Railroad Grade Crossing Safety

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Part 392

[FHWA Docket No. FHWA-98-4202]

RIN 2125-AD75

Railroad Grade Crossing Safety

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of proposed rulemaking (NPRM); request for comments.

-----------------------------------------------------------------------

SUMMARY: The Hazardous Materials Transportation Authorization Act of

1994 requires the amendment of the Federal Motor Carrier Safety

Regulations (FMCSRs) to prohibit operators of commercial motor vehicles

(CMVs) from driving onto a railroad grade crossing unless there is

sufficient space to drive completely through the crossing without

stopping. The FHWA, therefore, proposes to make this amendment which is

intended to reduce the incidence of collisions between trains and CMVs.

Comments and information are requested about railroad grade crossings

that lack sufficient clearance for some CMVs to be driven completely

through the crossing before being required to stop by a stop sign,

highway traffic signal, or similar traffic control device. The FHWA

intends to have a public meeting in Washington, D.C. during the comment

period to discuss this subject matter.

DATES: Data and information concerning railroad-highway crossings from

State agencies must be received no later than September 28, 1998.

Comments from motor carriers and other interested parties must be

received no later than November 27, 1998.

ADDRESSES: All signed, written comments should refer to the docket

number that appears at the top of this document and must be submitted

to Docket Clerk, U.S. DOT Dockets, Room PL-401, Federal Highway

Administration, 400 Seventh Street, SW., Washington, DC 20590. All

comments received will be available for examination at the above

address from 8:30 a.m. to 3:30 p.m., e.t., Monday through Friday,

except Federal holidays. Those desiring notification of receipt of

comments must include a self-addressed, stamped postcard/envelope.

FOR FURTHER INFORMATION CONTACT: Mr. David M. Lehrman, Office of Motor

Carrier Research and Standards, (202) 366-0994, or Mr. Charles E.

Medalen, Office of the Chief Counsel, (202) 366-1354, Federal Highway

Administration, Department of Transportation, 400 Seventh Street, SW.,

Washington, DC 20590. Office hours are from 7:45 a.m. to 4:15 p.m.,

e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

Internet users can access all comments received by the U.S. DOT

Dockets, Room PL-401, by using the universal resource locator (URL):

http://dms.dot.gov. It is available 24 hours each day, 365 days each

year. Please follow the instructions online for more information and

help.

An electronic copy of this document may be downloaded using a modem

and

[[Page 40692]]

suitable communications software from the Government Printing Office's

Electronic Bulletin Board Service at (202) 512-1661. Internet users may

reach the Federal Register's home page at: http://www.nara.gov/fedreg

and the Government Printing Office's database at: http://

www.access.gpo.gov/nara.

Background

The purpose of driving rules concerning railroad grade crossings is

to prevent the disastrous consequences which result when trains collide

with commercial motor vehicles. These consequences are particularly

horrendous when the commercial motor vehicle is transporting passengers

or hazardous materials. On August 26, 1994, the President signed the

Hazardous Materials Transportation Authorization Act of 1994 (Pub. L.

103-311, 108 Stat. 1673)(the Act). Section 112 of the Act requires the

Secretary of Transportation to amend the FMCSRs to prohibit the driver

of any CMV from driving the motor vehicle onto a highway-railroad grade

crossing without having sufficient space to drive completely through

the crossing without stopping.'' In response to the Act, the FHWA

proposes to amend Sec. 392.12 of the FMCSRs to implement this statutory

prohibition.

Some railroad grade crossings, however, lack sufficient clearance

for some CMVs to drive completely through before stopping for a stop

sign or other traffic control device. For example, a railroad grade

crossing with 12.2 meters (40 feet) between the tracks and a stop sign

could not accommodate a tractor-trailer combination which is 18.3

meters (60 feet) long. The FHWA requests that State agencies submit

data on the number and locations of such railroad grade crossings

within their respective States. In doing so, State agencies should

identify the railroad grade crossings where CMVs with the longest legal

length under applicable State law could not comply with the proposed

rule. The FHWA especially wants to determine whether any such crossings

are present on the National Network (NN) where the operation of CMV

combinations with two 8.5-meter (28-foot) trailers, or even longer

combinations, is permitted. Information about reasonable access routes

used by these vehicles in traveling to or from the NN would also be

useful. States that allow longer combination vehicles affected by the

freeze imposed by the Intermodal Surface Transportation Efficiency Act

of 1991 should make particular efforts to determine the effect of this

proposed rule on those vehicles, which are prohibited from using routes

not in actual, lawful use under State law or regulation on or before

June 1, 1991.

The rule, if promulgated, could impact the allowable routing of

CMVs. Motor carriers and drivers would have to consider all railroad

grade crossings which would be encountered during a trip. If the CMV

driver could not use a railroad grade crossing without violating

Sec. 392.12, an alternative routing which avoids that crossing would

have to be selected. The scenario would be similar where there is

little clearance between a railroad grade crossing and a highway

traffic signal. Upon approaching such a crossing, a CMV driver could

stop short of the tracks and wait until the signal permitted the

movement of traffic before attempting to drive through the crossing.

Signal timing might have to be adjusted to allow enough time for the

CMV to move completely through the crossing, given the time necessary

to accelerate from a complete stop and/or the delay caused by the queue

of other motor vehicles. The proposed rule would also prohibit the

driving of a CMV onto a railroad grade crossing when stopped motor

vehicle(s) prevent the driving of the CMV completely through the

crossing without stopping. Similarly, changes in the location of

traffic signs could alleviate the problems of insufficient clearance.

The FHWA believes that at least some motor carriers are aware of

the approximate frequency with which their drivers encounter a railroad

grade crossing with a nearby stop sign or other traffic control device

that prevents driving completely through the crossing without stopping,

or that they could obtain this information without substantial effort.

The FHWA requests these motor carriers to assess the impact of the

proposed rule upon their operations and advise the agency of this

assessment. In addition, the FHWA will consider any recommendation to

implement the statutory prohibition that would minimize the

difficulties and burdens upon the operations of motor carriers while

reducing the likelihood of collisions between trains and CMVs. Physical

infrastructure improvements may provide an alternative in some

situations. During the public input process to the Secretary's Task

Force on Grade Crossing Safety and in deliberations of the Task Force's

Technical Work Group, a number of infrastructure improvements were

presented. The proposed improvements included physical relocation of

the roadway or railroad, construction of escape or merge lanes,

replacement of signs with traffic signals, adjusting signal timing, and

interconnecting signals. State and local agencies are requested to

comment on the benefits, feasibility and impact of the infrastructure

alternatives.

As explained more fully below, the Department of Transportation has

worked with States to help improve safety at railroad-highway

crossings. One recommendation of the Secretary's Grade Crossing Safety

Task Force was that ``State and local highway authorities should

initiate engineering studies to determine if safety improvements are

warranted at grade crossings near highway-highway intersections where

there is no interconnection and where there is limited storage

distance. Emphasis should be given to locations with STOP sign control

at the highway-highway intersection, where storage space is less than

required to accommodate the longest legal vehicle permitted to use the

highway, and where accident potential is greater due to high volumes of

highway and/or rail traffic.'' In response to this recommendation,

States have begun to develop databases that, among other things,

indicate where crossings with storage distance problems may exist.

The FHWA requests that State agencies submit data and information

concerning railroad-highway crossings within their jurisdiction by

September 28, 1998. The FHWA also intends, as part of this rulemaking,

to contact its State partners to obtain the latest information

available. The FHWA will place the information obtained from the States

in the docket. Motor carriers and others interested in this rulemaking

are asked to check the information placed in the docket and, by

November 27, 1998, to advise the FHWA of the impact they believe the

proposal contained in this NPRM will have on motor carrier operations

and highway and rail safety generally.

The FHWA believes that as a result of the work done by States in

this area over the past several years, much information is available

regarding the number and location of railroad-highway crossings that

present storage problems, especially for longer commercial motor

vehicles. However, if such information is not available or is submitted

late to the docket, or if the information reveals an unexpectedly large

number of railroad-highway crossings presenting storage problems, the

FHWA may extend the period for comment to this docket to enable

interested parties to comment to the docket and to provide the FHWA

with the information and time necessary to effectively and reasonably

implement section 112.

FHWA and the Federal Railroad Administration request comments on

[[Page 40693]]

the advisability of making provision for retaining such information

within the U.S. DOT/AAR National Highway-Rail Crossing Inventory thus

allowing State DOTs the option of keeping such data current and

accessible.

In order to fully understand the context in which this NPRM arose,

it is necessary to review Department of Transportation efforts to

address the issue of railroad grade crossing safety.

DOT Initiatives on Grade Crossing Safety

Shortly after the collision of a commuter train with a school bus

in Fox River Grove, Illinois which resulted in seven deaths on October

25, 1995, the Secretary of Transportation established the U.S. DOT

Grade Crossing Safety Task Force to look into grade crossing safety.

The Task Force was composed of representatives from four modal

administrations within the Department: the Federal Highway

Administration (FHWA), the Federal Railroad Administration (FRA), the

Federal Transit Administration (FTA), the National Highway Traffic

Safety Administration (NHTSA), and staff from the Office of

Intermodalism. The Task Force was responsible for building upon the

Department's 1994 Rail-Highway Crossing Safety Action Plan. The Task

Force proceeded to rigorously review the decision making process for

designing, constructing, maintaining, and operating railroad-highway

grade crossings.

The Task Force solicited information from knowledgeable people in

both public and private sectors who had expertise in areas relevant to

the inquiry. The National Transportation Safety Board (NTSB), which

investigated the Fox River Grove collision, also provided a resource

person to assist the Task Force.

On March 1, 1996, the Task Force delivered a report to the

Secretary entitled ``Accidents That Shouldn't Happen.'' The report

focused on 24 long-term and short-term recommendations broken down into

the following problem areas:

a. Interconnected Signals and Storage

b. High Profile Crossings

c. Light-Rail Crossing Issues

d. Special Vehicle Operations and Information

e. Available Storage Space for Motor Vehicles Between Highway-Rail

Crossings and Adjacent Highway-Highway Intersections (Storage Space)

The report concluded that ``improved highway-rail grade crossing

safety depends upon better cooperation, communication, and education

among responsible parties if accidents and fatalities are to be reduced

significantly.'' The Task Force proposed to reconvene one year later to

evaluate progress in implementation of the recommendations. The report

also made a long-term recommendation that the FHWA and the FRA convene

a technical working group (TWG), to evaluate current standards and a

variety of technical issues. A TWG was immediately formed consisting of

government agencies, industry groups, highway and rail associations,

safety advocacy groups, and law enforcement associations. The TWG

proceeded to evaluate current standards and guidelines regarding a

variety of grade crossing technical issues.

The TWG met three times during 1996-1997. It presented 35

recommendations to the Task Force, including the following suggestions

for the FHWA on standards/guidelines for vehicle storage and other

grade crossing safety issues: the identification of focal points to

coordinate railroad safety issues in each State; the initiation of

regional State/railroad conferences; and the creation of an advance

warning sign for motorists approaching high-profile crossings.

Recommendations regarding the issue of interconnected signals and

storage were implemented in guidance issued by FHWA Executive Director,

Anthony R. Kane, to all field offices. Mr. Kane urged that FHWA field

staff visit their State and local counterparts to ensure that the

recommendations were implemented.

As a result, all States with operating railroads informally

designated a central focal point for railroad crossing safety issues

and provided the name of the contact to the FHWA and/or the FRA.

The Implementation Report of the U.S. DOT Grade Crossing Safety

Task Force was submitted to Secretary Slater on June 1, 1997. It

documents the close coordination achieved through the cooperative

efforts of four operating administrations on the Grade Crossing Safety

Task Force (FHWA, FRA, FTA, and NHTSA).

The Department has printed this report as a formal U.S. DOT

publication. The FHWA, FRA, and Office of Intermodalism have

distributed copies to U.S. DOT headquarters and field offices, State

DOTs, State emergency service providers, rail safety organizations

(e.g., Operation Lifesaver), and industry associations (e.g.,

Association of American Railroads).

The Department has distributed this report to all the groups and

individuals that participated in the Technical Working Group. The

Department urges those agencies, organizations, and other professional

societies to take steps to formally endorse this report and implement

its recommendations.

The nexus between the actions cited above and the current

rulemaking lies in the common goal of reducing the incidence of

collisions between trains and commercial motor vehicles. The Department

is committed to using the best available resources to targeting safety

hazards at railroad crossings throughout the United States. For that

reason, this rule proposes that operators of commercial motor vehicles

be prohibited from driving onto a railroad grade crossing unless there

is sufficient space to drive completely through the crossing without

stopping.

Rulemaking Analyses and Notices

All comments received before the close of business on the comment

closing date indicated above will be considered and will be available

for examination in the docket room at the above address. Comments

received after the comment closing date will be filed in the docket and

will be considered to the extent practicable, but the FHWA may issue a

final rule at any time after the close of the comment period. In

addition to late comments, the FHWA will also continue to file in the

docket relevant information that becomes available after the comment

closing date, and interested persons should continue to examine the

docket for new material.

Executive Order 12866 (Regulatory Planning and Review) and DOT

Regulatory Policies and Procedures

The FHWA has analyzed this proposed rule for the purposes of

Executive Order 12866 and the Department of Transportation regulatory

policies and procedures, and believes that it is a significant

regulatory action because of the anticipated substantial public and

congressional interest in this action.

The FHWA anticipates that the rule could have an economic impact

because it could trigger infrastructure changes to right-of-way or

traffic devices or require some motor carriers to develop alternative

routing, or operate shorter CMVs to avoid railroad grade crossings

where the placement of a stop sign or highway traffic signal would

prevent a driver from being able to drive completely through the

crossing without stopping. The last alternative would increase the

number of CMVs and drivers needed to make the same deliveries because

truckload shipments would be split among two or more CMVs. The FHWA

will attempt to better

[[Page 40694]]

quantify the extent of the economic impact of this proposed rule on the

motor carrier industry through the analysis of data requested from

State agencies on the number of such railroad grade crossings. Comments

on the anticipated costs of complying with this proposed rule,

especially any specific data available to States, local communities, or

motor carriers, would be helpful. Such costs may include possible

infrastructure changes; additional fuel cost attributable to re-

routing, the cost of purchasing or leasing shorter CMVs, and the cost

of hiring and employing additional drivers. In addition, the FHWA

requests comments from motor carriers about whether the rule would make

some of their deliveries impossible or cost prohibitive.

Regulatory Flexibility Act

In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-

612), the FHWA has evaluated the effects of this proposed rule upon

small entities. Any motor carrier, regardless of its size, is subject

to the same driving rules which protect the safety of the motoring

public. Because some motor carriers, including small motor carriers,

may have to develop alternative routing as a result of this proposed

rule, it may have an economic impact on small business entities. The

proposed rule may have less of an economic impact upon small motor

carriers, as a group, than large motor carriers because small motor

carriers, as a group, tend to operate with a lower proportion of long

or articulated CMVs than large motor carriers. Small motor carriers,

therefore, would be required less often to develop alternative routing.

On the other hand, the FHWA is concerned that some small motor carriers

may have limited resources with which to make modifications to their

operations to comply with this proposed rule.

However, because of a lack of data the FHWA is presently unable to

estimate how many crossings exist where a CMV driver would be unable to

drive completely through the railroad grade crossing because the

positioning of the stop sign or other traffic control device causes the

driver to stop on the tracks. If the FHWA is able to obtain better

data, the FHWA will further evaluate the degree to which infrastructure

changes might have to be made and/or whether small motor carriers might

have to develop alternative routing for their CMVs and the extent of

the resulting economic impact.

Executive Order 12612 (Federalism Assessment)

This proposed rule has been analyzed in accordance with the

principles and criteria contained in Executive Order 12612, and it has

been determined that this action does not have sufficient federalism

implications to warrant the preparation of a federalism assessment. The

rule is not intended to preempt any State law or State regulation. If

this rule is adopted as proposed, motor carriers would continue to be

subject to State and local traffic laws. In addition, the rule would

impose no additional cost or burden upon any State. The rule would not

have a significant effect upon the ability of the States to discharge

traditional State governmental functions.

Executive Order 12372 (Intergovernmental Review)

Catalog of Federal Domestic Assistance Program Number 20.217, Motor

Carrier Safety. The regulations implementing Executive Order 12372

regarding intergovernmental consultation on Federal programs and

activities do not apply to this program.

Paperwork Reduction Act

This action does not contain a collection of information

requirement for purposes of the Paperwork Reduction Act of 1995, 44

U.S.C. 3501-3520.

National Environmental Policy Act

The agency has analyzed this action for the purpose of the National

Environmental Policy Act of 1969 (42 U.S.C. 4321-4347) and has

determined that this action would not have any effect on the quality of

the environment. An environmental impact statement is, therefore, not

required.

Regulation Identification Number

A regulation identification number (RIN) is assigned to each

regulatory action listed in the Unified Agenda of Federal Regulations.

The Regulatory Information Service Center publishes the Unified Agenda

in April and October of each year. The RIN contained in the heading of

this document can be used to cross reference this action with the

Unified Agenda.

List of Subjects in 49 CFR Part 392

Highway safety, Motor carriers.

Issued on: July 20, 1998.

Kenneth R. Wykle,

Federal Highway Administrator.

In consideration of the foregoing, the FHWA proposes to amend title

49, Code of Federal Regulations, chapter III, part 392 as set forth

below:

PART 392--[AMENDED]

1. The authority citation for part 392 is revised to read as

follows:

Authority: 49 U.S.C. 31136 and 31502; sec. 112, Pub. L. 103-311,

108 Stat. 1673, 1676; and 49 CFR 1.48.

2. Section 392.12 is added to read as follows:

Sec. 392.12 Railroad grade crossing; sufficient space.

A driver of a commercial motor vehicle shall not drive onto a

railroad grade crossing without having sufficient space to drive

completely through the crossing without stopping.

[FR Doc. 98-20209 Filed 7-29-98; 8:45 am]

BILLING CODE 4910-22-P