Locomotive Conspicuity; Minimum Standards for Auxiliary External Lights

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 229

[FRA Docket No. RSGC-2, Notice No. 6]

RIN 2130-AA80

Locomotive Conspicuity; Minimum Standards for Auxiliary External

Lights

AGENCY: Federal Railroad Administration (FRA), DOT.

ACTION: Interim rule with request for comments.

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SUMMARY: This interim rule (referred to as ``IR-2'') amends FRA's

interim rule (referred to as ``IR-1'') published on February 3, 1993,

by relaxing the standards IR-1 contained concerning auxiliary external

lights on locomotives. IR-2 contains detailed and specific performance

standards regarding color, intensity, operation, mounting location and

flash rate for ditch lights, crossing lights, strobe lights and

oscillating lights. This action is intended to increase the visibility

of locomotives to motorists and thereby reduce the incidence of

accidental collisions between motor vehicles and locomotives at

highway-rail grade crossings.

DATES: This interim rule is effective May 13, 1994; written comments

must be received on or before July 12, 1994. Comments received after

that date will be considered so far as possible without incurring

additional expense or delay.

ADDRESSES: Written Comments: Written comments and petitions for

reconsideration should identify the docket number and the notice number

and must be submitted in triplicate to the Docket Clerk, Office of

Chief Counsel, FRA, 400 Seventh Street, SW., Washington, DC 20590.

Public hearing: Given the limited scope of this interim rule and

the statutory exception under 45 U.S.C. 431(u)(2) from public

proceedings, FRA does not believe that a public hearing is warranted at

this time. However, FRA will consider any request for an opportunity to

make an oral presentation that is filed by the deadline for written

comments.

FOR FURTHER INFORMATION CONTACT: Gordon Davids, Bridge Engineer, Office

of Safety, FRA, 400 Seventh Street, SW., Washington, DC 20590

(telephone: 202-366-9186); Edward R. English, Director, Office of

Safety Enforcement, Office of Safety, FRA, 400 Seventh Street, SW.,

Washington, DC 20590 (telephone: 202-366-9252); or Marina C. Appleton,

Trial Attorney, Office of Chief Counsel, FRA, 400 Seventh Street, SW.,

Washington, DC 20590 (telephone: 202-366-0628).

SUPPLEMENTARY INFORMATION: On February 3, 1993, FRA published an

interim rule (IR-1) (58 FR 6899, to be codified at 49 CFR 229.133),

with request for comments, concerning measures to enhance the

conspicuity of locomotives. IR-1 implemented requirements mandated by

section 14 of the Amtrak Authorization and Development Act (Pub. L.

102-533). This enabling legislation added new subsection (u) to section

202 of the Federal Railroad Safety Act of 1970 (Safety Act) (45 U.S.C.

431), which reads as follows:

(u) Locomotive Conspicuity.

(1) The Secretary shall conduct a review of the Department of

Transportation's rules with respect to locomotive conspicuity and

shall complete the Department's current locomotive conspicuity

research no later than December 31, 1993. As part of this review,

the Secretary shall collect relevant data from operational

experience by railroads having enhanced conspicuity measures in

service.

(2) Not later than December 31, 1992, the Secretary shall issue

interim regulations identifying ditch lights, crossing lights,

strobe lights, and oscillating lights as interim locomotive

conspicuity measures, and authorizing and encouraging installation

and use of such measures. The interim regulations and any amendments

thereto shall be adopted without regard to subchapter II of chapter

5 of Title 5. Any locomotive equipped with such interim conspicuity

measures on the date of issuance of final regulations under

paragraph (3) shall be considered in full compliance with such final

regulations until 4 years after issuance of such final regulations.

(3) Not later than June 30, 1994, the Secretary shall initiate a

rulemaking proceeding to issue final regulations requiring

substantially enhanced locomotive conspicuity measures. In such

rulemaking proceeding, the Secretary shall consider, at a minimum--

(A) Revisions to the existing locomotive headlight standard,

including standards for placement and intensity;

(B) Requiring use of reflective materials to enhance locomotive

conspicuity;

(C) Requiring use of additional alerting lights (including

ditch, crossing, strobe, and oscillating lights);

(D) Requiring use of auxiliary lights to enhance locomotive

conspicuity when viewed from the side;

(E) The effect of any enhanced conspicuity measures on the

vision, health, and safety of train crew members;

(F) separate standards for self-propelled, push-pull and multi-

unit passenger operations without a dedicated head-end locomotive.

(4) In issuing regulations under paragraph (3), the Secretary

may exclude from any specific conspicuity requirement and category

of trains or rail operations if the Secretary determines that such

an exclusion is in the public interest and is consistent with rail

safety (including grade-crossing safety).

(5) The Secretary shall issue final regulations requiring

enhanced locomotive conspicuity measures no later than June 30,

1995. The Secretary shall require that all locomotives not excluded

from the regulations be equipped with interim conspicuity measures

under paragraph (2) or the conspicuity measures mandated by final

regulations issued under this paragraph, no later than December 31,

1997.

(6) As used in this subsection, the term ``locomotive

conspicuity'' means the enhancement of day and night visibility of

the front-end unit of a train, by means of lighting, reflective

materials, or other means, with particular consideration to the

visibility and perspective of drivers of motor vehicles at grade

crossings.

Under IR-1, ditch lights, crossing lights, strobe lights and

oscillating lights were designated as interim locomotive conspicuity

measures. Conspicuity measures that comply with IR-1, IR-2 or any

amendment thereto, are deemed to comply with the final rule for four

years after its issuance. As required by the enabling legislation, the

final rule requiring enhanced locomotive conspicuity measures must be

issued no later than June 30, 1995. All locomotives not excluded from

the final regulations must be equipped with either the interim

conspicuity lighting arrangements identified in IR-1 or IR-2 or the

conspicuity arrangements mandated by the final regulations, no later

than December 31, 1997.

If the final rule is issued prior to the deadline, June 30, 1995,

the statute's four-year grace period would begin on that earlier date.

Likewise, although IR-1 and IR-2 do not require that any train be

equipped with conspicuity measures, the final rule may require such

equipping even prior to December 31, 1997, which is the latest date for

requiring such measures.

Research on locomotive conspicuity conducted through the Volpe

National Transportation Systems Center was completed on schedule in

1993. FRA will continue to gather and analyze data concerning means of

enhancing visibility of trains at highway-rail grade crossings.

Public Participation in the Rulemaking

Subsection 202(u)(2) of the Safety Act provides that IR-1 and IR-2

and any amendment to either rule shall be adopted without regard to

subchapter II of chapter 5 of title 5, United States Code. This

subsection thus allows IR-1 and IR-2 to be issued without regard to the

Administrative Procedure Act's (APA) general requirement of providing

an opportunity for public participation in the rulemaking process or,

by implication, the Safety Act's requirement that an opportunity for

oral presentation be provided where notice and comment are necessary.

See 45 U.S.C. 431(b). Similarly, the normal APA requirement that a rule

be effective no sooner than 30 days after issuance does not apply here.

See 5 U.S.C. 553(d).

Although the enabling legislation suspended the requirements for

notice and comment, FRA will consider written comments received on or

before July 12, 1994. During this period, FRA will also consider

petitions for amendment of this rule, provided that such petitions

clarify the descriptions of devices addressed in this rule, or identify

devices that perform the same function at least as effectively as those

devices addressed in this rule.

Discussion of Comments and Section Analysis

In IR-1, FRA solicited comments from railroads, lighting

manufacturers, railroad employees and other interested persons

regarding (i) the specific performance standards for the different

auxiliary lighting arrangements detailed in that rule and (ii) the

concept of ``locomotive conspicuity'' in general.

FRA received comments from the Florida East Coast Railway Company,

the Union Pacific Railroad Company (UP), The American Short Line

Railroad Association (ASLRA), the Association of American Railroads

(AAR), the Northeast Illinois Regional Commuter Railroad Corporation

(METRA), the Long Island Rail Road, Canadian Pacific Limited (CP), the

Quest Corporation, 3M, Flash Technology Corporation of America, the

Norfolk Southern Corporation (NS), and the Canadian National Railway

Company (CN).

After review of public comments, FRA determined that changes to IR-

1 are warranted. The following discussion is provided in response to

these comments and in explanation of these changes.

A. Length of the ``Grandfathering'' Period (Sec. 229.133(a))

Several commenters, including AAR, UP and ASLRA, requested that any

auxiliary lighting system meeting the specifications in IR-1 that is

installed on a locomotive be considered in compliance with the final

rule for the entire life of the locomotive, rather than for only the

four-year period specified in IR-1 at 49 CFR 229.133(a).

The enabling legislation specifically allowed a four-year period of

acceptability for installed auxiliary lighting systems that conform to

the specifications outlined in IR-1. FRA does not have the authority to

``grandfather'' such lighting systems beyond that four-year period.

Furthermore, FRA does not want to constrain the content and

applicability of the final rule to decisions made at this time without

benefit of information from research and rulemaking that will be

available and incorporated into the rulemaking process beginning in

1994. FRA will endeavor to apply a ``rule of reason'' at the final-rule

stage to recognize the value of early investments in auxiliary lighting

systems that were in service prior to the issuance of the final rule.

B. Activation of Auxiliary Lighting Systems (Secs. 229.133 (b)(1)(iii),

(b)(2)(iv), (b)(3)(v) and (b)(4)(ii))

ASLRA requested that the interim rule not reference the manner in

which the auxiliary lighting systems would be activated on the

locomotive. ASLRA is concerned that the language in IR-1 at

Secs. 229.133(b)(1)(iii), (b)(2)(iv), (b)(3)(v) and (b)(4)(ii)

referring to activation parameters of auxiliary lights might be

considered a precedent for adoption of similar provisions in the final

rule without full consideration of the consequences.

FRA agrees in part. Mention of specific activation parameters

without requiring their use may be interpreted to imply that similar

parameters would be incorporated in the final rule. That is not the

intent of the interim rule. Activation methods or systems will be

specified in the final rule as needed. Such activation methods could

then be applied to almost any system regardless of whether the lights

were installed prior to or after the final rule.

In reality, any system imaginable is capable of actuation by a wide

variety of devices and at almost any time. The final rule may require

actuation devices to be provided wherever necessary, without rendering

existing lighting systems obsolete. Therefore, the specification for

capability of automatic operation has been eliminated in IR-2.

C. Dimensional Requirements for Lighting Placement

(Secs. 229.133(b)(1)(i), (b)(2)(iii) and (b)(3)(i))

Several responders commented on the vertical and horizontal

dimensional requirements for the various auxiliary lighting

arrangements in IR-1.

The dimensional requirements for light placement in IR-1 at

Secs. 229.133(b)(1)(i), (b)(2)(iii) and (b)(3)(i) represented the best

information available to FRA at the time of issuance of IR-1. The

governing principle was to have the lights far enough apart to be

distinguishable, preferably forming a triangle with the headlight, and

high enough above the rail that they would be effective in snow as well

as over vertical curves in the railroad track.

The comments and photographs submitted in this regard were valid

and informative. Several locomotive types in common use present a

problem with installation of ditch or crossing lights with horizontal

spacing greater than 49 inches. CN, which has had considerable

experience and success with ditch lights, has one type of installation

with a horizontal spacing of 37 inches, and focused on the track at a

point 800 feet in front of the locomotive. Other locomotives have

horizontal spacing less than the minimum requirement of 60 inches

contained in IR-1 at Sec. 229.133(b)(1)(i). CN also has some

locomotives equipped with ditch lights placed 91 inches above the rail,

above the 84-inch maximum established in IR-1 at Sec. 229.133(b)(1)(i).

METRA, the commuter railroad in the Chicago area, has ditch lights

mounted on cab control cars at a height of only 25 inches above the

rail, lower than the 36-inch minimum in IR-1 at Sec. 229.133(b)(1)(i).

Additionally, the flat section of the cab roof on some EMD locomotives

might inhibit the installation of strobe lights spaced 60 inches

horizontally.

1. Three-Light Triangle Dimensions: (New Secs. 229.133(b)(1)(ii),

(iii), (b)(2)(iii) and (b)(3)(ii), (iii))

FRA believes that the purpose of IR-2 would be best served by

broadening the limits on acceptable placement dimensions to some

degree. However, some minimum horizontal spacing of lights remains

necessary to permit recognition of a characteristic pattern by a

motorist sufficiently in advance of the approach of a train to permit

timely defensive action. FRA concludes that the spacing requirement for

ditch and crossing lights can be modified if the vertical dimension of

the three-light triangle (headlight and two crossing lights; headlight

and two ditch lights; or headlight and two strobe lights) is large

enough to afford recognition by a motorist not only of the approaching

train, but also of its general location relative to the crossing. If

the vertical dimension, or the altitude, of the three-light triangle is

at least 60 inches, it would compensate for a shorter horizontal

spacing of the lower lights, or base of the triangle. The normal human

eye can resolve two objects spaced to form an angle of approximately

one-half of one degree. The orientation--horizontal, vertical or

diagonal--is immaterial. Spacing of 60 inches subtends, or delimits,

one-half of one degree at 573 feet from the observer, beyond which

distance the lights are seen as one. This distance corresponds to an

approach time of 6.5 seconds at 60 miles per hour.

2. Horizontal Dimensions (New Secs. 229.133(b)(1) (ii), (iii),

(b)(2)(iii) and (b)(3)(ii), (iii))

FRA concludes that the minimum horizontal interval between adjacent

crossing lights and adjacent ditch lights should be reduced from 60 to

36 inches, provided that, if the horizontal interval is less than 60

inches, the vertical distance between the headlight and the plane of

the ditch or crossing lights be not less than 60 inches. See IR-2 at

Secs. 229.133(b)(1)(ii), (iii) and (b)(3)(ii), (iii).

Strobe lights derive their effectiveness more from their intensity

and characteristic flash pattern than from their relative spacing. The

effectiveness of omni-directional strobe lights can be enhanced by

mounting them at the highest point on the locomotive cab roof. In order

to accommodate such mounting on some cabs with flat top sections

narrower than 60 inches, the minimum spacing between adjacent strobe

lights is reduced to 48 inches, as set forth in IR-2 at

Sec. 229.133(b)(2)(iii).

3. Vertical Dimensions (Secs. 229.133(b)(1)(i), (b)(2)(iii) and

(b)(3)(i))

The most common placement of ditch or crossing lights on a road

switcher locomotive is directly above the front platform. The headlight

is commonly located on the front cab wall, just below the roof line.

The front platform is typically between five and six feet above the

rail; the cab roof line, 14 feet above the rail. Allowing a

conservative placement of one foot from the surface of the front

platform to the centerline of the lower lights, and two feet from the

edge of the cab roof to the center of the upper headlight unit, the

vertical spacing between the lower lights and the headlight would be

five feet, or 60 inches.

Height above the rail is a factor in the visibility of a light for

several reasons. Increased height has several advantages. First, the

light will be less obstructed by objects or vertical curves on or in

the track. Second, the light will be less affected by accumulations of

snow or foreign material thrown up by the pilot, plow or wheels. Third,

the light is less likely to be damaged should the locomotive strike a

foreign object. There is no reason to limit the maximum height above

the rail for crossing or ditch lights, provided that they meet the

criteria for horizontal or vertical spacing as discussed above.

The minimum height for ditch lights was specified in IR-1 as 36

inches in Sec. 229.133(b)(1)(i), and as 48 inches for crossing lights

in Sec. 229.133(b)(3)(i), in order to accommodate mounting below the

front platform, if necessary. There is no reason for inconsistency

between the dimensions for ditch lights and for crossing lights; ditch

lights could become crossing lights after modification of control

circuitry. Thus, the minimum height for crossing lights in IR-1 at

Sec. 229.133(b)(3)(i) is revised from 48 inches to 36 inches.

The 36-inch minimum height requirement will permit maintenance of

the 60-inch vertical dimension on locomotives with the headlight

mounted in a low front hood. This height requirement also aids the

observer's sight distance. The maximum vertical curve recommended by

the American Railway Engineering Association for main track has a rate

of change of grade of 0.2 percent per 100 feet. On this vertical curve,

a light three feet above the track will be visible to an observer at a

distance of 1,095 feet, provided the observer's eyes are three feet

above the track. A reduction in height of one foot, of either the

observer or the light, reduces the sight distance by approximately 100

feet.

The one comment requesting a lower height above the rail applied

only to cab control cars in suburban passenger service. If those cars

have suitable conspicuity while operating on their specific routes, the

final rule may permit their light configuration in that service.

However, the 25-inch height requested is not suitable for general

railroad service, owing to the reduced visibility on vertical curves,

susceptibility to snow, and damage from foreign objects. FRA therefore

concludes that the minimum height of 36 inches for ditch lights,

crossing lights and strobe lights will be retained in IR-2. See IR-2 at

Secs. 229.133(b)(1)(i), (b)(2)(iii) and (b)(3)(i).

D. Strobe Lights (Sec. 229.133(b)(2)(i))

Flash Technology commented that one forward-facing, focused strobe

light could be more effective than two omni-directional strobe lights

described in IR-1 at Sec. 229.133(b)(2)(i). If any railroads are

presently using the former type of system, none commented or requested

its inclusion in the interim rule.

The purpose of both IR-1 and IR-2 is to encourage the installation

of currently available effective systems. FRA was not provided with any

information indicating that one forward-facing, focused strobe light

has been in service or proven effective to date. Such technology may be

considered in the final rule. The authority for expedited issuance of

IR-1 did not contemplate the inclusion of systems not in current use.

Therefore, IR-2 will continue the requirement for two strobe lights.

E. Flash Rates (Secs. 229.133(b)(2)(ii), (b)(3)(iii) and New

Secs. 229.133(b)(2)(ii), (b)(3)(v))

Flash Technology commented that the limits of flash rate of strobes

should be broadened to incorporate units used by Amtrak which flash at

a period of 0.5 seconds. This rate is used by the Federal Aviation

Administration (FAA) for runway lead-in lighting, and does not cause

problems with flicker vertigo. Research conducted for FRA by the

Transportation Systems Center in 1974 and 1975 shows that a flash rate

as rapid as three per second effectively improves conspicuity, and does

not produce flicker vertigo. In view of this research and comment, the

flash rate for both strobe lights and crossing lights is broadened in

IR-2 at Secs. 229.133(b)(2)(ii) and (b)(3)(v), respectively, to permit

rapid flash rates up to three per second, or 180 per minute.

Generally, the original specifications for flash rates were drawn

around a time period of one second. The proposed revisions to flash or

operating rates range on either side of one per second. IR-2 is

clarified by restatement of the flash rates in terms of flashes or

cycles per minute.

F. Oscillating Lights (Sec. 229.133(b)(4))

The Florida East Coast Railway Company commented that its

locomotives have been equipped since 1978 with an Oscitrol warning

light that performs the functions of an oscillating light. This warning

light consists of two lamps co-located in the same fixture, aimed three

degrees to either side of the locomotive centerline, which flash

alternately at a rate of approximately 50 times per minute. It also

uses one red lamp, which is actuated by a heavy application of the

train air brake.

The red light is used for purposes other than improved conspicuity

at highway-rail crossings. It need be addressed only to the extent that

the actuation of a red oscillating light generally extinguishes the

white light. Its primary purpose is to alert approaching trains on

adjacent tracks that the train displaying the red light has undergone a

heavy brake application, and could possibly foul the adjacent track.

FRA believes that the warning lights used by Florida East Coast are

effective and within the family of oscillating lights defined in the

enabling legislation. They are therefore included in the definition of

an acceptable oscillating light.

Display of the red light, overriding the white light, occurs only

in specific, critical situations when necessary to avoid potential

train collisions. The safety benefit of this type of red light, in the

rare circumstances under which it is used, outweighs the consequences

of the short-term loss of the oscillating white light. This feature is

permitted, but not mandated, in acceptable interim oscillating light

systems.

Regulatory Impact

Executive Order 12866 and DOT Regulatory Policies and Procedures

This interim rule has been evaluated in accordance with existing

regulatory policies and procedures and is considered to be a

nonsignificant regulatory action under DOT policies and procedures (44

FR 11034; February 26, 1979). This rule also has been reviewed under

Executive Order 12866 and is considered ``nonsignificant'' under that

Order. This interim rule does not require the use of an auxiliary

lighting system. Instead, the rule encourages the installation and use

of auxiliary lighting arrangements on locomotives.

Although ``nonsignificant,'' FRA nonetheless has prepared a

regulatory evaluation addressing the economic impact of the rule. This

regulatory evaluation estimates that economic costs are negligible

because installation of the auxiliary external lights on locomotives by

railroads is not mandatory. Anticipated benefits and impacts of the

rule will not be known until all relevant data is collected and

examined by FRA. This regulatory evaluation has been placed in the

docket and is available for public inspection and copying during normal

business hours in Room 8201, Office of Chief Counsel, FRA, 400 Seventh

Street, SW., Washington, DC 20590. Copies may also be obtained by

submitting a written request to the FRA Docket Clerk at the above

address.

Regulatory Flexibility Act

The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)

requires a review of rules to assess their impact on small entities,

unless the Secretary certifies that a final rule will not have a

significant economic impact on a substantial number of small entities.

This interim rule will not have an adverse impact on any entity because

it does not place any new requirements or burdens on the public.

Therefore, it is certified that the interim rule will not have a

significant economic impact on a substantial number of small entities

under the provisions of the Regulatory Flexibility Act.

Paperwork Reduction Act

This rule does not contain a collection of information requirement

for purposes of the Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et

seq.

Environmental Impact

FRA has evaluated these regulations in accordance with its

procedures for ensuring full consideration of the environmental impact

of FRA actions, as required by the National Environmental Policy Act

(42 U.S.C. 4321 et seq.), other environmental statutes, Executive

Orders, and DOT Order 5610.1c. It has been determined that this rule

will not have any effect on the quality of the environment.

Federalism Implications

This rule will not have a substantial effect 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. Thus, in accordance with Executive Order 12612, preparation

of a Federalism Assessment is not warranted.

Under section 205 of the Federal Railroad Safety Act of 1970 (45

U.S.C. 434), issuance of this regulation preempts any State law, rule,

regulation, order, or standard covering the same subject matter, except

for a provision directed at a local safety hazard if that provision is

consistent with this rule and does not impose an undue burden on

interstate commerce.

List of Subjects in 49 CFR Part 229

Railroad safety.

Adoption of the Amendment

In consideration of the foregoing, FRA amends part 229, title 49,

Code of Federal Regulations to read as follows:

PART 229--RAILROAD LOCOMOTIVE SAFETY STANDARDS

1. The authority citation for part 229 is revised to read as

follows:

Authority: 45 U.S.C. 22-34; 45 U.S.C. 431, 438; 49 App. U.S.C.

1655(e); Pub. L. 100-342; Pub. L. 102-365; Pub. L. 102-533; 49 CFR

1.49 (c), (g) and (m).

2. Section 229.133 is amended by revising paragraph (b) to read as

follows:

Sec. 229.133 Interim Locomotive Conspicuity Measures--Auxiliary

External Lights

* * * * *

(b) Each qualifying arrangement of auxiliary external lights shall

conform to one of the following descriptions:

(1) Ditch lights. (i) Ditch lights shall consist of two white

lights, each producing a steady beam of at least 200,000 candela,

placed at the front of the locomotive, at least 36 inches above the top

of the rail.

(ii) Ditch lights shall be spaced at least 36 inches apart if the

vertical distance from the headlight to the horizontal axis of the

ditch lights is 60 inches or more.

(iii) Ditch lights shall be spaced at least 60 inches apart if the

vertical distance from the headlight to the horizontal axis of the

ditch lights is less than 60 inches.

(iv) Ditch lights shall be focused horizontally within 45 degrees

of the longitudinal centerline of the locomotive.

(2) Strobe lights. (i) Strobe lights shall consist of two white

stroboscopic lights, each with ``effective intensity,'' as defined by

the Illuminating Engineering Society's Guide for Calculating the

Effective Intensity of Flashing Signal Lights (November 1964), of at

least 500 candela.

(ii) The flash rate of strobe lights shall be at least 40 flashes

per minute and at most 180 flashes per minute.

(iii) Strobe lights shall be placed at the front of the locomotive,

at least 48 inches apart, and at most 36 inches above the top of the

rail.

(3) Crossing lights. (i) Crossing lights shall consist of two white

lights, placed at the front of the locomotive, at least 36 inches above

the top of the rail.

(ii) Crossing lights shall be spaced at least 36 inches apart if

the vertical distance from the headlight to the horizontal axis of the

ditch lights is 60 inches or more.

(iii) Crossing lights shall be spaced at least 60 inches apart if

the vertical distance from the headlight to the horizontal axis of the

ditch lights is less than 60 inches.

(iv) Each crossing light shall produce at least 200,000 candela,

either steadily burning or alternately flashing.

(v) The flash rate of crossing lights shall be at least 40 flashes

per minute and at most 180 flashes per minute.

(vi) Crossing lights shall be focused horizontally within 15

degrees of the longitudinal centerline of the locomotive.

(4) Oscillating light. (i) An oscillating light shall consist of:

(A) one steadily burning white light producing at least 200,000

candela in a moving beam that depicts a circle or a horizontal figure

``8'' to the front, about the longitudinal centerline of the

locomotive; or

(B) two or more white lights producing at least 200,000 candela

each, at one location on the front of the locomotive, that flash

alternately with beams within five degrees horizontally to either side

of the longitudinal centerline of the locomotive.

(ii) An oscillating light may incorporate a device that

automatically extinguishes the white light if display of a light of

another color is required to protect the safety of railroad operations.

* * * * *

Issued in Washington, DC, on May 9, 1994.

Jolene M. Molitoris,

Federal Railroad Administrator.

[FR Doc. 94-11733 Filed 5-12-94; 8:45 am]

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