Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Rules and Regulations 6775 

The documents that the EPA relied on 

for the partial deletion of OU1 and OU3 

from the California Gulch Superfund 

Site are in the docket and are available 

to the public in the information 

repositories. A notice of availability of 

the Notice of Intent for Partial Deletion 

has been published in the Leadville 

Herald Democrat to satisfy public 

participation procedures required by 40 

CFR 300.425 (e) (4). 

The State, the Lake County 

Commissioners, the City of Leadville are 

supportive of the partial deletion of 

OU1 and OU3. The State signed a letter 

of concurrence on October 7, 2015. 

Determination That the Criteria for 

Deletion Have Been Met 

EPA has consulted with the State, 

Lake County Commissioners, and the 

City of Leadville on the proposed partial 

deletion of OU1 and OU3 of the 

California Gulch Site from the NPL prior 

to developing this Notice of Partial 

Deletion. Through the five-year reviews, 

EPA has also determined that the 

response actions taken are protective of 

public health or the environment and, 

therefore, taking of additional remedial 

measures is not appropriate. 

The implemented remedies achieve 

the degree of cleanup or protection 

specified in: for OU1, the 1988 OU1 

ROD, 1989 OU1 AROD, the 1991 OU1 

ESD and 2013 OU1 ESD; and for OU3, 

the 1998 OU3 ROD and the 2014 OU3 

ESD. 

All selected removal and remedial 

action objectives and associated cleanup 

goals for OU1 and OU3 are consistent 

with agency policy and guidance. This 

partial deletion meets the completion 

requirements as specified in OSWER 

Directive 9320.2–22, Close Out 

Procedures for National Priority List 

Sites. All response activities at OU1 and 

OU3 of the Site are complete and the 

two operable units pose no 

unacceptable risk to human health or 

the environment. Therefore, EPA and 

CDPHE have determined that no further 

response is necessary at OU1 and OU3 

of the Site. 

V. Partial Deletion Action 

The EPA, with concurrence of the 

State through the CDPHE has 

determined that all appropriate 

response actions under CERCLA, other 

than operation, maintenance, 

monitoring and five-year reviews, have 

been completed. Therefore, EPA is 

deleting all of OU1, Yak Tunnel/Water 

Treatment Plant; and OU3, D&RGW Slag 

Easement/Railroad Yard, of the Site. 

Because EPA considers this action to 

be non-controversial and routine, EPA is 

taking it without prior publication. This 

action will be effective April 11, 2016 

unless EPA receives adverse comments 

by March 10, 2016. If adverse comments 

are received within the 30-day public 

comment period, EPA will publish a 

timely withdrawal of this direct final 

notice of partial deletion before the 

effective date of the partial deletion and 

it will not take effect. EPA will prepare 

a response to comments and continue 

with the deletion process on the basis of 

the notice of intent to partially delete 

and the comments already received. 

There will be no additional opportunity 

to comment. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Dated: January 15, 2016. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

[FR Doc. 2016–02601 Filed 2–8–16; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 223 

[Docket No. FRA–2012–0103, Notice No. 2] 

RIN 2130–AC43 

Safety Glazing Standards 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: In this final rule, FRA is 

revising and clarifying existing 

regulations related to the use of glazing 

materials in the windows of 

locomotives, passenger cars, and 

cabooses. This final rule reduces 

paperwork and other economic burdens 

on the rail industry by removing a 

stenciling requirement for locomotives, 

passenger cars, and cabooses that are 

required to be equipped with glazing. 

This final rule also clarifies the 

application of the regulations to older 

equipment and to the end locations of 

all equipment to provide more certainty 

to the rail industry and more narrowly 

address FRA’s safety concerns. In 

addition, this final rule clarifies the 

definition of passenger car, updates the 

rule by removing certain compliance 

dates that are no longer necessary, and, 

in response to comments on the 

proposed rule, modifies the application 

of the regulations to passenger cars and 

cabooses in a railroad’s fleet that are 

used only for private transportation 

purposes and to older locomotives used 

in incidental freight service. 

DATES: This final rule is effective April 

11, 2016. Petitions for reconsideration 

must be received on or before April 11, 

2016. Comments in response to 

petitions for reconsideration must be 

received on or before May 24, 2016. 

ADDRESSES: Petitions for reconsideration 

and comments on petitions for 

reconsideration: Petitions for 

reconsideration or comments on 

petitions for reconsideration related to 

Docket No. FRA–2012–0103, Notice No. 

2, may be submitted by any of the 

following methods: 

• Web site: The Federal eRulemaking 

Portal, http://www.regulations.gov. 

Follow the Web site’s online 

instructions for submitting comments, 

to include petitions for reconsideration. 

• Fax: 202–493–2251. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE., Room W12– 

140, Washington, DC 20590. 

• Hand Delivery: Docket Management 

Facility, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE., Room W12–140 on the 

Ground level of the West Building, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

Instructions: All submissions must 

include the agency name and docket 

number or Regulatory Identification 

Number (RIN) for this rulemaking 

(2130–AC43). Note that all petitions and 

comments received will be posted 

without change to http://

www.regulations.gov, including any 

personal information provided. Please 

see the Privacy Act heading in the 

SUPPLEMENTARY INFORMATION section of 

this document for Privacy Act 

information related to any submitted 

comments, petitions, or materials. 

Docket: For access to the docket to 

read background documents, any 

petition for reconsideration submitted, 

or comments received, go to http://

www.regulations.gov at any time or visit 

the Docket Management Facility, U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE., Room W12–140 

on the Ground level of the West 

Building, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

Steve Zuiderveen, Railroad Safety 

Specialist, Motive Power & Equipment 

Division, Office of Safety Assurance and 

Compliance, Mail Stop 25, Federal 

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6776 Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Rules and Regulations 

1Unless otherwise specified, all references to CFR 

sections and parts in this document refer to title 49 

of the CFR. 

Railroad Administration, 1200 New 

Jersey Avenue SE., Room W35–216, 

Washington, DC 20590 (telephone 202– 

493–6337); or Michael Masci, Trial 

Attorney, Office of Chief Counsel, Mail 

Stop 10, Federal Railroad 

Administration, 1200 New Jersey 

Avenue SE., Room W31–115, 

Washington, DC 20590 (telephone 202– 

493–6037). 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Supplementary 

Information 

I. Executive Summary 

II. NPRM Background 

A. Executive Orders 13563 and 13610 

B. RSAC End Facing Glazing 

Recommendation 

III. Discussion of Specific Comments and 

Conclusions 

A. AAR’s Comments 

B. ATRRM’s Comments 

IV. General Overview of the Final Rule 

A. Removal of the Requirement To Stencil 

Certified Glazing Compliance on Inside 

Walls of Locomotive Cabs, Passenger 

Cars, and Cabooses 

B. Clarification of the Term ‘‘Antiquated 

Equipment’’ 

C. Exclusion of Older Locomotives Used in 

Incidental Freight Service 

D. Clarification of the Terms ‘‘Private Car’’ 

and ‘‘Passenger Car’’ 

E. Modification of the Application of the 

Safety Glazing Standards to Passenger 

Cars and Cabooses in a Railroad’s Fleet 

That Are Used Only for Private Business 

Purposes 

F. Emergency Windows for Occupied 

Passenger Cars That Are More Than 50 

Years Old But Built After 1945 and 

Operated in an Intercity Passenger or 

Commuter Train 

G. Locomotives, Passenger Cars, and 

Cabooses That Are More Than 50 Years 

Old But Built After 1945 and Equipped 

With Compliant Glazing 

H. Clarification of the Term ‘‘End Facing 

Glazing Location’’ 

I. Removal of Compliance Phase-In Dates 

That Have Passed and Are No Longer 

Applicable 

V. Section-by-Section Analysis 

VI. Regulatory Impact and Notices 

A. Executive Orders 12866 and 13563 and 

DOT Regulatory Policies and Procedures 

B. Regulatory Flexibility Act and Executive 

Order 13272 

C. Paperwork Reduction Act 

D. Federalism Implications 

E. Environmental Impact 

F. Executive Order 12898 (Environmental 

Justice) 

G. Executive Order 13175 (Tribal 

Consultation) 

H. Unfunded Mandates Reform Act of 1995 

I. Privacy Act 

I. Executive Summary 

Beginning on January 18, 2011, the 

President issued a set of Executive 

Orders which require Federal agencies 

to review existing regulations and 

reduce the regulatory burden on 

industry, when appropriate. (See 

Executive Orders 13563 and 13610, 

discussed in more detail in section II of 

this preamble). During FRA’s review of 

its Safety Glazing Standards in 49 CFR 

part 223 1 (part 223), FRA identified 

potential changes to requirements for 

stenciling and ‘‘antiquated equipment’’ 

as opportunities to reduce paperwork 

and other economic burdens on the rail 

industry without adversely impacting 

safety. On September 26, 2014, FRA 

issued its proposed changes to these 

requirements in a notice of proposed 

rulemaking (NPRM). See 79 FR 57856. 

After considering the comments 

received on the NPRM, FRA modifies 

these requirements in this final rule. 

Specifically, this final rule eliminates 

as unnecessary the requirement to 

stencil inside walls of locomotive cabs, 

passenger cars, and cabooses to indicate 

that the equipment contains window 

glazing certified in compliance with the 

Safety Glazing Standards. Further, this 

final rule uses a rolling, 50-year 

calculation to determine whether 

equipment is ‘‘antiquated’’ based on its 

build date—rather than a fixed date of 

1945 or earlier—thereby eliminating the 

cost of fitting equipment more than 50 

years old and used only for certain 

purposes with compliant glazing. To 

maintain safety in connection with the 

change to the application of the term 

‘‘antiquated equipment,’’ FRA is 

clarifying requirements for emergency 

windows in occupied passenger cars 

operated in intercity passenger or 

commuter trains, and clarifying 

requirements for locomotives, 

passengers, and cabooses currently 

equipped with compliant glazing. 

Separately, this final rule makes 

changes based on a Railroad Safety 

Advisory Committee (RSAC) 

recommendation. In 2013, FRA’s RSAC 

recommended that FRA clarify the 

application of the glazing requirements 

in part 223 to address requirements for 

the next generation of high-speed 

trainsets. FRA agrees that aspects of the 

RSAC recommendation are appropriate 

to adopt generally for all equipment, 

and is therefore doing so in this final 

rule. Specifically, FRA believes that 

amending application of the phrase 

‘‘end facing glazing location’’ in part 

223 reduces the economic burden on the 

rail industry without adversely 

impacting safety. 

In addition, FRA is clarifying the 

application of requirements for private 

cars, and eliminating compliance phasein dates that are no longer necessary. 

Also, in response to comments on the 

NPRM, this final rule modifies 

application of the safety glazing 

requirements to passenger cars and 

cabooses in a railroad’s fleet used only 

for private transportation purposes and 

to older locomotives used in incidental 

freight service. 

Economic Impact 

FRA believes this final rule is 

consistent with current industry 

practices and reduces the regulatory 

burden on the rail industry. 

The estimated quantified benefits or 

cost savings of this rule total $1,088,489. 

The present value (PV), discounted at 7 

percent, of the estimated quantified 

benefits is approximately $819,479. FRA 

concludes that the industry incurs only 

a minimal cost of approximately $6,000 

to take advantage of the flexibilities in 

this rule. Therefore, FRA estimates the 

net benefit (cost savings) of this rule is 

approximately $813,479 (PV, 7 percent). 

II. NPRM Background 

Under its general statutory 

rulemaking authority, FRA promulgates 

and enforces rules as part of a 

comprehensive regulatory program to 

address all areas of railroad safety. See 

49 U.S.C. 20103 and 49 CFR 1.89. In the 

area of safety glazing, FRA has issued 

regulations generally found at part 223. 

FRA continually reviews its regulations 

and revises them as needed to: (1) 

Ensure the regulatory burden on the rail 

industry is not excessive; (2) clarify the 

application of existing requirements and 

remove requirements that are no longer 

necessary; and (3) keep pace with 

emerging technology, changing 

operational realities, and safety 

concerns. FRA’s review of part 223 

identified several compliance phase-in 

dates in the regulation that have passed 

and are no longer necessary. To improve 

the plain language and make the 

regulation more clear and concise, FRA 

proposed to remove the dates that have 

passed. Further, FRA specifically 

proposed amending the safety glazing 

requirements based on FRA’s detailed 

analyses of the requirements and a 

recommendation from FRA’s RSAC, 

discussed below. 

A. Executive Orders 13563 and 13610 

On January 18, 2011, the President 

issued Executive Order 13563 

(Improving Regulation and Regulatory 

Review). Executive Order 13563 

requires agencies to periodically 

conduct retrospective analyses of their 

existing rules to identify requirements 

that may be outmoded, ineffective, 

insufficient, or excessively burdensome. 

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Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Rules and Regulations 6777 

2A list of RSAC member groups includes the 

following: American Association of Private Railroad 

Car Owners (AAPRCO); American Association of 

State Highway and Transportation Officials 

(AASHTO); American Chemistry Council; 

American Petroleum Institute; American Public 

Transportation Association (APTA); American 

Short Line and Regional Railroad Association 

(ASLRRA); American Train Dispatchers Association 

(ATDA); Association of American Railroads (AAR); 

Association of State Rail Safety Managers (ASRSM); 

Association of Tourist Railroads and Railway 

Museums (ATRRM); Brotherhood of Locomotive 

Engineers and Trainmen (BLET); Brotherhood of 

Maintenance of Way Employes Division; 

Brotherhood of Railroad Signalmen (BRS); Chlorine 

Institute; Federal Transit Administration (FTA); * 

Fertilizer Institute; Institute of Makers of 

Explosives; International Association of Machinists 

and Aerospace Workers; International Brotherhood 

of Electrical Workers; Labor Council for Latin 

American Advancement; * League of Railway 

Industry Women; * National Association of Railroad 

Passengers (NARP); National Association of 

Railway Business Women; * National Conference of 

Firemen & Oilers; National Railroad Construction 

and Maintenance Association (NRCMA); National 

Railroad Passenger Corporation (Amtrak); National 

Transportation Safety Board (NTSB); * Railway 

Supply Institute (RSI); Safe Travel America (STA); 

Secretaria de Comunicaciones y Transporte; * Sheet 

Metal Workers International Association (SMWIA); 

Transport Canada; * Transport Workers Union of 

America (TWU); Transportation Communications 

International Union/BRC (TCIU/BRC); 

Transportation Security Administration (TSA); * 

and United Transportation Union (UTU). 

* Indicates associate, non-voting membership. 

3Members of the Working Group, in addition to 

FRA, include the following: AAR, including 

members from BNSF Railway Company, CSX 

Transportation, Inc., and Union Pacific Railroad 

Company; AAPRCO; AASHTO; Amtrak; APTA, 

including members from Bombardier, Inc., Herzog 

Transit Services, Inc., Interfleet Technology, Inc. 

(Interfleet, formerly LDK Engineering, Inc.), Long 

Island Rail Road (LIRR), Maryland Transit 

Administration, Metro-North Commuter Railroad 

Company (Metro-North), Northeast Illinois Regional 

Commuter Railroad Corporation, Southern 

California Regional Rail Authority (Metrolink), and 

Southeastern Pennsylvania Transportation 

Authority (SEPTA); ASLRRA; BLET; BRS; FTA; 

NARP; NTSB; RSI; SMWIA; STA; TCIU/BRC; TSA; 

TWU; and UTU. 

4Members of the Engineering Task Force, in 

addition to FRA, include the following: AAR; 

AAPRCO; AASHTO, including California 

Department of Transportation, and Interfleet; 

APTA, including Alstom, Ansaldo Breda, 

Bombardier, Central Japan Railway Company, 

China South Locomotive and Rolling Stock 

Corporation, Denver Regional Transportation 

District, East Japan Railway Company, Faiveley 

Transport, GE Transportation, Japan International 

Transport Institute, Japan’s Ministry of Land, 

Infrastructure, Transport and Tourism, Kawasaki, 

Keolis, KPS N.A., LIRR, LTK Engineering Services, 

Marsh, Metrolink, Metro-North, Nippon Sharyo, 

Parsons Brinckerhoff, PS Consulting, Safetran 

Systems, SEPTA, Sharma & Associates, Siemens, 

Stadler, STV, Talgo, Texas Central Railway, Veolia, 

Voith Turbo, and Wabtec; Amtrak; ASLRRA; BLET; 

European Railway Agency; International 

Association of Sheet Metal, Air, Rail and 

Transportation Workers (SMART), including 

SMWIA and UTU; NTSB; RSI, including Battelle 

Memorial Institute, and ENSCO; TCIU/BRC; and 

Transport Canada. 

The Executive Order further requires 

that agencies modify, streamline, 

expand, or repeal any problematic 

regulatory provisions identified during 

their review. During FRA’s retrospective 

analysis of part 223, the agency 

identified requirements for antiquated 

equipment in particular as being 

potentially burdensome to the regulated 

community. Specifically, the term 

‘‘antiquated equipment’’ was not 

explicitly defined in the rule text, and 

FRA’s interpretive guidance had the 

potential of imposing a progressively 

larger burden on a small segment of the 

industry over time. Accordingly, this 

final rule clarifies the application of 

these requirements and reduces their 

potential economic burden on the rail 

industry. 

Further, on May 10, 2012, the 

President issued Executive Order 13610 

(Identifying and Reducing Regulatory 

Burdens). Executive Order 13610 

requires agencies to take continuing 

steps to reassess regulatory 

requirements, and where appropriate, to 

streamline, improve, or eliminate those 

requirements. Executive Order 13610 

emphasizes that agencies should 

prioritize ‘‘initiatives that will produce 

significant quantifiable monetary 

savings or significant quantifiable 

reductions in paperwork burdens.’’ In 

response to these instructions, DOT 

carried out a Paperwork Reduction Act 

initiative that focused on identifying 

and eliminating paperwork burdens on 

the rail industry as appropriate. FRA 

conducted a comprehensive review of 

its regulations based on the guidance 

provided in Executive Order 13610 and 

determined that eliminating the 

stenciling requirement in § 223.17 was 

an opportunity to reduce the paperwork 

burden on the rail industry without 

adversely impacting safety. (FRA’s 

Executive Order 13563 review also 

identified § 223.17 as a candidate for 

elimination.) This final rule eliminates 

this stenciling requirement. 

B. RSAC End Facing Glazing 

Recommendation 

In addition to the changes FRA 

proposed in response to these Executive 

Orders, FRA’s proposal was also based 

on an RSAC recommendation 

addressing the application of the 

regulations for the next generation of 

high-speed trainsets. RSAC is a forum 

for collaborative rulemaking and 

program development that FRA 

established in March 1996. RSAC 

includes representation from all of the 

agency’s major stakeholder groups, 

including railroads, labor organizations, 

suppliers and manufacturers, and other 

interested parties.2 When appropriate, 

FRA assigns a task to RSAC, and after 

consideration and debate, RSAC may 

accept or reject the task. If accepted, 

RSAC establishes a working group that 

possesses the appropriate expertise and 

representation of interests to develop 

recommendations to FRA for action on 

the task. These recommendations are 

developed by consensus. A working 

group may establish one or more task 

forces and task groups to develop facts 

and options on a particular aspect of a 

given task. When a working group 

comes to unanimous consensus on 

recommendations for action, the 

package is presented to the full 

Committee for a vote. If RSAC is unable 

to reach consensus on a 

recommendation for action, the task is 

withdrawn and FRA determines the best 

course of action. If the proposal is 

accepted by a simple majority of RSAC, 

the proposal is formally recommended 

to the Administrator of FRA. FRA then 

determines what action to take on the 

recommendation. 

In March 2013, after RSAC’s 

Passenger Safety Working Group 3

accepted a task related to high-speed 

rail safety, the Working Group’s 

Engineering Task Force 4 established the 

Tier III Cab Glazing Task Group (Task 

Group) to focus on issues concerning 

safety glazing. The Task Group 

discussed glazing during four meetings 

held between March and May 2013. 

During the Task Group’s last meeting, 

the Group reached consensus on a 

recommendation to apply FRA’s Safety 

Glazing Standards to trainsets operating 

at speeds up to 220 miles per hour, 

including requirements applicable to 

end facing glazing locations that focus 

on the exposed exterior of the trainsets. 

On June 14, 2013, the full Committee 

adopted the Task Group’s 

recommendation and presented it to 

FRA for consideration. Based on FRA’s 

experience enforcing glazing 

requirements, FRA believes that the 

RSAC Task Group’s approach to 

identifying end facing glazing locations 

is appropriate to adopt generally for all 

equipment, not only high-speed 

trainsets, and is therefore doing so in 

this final rule. FRA believes it is helpful 

to clarify for equipment operating at 

conventional speeds what exterior 

locations are end facing glazing 

locations, to reduce the economic 

burden on the rail industry without 

adversely impacting safety. 

III. Discussion of Specific Comments 

and Conclusions 

The NPRM solicited written 

comments from the public under the 

Administrative Procedure Act (APA) (5 

U.S.C. 553). FRA also invited comment 

on a number of specific issues related to 

the proposed rule to develop the final 

mstockstill on DSK4VPTVN1PROD with RULES

6778 Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Rules and Regulations 

5Members of the Working Group, in addition to 

FRA, include the following: AAR; AAPRCO; 

Amtrak; ASLRRA; ATRRM; NRCMA; NTSB; 

Railway Passenger Car Alliance; and SMART. 

rule. Consideration of public comment 

is valuable, as it allows FRA to access 

additional viewpoints from interested 

parties and include them in the final 

rule when appropriate. By the close of 

the comment period on November 25, 

2014, FRA received two sets of 

comments. AAR and ATRRM each 

submitted comments. 

A. AAR’s Comments 

AAR requested two changes in the 

final rule: (1) Confirm and clarify the 

glazing requirements do not apply to 

business cars; and (2) remove the noise 

emissions testing decal requirement in 

part 210. In response to AAR’s first 

comment, this final rule excludes 

certain cars in a railroad’s fleet that are 

used only for private transportation 

purposes from the glazing requirements. 

After reviewing favorable safety data, 

FRA believes the glazing requirements 

should not apply to these cars used only 

for private transportation. A fuller 

discussion of this issue is provided in 

section IV.E. of this final rule. 

AAR’s request to remove the noise 

decal required in part 210 is outside the 

scope of this rulemaking. Therefore FRA 

cannot properly adopt it in this final 

rule. Under the APA, a final rule must 

be based on the subjects and issues 

identified in the NPRM. See 5 U.S.C. 

553. The purpose for this requirement is 

to provide sufficient notice and 

opportunity for meaningful public 

participation in the rulemaking. The 

subjects and issues raised in the NPRM 

alert interested parties that rule changes 

are being considered so they can take 

full advantage of the opportunity to 

comment on them. The NPRM did not 

raise any issues related to existing noise 

emissions testing requirements. Because 

FRA did not provide sufficient notice 

for this issue, FRA cannot make any 

changes in the final rule based on this 

comment. Nevertheless, FRA continues 

to consider the merits of AAR’s 

comment and will evaluate how to best 

address this issue in the future. 

B. ATRRM’s Comments 

ATRRM expressed support for FRA’s 

proposal and requested two 

modifications in the final rule: (1) 

Exclude historic or antiquated 

locomotives that are used primarily in 

excursion, educational, recreational, or 

private passenger service and also used 

in other limited types of service from 

the glazing requirements; and (2) 

confirm and clarify that § 223.3(c)(1) 

would not require an ‘‘open window’’ 

passenger car with windows that open 

wide enough to permit egress to also be 

equipped with a tool or implement to 

use to break or remove a window during 

an emergency. 

In response to ATRRM’s first 

comment, this final rule excludes from 

the glazing requirements a small 

number of primarily excursion 

locomotives that are used in incidental 

freight service when no other power is 

available. Based on its thorough review 

of the issue, FRA believes it can provide 

this relief without having an adverse 

impact on rail safety. A fuller discussion 

of this issue is provided in section IV.C. 

of this final rule. 

In response to ATRRM’s second 

comment, FRA confirms that 

§ 223.3(c)(1) does not require a 

passenger car with windows that open 

wide enough to permit egress to be 

equipped with a tool or implement to 

use to break or remove a window during 

an emergency. FRA believes the plain 

language of § 223.3(c)(1) is clear, and 

read in conjunction with §§ 223.9(c) and 

223.15(c), communicates that no tool or 

implement is required in such a case. 

Therefore, FRA believes that no change 

is necessary and is adopting 

§ 223.3(c)(1) as proposed. Nevertheless, 

FRA takes this opportunity to clarify the 

language and intent of this paragraph to 

avoid any confusion. The purpose for 

requiring an emergency window exit is 

to help ensure passengers are not sealed 

inside the car during an emergency 

when they need to exit rapidly. If the 

window is open or can be opened wide 

enough to permit egress, passengers 

should be able to exit the car through 

that window as rapidly as they would 

if the window were removed by a tool 

or other implement. Specifically, if a 

window frame does not contain glass, as 

in an ‘‘open air car,’’ there is no need 

for a tool or implement to clear the 

space inside the window frame where 

the glass would otherwise be. Therefore, 

no tool or implement is required. 

FRA carefully considered both sets of 

comments on the NPRM while 

developing this final rule. To further 

clarify written comments, FRA 

discussed the comments with the RSAC 

Tourist and Historic Railroads and 

Private Passenger Car Working Group 5

during a meeting on December 3, 2014. 

The discussion, although limited in 

scope, helped FRA understand the 

written comments. FRA added a copy of 

the meeting minutes to the docket for 

this proceeding. The final rule text 

differs from the NPRM text in part 

because of issues AAR and ATRRM 

raised in their comments. For changes to 

the rule text, FRA addresses each of the 

relevant comments in the corresponding 

regulatory paragraphs of the section-bysection analysis provided below. 

IV. General Overview of the Final Rule 

A. Removal of the Requirement To 

Stencil Certified Glazing Compliance on 

Inside Walls of Locomotive Cabs, 

Passenger Cars, and Cabooses 

As noted above, FRA’s review of its 

regulations under Executive Order 

13563 and Executive Order 13610 

identified as a candidate for elimination 

§ 223.17, which provided that 

locomotive cabs, passenger cars, and 

cabooses be stenciled inside on an 

interior wall with the type of glazing 

present in the equipment. In particular, 

Executive Order 13610 requires agencies 

to take continuing steps to reassess 

regulatory requirements and, where 

appropriate, to streamline, improve, or 

eliminate those requirements. Executive 

Order 13610 emphasizes that agencies 

should prioritize ‘‘initiatives that will 

produce significant quantifiable 

monetary savings or significant 

quantifiable reductions in paperwork 

burdens.’’ In 2012, FRA conducted a 

comprehensive review of its regulations 

based on the guidance in Executive 

Order 13610 and determined removal of 

the certified glazing stenciling 

requirement inside of locomotive cabs, 

passenger cars, and cabooses is an 

opportunity to reduce the paperwork 

burden on the rail industry without 

adversely impacting safety. The certified 

glazing stencil was originally intended 

as an easily identifiable method for 

railroads to demonstrate compliance 

with the safety glazing requirements 

contained in part 223 when large 

numbers of affected equipment were not 

equipped with part 223 glazing. 

However, the need for this requirement 

has diminished since compliance was 

phased in for equipment existing at the 

time part 223 was promulgated. (See the 

discussion below on removing 

compliance phase-in dates from part 

223.) Moreover, in practice, FRA has 

found the stencil is not always accurate, 

and that each window needs to be 

examined to determine whether proper 

glazing has been applied. An easy and 

reliable way to determine the 

compliance of each window 

individually is to read the permanent 

marking on each window panel required 

by part 223, appendix A. Each window 

that is equipped with certified glazing 

must be permanently marked by the 

manufacturer to indicate the type of 

glazing applied, which remains 

unchanged for each glazing panel’s 

service life. Appendix A requires 

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6The Secretary delegated the responsibility to 

carry out this mandate to FRA. See 49 CFR 1.89(b). 

glazing to be tested and then marked 

according to the tests passed as either 

‘‘FRA Type I’’ or ‘‘FRA Type II’’ glazing, 

depending on its location. By 

considering the location of the window 

and examining the marking, FRA 

inspectors can apply the requirements 

and determine whether the glazing use 

is compliant. 

FRA believes the markings on the 

windows are more reliable than the 

stenciling located inside the equipment 

in which they are installed, and that the 

markings provide sufficient information 

to determine compliance. Therefore, 

FRA concludes that the § 223.17 

stenciling requirement is no longer 

necessary, and this rule eliminates the 

requirement for a certified glazing 

stencil located inside locomotive cabs, 

passenger cars, and cabooses. 

B. Clarification of the Term ‘‘Antiquated 

Equipment’’ 

Part 223 uses the term ‘‘antiquated 

equipment’’ to identify equipment 

excluded from the application of part 

223, if the equipment is operated in 

only specified types of service 

(excursion, educational, recreational or 

private transportation). However, part 

223 did not define the term ‘‘antiquated 

equipment’’ and the context in which 

the term was used in the regulation did 

not clearly indicate its meaning. During 

implementation of part 223, FRA 

identified the need to clarify the term 

‘‘antiquated equipment’’ to ensure its 

consistent application. FRA developed 

guidance interpreting the term in 1989, 

and FRA’s Associate Administrator for 

Safety provided it to the agency’s 

regional safety management. 

Subsequently, FRA made the 

interpretation part of a 1990 FRA 

technical bulletin. For purposes of this 

final rule, FRA references the 1990 FRA 

technical bulletin (1990 Technical 

Bulletin) and has included it in the 

public docket for this rulemaking. 

The 1990 Technical Bulletin stated 

‘‘antiquated equipment,’’ as used in part 

223, meant equipment built in 1945 or 

earlier. However, FRA did not explain 

why it distinguished between 

equipment built in 1945 or earlier from 

equipment built after 1945. FRA 

believes it chose 1945 as the cut-off date 

because it was the end of World War II, 

the date was approaching approximately 

50 years before the date the guidance 

was issued, and the approaching 50-year 

difference in time was consistent with 

FRA’s treatment of other older 

equipment. Based on FRA’s experience, 

after 50 years certain equipment 

becomes antiquated and justifies 

distinct treatment due to significant 

changes in technology, including design 

standards and the materials used for 

construction. For example, FRA uses 

this distinction in the Freight Car Safety 

Standards in 49 CFR part 215. Part 215 

restricts the operation of freight cars that 

are more than 50 years old, measured by 

the date of original construction, unless 

the operating railroad successfully 

petitions FRA for continued use. This 

requirement reflects FRA’s general 

belief that after 50 years, freight 

equipment is typically outdated and 

often not in the best condition given its 

years of service. Accordingly, for 

purposes of safety, FRA believes that 

after 50 years of age, it should not treat 

freight equipment the same as newer 

equipment when used in certain types 

of service. As an industry practice, cars 

more than 50 years old are generally 

used only in limited freight service. 

However, passenger cars more than 50 

years old have been successfully used 

for commuter service, which, to be 

clear, is not the type of service 

identified in part 223 as service for an 

educational, excursion, recreational, or 

private transportation purpose. 

FRA has applied the term ‘‘antiquated 

equipment’’ in the enforcement of part 

223 consistent with FRA’s 1990 

Technical Bulletin without significant 

opposition until industry’s response to 

FRA’s implementation of section 415 of 

the Rail Safety Improvement Act of 2008 

(section 415), Public Law 110–432, 

Division A. Section 415 required the 

Secretary of Transportation 6 to conduct 

a study of tourist and historical 

railroads for compliance with Federal 

rail safety laws. While conducting the 

section 415 study, FRA utilized the year 

1945 as a reference point in applying 

the glazing requirements. Because the 

1990 Technical Bulletin did not clearly 

specify that the term ‘‘antiquated 

equipment’’ could be subject to a rolling 

50-year calculation, an equitable reading 

of that technical bulletin could 

conclude FRA intended for the year 

1945 to be a fixed date for determining 

whether equipment is antiquated. In 

other words, a person could reasonably 

understand that all equipment built in 

1945 or earlier is antiquated, while all 

built after 1945 is not. 

Following the section 415 study, FRA 

initiated several enforcement actions 

against owners of equipment in service 

that was more than 50 years old, but 

built after 1945. Many in the rail 

industry expressed surprise at these 

enforcement actions and, as a result, 

filed approximately 175 petitions for 

waiver from the relevant requirements 

contained in part 223 with FRA for 

equipment built after 1945. In addition 

to requesting relief from part 223, many 

petitioners argued that based on their 

understanding of the term ‘‘antiquated 

equipment’’ as used in part 223 and 

FRA’s enforcement history (i.e., they 

had not previously received notice of 

non-compliance from FRA), they 

believed their equipment was 

antiquated and therefore not subject to 

part 223. Many of the petitioners were 

represented by AAPRCO, which 

submitted a letter to FRA in 2009, on 

behalf of its members expressing 

concern over FRA’s interpretation of the 

term ‘‘antiquated equipment.’’ FRA 

responded to AAPRCO, explaining that 

use of the fixed date of 1945 to 

determine whether equipment was 

antiquated was consistent with the 

guidance in FRA’s 1990 Technical 

Bulletin. 

Subsequently, Executive Order 13563 

was issued requiring agencies to 

conduct a retrospective analysis of their 

existing rules. As noted above, that 

analysis was intended to identify 

requirements that may be outmoded, 

ineffective, insufficient, or excessively 

burdensome, and lead agencies to 

modify, streamline, expand, or repeal 

such rules based on that analysis. 

During FRA’s retrospective analysis of 

the Safety Glazing Standards, FRA 

identified the application of its existing 

interpretation of ‘‘antiquated 

equipment’’ as potentially creating an 

unnecessary burden on the industry. 

The cost of retrofitting all noncompliant equipment built more than 50 

years before the current date but after 

1945 with compliant glazing would 

result in a considerable expense to the 

rail industry, would likely be too costly 

for some small businesses to continue 

operating, and would provide a nominal 

safety benefit. Based on this 

information, FRA is modifying the term 

‘‘antiquated equipment’’ to reduce the 

burden on the rail industry. FRA 

believes the use of a rolling 50-year 

period to determine whether equipment 

is antiquated significantly reduces the 

burden on the rail industry by 

eliminating the cost of fitting equipment 

that is more than 50 years old and used 

only for certain purposes with 

compliant glazing. In other words, FRA 

believes that the term ‘‘antiquated 

equipment,’’ for purposes of part 223, 

should mean equipment that is more 

than 50 years old, not equipment that 

was more than 50 years old as of a 

certain, fixed date. 

This clarification also better aligns 

FRA’s Safety Glazing Standards with 

other Federal rail safety requirements 

that address older equipment. For 

example, because of its age and 

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technology, a caboose built more than 

50 years ago receives special treatment 

as older equipment under § 215.203 of 

the Freight Car Safety Standards, but 

that same caboose was essentially 

treated by the Safety Glazing Standards 

the same as newer equipment. This rule 

helps classify equipment more 

consistently because of its age and 

ATRRM believes this will eliminate the 

need for most waivers of the glazing 

requirements, and waiver renewals, and 

remove a substantial burden on the 

industry. 

C. Exclusion of Older Locomotives Used 

in Incidental Freight Service 

In addition to clarifying the term 

‘‘antiquated equipment,’’ in its 

comments, ATTRM also states FRA 

should clarify that the service historic or 

antiquated equipment operates in may 

exclude that equipment from the glazing 

requirements. Specifically, rather than 

exclude historic or antiquated 

locomotives used only for excursion, 

educational, recreational, or private 

transportation purposes, ATTRM 

requested that FRA exclude historic or 

antiquated locomotives that are used 

primarily in excursion, educational, 

recreational, or private passenger 

service and also in other limited types 

of service. For example, ATTRM stated 

that a steam locomotive normally used 

exclusively in mainline excursion 

service will sometimes be ‘‘broken in’’ 

in freight service after major mechanical 

work, to allow problems to be identified 

and corrected before the locomotive is 

used for a passenger train. According to 

ATTRM, a general system tourist 

railroad might also occasionally use a 

passenger locomotive on a nonexcursion freight train if the railroad’s 

normal freight power is temporarily out 

of service or unavailable. ATTRM made 

clear it is not seeking exclusion for 

locomotives used regularly in freight 

service but rather for ‘‘occasional and 

irregular’’ use. 

FRA understands that all locomotives 

(except for a handful of newly built 

steam locomotives, less than ten total) 

currently used in excursion service 

would be considered antiquated based 

on the revised definition because they 

are more than 50 years old. However, 

many locomotives more than 50 years 

old used in excursion service are also 

used in other limited types of service 

but would not be excluded under the 

proposed rule. As a result, to comply 

with the proposed rule, affected 

railroads would need to either equip 

these locomotives with compliant 

certified glazing at a significant cost, or 

forgo using the locomotives for certain 

types of service and risk losing revenue. 

FRA believes the Safety Glazing 

Standards should not apply to these 

small number of excursion locomotives 

that are used for limited non-excursion 

service when no other power is 

available. This is a current industry 

practice for approximately 120 

locomotives. FRA’s review of its 

enforcement data confirms that FRA has 

used its enforcement discretion 

consistently to permit limited use of 

such excursion locomotives in nonexcursion service without compliant 

certified glazing. It also reveals that no 

accidents or incidents have been 

reported to FRA for the lack of 

compliant certified glazing materials in 

these locomotives. Based on a thorough 

review of this issue, FRA believes the 

rule can allow this current industry 

practice without having an adverse 

impact on rail safety. Therefore, this 

final rule provides the relief needed to 

permit these excursion locomotives to 

operate in incidental freight service, 

which includes the two specific 

scenarios ATRRM’s comments 

identified for ‘‘antiquated’’ locomotives 

otherwise used only for excursion, 

educational, recreational, or private 

transportation purposes. 

In this final rule, FRA makes clear 

that incidental freight service would 

include when an excursion locomotive 

that is more than 50 years old has 

finished hauling an excursion train for 

the day, a couple of freight cars need to 

be switched on the railroad’s property, 

and no other locomotive is ready to 

switch the cars. Current industry 

practice is for the excursion locomotive 

to switch the freight cars. The 

alternative would be to start a freight 

locomotive not in use, conduct the 

required safety inspection to run it in 

service, and then use it to switch the 

freight cars. FRA believes this 

alternative is too burdensome for 

industry compared to the low safety risk 

incurred by using such an excursion 

locomotive to switch the freight cars— 

typically short moves conducted at 

fairly low speeds. This final rule allows 

the flexibility to use these small number 

of excursion locomotives as additional 

power in freight service under such 

limited circumstances. However, FRA 

emphasizes that these circumstances are 

limited. If a freight locomotive is in use 

and available for service on the 

property, the exception would not 

apply. Moreover, FRA expects railroads 

to have a sufficient number of 

locomotives available to satisfy their 

operational needs under ordinary 

circumstances. 

FRA also makes clear that another 

example of incidental freight service 

would be breaking-in a steam 

locomotive more than 50 years old in 

freight service after major repairs are 

completed as described by ATRRM. 

This conditioning service is an 

opportunity to stress the steam 

locomotive to ensure the repairs are 

effective. Excursion operations provide 

few opportunities for conditioning such 

locomotives in higher tonnage trains. 

Moreover, these operations typically 

have fairly regimented schedules due to 

seasonal considerations and customer 

demands. Using these excursion 

locomotives in freight service for 

conditioning in this limited manner is 

also advantageous because freight 

service is more frequently available. 

Consequently, FRA is excluding this 

conditioning service for these older 

locomotives from the glazing 

requirements in this final rule. 

However, FRA intends for the period to 

be limited to only the time necessary to 

condition the locomotive for excursion 

service. 

D. Clarification of the Terms ‘‘Private 

Car’’ and ‘‘Passenger Car’’ 

Previous amendments to part 223, 

which revised the definition of 

‘‘passenger car’’ to clarify 

contemporaneous revisions to the 

regulation, may have caused some 

unintentional confusion regarding 

application of the glazing requirements 

to ‘‘private cars.’’ In 1998 and 1999, 

FRA issued comprehensive regulations 

for intercity passenger and commuter 

train safety, amending part 223 among 

other things to add requirements for 

emergency windows in intercity 

passenger and commuter trains, which 

part 223 has long required for passenger 

cars with certified glazing to facilitate 

occupant egress. See 63 FR 24630 (May 

4, 1998, final rule on Passenger Train 

Emergency Preparedness) and 64 FR 

25540 (May 12, 1999, final rule on 

Passenger Equipment Safety Standards), 

as amended at 73 FR 6370 (February 1, 

2008, final rule on Passenger Train 

Emergency Systems). The amendments 

to part 223 included revising the 

definition of the term ‘‘passenger car’’ 

by specifically excluding from the 

definition a ‘‘private car.’’ 63 FR 24675. 

FRA intended for this revision of the 

term ‘‘passenger car’’ to clarify that 

requirements being established for 

passenger cars in intercity passenger 

and commuter train service only, such 

as new requirements in former 

§ 223.9(d) for marking emergency 

windows, did not apply to private cars. 

See 63 FR 24675. It was not intended to 

change the existing application of the 

rest of part 223 to private cars. Yet, the 

substantive requirements contained in 

§§ 223.9 and 223.15 specify they apply 

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to ‘‘passenger cars,’’ which by a literal 

reading of the definition of ‘‘passenger 

car’’ in § 223.5 would have seemingly 

excluded private cars. 

However, as evidenced by the 

‘‘Application’’ section of part 223 

(particularly § 223.3(b)(3)), FRA’s intent 

was to continue to apply the glazing 

requirements of part 223 to private cars 

as previously specified, as no general 

exclusion was suggested or made. See 

63 FR 24675. FRA believes that the rail 

industry has the same understanding. 

The application of the glazing 

requirements to private cars is clear, as 

provided in § 223.3. Section 223.3(a) 

states that the requirements in part 223 

apply to any railroad rolling equipment 

operated on standard gauge track that is 

a part of the general railroad system of 

transportation. Section 223.3(b) 

excludes equipment used for private 

transportation purposes, but only if it is 

historical or antiquated. Nonetheless, to 

alleviate any confusion, FRA is 

amending the definition of ‘‘passenger 

car,’’ in § 223.5 by removing the last 

sentence of the existing definition that 

indicates ‘‘[t]his term does not include 

a private car.’’ 

E. Modification of the Application of the 

Safety Glazing Standards to Passenger 

Cars and Cabooses in a Railroad’s Fleet 

That Are Used Only for Private 

Transportation Purposes 

As discussed above, AAR’s comments 

request FRA to confirm the glazing 

requirements in part 223 do not apply 

to railroad private business cars. Part 

223 has not specifically used the term 

‘‘railroad private business cars,’’ and 

AAR’s comment does not provide a 

definition for the term. Based on FRA’s 

experience and discussions with AAR 

during the Working Group meeting on 

December 3, 2014, FRA understands 

that a railroad private business car is a 

specially modified passenger car or 

caboose a railroad uses to conduct 

business and entertain colleagues and 

guests during transport. Further, FRA 

understands all but a small handful of 

railroad private business cars are more 

than 50 years old. Therefore, based on 

their age and use, almost all these cars 

will be excluded from the glazing 

requirements because of this final rule’s 

clarification of the term ‘‘antiquated 

equipment’’ discussed in section IV.B, 

above. Nonetheless, FRA understands 

AAR’s comment to also request that the 

remaining small handful of cars be 

excluded from the glazing requirements. 

FRA agrees that the remaining 

railroad private business cars should be 

excluded from the glazing requirements 

due to the limited safety risk. Only a 

small number of invited guests and 

employees ride these cars and FRA has 

no record of any accidents or incidents 

(including injuries) due to the lack of 

certified glazing materials in these cars. 

FRA has exercised its discretion to 

allow railroad private business cars that 

are not antiquated to operate without 

certified glazing. Its use of discretion 

has not had an adverse impact on safety. 

Based on a thorough review of this 

issue, FRA agrees with AAR’s comment 

and in this final rule is excluding from 

the glazing requirements the remaining 

small handful of private business cars 

currently held by railroads that are not 

equipped with certified glazing. 

However, railroad private business cars 

that are currently equipped with 

certified glazing are required to 

continue to be equipped with certified 

glazing to maintain the current level of 

safety. In addition, all new railroad 

private business cars must be equipped 

with certified glazing. Furthermore, if a 

railroad’s private car is used in public 

service, the exclusion does not apply 

and the car must be equipped with 

certified glazing. FRA continues to 

believe the cost of equipping a new car 

with certified glazing is worth the safety 

benefit, including new railroad private 

business cars. 

F. Emergency Windows for Occupied 

Passenger Cars That Are More Than 50 

Years Old But Built After 1945 and 

Operated in an Intercity Passenger or 

Commuter Train 

This rule clarifies application of the 

emergency window requirements in part 

223 to passenger cars more than 50 

years old, but built after 1945, by 

incorporating provisions in waivers 

FRA’s Railroad Safety Board grated (see, 

e.g., FRA–2010–0080), without changing 

the existing regulatory framework for 

the emergency window requirements. 

Both parts 223 and 238 of this chapter 

contain requirements for emergency 

windows that apply to various types of 

passenger vehicles (see, e.g., §§ 223.8, 

223.9, 223.15, and 238.113). For the 

purposes of emergency window and 

other requirements, part 238 

distinguishes between categories of 

passenger vehicles—namely, ‘‘passenger 

cars’’ and ‘‘passenger equipment.’’ 

Under § 238.5, the definition of 

‘‘passenger car’’ is a subset of 

‘‘passenger equipment’’ and must 

comply with the emergency window 

exit requirements in § 238.113. By 

contrast, the part 238 emergency 

window exit requirements in § 238.113 

do not apply to all passenger equipment 

as defined by § 238.5. Instead, passenger 

equipment not subject to § 238.113, 

including a private car, must be 

equipped with emergency windows as 

provided in § 223.9(c) or § 223.15(c), as 

appropriate. In this rule, the application 

of the emergency window requirements 

to passenger equipment and passenger 

cars in part 238 is unchanged. However, 

a change to part 223 is needed to 

incorporate existing waivers of the 

requirements of part 223 that require 

emergency windows, in light of the 

change concerning ‘‘antiquated 

equipment,’’ discussed above. 

Specifically, in connection with the 

change to the application of the term 

‘‘antiquated equipment,’’ FRA is 

revising the language in § 223.3(b) to 

expressly state the exclusion provided 

in § 223.3(b)(3) for ‘‘antiquated 

equipment,’’ for purposes of emergency 

windows, does not apply to occupied 

passenger cars built after 1945 when 

they operate in intercity passenger or 

commuter train service covered by part 

238 (part 238 train). See 49 CFR 238.3. 

An occupied private car operated in a 

train covered by the requirements of 

part 238 is not required to be equipped 

with emergency windows under part 

238; these cars must be equipped with 

emergency windows under § 223.9(c) or 

§ 223.15(c) of part 223, if they are not 

‘‘historical or antiquated equipment’’ 

and are not used for solely an excursion, 

educational, recreational, or private 

purpose as applicable under 

§ 223.3(b)(3). See, e.g., 73 FR 6378. 

However, FRA’s Railroad Safety Board 

has granted a series of waivers that 

permit such cars that are neither 

‘‘historical or antiquated’’ to operate in 

a part 238 train without certified 

glazing. As a condition to the waivers, 

such cars must be equipped with at least 

four emergency windows consistent 

with § 223.9(c) or § 223.15(c). The 

waivers make clear that the minimum of 

four emergency windows (two on each 

side) must be clearly marked. As 

specified in § 223.5, an ‘‘emergency 

window’’ means a segment of a side 

facing glazing panel designed to permit 

rapid and easy removal from inside the 

car during an emergency. The waivers 

further make clear that any tool required 

to remove or break the window must be 

provided and clearly marked, with 

legible and understandable instructions 

for its use. This final rule revises part 

223 to be consistent with the conditions 

of the waivers FRA has granted and the 

proposed change to application of the 

term ‘‘antiquated equipment.’’ 

FRA notes that passenger cars that are 

not covered by the requirements of part 

238 but are occupied for an excursion, 

educational, recreational, or private 

purpose, and operate in a passenger 

train covered by the requirements of 

part 238, are subject to the same 

conditions as the train to which they are 

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coupled. Such cars are exposed to high 

speeds over long distances the same as 

the other cars in the passenger train. In 

addition, the end frame doors of such 

cars may not line up with the end frame 

doors on some passenger cars subject to 

the requirements of part 238 to which 

they are coupled (e.g., an Amtrak 

Superliner). Consequently, during an 

accident or incident, emergency 

windows may be required as a primary 

means of egress, due to a lack of endof-car egress. Yet, passenger cars 

occupied for an excursion, educational, 

recreational, or private use not equipped 

with part 223 compliant glazing and 

emergency windows might only be 

equipped with safety glass that cannot 

easily shatter or otherwise be easily 

removed without the use of a tool or 

other instrument, and therefore may not 

permit effective egress for occupants 

during an emergency. Such occupied 

cars, built after 1945, and more than 50 

years old, that operate in a part 238 

train, must have emergency windows to 

maintain the level of safety currently 

provided. 

Consequently, in clarifying the 

application of part 223 to ‘‘antiquated 

equipment’’ by using a rolling 50-year 

date, rather than a fixed date, FRA 

believes it must continue requiring 

passenger cars built after 1945 and more 

than 50 years old to comply with the 

emergency window requirements in 

§ 223.9(c) or § 223.15(c) if they are 

occupied and operate in an intercity or 

commuter passenger train subject to part 

238. FRA does not believe it is 

appropriate to remove the current 

requirement that such cars be equipped 

with these emergency windows, 

especially as the number of such cars 

considered ‘‘antiquated’’ will increase 

due to this rulemaking. However, 

consistent with the conditions of the 

waivers FRA has granted, a tool or other 

instrument may be used to remove or 

break the window if the tool or other 

instrument is clearly marked, and 

legible and understandable instructions 

are provided for its use. Nonetheless, as 

discussed in section III.B in response to 

ATRRM’s comment, this final rule does 

not require a passenger car with 

windows that open wide enough to 

permit egress to also be equipped with 

a tool or implement to use to break or 

remove a window during an emergency. 

G. Locomotives, Passenger Cars, and 

Cabooses That Are More Than 50 Years 

Old But Built After 1945 and Equipped 

With Compliant Glazing 

In connection with the changes to 

application of the term ‘‘antiquated 

equipment,’’ all locomotives, passenger 

cars, and cabooses more than 50 years 

old, but built after 1945 and equipped 

with glazing that complies with the 

glazing test standards in appendix A to 

part 223, must continue to comply with 

those standards. Broadening the 

definition of the term ‘‘antiquated 

equipment’’ in this rule does not 

diminish the level of safety currently 

required. Accordingly, FRA does not 

intend for windows currently 

complying with the impact test 

standards in appendix A to part 223 to 

be replaced with windows that are not. 

Moreover, given that such equipment 

would already have the necessary 

framing arrangements in place to 

support part 223-compliant glazing, 

FRA expects the window panels to be 

replaced with like window glazing. Of 

course, if equipment built after 1945 

that is more than 50 years old is not 

already fitted with compliant window 

glazing, then such window panels 

(along with their supporting, framing 

arrangements) do not have to be 

installed. 

H. Clarification of the Term ‘‘End 

Facing Glazing Location’’ 

Consistent with the RSAC Task 

Group’s recommendation and to ensure 

consistent application of the relevant 

requirements, this rule revises the 

definition of ‘‘end facing glazing 

location’’ to clarify that the location 

means an ‘‘exterior’’ location. It also 

expressly identifies locations not 

considered to be ‘‘end facing glazing 

location[s]’’—namely, the coupled ends 

of multiple-unit (MU) locomotives or 

other equipment that is semipermanently connected to each other in 

a train consist; and end doors at 

locations other than the cab end of a cab 

car of MU locomotive. 

The former definition of ‘‘end facing 

glazing location’’ in § 223.5 does not 

specify that ‘‘end facing’’ means only a 

location at the exterior of a piece of 

equipment. As a result, the final rule 

clarifies that FRA does not consider 

windows facing an open end of a car, 

but located in the interior of the car, to 

be end facing. Thus, they do not require 

Type I glazing. For example, a vestibule 

door set back from the end frame and 

corner structure of a passenger car that 

contains a window does not require 

Type I glazing for the window. In this 

example, even if the vestibule window 

is exposed to the outside of the car, 

Type I glazing is not required. Type I 

glazing is not needed because the angle 

of incidence of a projectile to that 

window is significantly reduced by the 

presence of the structures at the end of 

the car located ahead of the plane of the 

glazing material, compared to a window 

aligned with the end frame of the car. 

Therefore, the likelihood of projectile 

contact is minimized. 

Further, the former definition of ‘‘end 

facing glazing location’’ contains no 

qualification on the forward or rear end 

or the direction of travel of the 

equipment. In other words, all forward 

and all rearward facing windows could 

be considered end facing. This 

application of the term may have 

resulted in some confusion about FRA’s 

enforcement of relevant glazing 

requirements, which FRA intends to 

clarify in this final rule. Accordingly, 

this rule revises the definition to clarify 

the term ‘‘end facing glazing location’’ 

does not apply to the coupled ends of 

MU locomotives or other equipment 

that is semi-permanently connected to 

each other in a train consist, nor does 

it apply to end doors at locations other 

than the cab end of a cab car or MU 

locomotive. The most notable example 

of an end door at a location other than 

the cab end of a cab car or MU 

locomotive is an end frame door on an 

Amfleet passenger car. The rule makes 

clear that windows in such doors do not 

require Type I glazing. 

At the same time, this rule also 

revises the existing definition of ‘‘side 

facing glazing location’’ to clarify those 

locations are excluded from the 

definition of ‘‘end facing glazing 

location’’ and require Type II glazing. 

The former Safety Glazing Standards 

require that all side facing glazing 

locations be equipped with Type II 

glazing. See appendix A to part 223. 

Because the coupled ends of MU 

locomotives or other equipment that is 

semi-permanently connected to each 

other in a train consist, and end doors 

at locations other than the cab end of a 

cab car or MU locomotive are 

specifically excluded from the 

definition of ‘‘end facing glazing 

location,’’ those locations do not require 

Type I glazing. By specifically including 

them in the definition for ‘‘side facing 

glazing location,’’ the rule makes clear 

those locations require Type II glazing at 

a minimum. Thus, for example, 

locomotives, cabooses, and passenger 

cars built or rebuilt after June 30, 1980, 

must be equipped with certified glazing 

in all windows under § 223.9. The term 

‘‘certified glazing’’ refers to Type I and 

Type II glazing, as specified in appendix 

A to part 223. Accordingly, for such 

equipment locations where certified 

glazing is required, either Type I or 

Type II glazing must be present. 

This final rule also clarifies that any 

location which, due to curvature of the 

glazing material, can meet the criteria 

for either an end facing location or a 

side facing location shall be considered 

an end facing location. This is a 

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clarification that FRA identified when 

preparing the final rule, noting that FRA 

had inadvertently omitted this 

longstanding rule text from the 

proposed rule. The revised language 

clarifies the continued application of 

the regulation to equipment that 

contains curved glazing material that 

extends beyond its side or end. 

I. Removal of Compliance Phase-In 

Dates That Have Passed and Are No 

Longer Applicable 

This final rule removes outdated, 

compliance phase-in dates and related 

language to make the regulation clearer. 

When the Safety Glazing Standards 

were published on December 31, 1979, 

the regulation included compliance 

dates to phase-in requirements for 

equipment in existence at the time, in 

addition to requirements for new 

equipment. See 44 FR 77328, 77353– 

77354. As amended by final rule on 

December 27, 1983, the regulation 

included those compliance dates. See 48 

FR 56955–56955. For example in 

§ 223.15, ‘‘Requirements for existing 

passenger cars,’’ the regulation provided 

that certain passenger cars have until 

June 30, 1984, to comply with the 

requirements for certified glazing and 

emergency windows. Because the 

compliance phase-in period has long 

passed, FRA can remove the phase-in 

dates from part 223 without changing 

the substantive effect of the 

requirements. 

V. Section-by-Section Analysis 

This section-by-section analysis of 

this final rule explains the rationale for 

each section of the rule, together with 

the above discussion. The regulatory 

changes are organized by section 

number. 

Section 223.3 Application 

As discussed in section IV.B of this 

final rule, FRA is revising paragraph 

(b)(3) to clarify the meaning of the term 

‘‘antiquated equipment.’’ Paragraph 

(b)(3)(i) clarifies the meaning of 

‘‘antiquated equipment’’ by replacing 

the term ‘‘antiquated’’ with the phrase 

‘‘more than 50 years old.’’ This change 

clarifies that the exclusion from the 

application of the rule for ‘‘antiquated 

equipment’’ in this section applies to 

equipment more than 50 years old 

measured from the time of original 

construction. This is a rolling, 50-year 

calculation, and no longer the fixed date 

of 1945 or earlier. As such, some of the 

equipment that was subject to the full 

requirements of part 223 before this 

final rule takes effect (because it is not 

yet more than 50 years old) is excluded 

from certain requirements when the 

equipment becomes more than 50 years 

old. To qualify for the exclusion under 

paragraph (b)(3)(i), when the equipment 

becomes more than 50 years old, the 

rule continues to require that the 

equipment be used only for excursion, 

educational, recreational, or private 

transportation purposes. 

As discussed in section IV.C of this 

final rule, FRA is also revising 

paragraph (b)(3) to provide some 

flexibility in application of the glazing 

requirements to older locomotives used 

primarily in excursion service. 

Paragraph (b)(3)(i) also excludes from 

the glazing requirements locomotives 

that are historical or more than 50 years 

old and are used in incidental freight 

service. Incidental freight service 

includes operating a steam locomotive 

for conditioning purposes following 

major mechanical work and limited use 

of a passenger locomotive in freight 

service only when no other locomotive 

is available. Please note that paragraph 

(c), discussed below, qualifies the 

exclusion available under this 

paragraph (b)(3); both paragraphs must 

be read together. 

As discussed in section IV.E of this 

final rule, FRA is also revising 

paragraph (b)(3) to allow existing 

‘‘business cars’’ to continue to operate 

without certified glazing. Paragraph 

(b)(3)(ii) is added to exclude existing 

cabooses and passenger cars in a 

railroad’s fleet on April 11, 2016 that are 

used only for private transportation 

purposes and are not currently 

equipped with certified glazing. This 

change effectively makes the exclusion 

in paragraph (b)(3)(i) for cabooses and 

passenger cars that are historic or more 

than 50 years old and used only for the 

railroad’s private transportation 

purposes available to all of the railroad’s 

existing cabooses and passenger cars 

used only for private transportation 

purposes. 

In addition, as FRA proposed in the 

NPRM, FRA is revising paragraph (b)(4) 

to correct the reference to § 223.5. 

Paragraph (b)(4) formerly contained an 

exclusion for ‘‘[l]ocomotives that are 

used exclusively in designated service 

as defined in § 223.5(m).’’ The reference 

to § 223.5(m) is outdated, as paragraph 

lettering was removed from § 223.5, 

Definitions, when that section was 

reorganized and revised by the May 4, 

1998 Passenger Train Emergency 

Preparedness final rule. See 63 FR 

24630, 24642. Removing the reference to 

paragraph (m) of § 223.5 for internal 

consistency has no substantive effect on 

the application of the rule, as the 

definition of ‘‘designated service’’ in 

§ 223.5 remains unchanged. 

Accordingly, this final rule removes the 

reference to paragraph (m) of § 223.5 so 

that paragraph (b)(4) instead refers to 

§ 223.5 generally. 

FRA is adding paragraph (c) to clarify 

the requirements applicable to 

equipment subject to the exclusion in 

paragraph (b)(3) of this section for 

‘‘antiquated equipment,’’ to maintain 

safety in connection with the change to 

the application of this term for 

equipment built after 1945 but more 

than 50 years old. As discussed in 

sections IV.F and IV.H of this final rule, 

FRA is clarifying requirements for 

emergency windows in occupied 

passenger cars operated in intercity 

passenger or commuter trains, as well as 

clarifying requirements for locomotives, 

passenger cars, and cabooses currently 

equipped with compliant glazing. 

Paragraph (c) applies, as specified, to 

each locomotive, passenger car, and 

caboose built after 1945 more than 50 

years old and used only for excursion, 

educational, recreational, or private 

transportation purposes. Specifically, 

paragraph (c)(1) requires each such 

passenger car to comply with the 

emergency window requirements 

contained in § 223.9(c) or § 223.15(c), as 

appropriate, when it is occupied and 

operates in an intercity passenger or 

commuter train subject to part 238 of 

this chapter. A tool or other instrument 

may be used to remove or break an 

emergency window if the tool or other 

instrument is clearly marked and legible 

and understandable instructions are 

provided for its use. Paragraph (c)(2) 

requires each such locomotive, 

passenger car, and caboose that is 

equipped with glazing that complies 

with the glazing requirements contained 

in appendix A to this part as of February 

9, 2016, to remain in compliance with 

those requirements. Accordingly, the 

final rule will not diminish the level of 

safety the regulation currently provides. 

Section 223.5 Definitions 

FRA is revising three terms in this 

section: ‘‘end facing glazing location,’’ 

‘‘passenger car,’’ and ‘‘side facing 

glazing location.’’ FRA is also defining 

‘‘incidental freight service.’’ 

Specifically, FRA is revising the 

definition of ‘‘end facing glazing 

location’’ by making clear the location 

means an ‘‘exterior’’ location and that 

dome and observation cars are included 

in the category of cars subject to the 

application of this definition, and by 

expressly identifying locations not 

considered ‘‘end facing glazing 

location[s].’’ The definition clearly 

excludes the coupled ends of MU 

locomotives or other equipment that is 

semi-permanently connected to each 

other in a train consist, and end doors 

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at locations other than the cab end of a 

cab car of MU locomotive. Instead of 

considering such locations to be end 

facing glazing locations requiring Type 

I glazing, these locations are considered 

side facing glazing locations requiring 

only Type II glazing, as noted below. 

Please see section IV.H of this final rule 

for a fuller discussion of the change to 

the definition of ‘‘end facing glazing 

location.’’ 

FRA is adopting the changes to this 

definition as proposed in the NPRM but 

also makes clear the definition 

continues to provide that any location 

which, due to curvature of the glazing 

material, can meet the criteria for either 

an end facing location or a side facing 

location is considered an end facing 

location. This provision applies unless 

the location is otherwise excluded from 

this definition. FRA also notes that in 

the final rule this provision uses the 

more general term ‘‘end facing’’ location 

rather than ‘‘front facing’’ location 

consistent with the use of ‘‘end facing’’ 

glazing location in this final rule. 

In addition, this rule revises the 

definition of ‘‘side facing glazing 

location.’’ The definition now includes 

the coupled ends of MU locomotives or 

other equipment that is semipermanently connected to each other in 

a train consist, and end doors at 

locations other than the cab end of a cab 

car or MU locomotive. Instead of 

considering such locations to be end 

facing glazing locations requiring Type 

I glazing, these locations are considered 

side facing glazing locations requiring 

only Type II glazing due to the generally 

lower risk of an exterior projectile 

impacting the window surface. 

In addition, this rule revises the 

definition of ‘‘passenger car’’ by 

removing the statement that ‘‘[t]his term 

does not include a private car.’’ The 

revision clarifies that a private car can 

be considered a passenger car. Please 

see section IV.D of this final rule for a 

full discussion of this change. 

Finally, FRA is adding the term 

‘‘incidental freight service’’ to mean the 

occasional and irregular use of a 

locomotive in freight service that is 

more than 50 years old and used 

primarily for excursion, educational, 

recreational, or private transportation 

purposes. Please see the discussion in 

section III.B and IV.C of this final rule, 

above. 

Section 223.11 Requirements for 

Existing Locomotives 

As discussed in section IV.I of this 

final rule, the amendments to this 

section remove the compliance phase-in 

dates and related language from the 

glazing requirements for existing 

locomotives. As noted above, part 223 

phased in requirements for glazing 

standards by generally allowing the rail 

industry until June 30, 1984, to fit their 

existing locomotives with compliant 

glazing. The rule included an exception 

for locomotives that had their windows 

damaged by vandalism. Windows 

damaged due to vandalism were 

required to be replaced with compliant 

glazing sooner than the 1984 

compliance phase-in date. 

Paragraph (c) removes the compliance 

phase-in date, June 30, 1984. This date 

is no longer needed now that it has long 

passed. Paragraph (d) removes the 

language that required windows 

damaged by vandalism to be replaced 

with compliant glazing sooner than the 

1984 compliance phase-in date. This 

requirement is no longer needed 

because the compliance phase-in period 

has long passed and all existing 

locomotives, other than yard 

locomotives excluded by this section or 

locomotives that satisfy the limited 

exclusions provided in § 223.3, are 

required to be equipped with compliant 

glazing. 

No comments were received on this 

section and FRA accordingly adopts the 

changes to this section as proposed but 

further clarifies that existing yard 

locomotives continue to be excluded 

from the section’s requirements. FRA’s 

proposal may have inadvertently 

created an ambiguity whether this 

section’s longstanding exception for 

existing yard locomotives continues to 

apply. 

Section 223.13 Requirements for 

Existing Cabooses 

As discussed in section IV.I of this 

final rule, the amendments to this 

section remove the compliance phase-in 

dates and related language from the 

glazing requirements related to existing 

cabooses. As noted above, part 223 

phased in requirements for glazing 

standards by generally allowing the rail 

industry until June 30, 1984, to fit their 

existing cabooses with compliant 

glazing. The rule included an exception 

for cabooses that had their windows 

damaged by vandalism. Windows 

damaged by vandalism were required to 

be replaced with compliant glazing 

sooner than the 1984 compliance phasein date. 

Paragraph (c) removes the compliance 

phase-in date, June 30, 1984. This date 

is no longer needed now that it has long 

passed. Paragraph (d) removes the 

language that required windows 

damaged by vandalism to be replaced 

with compliant glazing sooner than the 

1984 compliance phase-in date. This 

requirement is no longer needed 

because the compliance phase-in period 

has long passed and all cabooses, other 

than yard cabooses excluded by this 

section or those that satisfy the limited 

exclusions provided in § 223.3, are 

required to be equipped with compliant 

glazing. 

FRA expressly invited comment on 

the NPRM on whether it needed to 

retain this section in the final rule and 

specifically whether its requirements 

could be consolidated with those for 

new cabooses in § 223.9(b) in a revised 

or new section. No comments were 

received on this issue and this final rule 

makes no change to § 223.9(b). No 

comments were received on § 223.13 

and FRA accordingly adopts the 

changes to § 223.13 as proposed but 

clarifies that existing yard cabooses 

continue to be excluded from § 223.13’s 

requirements. FRA’s proposal may have 

inadvertently created an ambiguity 

whether § 223.13’s longstanding 

exception for existing yard cabooses 

continues to apply. 

Section 223.15 Requirements for 

Existing Passenger Cars 

As discussed in section IV.I of this 

final rule, the amendments to this 

section remove the compliance phase-in 

dates and related language from the 

glazing requirements for existing 

passenger cars. As noted above, before 

these changes the rule generally allowed 

the rail industry until June 30, 1984, to 

fit their existing passenger cars with 

compliant glazing. Windows damaged 

by vandalism were required to be 

replaced with compliant glazing sooner 

than the 1984 compliance phase-in date. 

Paragraph (c) removes the compliance 

phase-in date, June 30, 1984. This date 

is no longer needed now that it has long 

passed. Paragraph (d) removes the 

language that required windows 

damaged by vandalism to be replaced 

with compliant glazing sooner than the 

1984 compliance phase-in date. This 

requirement is no longer needed 

because the compliance phase-in period 

has long passed and all passenger cars, 

other than those that satisfy the limited 

exclusions provided in § 223.3, are 

required to be equipped with compliant 

glazing. 

FRA expressly invited comment on 

the NPRM on whether it needed to 

retain this section needed in the final 

rule and specifically whether its 

requirements could be consolidated 

with those for new passenger cars in 

§ 223.9(c) in a revised or new section. 

No comments were received on this 

issue and this final rule makes no 

change to § 223.9(c). No comments were 

received on § 223.15 and FRA 

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accordingly adopts the changes to 

§ 223.15 as proposed. 

Section 223.17 Identification of 

Equipped Locomotives, Passenger Cars 

and Cabooses 

Section § 223.17 required stenciling 

on the interior wall of each locomotive 

cab, passenger car, and caboose to 

identify that the equipment is fully 

equipped with glazing material that 

complies with part 223. This 

requirement is no longer necessary, and 

the final rule removes this entire 

section. As a result, this type of 

stenciling is no longer required. For a 

full discussion of this change, please see 

section IV.A of this final rule. 

Appendix B to Part 223—Schedule of 

Civil Penalties 

Appendix B to part 223 contains a 

schedule of civil penalties for FRA to 

use to enforce this part. FRA is revising 

the schedule of civil penalties in this 

final rule to reflect revisions made to 

part 223. Because such penalty 

schedules are statements of agency 

policy, notice and comment are not 

required before they are issued. See 5 

U.S.C. 553(b)(3)(A). Nevertheless, FRA 

invited comments on the penalty 

schedule in the NPRM. However, FRA 

did not receive any comments. 

Accordingly, FRA is revising the 

penalty schedule to reflect the removal 

of § 223.17, Identification of Equipped 

Locomotives, Passenger Cars and 

Cabooses, from this part. 

VI. Regulatory Impact and Notices 

A. Executive Orders 12866 and 13563 

and DOT Regulatory Policies and 

Procedures 

This final rule has been evaluated 

consistent with Executive Order 12866 

(Regulatory Planning and Review), 

Executive Order 13563 (Improving 

Regulation and Regulatory Review), and 

DOT policies and procedures. FRA has 

prepared and placed in the docket a 

regulatory analysis addressing the 

economic impact of this final rule. FRA 

believes this final rule is consistent with 

current industry practices and reduces 

the regulatory burden on the rail 

industry. 

The analysis includes a quantitative 

evaluation of the benefits of this final 

rule. For entities choosing to take 

advantage of the new flexibilities and 

cost savings provided in this final rule, 

FRA estimates there may be a minimal 

cost burden associated with this rule. 

Specifically, railroads or car owners or 

operators may need to purchase small 

hammers or other tools for occupants to 

use to break windows for emergency 

egress in passenger cars now considered 

‘‘antiquated equipment,’’ because they 

were built after 1945 and are more than 

50 years old, when these passenger cars 

are operated in intercity passenger or 

commuter trains. Additionally, railroads 

will probably modify existing 

specifications for new equipment orders 

to remove the requirement to stencil 

interior walls of the equipment as 

containing window glazing in full 

compliance with part 223. The present 

value of total voluntary costs affected 

entities may incur is estimated to be 

approximately $6,000 over a 10-year 

period. 

Overall, the benefits of this rule 

greatly outweigh any costs that may be 

incurred. The revisions specified in this 

final rule eliminate the cost of 

stenciling, reduce the cost of certain 

new passenger cars, and reduce the 

number of waivers requested by the 

railroad industry. Over a 10-year period, 

this analysis finds that $1,088,489 in 

cost savings will accrue due to the 

changes. The present value of this 

amount is $819,479 (discounted at 7 

percent). Therefore, accounting for the 

$6,000 in voluntarily-incurred costs to 

take advantage of the flexibilities 

provided in this final rule, the net 

savings of this rule is approximately 

$813,479. 

FRA is eliminating the requirement to 

stencil the inside walls of locomotives, 

passenger cars, and cabooses as fully 

equipped with compliant glazing. This 

requirement was necessary during the 

implementation phase-in period of part 

223 (in the 1980s), when large numbers 

of affected equipment were not 

equipped with glazing required by part 

223. The stencil was a clear and easy 

way to determine whether compliant 

glazing was installed. Because the 

phase-in period for fitting equipment 

with certified glazing under part 223 has 

long passed, the required certification 

markings on the window panels have 

become more useful and reliable for 

FRA to determine compliance with part 

223. The total annual cost for all 

affected entities to comply with the 

stenciling requirement is from $74,170 

(Year 1) to $80,820 (Year 10) (nondiscounted). This variability is due to 

the increase in real wages discussed in 

section 6 of the accompanying analysis 

in the docket for this rulemaking. 

Consequently, over a 10-year period, the 

analysis finds that a total of $773,841 in 

cost savings will accrue through the 

elimination of this requirement. The 

present value of this amount is $578,494 

(discounted at 7 percent). 

This rule revises definitions to help 

provide clarity to the rail industry and 

also greater consistency with other FRA 

regulations. Antiquated equipment will 

now be defined as equipment that is 

more than 50 years old. This 

significantly reduces the number of 

waiver petitions submitted to exclude 

from the glazing requirements 

equipment that is more than 50 years 

old but built after 1945 and operated in 

a train for an excursion, educational, 

recreational, or private transportation 

purpose. Based on past practice, FRA 

estimates it would have received 

approximately 140 initial waiver 

requests over the next five years (28 per 

year) if this rule were not issued. FRA 

is estimating the potential waivers that 

will no longer be needed over a fiveyear period because renewal waivers 

would have been needed every five 

years to avoid installing certified 

glazing. Therefore, no additional waiver 

applications would be expected after the 

fifth year. In years when the initial 

waiver petitions would have been 

submitted if this rule were not issued, 

the total annual cost for all affected 

entities would have been from $16,507 

(Year 1) to $16,921 (Year 10) (nondiscounted). This variability is due to 

the increase in real wages as discussed 

in section 6 of the accompanying 

analysis in the docket for this 

rulemaking. Accordingly, a total of 

$83,563 in cost savings will accrue over 

10 years due to the reduction of initial 

waiver requests. The present value of 

this amount is $73,260 (discounted at 7 

percent). 

FRA has approved approximately 310 

waivers of glazing requirements for 

equipment more than 50 years old but 

manufactured after 1945 and operated 

in a train for an excursion, educational, 

recreational, or private transportation 

purpose. If the final rule was not issued, 

renewal waivers would be required to 

be submitted every five years to 

continue operations. Under this final 

rule, these waivers are no longer 

necessary, saving the labor cost of 

preparing and submitting each waiver 

renewal request. The total annual cost 

for all affected entities to submit 

renewal waiver petitions would have 

increased from $18,275 (Year 1) to 

$28,066 (Year 10) (non-discounted) if 

this rule were not issued. This 

variability is due to the rise in real 

wages discussed in section 6 of the 

accompanying analysis this 

rulemaking’s docket. Over a 10-year 

period, a total of $231,084 in cost 

savings will therefore accrue due to the 

reduction of renewal waivers. The 

present value of this amount is $167,725 

(discounted at 7 percent). 

FRA notes it is revising the definition 

of the term ‘‘end facing glazing 

location’’ to clarify the location means 

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6786 Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Rules and Regulations 

7 In the Interim Policy Statement, 62 FR 43024, 

Aug. 11, 1997: 

FRA defined ‘small entity,’ for the purpose of 

communication and enforcement policies, the 

Regulatory Flexibility Act, 5 U.S.C. 601 et seq., and 

the Equal Access for Justice Act, 5 U.S.C. 501 et 

seq., to include only railroads which are classified 

as Class III. FRA further clarified the definition to 

include, in addition to Class III railroads, hazardous 

materials shippers that meet the income level 

established for Class III railroads (those with annual 

operating revenues of $20 million per year or less, 

as set forth in 49 CFR 1201.1–1); railroad 

contractors that meet the income level established 

for Class III railroads; and those commuter railroads 

or small governmental jurisdictions that serve 

populations of 50,000 or less. 

68 FR 24892, May 9, 2003. ‘‘The Final Policy 

Statement issued today is substantially the same as 

the Interim Policy Statement.’’ 68 FR 24894. 

8 In general, under 49 CFR 1201.1–1, the class 

into which a railroad carrier falls is determined by 

comparing the carrier’s annual inflation-adjusted 

operating revenues for three consecutive years to 

the following scale after the dollar figures in the 

scale are adjusted by applying the railroad revenue 

deflator formula: 

Class I—$250 million or more; 

Class II—more than $20 million, but less than 

$250 million; and 

Class III—$20 million or less. 

49 CFR 1201.1–1(a), (b)(1). STB’s General 

Instructions at 1–1 state that carriers are grouped 

into three classes for purposes of accounting and 

reporting. The three classes are as follows: 

Class I: These carriers have annual carrier 

operating revenues of $250 million or more after 

applying STB’s railroad revenue deflator formula. 

Class II: These carriers have annual carrier 

operating revenues of less than $250 million but in 

excess of $20 million after applying STB’s railroad 

revenue deflator formula. 

Class III: These carriers have annual carrier 

operating revenues of $20 million or less after 

applying STB’s railroad revenue deflator formula. 

See also 78 FR 21007, Apr. 8, 2013. It should be 

noted that there are some exceptions to this general 

definition of the three classes of carriers. As one 

important example, STB treats families of railroads 

as a single carrier for classification purposes when 

those families operate within the United States as 

a single, integrated rail system. 49 CFR 1201– 

1.1(b)(1). As another example, STB considers all 

switching and terminal companies to be Class III 

carriers, regardless of their operating revenues. 49 

CFR 1201–1.1(d). 

an ‘‘exterior’’ location and expressly 

identify locations not considered ‘‘end 

facing glazing location[s]’’—namely, the 

coupled ends of MU locomotives or 

other equipment that is semipermanently connected to each other in 

a train consist; and end doors at 

locations other than the cab end of a cab 

car of MU locomotive. However, FRA 

did not evaluate any cost savings as a 

result of this clarification, because FRA 

has generally enforced the regulation 

consistent with this clarification. 

FRA expressly requested comments 

on all aspects of the regulatory 

evaluation and its conclusions. No 

comments were received in response to 

FRA’s request. 

B. Regulatory Flexibility Act and 

Executive Order 13272 

The Regulatory Flexibility Act of 1980 

(RFA), Public Law 96–354, as amended, 

and codified as amended at 5 U.S.C. 

601–612, and Executive Order 13272 

(Proper Consideration of Small Entities 

in Agency Rulemaking), 67 FR 53461, 

Aug. 16, 2002, require agency review of 

proposed and final rules to assess their 

impact on ‘‘small entities’’ for purposes 

of the RFA. An agency must prepare a 

regulatory flexibility analysis unless it 

determines and certifies that a rule is 

not expected to have a significant 

economic impact on a substantial 

number of small entities. Pursuant to 

the RFA, 5 U.S.C. 605(b), the 

Administrator of FRA certifies that this 

final rule will not have a significant 

economic impact on a substantial 

number of small entities. This rule will 

affect small entities. However, the effect 

on these entities will be purely 

beneficial other than for a nominal cost 

savings offset, as it will reduce their 

costs and labor burden particularly by 

narrowing the class of equipment 

subject to the full requirements of the 

Safety Glazing Standards regulation. 

The term ‘‘small entity’’ is defined in 

5 U.S.C. 601 (section 601). Section 

601(6) defines ‘‘small entity’’ as having 

the same meaning as ‘‘the terms ‘small 

business’, ‘small organization’ and 

‘small governmental jurisdiction’ 

defined in paragraphs (3), (4), and (5) of 

this section.’’ In turn, section 601(3) 

defines a ‘‘small business’’ as generally 

having the same meaning as ‘‘small 

business concern’’ under section 3 of 

the Small Business Act. This includes 

any small business concern that is 

independently owned and operated, and 

is not dominant in its field of operation. 

Next, section 601(4) defines ‘‘small 

organization’’ as generally meaning any 

not-for-profit enterprise that is 

independently owned and operated, and 

not dominant in its field of operations. 

Additionally, section 601(5) defines 

‘‘small governmental jurisdiction’’ in 

general to include governments of cities, 

counties, towns, townships, villages, 

school districts, or special districts with 

populations less than 50,000. 

The U.S. Small Business 

Administration (SBA) stipulates ‘‘size 

standards’’ for small entities. A forprofit railroad business firm may be 

considered a small entity if it has less 

than 1,500 employees for ‘‘Line-Haul 

Operating’’ railroads, and 500 

employees for ‘‘Short-Line Operating’’ 

railroads. See ‘‘Size Eligibility 

Provisions and Standards,’’ 13 CFR part 

121, subpart A. 

Under exceptions provided in section 

601, Federal agencies may adopt their 

own size standards for small entities in 

consultation with SBA, and in 

conjunction with public comment. 

Under the authority provided to it by 

SBA, FRA has published a ‘‘Final Policy 

Statement Concerning Small Entities 

Subject to the Railroad Safety Laws,’’ 

which formally establishes small 

entities as including, among others, the 

following: (1) The railroads classified by 

the Surface Transportation Board as 

Class III; and (2) commuter railroads 

‘‘that serve populations of 50,000 or 

less.’’ 7 See 68 FR 24891, May 9, 2003, 

codified at appendix C to 49 CFR part 

209. Currently, the revenue 

requirements are $20 million or less in 

annual operating revenue, adjusted 

annually for inflation. The $20 million 

limit (adjusted annually for inflation) is 

based on the Surface Transportation 

Board’s threshold of a Class III railroad, 

which is adjusted by applying the 

railroad revenue deflator adjustment.8

For further information on the 

calculation of the specific dollar limit, 

please see 49 CFR part 1201. FRA is 

using this definition of ‘‘small entity’’ 

for this final rule. 

FRA estimates that there are 726 

railroads that operate on standard gage 

track that is part of the general railroad 

system of transportation and are, 

therefore, subject to part 223, see 49 

CFR 223.3. Of these railroads, 44 are 

Class I freight railroads, Class II freight 

railroads, commuter railroads serving 

populations of 50,000 or more, or 

intercity passenger railroads (i.e., 

Amtrak, a Class I railroad, and the 

Alaska Railroad, a Class II railroad). The 

remaining 681 railroads are therefore 

assumed to be small railroads for the 

purpose of this assessment. However, 

this final rule will not impact most of 

these railroads because locomotives 

acquired by small railroads are typically 

older Class I locomotives already 

equipped with compliant glazing and 

stenciling. Similarly, any passenger cars 

acquired by small railroads from 

intercity passenger or commuter 

railroads will already be equipped with 

compliant glazing and stenciling. 

Small railroads and private car 

owners will likely be affected by the 

clarification that certain equipment 

more than 50 years old is considered 

antiquated and thereby excluded from 

part 223’s requirements when operated 

in specified service. As a result of this 

change, the economic burden of 

preparing and submitting waiver 

petitions will be reduced for railroads 

and private car owners for equipment 

that is more than 50 years old but built 

after 1945 and operated in a train for an 

excursion, educational, recreational, or 

private transportation purpose. As noted 

above, FRA estimates that it would 

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Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Rules and Regulations 6787 

9A total of approximately 900 waiver petitions 

will be avoided: 140 initial petitions in the first five 

years + 140 initial petitions renewed in the next 

five years + 310 approved waiver petitions renewed 

in the first five years + 310 approved waiver 

petitions renewed in the next five years. 

receive approximately 140 initial 

requests for waiver of the glazing 

requirements over the next five years 

(28 per year) if this change were not 

made, and the approximately 310 

approved waivers of glazing 

requirements would also have to be 

renewed every five years if this change 

were not made. When including the 

avoided cost of renewing the additional 

140 initial waiver requests by making 

this change—a total of approximately 

900 9 avoided waiver petitions—the 

total cost savings is $240,985 over 10 

years, discounted at 7 percent. Of 

course, the individually allocated 

savings to each affected railroad or 

private car owner will be a 

comparatively smaller portion of the 

total cost savings. 

Further, for entities choosing to take 

advantage of the regulatory relief 

permitted by this change to the 

definition of ‘‘antiquated equipment,’’ 

FRA estimates that there may be a 

minimal cost burden associated with 

operation of such passenger cars in 

intercity passenger or commuter service, 

because they will continue to be 

required to have emergency windows. 

Some affected entities may choose to 

install small hammers or other small 

tools or implements to allow for 

emergency egress from passenger car 

windows when operated in an intercity 

passenger or commuter train. Hammers 

may be used to break these windows in 

case of an emergency. The population of 

private cars that operate in Amtrak 

trains is approximately 125 cars. FRA 

estimates that 80 percent of these cars 

will not have hammers or other tools 

already on board to facilitate emergency 

egress through windows. Therefore, for 

100 of those private cars, car owners 

will have to purchase four hammers or 

other tools per car. That total cost will 

be approximately $5,000. Additionally, 

a minimal cost to copy and laminate 

instructions to use the hammers or other 

tools will also be incurred. FRA 

estimates this total cost to be $1,000 

(approximately $10 per car). All these 

costs will be incurred during the first 

year. Therefore, the present value of all 

total costs is approximately $6,000. This 

$6,000 cost will easily be offset by the 

total cost savings of $240,985 from 

changing the definition of ‘‘antiquated 

equipment,’’ which is shared among all 

small entities. Consequently, FRA 

concludes this final rule will not have 

a significant economic impact on a 

substantial number of small entities. 

FRA certifies that this final rule is not 

expected to have a significant economic 

impact on a substantial number of small 

entities under the RFA or Executive 

Order 13272. Although a substantial 

number of small entities will be affected 

by this rule, none of these entities will 

be significantly impacted. In order to 

determine the significance of the 

economic impact for the final rule’s 

RFA requirements, FRA expressly 

invited comments on the NPRM from all 

interested parties concerning the 

potential economic impact on small 

entities resulting from the rule. FRA did 

not receive comments on this issue. 

C. Paperwork Reduction Act 

FRA is submitting the information 

collection requirements in this final rule 

for review and approval to the Office of 

Management and Budget (OMB) under 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.). The sections 

that contain the new information and 

current information collection 

requirements and the estimated time to 

fulfill each requirement are as follows: 

CFR section Respondent universe Total annual responses Average time 

per response 

Total annual 

burden hours 

223.3(c)—Application: Passenger car emergency windows—marked tools with legible and understandable instructions near them to remove/break window for passenger cars built after 1945 that are 

more than 50 years old and operated in intercity 

passenger or commuter train (new requirement).

673 railroads (100 passenger cars with minimum of 4 emergency 

windows).

400 marked tools with legible & clear instructions.30 minutes ... 200 hours. 

223.11—Existing Locomotives: Built or rebuilt prior to 

July 1, 1980, equipped with certified glazing in all 

locomotive cab windows (revised requirement).

673 railroads ..................... Already compliant/Already 

have FRA approved 

waivers.

N/A ............... N/A. 

—Locomotives with cab windows broken or damaged—placed in designated service (revised requirement).673 railroads ..................... 15 designations ................. 30 seconds .. 0.125 hour. 

—Locomotives removed from service until broken/

damaged windows are replaced with certified glazing (revised requirement).

673 railroads ..................... Certification done instantly 

at time of window manufacture.

N/A ............... N/A. 

223.13—Existing Cabooses: Built or rebuilt prior to 

July 1, 1980, equipped with certified glazing in all 

windows (revised requirement).

673 railroads ..................... Already compliant/Already 

have FRA approved 

waivers.

N/A ............... N/A. 

—Cabooses removed from service until broken/damaged windows are replaced with certified glazing 

(revised requirement).

673 railroads ..................... Certification done instantly 

at time of window manufacture.

N/A ............... N/A. 

223.15—Existing Passenger Cars: Built or rebuilt prior 

to July 1, 1980, equipped with certified glazing in all 

windows plus four emergency windows (revised requirement).

673 railroads ..................... Already compliant/Already 

have FRA approved 

waivers.

N/A ............... N/A. 

—Passenger cars removed from service until broken/

damaged windows are replaced with certified glazing (revised requirement).

673 railroads ..................... Certification done instantly 

at time of window manufacture.

N/A ............... N/A. 

Appendix A—Requests to glass/glazing manufacturers for glazing certification information (current requirement).5 Glass/Glazing Manufacturers.10 requests ....................... 15 minutes ... 3 hours. 

—Identification of each individual unit of glazing material (current requirement).5 Glass/Glazing Manufacturers.25,000 pieces of glazing ... 480 pieces 

per hour.

52 hours. 

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6788 Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Rules and Regulations 

CFR section Respondent universe Total annual responses Average time 

per response 

Total annual 

burden hours 

—Testing of new material (current requirement) ......... 5 Glass/Glazing Manufacturers.1 test ................................. 14 hours ...... 14 hours. 

All estimates include the time for 

reviewing instructions; searching 

existing data sources; gathering or 

maintaining the needed data; and 

reviewing the information. For 

information or a copy of the paperwork 

package submitted to OMB, contact Mr. 

Robert Brogan, Information Clearance 

Officer, Office of Railroad Safety, FRA, 

at 202–493–6292, or Ms. Kimberly 

Toone, FRA Records Management 

Officer, Office of Information 

Technology, FRA, at 202–493–6132, or 

via email at the following addresses: 

Robert.Brogan@dot.gov; Kim.Toone@

dot.gov. 

Organizations and individuals 

desiring to submit comments on the 

collection of information requirements 

should send them directly to the Office 

of Management and Budget, Office of 

Information and Regulatory Affairs, 

Washington, DC 20503, Attention: FRA 

Desk Officer. Comments may also be 

sent via email to the Office of 

Management and Budget at the 

following address: oira_submissions@

omb.eop.gov. 

OMB is required to make a decision 

concerning the collection of information 

requirements contained in this final rule 

between 30 and 60 days after 

publication of this document in the 

Federal Register. Therefore, a comment 

to OMB is best assured of having its full 

effect if OMB receives it within 30 days 

of publication. 

FRA cannot impose a penalty on 

persons for violating information 

collection requirements which do not 

display a current OMB control number, 

if required. FRA intends to obtain 

current OMB control numbers for new 

information collection requirements 

resulting from this rulemaking action 

prior to the effective date of this final 

rule. The OMB control number, when 

assigned, will be announced by separate 

notice in the Federal Register. 

D. Federalism Implications 

Executive Order 13132, ‘‘Federalism’’ 

(64 FR 43255, Aug. 10, 1999), requires 

FRA to develop an accountable process 

to ensure ‘‘meaningful and timely input 

by State and local officials in the 

development of regulatory policies that 

have federalism implications.’’ ‘‘Policies 

that have federalism implications’’ are 

defined in the Executive Order to 

include regulations that have 

‘‘substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ Under Executive 

Order 13132, an agency may not issue 

a regulation with federalism 

implications that imposes substantial 

direct compliance costs 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 government 

officials early in the process of 

developing the regulation. Where a 

regulation has federalism implications 

and preempts State law, the agency 

seeks to consult with State and local 

officials in the process of developing the 

regulation. 

FRA has analyzed this rule under the 

principles and criteria in Executive 

Order 13132. This rule will not have a 

substantial effect on the States or their 

political subdivisions, and it will not 

affect the relationships between the 

Federal government and the States or 

their political subdivisions, or the 

distribution of power and 

responsibilities among the various 

levels of government. In addition, FRA 

determined this regulatory action will 

not impose substantial direct 

compliance costs on States or their 

political subdivisions. Therefore, the 

consultation and funding requirements 

of Executive Order 13132 do not apply. 

Nevertheless, State and local officials 

were involved in developing 

recommendations that are addressed in 

this rule through the RSAC, which has 

as permanent members two 

organizations directly representing State 

and local interests, AASHTO and 

ASRSM. 

However, this rule could have 

preemptive effect by operation of law 

under certain provisions of the Federal 

railroad safety statutes, specifically the 

former Federal Railroad Safety Act of 

1970, repealed and re-codified at 49 

U.S.C 20106, and the former Locomotive 

Boiler Inspection Act (LIA) at 45 U.S.C. 

22–34, repealed and re-codified at 49 

U.S.C. 20701–20703. Section 20106 

provides that States may not adopt or 

continue in effect any law, regulation, or 

order related to railroad safety or 

security that covers the subject matter of 

a regulation prescribed or order issued 

by the Secretary of Transportation (with 

respect to railroad safety matters) or the 

Secretary of Homeland Security (with 

respect to railroad security matters), 

except when the State law, regulation, 

or order qualifies under the ‘‘essentially 

local safety or security hazard’’ 

exception to section 20106. Moreover, 

the Supreme Court has interpreted the 

former LIA to preempt the field of 

locomotive safety. See Napier v. 

Atlantic Coast Line R.R., 272 U.S. 605 

(1926) and Kurns v. Railroad Friction 

Products Corp., 132 S. Ct. 1261 (2012). 

E. Environmental Impact 

FRA has evaluated this final rule 

under the National Environmental 

Policy Act (NEPA; 42 U.S.C. 4321 et 

seq.), other environmental statutes, 

related regulatory requirements, and its 

‘‘Procedures for Considering 

Environmental Impacts’’ (FRA’s 

Procedures) (64 FR 28545, May 26, 

1999). FRA has determined this final 

rule is categorically excluded from 

detailed environmental review under 

section 4(c)(20) of FRA’s Procedures, 

‘‘Promulgation of railroad safety rules 

and policy statements that do not result 

in significantly increased emissions of 

air or water pollutants or noise or 

increased traffic congestion in any mode 

of transportation.’’ See 64 FR 28547, 

May 26, 1999. Categorical exclusions 

(CEs) are actions identified in an 

agency’s NEPA implementing 

procedures that do not normally have a 

significant impact on the environment 

and therefore do not require either an 

environmental assessment (EA) or 

environmental impact statement (EIS). 

See 40 CFR 1508.4. 

In analyzing the applicability of a CE, 

the agency must also consider whether 

extraordinary circumstances are present 

that would warrant a more detailed 

environmental review through the 

preparation of an EA or EIS. Id. Under 

section 4(c) and (e) of FRA’s Procedures, 

FRA has further concluded that no 

extraordinary circumstances exist with 

respect to this regulation that might 

trigger the need for a more detailed 

environmental review. The purpose of 

this rulemaking is to revise and clarify 

existing regulations related to the use of 

glazing materials in the windows of 

locomotives, passenger cars, and 

cabooses. FRA does not anticipate any 

environmental impacts from these 

requirements and finds that there are no 

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Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Rules and Regulations 6789 

10See DOT guidance ‘‘2015 Threshold of 

Significant Regulatory Actions Under the Unfunded 

Mandates Reform Act of 1995,’’ May 6, 2015 

(update), available electronically at http://www.

transportation.gov/office-policy/transportationpolicy/2015-threshold-significant-regulatoryactions-under-unfunded. 

extraordinary circumstances present in 

connection with this final rule. 

F. Executive Order 12898 

(Environmental Justice) 

Executive Order 12898, Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, and DOT 

Order 5610.2(a) (91 FR 27534, May 10, 

2012) require DOT agencies to achieve 

environmental justice as part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects, including 

interrelated social and economic effects, 

of their programs, policies, and 

activities on minority populations and 

low-income populations. The DOT 

Order instructs DOT agencies to address 

compliance with Executive Order 12898 

and requirements within the DOT Order 

in rulemaking activities, as appropriate. 

FRA has evaluated this final rule under 

Executive Order 12898 and the DOT 

Order and determined it will not cause 

disproportionately high and adverse 

human health and environmental effects 

on minority populations or low-income 

populations. 

G. Executive Order 13175 (Tribal 

Consultation) 

FRA has evaluated this final rule 

under the principles and criteria 

contained in Executive Order 13175, 

Consultation and Coordination with 

Indian Tribal Governments, dated 

November 6, 2000. This final rule will 

not have a substantial direct effect on 

one or more Indian tribes, will not 

impose substantial direct compliance 

costs on Indian tribal governments, and 

will not preempt tribal laws. Therefore, 

the funding and consultation 

requirements of Executive Order 13175 

do not apply, and a tribal summary 

impact statement is not required. 

H. Unfunded Mandates Reform Act of 

1995 

Under Section 201 of the Unfunded 

Mandates Reform Act of 1995 (Public 

Law 104–4, 2 U.S.C. 1531), 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).’’ Section 202 of the Act (2 U.S.C. 

1532) further requires that ‘‘before 

promulgating any general notice of 

proposed rulemaking that is likely to 

result in the promulgation of any rule 

that includes any Federal mandate that 

may result in expenditure by State, 

local, and tribal governments, in the 

aggregate, or by the private sector, of 

$100,000,000 or more (adjusted 

annually 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. When adjusted for inflation 

using the Consumer Price Index for All 

Urban Consumers as published by the 

Bureau of Labor Statistics, the 

equivalent value of $100,000,000 in year 

2014 dollars is $155,000,000.10 The 

final rule will not result in the 

expenditure, in the aggregate, of 

$100,000,000 or more in any one year, 

and thus preparation of such a 

statement is not required. 

I. Privacy Act 

FRA wishes to inform all interested 

parties that anyone is able to search the 

electronic form of any written 

communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). See http:// 

www.regulations.gov/#!privacyNotice 

for the privacy notice of regulations.gov 

or interested parties may review DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000, 65 FR 19477. 

List of Subjects in 49 CFR Part 223 

Glazing standards, Penalties, Railroad 

safety, Reporting and recordkeeping 

requirements. 

The Final Rule 

For the reasons discussed in the 

preamble, FRA amends part 223 of 

chapter II, subtitle B of title 49, Code of 

Federal Regulations, as follows: 

PART 223 [AMENDED] 

■ 1. Revise the authority citation for part 

223 to read as follows: 

Authority: 49 U.S.C. 20102–20103, 20133, 

20701–20702, 21301–21302, 21304; 28 U.S.C. 

2461, note; and 49 CFR 1.89. 

■ 2. In § 223.3, revise paragraphs (b)(3) 

and (4) and add paragraph (c) to read as 

follows: 

§ 223.3 Application. 

* * * * * 

(b) * * * 

(3) Except as provided in paragraph 

(c) of this section: 

(i) Locomotives, cabooses, and 

passenger cars that are historic or more 

than 50 years old and, except for 

incidental freight service, are used only 

for excursion, educational, recreational, 

or private transportation purposes; and 

(ii) Cabooses and passenger cars in a 

railroad’s fleet on April 11, 2016 that are 

used only for the railroad’s private 

transportation purposes. Each such 

railroad caboose or car that is equipped 

with glazing that complies with the 

glazing requirements contained in 

appendix A to this part as of February 

9, 2016, must remain in compliance 

with those requirements. 

(4) Locomotives that are used 

exclusively in designated service as 

defined in § 223.5. 

(c) Except as provided in paragraph 

(b)(3) of this section, this paragraph (c) 

applies, as specified, to each 

locomotive, passenger car, and caboose 

built after 1945 that is more than 50 

years old and is used only for excursion, 

educational, recreational, or private 

transportation purposes. 

(1) Each such passenger car must 

comply with the emergency window 

requirements contained in § 223.9(c) or 

§ 223.15(c), as appropriate, when it is 

occupied and operates in an intercity 

passenger or commuter train subject to 

part 238 of this chapter. A tool or other 

instrument may be used to remove or 

break an emergency window if the tool 

or other instrument is clearly marked 

and legible and understandable 

instructions are provided for its use. 

(2) Each such locomotive, passenger 

car, and caboose that is equipped with 

glazing that complies with the glazing 

requirements contained in appendix A 

to this part as of February 9, 2016, must 

remain in compliance with those 

requirements. 

■ 3. In § 223.5, revise the definitions for 

‘‘End facing glazing location’’, 

‘‘Passenger car’’, and ‘‘Side facing 

glazing location’’ and add the definition 

for ‘‘Incidental freight service’’ in 

alphabetical order to read as follows: 

§ 223.5 Definitions. 

* * * * * 

End facing glazing location means any 

exterior location where a line 

perpendicular to the plane of the glazing 

material makes a horizontal angle of 50 

degrees or less with the centerline of the 

locomotive, caboose, or passenger car, 

including a dome or observation car, 

except for: The coupled ends of 

multiple-unit (MU) locomotives or other 

equipment that is semi-permanently 

connected to each other in a train 

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6790 Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Rules and Regulations 

consist; and end doors of passenger cars 

at locations other than the cab end of a 

cab car or MU locomotive. Any location 

which, due to curvature of the glazing 

material, can meet the criteria for either 

an end facing location or a side facing 

location shall be considered an end 

facing location. 

* * * * * 

Incidental freight service means the 

occasional and irregular use of a 

locomotive in freight service that is 

more than 50 years old and used 

primarily for excursion, educational, 

recreational, or private transportation 

purposes. 

* * * * * 

Passenger car means a unit of rail 

rolling equipment intended to provide 

transportation for members of the 

general public and includes selfpropelled cars designed to carry 

baggage, mail, express or passengers. 

This term includes a passenger coach, 

cab car, and an MU locomotive. 

* * * * * 

Side facing glazing location means 

any location where a line perpendicular 

to any plane of the glazing material 

makes an angle of more than 50 degrees 

with the centerline of the locomotive, 

caboose or passenger car. A side facing 

glazing location also means a location at 

the coupled ends of MU locomotives or 

other equipment that is semipermanently connected to each other in 

a train consist, and a location at end 

doors other than at the cab end of a cab 

car or MU locomotive. 

* * * * * 

■ 4. In § 223.11, revise paragraphs (c) 

and (d) to read as follows: 

§ 223.11 Requirements for existing 

locomotives. 

* * * * * 

(c) Except for yard locomotives and 

locomotives equipped as described in 

paragraphs (a) and (b) of this section, 

locomotives built or rebuilt prior to July 

1, 1980, shall be equipped with certified 

glazing in all locomotive cab windows. 

(d) Except for yard locomotives, each 

locomotive that has a locomotive cab 

window that is broken or damaged so 

that the window fails to permit good 

visibility shall be— 

(1) Placed in Designated Service 

within 48 hours of the time of breakage 

or damage; or 

(2) Removed from service until the 

broken or damaged window is replaced 

with certified glazing. 

* * * * * 

■ 5. In § 223.13, revise paragraphs (c) 

and (d) to read as follows: 

§ 223.13 Requirements for existing 

cabooses. 

* * * * * 

(c) Except for yard cabooses and 

cabooses equipped as described in 

paragraphs (a) and (b) of this section, 

cabooses built or rebuilt prior to July 1, 

1980, shall be equipped with certified 

glazing in all windows. 

(d) Except for yard cabooses, each 

caboose that has a window that is 

broken or damaged so that the window 

fails to permit good visibility shall be 

removed from service until the broken 

or damaged window is replaced with 

certified glazing. 

* * * * * 

■ 6. In § 223.15, revise paragraphs (c) 

and (d) to read as follows: 

§ 223.15 Requirements for existing 

passenger cars. 

* * * * * 

(c) Except for passenger cars 

described in paragraphs (a) and (b) of 

this section, passenger cars built or 

rebuilt prior to July 1, 1980, shall be 

equipped with certified glazing in all 

windows and a minimum of four 

emergency windows. 

(d) Each passenger car that has a 

window that is broken or damaged so 

that the window fails to permit good 

visibility shall be removed from service 

until the broken or damaged window is 

replaced with certified glazing. 

* * * * * 

§ 223.17 [Removed and Reserved] 

■ 7. Remove and reserve § 223.17. 

Appendix B to Part 223—[Amended] 

■ 8. In appendix B to part 223, remove 

the entry for § 223.17. 

Issued in Washington, DC, on February 1, 

2016. 

Sarah Feinberg, 

Administrator. 

[FR Doc. 2016–02524 Filed 2–8–16; 8:45 am] 

BILLING CODE 4910–06–P 

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