Safety Advisory 2005-03; Highway-Rail Grade Crossing Safety, 22750-22754 [05-8626]
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Federal Register / Vol. 70, No. 83 / Monday, May 2, 2005 / Notices
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Authority: 44 U.S.C. §§ 3501–3520.
Issued in Washington, DC on April 25,
2005.
D.J. Stadtler,
Director, Office of Budget, Federal Railroad
Administration.
[FR Doc. 05–8627 Filed 4–29–05; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Safety Advisory 2005–03; Highway-Rail
Grade Crossing Safety
Federal Railroad
Administration (FRA), DOT.
ACTION: Notice of safety advisory.
AGENCY:
SUMMARY: FRA is issuing a safety
advisory to facilitate improved
cooperation in the investigation of
collisions at highway-rail grade
crossings. The advisory describes the
roles of the Federal and state
governments and of the railroads in
highway-rail grade crossing safety. FRA
reminds railroads of their responsibility
to: Properly report any accident
involving grade crossing signal failure;
properly maintain records relating to
credible reports of grade crossing
warning system malfunctions; properly
preserve the data from all locomotivemounted recording devices following
highway-rail grade crossing collisions;
and cooperate fully with local law
enforcement authorities during their
investigations of such accidents. FRA
also offers assistance to local authorities
in the investigation of highway-rail
grade crossing collisions where
information or expertise within FRA’s
control is required to complete the
investigation.
FOR FURTHER INFORMATION CONTACT: Ron
Ries, Staff Director, Highway-Rail
Crossing Safety, RRS–23, Mail Stop 25,
1120 Vermont Avenue, NW.,
Washington, DC 20590 (telephone: (202)
493–6285); Ronald Newman, Staff
Director, Motive Power and Equipment
Division, FRA Office of Safety
Assurance and Compliance, RRS–14,
Mail Stop 25, 1120 Vermont Avenue,
NW., Washington, DC 20590 (telephone:
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(202) 493–6241), Tom McFarlin, Staff
Director, Signal and Train Control
(telephone: (202–493–6203), or Kathryn
Shelton, Trial Attorney, FRA Office of
Chief Counsel, Mail Stop 10, 1120
Vermont Avenue, NW., Washington, DC
20590 (telephone: (202) 493–6063).
SUPPLEMENTARY INFORMATION: Public
interest in the prevention of collisions at
highway-rail grade crossings remains
strong. In June of 2004, the Secretary of
Transportation released the
Department’s new Action Plan for
Highway-Rail Crossing Safety and
Trespass Prevention, which noted that
fatalities at highway-rail grade crossings
were cut by 42% over the period 1994–
2002, despite growing exposure in terms
of motor vehicle and train miles. This
progress has continued since 2002.
Although 2004 saw an increase in
fatalities over 2003, 2004 was the safest
year on record in terms of the rate at
which highway-rail grade crossing
incidents occurred. FRA is confident
that continued emphasis on education,
engineering, and enforcement can drive
further reductions in risk.
This advisory describes basic
responsibilities of public and private
entities that have responsibilities related
to highway-rail grade crossing safety,
with a specific focus on engineering and
railroad operations.1 In addition, this
advisory provides information regarding
the roles of FRA, railroads, and state
and local officials in the investigation of
grade crossing collisions, including
suggestions for making the process work
better. FRA notes that a basic
responsibility of railroads and public
authorities at all levels of government is
to derive information from these often
tragic events to help prevent future
occurrences.
Role of the FRA
FRA administers and enforces
regulatory requirements and exercises
statutory powers that bear on highwayrail grade crossing safety:
1. FRA regulations entitled ‘‘Railroad
Accidents/Incidents: Reports,
Classification, and Investigations’’ (49
CFR Part 225) require each railroad to
report in writing, within 30 days
following the end of the month in which
the event occurred, specified significant
events, including any impact between
railroad on-track equipment and an
automobile, bus, truck, motorcycle,
bicycle, farm vehicle or pedestrian at a
1 This notice does not establish new requirements
or specify new responsibilities. Its purpose is to
describe responsibilities rooted in statutes,
regulations, and established practice upon which
persons have come to rely and to suggest additional
actions that public and private entities should
consider based upon recent events of note.
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highway-rail grade crossing (49 CFR
225.5, 225.19). Information is required
to be provided on Form FRA 6180.57 for
each such event, and separate forms
must be filed to provide additional
detail if an injury occurs or if damage
to railroad property exceeds the current
threshold (presently $6,700). The
information is available in full detail on
the agency’s Web site (https://
www.fra.dot.gov).
2. Effective May 1, 2003, section 225.9
requires that FRA receive immediate
telephonic notification of any fatality at
a highway-rail grade crossing. This
provision was intended to create a
parallel structure with a longstanding
requirement of the National
Transportation Safety Board (NTSB) and
to provide FRA with early information
regarding fatal collisions for which FRA
might elect to conduct an investigation.
(FRA and the NTSB both employ the
National Response Center to receive
these types of notifications.)
3. FRA is authorized to conduct an
investigation of any accident or casualty
associated with railroad operations.
FRA judiciously exercises its discretion
to investigate accidents, because its
inspectors have such a broad array of
other duties, including inspection and
enforcement activities. Accordingly,
FRA must confine its accident
investigations to those events most
likely to yield important information for
use in achieving regulatory compliance,
improving regulations, or fashioning
other countermeasures. These are often
cases where significant harm to multiple
members of the public, railroad
passengers, railroad personnel or
property—or strong public interest in
the circumstances (e.g., involvement of
a school bus)—warrant use of agency
resources.
Historically, FRA has also
investigated most accidents where
questions have arisen regarding the
proper functioning of active warning
systems. FRA’s Office of Safety has now
adopted a formal accident assignment
criterion under which each highway-rail
grade crossing collision involving a
credible allegation that the warning
device failed to provide the required
warning will be routinely investigated.
Additional collisions will be assigned
for investigation, as warranted, based
upon supportable concerns regarding
the railroad’s discharge of its
responsibilities for grade crossing safety.
(FRA regional managers sometimes
assign for less intensive investigation
additional collisions, where available
information and resources warrant.)
4. FRA enforces regulations entitled
‘‘Grade Crossing Signal System Safety’’
(49 CFR Part 234) which require the
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inspection, testing, and maintenance of
active warning systems at highway-rail
grade crossings according to specified
standards. These regulations include
safeguards to be observed, such as
stopping or slowing train movements,
when the railroad has notification that
a warning system is malfunctioning. A
railroad is also required to report
telephonically, within 24 hours, any
accident/incident involving an
activation failure (49 CFR 234.7).
5. FRA’s ‘‘Locomotive Safety
Standards’’ (49 CFR Part 229) require
that each locomotive operated in excess
of 30 miles per hour be equipped with
an operative event recorder capable of
capturing and preserving certain data
elements for the last 48 hours of
operation. Essentially all locomotives
operated by major freight and passenger
railroads are so equipped. Following an
accident required to be reported to FRA,
including an impact at a highway-rail
grade crossing, data are required to be
safeguarded and preserved for at least
30 days. Section 229.135(d)(1) reads as
follows:
If any locomotive equipped with an event
recorder is involved in an accident that is
required to be reported to FRA, the railroad
using the locomotive shall, to the extent
possible, and to the extent consistent with
the safety of life and property, preserve the
data recorded by the device for analysis by
FRA. This preservation requirement permits
the railroad to extract and analyze such data;
provided the original or a first-order accurate
copy of the data shall be retained in secure
custody and shall not be utilized for analysis
or any other purpose except by direction of
FRA or the National Transportation Safety
Board. This preservation requirement shall
expire 30 days after the date of the accident
unless FRA or the Board notifies the railroad
in writing that the data are desired for
analysis.
The requirements for preservation of
data include all on-board locomotive
data storage devices and are not limited
to the event recorder required by section
229.135.
6. Through the Locomotive Safety
Standards, FRA has also required,
effective December 31, 1997, that all
locomotives operating greater than 20
miles per hour be equipped with
operative auxiliary alerting lights (49
CFR 229.125(d)). When displayed with
the locomotive headlight, these lights
provide a distinctive triangular pattern
that aids identification of an
approaching locomotive and improves
the ability of the user of the highwayrail grade crossing to determine when
the train will arrive at the crossing.
7. FRA has issued a final rule on the
Reflectorization of Freight Rail Rolling
Stock that is intended to improve the
visibility (‘‘conspicuity’’) of locomotives
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and freight cars during nighttime and
periods of restricted visibility,
particularly at crossings where there is
no active warning system (e.g., flashing
lights) (70 FR 144; January 3, 2005) .
Almost one-fourth of collisions at
highway-rail grade crossings involve
motor vehicles hitting the sides of
trains. The final rule requires
application of retroreflective material
over a ten-year period and renewal of
the material every ten years. The
national car and locomotive fleets
consist of over 1.3 million units. The
Government of Canada has indicated its
intent to adopt compatible
requirements.
8. FRA has issued a final rule on Use
of Locomotive Horns at Highway-Rail
Crossings (49 CFR Part 222), which is
scheduled for publication in the Federal
Register on April 27, 2005 and will be
effective on June 24, 2005. The final rule
requires the horn to be sounded for 15
to 20 seconds prior to arrival of the train
at each public crossing, subject to
certain exceptions where risk is low or
where action has been taken to
compensate for the absence of warning
provided by the locomotive horn.
9. FRA also conducts outreach to law
enforcement and judicial officials to
encourage enforcement of state laws
governing motorist behavior at highwayrail grade crossings. Further, FRA works
with the Federal Motor Carrier Safety
Administration and major motor carriers
to encourage driver compliance.
10. FRA and the Federal Highway
Administration (FHWA) provide
funding designated by the Congress to
Operation Lifesaver, Inc. (OLI), which
conducts programs of education and
awareness through state chapters and
sponsors public service announcements.
Working with railroad police
departments, FRA, and others, OLI also
provides Grade Crossing Collision
Investigation Courses at the Basic (4hour), Intermediate (8-hour) and
Advanced (16-hour) levels to help law
enforcement officers more effectively
investigate these events. This training
was developed for the North American
law enforcement community with the
cooperation of the International
Association of Chiefs of Police and the
National Sheriffs Association. FRA and
OLI also conduct outreach to the state
and local judiciary, calling attention to
the tragic consequences of grade
crossing collisions and encouraging
enforcement of state laws governing
motorist behavior.
For additional detail, see Role of
Railroads, below.
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Role of the NTSB
The NTSB is the only agency
established by federal law whose
primary missions are to investigate
transportation accidents and to make
recommendations for improvement of
transportation safety programs. NTSB’s
organic statute provides in pertinent
part as follows:
(a) General.—(1) The National
Transportation Safety Board shall
investigate or have investigated (in
detail the Board prescribes) and
establish the facts, circumstances, and
cause or probable cause of—
*
*
*
*
*
(B) a highway accident, including a
railroad grade crossing accident, the
Board selects in cooperation with a
State;
(C) a railroad accident in which there
is a fatality or substantial property
damage, or that involves a passenger
train;
*
*
*
*
*
(F) any other accident related to the
transportation of individuals or property
when the Board decides—
(i) The accident is catastrophic;
(ii) The accident involves problems of
a recurring character; or
(iii) The investigation of the accident
would carry out this chapter.
*
*
*
*
*
49 U.S.C. 1131] (emphasis supplied)
NTSB receives notification of fatal
crossing impacts in the same manner as
FRA. Event recorder data required to be
maintained under FRA regulations is
also required by FRA to be made
available to the NTSB upon request (49
CFR 229.135).
In practice, NTSB investigates a small
number of highly significant grade
crossing accidents each year. Based
upon review of full and memorandum
reports listed on the NTSB web site, it
appears that in the seven-year period
1997–2003 the Board investigated 12
highway-rail grade crossing collisions,
with the clear majority being assigned
highway numbers (generally indicating
principal focus on highway-side
considerations). The most events
assigned in one year was four (1997,
2000), and the fewest was zero (2001,
2002).2 FRA and other designated
parties work closely and cooperatively
with NTSB when NTSB elects to
investigate a highway-rail grade crossing
accident.
NTSB also prepares special studies
that may address grade crossing safety,
most recently Safety at Passive Grade
Crossings; NTSB Report Number: SS—
2 It is possible that one or more reports from this
period remain unpublished.
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98–02, –03; July 21, 1998. Board staff
looked into the circumstances of a
significant number of collisions at
passive crossings in aid of this study.
Role of Railroads
Railroads possess the right-of-way at
highway-rail grade crossings for the
same reasons that large ships possess
the right-of-way on navigable
waterways, i.e., large and heavy
conveyances cannot stop quickly. As a
result, a highway-rail grade crossing
collision can rarely be avoided through
actions of the locomotive engineer or
conductor (e.g., stopping the train short
of the crossing). However, railroads and
their employees have a variety of
responsibilities that they must discharge
under Federal or state law that are
critical to safety at highway-rail grade
crossings. They also have a
responsibility to preserve and report
information following grade crossing
accidents, so that local public
authorities can determine responsibility
of the parties to the event, and so that
Federal and state regulatory agencies
can derive information useful for
improving grade crossing safety.
The following discussion summarizes
those responsibilities owed by railroads
to the FRA, acting on behalf of the
public, that relate to highway-rail grade
crossing safety:
• Inspect, test, and maintain grade
crossing warning systems in accordance
with 49 CFR Part 234, and take other
actions required by those regulations to
avoid continuously operating signals, to
provide for safety in the event of a
signal malfunction or when it is
necessary to remove a system from
service (for testing or repair), to avoid
interference in the normal functioning
of these devices, and to restore
malfunctioning signals to proper
functioning without undue delay. See
FRA Safety Advisory 2002–1 (67 FR
3258; January 23, 2002) and FRA Safety
Advisory 2004–03 (69 FR 48904; August
11, 2004). (See further discussion
below.)
• Report all activation failures in
writing within 15 days (49 CFR 234.9).
• Maintain track structure in
accordance with the Track Safety
Standards (49 CFR Part 213). This
includes maintaining adequately
drained (non-fouled) ballast that
otherwise could permit the existence of
low ballast resistence adversely
affecting the operation of grade crossing
signals (49 CFR § 213.103) and removing
vegetation on railroad property that
could interfere with preview of grade
crossing warning signs and signals,
whether active or passive (49 CFR
§ 213.37).
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• Operate trains in accordance with
applicable speed limitations imposed by
Federal regulation (49 CFR Parts 213,
234 and 236) and the railroad’s
operating rules, timetables, and special
instructions (see 49 CFR Parts 217 and
240).
• Provide and maintain locomotive
event recorders on all locomotives
operating greater than 30 miles per
hour, preserving data following any
reportable event (49 CFR 229.135).
• Provide and maintain locomotive
auxiliary alerting lights on any lead
locomotive operating greater than 20
miles per hour (49 CFR 229.125(d)).
As noted above, the railroads will
soon undertake additional duties related
to sounding the locomotive horn
(presently done under state law and the
railroad operating rules) and
reflectorization of freight rail rolling
stock.
Special Emphasis: Railroad’s Duties
After an Accident
FRA reminds railroads that event
recorder data must be preserved
following accidents at highway-rail
grade crossings and notes that FRA will
conduct periodic records audits to
determine that this information is being
retained and made available to FRA and
NTSB as required.
Following a highway-rail grade
crossing accident/incident, the railroad
has additional responsibilities that vary
based on the circumstances:
• Event recorder data, including data
from all locomotive-mounted recording
devices designed to record information
concerning the functioning of a
locomotive or train, must be preserved
for 30 days or longer if so notified by
FRA or NTSB (49 CFR 229.135(d)).
• If it is determined that the grade
crossing warning system experienced an
activation failure, the railroad must
make a telephonic report to FRA
through the National Response Center
(49 CFR 234.7), and thereafter file an
activation failure report in writing (49
CFR 234.9(a)).
• In the case of a fatal highway-rail
grade crossing accident/incident, the
railroad must make a telephonic report
immediately, again through the National
Response Center (49 CFR 225.9).
• Railroads involved in the event
must provide written reports of the
accident/incident within 30 days after
the month in which the event occurred
(see, e.g., 49 CFR 225.11 and 225.19).
FRA’s Guide for Preparing Accident/
Incident Reports, available for
downloading on FRA’s web site (http:/
/safetydata.fra.dot.gov/officeofsafety),
describes the applicable requirements.
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FRA reminds railroads that each of
these duties must be faithfully
discharged. Through routine inspections
and special assessments, FRA will
continue to verify compliance with
these requirements.
State and Local Government Roles
States and local governments play
very critical roles in highway-rail grade
crossing safety. Highway users,
railroads, and others are responsible for
compliance with requirements imposed
by state and local governments. Those
requirements are not defined by FRA,
except to the extent that FRA’s exercise
of jurisdiction over a subject matter has
the effect of preempting state action (see
49 U.S.C. 20106). Notwithstanding
various actions that FRA and other
Federal authorities have taken to
promote highway-rail grade crossing
safety, state and local agencies of
appropriate jurisdiction daily exercise
their own responsibilities, which
include:
• Selection of traffic control devices,
including highway-rail grade crossing
warning systems, advance signage,
pavement marking, etc., generally in
conformity with the Manual for Uniform
Traffic Control Devices (MUTCD),
which is issued by the FHWA;3
• Determination, in cooperation with
the railroad, of the need for, and design
of, interconnections between highwayrail grade crossing warning systems and
other traffic control signals in the
immediate vicinity, including
appropriate timing;
• Investigation of all accidents on
public roads to determine user
compliance with motor vehicle and
other state code requirements and to
determine if a crime has occurred;
• Examination and licensing of motor
vehicle operators, including holders of
Commercial Drivers Licenses;
• Enforcement of state requirements,
if any, regarding clearance of sight
obstructions on railroad (or other)
property at highway-rail grade
crossings.
Other Federal authorities assist States
and localities in accomplishing this
work, as do various private standards
bodies. For instance, FHWA provides
formula-based financial assistance that
has been responsible for installation of
the majority of highway-rail grade
crossing active warning systems in the
nation. FHWA also develops and
maintains the MUTCD with the help of
3 In some States, railroads are responsible for
‘‘marking’’ each public crossing with a crossbuck
placed on railroad property, to the extent other
signage is not provided by the roadway authority.
A small number of States specify signage that the
railroad must install at private crossings.
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a national advisory committee
comprised of experts in the field,
including state and local traffic
engineers. In addition to providing
overall strategic leadership through the
Secretary’s Action Plan, the U.S.
Department of Transportation’s modal
administrations, including FRA, have
contributed to the development of key
technical material, most recently the
report of the Secretary’s Technical
Working Group entitled Guidance on
Traffic Control Devices at Highway-Rail
Crossings (November 2003) which is
available on line at https://
www.fra.dot.gov/us/content/817.
Despite the close working
relationships forged over the years
among public authorities responsible for
highway-rail grade crossing safety,
public misunderstandings persist. For
instance, it has been alleged that FRA
regulations interfere with toxicological
testing of railroad crew members
following crossing collisions. As a
practical matter, that is not generally the
case, because the preemptive effect of
FRA’s regulations do not extend to areas
where state and local authorities have
traditionally exercised authority with
respect to breath or body fluid testing.
It is true that FRA has excluded
highway-rail grade crossing collisions
from the events for which mandatory
post-accident toxicological testing is
required under its regulations. The
reason for that exclusion is that crew
member actions seldom contribute to
these events—rather, they frequently
become additional victims as they
observe close-up events they are
powerless to prevent. However, if at any
time a railroad crew member is on duty,
and that person is reasonably suspected
of being under the influence of or
impaired by alcohol or other drugs, then
the railroad is required to conduct a
breath or urine test, or both, as
applicable. Further, any state or local
law enforcement official with probable
cause to believe that a violation of a
state criminal law that imposes
sanctions for reckless conduct that leads
to actual loss of life, injury or damage
to property has been committed is free
to take any action that would be
authorized against any other person,
including requiring production of body
fluids for analysis. Thus, while FRA has
not delegated to state and local officials
the conduct of Federal tests, neither
does FRA preempt appropriate criminal
investigative authority a state or local
law enforcement agency enjoyed prior
to issuance of the FRA regulationsprovided probable cause exists
supporting that action. See 49 CFR
219.13(b).
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To the extent train and engine crew
fitness is an issue with respect to grade
crossing safety, FRA’s regulations
governing random alcohol and drug
testing provide an important safeguard
by detecting and deterring misuse of
these substances in the subject
population. Among highway users, only
commercial drivers are subject to
random testing.
Opportunities for More Effective
Cooperation
FRA has expertise, shared only by the
NTSB and state rail agencies that are
members of FRA’s State Safety
Participation Program, that can be
helpful in evaluating safety issues at
highway-rail grade crossings, whether
before or after an event occurs. FRA
Highway-Rail Grade Crossing Managers
and Assistant Managers in each FRA
region are fully devoted to supporting
safety programs that reduce risk at grade
crossings. As noted above, these
managers and other key FRA personnel,
including law enforcement liaison
officers (on loan from state or local law
enforcement agencies), conduct
outreach to law enforcement agencies
and the judiciary and provide access to
appropriate training.
FRA can also offer assistance in
resolving questions about safety raised
following grade crossing collisions. FRA
operating practices personnel are skilled
in reviewing railroad operating rules
and practices pertinent to grade crossing
safety. FRA signal and train control
inspectors are experts in the functioning
of active warning systems (grade
crossing signals) and can normally
verify from testing, or review of
recorded data, how the events related to
railroad operations unfolded. FRA field
personnel are also familiar with
locomotive event recorder data and how
to interpret it in relation to railroad
operating rules, timetables, and special
instructions.
In the great majority of the
approximately 3,000 grade crossing
collisions each year, the event would
have been avoided had the vehicle
operator or pedestrian heeded state law,
and that person had available all
necessary means for doing so.4
4 For instance, the NTSB’s study of collisions at
passive crossings found that driver error was the
probable cause for 49 out of 60 accident cases. In
7 of the remaining 11 cases, the probable cause was
determined to be related to roadway conditions that
affected the driver’s ability to detect the presence
of a passive crossing or an oncoming train; roadway
and track conditions (e.g., curvature) were cited as
the probable cause in 3 of the 11 cases. Safety at
Passive Crossings, NTSB Report Number: SS–98–
02; July 28, 1998 at vii, viii. Review of FRA
accident/incident data suggests that motorist
involvement is significantly higher at crossings
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22753
However, in a small but nevertheless
significant minority of events, other
factors may have contributed, such as
interference with the normal
functioning of a warning system, failure
of the warning system, or operation of
the train in a manner not consistent
with safety requirements (e.g., short
warning due to overspeed operation,
failure to properly sound train horn,
etc). In those cases, it is important for
highway and rail authorities to
cooperate in completing their respective
investigations. Exchange of factual
information pertinent to the cause of a
transportation accident is clearly within
the letter and spirit of FRA’s authorizing
statutes (see, e.g., 49 U.S.C. 20902).
Special emphasis: Availability of FRA
Support for State and Local
Investigations
Through this Safety Advisory, FRA
invites state and local law enforcement
agencies responsible for investigating
highway-rail grade crossing collisions to
contact FRA if it appears from initial
investigation that rail-related factors
may have played a role in the
occurrence. FRA will consult with the
State or local agency and determine if
FRA should initiate investigative
activity regarding matters within our
purview. If FRA determines that a
credible issue is presented that is within
our authority and responsibility, factual
information that is developed during the
investigation will be made available to
the state or local agency initiating the
request. FRA will also provide technical
consultation as appropriate to explain
the significance of railroad-related
information.
Current office numbers for FRA
regional offices are found at https://
www.fra.dot.gov. You may determine
the appropriate Regional office by
searching the Federal Railroad
Administration Web site [https://
www.fra.dot.gov/us/content/373],
selecting a State and clicking on the
corresponding regional office for contact
information. Outside of normal business
hours, requests should be placed
through the National Response Center
(1–800–424–8802 or 1–800–424–0201 )
for communication to the FRA Duty
Officer. FRA will distribute this
Advisory through major national law
enforcement associations and will make
this Advisory available through
outreach at the state and local level.
equipped with automated warning devices. It
should be emphasized, however, that ‘‘driver error’’
can be significantly mitigated through a variety of
strategies generally clustered under the themes of
engineering, education and enforcement.
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Issued in Washington, DC, on April 25,
2005.
Daniel C. Smith,
Associate Administrator for Safety.
[FR Doc. 05–8626 Filed 4–29–05; 8:45 am]
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Voluntary Intermodal Sealift
Agreement (VISA)
Maritime Administration, DOT.
Notice of open season for
enrollment in the VISA program.
AGENCY:
ACTION:
Introduction
The VISA program was established
pursuant to section 708 of the Defense
Production Act of 1950, as amended
(DPA), which provides for voluntary
agreements for emergency preparedness
programs. VISA was approved for a two
year term on January 30, 1997, and
published in the Federal Register on
February 13, 1997, (62 FR 6837).
Approval is currently extended through
September 30, 2005, as published in the
Federal Register on March 16, 2005 (70
FR 12939). A further renewal is
intended for the period beginning
October 1, 2005.
As implemented, the VISA program is
open to U.S.-flag vessel operators of
militarily useful vessels, including
bareboat charter operators if satisfactory
signed agreements are in place
committing the assets of the owner to
the bareboat charterer for purposes of
VISA. While tug/barge operators must
own or bareboat charter barges
committed to the VISA program, it is
not required that these operators
commit tug service through bareboat
charter or ownership arrangements.
Time charters of U.S.-flag tugs will
satisfy tug commitments to the VISA
program. However, participation in the
VISA program is not satisfied by tug
commitment only. Tug/barge VISA
participants must commit capacity of at
least one barge to the VISA program.
Voyage and space charterers are not
considered U.S.-flag vessel operators for
purposes of VISA eligibility.
VISA Concept
The mission of VISA is to provide
commercial sealift and intermodal
shipping services and systems,
including vessels, vessel space,
intermodal systems and equipment,
terminal facilities, and related
management services, to the Department
of Defense (DOD), as necessary, to meet
VerDate jul<14>2003
19:05 Apr 29, 2005
Jkt 205001
national defense contingency
requirements or national emergencies.
VISA provides for the staged, timephased availability of participants’
shipping services/systems to meet
contingency requirements through
prenegotiated contracts between the
Government and participants. Such
arrangements are jointly planned with
the Maritime Administration (MARAD),
U.S. Transportation Command
(USTRANSCOM), and participants in
peacetime to allow effective and best
valued use of commercial sealift
capacity, to provide DOD assured
contingency access, and to minimize
commercial disruption, whenever
possible.
There are three time-phased stages in
the event of VISA activation. VISA
Stages I and II provide for prenegotiated
contracts between DOD and participants
to provide sealift capacity to meet all
projected DOD contingency
requirements. These contracts are
executed in accordance with approved
DOD contracting methodologies. VISA
Stage III will provide for additional
capacity to the DOD when Stage I and
II commitments or volunteered capacity
are insufficient to meet contingency
requirements, and adequate shipping
services from non-participants are not
available through established DOD
contracting practices or U.S.
Government treaty agreements.
VISA Enrollment Open Season
The purpose of this notice is to invite
interested, qualified U.S.-flag vessel
operators that are not currently enrolled
in the VISA program to participate in
the program. Approved participants’
VISA contingency contracts will
coincide with the DOD contracting cycle
of October 1, 2005 through September
30, 2006. This is the eighth annual
enrollment period since the
commencement of the VISA program.
The annual enrollment was initiated
because VISA has been fully integrated
into DOD’s priority for award of cargo
to VISA participants. It is necessary to
link the VISA enrollment cycle with
DOD’s peacetime cargo contracting
cycle.
New VISA applicants are required to
submit their applications for the VISA
program as described in this Notice no
later than May 31, 2005. This alignment
of VISA enrollment and eligibility for
VISA priority will solidify the linkage
between commitment of contingency
assets by VISA participants and
receiving VISA priority consideration
for the award of DOD peacetime cargo.
This is the only planned enrollment
period for carriers to join the VISA
program and derive benefits for DOD
PO 00000
Frm 00128
Fmt 4703
Sfmt 4703
peacetime contracts during the time
frame of October 1, 2005 through
September 30, 2006. The only exception
to this open season period for VISA
enrollment will be for a non-VISA
carrier that reflags a vessel into U.S.
registry. That carrier may submit an
application to participate in the VISA
program at any time upon completion of
reflagging.
Advantages of Peacetime Participation
Because enrollment of carriers in the
VISA program provides DOD with
assured access to sealift services during
contingencies based on a level of
commitment, as well as a mechanism
for joint planning, DOD awards
peacetime cargo contracts to VISA
participants on a priority basis. This
applies to liner trades and charter
contracts alike. Award of DOD cargoes
to meet DOD peacetime and
contingency requirements is made on
the basis of the following priorities:
• U.S.-flag vessel capacity operated
by VISA participants, and U.S.-flag
Vessel Sharing Agreement (VSA)
capacity held by VISA participants.
• U.S.-flag vessel capacity operated
by non-participants.
• Combination U.S.-flag/foreign-flag
vessel capacity operated by VISA
participants, and combination U.S.-flag/
foreign-flag VSA capacity held by VISA
participants.
• Combination U.S.-flag/foreign-flag
vessel capacity operated by nonparticipants.
• U.S.-owned or operated foreign-flag
vessel capacity and VSA capacity held
by VISA participants.
• U.S.-owned or operated foreign-flag
vessel capacity and VSA capacity held
by non-participants.
• Foreign-owned or operated foreignflag vessel capacity of non-participants.
Participants
Any U.S.-flag vessel operator
organized under the laws of a state of
the United States, or the District of
Columbia, who is able and willing to
commit militarily useful sealift assets
and assume the related consequential
risks of commercial disruption, may be
eligible to participate in the VISA
program. While vessel brokers and
agents play an important role as a
conduit to locate and secure appropriate
vessels for the carriage of DOD cargo,
they may not become participants in the
VISA program due to lack of requisite
vessel ownership or operation.
However, brokers and agents should
encourage the carriers they represent to
join the program.
E:\FR\FM\02MYN1.SGM
02MYN1
]]>Agencies
[Federal Register Volume 70, Number 83 (Monday, May 2, 2005)]
[Notices]
[Pages 22750-22754]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8626]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Safety Advisory 2005-03; Highway-Rail Grade Crossing Safety
AGENCY: Federal Railroad Administration (FRA), DOT.
ACTION: Notice of safety advisory.
-----------------------------------------------------------------------
SUMMARY: FRA is issuing a safety advisory to facilitate improved
cooperation in the investigation of collisions at highway-rail grade
crossings. The advisory describes the roles of the Federal and state
governments and of the railroads in highway-rail grade crossing safety.
FRA reminds railroads of their responsibility to: Properly report any
accident involving grade crossing signal failure; properly maintain
records relating to credible reports of grade crossing warning system
malfunctions; properly preserve the data from all locomotive-mounted
recording devices following highway-rail grade crossing collisions; and
cooperate fully with local law enforcement authorities during their
investigations of such accidents. FRA also offers assistance to local
authorities in the investigation of highway-rail grade crossing
collisions where information or expertise within FRA's control is
required to complete the investigation.
FOR FURTHER INFORMATION CONTACT: Ron Ries, Staff Director, Highway-Rail
Crossing Safety, RRS-23, Mail Stop 25, 1120 Vermont Avenue, NW.,
Washington, DC 20590 (telephone: (202) 493-6285); Ronald Newman, Staff
Director, Motive Power and Equipment Division, FRA Office of Safety
Assurance and Compliance, RRS-14, Mail Stop 25, 1120 Vermont Avenue,
NW., Washington, DC 20590 (telephone: (202) 493-6241), Tom McFarlin,
Staff Director, Signal and Train Control (telephone: (202-493-6203), or
Kathryn Shelton, Trial Attorney, FRA Office of Chief Counsel, Mail Stop
10, 1120 Vermont Avenue, NW., Washington, DC 20590 (telephone: (202)
493-6063).
SUPPLEMENTARY INFORMATION: Public interest in the prevention of
collisions at highway-rail grade crossings remains strong. In June of
2004, the Secretary of Transportation released the Department's new
Action Plan for Highway-Rail Crossing Safety and Trespass Prevention,
which noted that fatalities at highway-rail grade crossings were cut by
42% over the period 1994-2002, despite growing exposure in terms of
motor vehicle and train miles. This progress has continued since 2002.
Although 2004 saw an increase in fatalities over 2003, 2004 was the
safest year on record in terms of the rate at which highway-rail grade
crossing incidents occurred. FRA is confident that continued emphasis
on education, engineering, and enforcement can drive further reductions
in risk.
This advisory describes basic responsibilities of public and
private entities that have responsibilities related to highway-rail
grade crossing safety, with a specific focus on engineering and
railroad operations.\1\ In addition, this advisory provides information
regarding the roles of FRA, railroads, and state and local officials in
the investigation of grade crossing collisions, including suggestions
for making the process work better. FRA notes that a basic
responsibility of railroads and public authorities at all levels of
government is to derive information from these often tragic events to
help prevent future occurrences.
---------------------------------------------------------------------------
\1\ This notice does not establish new requirements or specify
new responsibilities. Its purpose is to describe responsibilities
rooted in statutes, regulations, and established practice upon which
persons have come to rely and to suggest additional actions that
public and private entities should consider based upon recent events
of note.
---------------------------------------------------------------------------
Role of the FRA
FRA administers and enforces regulatory requirements and exercises
statutory powers that bear on highway-rail grade crossing safety:
1. FRA regulations entitled ``Railroad Accidents/Incidents:
Reports, Classification, and Investigations'' (49 CFR Part 225) require
each railroad to report in writing, within 30 days following the end of
the month in which the event occurred, specified significant events,
including any impact between railroad on-track equipment and an
automobile, bus, truck, motorcycle, bicycle, farm vehicle or pedestrian
at a highway-rail grade crossing (49 CFR 225.5, 225.19). Information is
required to be provided on Form FRA 6180.57 for each such event, and
separate forms must be filed to provide additional detail if an injury
occurs or if damage to railroad property exceeds the current threshold
(presently $6,700). The information is available in full detail on the
agency's Web site (https://www.fra.dot.gov).
2. Effective May 1, 2003, section 225.9 requires that FRA receive
immediate telephonic notification of any fatality at a highway-rail
grade crossing. This provision was intended to create a parallel
structure with a longstanding requirement of the National
Transportation Safety Board (NTSB) and to provide FRA with early
information regarding fatal collisions for which FRA might elect to
conduct an investigation. (FRA and the NTSB both employ the National
Response Center to receive these types of notifications.)
3. FRA is authorized to conduct an investigation of any accident or
casualty associated with railroad operations. FRA judiciously exercises
its discretion to investigate accidents, because its inspectors have
such a broad array of other duties, including inspection and
enforcement activities. Accordingly, FRA must confine its accident
investigations to those events most likely to yield important
information for use in achieving regulatory compliance, improving
regulations, or fashioning other countermeasures. These are often cases
where significant harm to multiple members of the public, railroad
passengers, railroad personnel or property--or strong public interest
in the circumstances (e.g., involvement of a school bus)--warrant use
of agency resources.
Historically, FRA has also investigated most accidents where
questions have arisen regarding the proper functioning of active
warning systems. FRA's Office of Safety has now adopted a formal
accident assignment criterion under which each highway-rail grade
crossing collision involving a credible allegation that the warning
device failed to provide the required warning will be routinely
investigated.
Additional collisions will be assigned for investigation, as
warranted, based upon supportable concerns regarding the railroad's
discharge of its responsibilities for grade crossing safety. (FRA
regional managers sometimes assign for less intensive investigation
additional collisions, where available information and resources
warrant.)
4. FRA enforces regulations entitled ``Grade Crossing Signal System
Safety'' (49 CFR Part 234) which require the
[[Page 22751]]
inspection, testing, and maintenance of active warning systems at
highway-rail grade crossings according to specified standards. These
regulations include safeguards to be observed, such as stopping or
slowing train movements, when the railroad has notification that a
warning system is malfunctioning. A railroad is also required to report
telephonically, within 24 hours, any accident/incident involving an
activation failure (49 CFR 234.7).
5. FRA's ``Locomotive Safety Standards'' (49 CFR Part 229) require
that each locomotive operated in excess of 30 miles per hour be
equipped with an operative event recorder capable of capturing and
preserving certain data elements for the last 48 hours of operation.
Essentially all locomotives operated by major freight and passenger
railroads are so equipped. Following an accident required to be
reported to FRA, including an impact at a highway-rail grade crossing,
data are required to be safeguarded and preserved for at least 30 days.
Section 229.135(d)(1) reads as follows:
If any locomotive equipped with an event recorder is involved in
an accident that is required to be reported to FRA, the railroad
using the locomotive shall, to the extent possible, and to the
extent consistent with the safety of life and property, preserve the
data recorded by the device for analysis by FRA. This preservation
requirement permits the railroad to extract and analyze such data;
provided the original or a first-order accurate copy of the data
shall be retained in secure custody and shall not be utilized for
analysis or any other purpose except by direction of FRA or the
National Transportation Safety Board. This preservation requirement
shall expire 30 days after the date of the accident unless FRA or
the Board notifies the railroad in writing that the data are desired
for analysis.
The requirements for preservation of data include all on-board
locomotive data storage devices and are not limited to the event
recorder required by section 229.135.
6. Through the Locomotive Safety Standards, FRA has also required,
effective December 31, 1997, that all locomotives operating greater
than 20 miles per hour be equipped with operative auxiliary alerting
lights (49 CFR 229.125(d)). When displayed with the locomotive
headlight, these lights provide a distinctive triangular pattern that
aids identification of an approaching locomotive and improves the
ability of the user of the highway-rail grade crossing to determine
when the train will arrive at the crossing.
7. FRA has issued a final rule on the Reflectorization of Freight
Rail Rolling Stock that is intended to improve the visibility
(``conspicuity'') of locomotives and freight cars during nighttime and
periods of restricted visibility, particularly at crossings where there
is no active warning system (e.g., flashing lights) (70 FR 144; January
3, 2005) . Almost one-fourth of collisions at highway-rail grade
crossings involve motor vehicles hitting the sides of trains. The final
rule requires application of retroreflective material over a ten-year
period and renewal of the material every ten years. The national car
and locomotive fleets consist of over 1.3 million units. The Government
of Canada has indicated its intent to adopt compatible requirements.
8. FRA has issued a final rule on Use of Locomotive Horns at
Highway-Rail Crossings (49 CFR Part 222), which is scheduled for
publication in the Federal Register on April 27, 2005 and will be
effective on June 24, 2005. The final rule requires the horn to be
sounded for 15 to 20 seconds prior to arrival of the train at each
public crossing, subject to certain exceptions where risk is low or
where action has been taken to compensate for the absence of warning
provided by the locomotive horn.
9. FRA also conducts outreach to law enforcement and judicial
officials to encourage enforcement of state laws governing motorist
behavior at highway-rail grade crossings. Further, FRA works with the
Federal Motor Carrier Safety Administration and major motor carriers to
encourage driver compliance.
10. FRA and the Federal Highway Administration (FHWA) provide
funding designated by the Congress to Operation Lifesaver, Inc. (OLI),
which conducts programs of education and awareness through state
chapters and sponsors public service announcements. Working with
railroad police departments, FRA, and others, OLI also provides Grade
Crossing Collision Investigation Courses at the Basic (4-hour),
Intermediate (8-hour) and Advanced (16-hour) levels to help law
enforcement officers more effectively investigate these events. This
training was developed for the North American law enforcement community
with the cooperation of the International Association of Chiefs of
Police and the National Sheriffs Association. FRA and OLI also conduct
outreach to the state and local judiciary, calling attention to the
tragic consequences of grade crossing collisions and encouraging
enforcement of state laws governing motorist behavior.
For additional detail, see Role of Railroads, below.
Role of the NTSB
The NTSB is the only agency established by federal law whose
primary missions are to investigate transportation accidents and to
make recommendations for improvement of transportation safety programs.
NTSB's organic statute provides in pertinent part as follows:
(a) General.--(1) The National Transportation Safety Board shall
investigate or have investigated (in detail the Board prescribes) and
establish the facts, circumstances, and cause or probable cause of--
* * * * *
(B) a highway accident, including a railroad grade crossing
accident, the Board selects in cooperation with a State;
(C) a railroad accident in which there is a fatality or substantial
property damage, or that involves a passenger train;
* * * * *
(F) any other accident related to the transportation of individuals
or property when the Board decides--
(i) The accident is catastrophic;
(ii) The accident involves problems of a recurring character; or
(iii) The investigation of the accident would carry out this
chapter.
* * * * *
49 U.S.C. 1131] (emphasis supplied)
NTSB receives notification of fatal crossing impacts in the same
manner as FRA. Event recorder data required to be maintained under FRA
regulations is also required by FRA to be made available to the NTSB
upon request (49 CFR 229.135).
In practice, NTSB investigates a small number of highly significant
grade crossing accidents each year. Based upon review of full and
memorandum reports listed on the NTSB web site, it appears that in the
seven-year period 1997-2003 the Board investigated 12 highway-rail
grade crossing collisions, with the clear majority being assigned
highway numbers (generally indicating principal focus on highway-side
considerations). The most events assigned in one year was four (1997,
2000), and the fewest was zero (2001, 2002).\2\ FRA and other
designated parties work closely and cooperatively with NTSB when NTSB
elects to investigate a highway-rail grade crossing accident.
---------------------------------------------------------------------------
\2\ It is possible that one or more reports from this period
remain unpublished.
---------------------------------------------------------------------------
NTSB also prepares special studies that may address grade crossing
safety, most recently Safety at Passive Grade Crossings; NTSB Report
Number: SS--
[[Page 22752]]
98-02, -03; July 21, 1998. Board staff looked into the circumstances of
a significant number of collisions at passive crossings in aid of this
study.
Role of Railroads
Railroads possess the right-of-way at highway-rail grade crossings
for the same reasons that large ships possess the right-of-way on
navigable waterways, i.e., large and heavy conveyances cannot stop
quickly. As a result, a highway-rail grade crossing collision can
rarely be avoided through actions of the locomotive engineer or
conductor (e.g., stopping the train short of the crossing). However,
railroads and their employees have a variety of responsibilities that
they must discharge under Federal or state law that are critical to
safety at highway-rail grade crossings. They also have a responsibility
to preserve and report information following grade crossing accidents,
so that local public authorities can determine responsibility of the
parties to the event, and so that Federal and state regulatory agencies
can derive information useful for improving grade crossing safety.
The following discussion summarizes those responsibilities owed by
railroads to the FRA, acting on behalf of the public, that relate to
highway-rail grade crossing safety:
Inspect, test, and maintain grade crossing warning systems
in accordance with 49 CFR Part 234, and take other actions required by
those regulations to avoid continuously operating signals, to provide
for safety in the event of a signal malfunction or when it is necessary
to remove a system from service (for testing or repair), to avoid
interference in the normal functioning of these devices, and to restore
malfunctioning signals to proper functioning without undue delay. See
FRA Safety Advisory 2002-1 (67 FR 3258; January 23, 2002) and FRA
Safety Advisory 2004-03 (69 FR 48904; August 11, 2004). (See further
discussion below.)
Report all activation failures in writing within 15 days
(49 CFR 234.9).
Maintain track structure in accordance with the Track
Safety Standards (49 CFR Part 213). This includes maintaining
adequately drained (non-fouled) ballast that otherwise could permit the
existence of low ballast resistence adversely affecting the operation
of grade crossing signals (49 CFR Sec. 213.103) and removing
vegetation on railroad property that could interfere with preview of
grade crossing warning signs and signals, whether active or passive (49
CFR Sec. 213.37).
Operate trains in accordance with applicable speed
limitations imposed by Federal regulation (49 CFR Parts 213, 234 and
236) and the railroad's operating rules, timetables, and special
instructions (see 49 CFR Parts 217 and 240).
Provide and maintain locomotive event recorders on all
locomotives operating greater than 30 miles per hour, preserving data
following any reportable event (49 CFR 229.135).
Provide and maintain locomotive auxiliary alerting lights
on any lead locomotive operating greater than 20 miles per hour (49 CFR
229.125(d)).
As noted above, the railroads will soon undertake additional duties
related to sounding the locomotive horn (presently done under state law
and the railroad operating rules) and reflectorization of freight rail
rolling stock.
Special Emphasis: Railroad's Duties After an Accident
FRA reminds railroads that event recorder data must be preserved
following accidents at highway-rail grade crossings and notes that FRA
will conduct periodic records audits to determine that this information
is being retained and made available to FRA and NTSB as required.
Following a highway-rail grade crossing accident/incident, the
railroad has additional responsibilities that vary based on the
circumstances:
Event recorder data, including data from all locomotive-
mounted recording devices designed to record information concerning the
functioning of a locomotive or train, must be preserved for 30 days or
longer if so notified by FRA or NTSB (49 CFR 229.135(d)).
If it is determined that the grade crossing warning system
experienced an activation failure, the railroad must make a telephonic
report to FRA through the National Response Center (49 CFR 234.7), and
thereafter file an activation failure report in writing (49 CFR
234.9(a)).
In the case of a fatal highway-rail grade crossing
accident/incident, the railroad must make a telephonic report
immediately, again through the National Response Center (49 CFR 225.9).
Railroads involved in the event must provide written
reports of the accident/incident within 30 days after the month in
which the event occurred (see, e.g., 49 CFR 225.11 and 225.19). FRA's
Guide for Preparing Accident/Incident Reports, available for
downloading on FRA's web site (https://safetydata.fra.dot.gov/
officeofsafety), describes the applicable requirements.
FRA reminds railroads that each of these duties must be faithfully
discharged. Through routine inspections and special assessments, FRA
will continue to verify compliance with these requirements.
State and Local Government Roles
States and local governments play very critical roles in highway-
rail grade crossing safety. Highway users, railroads, and others are
responsible for compliance with requirements imposed by state and local
governments. Those requirements are not defined by FRA, except to the
extent that FRA's exercise of jurisdiction over a subject matter has
the effect of preempting state action (see 49 U.S.C. 20106).
Notwithstanding various actions that FRA and other Federal authorities
have taken to promote highway-rail grade crossing safety, state and
local agencies of appropriate jurisdiction daily exercise their own
responsibilities, which include:
Selection of traffic control devices, including highway-
rail grade crossing warning systems, advance signage, pavement marking,
etc., generally in conformity with the Manual for Uniform Traffic
Control Devices (MUTCD), which is issued by the FHWA;\3\
---------------------------------------------------------------------------
\3\ In some States, railroads are responsible for ``marking''
each public crossing with a crossbuck placed on railroad property,
to the extent other signage is not provided by the roadway
authority. A small number of States specify signage that the
railroad must install at private crossings.
---------------------------------------------------------------------------
Determination, in cooperation with the railroad, of the
need for, and design of, interconnections between highway-rail grade
crossing warning systems and other traffic control signals in the
immediate vicinity, including appropriate timing;
Investigation of all accidents on public roads to
determine user compliance with motor vehicle and other state code
requirements and to determine if a crime has occurred;
Examination and licensing of motor vehicle operators,
including holders of Commercial Drivers Licenses;
Enforcement of state requirements, if any, regarding
clearance of sight obstructions on railroad (or other) property at
highway-rail grade crossings.
Other Federal authorities assist States and localities in
accomplishing this work, as do various private standards bodies. For
instance, FHWA provides formula-based financial assistance that has
been responsible for installation of the majority of highway-rail grade
crossing active warning systems in the nation. FHWA also develops and
maintains the MUTCD with the help of
[[Page 22753]]
a national advisory committee comprised of experts in the field,
including state and local traffic engineers. In addition to providing
overall strategic leadership through the Secretary's Action Plan, the
U.S. Department of Transportation's modal administrations, including
FRA, have contributed to the development of key technical material,
most recently the report of the Secretary's Technical Working Group
entitled Guidance on Traffic Control Devices at Highway-Rail Crossings
(November 2003) which is available on line at https://www.fra.dot.gov/
us/content/817.
Despite the close working relationships forged over the years among
public authorities responsible for highway-rail grade crossing safety,
public misunderstandings persist. For instance, it has been alleged
that FRA regulations interfere with toxicological testing of railroad
crew members following crossing collisions. As a practical matter, that
is not generally the case, because the preemptive effect of FRA's
regulations do not extend to areas where state and local authorities
have traditionally exercised authority with respect to breath or body
fluid testing.
It is true that FRA has excluded highway-rail grade crossing
collisions from the events for which mandatory post-accident
toxicological testing is required under its regulations. The reason for
that exclusion is that crew member actions seldom contribute to these
events--rather, they frequently become additional victims as they
observe close-up events they are powerless to prevent. However, if at
any time a railroad crew member is on duty, and that person is
reasonably suspected of being under the influence of or impaired by
alcohol or other drugs, then the railroad is required to conduct a
breath or urine test, or both, as applicable. Further, any state or
local law enforcement official with probable cause to believe that a
violation of a state criminal law that imposes sanctions for reckless
conduct that leads to actual loss of life, injury or damage to property
has been committed is free to take any action that would be authorized
against any other person, including requiring production of body fluids
for analysis. Thus, while FRA has not delegated to state and local
officials the conduct of Federal tests, neither does FRA preempt
appropriate criminal investigative authority a state or local law
enforcement agency enjoyed prior to issuance of the FRA regulations-
provided probable cause exists supporting that action. See 49 CFR
219.13(b).
To the extent train and engine crew fitness is an issue with
respect to grade crossing safety, FRA's regulations governing random
alcohol and drug testing provide an important safeguard by detecting
and deterring misuse of these substances in the subject population.
Among highway users, only commercial drivers are subject to random
testing.
Opportunities for More Effective Cooperation
FRA has expertise, shared only by the NTSB and state rail agencies
that are members of FRA's State Safety Participation Program, that can
be helpful in evaluating safety issues at highway-rail grade crossings,
whether before or after an event occurs. FRA Highway-Rail Grade
Crossing Managers and Assistant Managers in each FRA region are fully
devoted to supporting safety programs that reduce risk at grade
crossings. As noted above, these managers and other key FRA personnel,
including law enforcement liaison officers (on loan from state or local
law enforcement agencies), conduct outreach to law enforcement agencies
and the judiciary and provide access to appropriate training.
FRA can also offer assistance in resolving questions about safety
raised following grade crossing collisions. FRA operating practices
personnel are skilled in reviewing railroad operating rules and
practices pertinent to grade crossing safety. FRA signal and train
control inspectors are experts in the functioning of active warning
systems (grade crossing signals) and can normally verify from testing,
or review of recorded data, how the events related to railroad
operations unfolded. FRA field personnel are also familiar with
locomotive event recorder data and how to interpret it in relation to
railroad operating rules, timetables, and special instructions.
In the great majority of the approximately 3,000 grade crossing
collisions each year, the event would have been avoided had the vehicle
operator or pedestrian heeded state law, and that person had available
all necessary means for doing so.\4\ However, in a small but
nevertheless significant minority of events, other factors may have
contributed, such as interference with the normal functioning of a
warning system, failure of the warning system, or operation of the
train in a manner not consistent with safety requirements (e.g., short
warning due to overspeed operation, failure to properly sound train
horn, etc). In those cases, it is important for highway and rail
authorities to cooperate in completing their respective investigations.
Exchange of factual information pertinent to the cause of a
transportation accident is clearly within the letter and spirit of
FRA's authorizing statutes (see, e.g., 49 U.S.C. 20902).
---------------------------------------------------------------------------
\4\ For instance, the NTSB's study of collisions at passive
crossings found that driver error was the probable cause for 49 out
of 60 accident cases. In 7 of the remaining 11 cases, the probable
cause was determined to be related to roadway conditions that
affected the driver's ability to detect the presence of a passive
crossing or an oncoming train; roadway and track conditions (e.g.,
curvature) were cited as the probable cause in 3 of the 11 cases.
Safety at Passive Crossings, NTSB Report Number: SS-98-02; July 28,
1998 at vii, viii. Review of FRA accident/incident data suggests
that motorist involvement is significantly higher at crossings
equipped with automated warning devices. It should be emphasized,
however, that ``driver error'' can be significantly mitigated
through a variety of strategies generally clustered under the themes
of engineering, education and enforcement.
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Special emphasis: Availability of FRA Support for State and Local
Investigations
Through this Safety Advisory, FRA invites state and local law
enforcement agencies responsible for investigating highway-rail grade
crossing collisions to contact FRA if it appears from initial
investigation that rail-related factors may have played a role in the
occurrence. FRA will consult with the State or local agency and
determine if FRA should initiate investigative activity regarding
matters within our purview. If FRA determines that a credible issue is
presented that is within our authority and responsibility, factual
information that is developed during the investigation will be made
available to the state or local agency initiating the request. FRA will
also provide technical consultation as appropriate to explain the
significance of railroad-related information.
Current office numbers for FRA regional offices are found at http:/
/www.fra.dot.gov. You may determine the appropriate Regional office by
searching the Federal Railroad Administration Web site [https://
www.fra.dot.gov/us/content/373], selecting a State and clicking on the
corresponding regional office for contact information. Outside of
normal business hours, requests should be placed through the National
Response Center (1-800-424-8802 or 1-800-424-0201 ) for communication
to the FRA Duty Officer. FRA will distribute this Advisory through
major national law enforcement associations and will make this Advisory
available through outreach at the state and local level.
[[Page 22754]]
Issued in Washington, DC, on April 25, 2005.
Daniel C. Smith,
Associate Administrator for Safety.
[FR Doc. 05-8626 Filed 4-29-05; 8:45 am]
BILLING CODE 4910-06-P
