% 

values (i.e., high daytime luminance 

factors) and, according to 3M, ‘‘there is 

no way to supply a high visibility 

fluorescent yellow material with 

daytime luminance values as low as the 

range set for Type V sheeting.’’

As noted above, the most recent 

ASTM D 4956 standard (D 4956–04) 

provides specifications for certain types 

of non-metalized fluorescent 

retroreflective sheeting (i.e., Types IV, 

VI, VII, VIII, IX and X). See Table 14 of 

ASTM D 4956–04 (requiring a minimum 

Y% of 45 for fluorescent yellow 

material). ASTM D 4956–04 specifically 

provides that the Y% values for 

fluorescent material equal ‘‘the sum of 

the reflectance luminance factor [Yr] 

and fluorescence luminance factor [Yf].’’

See § 7.4 and Table 14 of ASTM D 

4956–04. In other words, Yr + Yf = Yt. 

Because fluorescence is only present 

during the day, the Yf component of the 

Y% value of fluorescent material is 

irrelevant to nighttime conspicuity. 

Accordingly, fluorescent yellow 

material with a minimum Y% value of 

45 (above the maximum allowable for 

62170 Federal Register / Vol. 70, No. 208 / Friday, October 28, 2005 / Rules and Regulations 

8Consistent with the revised performance 

requirements of paragraph (c), paragraph (b) of this 

section which sets forth the color requirements, has 

been revised to allow for the use of fluorescent 

yellow retroreflective material, as well as ordinarycolored yellow material and white material. 

Type V material), may appear brighter 

than required by the final rule during 

the day but at night the fluorescent 

luminance (Yf) will be virtually lost and 

the material will have the same 

reflectance luminance (Yr) as an 

ordinary-colored (non-fluorescent) 

yellow material. 

Because both materials (ordinarycolored yellow metalized materials and 

fluorescent yellow non-metalized 

material) would have the same 

nighttime effectiveness and would have 

to meet the same durability 

requirements of the ASTM specification, 

FRA does not believe that it is 

reasonable to exclude fluorescent 

yellow non-metalized material from the 

rule. Accordingly, the requirements of 

paragraph (c) of § 224.103 have been 

revised to allow the use of white, 

yellow, or fluorescent yellow, metalized 

or non-metalized retroreflective 

sheeting, that meets the durability 

requirements of Type V sheeting and the 

initial minimum coefficient of 

retroreflection values (i.e., initial 

minimum photometric performance 

requirements) specified in Table 1 of the 

final rule. Specifically, paragraph (c) has 

been revised to require that 

retroreflective sheeting ‘‘meet the 

requirements of ASTM D 4956–04, for 

Type V Sheeting if metalized or Type 

VII Sheeting if non-metallized, except 

for the initial minimum values of the 

coefficient of retroreflection, and shall, 

as initially applied, meet the minimum 

values for the coefficient of 

retroreflection specified in Table 1 of 

the rule. FRA notes that 3M 

recommended requiring conformance to 

ASTM Type IV requirements for nonmetalized material. FRA has chosen not 

to follow 3M’s specific recommendation 

in this instance because Type IV 

material may not meet the initial 

minimum photometric performance 

requirements specified in the rule. See 

Table 9 of ASTM D 4956–04. FRA notes, 

however, because the ASTM D 4956–04 

color and durability requirements for 

Type IV material are exactly the same as 

Type VII material, if a Type IV material 

meets the initial minimum coefficient of 

retroreflection values specified in the 

rule, its use would be acceptable.8

As explained in the NPRM and the 

preamble to the final rule, the 

construction, color, and performance 

standards set forth in this rule are 

designed to ensure that retroreflective 

material applied pursuant to this rule is 

durable enough to withstand the harsh 

railroad operating environment and 

maintain sufficient levels of reflectivity 

throughout the useful life of the 

material. FRA notes, however, that it is 

the responsibility of the retroreflective 

material manufacturer and the customer 

to determine the suitability of particular 

materials for use on freight rolling stock. 

FRA recognizes that many freight rolling 

stock owners already have extensive 

experience using various types of 

reflective materials on their equipment 

in specific service environments. FRA 

recognizes that these owners understand 

the harsh conditions associated with 

railroad operations that may affect the 

performance of the retroreflective 

material, particularly the power 

washing of equipment, the extensive 

exposure of the equipment to various 

harsh chemicals and thawing sheds. 

Accordingly, freight rolling stock 

owners are encouraged to exercise their 

knowledge based on past experience 

with particular products and the 

particular operating environment 

parameters when choosing a 

retroreflective material to apply to their 

equipment. 

As noted in the NPRM and the 

preamble to the final rule, the 

responsibility for compliance with the 

construction, color, and performance 

requirements of the retroreflective 

sheeting used to comply with this rule 

rests upon the manufacturers of the 

sheeting. In accordance with 

§ 224.103(d), the manufacturers who are 

providing retroreflective sheeting to the 

railroad industry must certify their 

products’ compliance with § 224.103 by 

indelibly marking the material with the 

characters ‘‘FRA–224’’ constituting the 

manufacturer’s certification that the 

retroreflective sheeting conforms to the 

construction, color, and performance 

requirements of the rule and meets or 

exceeds the requirements of the ASTM 

specification incorporated into the rule. 

Sheeting which does not contain the 

‘‘FRA–224’’ mark as specified in 

§ 224.103(d) does not comply with the 

rule, should not be sold to customers in 

the rail industry for purposes of 

compliance with this rule, and cannot 

be validly certified as compliant with 

the rule. In addition, if a manufacturer 

supplies retroreflective sheeting to a 

customer for the purpose of compliance 

with this rule, FRA expects that the 

material being supplied meets the color, 

construction, and performance 

requirements of this rule and that the 

particular type of material has been 

successfully tested in accordance with 

the ASTM standard incorporated into 

the rule. FRA also expects that a 

manufacturer of retroreflective sheeting 

would make available to customers all 

test verification data demonstrating that 

the sheeting complies with the rule and 

the ASTM specification incorporated 

into the rule. FRA encourages freight 

rolling stock owners to request such 

data from manufacturers when making 

the decision to purchase a particular 

type of retroreflective material. 

Section 224.105 Sheeting dimensions 

and quantity 

This section of the final rule 

described the general standards for the 

pattern of retroreflective material 

application for freight rolling stock, 

dimensions of individual pieces of 

retroreflective sheeting, and the 

minimum quantity of retroreflective 

sheeting required on each side of a 

freight car or locomotive. Specifically, 

this section of the final rule required 

that with certain exceptions, 

retroreflective sheeting applied 

pursuant to this part be 4 inches wide 

and 18 or 36 inches long. This section 

of the final rule also provided that 

retroreflective sheeting must be applied 

along the length of freight car and 

locomotive sides and that the amount of 

retroreflective sheeting required to be 

applied, is dependent on the length of 

the car or locomotive and the color of 

the sheeting. Table 2 of this section 

specified the minimum square footage 

of sheeting required on each car or 

locomotive side. 

As explained in the preamble to the 

final rule, FRA chose to require 

relatively large-sized reflectors in order 

to minimize the degradation rate of 

individual strips of retroreflective 

sheeting. Requiring retroreflective 

sheeting of certain dimensions, along 

with a specific pattern of application as 

provided in § 224.106, also ensures that 

to the extent possible a uniform pattern 

of reflectorization will be present 

throughout the entire freight rolling 

stock fleet subject to this rule. The 

importance of achieving a relatively 

uniform pattern of reflectorization is 

discussed in detail in the preambles to 

both the NPRM and the final rule. See 

68 FR 62948 and 70 FR 159. 

Although in its petition AAR 

specifically recognizes FRA’s rationale 

for establishing minimum dimensions 

for retroreflective sheeting strips, AAR 

asked FRA to reconsider § 224.105, 

expressing the view that ‘‘there is no 

logic to establishing a maximum size’’

for the strips and noting that several 

railroads would like to use continuous 

strips of retroreflective sheeting on 

locomotives. Accordingly, AAR 

recommended that this section be 

revised to require that retroreflective 

Federal Register / Vol. 70, No. 208 / Friday, October 28, 2005 / Rules and Regulations 62171 

9Paragraph (d) of § 224.103 provides, in part, that 

‘‘[t]he characters ‘‘FRA–224’’, constituting the 

manufacturer’s certification that the retroreflective 

sheeting conforms to the requirements of 

paragraphs (a) through (c) of this section.’’

Paragraph (a) contains the construction 

requirements; paragraph (b) contains the color 

requirements; and paragraph (c) contains the 

performance requirements. 

sheeting be applied in strips ‘‘no less 

than 4 inches wide and 18 inches long.’’

Because FRA continues to believe that 

it is necessary to specify the dimensions 

of retroreflective sheeting to be applied 

in most instances under the rule, FRA 

has not adopted AAR’s specific 

suggested revisions to § 224.105. 

Nonetheless, FRA does recognize that 

due to the physical configuration of 

various car types, application of 4x18 

inch or 4x36 inch strips of 

retroreflective material may not always 

be the best pattern of application (e.g., 

if a car has an eight-inch wide side sill, 

it may make more sense to apply 

retroreflective material in eight inch 

wide strips, as opposed to two four-inch 

wide strips stacked horizontally above 

each other). Accordingly, FRA has 

revised § 224.105 to provide, in part, 

that ‘‘[u]nless otherwise specified, 

retroreflective sheeting applied under 

this part shall be applied in strips 4 

inches wide and 18 or 36 inches long, 

as practicable.’’ (Emphasis added). With 

this revision, FRA intends that in most 

instances, retroreflective material will 

be applied to freight car sides in 4x18 

inch or 4x36 inch strips; however, the 

phrase ‘‘as practicable’’ has been added 

to provide freight car owners and 

railroads with some amount of 

flexibility in the size of individual 

pieces of retroreflective sheeting applied 

to freight rolling stock. FRA encourages 

freight rolling stock owners and 

railroads who intend to apply 

retroreflective material to their 

equipment in sizes other than 4x18 inch 

or 4x36 inches to contact FRA’s, Office 

of Safety, Motive, Power, and 

Equipment Division for advice on the 

material’s application. 

FRA continues to recognize, as noted 

in the NPRM and the preamble to the 

final rule, that the conspicuity issues 

surrounding locomotives differ from the 

issues surrounding freight cars. 

Accordingly, as discussed in the 

analysis of § 224.106 below, FRA has 

revised the retroreflective sheeting 

application requirements applicable to 

locomotives to make it clear that 

application of a continuous strip of 

retroreflective sheeting along the length 

of locomotive sides (as opposed to 

separate 4x18 inch or 4x36 inch strips 

of retroreflective sheeting) will meet the 

requirements of the rule. 

At least one manufacturer of 

retroreflective material has expressed 

concern regarding certifying 

retroreflective material as compliant 

with this rule if that material is other 

than four inches wide (e.g., 8 inches 

wide). See document no. 136 in the 

docket of this proceeding. As discussed 

above in the analysis of § 224.103, in 

accordance with paragraph (d) of that 

section, manufacturers are required to 

certify their products’ compliance with 

the construction, color, and 

performance requirements of the rule. 

Manufacturers are not required to certify 

compliance with the specific size 

standards of the rule.9 In other words, 

a manufacturer could certify 8 inch 

wide retroreflective material as 

compliant with part 224, provided the 

material meets the requirements of 

§§ 224.103(a)–(c). FRA cautions, 

however, that paragraph (d) of § 224.103 

also requires that the certification mark 

appear ‘‘at least once on the exposed 

surface of each piece of sheeting in the 

final application.’’ In other words, if 

retroreflective sheeting is other than 

four inches wide, the ‘‘FRA–224’’

certification mark must still appear at 

least once on that piece of sheeting as 

it is applied on the sides of freight 

rolling stock. 

Section 224.106 Location of 

retroreflective sheeting 

This section sets forth specific 

patterns for the application of 

retroreflective material to various types 

of freight cars, as well as locomotives. 

Specifically, paragraph (a) of this 

section provides that retroreflective 

sheeting must be located clear of 

appurtenances and devices such as 

ladders and other safety appliances or 

attachments that may obscure its 

visibility. Paragraph (a) also provides 

that retroreflective sheeting need not be 

applied over existing or required car 

stencils or markings, nor must the 

sheeting be applied to discontinuous 

surfaces such as bolts, rivets, door 

hinges, or other irregularly shaped areas 

that may prevent the sheeting from 

adhering to the car sides. TTX 

petitioned for reconsideration of this 

provision, noting that although the 

section provided that retroreflective 

sheeting ‘‘need not be applied over 

existing or required car stencils and 

markings,’’ § 224.106(a)(1)(i), (ii), (2), 

and (3) mandate that retroreflective 

strips be applied no more than 12 feet 

apart along the length of car sides. TTX 

then noted that ‘‘in the event there are 

stencils, appurtenances, and 

discontinuous surfaces for a continuous 

space of 12 feet or more on the only 

available car side, it is not clear whether 

the car owner must move stencils to 

affix the reflectors or whether the 

presence of those obstructions vitiates 

the 12-foot requirement.’’ FRA does not 

intend that a car owner or railroad 

would ever have to move existing 

stencils to accommodate the 

retroreflective material required under 

this part; such a requirement would not 

be cost-effective. Accordingly, FRA has 

revised paragraph (a) to make it clear 

that if it is not practicable to apply 

retroreflective material every 12 feet 

along the length of car sides ‘‘because of 

existing stencils, appurtenances, or 

discontinuous surfaces, the sheeting 

shall be applied at the next smallest 

interval practicable.’’ For example, if a 

car has a continuous space of 13 feet 

occupied by stencils, appurtenances, 

and/or other discontinuous surfaces, 

then FRA would expect retroreflective 

material to be applied on either side of 

such space, as close as practicable to 12 

feet, without interfering with the 

occupied surfaces. Paragraphs (a)(1)(i), 

(a)(1)(ii), (2) and (3) have also been 

revised to be consistent with this 

revision to paragraph (a). Freight rolling 

stock owners with cars that are unable 

to meet the 12-foot spacing requirement 

are encouraged to request guidance on 

sheeting application from FRA’s Office 

of Safety, Motive Power and Equipment 

Division. 

To accommodate cars with limited 

unoccupied surface space suitable for 

attaching reflectors, paragraph (a) of this 

section of the final rule specifically 

provided that if necessary to avoid 

appurtenances, discontinuous surfaces, 

or existing or required car markings or 

stencils, 4x18 inch strips could be 

separated into two 4x9 inch strips and 

likewise 4x36 inch strips could be 

separated into four 4x9 inch strips. The 

4x9 inch strips could then be applied on 

either side of the interfering 

appurtenance, discontinuous surface, or 

car making or stencil. Although FRA has 

not changed the substance of this 

provision of the final rule, FRA has 

revised the sixth sentence of the 

introductory text in paragraph (a) to 

provide that if it is ‘‘necessary to avoid 

appurtenances, discontinuous surfaces 

or existing or required car markings or 

stencils, 4x18 or 4x36 inch strips of 

retroreflective material may be divided 

into 4x9 inch strips and applied on 

either side of the appurtenance, 

discontinuous surface, or car markings 

or stencils, as practicable.’’ FRA 

believes that this revised wording is 

both consistent with the final rule and 

clearer than FRA’s original wording. 

Paragraph (a) also sets forth the 

specific pattern of application for 

railroad freight cars generally (e.g., box 

62172 Federal Register / Vol. 70, No. 208 / Friday, October 28, 2005 / Rules and Regulations 

10 In the preamble to the final rule, FRA stated 

that ‘‘most locomotives already reflectorized in the 

course of voluntary reflectorization programs are 

equipped with * * * reflective material applied 

along the length of the locomotive sides at platform 

height, exactly the pattern contemplated by this 

final rule.’’ 70 FR 162. 

cars, gondola cars, and other similarly 

configured cars), tank cars, flat cars, and 

‘‘cars of special construction’’. As 

applied to freight cars, other than flat 

cars and tank cars, paragraph (a)(1) 

provides for either a vertical or 

horizontal pattern of retroreflective 

sheeting along the length of the car 

sides, with the bottom edge of the 

sheeting as close as practicable to 42 

inches from the top of the rail, but not 

below the side sill. In its petition, AAR 

noted an inconsistency in paragraph 

(a)(1)(ii) of this section setting forth the 

general rule for horizontal placement of 

retroreflective sheeting on freight cars. 

Specifically, AAR pointed out that 

paragraph (a)(1)(ii) required at least two 

4x18 inch strips to be placed ‘‘one above 

the other’’ at each car end. Figures 4, 5, 

and 6 depicting the horizontal 

placement pattern on a typical box car, 

covered hopper car, and gondola car, 

however, show the end strips next to 

each other, not above each other. 

Accordingly, AAR recommended that 

paragraph (a)(1)(ii) be revised to allow 

two 4x18 inch strips to be applied either 

one above the other or next to each 

other. FRA notes this was an 

inadvertent inconsistency in the final 

rule and FRA’s intent was to allow the 

placement of one 4x36 inch strip, or two 

4x18 inch strips either above each other, 

or next to each other, as close to each 

end of the car as practicable. 

Accordingly, paragraph (a)(1)(ii) has 

been revised to allow ‘‘two 4x18 inch 

strips, one above or next to the other 

* * * as close to each end of the car as 

practicable.’’

Paragraph (a)(2) addresses tank cars 

and provides two options for applying 

retroreflective sheeting to such cars. 

First, sheeting may be applied vertically 

along the car sides and centered on the 

horizontal centerline of the tank, or as 

near as practicable. Second, the final 

rule provided that if it was not 

practicable to safely apply the sheeting 

centered on the horizontal centerline of 

the tank, the sheeting could be applied 

vertically with its top edge ‘‘no higher’’

than the horizontal centerline of the 

tank. FRA notes, however, that this 

second option was worded 

inconsistently with FRA’s intent as 

explained in the preamble to the final 

rule. Specifically, FRA intended that as 

an alternative to centering the sheeting 

on the horizontal centerline of the tank, 

the sheeting could be applied with its 

top edge ‘‘no lower’’ than the horizontal 

centerline of the tank. See 70 FR 161. 

Accordingly, paragraph (a)(2) of this 

section has been revised to correct this 

error. 

Paragraph (a)(3) addresses flat cars 

(defined to include spine cars, 

articulated and multi-unit articulated 

cars) and provides for a horizontal 

pattern of retroreflective material along 

the length of flat cars’ side sills, with the 

bottom edge of the sheeting no lower 

than the bottom of the side sill and the 

top edge of the sheeting no higher than 

the top of the car deck or floor. Both 

TTX and AAR petitioned for 

reconsideration of this requirement, 

noting that cars such as spine cars and 

skeleton log flat cars do not have side 

sills running the entire length of the 

cars. According to AAR and TTX, these 

cars have ‘‘very short side sills at the 

ends of the car’’ and the only part of the 

car between the end side sills to which 

retroreflective sheeting could be applied 

is the center sill. Accordingly, both TTX 

and AAR recommended that if a flat car 

does not have a continuous side sill, the 

rule should permit retroreflective 

sheeting to be applied to the center sill, 

provided that the sheeting is not 

obscured by other components. FRA 

agrees with the concerns of AAR and 

TTX regarding flat cars without 

continuous side sills, and accordingly, 

paragraph (a)(3) of the final rule has 

been revised to allow for placement of 

retroreflective sheeting to ‘‘other 

surfaces inboard of the sides, such as 

the center sill,’’ so long as the sheeting 

is not obscured by other parts of the car. 

For additional advice concerning the 

application of material to flat cars that 

do not have continuous side sills, 

freight rolling stock owners are 

encouraged to contact FRA’s Office of 

Safety, Motive Power & Equipment 

Division for guidance. 

Paragraph (b) of § 224.106 of the final 

rule addresses the reflectorization 

pattern of locomotives. As explained in 

the NPRM and the preamble to the final 

rule, FRA recognizes that the 

conspicuity issues surrounding 

locomotives differ from the issues 

surrounding freight cars. Accordingly, 

in the final rule FRA provided a more 

flexible approach to the reflectorization 

of locomotives, requiring only that 

retroreflective material be spaced as 

uniformly as practicable along the 

length of locomotive sides and applied 

as close as practicable to 42 inches 

above the top of the rail. As indicated 

in the discussion of § 224.105 above, 

AAR petitioned for reconsideration of 

this requirement, noting the desire of 

several railroads to use continuous 

strips of retroreflective material on 

locomotives, as opposed to individual 

strips of 4x18 or 4x36 inches of 

material. AAR also pointed out that in 

the preamble to the final rule, FRA 

contemplated the use of continuous 

striping on locomotives.10 AAR is 

correct in this regard. In the final rule, 

FRA intended to allow the use of 

continuous retroreflective sheeting 

strips along the entire length of 

locomotive sides. Accordingly 

paragraph (b) has been revised to clarify 

this intent and now explicitly provides 

two alternatives for reflectorizing 

locomotives. Specifically, paragraph (b) 

requires that locomotives be equipped 

with the specified minimum amounts of 

retroreflective material on each side, as 

close as practicable to 42 inches from 

the top of the rail, ‘‘either (1) in strips 

four inches wide and 18 or 36 inches 

long and spaced as uniformly as 

practicable along the length of the 

locomotive sides, or (2) in one 

continuous strip, at least four inches 

wide, along the length of the 

locomotive.’’

Section 224.107 Implementation 

Schedule 

This section of the final rule generally 

required that all freight cars subject to 

this part be equipped with 

retroreflective sheeting conforming to 

this part within approximately ten years 

of the effective date of the final rule (i.e., 

by May 31, 2015), and similarly that all 

locomotives subject to this part be 

equipped within approximately five 

years (i.e., by May 31, 2010). FRA has 

retained these general time frames, but 

the exact compliance dates have been 

revised consistent with the rule’s 

effective date. 

The final rule provided two options 

for the timing of applying the required 

retroreflective material to existing 

freight cars and locomotives not already 

equipped with reflective material. First, 

freight rolling stock owners could 

follow the ‘‘default’’ schedules of 

§ 224.107(a)(2)(i) (for freight cars) or 

§ 224.107(b)(2)(i) (for locomotives). The 

default schedule of paragraph (a)(2)(i) of 

the final rule required that 

retroreflective sheeting be applied to an 

existing non-reflectorized freight car, at 

the earliest of two events: (1) when the 

car is repainted or rebuilt, or (2) within 

nine months after the car first undergoes 

a single car air brake test (SCABT). This 

default schedule for reflectorizing 

freight cars was designed to allow car 

owners and railroads the ability to apply 

retroreflective material while a car is out 

of service for other maintenance or 

repair reasons, thereby eliminating the 

Federal Register / Vol. 70, No. 208 / Friday, October 28, 2005 / Rules and Regulations 62173 

11The form Reflectorization Implementation 

Compliance Report is contained in Appendix B to 

the final rule. 

need to take a car out of service for the 

specific purpose of applying 

retroreflective material. 

The default schedule of paragraph 

(b)(2)(i) of the final rule required that 

retroreflective sheeting be applied to 

existing non-reflectorized locomotives 

no later than the first biennial (182 day) 

inspection performed pursuant to 49 

CFR 229.29 occurring after the effective 

date of the final rule. Again, FRA 

intended this default schedule to 

prevent locomotives being taken out of 

service for the express purpose of 

applying retroreflective material and 

instead to allow for the application of 

retroreflective material while a 

locomotive is out of service for routine 

maintenance purposes. AAR petitioned 

for reconsideration of paragraph 

(b)(2)(i), noting that although 

locomotives are normally inspected 

indoors, cold weather may still prevent 

the application of retroreflective 

material during even an indoor 

inspection. For example, in its petition, 

AAR explained that in January 2005, the 

Canadian Pacific Railroad brought a 

locomotive indoors when the outside 

temperature was –7.6 °F. After one hour, 

the locomotive’s temperature was 

33.2 °F and after seven hours, the 

locomotive’s temperature was 43 °F, 

below 3M’s recommended 45 °F 

threshold for applying sheeting to rail 

cars referenced in the preamble to the 

final rule. See 70 FR 163. Although FRA 

notes that prior to publication of the 

final rule, 3M submitted information to 

the docket noting that due to ‘‘recent 

technological developments’’ the 

recommended minimum application 

temperature for certain types of 

retroreflective sheeting had decreased to 

35 °F (see document 120 in the docket), 

FRA agrees with AAR’s concern 

regarding tape application on cold 

surfaces and believes that it is 

reasonable to take weather conditions 

into account when applying 

retroreflective material, not only to 

freight cars, but to locomotives as well. 

Accordingly, consistent with the freight 

car provision of paragraph (a)(2)(i), 

paragraph (b)(2)(i) has been revised to 

require that retroreflective sheeting be 

applied to existing locomotives not 

equipped with conforming 

retroreflective sheeting ‘‘not later than 

nine months after the first biennial 

inspection performed pursuant to 49 

CFR 229.29’’ occurring after the 

effective date of the rule. 

As alternatives to the default 

schedules of paragraphs (a)(2)(i) and 

(b)(2)(i), paragraphs (a)(2)(ii) and 

(b)(2)(ii) of this section of the final rule 

provided a more flexible option of 

allowing freight rolling stock owners to 

effectively ‘‘opt-out’’ of the default 

schedules and implement their own 

schedule for reflectorization, provided 

certain milestones are met. Specifically, 

paragraphs (a)(2)(ii) and (b)(2)(ii) of this 

section of the final rule provided that a 

freight rolling stock owner may elect not 

to follow the default schedules of 

paragraphs (a)(2)(i) and (b)(2)(i) if, by 

July 1, 2005, the owner submitted to 

FRA an initial Reflectorization 

Implementation Compliance Report 

(Compliance Report).11 As part of the 

Compliance Report, freight rolling stock 

owners must certify that all freight 

rolling stock subject to part 224 in their 

fleet will be equipped with the 

appropriate retroreflective sheeting in 

conformance with the schedules set 

forth in Table 3 of the rule (for freight 

cars) and Table 4 of the rule (for 

locomotives). Although FRA has 

retained the same general filing 

requirements and time periods for 

compliance as those in the final rule, 

FRA has revised the specific compliance 

dates to reflect the delay in beginning 

the implementation of the rule caused 

by the stay of effectiveness published on 

May 26, 2005. As noted in the preamble 

to the final rule (70 FR 164) in keeping 

with the requirements of the Paperwork 

Reduction Act and the Government 

Paperwork Elimination Act, FRA is 

providing freight rolling stock owners 

the option of submitting Compliance 

Reports to FRA electronically. 

Appendix C contains guidelines for 

submitting Compliance Reports to FRA, 

both electronically and in paper format. 

FRA intends to revise these guidelines 

as the system for electronic reporting 

under this rule is developed more fully. 

FRA notes, however, that if a freight 

rolling stock owner has already filed an 

initial Compliance Report with FRA 

prior to publication of these guidelines, 

there is no need for that owner to 

submit to FRA another initial 

Compliance Report. 

FRA notes that to date it appears that 

there has been some confusion among 

freight rolling stock owners as to who is 

required to file Compliance Reports 

with FRA. First, in accordance with the 

final rule only freight rolling stock 

owners who elect to follow the 

implementation schedules of 

§§ 224.107(a)(2)(i) or (b)(2)(i) or who are 

seeking grandfathered status for existing 

freight rolling stock already equipped 

with certain types of reflective material 

under §§ 224.107(a)(3) or (b)(3) are 

required to file Compliance Reports. 

FRA also notes that by completing the 

certification section of the report (Part 

IV of FRA Form F6180.113) the freight 

rolling stock owner is affirmatively 

representing to the FRA that freight 

rolling stock in its fleet will be 

reflectorized in accordance with the 

alternative schedules of 

§§ 224.107(a)(2)(i) or (b)(2)(i). FRA 

encourages freight rolling stock owners 

who choose to file an initial Compliance 

Report with FRA, but who do not 

manage the maintenance or use of their 

fleet (because of lease arrangements or 

otherwise), to take efforts to ensure that 

the party the owner holds responsible 

for the maintenance or use of the 

equipment is properly adhering to the 

requirements of the alternative 

schedule. 

Paragraph (b)(4) of this section in the 

final rule provided that certain small 

railroads could take an additional five 

years to bring their locomotive fleets 

into compliance with the rule. 

Specifically, paragraph (b)(4) provided 

that railroads with fewer than 400,000 

annual employee work hours that do not 

share locomotive power with a railroad 

with 400,000 or more annual employee 

work hours may take up to ten years to 

bring their locomotive fleets into 

compliance with the rule. Because a 

railroad’s level of annual employee 

work hours may change over time, FRA 

has revised this paragraph to make it 

clear that for purposes of this rule, a 

railroad’s size will be determined based 

on its size as of December 31, 2004. 

Section 224.109 Inspection, repair, 

and replacement 

This section of the final rule sets forth 

the requirements for the periodic 

inspection and maintenance of 

retroreflective material on freight rolling 

stock. Paragraph (a) of § 224.109 of the 

final rule required that retroreflective 

sheeting on freight cars subject to this 

part be visually inspected for presence 

and condition whenever a car undergoes 

a single car air brake test (SCABT) 

required under 49 CFR 232.305. 

Similarly, paragraph (b) required that 

retroreflective sheeting on locomotives 

subject to this part be visually inspected 

for presence and condition whenever 

the locomotive undergoes an annual 

inspection required under 49 CFR 

229.27. Both paragraphs (a) and (b) 

required that if, upon inspection, more 

than 20 percent of the amount of 

sheeting required on either side of a car 

or locomotive under § 224.105 is found 

to be ‘‘damaged, obscured, or missing,’’

that sheeting must be repaired or 

replaced. Specifically, paragraph (a) 

required the railroad or contractor 

performing the SCABT to inspect the car 

for presence and condition of the 

62174 Federal Register / Vol. 70, No. 208 / Friday, October 28, 2005 / Rules and Regulations 

12As noted in the discussion of § 224.5 above, 

FRA has also reviewed the final rule to include a 

definition of ‘‘Universal Machine Language 

Equipment Register.’’

required retroreflective material. If the 

inspecting railroad or contractor 

determines that maintenance is 

necessary, the railroad or contractor is 

required to promptly notify the car 

owner of the missing, damaged, or 

obscured sheeting, and car owners are 

afforded nine months from the date they 

are notified of the defective condition of 

the material to properly repair or 

replace the material. Paragraph (b) 

required that ‘‘damaged, obscured, or 

missing’’ sheeting on locomotives be 

repaired or replaced at the time of 

inspection, or if conditions at the time 

of the inspection were such that 

adequate repairs cannot be made, the 

material could be repaired or replaced 

‘‘at the next forward location where 

conditions permit.’’ AAR petitioned 

FRA for reconsideration of several 

aspects of this section. 

First, AAR expressed the view that 

the 20% maintenance threshold for both 

freight cars and locomotives is 

ambiguous. AAR explained that 

§ 224.109’s provision requiring 

maintenance if ‘‘more than 20 percent of 

the amount of sheeting required under 

§ 224.105 on either side of a car is 

damaged, obscured, or missing’’ does 

not account for the amount of sheeting 

put on a rail car in the first place. In 

other words, AAR noted that as written, 

§ 224.109 could require the repair or 

replacement of sheeting even if the 

amount of sheeting in good condition on 

a rail car or locomotive were more than 

what is required by § 224.105. For 

example, AAR explained that ‘‘a 

locomotive might have twice the 

amount of sheeting required by section 

224.105. If 25 percent of the amount of 

sheeting required under section 224.105 

became defective, the locomotive would 

still have sheeting in good condition 

amounting to 175 percent of what is 

required by section 224.105. Yet, 

subsection 224.109(b) arguably requires 

the repair or replacement of the 

defective sheeting.’’ This result was not 

FRA’s intent. As explained in the 

preamble to the final rule, FRA required 

approximately 30% more material on 

each side of most typically-sized freight 

rolling stock than research 

demonstrated was necessary to provide 

adequate reflectorization. See 70 FR 

168. By requiring 30% more 

retroreflective material than necessary, 

if 20% or less of that amount of required 

material is damaged, obscured, or 

missing, the remaining reflective 

material could still provide sufficient 

reflectivity, even if further damage 

occurred before maintenance was 

performed on the material (assuming the 

material is relatively evenly spread the 

length of the rail car or locomotive 

sides). Accordingly, FRA agrees with 

AAR’s concern and § 224.109 has been 

revised to require the repair or 

replacement of retroreflective material 

on both freight cars and locomotives, 

when at the time of inspection, ‘‘less 

than 80 percent’’ of the minimum 

amount of sheeting required by 

§ 224.105 on each car or locomotive side 

is present, not damaged, and not 

obscured. 

Second, AAR noted that the 

maintenance threshold in § 224.109 is 

based on the amount of sheeting 

required by § 224.105 (i.e., the 

minimum amount of retroreflective 

sheeting required on existing cars 

reflectorized pursuant to the rule), but 

the section does not address 

grandfathered equipment. As AAR 

noted in its petition, § 224.107 of the 

final rule—not § 224.105—addresses the 

amount of sheeting required for 

grandfathered equipment. Because FRA 

agrees with AAR’s point that the 

maintenance threshold for 

grandfathered equipment needs to be 

clarified in the rule, FRA has revised 

§ 224.109 to require the repair or 

replacement of retroreflective material 

on both freight cars and locomotives 

grandfathered under the rule when, at 

the time of inspection, ‘‘less than 80%’’

of the minimum amount of sheeting 

required by § 224.107 on each car or 

locomotive side is present, not 

damaged, and not obscured. owners 

Next, AAR expressed the view that 

§ 224.109’s requirement that the 

inspecting railroad or contractor notify 

the ‘‘car owner’’ of damaged, obscured, 

or missing sheeting is ambiguous. In 

support of this view, AAR noted that 

§ 224.5 defines ‘‘freight rolling stock 

owner’’ to potentially include many 

entities other than the actual owner of 

the freight rolling stock (e.g., lessee of 

freight rolling stock, person who 

manages the maintenance or use of the 

freight rolling stock on behalf of an 

owner or one or more lessors or lessees) 

and that the rule is unclear which entity 

the inspecting railroad or contractor 

should notify in the event the 

retroreflective material on a car requires 

maintenance. AAR noted that the entity 

conducting the inspection of a freight 

car would have ‘‘no way of knowing, 

with certainty, all the entities that could 

be considered freight rolling stock 

owners’’ and that ‘‘there is no need to 

require the inspecting entity to notify 

multiple companies of the need for 

maintenance.’’ As a solution to this 

ambiguity, citing the Office Manual of 

the A.A.R. Interchange rules (Rule 

112.G.7 (Jan. 1, 2005 edition)), AAR 

noted that industry rules provide that 

the entity responsible for the reporting 

mark of a rail car is responsible for 

maintenance of that car. Accordingly, 

AAR recommended that § 224.109 be 

revised to require the inspecting 

railroad or contractor to report the need 

for reflector maintenance to the owner 

of a car’s reporting mark as indicated in 

AAR’s Universal Machine Language 

Equipment Register (UMLER). FRA 

agrees with AAR’s suggested revision 

and accordingly § 224.109(a) has been 

revised to require the inspecting 

railroad or contractor to notify ‘‘the 

entity responsible for the reporting 

mark, as indicated in the Universal 

Machine Language Equipment Register’’

of the damaged, missing or obscured 

material.12

Finally, AAR expressed the view that 

requiring the repair or replacement of 

retroreflective sheeting on locomotives 

at the time of the annual inspection, or 

‘‘the next forward location where 

conditions permit,’’ is ‘‘inadequate’’

because there is ‘‘no assurance that the 

next forward location where ‘conditions 

permit’ would be equipped to maintain 

(or install) retroreflective sheeting.’’

Accordingly, AAR expressed the view 

that railroads should be afforded the 

same nine-month window freight car 

owners have to repair or replace 

retroreflective sheeting needing 

maintenance. FRA agrees with AAR’s 

concern and, accordingly, § 224.109(b) 

has been revised to provide a ninemonth maintenance window for 

locomotives, similar to that for freight 

cars. 

Section 224.111 Renewal 

This section of the final rule requires 

that all retroreflective sheeting required 

under this part, regardless of its 

condition, be replaced with new 

conforming sheeting, no later than ten 

years after the date of initial installation. 

As explained in the NPRM and the 

preamble to the final rule, this 10-year 

renewal period is based on most 

manufacturers’ stated useful life of 

retroreflective material. AAR petitioned 

for reconsideration of this section 

expressing the view that this section 

would require the removal of existing 

sheeting in order to replace it at the end 

of ten years. As stated elsewhere in the 

rule, FRA does not intend to require the 

removal of existing sheeting at the end 

of ten years, if that sheeting does not 

interfere with the application of new 

sheeting. See §§ 224.107(a) and (b). 

Accordingly, this section has been 

Federal Register / Vol. 70, No. 208 / Friday, October 28, 2005 / Rules and Regulations 62175 

revised to make it clear that at the time 

of replacement, it is not necessary to 

remove the old sheeting unless it 

interferes with the placement of the new 

sheeting, but at the end of a 10-year 

period, the old sheeting shall not be 

considered in calculating the amount of 

retroreflective material required under 

this part. 

Regulatory Impact and Notices 

A. Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

Prior to issuing the January 3, 2005 

final rule, FRA prepared and placed in 

the docket a regulatory analysis 

addressing the economic impact of the 

final rule. The rule was evaluated in 

accordance with existing policies and 

procedures and was considered to be 

non-significant under both Executive 

Order 12866 and DOT policies and 

procedures. For a more detailed 

discussion see 70 FR 168. This response 

to the petitions for reconsideration of 

the final rule is likewise considered to 

be non-significant under both Executive 

Order 12866 and DOT policies and 

procedures. This regulatory action 

generally clarifies the requirements 

contained in the rule or allows for 

greater flexibility in complying with the 

rule. 

B. Regulatory Flexibility Act of 1980 and 

Executive Order 13272 

The Regulatory Flexibility Act of 1980 

(5 U.S.C. 601–612) requires a review of 

final rules to assess their impact on 

small entities. Prior to issuing the 

January 3, 2005 final rule, FRA prepared 

and placed in the docket a regulatory 

flexibility analysis which assessed the 

small entity impact by the rule. FRA 

certified that the final rule is not 

expected to have a ‘‘significant’’

economic impact on a ‘‘substantial’’

number of small entities under the 

Regulatory Flexibility Act and Executive 

Order 13272. For a more detailed 

discussion, see 70 FR 169. This 

response to the petitions for 

reconsideration of the final rule 

generally clarifies the requirements 

contained in the rule or allows for 

greater flexibility in complying with the 

rule. Consequently, FRA certifies that 

this regulatory action is not expected to 

have a ‘‘significant’’ economic impact 

on a ‘‘substantial’’ number of small 

entities under the Regulatory Flexibility 

Act and Executive Order 13272. 

C. Paperwork Reduction Act of 1995 

This response to the petitions for 

reconsideration of the final rule does 

not change the information collection 

requirements contained in the original 

final rule. 

D. Federalism Implications 

Executive Order 13132, entitled 

‘‘Federalism,’’ provides in part that, to 

the extent practicable, no agency shall 

promulgate any regulation that has 

federalism implications, that imposes 

substantial direct compliance costs on 

State and local governments, and that is 

not required by statute, unless the 

Federal Government provides the funds 

necessary to pay the direct compliance 

costs incurred by State and local 

governments, or the agency consults 

with State and local officials early in the 

process of developing the proposed 

regulation. As stated in the preamble to 

the final rule, FRA believes that this 

final rule will not have federalism 

implications that impose substantial 

direct compliance costs on State and 

local governments, and that this action 

is in compliance with Executive Order 

13132. See 70 FR 170. The amendments 

contained in this response to the 

petitions for reconsideration to the final 

rule generally clarify requirements 

currently contained in the rule or allow 

for greater flexibility in complying with 

the rule. 

E. Environmental Impact 

FRA has evaluated this action in 

accordance with its ‘‘Procedures for 

Considering Environmental Impacts’’

(FRA’s Procedures) (64 FR 28545; May 

26, 1999) as required by the National 

Environmental Policy Act (42 U.S.C. 

4321 et seq.), other environmental 

statutes, Executive Orders, and related 

regulatory requirements. FRA has 

determined that this action is not a 

major FRA action requiring the 

preparation of an environmental impact 

statement or environmental assessment 

because it is categorically excluded from 

detailed environmental review pursuant 

to section 4(c) of FRA’s procedures. 64 

FR 28547, May 26, 1999. FRA has 

further considered this final rule in 

accordance with sections 4(c) and (e) of 

FRA’s Procedures to determine if 

extraordinary circumstances exist with 

respect to this final rule that might 

trigger the need for a more detailed 

environmental review. After conducting 

this review, FRA has determined that 

extraordinary circumstances do not 

exist that might trigger the need for a 

more detailed environmental review. As 

a result, FRA finds that this regulation 

is not a major Federal action 

significantly affecting the quality of the 

human environment. 

F. Unfunded Mandates Reform Act of 

1995 

Pursuant to the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4) each 

Federal agency ‘‘shall, unless otherwise 

prohibited by law, assess the effects of 

Federal Regulatory actions on State, 

local, and tribal governments, and the 

private sector (other than to the extent 

that such regulations incorporate 

requirements specifically set forth in 

law).’’ Sec. 201. Section 202 of the Act 

further requires that ‘‘before 

promulgating any general notice of 

proposed rulemaking that is likely to 

result in promulgation of any rule that 

includes any Federal mandate that may 

result in the expenditure by State, local, 

and tribal governments, in the aggregate, 

or by the private sector, of $120,700,000 

or more (as adjusted for inflation) in any 

1 year, and before promulgating any 

final rule for which a general notice of 

proposed rulemaking was published, 

the agency shall prepare a written 

statement’’ detailing the effect on State, 

local, and tribal governments and the 

private sector. This proposed rule will 

not result in the expenditure, in the 

aggregate, of $120,700,000 or more in 

any one year, and thus preparation of 

such a statement is not required. 

G. Energy Impact 

Executive Order 13211 requires 

Federal agencies to prepare a Statement 

of Energy Effects for any ‘‘significant 

energy action.’’ 66 FR 28355, May 22, 

2001. Under the Executive Order, a 

‘‘significant energy action’’ is defined as 

any action by an agency (normally 

published in the Federal Register) that 

promulgates or is expected to lead to the 

promulgation of a final rule or 

regulation, including notices of inquiry, 

advance notices of proposed 

rulemaking, and notices of proposed 

rulemaking: (1)(i) That is a significant 

regulatory action under Executive Order 

12866 or any successor order, and (ii) 

that is likely to have a significant 

adverse effect on the supply, 

distribution, or use of energy; or (2) that 

is designated by the Administrator of 

the Office of Information and Regulatory 

Affairs as a significant energy action. 

FRA has evaluated this response to 

petitions for reconsideration of the final 

rule in accordance with Executive Order 

13211, and has determined that this 

regulatory action is not a ‘‘significant 

energy action’’ within the meaning of 

the Executive Order. 

H. Privacy Act 

Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by the 

62176 Federal Register / Vol. 70, No. 208 / Friday, October 28, 2005 / Rules and Regulations 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association or 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78) or you 

may visit http://dms.dot.gov. 

List of Subjects in 49 CFR Part 224 

Incorporation by reference, Penalties, 

Railroad locomotive safety, Railroad 

safety, and Reporting and recordkeeping 

requirements. 

The Rule 

■ In consideration of the foregoing, 

effective November 28, 2005, the stay of 

effectiveness of 49 CFR part 224 is lifted 

and chapter II, subtitle B, of title 49, 

Code of Federal Regulations is revised 

to read as follows: 

PART 224—REFLECTORIZATION OF 

RAIL FREIGHT ROLLING STOCK 

Subpart A—General 

Sec. 

224.1 Purpose and scope. 

224.3 Applicability. 

224.5 Definitions. 

224.7 Waivers. 

224.9 Responsibility for compliance. 

224.11 Penalties. 

224.13 Preemptive effect. 

224.15 Special approval procedures. 

Subpart B—Application, Inspection, and 

Maintenance of Retroreflective Material 

224.101 General requirements. 

224.103 Characteristics of retroreflective 

sheeting. 

224.105 Sheeting dimensions and quantity. 

224.106 Location of retroreflective sheeting. 

224.107 Implementation schedule. 

224.109 Inspection, repair, and 

replacement. 

224.111 Renewal. 

Appendix A to Part 224—Schedule of Civil 

Penalties 

Appendix B to Part 224—Form 

Reflectorization Implementation 

Compliance Report 

Appendix C to Part 224—Guidelines for 

Submitting Reflectorization 

Implementation Compliance Reports 

Authority: 49 U.S.C. 20103, 20107, 20148 

and 21301; 28 U.S.C. 2461; and 49 CFR 1.49. 

Subpart A—General 

§ 224.1 Purpose and scope. 

(a) The purpose of this part is to 

reduce highway-rail grade crossing 

accidents and deaths, injuries, and 

property damage resulting from those 

accidents, by enhancing the conspicuity 

of rail freight rolling stock so as to 

increase its detectability by motor 

vehicle operators at night and under 

conditions of poor visibility. 

(b) In order to achieve cost-effective 

mitigation of collision risk at highwayrail grade crossings, this part establishes 

the duties of freight rolling stock owners 

(including those who manage 

maintenance of freight rolling stock, 

supply freight rolling stock for 

transportation, or offer freight rolling 

stock in transportation) and railroads to 

progressively apply retroreflective 

material to freight rolling stock, and to 

periodically inspect and maintain that 

material. Freight rolling stock owners, 

however, are under no duty to install, 

clean or otherwise maintain, or repair 

reflective material except as specified in 

this part. 

(c) This part establishes a schedule for 

the application of retroreflective 

material to rail freight rolling stock and 

prescribes standards for the application, 

inspection, and maintenance of 

retroreflective material to rail freight 

rolling stock for the purpose of 

enhancing its detectability at highwayrail grade crossings. This part does not 

restrict a freight rolling stock owner or 

railroad from applying retroreflective 

material to freight rolling stock for other 

purposes if not inconsistent with the 

recognizable pattern required by this 

part. 

§ 224.3 Applicability. 

This part applies to all railroad freight 

cars and locomotives that operate over 

a public or private highway-rail grade 

crossing and are used for revenue or 

work train service, except: 

(a) Freight rolling stock that operates 

only on track inside an installation that 

is not part of the general railroad system 

of transportation; 

(b) Rapid transit operations in an 

urban area that are not connected to the 

general railroad system of 

transportation; 

(c) Locomotives and passenger cars 

used exclusively in passenger service; or 

(d) Freight rolling stock that is subject 

to a reflectorization requirement 

promulgated by another Federal agency. 

§ 224.5 Definitions. 

Administrator means the 

Administrator of the Federal Railroad 

Administration or the Administrator’s 

delegate. 

Associate Administrator means the 

Associate Administrator for Safety, 

Federal Railroad Administration, or the 

Associate Administrator’s delegate. 

Damaged means scratched, broken, 

chipped, peeled, or delaminated. 

Flat car means a car having a flat floor 

or deck on the underframe with no 

sides, ends or roof (including spine cars, 

articulated and mult-unit intermodal 

cars). 

Freight rolling stock means: 

(1) Any locomotive subject to Part 229 

of this chapter used to haul or switch 

freight cars (whether in revenue or work 

train service); and 

(2) Any railroad freight car (whether 

used in revenue or work train service). 

Freight rolling stock owner means any 

person who owns freight rolling stock, 

is a lessee of freight rolling stock, 

manages the maintenance or use of 

freight rolling stock on behalf of an 

owner or one or more lessors or lessees, 

or otherwise controls the maintenance 

or use of freight rolling stock. 

Locomotive has the meaning assigned 

by § 229.5 of this chapter, but for 

purposes of this part applies only to a 

locomotive used in the transportation of 

freight or the operation of a work train. 

Obscured means concealed or hidden 

(i.e., covered up, as where a layer of 

paint or dense chemical residue blocks 

all incoming light); this term does not 

refer to ordinary accumulations of dirt, 

grime, or ice resulting from the normal 

railroad operating environment. 

Person means an entity of any type 

covered under 1 U.S.C. 1, including but 

not limited to the following: A railroad; 

a manager, supervisor, official, or other 

employee or agent of a railroad; any 

owner, manufacturer, lessor, or lessee of 

railroad equipment, track or facilities; 

any independent contractor providing 

goods or services to a railroad; and any 

employee of such an owner, 

manufacturer, lessor, lessee, or 

independent contractor. 

Railroad means all forms of nonhighway ground transportation that run 

on rails or electromagnetic guideways, 

including high speed ground 

transportation systems that connect 

metropolitan areas, without regard to 

whether they use new technologies not 

associated with traditional railroads. 

Railroad freight car has the meaning 

assigned by § 215.5 of this chapter. 

Tank car means a rail car, the body 

of which consists of a tank for 

transporting liquids. 

Universal Machine Language 

Equipment Register means the database 

containing information on rail 

equipment maintained by the 

Association of American Railroads. 

Unqualified Retroreflective Sheeting 

means engineering grade sheeting, super 

engineering grade sheeting (enclosed 

lens) or high-intensity type sheeting 

(ASTM Type I, II, III, or IV Sheeting) as 

described in ASTM International 

Standard D–4956–04, ‘‘Standard 

Specification for Retroreflective 

Sheeting for Traffic Control.’’

Work train means a non-revenue 

service train used for the maintenance 

and upkeep service of the railroad. 

Federal Register / Vol. 70, No. 208 / Friday, October 28, 2005 / Rules and Regulations 62177 

§ 224.7 Waivers. 

(a) Any person subject to a 

requirement of this part may petition 

the Administrator for a waiver of 

compliance with such requirement. The 

filing of such a petition does not affect 

that person’s responsibility for 

compliance with that requirement while 

the petition is being considered. 

(b) Each petition for waiver under this 

section shall be filed in the manner and 

contain the information required by part 

211 of this chapter. 

(c) If the Administrator finds that a 

waiver of compliance is in the public 

interest and is consistent with railroad 

safety, the Administrator may grant the 

waiver subject to any conditions that the 

Administrator deems necessary. 

§ 224.9 Responsibility for compliance. 

(a) Freight rolling stock owners, 

railroads, and (with respect to 

certification of material) manufacturers 

of retroreflective material, are primarily 

responsible for compliance with this 

part. However, any person that performs 

any function or task required by this 

part (including any employee, agent, or 

contractor of the aforementioned), must 

perform that function in accordance 

with this part. 

(b) Any person performing any 

function or task required by this part 

shall be deemed to have consented to 

FRA inspection of the person’s facilities 

and records to the extent necessary to 

determine whether the function or task 

is being performed in accordance with 

the requirements of this part. 

§ 224.11 Penalties. 

(a) Any person (including but not 

limited to a railroad; any manager, 

supervisor, official, or other employee 

or agent of a railroad; any owner, 

manufacturer, lessor, or lessee of 

railroad equipment, track, or facilities; 

any employee of such owner, 

manufacturer, lessor, lessee, or 

independent contractor) who violates 

any requirement of this part or causes 

the violation of any such requirement is 

subject to a civil penalty of at least $550, 

but not more than $11,000 per violation, 

except that: Penalties may be assessed 

against individuals only for willful 

violations, and, where a grossly 

negligent violation or a pattern of 

repeated violations has created an 

imminent hazard of death or injury to 

persons, or has caused death or injury, 

a penalty not to exceed $27,000 per 

violation may be assessed. Each day a 

violation continues shall constitute a 

separate offense. Appendix A to this 

part contains a schedule of civil penalty 

amounts used in connection with this 

part. 

(b) Any person who knowingly and 

willfully falsifies a record or report 

required by this part is subject to 

criminal penalties under 49 U.S.C. 

21311. 

§ 224.13 Preemptive effect. 

Under 49 U.S.C. 20106, issuance of 

this part preempts any State law, rule, 

regulation, or order covering the same 

subject matter, except an additional or 

more stringent law, rule, regulation, or 

order that is necessary to eliminate or 

reduce an essentially local safety 

hazard; that is not incompatible with a 

law, rule, regulation, or order of the 

United States Government; and that 

does not unreasonably burden interstate 

commerce. 

§ 224.15 Special approval procedures. 

(a) General. The following procedures 

govern consideration and action upon 

requests for special approval of 

alternative standards under § 224.103(e). 

(b) Petitions. (1) Each petition for 

special approval of an alternative 

standard shall contain—

(i) The name, title, address, and 

telephone number of the primary person 

to be contacted with regard to the 

petition; 

(ii) The alternative proposed, in 

detail, to be substituted for the 

particular requirements of this part; and 

(iii) Appropriate data and analysis 

establishing that the alternative will 

provide at least an equivalent level of 

safety and meet the requirements of 

§ 224.103(e). 

(2) Three copies of each petition for 

special approval of an alternative 

standard shall be submitted to the 

Docket Clerk, Office of Chief Counsel, 

Federal Railroad Administration, RCC–

10, Mail Stop 10, 1120 Vermont Ave., 

NW., Washington, DC 20590. 

(c) Notice. FRA will publish a notice 

in the Federal Register concerning each 

petition under paragraph (b) of this 

section. 

(d) Public comment. FRA will provide 

a period of not less than 30 days from 

the date of publication of the notice in 

the Federal Register during which any 

person may comment on the petition. 

(1) Each comment shall set forth 

specifically the basis upon which it is 

made, and contain a concise statement 

of the interest of the commenter in the 

proceeding. 

(2) Each comment shall be submitted 

to the DOT Central Docket Management 

System, Nassif Building, Room PL–401, 

400 Seventh Street, SW., Washington, 

DC 20590, and shall contain the 

assigned docket number which appears 

in the Federal Register for that 

proceeding. The form of such 

submission may be in written or 

electronic form consistent with the 

standards and requirements established 

by the Central Docket Management 

System and posted on its Web site at 

http://dms.dot.gov. 

(3) In the event FRA determines that 

it requires additional information to 

appropriately consider the petition, FRA 

will conduct a hearing on the petition 

in accordance with the procedures 

provided in § 211.25 of this chapter. 

(e) Disposition of petitions. (1) If FRA 

finds that the petition complies with the 

requirements of this section and that the 

proposed alternative standard is 

acceptable or changes are justified, or 

both, the petition will be granted, 

normally within 90 days of its receipt. 

The Associate Administrator may 

determine the applicability of other 

technical requirements of this part when 

rendering a decision on the petition. If 

the petition is neither granted nor 

denied within 90 days, the petition 

remains pending for decision. FRA may 

attach special conditions to the approval 

of the petition. Following the approval 

of a petition, FRA may reopen 

consideration of the petition for cause 

stated. 

(2) If FRA finds that the petition does 

not comply with the requirements of 

this section, or that the proposed 

alternative standard is not acceptable or 

that the proposed changes are not 

justified, or both, the petition will be 

denied, normally within 90 days of its 

receipt. 

(3) When FRA grants or denies a 

petition, or reopens consideration of a 

petition, written notice is sent to the 

petitioner and other interested parties 

and a copy of the notice is placed in the 

electronic docket of the proceeding. 

Subpart B—Application, Inspection, 

and Maintenance of Retroreflective 

Material 

§ 224.101 General requirements. 

All rail freight rolling stock subject to 

this part shall be equipped with 

retroreflective sheeting that conforms to 

the requirements of this part. 

Notwithstanding any other provision of 

this chapter, the application, inspection, 

and maintenance of that sheeting shall 

be conducted in accordance with this 

subpart or in accordance with an 

alternative standard providing at least 

an equivalent level of safety after special 

approval of FRA under § 224.15. 

§ 224.103 Characteristics of retroreflective 

sheeting. 

(a) Construction. Retroreflective 

sheeting applied pursuant to this part 

shall consist of a smooth, flat, 

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transparent exterior film with 

microprismatic retroreflective elements 

embedded in or suspended beneath the 

film so as to form a non-exposed 

retroreflective optical system. 

(b) Color. Retroreflective sheeting 

applied pursuant to this part shall be 

yellow, fluorescent yellow, or white as 

specified by the chromaticity 

coordinates of ASTM International’s 

Standard D 4956–04, ‘‘Standard 

Specification for Retroreflective 

Sheeting for Traffic Control.’’ The 

Director of the Federal Register 

approves the incorporation by reference 

of this standard in this section in 

accordance with 5 U.S.C. 552(a) and 1 

CFR part 51. You may obtain a copy of 

the incorporated standard from ASTM 

International, 100 Barr Harbor Drive, 

P.O. Box C700, West Conshohocken, PA 

19428–2959 or at http://www.astm.org. 

You may inspect a copy of the 

incorporated standard at the Federal 

Railroad Administration, Docket Clerk, 

1120 Vermont Ave., NW., Suite 7000, or 

at the National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to http://www.archives.gov/ 

federal_register/code_of_federal_ 

regulations/ibr_locations.html. 

(c) Performance. Retroreflective 

sheeting applied pursuant to this part 

shall meet the requirements of ASTM D 

4956–04, for Type V Sheeting if 

metalized or Type VII Sheeting if nonmetalized, except for the initial 

minimum values of the coefficient of 

retroreflection, and shall, as initially 

applied, meet the minimum values for 

the coefficient of retroreflection 

specified in Table 1 of this subpart. 

TABLE 1 OF SUBPART B.—MINIMUM COEFFICIENT OF RETROREFLECTION (RA) (IN CANDELA/LUX/METER2) REQUIREMENT

FOR RETROREFLECTIVE SHEETING (MINIMUM PHOTOMETRIC PERFORMANCE REQUIREMENTS) 

Entrance angle 

Observation angle 

0.2 Degree 0.5 Degree 

Yellow or fluorescent yellow White Yellow or fluorescent yellow White 

¥4° .................................................................................................................. 400 600 100 160 

30° .................................................................................................................... 220 350 45 75 

(d) Certification. The characters 

‘‘FRA–224’’, constituting the 

manufacturer’s certification that the 

retroreflective sheeting conforms to the 

requirements of paragraphs (a) through 

(c) of this section, shall appear at least 

once on the exposed surface of each 

piece of sheeting in the final 

application. The characters shall be a 

minimum of three millimeters high, and 

shall be permanently stamped, etched, 

molded, or printed within the product 

and each certification shall be spaced no 

more than four inches apart. 

(e) Alternative standards. Upon 

petition by a freight rolling stock owner 

or railroad under § 224.15, the Associate 

Administrator may approve an 

alternative technology as providing 

equivalent safety. Any such petition 

shall provide data and analysis 

sufficient to establish that the 

technology will result in conspicuity 

and durability at least equal to sheeting 

described in paragraphs (a) through (c) 

applied in accordance with this part and 

will present a recognizable visual target 

that is suitably consistent with freight 

rolling stock equipped with 

retroreflective sheeting meeting the 

technical requirements of this part to 

provide the intended warning to 

motorists. 

§ 224.105 Sheeting dimensions and 

quantity. 

Retroreflective sheeting shall be 

applied along the length of each railroad 

freight car and locomotive side as 

described in § 224.106. Unless 

otherwise specified, retroreflective 

sheeting applied under this part shall be 

applied in strips 4 inches wide and 18 

or 36 inches long, as practicable. The 

amount of retroreflective sheeting to be 

applied to each car or locomotive 

subject to this part is dependent on the 

length of the car or locomotive and the 

color of the sheeting. For purposes of 

this part, the length of a railroad freight 

car or locomotive is measured from 

endsill to endsill, exclusive of the 

coupler and draft gear. Each side of a 

railroad freight car subject to this part, 

including each unit of multi-unit cars, 

and each side of a locomotive subject to 

this part must be equipped with at least 

the minimum amount of retroreflective 

sheeting specified in Table 2 of this 

subpart. 

TABLE 2 OF SUBPART B.—MINIMUM QUANTITY REQUIREMENT FOR RETROREFLECTIVE SHEETING ON FREIGHT ROLLING

STOCK

Freight car or locomotive length 

Minimum area of retroreflective 

sheeting required (per car/locomotive side)—yellow 

sheeting (ft 2) 

Minimum area of retroreflective 

sheeting required (per car/locomotive side)—white sheeting 

(ft 2) 

Less than 50 ft. 3.5 4.0 

Over 50 ft. to 60 ft. 4.0 5.0 

Over 60 ft. to 70 ft. 4.5 5.5 

Over 70 ft. to 80 ft. 5.0 6.0 

Over 80 ft. to 90 ft. 5.5 7.0 

Over 90 ft. to 100 ft. 1 .......................................................................................... 6.0 7.5 

1Freight cars or locomotives over 100 ft. in length must be equipped with an additional one-half a square foot of sheeting on each side for 

every additional 10 feet of length. 

Federal Register / Vol. 70, No. 208 / Friday, October 28, 2005 / Rules and Regulations 62179 

§ 224.106 Location of retroreflective 

sheeting. 

(a) Railroad freight cars. The 

retroreflective sheeting shall be applied 

along the length of each railroad freight 

car side in the manner provided by a 

uniform industry standard accepted by 

the Associate Administrator that 

provides for distribution of material 

along the length of each car and as close 

as practicable to 42 inches above the top 

of rail. In the event such a standard is 

not proffered by industry or accepted by 

the Associate Administrator, the criteria 

set forth in this subpart shall apply. 

Retroreflective sheeting applied under 

this part must be located clear of 

appurtenances and devices such as 

ladders and other safety appliances, 

pipes, or other attachments that may 

obscure its visibility. Retroreflective 

sheeting need not be applied to 

discontinuous surfaces such as bolts, 

rivets, door hinges, or other irregularly 

shaped areas that may prevent the 

sheeting from adhering to the car sides. 

In addition, retroreflective sheeting 

need not be applied over existing or 

required car stencils and markings. If 

necessary to avoid appurtenances, 

discontinuous surfaces, or existing or 

required car markings or stencils, 4x18 

and 4x36 inch strips of retroreflective 

material may be divided into 4x9 inch 

strips and applied on either side of the 

appurtenance, discontinuous surface, or 

car markings or stencils, as practicable. 

Unless otherwise specified, 

retroreflective sheeting shall be applied 

along the sides of freight rolling stock at 

intervals not to exceed every 12 feet, as 

practicable. If it is not practicable to 

apply retroreflective sheeting every 12 

feet because of existing stencils, 

appurtenances, or discontinuous 

surfaces, the sheeting shall be applied at 

the next smallest interval practicable. 

(1) General rule. On railroad freight 

cars other than flat cars and tank cars, 

retroreflective sheeting shall be applied 

in either a vertical or horizontal pattern 

along the length of the car sides, with 

the bottom edge of the sheeting as close 

as practicable to 42 inches above the top 

of rail. Retroreflective sheeting shall not 

be applied below the side sill. 

(i) Vertical application. If 

retroreflective sheeting is applied in a 

vertical pattern, at least one 4x36 inch 

strip or two 4x18 inch strips, one above 

the other, shall be applied as close to 

each end of the car as practicable. 

Between these two vertical end strips, a 

minimum of one 4x18 inch strip shall 

be applied at least every 12 feet, as 

practicable. See Figures 1, 2 and 3. 

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(ii) Horizontal application. If 

retroreflective sheeting is applied in a 

horizontal pattern, at least one 4x36 

inch strip, or two 4x18 inch strips, one 

above or next to the other, shall be 

applied as close to each end of the car 


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as practicable. Between these end strips, 

a minimum of one 4x18 inch strip shall 

be applied at least every 12 feet, as 

practicable. See Figures 4, 5, and 6. 


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(2) Tank cars. On tank cars, 

retroreflective sheeting shall be applied 

vertically to each car side and centered 

on the horizontal centerline of the tank, 

or as near as practicable. If it is not 

practicable to safely apply the sheeting 


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centered vertically about the horizontal 

centerline of the tank, the sheeting may 

be applied vertically with its top edge 

no lower than the horizontal centerline 

of the tank. A minimum of either one 

4x36 inch strip or two 4x18 inch strips, 

one above the other, shall be applied as 

close to each end of the car as 

practicable. Between these two end 

strips, a minimum of one 4x18 inch 

strip shall be applied at least every 12 

feet, as practicable. Retroreflective 

sheeting applied under this part shall 

not be located in the spillage area 

directly beneath the manway used to 

load and unload the tank. See Figures 7 

and 8. 

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BILLING CODE 4910–06–C (3) Flat cars. On flat cars, 

retroreflective sheeting shall be applied 

in a horizontal pattern along the length 

of the side sill with the bottom edge of 


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the sheeting no lower than the bottom 

of the side sill and the top edge of the 

sheeting no higher than the top of the 

car deck or floor. At least two 4x18 inch 

strips, one above the other, shall be 

applied as close to each end of the car 

as practicable. If the side sill is less than 

8 inches wide, one 4x36 inch strip, or 

two 4x18 inch strips may be applied one 

next to the other, dividing the strips into 

nine inch segments as necessary in 

accordance with paragraph (a) of this 

section. Between the two end strips, a 

minimum of one 4x18 inch strip shall 

be applied at least every 12 feet, as 

practicable. See Figure 9. If a car has a 

separate rack structure, retroreflective 

sheeting may be applied to the flat car 

portion only in accordance with the 

requirements of this section. For cars 

without continuous side sills, 

retroreflective sheeting may be applied 

to other surfaces inboard of the sides, 

such as the center sill, provided that the 

sheeting is not obscured by other 

components. 

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(4) Cars of special construction. This 

paragraph applies to any car the design 

of which is not compatible with the 

patterns of application otherwise 

provided in this section. Retroreflective 

sheeting shall conform as closely as 


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practicable to the requirements of 

paragraphs (a)(1) through (a)(3) of this 

section and shall have the minimum 

amount of sheeting described in 

§ 224.105 distributed along the length of 

each car side. 

(b) Locomotives. Locomotives subject 

to this part shall be equipped with at 

least the minimum amounts of 

retroreflective sheeting required by 

§ 224.105 either in strips four inches 

wide and 18 or 36 inches long and 

spaced as uniformly as practicable along 

the length of the locomotive sides, or in 

one continuous strip, at least four 

inches wide, along the length of the 

locomotive. Retroreflective sheeting 

applied to locomotive sides shall be 

applied as close as practicable to 42 

inches from the top of the rail. 

§ 224.107 Implementation schedule. 

(a) Railroad freight cars. All railroad 

freight cars subject to this part must be 

equipped with retroreflective sheeting 

conforming to this part by November 28, 

2015. If a car already has reflective 

material applied that does not meet the 

standards of this part, it is not necessary 

to remove the material unless its 

placement interferes with the placement 

of the sheeting required by this part. 

(1) New cars. Retroreflective sheeting 

conforming to this part must be applied 

to all cars constructed after January 26, 

2006, before the cars are placed in 

service. 

(2) Existing cars without 

retroreflective sheeting. (i) If, as of 

October 28, 2005, a car subject to this 

part is not equipped on each side with 

at least one square foot of retroreflective 

sheeting as specified in paragraph (a)(3) 

of this section, retroreflective sheeting 

conforming to this part must be applied 

to the car at the earliest of the following 

two occasions occurring after November 

28, 2005 or in accordance with 

paragraph (a)(2)(ii) of this section: 

(A) When the car is repainted or 

rebuilt; or 

(B) Within nine months (270 calendar 

days) after the car first undergoes a 

single car air brake test as prescribed by 

49 CFR 232.305. 

(ii) A freight rolling stock owner may 

elect not to follow the schedule in 

paragraph (a)(2)(i) of this section if, not 

later than January 26, 2006 the freight 

rolling stock owner submits to FRA a 

completed Reflectorization 

Implementation Compliance Report 

certifying that the cars in the owner’s 

fleet subject to this part will be 

equipped with retroreflective sheeting 

as required by this part in accordance 

with the schedule specified in Table 3 

of this section. See Appendix B of this 

part for Reflectorization Implementation 

Compliance Report form. 

TABLE 3 OF SUBPART B.—ALTERNATIVE SCHEDULE FOR APPLICATION

OF RETROREFLECTIVE MATERIAL TO

FREIGHT CARS PER

§ 224.107(A)(2)(II) 

(A) 1 (B) 

(percent) 

November 28, 2007 .................. 20 

November 28, 2008 .................. 30 

November 28, 2009 .................. 40 

November 28, 2010 .................. 50 

November 28, 2011 .................. 60 

November 28, 2012 .................. 70 

November 28, 2013 .................. 80 

November 28, 2014 .................. 90 

November 28, 2015 .................. 100 

1 Column (A) indicates the date by which the 

minimum percentage of an owner’s freight 

cars specified in column (B) must be equipped 

with retroreflective sheeting conforming to this 

part. 

Thereafter, 

(A) The designated fleet shall be 

equipped with retroreflective sheeting 

according to the schedule specified in 

Table 3 of this section; 

(B) No later than January 28, 2008, the 

freight rolling stock owner shall submit 

to FRA an updated Reflectorization 

Implementation Compliance Report 

showing which cars of the fleet subject 

to this part were equipped with 

retroreflective sheeting as required by 

this part during the initial 24-month 

implementation period. Thereafter, 

updated Reflectorization 

Implementation Compliance Reports 

shall be submitted annually, no later 

than December 31 of each year for the 

duration of the 10-year implementation 

period. See Appendix B of this part. 

(C) If, following the conclusion of the 

initial 24-month period or any 12-month 

period thereafter, the percentage 

requirements of this section have not 

been met—

(1) The freight rolling stock owner 

shall be considered in violation of this 

part; 

(2) The freight rolling stock owner 

shall, within 60 days after the close of 

the period, report the failure to the 

Associate Administrator; 

(3) The requirements of paragraph 

(a)(2)(i) shall apply to all railroad freight 

cars subject to this part in the freight 

rolling stock owner’s fleet; and 

(4) The fleet owner shall take such 

additional action as may be necessary to 

achieve future compliance. 

(D) Cars to be retired shall be 

included in the fleet total until they are 

retired. 

(3) Existing cars with retroreflective 

sheeting. If as of October 28, 2005, a car 

is equipped on each side with at least 

one square foot of retroreflective 

sheeting, uniformly distributed over the 

length of each side, that car shall be 

considered in compliance with this part 

through November 28, 2015, provided 

the sheeting is not unqualified 

retroreflective sheeting, and provided 

the freight rolling stock owner files a 

completed Reflectorization 

Implementation Compliance Report 

with FRA no later than January 26, 2006 

identifying the cars already so 

equipped. See Appendix B of this part 

for Reflectorization Implementation 

Compliance form. 

(b) Locomotives. Except as provided 

in paragraph (b)(4) of this section, all 

locomotives subject to this part must be 

equipped with conforming 

retroreflective sheeting by November 28, 

2010. If a locomotive already has 

reflective material applied that does not 

meet the standards of this part, it is not 

necessary to remove the material unless 

its placement interferes with the 

placement of the sheeting required by 

this part. 

(1) New locomotives. Retroreflective 

sheeting conforming to this part must be 

applied to all locomotives constructed 

after January 26, 2006, before they are 

placed in service. 

(2) Existing locomotives without 

retroreflective sheeting. 

(i) If as of October 28, 2005 a 

locomotive subject to this part is not 

equipped with the minimum amount of 

retroreflective sheeting specified in 

paragraph (b)(3) of this section, 

retroreflective sheeting conforming to 

this part must be applied to the 

locomotive not later than nine months 

after the first biennial inspection 

performed pursuant to 49 CFR 229.29 

occurring after November 28, 2005. 

(ii) A freight rolling stock owner may 

elect not to follow the schedule in 

paragraph (b)(2)(i) of this section, if not 

later than January 26, 2006, the freight 

rolling stock owner submits to FRA a 

Reflectorization Implementation 

Compliance Report certifying that the 

locomotives in the owner’s fleet subject 

to this part will be equipped with 

retroreflective sheeting as required by 

this part in accordance with the 

schedule specified in Table 4 of this 

section. See Appendix B of this part. 

62192 Federal Register / Vol. 70, No. 208 / Friday, October 28, 2005 / Rules and Regulations 

1A penalty may be assessed against an individual 

only for a willful violation. The Administrator 

reserves the right to assess a penalty of up to $27,000 for any violation where circumstances 

warrant. See 49 CFR Part 209, Appendix A. 

TABLE 4 OF SUBPART B.—ALTERNATIVE SCHEDULE FOR APPLICATION

OF RETROREFLECTIVE MATERIAL TO

LOCOMOTIVES PER

§ 224.107(B)(2)(II) 

(A) 1 (B) 

(percent) 

November 28, 2007 .................. 40 

November 28, 2008 .................. 60 

November 28, 2009 .................. 80 

November 28, 2010 .................. 100 

1Column (A) indicates the date by which the 

minimum percentage of an owner’s locomotives specified in column (B) must be 

equipped with retroreflective sheeting conforming to this part. 

Thereafter, 

(A) The designated locomotive fleet 

shall be equipped with retroreflective 

sheeting according to the requirements 

of this paragraph (b)(2)(ii); 

(B) No later than January 28, 2008, the 

freight rolling stock owner shall submit 

to FRA an updated Reflectorization 

Implementation Compliance Report 

showing which locomotives of the fleet 

subject to this part were equipped with 

retroreflective sheeting as required by 

this part during the initial 24 month 

implementation period. Updated 

Reflectorization Implementation 

Compliance Reports shall be submitted 

annually, no later than December 31 of 

each year, for the duration of the 5-year 

implementation period. See Appendix B 

of this part. 

(C) If, following the conclusion of the 

initial 24-month period or any 12-month 

period thereafter, the percentage 

requirements of this section have not 

been met—

(1) The freight rolling stock owner 

shall be considered in violation of this 

part; 

(2) The freight rolling stock owner 

shall, within 60 days after the close of 

the period, report the failure to the 

Associate Administrator; 

(3) The requirements of paragraph 

(b)(2)(i) shall apply to all locomotives 

subject to this part in the freight rolling 

stock owner’s fleet; and 

(4) The fleet owner shall take such 

additional action as may be necessary to 

achieve future compliance. 

(D) Locomotives to be retired shall be 

included in the fleet total until they are 

retired. 

(3) Existing locomotives with 

retroreflective sheeting. If as of October 

28, 2005, a locomotive is equipped on 

each side with at least one square foot 

of retroreflective sheeting, that 

locomotive shall be considered in 

compliance with this part for through 

November 28, 2015, provided the 

existing material is not unqualified 

retroreflective sheeting, and provided 

the freight rolling stock owner files a 

Reflectorization Implementation 

Compliance Report with FRA no later 

than January 26, 2006, identifying the 

cars already so equipped. See Appendix 

B of this part. If, as of October 28, 2005, 

a locomotive is equipped with 

unqualified retroreflective sheeting, the 

locomotive will be considered in 

compliance with this part through 

November 28, 2015, provided the 

locomotive is equipped with a 

minimum of 3 square feet of 

retroreflective material on each side and 

provided the freight rolling stock owner 

files a Reflectorization Implementation 

Compliance Report with FRA no later 

than January 26, 2006, identifying the 

locomotives already so equipped. See 

Appendix B of this part. 

(4) Each railroad that has fewer than 

400,000 annual employee work hours as 

of the end of calendar year 2004, and 

does not share locomotive power with 

another railroad with 400,000 or more 

annual employee work hours, may bring 

its locomotive fleet into compliance 

according to the following schedule: 

fifty percent of the railroad’s 

locomotives must be retrofitted 

pursuant to § 224.106(b) by October 28, 

2010, and one hundred percent must be 

retrofitted pursuant to § 224.106(b) by 

October 28, 2015. If a railroad with 

fewer than 400,000 annual employee 

work hours shares locomotive power 

with a railroad with 400,000 or more 

annual employee work hours, the 

smaller railroad must comply with the 

requirements of paragraphs (b)(2) and 

(3) of this section. 

§ 224.109 Inspection, repair, and 

replacement. 

(a) Railroad freight cars. 

Retroreflective sheeting on railroad 

freight cars subject to this part must be 

visually inspected for presence and 

condition whenever a car undergoes a 

single car air brake test required under 

49 CFR 232.305. If at the time of 

inspection less than 80 percent of the 

amount of sheeting required under 

§ 224.105 (§ 224.107 in the case of 

freight cars subject to § 224.107(a)(3)) on 

either side of a car is present, not 

damaged, and not obscured, the 

inspecting railroad or contractor shall 

promptly notify the person responsible 

for the reporting mark, as indicated in 

the Universal Machine Language 

Equipment Register, of the damaged, 

obscured, or missing sheeting (unless 

the inspecting railroad or contractor is 

the person responsible for the reporting 

mark). The inspecting railroad or 

contractor shall retain a written or 

electronic copy of each such notification 

made for at least two years from the date 

of the notice and shall make these 

records available for inspection and 

copying by the FRA upon request. Any 

person notified of a defect under this 

section shall have nine months (270 

calendar days) from the date of 

notification to repair or replace the 

damaged, obscured, or missing sheeting. 

Where the inspecting railroad or 

contractor is the person responsible for 

the reporting mark, the person shall 

have nine months (270 calendar days) 

from the date of the inspection to repair 

or replace the damaged, obscured, or 

missing sheeting. 

(b) Locomotives. Retroreflective 

sheeting must be visually inspected for 

presence and condition when the 

locomotive receives the annual 

inspection required under 49 CFR 

229.27. If at the time of inspection less 

than 80 percent of the amount of 

sheeting required under § 224.105 

(§ 224.107 in the case of locomotives 

subject to § 224.107(b)(3)) on either side 

of a locomotive is present, not damaged, 

and not obscured, the damaged, 

obscured, or missing sheeting must be 

repaired or replaced within nine months 

(270 calendar days) from the date of 

inspection, provided a record of the 

defect is maintained in the locomotive 

cab or in a secure and accessible 

electronic database to which FRA is 

provided access on request. 

§ 224.111 Renewal. 

Regardless of condition, 

retroreflective sheeting required under 

this part must be replaced with new 

sheeting no later than ten years after the 

date of initial installation. At the time 

of replacement, it is not necessary to 

remove the old sheeting unless it 

interferes with the placement of the new 

sheeting, but the old sheeting shall not 

be considered in calculating the amount 

of retroreflective material required 

under this part. For purposes of this 

section, November 28, 2005, shall be 

considered the initial date of 

installation for freight cars and 

locomotives covered by § 224.107(a)(3) 

or 224.107(b)(3). 1

Appendix A to Part 224—Schedule of 

Civil Penalties 

Subpart B—Application, Inspection, 

and Maintenance of Retroreflective 

Material 

Federal Register / Vol. 70, No. 208 / Friday, October 28, 2005 / Rules and Regulations 62193 

Section Violation Willful 

violation 

§ 224.103 Characteristics of retroreflective sheeting: 

(a)–(d) Retroreflective sheeting applied does not meet the requirements of § 224.103 ......................................... $2,500 $5,000 

§ 224.105 Sheeting dimensions and quantity: 

Failure to apply minimum amount of retroreflective sheeting in accordance with Table 2 ..................................... 2,500 5,000 

Applying retroreflective sheeting of wrong dimensions ............................................................................................ 2,500 5,000 

§ 224.106 Location of retroreflective sheeting: 

(a), (b)Applying retroreflective sheeting in nonconforming pattern .......................................................................... 2,000 4,000 

§ 224.107 Implementation schedule: 

(a)(1), (b)(1) Failure to apply retroreflective sheeting to new freight car or locomotive before equipment placed 

in service ............................................................................................................................................................... 5,000 7,500 

(a)(2), (b)(2), (b)(4) Failure to apply retroreflective sheeting to existing freight car or locomotive in accordance 

with minimum schedule of paragraphs (a)(2), (b)(2), or (b)(4) ............................................................................ 5,000 7,500 

§ 224.109 Inspection, repair, and replacement: 

(a) Failure to perform inspection .............................................................................................................................. 5,000 7,500 

Failure to properly notify car owner of defect .......................................................................................................... 2,500 5,000 

Failure to retain written notification of defect for two years ..................................................................................... 1,500 2,500 

Failure to repair defect after notification .................................................................................................................. 5,000 7,500 

(b) Failure to perform inspection .............................................................................................................................. 5,000 7,500 

Failure to repair defect ............................................................................................................................................. 5,000 7,500 

Appendix B to Part 224—

Reflectorization Implementation 

Compliance Report 

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Appendix C to Part 224—Guidelines for 

Electronic Submission of 

Reflectorization Implementation 

Compliance Reports 


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Issued in Washington, DC on October 19, 

2005. 

Joseph H. Boardman, 

Administrator, Federal Railroad 

Administration. 

[FR Doc. 05–21466 Filed 10–27–05; 8:45 am] 

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