FRA Revises Noise Emission Regulation

By Christie Welsh

On April 15, 2019, Federal Railroad Administration (“FRA”) issued a final rule to eliminate the requirement that certain locomotives display a badge or tag to demonstrate the railroad has certified the locomotives comply with noise emission standards. This final rule was aimed at reducing economic burdens on the rail industry by removing certain showings of compliance.  FRA notes that railroads will see cost-saving benefits from this final rule because going forward, any railroad purchasing new locomotives will now not be required to display a badge showing its certification with 49 CFR  § 210.27. Also, badges will no longer need to be replaced when locomotives are overhauled.

In its final rule, FRA specifically determined that paragraph (d) of 49 CFR §210.27, requiring the attachment of a permanent badge or tag in the cab of the locomotive to display the results of the certification test is no longer required. FRA notes, however, that although railroads no longer need to display a badge or tag in the locomotive cab, the locomotives still need to be tested and certified to comply with the noise emission standards, as required under paragraphs (a) through (c) of §210.27. The final rule is effective as of April 15, 2019.

The final rule can be found here.