By: Michael Barron Jr.

In today’s Federal Register the FRA has come out with a proposed rulemaking on amendments to reflectorization of rolling stock.  The FRA seeks to codify existing waivers exempting certain equipment from the rule and to use a performance based method to determine when to replace reflectorization sheeting.  

 There is a waiver from the relectorization rule already in place for rolling stock used only for “Tourist, Historic, Excursion, Educational, Recreational, or Private” (THEERP) purposes.  The proposed rule seeks to codify that waiver as part of the rule. 

 Secondly, the rule proposes to codify an existing waiver to allow the replacement of retroreflective sheeting to be determined by alternative methods of evaluating the sheeting’s effectiveness. Permitting performance-based methods of reflectorization evaluation and replacement is, in the FRA’s view, “a more reliable and accurate way to evaluate the effectiveness of the retroreflectivity of the required sheeting than part 224’s current 10-year default replacement cycle.”

 The proposed rule also seeks to delete the original rule’s implementation schedule which is no longer relevant.

 A copy of the proposed rule is attached. FR NPRM on reflectorization amendments 

Please contact Michael Barron Jr.  MBarron@fletcher-sippel.com if you have questions.