49 U.S.C. § 20143 — Locomotive visibility

(a) Definition. In this section, 'locomotive visibility' means making the front end of a train easier to see, day and night — especially considering how visible it is, and from what angle, to a driver at a grade crossing. (b) Interim Regulations. By December 31, 1992, the Secretary of Transportation had to issue temporary rules naming ditch, crossing, strobe, and oscillating lights as temporary visibility measures, and authorizing and encouraging railroads to install and use them. Subchapter II of chapter 5 of title 5 (the usual rulemaking notice-and-comment procedures) did not apply to these temporary rules or their amendments. (c) Review of Regulations. The Secretary had to review the Secretary's own locomotive visibility rules. By December 31, 1993, the Secretary had to finish the Department of Transportation's ongoing research on locomotive visibility. In doing this review, the Secretary had to gather relevant information from railroads' real-world experience using enhanced visibility measures. (d) Regulatory Proceeding. By June 30, 1994, the Secretary had to start a rulemaking process to set final rules requiring much stronger locomotive visibility measures. In that process, the Secretary had to consider at least (1) revising the existing headlight standards, including placement and brightness; (2) requiring reflective material to improve visibility; (3) requiring extra alerting lights, including ditch, crossing, strobe, and oscillating lights; (4) requiring auxiliary lights so the locomotive is visible from the side; (5) how an enhanced visibility measure would affect train crew members' vision, health, and safety; and (6) separate standards for self-propelled, push-pull, and multi-unit passenger trains that have no dedicated locomotive at the front. (e) Final Regulations. (1) By June 30, 1995, the Secretary had to issue final rules requiring enhanced locomotive visibility measures. The Secretary had to require that, by December 31, 1997, any locomotive not excluded from the rules be equipped with either the temporary measures from subsection (b) or the measures the final rules require. (2) In writing these final rules, the Secretary could exclude a category of trains or rail operations from a specific visibility requirement if the Secretary decided the exclusion served the public interest and was consistent with rail safety, including safety at grade crossings. (3) A locomotive already equipped with the temporary measures from subsection (b) when the final rules were issued is treated as complying with the final rules for 4 years after they were issued.