Pt. 223, App. B 49 CFR Ch.

II (10–1–14 Edition)
(13) Two different test specimens must be (ii) the manufacturer of the material;
subjected to the large object impact portion (iii) the type or brand identification of the
of these tests. material.
(14) A material so tested must perform so (3) Each individual unit of a glazing mate-
that: rial that has successfully passed the Type II
(i) there shall be no penetration of the
testing regimen shall be marked to indicate:
back surfaces (side closest to Witness Plate)
of the Target Material by the projectile. Par- (i) ‘‘FRA Type II’’ material;
tial penetration of the impact (front) surface (ii) the manufacturer of the material;
of the Target Material does not constitute a (iii) the type or brand identification of the
failure; and material.
(ii) there shall be no penetration of par-
ticles from the back side of the Target Mate- APPENDIX B TO PART 223—SCHEDULE OF
rial through the back side of the prescribed CIVIL PENALTIES 1
Witness Plate.
(15) Test specimens must consecutively Willful viola-
Section Violation
pass the required number of tests at the re- tion
quired minimum velocities. Individual tests
223.9 New or rebuilt equip-
resulting in failures at greater than the re-
ment:
quired minimum velocities may be repeated (a) Locomotives ........... $2,500 $5,000
but a failure of an individual test at less (b) Cabooses .............. 2,500 5,000
than the minimum velocity shall result in (c) Passenger cars ...... 2,500 5,000
termination of the total test and failure of 223.11(c) Existing locomotives 2,500 5,000
the material. (d) Repair of window ................. 1,000 2,000
(16) After successful completion of the pre- 223.13(c) Existing cabooses ..... 2,500 5,000
scribed set of required consecutive tests, a (d) Repair of window ................. 1,000 2,000
manufacturer may certify in writing that a 223.15(c) Existing passenger
particular glazing material meets the re- cars ........................................ 2,500 5,000
quirements of these standards. (d) Repair of window ................. 1,000 2,000
c. Material Identification 223.17 Identification of units ... 1,000 2,000
(1) Each individual unit of glazing material
1 A penalty may be assessed against an individual only for
shall be permanently marked, prior to in- a willful violation. The Administrator reserves the right to as-
stallation, to indicate that this type of ma- sess a penalty of up to $105,000 for any violation where cir-
terial has been successfully tested as set cumstances warrant. See 49 U.S.C. 21301, 21304, and 49
forth in this appendix and that marking CFR part 209, appendix A. If more than one item is listed as
a type of violation of a given section, each item is also des-
shall be done in such a manner that it is ignated by a ‘‘penalty code,’’ which is used to facilitate as-
clearly visible after the material has been sessment of civil penalties, and which may or may not cor-
installed. respond to any subsection designation(s). For convenience,
penalty citations will cite the CFR section and the penalty
(2) Each individual unit of a glazing mate- code, if any. FRA reserves the right, should litigation become
rial that has successfully passed the Type I necessary, to substitute in its complaint the CFR citation in
testing regimen shall be marked to indicate: place of the combined CFR and penalty code citation, should
they differ.
(i) ‘‘FRA Type I’’ material;

[63 FR 24676, May 4, 1998, as amended at 69 FR 30594, May 28, 2004; 73 FR 6400, Feb. 1, 2008;
73 FR 79702, Dec. 30, 2008; 77 FR 24420, Apr. 24, 2012]

PART 224—REFLECTORIZATION OF Subpart B—Application, Inspection, and

RAIL FREIGHT ROLLING STOCK Maintenance of Retroreflective Material
224.101 General requirements.
Subpart A—General 224.103 Characteristics of retroreflective
sheeting.
Sec.
224.105 Sheeting dimensions and quantity.
224.1 Purpose and scope.
224.106 Location of retroreflective sheeting.
224.3 Applicability.
224.107 Implementation schedule.
224.5 Definitions.
224.109 Inspection, repair, and replacement.
224.7 Waivers.
224.111 Renewal.
224.9 Responsibility for compliance.
224.11 Penalties. APPENDIX A TO PART 224—SCHEDULE OF CIVIL
224.13 Preemptive effect. PENALTIES
224.15 Special approval procedures. APPENDIX B TO PART 224—FORM
REFLECTORIZATION IMPLEMENTATION COM-
PLIANCE REPORT

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 Federal Railroad Administration, DOT § 224.5
APPENDIX C TO PART 224—GUIDELINES FOR (a) Freight rolling stock that oper-
SUBMITTING REFLECTORIZATION IMPLE- ates only on track inside an installa-
MENTATION COMPLIANCE REPORTS
tion that is not part of the general rail-
AUTHORITY: 49 U.S.C. 20103, 20107, 20148 and road system of transportation;
21301; 28 U.S.C. 2461, note; and 49 CFR 1.49. (b) Rapid transit operations in an
SOURCE: 70 FR 62176, Oct. 28, 2005, unless urban area that are not connected to
otherwise noted. the general railroad system of trans-
portation;
Subpart A—General (c) Locomotives and passenger cars
used exclusively in passenger service;
§ 224.1 Purpose and scope. or
(a) The purpose of this part is to re- (d) Freight rolling stock that is sub-
duce highway-rail grade crossing acci- ject to a reflectorization requirement
dents and deaths, injuries, and prop- promulgated by another Federal agen-
erty damage resulting from those acci- cy.
dents, by enhancing the conspicuity of
rail freight rolling stock so as to in- § 224.5 Definitions.
crease its detectability by motor vehi- Administrator means the Adminis-
cle operators at night and under condi- trator of the Federal Railroad Admin-
tions of poor visibility. istration or the Administrator’s dele-
(b) In order to achieve cost-effective gate.
mitigation of collision risk at high- Associate Administrator means the As-
way-rail grade crossings, this part es- sociate Administrator for Safety, Fed-
tablishes the duties of freight rolling eral Railroad Administration, or the
stock owners (including those who Associate Administrator’s delegate.
manage maintenance of freight rolling
Damaged means scratched, broken,
stock, supply freight rolling stock for
chipped, peeled, or delaminated.
transportation, or offer freight rolling
stock in transportation) and railroads Flat car means a car having a flat
to progressively apply retroreflective floor or deck on the underframe with
material to freight rolling stock, and no sides, ends or roof (including spine
to periodically inspect and maintain cars, articulated and mult-unit inter-
that material. Freight rolling stock modal cars).
owners, however, are under no duty to Freight rolling stock means:
install, clean or otherwise maintain, or (1) Any locomotive subject to part 229
repair reflective material except as of this chapter used to haul or switch
specified in this part. freight cars (whether in revenue or
(c) This part establishes a schedule work train service); and
for the application of retroreflective (2) Any railroad freight car (whether
material to rail freight rolling stock used in revenue or work train service).
and prescribes standards for the appli- Freight rolling stock owner means any
cation, inspection, and maintenance of person who owns freight rolling stock,
retroreflective material to rail freight is a lessee of freight rolling stock,
rolling stock for the purpose of enhanc- manages the maintenance or use of
ing its detectability at highway-rail freight rolling stock on behalf of an
grade crossings. This part does not re- owner or one or more lessors or lessees,
strict a freight rolling stock owner or or otherwise controls the maintenance
railroad from applying retroreflective or use of freight rolling stock.
material to freight rolling stock for Locomotive has the meaning assigned
other purposes if not inconsistent with by § 229.5 of this chapter, but for pur-
the recognizable pattern required by poses of this part applies only to a lo-
this part. comotive used in the transportation of
freight or the operation of a work
§ 224.3 Applicability. train.
This part applies to all railroad Obscured means concealed or hidden
freight cars and locomotives that oper- (i.e., covered up, as where a layer of
ate over a public or private highway- paint or dense chemical residue blocks
rail grade crossing and are used for rev- all incoming light); this term does not
enue or work train service, except: refer to ordinary accumulations of dirt,

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 § 224.7 49 CFR Ch. II (10–1–14 Edition)

grime, or ice resulting from the normal (c) If the Administrator finds that a
railroad operating environment. waiver of compliance is in the public
Person means an entity of any type interest and is consistent with railroad
covered under 1 U.S.C. 1, including but safety, the Administrator may grant
not limited to the following: A rail- the waiver subject to any conditions
road; a manager, supervisor, official, or that the Administrator deems nec-
other employee or agent of a railroad; essary.
any owner, manufacturer, lessor, or
lessee of railroad equipment, track or § 224.9 Responsibility for compliance.
facilities; any independent contractor
(a) Freight rolling stock owners, rail-
providing goods or services to a rail-
roads, and (with respect to certifi-
road; and any employee of such an
cation of material) manufacturers of
owner, manufacturer, lessor, lessee, or
independent contractor. retroreflective material, are primarily
responsible for compliance with this
Railroad means all forms of non-high-
way ground transportation that run on part. However, any person that per-
rails or electromagnetic guideways, in- forms any function or task required by
cluding high speed ground transpor- this part (including any employee,
tation systems that connect metropoli- agent, or contractor of the aforemen-
tan areas, without regard to whether tioned), must perform that function in
they use new technologies not associ- accordance with this part.
ated with traditional railroads. (b) Any person performing any func-
Railroad freight car has the meaning tion or task required by this part shall
assigned by § 215.5 of this chapter. be deemed to have consented to FRA
Tank car means a rail car, the body of inspection of the person’s facilities and
which consists of a tank for trans- records to the extent necessary to de-
porting liquids. termine whether the function or task
Universal Machine Language Equip- is being performed in accordance with
ment Register means the database con- the requirements of this part.
taining information on rail equipment
maintained by the Association of § 224.11 Penalties.
American Railroads. (a) Any person (including but not
Unqualified Retroreflective Sheeting limited to a railroad; any manager, su-
means engineering grade sheeting, pervisor, official, or other employee or
super engineering grade sheeting (en- agent of a railroad; any owner, manu-
closed lens) or high-intensity type facturer, lessor, or lessee of railroad
sheeting (ASTM Type I, II, III, or IV equipment, track, or facilities; any em-
Sheeting) as described in ASTM Inter- ployee of such owner, manufacturer,
national Standard D–4956–04, ‘‘Standard
lessor, lessee, or independent con-
Specification for Retroreflective Sheet-
tractor) who violates any requirement
ing for Traffic Control.’’
of this part or causes the violation of
Work train means a non-revenue serv-
any such requirement is subject to a
ice train used for the maintenance and
civil penalty of at least $650, but not
upkeep service of the railroad.
more than $25,000 per violation, except
§ 224.7 Waivers. that: Penalties may be assessed against
individuals only for willful violations,
(a) Any person subject to a require- and, where a grossly negligent viola-
ment of this part may petition the Ad-
tion or a pattern of repeated violations
ministrator for a waiver of compliance
has created an imminent hazard of
with such requirement. The filing of
such a petition does not affect that death or injury to persons, or has
person’s responsibility for compliance caused death or injury, a penalty not
with that requirement while the peti- to exceed $105,000 per violation may be
tion is being considered. assessed. Each day a violation con-
(b) Each petition for waiver under tinues shall constitute a separate of-
this section shall be filed in the man- fense. Appendix A to this part contains
ner and contain the information re- a schedule of civil penalty amounts
quired by part 211 of this chapter. used in connection with this part.

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 Federal Railroad Administration, DOT § 224.15

(b) Any person who knowingly and (1) Each comment shall set forth spe-
willfully falsifies a record or report re- cifically the basis upon which it is
quired by this part is subject to crimi- made, and contain a concise statement
nal penalties under 49 U.S.C. 21311. of the interest of the commenter in the
[70 FR 62176, Oct. 28, 2005, as amended at 72 proceeding.
FR 51197, Sept. 6, 2007; 73 FR 79702, Dec. 30, (2) Each comment shall be submitted
2008; 77 FR 24420, Apr. 24, 2012] to the U.S. Department of Transpor-
tation, Docket Operations (M–30), West
§ 224.13 Preemptive effect. Building Ground Floor, Room W12–140,
Under 49 U.S.C. 20106, issuance of this 1200 New Jersey Avenue, SE., Wash-
part preempts any State law, rule, reg- ington, DC 20590, and shall contain the
ulation, or order covering the same assigned docket number which appears
subject matter, except an additional or in the FEDERAL REGISTER for that pro-
more stringent law, rule, regulation, or ceeding. The form of such submission
order that is necessary to eliminate or may be in written or electronic form
reduce an essentially local safety haz- consistent with the standards and re-
ard; that is not incompatible with a quirements established by the Federal
law, rule, regulation, or order of the Docket Management System and post-
United States Government; and that ed on its Web site at http://
does not unreasonably burden inter- www.regulations.gov.
state commerce. (3) In the event FRA determines that
it requires additional information to
§ 224.15 Special approval procedures.
appropriately consider the petition,
(a) General. The following procedures FRA will conduct a hearing on the pe-
govern consideration and action upon tition in accordance with the proce-
requests for special approval of alter- dures provided in § 211.25 of this chap-
native standards under § 224.103(e). ter.
(b) Petitions. (1) Each petition for spe- (e) Disposition of petitions. (1) If FRA
cial approval of an alternative stand- finds that the petition complies with
ard shall contain— the requirements of this section and
(i) The name, title, address, and tele-
that the proposed alternative standard
phone number of the primary person to
is acceptable or changes are justified,
be contacted with regard to the peti-
or both, the petition will be granted,
tion;
normally within 90 days of its receipt.
(ii) The alternative proposed, in de-
The Associate Administrator may de-
tail, to be substituted for the par-
termine the applicability of other tech-
ticular requirements of this part; and
(iii) Appropriate data and analysis nical requirements of this part when
establishing that the alternative will rendering a decision on the petition. If
provide at least an equivalent level of the petition is neither granted nor de-
safety and meet the requirements of nied within 90 days, the petition re-
§ 224.103(e). mains pending for decision. FRA may
(2) Each petition for special approval attach special conditions to the ap-
of an alternative standard shall be sub- proval of the petition. Following the
mitted to the Docket Clerk, Office of approval of a petition, FRA may re-
Chief Counsel, Federal Railroad Ad- open consideration of the petition for
ministration, RCC–10, Mail Stop 10, cause stated.
1200 New Jersey Avenue, SE., Wash- (2) If FRA finds that the petition
ington, DC 20590. does not comply with the requirements
(c) Notice. FRA will publish a notice of this section, or that the proposed al-
in the FEDERAL REGISTER concerning ternative standard is not acceptable or
each petition under paragraph (b) of that the proposed changes are not jus-
this section. tified, or both, the petition will be de-
(d) Public comment. FRA will provide nied, normally within 90 days of its re-
a period of not less than 30 days from ceipt.
the date of publication of the notice in (3) When FRA grants or denies a peti-
the FEDERAL REGISTER during which tion, or reopens consideration of a peti-
any person may comment on the peti- tion, written notice is sent to the peti-
tion. tioner and other interested parties and

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 § 224.101 49 CFR Ch. II (10–1–14 Edition)

a copy of the notice is placed in the nates of ASTM International’s Stand-

electronic docket of the proceeding. ard D 4956–04, ‘‘Standard Specification
[70 FR 62176, Oct. 28, 2005, as amended at 74 for Retroreflective Sheeting for Traffic
FR 25173, May 27, 2009] Control.’’ The Director of the Federal
Register approves the incorporation by
Subpart B—Application, Inspec- reference of this standard in this sec-
tion in accordance with 5 U.S.C. 552(a)
tion, and Maintenance of and 1 CFR part 51. You may obtain a
Retroreflective Material copy of the incorporated standard from
§ 224.101 General requirements. ASTM International, 100 Barr Harbor
Drive, P.O. Box C700, West
All rail freight rolling stock subject Conshohocken, PA 19428–2959 or at
to this part shall be equipped with http://www.astm.org. You may inspect a
retroreflective sheeting that conforms copy of the incorporated standard at
to the requirements of this part. Not- the Federal Railroad Administration,
withstanding any other provision of Docket Clerk, 1200 New Jersey Avenue,
this chapter, the application, inspec- SE., Washington, DC 20590 or at the Na-
tion, and maintenance of that sheeting tional Archives and Records Adminis-
shall be conducted in accordance with tration (NARA). For information on
this subpart or in accordance with an the availability of this material at
alternative standard providing at least NARA, call 202–741–6030, or go to http://
an equivalent level of safety after spe- www.archives.gov/federallregister/
cial approval of FRA under § 224.15. codeloflfederallregulations/
§ 224.103 Characteristics of ibrllocations.html.
retroreflective sheeting. (c) Performance. Retroreflective
sheeting applied pursuant to this part
(a) Construction. Retroreflective
shall meet the requirements of ASTM
sheeting applied pursuant to this part
D 4956–04, for Type V Sheeting if metal-
shall consist of a smooth, flat, trans-
ized or Type VII Sheeting if non-metal-
parent exterior film with micropris-
ized, except for the initial minimum
matic retroreflective elements embed-
values of the coefficient of
ded in or suspended beneath the film so
retroreflection, and shall, as initially
as to form a non-exposed
applied, meet the minimum values for
retroreflective optical system.
(b) Color. Retroreflective sheeting ap- the coefficient of retroreflection speci-
plied pursuant to this part shall be yel- fied in Table 1 of this subpart.
low, fluorescent yellow, or white as [70 FR 62176, Oct. 28, 2005, as amended at 74
specified by the chromaticity coordi- FR 25173, May 27, 2009]

TABLE 1 TO SUBPART B OF PART 224—MINIMUM COEFFICIENT OF RETROREFLECTION

(RA) (IN CANDELA/LUX/METER2) REQUIREMENT FOR RETROREFLECTIVE SHEETING
(MINIMUM PHOTOMETRIC PERFORMANCE REQUIREMENTS)
Observation angle

0.2 Degree 0.5 Degree

Entrance angle
Yellow or fluo- Yellow or fluo-
White White
rescent yellow rescent yellow

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

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

(d) Certification. The characters ‘‘FRA–224’’, The characters shall be a minimum of three
constituting the manufacturer’s certifi- millimeters high, and shall be permanently
cation that the retroreflective sheeting con- stamped, etched, molded, or printed within
forms to the requirements of paragraphs (a) the product and each certification shall be
through (c) of this section, shall appear at spaced no more than four inches apart.
least once on the exposed surface of each (e) Alternative standards. Upon petition by a
piece of sheeting in the final application. freight rolling stock owner or railroad under

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 Federal Railroad Administration, DOT § 224.106
§ 224.15, the Associate Administrator may ap- specified, retroreflective sheeting ap-
prove an alternative technology as providing plied under this part shall be applied in
equivalent safety. Any such petition shall strips 4 inches wide and 18 or 36 inches
provide data and analysis sufficient to estab- long, as practicable. The amount of
lish that the technology will result in con-
spicuity and durability at least equal to
retroreflective sheeting to be applied
sheeting described in paragraphs (a) through to each car or locomotive subject to
(c) applied in accordance with this part and this part is dependent on the length of
will present a recognizable visual target that the car or locomotive and the color of
is suitably consistent with freight rolling the sheeting. For purposes of this part,
stock equipped with retroreflective sheeting the length of a railroad freight car or
meeting the technical requirements of this locomotive is measured from endsill to
part to provide the intended warning to mo- endsill, exclusive of the coupler and
torists. draft gear. Each side of a railroad
freight car subject to this part, includ-
§ 224.105 Sheeting dimensions and ing each unit of multi-unit cars, and
quantity.
each side of a locomotive subject to
Retroreflective sheeting shall be ap- this part must be equipped with at
plied along the length of each railroad least the minimum amount of
freight car and locomotive side as de- retroreflective sheeting specified in
scribed in § 224.106. Unless otherwise Table 2 of this subpart.

TABLE 2 TO SUBPART B OF PART 224—MINIMUM QUANTITY REQUIREMENT FOR

RETROREFLECTIVE SHEETING ON FREIGHT ROLLING STOCK
Minimum area of retroreflective Minimum area of retroreflective
sheeting required (per car/lo- sheeting required (per car/lo-
Freight car or locomotive length comotive side)—yellow comotive side)—white sheeting
sheeting (ft 2) (ft 2)

Less than 50 ft. 3.5 4.0

Over 50 ft. to 60 ft. 4.0 5.0
Over 60 ft. to 70 ft. 4.5 5.5
Over 70 ft. to 80 ft. 5.0 6.0
Over 80 ft. to 90 ft. 5.5 7.0
Over 90 ft. to 100 ft. 1 ................................................................ 6.0 7.5
1 Freight cars or locomotives over 100 ft. in length must be equipped with an additional one-half a square foot of sheeting on
each side for every additional 10 feet of length.

§ 224.106 Location of retroreflective applied to discontinuous surfaces such

sheeting. as bolts, rivets, door hinges, or other
(a) Railroad freight cars. The irregularly shaped areas that may pre-
retroreflective sheeting shall be ap- vent the sheeting from adhering to the
plied along the length of each railroad car sides. In addition, retroreflective
freight car side in the manner provided sheeting need not be applied over exist-
by a uniform industry standard accept- ing or required car stencils and mark-
ed by the Associate Administrator that ings. If necessary to avoid appur-
provides for distribution of material tenances, discontinuous surfaces, or ex-
along the length of each car and as isting or required car markings or
close as practicable to 42 inches above stencils, 4x18 and 4x36 inch strips of
the top of rail. In the event such a retroreflective material may be divided
standard is not proffered by industry or into 4x9 inch strips and applied on ei-
accepted by the Associate Adminis- ther side of the appurtenance, dis-
trator, the criteria set forth in this continuous surface, or car markings or
subpart shall apply. Retroreflective stencils, as practicable. Unless other-
sheeting applied under this part must wise specified, retroreflective sheeting
be located clear of appurtenances and shall be applied along the sides of
devices such as ladders and other safe- freight rolling stock at intervals not to
ty appliances, pipes, or other attach- exceed every 12 feet, as practicable. If
ments that may obscure its visibility. it is not practicable to apply
Retroreflective sheeting need not be retroreflective sheeting every 12 feet

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 § 224.106 49 CFR Ch. II (10–1–14 Edition)

because of existing stencils, appur- Retroreflective sheeting shall not be

tenances, or discontinuous surfaces, applied below the side sill.
the sheeting shall be applied at the (i) Vertical application. If
next smallest interval practicable. retroreflective sheeting is applied in a
(1) General rule. On railroad freight vertical pattern, at least one 4x36 inch
cars other than flat cars and tank cars, strip or two 4x18 inch strips, one above
retroreflective sheeting shall be ap- the other, shall be applied as close to
plied in either a vertical or horizontal each end of the car as practicable. Be-
pattern along the length of the car tween these two vertical end strips, a
sides, with the bottom edge of the minimum of one 4x18 inch strip shall be
sheeting as close as practicable to 42 applied at least every 12 feet, as prac-
inches above the top of rail. ticable. See Figures 1, 2 and 3.

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 Federal Railroad Administration, DOT § 224.106

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 § 224.106 49 CFR Ch. II (10–1–14 Edition)

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 Federal Railroad Administration, DOT § 224.106

(ii) Horizontal application. If above or next to the other, shall be ap-

retroreflective sheeting is applied in a plied as close to each end of the car as
horizontal pattern, at least one 4x36 practicable. Between these end strips, a
inch strip, or two 4x18 inch strips, one minimum of one 4x18 inch strip shall be

399
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 § 224.106 49 CFR Ch. II (10–1–14 Edition)

applied at least every 12 feet, as prac-

ticable. See Figures 4, 5, and 6.

400
ER28OC05.003</GPH>

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 Federal Railroad Administration, DOT § 224.106

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 § 224.106 49 CFR Ch. II (10–1–14 Edition)

(2) Tank cars. On tank cars, of the tank, or as near as practicable.

retroreflective sheeting shall be ap- If it is not practicable to safely apply
plied vertically to each car side and the sheeting centered vertically about
centered on the horizontal centerline the horizontal centerline of the tank,

402
ER28OC05.005</GPH>

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 Federal Railroad Administration, DOT § 224.106

the sheeting may be applied vertically 4x18 inch strip shall be applied at least
with its top edge no lower than the every 12 feet, as practicable.
horizontal centerline of the tank. A Retroreflective sheeting applied under
minimum of either one 4x36 inch strip this part shall not be located in the
or two 4x18 inch strips, one above the spillage area directly beneath the
other, shall be applied as close to each manway used to load and unload the
end of the car as practicable. Between tank. See Figures 7 and 8.
these two end strips, a minimum of one

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 § 224.106 49 CFR Ch. II (10–1–14 Edition)

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 Federal Railroad Administration, DOT § 224.106

(3) Flat cars. On flat cars, edge of the sheeting no lower than the
retroreflective sheeting shall be ap- bottom of the side sill and the top edge
plied in a horizontal pattern along the of the sheeting no higher than the top
length of the side sill with the bottom of the car deck or floor. At least two

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 § 224.106 49 CFR Ch. II (10–1–14 Edition)

4x18 inch strips, one above the other, every 12 feet, as practicable. See Figure
shall be applied as close to each end of 9. If a car has a separate rack struc-
the car as practicable. If the side sill is ture, retroreflective sheeting may be
less than 8 inches wide, one 4x36 inch applied to the flat car portion only in
strip, or two 4x18 inch strips may be accordance with the requirements of
applied one next to the other, dividing this section. For cars without contin-
the strips into nine inch segments as uous side sills, retroreflective sheeting
necessary in accordance with para- may be applied to other surfaces in-
graph (a) of this section. Between the board of the sides, such as the center
two end strips, a minimum of one 4x18 sill, provided that the sheeting is not
inch strip shall be applied at least obscured by other components.

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 Federal Railroad Administration, DOT § 224.106

(4) Cars of special construction. This vided in this section. Retroreflective

paragraph applies to any car the design sheeting shall conform as closely as
of which is not compatible with the practicable to the requirements of
patterns of application otherwise pro- paragraphs (a)(1) through (a)(3) of this

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 § 224.107 49 CFR Ch. II (10–1–14 Edition)

section and shall have the minimum completed Reflectorization Implemen-

amount of sheeting described in tation Compliance Report certifying
§ 224.105 distributed along the length of that the cars in the owner’s fleet sub-
each car side. ject to this part will be equipped with
(b) Locomotives. Locomotives subject retroreflective sheeting as required by
to this part shall be equipped with at this part in accordance with the sched-
least the minimum amounts of ule specified in Table 3 of this section.
retroreflective sheeting required by See Appendix B of this part for
§ 224.105 either in strips four inches Reflectorization Implementation Com-
wide and 18 or 36 inches long and pliance Report form.
spaced as uniformly as practicable
along the length of the locomotive TABLE 3 TO SUBPART B OF PART 224—
sides, or in one continuous strip, at ALTERNATIVE SCHEDULE FOR APPLI-
least four inches wide, along the length CATION OF RETROREFLECTIVE MATE-
of the locomotive. Retroreflective RIAL TO FREIGHT CARS PER
sheeting applied to locomotive sides § 224.107(a)(2)(ii)
shall be applied as close as practicable (B)
to 42 inches from the top of the rail. (A) 1 (percent)

§ 224.107 Implementation schedule. November 28, 2007 ........................................... 20

November 28, 2008 ........................................... 30
(a) Railroad freight cars. All railroad November 28, 2009 ........................................... 40
freight cars subject to this part must November 28, 2010 ........................................... 50
November 28, 2011 ........................................... 60
be equipped with retroreflective sheet- November 28, 2012 ........................................... 70
ing conforming to this part by Novem- November 28, 2013 ........................................... 80
ber 28, 2015. If a car already has reflec- November 28, 2014 ........................................... 90
tive material applied that does not November 28, 2015 ........................................... 100
meet the standards of this part, it is 1 Column (A) indicates the date by which the minimum per-

not necessary to remove the material centage of an owner’s freight cars specified in column (B)
must be equipped with retroreflective sheeting conforming to
unless its placement interferes with this part.
the placement of the sheeting required Thereafter,
by this part. (A) The designated fleet shall be equipped
(1) New cars. Retroreflective sheeting with retroreflective sheeting according to
conforming to this part must be ap- the schedule specified in Table 3 of this sec-
plied to all cars constructed after Jan- tion;
uary 26, 2006, before the cars are placed (B) No later than January 28, 2008, the
in service. freight rolling stock owner shall submit to
(2) Existing cars without retroreflective FRA an updated Reflectorization Implemen-
tation Compliance Report showing which
sheeting. (i) If, as of October 28, 2005, a
cars of the fleet subject to this part were
car subject to this part is not equipped equipped with retroreflective sheeting as re-
on each side with at least one square quired by this part during the initial 24-
foot of retroreflective sheeting as spec- month implementation period. Thereafter,
ified in paragraph (a)(3) of this section, updated Reflectorization Implementation
retroreflective sheeting conforming to Compliance Reports shall be submitted an-
this part must be applied to the car at nually, no later than December 31 of each
the earliest of the following two occa- year for the duration of the 10-year imple-
mentation period. See Appendix B of this
sions occurring after November 28, 2005
part.
or in accordance with paragraph (C) If, following the conclusion of the ini-
(a)(2)(ii) of this section: tial 24-month period or any 12-month period
(A) When the car is repainted or re- thereafter, the percentage requirements of
built; or this section have not been met—
(B) Within nine months (270 calendar (1) The freight rolling stock owner shall be
days) after the car first undergoes a considered in violation of this part;
single car air brake test as prescribed (2) The freight rolling stock owner shall,
by 49 CFR 232.305. within 60 days after the close of the period,
report the failure to the Associate Adminis-
(ii) A freight rolling stock owner may trator;
elect not to follow the schedule in (3) The requirements of paragraph (a)(2)(i)
paragraph (a)(2)(i) of this section if, not shall apply to all railroad freight cars sub-
later than January 26, 2006 the freight ject to this part in the freight rolling stock
rolling stock owner submits to FRA a owner’s fleet; and

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 Federal Railroad Administration, DOT Pt. 224, Subpt. B, Table 4
(4) The fleet owner shall take such addi- TABLE 4 TO SUBPART B OF PART 224—
tional action as may be necessary to achieve ALTERNATIVE SCHEDULE FOR APPLI-
future compliance. CATION OF RETROREFLECTIVE MATE-
(D) Cars to be retired shall be included in RIAL TO LOCOMOTIVES PER
the fleet total until they are retired. § 224.107(b)(2)(ii)
(3) Existing cars with retroreflective sheeting.
If as of October 28, 2005, a car is equipped on (A) 1 (B)
each side with at least one square foot of (percent)
retroreflective sheeting, uniformly distrib- November 28, 2007 ........................................... 40
uted over the length of each side, that car November 28, 2008 ........................................... 60
shall be considered in compliance with this November 28, 2009 ........................................... 80
part through November 28, 2015, provided the November 28, 2010 ........................................... 100
sheeting is not unqualified retroreflective 1Column (A) indicates the date by which the minimum per-

sheeting, and provided the freight rolling centage of an owner’s locomotives specified in column (B)
must be equipped with retroreflective sheeting conforming to
stock owner files a completed this part.
Reflectorization Implementation Compli-
Thereafter,
ance Report with FRA no later than January
(A) The designated locomotive fleet shall
26, 2006 identifying the cars already so
be equipped with retroreflective sheeting ac-
equipped. See Appendix B of this part for
cording to the requirements of this para-
Reflectorization Implementation Compli- graph (b)(2)(ii);
ance form. (B) No later than January 28, 2008, the
(b) Locomotives. Except as provided in para- freight rolling stock owner shall submit to
graph (b)(4) of this section, all locomotives FRA an updated Reflectorization Implemen-
subject to this part must be equipped with tation Compliance Report showing which lo-
conforming retroreflective sheeting by No- comotives of the fleet subject to this part
vember 28, 2010. If a locomotive already has were equipped with retroreflective sheeting
reflective material applied that does not as required by this part during the initial 24
meet the standards of this part, it is not nec- month implementation period. Updated
essary to remove the material unless its Reflectorization Implementation Compli-
placement interferes with the placement of ance Reports shall be submitted annually, no
the sheeting required by this part. later than December 31 of each year, for the
(1) New locomotives. Retroreflective sheet- duration of the 5-year implementation pe-
ing conforming to this part must be applied riod. See Appendix B of this part.
to all locomotives constructed after January (C) If, following the conclusion of the ini-
tial 24-month period or any 12-month period
26, 2006, before they are placed in service.
thereafter, the percentage requirements of
(2) Existing locomotives without retroreflective this section have not been met—
sheeting. (1) The freight rolling stock owner shall be
(i) If as of October 28, 2005 a locomotive considered in violation of this part;
subject to this part is not equipped with the (2) The freight rolling stock owner shall,
minimum amount of retroreflective sheeting within 60 days after the close of the period,
specified in paragraph (b)(3) of this section, report the failure to the Associate Adminis-
retroreflective sheeting conforming to this trator;
part must be applied to the locomotive not (3) The requirements of paragraph (b)(2)(i)
later than nine months after the first bien- shall apply to all locomotives subject to this
nial inspection performed pursuant to 49 part in the freight rolling stock owner’s
CFR 229.29 occurring after November 28, 2005. fleet; and
(ii) A freight rolling stock owner may elect (4) The fleet owner shall take such addi-
not to follow the schedule in paragraph tional action as may be necessary to achieve
(b)(2)(i) of this section, if not later than Jan- future compliance.
(D) Locomotives to be retired shall be in-
uary 26, 2006, the freight rolling stock owner
cluded in the fleet total until they are re-
submits to FRA a Reflectorization Imple-
tired.
mentation Compliance Report certifying
(3) Existing locomotives with retroreflective
that the locomotives in the owner’s fleet sheeting. If as of October 28, 2005, a loco-
subject to this part will be equipped with motive is equipped on each side with at least
retroreflective sheeting as required by this one square foot of retroreflective sheeting,
part in accordance with the schedule speci- that locomotive shall be considered in com-
fied in Table 4 of this section. See Appendix pliance with this part for through November
B of this part. 28, 2015, provided the existing material is not
unqualified retroreflective sheeting, and pro-
vided the freight rolling stock owner files a
Reflectorization Implementation Compli-
ance Report with FRA no later than January
26, 2006, identifying the cars already so

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 § 224.109 49 CFR Ch. II (10–1–14 Edition)
equipped. See appendix B of this part. If, as of the FRA upon request. Any person no-
October 28, 2005, a locomotive is equipped tified of a defect under this section
with unqualified retroreflective sheeting, the shall have nine months (270 calendar
locomotive will be considered in compliance
with this part through November 28, 2015, days) from the date of notification to
provided the locomotive is equipped with a repair or replace the damaged, ob-
minimum of 3 square feet of retroreflective scured, or missing sheeting. Where the
material on each side and provided the inspecting railroad or contractor is the
freight rolling stock owner files a person responsible for the reporting
Reflectorization Implementation Compli- mark, the person shall have nine
ance Report with FRA no later than January
months (270 calendar days) from the
26, 2006, identifying the locomotives already
so equipped. See appendix B of this part. date of the inspection to repair or re-
(4) Each railroad that has fewer than place the damaged, obscured, or miss-
400,000 annual employee work hours as of the ing sheeting.
end of calendar year 2004, and does not share (b) Locomotives. Retroreflective sheet-
locomotive power with another railroad with ing must be visually inspected for pres-
400,000 or more annual employee work hours,
may bring its locomotive fleet into compli-
ence and condition when the loco-
ance according to the following schedule: motive receives the annual inspection
fifty percent of the railroad’s locomotives required under 49 CFR 229.27. If at the
must be retrofitted pursuant to § 224.106(b) by time of inspection less than 80 percent
October 28, 2010, and one hundred percent of the amount of sheeting required
must be retrofitted pursuant to § 224.106(b) by under § 224.105 (§ 224.107 in the case of
October 28, 2015. If a railroad with fewer than locomotives subject to § 224.107(b)(3)) on
400,000 annual employee work hours shares
locomotive power with a railroad with 400,000
either side of a locomotive is present,
or more annual employee work hours, the not damaged, and not obscured, the
smaller railroad must comply with the re- damaged, obscured, or missing sheeting
quirements of paragraphs (b)(2) and (3) of must be repaired or replaced within
this section. nine months (270 calendar days) from
the date of inspection, provided a
§ 224.109 Inspection, repair, and re- record of the defect is maintained in
placement.
the locomotive cab or in a secure and
(a) Railroad freight cars. accessible electronic database to which
Retroreflective sheeting on railroad FRA is provided access on request.
freight cars subject to this part must
be visually inspected for presence and § 224.111 Renewal.
condition whenever a car undergoes a
Regardless of condition,
single car air brake test required under
retroreflective sheeting required under
49 CFR 232.305. If at the time of inspec-
this part must be replaced with new
tion less than 80 percent of the amount
sheeting no later than ten years after
of sheeting required under § 224.105
the date of initial installation. At the
(§ 224.107 in the case of freight cars sub-
time of replacement, it is not nec-
ject to § 224.107(a)(3)) on either side of a
car is present, not damaged, and not essary to remove the old sheeting un-
obscured, the inspecting railroad or less it interferes with the placement of
contractor shall promptly notify the the new sheeting, but the old sheeting
person responsible for the reporting shall not be considered in calculating
mark, as indicated in the Universal the amount of retroreflective material
Machine Language Equipment Reg- required under this part. For purposes
ister, of the damaged, obscured, or of this section, November 28, 2005, shall
missing sheeting (unless the inspecting be considered the initial date of instal-
railroad or contractor is the person re- lation for freight cars and locomotives
sponsible for the reporting mark). The covered by § 224.107(a)(3) or 224.107(b)(3).
inspecting railroad or contractor shall
APPENDIX A TO PART 224—SCHEDULE OF
retain a written or electronic copy of
each such notification made for at CIVIL PENALTIES1
least two years from the date of the no- SUBPART B—APPLICATION, INSPECTION, AND
tice and shall make these records MAINTENANCE OF RETROREFLECTIVE MATE-
available for inspection and copying by RIAL

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 Federal Railroad Administration, DOT Pt. 224, App. A

Willful
Section Violation violation

§ 224.103 Characteristics of retroreflective sheeting:

(a)–(d) Retroreflective sheeting applied does not meet the requirements of § 224.103 ........ $2,500 $5,000
§ 224.105 Sheeting dimensions and quantity:
Failure to apply minimum amount of retroreflective sheeting in accordance with Table 2 ... 2,500 5,000
Applying retroreflective sheeting of wrong dimensions .......................................................... 2,500 5,000
§ 224.106 Location of retroreflective sheeting:
(a), (b)Applying retroreflective sheeting in nonconforming pattern ........................................ 2,000 4,000
§ 224.107 Implementation schedule:
(a)(1), (b)(1) Failure to apply retroreflective sheeting to new freight car or locomotive be-
fore equipment placed in service ........................................................................................ 5,000 7,500
(a)(2), (b)(2), (b)(4) Failure to apply retroreflective sheeting to existing freight car or loco-
motive in accordance with minimum schedule of paragraphs (a)(2), (b)(2), or (b)(4) ....... 5,000 7,500
§ 224.109 Inspection, repair, and replacement:
(a) Failure to perform inspection ............................................................................................ 5,000 7,500
Failure to properly notify car owner of defect ......................................................................... 2,500 5,000
Failure to retain written notification of defect for two years ................................................... 1,500 2,500
Failure to repair defect after notification ................................................................................. 5,000 7,500
(b) Failure to perform inspection ............................................................................................ 5,000 7,500
Failure to repair defect ............................................................................................................ 5,000 7,500
1 A penalty may be assessed against an individual only for a willful violation. The Administrator reserves the right to assess a
penalty of up to $105,000 for any violation where circumstances warrant. See 49 CFR part 209, appendix A.

[70 FR 62176, Oct. 28, 2005, as amended at 73 FR 79702, Dec. 30, 2008; 77 FR 24420, Apr. 24, 2012]

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 Pt. 224, App. B 49 CFR Ch. II (10–1–14 Edition)

APPENDIX B TO PART 224—REFLECTORIZATION IMPLEMENTATION COMPLIANCE REPORT

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 Federal Railroad Administration, DOT Pt. 224, App. B

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 Pt. 224, App. C 49 CFR Ch. II (10–1–14 Edition)

APPENDIX C TO PART 224—GUIDELINES FOR ELECTRONIC SUBMISSION OF

REFLECTORIZATION IMPLEMENTATION COMPLIANCE REPORTS

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