Gulf, Colorado & San Saba Railway; Emergency Order To Prevent Operation of Trains Over the Highway-Rail Grade Crossing at U.S. Highway 87 (DOT Crossing No. 024816B, Milepost 66.65) in Brady, TX, 35108-35110 [2012-14239]
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35108
Federal Register / Vol. 77, No. 113 / Tuesday, June 12, 2012 / Notices
CSX states that timing devices
contained within microprocessor-based
equipment are typically nonvariables
and are within the program logic of the
operating software. However, CSX notes
that some microprocessor-based
equipment have variable timers. CSX is
requesting relief from the requirement of
checking the actual time interval of
microprocessor-based variable timers.
Such variable timers will use
verification of the cyclic redundancy
check/check sum/universal control
number of the existing location specific
application logic to the previously
tested version.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov and in person at
the U.S. Department of Transportation’s
(DOT) Docket Operations Facility, 1200
New Jersey Avenue, SE., W12–140,
Washington, DC 20590. The Docket
Operations Facility is open from 9 a.m.
to 5 p.m., Monday through Friday,
except Federal Holidays.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested party desires
an opportunity for oral comment, they
should notify FRA, in writing, before
the end of the comment period and
specify the basis for their request.
All communications concerning these
proceedings should identify the
appropriate docket number and may be
submitted by any of the following
methods:
• Web site: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: Docket Operations Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., W12–140,
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• Hand Delivery: 1200 New Jersey
Avenue, SE., Room W12–140,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal Holidays.
Communications received by July 27,
2012 will be considered by FRA before
final action is taken. Comments received
after that date will be considered as far
as practicable.
Anyone is able to search the
electronic form of any written
communications and comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
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22:42 Jun 11, 2012
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business, labor union, etc.). You may
review DOT’s complete Privacy Act
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65, Number 70; Pages 19477–78), or
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Issued in Washington, DC, on June 5, 2012.
Ron Hynes,
Acting Deputy Associate Administrator for
Regulatory and Legislative Operations.
[FR Doc. 2012–14167 Filed 6–11–12; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[FRA Emergency Order No. 27, Notice No.
1]
Gulf, Colorado & San Saba Railway;
Emergency Order To Prevent
Operation of Trains Over the HighwayRail Grade Crossing at U.S. Highway
87 (DOT Crossing No. 024816B,
Milepost 66.65) in Brady, TX
The Federal Railroad Administration
(FRA) of the United States Department
of Transportation (DOT) has determined
that public safety compels issuance of
this Emergency Order requiring the
Gulf, Colorado & San Saba Railway
(GCSR) of Brady, Texas, to discontinue
operation of any train or rail vehicle
under any circumstances over the
highway-rail grade crossing at U.S.
Highway 87 (DOT Crossing No.
024816B, milepost 66.65) on the GCSR
rail line until GCSR implements and
complies with procedures for safe
operation over the crossing as approved
by FRA, or restores the proper
functioning of the grade crossing
warning system at U.S. Highway 87 and
brings the grade crossing warning
system into full compliance with FRA
regulations, as determined by FRA.
Authority
Authority to enforce Federal railroad
safety laws has been delegated by the
Secretary of Transportation to the
Federal Railroad Administrator. 49 CFR
1.49. Railroads are subject to FRA’s
safety jurisdiction under the Federal
railroad safety laws, 49 U.S.C. 20102,
20103. FRA is authorized to issue
emergency orders where an unsafe
condition or practice ‘‘causes an
emergency situation involving a hazard
of death or personal injury.’’ 49 U.S.C.
20104. These orders may impose such
‘‘restrictions and prohibitions * * *
that may be necessary to abate the
situation.’’ Ibid.
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Background
GCSR is subject to the jurisdiction of
FRA. The railroad operates on 67.5
miles of main line track between
Lometa, Texas, and Brady, Texas. In
addition to its main line track, GCSR
operates on the Sand House Spur in
Brady, which is approximately two
miles in length. The American Railroads
Corporation, headquartered in
Barrington, Illinois, owns and operates
GCSR. The railroad solely transports
freight, and its primary commodities
include sand and agricultural products.
GCSR has designated all track over
which it operates as excepted track. See
49 CFR 213.4. By regulation and posted
notice, train speeds are restricted to 10
m.p.h. This includes the trackage over
the highway-rail grade crossing at U.S.
Highway 87. However, even trains
traveling through a grade crossing at
slow speeds are not able to stop
suddenly to avoid vehicles in the
crossing. FRA has promulgated
regulations to protect and adequately
warn highway users attempting to cross
a grade crossing about a train’s approach
to, or occupancy of, the crossing so that
a potentially deadly accident can be
prevented. See 49 CFR part 234.
U.S. Highway 87 is a busy four-lane
highway in Brady, which GCSR has
acknowledged in a June 4, 2012, letter
to FRA’s Regional Administrator for
Region 5. The posted highway speed
limit is 55 m.p.h. As of 2010, the annual
average daily traffic was approximately
4,200 vehicles. Moreover, the Texas
Department of Transportation (TXDOT)
estimates that approximately 16 school
buses currently traverse the crossing
daily, Monday through Friday. The
track adjacent to U.S. Highway 87 is
routinely used to service a nearby
industry. During an inspection in April
2012, FRA inspectors found freight cars
‘‘spotted’’ on the industry track
immediately on both sides of the
crossing that either did not have
handbrakes applied or had insufficient
handbrakes applied to prevent them
from rolling free.
The active warning system for the
highway-rail grade crossing at U.S.
Highway 87 consists of mast-mounted
flashing lights and audible warning
bells. According to the information
available to FRA, the active warning
system at U.S. Highway 87 has been
without power and out-of-service since
at least April 1, 2010. In GCSR’s June
4th letter, the railroad contends that the
crossing has been out-of-service since
the railroad was purchased by the
current owners, and that the line was
rarely used. Only in the last 24 months,
according to GCSR, has business
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Federal Register / Vol. 77, No. 113 / Tuesday, June 12, 2012 / Notices
expanded requiring the regular use of
the U.S. Highway 87 grade crossing.
Federal grade crossing signal system
safety regulations require that ‘‘[w]hen
any essential component of a highwayrail grade crossing warning system fails
to perform its intended function, the
cause shall be determined and the faulty
component adjusted, repaired, or
replaced without undue delay.’’ 49 CFR
234.207(a). Further, the railroad must
take appropriate action, such as
stopping and flagging the crossing, until
the repair of an essential component has
been made. 49 CFR 234.207(b).
FRA and TXDOT safety inspectors
have taken exception several times to
the condition of the active warning
system at the U.S. Highway 87 grade
crossing. However, GCSR has repeatedly
failed to institute necessary repairs to
restore the proper functioning of the
active warning system. On July 6, 2011,
a TXDOT inspector cited GCSR for its
failure to repair the warning system
without undue delay. On January 25,
2012, FRA and TXDOT conducted a reinspection and again cited GCSR for its
failure to repair the warning system
without undue delay. At this time,
GCSR representatives were provided a
detailed explanation of the requirements
of the Federal regulations. Yet, followup inspections by FRA on March 20 and
April 17, 2012, revealed that nothing
had been done to bring the active
warning system back into proper
functioning.
On May 21, 2012, FRA sent a letter to
GCSR notifying the railroad of the need
to restore the active warning devices at
the U.S. Highway 87 highway-rail grade
crossing as well as those at a separate
crossing (FM 3533) to proper
functioning within 10 days of the date
of the letter. FRA clearly stated that
failure to act within the time prescribed
would result in the issuance of an
emergency order ceasing operations
over the identified crossings because of
the serious safety concerns about the
condition of the crossing warning
systems. GCSR failed to respond within
the time prescribed, but did respond by
letter dated June 4, 2012. GCSR noted
that the crossing at FM 3533 had been
repaired prior to the receipt of FRA’s
May 21st letter, but the railroad
recognized that it had failed to restore
the active warning system to its proper
functioning at the U.S. Highway 87
highway-rail grade crossing. GCSR
contended that it has not restored the
warning system to proper functioning at
U.S. Highway 87 because it has been
waiting for TXDOT to approve a
crossing upgrade. The railroad also
stated that it has used safe flagging
procedures with crews on the ground
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facing traffic in both directions.
Although GCSR states that it has stop
and flag procedures in place, TXDOT
has received multiple reports
concerning GCSR trains passing through
the crossing at U.S. Highway 87 without
flagmen present. While FRA
understands the desire to upgrade the
crossing, this circumstance cannot
prevent GCSR from taking the necessary
steps to protect its employees and the
general public from the serious hazards
created by the out-of-service active
warning systems at the U.S. Highway 87
grade crossing. As of June 5, 2012, FRA
confirmed that still nothing has been
done to bring the active warning system
back into proper functioning.
Finding and Order
The results of inspections performed
by FRA and TXDOT inspectors of the
active warning devices installed at the
U.S. Highway 87 grade crossing at
milepost 66.65 on GCSR line have led
FRA to conclude that continued use of
this highway-rail grade crossing by the
railroad poses an imminent and
unacceptable threat to public safety.
Furthermore, a past pattern of failure by
GCSR to comply with Federal grade
crossing signal system safety regulations
persuades FRA that reliance upon the
cooperation of GCSR to provide
alternate protection for highway users
until completion of an anticipated
upgrade to the active warning devices at
the U.S. Highway 87 grade crossing is
inadequate to protect public safety. I,
therefore, find that the unsafe
conditions discussed above create an
emergency situation involving a hazard
of death or injury to persons.
Accordingly, pursuant to the authority
of 49 U.S.C. 20104, delegated to me by
the Secretary of Transportation (49 CFR
1.49), it is ordered that Gulf, Colorado
& San Saba Railway shall discontinue,
and shall not permit under any
circumstances, the operation of trains
over the U.S. Highway 87 grade crossing
(DOT Crossing No. 024816B) at milepost
66.65 while this Emergency Order
remains in effect. I direct that a copy of
this order be posted in a public location
at the railroad’s office and a copy of the
order be provided to each employee of
the railroad.
Relief
The GCSR may obtain full relief from
this Emergency Order by taking the
following actions:
(1) Restore to their proper function
the active warning devices currently
installed, or complete installation of
upgraded active warning devices, at the
U.S. Highway 87 grade crossing at
milepost 66.65 to ensure proper
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35109
functioning of such devices as they are
relied upon by highway users.
(2) Submit written certification to
FRA’s Regional Administrator for
Region 5 that all necessary repairs and
inspections of the active warning
devices at the U.S. Highway 87 grade
crossing have been performed and that
all required tests are up-to-date.
(3) Obtain approval from the Federal
Railroad Administrator that all of the
requirements of this Emergency Order
have been met and properly performed.
To obtain relief, GCSR should inform
the Federal Railroad Administrator in
writing, with a copy to FRA’s Regional
Administrator for Region 5, that it
believes all of the requirements of this
Emergency Order have been met. FRA
will conduct inspections of the active
warning devices at the U.S. Highway 87
grade crossing and will inform GCSR in
writing whether this Emergency Order
will be lifted. If FRA does not lift the
order, the written response will
specifically describe what additional
measures need to be taken to meet all
of the requirements of this Emergency
Order.
Partial Relief
In order for FRA to consider granting
partial relief from this Emergency Order,
the GCSR must submit a written plan for
approval to FRA’s Regional
Administrator for Region 5 to provide
alternate protection for highway users at
the U.S. Highway 87 grade crossing.
GCSR shall not resume any rail
operations over U.S. Highway 87 until
obtaining approval of its written plan to
provide temporary alternate protection
to highway users of the U.S. Highway 87
grade crossing by the Regional
Administrator for FRA’s Region 5. Any
partial relief provided will, however,
remain subject to GCSR compliance
with its approved written plan to
provide alternate protection to highway
users of the U.S. Highway 87 grade
crossing. Failure to comply with any
approved plan will result in the partial
relief being revoked.
Penalties
Any violation of this order or the
terms of any approved written plan
pursuant to this order to provide
alternate protection to highway users of
the U.S. Highway 87 grade crossing
shall subject the person committing the
violation to a civil penalty of up to
$100,000 before June 25, 2012, and
$105,000 on or after June 25, 2012. 49
U.S.C. 21301. Any individual who
willfully violates a prohibition stated in
this order is subject to civil penalties
under 49 U.S.C. 21301. In addition,
such an individual whose violation of
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Federal Register / Vol. 77, No. 113 / Tuesday, June 12, 2012 / Notices
this order demonstrates the individual’s
unfitness for safety-sensitive service
may be removed from safety-sensitive
service on the railroad under 49 U.S.C.
20111. If appropriate, FRA may pursue
criminal penalties under 49 U.S.C.
522(a) and 49 U.S.C. 21311(a), as well
as 18 U.S.C. 1001, for the knowing and
willful falsification of a report required
by this order. FRA may, through the
Attorney General, also seek injunctive
relief to enforce this order. 49 U.S.C.
20112.
Effective Date and Notice to Affected
Persons
This Emergency Order shall take
effect at 12:01 a.m. C.S.T. on June 7,
2012, and apply to all operations of
trains or vehicles on or after that time.
Notice of this Emergency Order will be
provided by publishing it in the Federal
Register. Copies of this Emergency
Order will be sent by mail or email prior
to publication to the Gulf, Colorado &
San Saba Railway and the American
Railroads Corporation.
Review
Opportunity for formal review of this
Emergency Order will be provided in
accordance with 49 U.S.C. 20104(b) and
section 554 of title 5 of the United States
Code. Administrative procedures
governing such review are found at 49
CFR part 211. See 49 CFR 211.47,
211.71, 211.73, 211.75, and 211.77.
Issued in Washington, DC, on June 6, 2012.
Joseph C. Szabo,
Administrator.
[FR Doc. 2012–14239 Filed 6–7–12; 4:15 pm]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2012–0071]
Agency Information Collection Activity
Under OMB Review: Production Plan
Reports
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice and request for
comments.
AGENCY:
The Department of
Transportation (DOT) invites public
comments about our intention to request
the Office of Management and Budget
(OMB) approval for a renewal of an
information collection. The collection
involves vehicle manufacturers
submitting updated future product
plans, as well as production data
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SUMMARY:
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22:42 Jun 11, 2012
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through the recent past, including data
about engines and transmissions for
model year (MY) 2012 through MY 2025
passenger cars and light trucks and the
assumptions underlying those plans.
The information to be collected will
be used to assist NHTSA with the
setting of future fuel economy standards
for light duty vehicles. We are required
to publish this notice in the Federal
Register by the Paperwork Reduction
Act of 1995, Public Law 104–13.
DATES: Written comments should be
submitted by August 13, 2012.
ADDRESSES: You may submit comments
[identified by Docket No. NHTSA–
2012–0071] through one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 1 (202) 493–2251
• Mail or Hand Delivery: Docket
Management Facility, U.S. Department
of Transportation, 1200 New Jersey
Avenue SE., West Building, Room W12–
140, Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through
Friday, except on Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Kenneth R. Katz, Fuel Economy
Division, Office of International Policy,
Fuel Economy and Consumer Programs,
NVS–132, National Highway Traffic
Safety Administration, U.S. Department
of Transportation, 1200 New Jersey
Avenue SE., Washington, DC 20590.
Phone: (202) 366–4936.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 2127–0655.
Title: 49 CFR Parts 531 and 533
Passenger Car Average Fuel Economy
Standards—Model Years 2016–2025;
Light Truck Average Fuel Economy
Standards—Model Years 2016–2025;
Production Plan Data.
Type of Review: Extension of existing
collection.
Background: In this collection of
information, NHTSA is requesting
updated future product plans from
vehicle manufacturers, as well as
production data through the recent past,
including data about engines and
transmissions for model year MY 2012
through MY 2025 passenger cars and
light trucks and the assumptions
underlying those plans.
NHTSA requests information for MYs
2012–2025 to aid NHTSA in developing
a realistic forecast of the MY 2016–2025
vehicle market. Information regarding
earlier model years may help the agency
to better account for cumulative effects
such as volume-and time-based
reductions in costs, and also may help
to reveal product mix and technology
application trends during model years
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for which the agency is currently
receiving actual corporate average fuel
economy (CAFE) compliance data.
Information regarding later model years
helps the agency gain a better
understanding of how manufacturers’
plans through MY 2025 relate to their
longer-term expectations regarding
Energy Independence and Security Act
requirements, market trends, and
prospects for more advanced
technologies.
NHTSA will also consider
information from model years before
and after MYs 2016–2025 when
reviewing manufacturers’ planned
schedules for redesigning and
freshening their products, in order to
examine how manufacturers anticipate
tying technology introduction to
product design schedules. In addition,
the agency is requesting information
regarding manufacturers’ estimates of
the future vehicle population, and fuel
economy improvements and
incremental costs attributed to this
notice.
Respondents: Automobile
manufacturers.
Estimated Number of Respondents:
Thirty.
Estimated Number of Responses:
Thirty.
Estimated Total Annual Burden:
Reports are requested from each of the
thirty automotive manufacturers. For
each manufacturer who supplies
product plan reports, NHTSA has made
available a product plan template,
which can be found at: https://www.
nhtsa.gov/Laws+&+Regulations/CAFE++Fuel+Economy/Current+and+past+
product+plan+requests. NHTSA
currently has a clearance for 16,000
hours, based on reports being received
from 22 manufacturers. Including
reports from eight additional
manufacturers, most of which produce
approximately 500 vehicles per year,
results in an additional reporting
burden of 500 hours. Adding that
burden to the existing burden of 16,000,
results in a total reporting burden of
16,500 hours. The information
requested in the templates may change
from request to request as new fuel
economy technologies are implemented,
which may increase the amount of
information requested, and as older
technologies are phased out, which may
decrease the amount of information
requested. Therefore, the time needed to
complete the templates may vary for
each product plan request. Although the
reporting burden may not be precisely
16,500 hours for each specific product
plan request, NHTSA believes that,
based on prior experience, that this
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]]>Agencies
[Federal Register Volume 77, Number 113 (Tuesday, June 12, 2012)]
[Notices]
[Pages 35108-35110]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14239]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[FRA Emergency Order No. 27, Notice No. 1]
Gulf, Colorado & San Saba Railway; Emergency Order To Prevent
Operation of Trains Over the Highway-Rail Grade Crossing at U.S.
Highway 87 (DOT Crossing No. 024816B, Milepost 66.65) in Brady, TX
The Federal Railroad Administration (FRA) of the United States
Department of Transportation (DOT) has determined that public safety
compels issuance of this Emergency Order requiring the Gulf, Colorado &
San Saba Railway (GCSR) of Brady, Texas, to discontinue operation of
any train or rail vehicle under any circumstances over the highway-rail
grade crossing at U.S. Highway 87 (DOT Crossing No. 024816B, milepost
66.65) on the GCSR rail line until GCSR implements and complies with
procedures for safe operation over the crossing as approved by FRA, or
restores the proper functioning of the grade crossing warning system at
U.S. Highway 87 and brings the grade crossing warning system into full
compliance with FRA regulations, as determined by FRA.
Authority
Authority to enforce Federal railroad safety laws has been
delegated by the Secretary of Transportation to the Federal Railroad
Administrator. 49 CFR 1.49. Railroads are subject to FRA's safety
jurisdiction under the Federal railroad safety laws, 49 U.S.C. 20102,
20103. FRA is authorized to issue emergency orders where an unsafe
condition or practice ``causes an emergency situation involving a
hazard of death or personal injury.'' 49 U.S.C. 20104. These orders may
impose such ``restrictions and prohibitions * * * that may be necessary
to abate the situation.'' Ibid.
Background
GCSR is subject to the jurisdiction of FRA. The railroad operates
on 67.5 miles of main line track between Lometa, Texas, and Brady,
Texas. In addition to its main line track, GCSR operates on the Sand
House Spur in Brady, which is approximately two miles in length. The
American Railroads Corporation, headquartered in Barrington, Illinois,
owns and operates GCSR. The railroad solely transports freight, and its
primary commodities include sand and agricultural products. GCSR has
designated all track over which it operates as excepted track. See 49
CFR 213.4. By regulation and posted notice, train speeds are restricted
to 10 m.p.h. This includes the trackage over the highway-rail grade
crossing at U.S. Highway 87. However, even trains traveling through a
grade crossing at slow speeds are not able to stop suddenly to avoid
vehicles in the crossing. FRA has promulgated regulations to protect
and adequately warn highway users attempting to cross a grade crossing
about a train's approach to, or occupancy of, the crossing so that a
potentially deadly accident can be prevented. See 49 CFR part 234.
U.S. Highway 87 is a busy four-lane highway in Brady, which GCSR
has acknowledged in a June 4, 2012, letter to FRA's Regional
Administrator for Region 5. The posted highway speed limit is 55 m.p.h.
As of 2010, the annual average daily traffic was approximately 4,200
vehicles. Moreover, the Texas Department of Transportation (TXDOT)
estimates that approximately 16 school buses currently traverse the
crossing daily, Monday through Friday. The track adjacent to U.S.
Highway 87 is routinely used to service a nearby industry. During an
inspection in April 2012, FRA inspectors found freight cars ``spotted''
on the industry track immediately on both sides of the crossing that
either did not have handbrakes applied or had insufficient handbrakes
applied to prevent them from rolling free.
The active warning system for the highway-rail grade crossing at
U.S. Highway 87 consists of mast-mounted flashing lights and audible
warning bells. According to the information available to FRA, the
active warning system at U.S. Highway 87 has been without power and
out-of-service since at least April 1, 2010. In GCSR's June 4th letter,
the railroad contends that the crossing has been out-of-service since
the railroad was purchased by the current owners, and that the line was
rarely used. Only in the last 24 months, according to GCSR, has
business
[[Page 35109]]
expanded requiring the regular use of the U.S. Highway 87 grade
crossing.
Federal grade crossing signal system safety regulations require
that ``[w]hen any essential component of a highway-rail grade crossing
warning system fails to perform its intended function, the cause shall
be determined and the faulty component adjusted, repaired, or replaced
without undue delay.'' 49 CFR 234.207(a). Further, the railroad must
take appropriate action, such as stopping and flagging the crossing,
until the repair of an essential component has been made. 49 CFR
234.207(b).
FRA and TXDOT safety inspectors have taken exception several times
to the condition of the active warning system at the U.S. Highway 87
grade crossing. However, GCSR has repeatedly failed to institute
necessary repairs to restore the proper functioning of the active
warning system. On July 6, 2011, a TXDOT inspector cited GCSR for its
failure to repair the warning system without undue delay. On January
25, 2012, FRA and TXDOT conducted a re-inspection and again cited GCSR
for its failure to repair the warning system without undue delay. At
this time, GCSR representatives were provided a detailed explanation of
the requirements of the Federal regulations. Yet, follow-up inspections
by FRA on March 20 and April 17, 2012, revealed that nothing had been
done to bring the active warning system back into proper functioning.
On May 21, 2012, FRA sent a letter to GCSR notifying the railroad
of the need to restore the active warning devices at the U.S. Highway
87 highway-rail grade crossing as well as those at a separate crossing
(FM 3533) to proper functioning within 10 days of the date of the
letter. FRA clearly stated that failure to act within the time
prescribed would result in the issuance of an emergency order ceasing
operations over the identified crossings because of the serious safety
concerns about the condition of the crossing warning systems. GCSR
failed to respond within the time prescribed, but did respond by letter
dated June 4, 2012. GCSR noted that the crossing at FM 3533 had been
repaired prior to the receipt of FRA's May 21st letter, but the
railroad recognized that it had failed to restore the active warning
system to its proper functioning at the U.S. Highway 87 highway-rail
grade crossing. GCSR contended that it has not restored the warning
system to proper functioning at U.S. Highway 87 because it has been
waiting for TXDOT to approve a crossing upgrade. The railroad also
stated that it has used safe flagging procedures with crews on the
ground facing traffic in both directions. Although GCSR states that it
has stop and flag procedures in place, TXDOT has received multiple
reports concerning GCSR trains passing through the crossing at U.S.
Highway 87 without flagmen present. While FRA understands the desire to
upgrade the crossing, this circumstance cannot prevent GCSR from taking
the necessary steps to protect its employees and the general public
from the serious hazards created by the out-of-service active warning
systems at the U.S. Highway 87 grade crossing. As of June 5, 2012, FRA
confirmed that still nothing has been done to bring the active warning
system back into proper functioning.
Finding and Order
The results of inspections performed by FRA and TXDOT inspectors of
the active warning devices installed at the U.S. Highway 87 grade
crossing at milepost 66.65 on GCSR line have led FRA to conclude that
continued use of this highway-rail grade crossing by the railroad poses
an imminent and unacceptable threat to public safety. Furthermore, a
past pattern of failure by GCSR to comply with Federal grade crossing
signal system safety regulations persuades FRA that reliance upon the
cooperation of GCSR to provide alternate protection for highway users
until completion of an anticipated upgrade to the active warning
devices at the U.S. Highway 87 grade crossing is inadequate to protect
public safety. I, therefore, find that the unsafe conditions discussed
above create an emergency situation involving a hazard of death or
injury to persons. Accordingly, pursuant to the authority of 49 U.S.C.
20104, delegated to me by the Secretary of Transportation (49 CFR
1.49), it is ordered that Gulf, Colorado & San Saba Railway shall
discontinue, and shall not permit under any circumstances, the
operation of trains over the U.S. Highway 87 grade crossing (DOT
Crossing No. 024816B) at milepost 66.65 while this Emergency Order
remains in effect. I direct that a copy of this order be posted in a
public location at the railroad's office and a copy of the order be
provided to each employee of the railroad.
Relief
The GCSR may obtain full relief from this Emergency Order by taking
the following actions:
(1) Restore to their proper function the active warning devices
currently installed, or complete installation of upgraded active
warning devices, at the U.S. Highway 87 grade crossing at milepost
66.65 to ensure proper functioning of such devices as they are relied
upon by highway users.
(2) Submit written certification to FRA's Regional Administrator
for Region 5 that all necessary repairs and inspections of the active
warning devices at the U.S. Highway 87 grade crossing have been
performed and that all required tests are up-to-date.
(3) Obtain approval from the Federal Railroad Administrator that
all of the requirements of this Emergency Order have been met and
properly performed. To obtain relief, GCSR should inform the Federal
Railroad Administrator in writing, with a copy to FRA's Regional
Administrator for Region 5, that it believes all of the requirements of
this Emergency Order have been met. FRA will conduct inspections of the
active warning devices at the U.S. Highway 87 grade crossing and will
inform GCSR in writing whether this Emergency Order will be lifted. If
FRA does not lift the order, the written response will specifically
describe what additional measures need to be taken to meet all of the
requirements of this Emergency Order.
Partial Relief
In order for FRA to consider granting partial relief from this
Emergency Order, the GCSR must submit a written plan for approval to
FRA's Regional Administrator for Region 5 to provide alternate
protection for highway users at the U.S. Highway 87 grade crossing.
GCSR shall not resume any rail operations over U.S. Highway 87 until
obtaining approval of its written plan to provide temporary alternate
protection to highway users of the U.S. Highway 87 grade crossing by
the Regional Administrator for FRA's Region 5. Any partial relief
provided will, however, remain subject to GCSR compliance with its
approved written plan to provide alternate protection to highway users
of the U.S. Highway 87 grade crossing. Failure to comply with any
approved plan will result in the partial relief being revoked.
Penalties
Any violation of this order or the terms of any approved written
plan pursuant to this order to provide alternate protection to highway
users of the U.S. Highway 87 grade crossing shall subject the person
committing the violation to a civil penalty of up to $100,000 before
June 25, 2012, and $105,000 on or after June 25, 2012. 49 U.S.C. 21301.
Any individual who willfully violates a prohibition stated in this
order is subject to civil penalties under 49 U.S.C. 21301. In addition,
such an individual whose violation of
[[Page 35110]]
this order demonstrates the individual's unfitness for safety-sensitive
service may be removed from safety-sensitive service on the railroad
under 49 U.S.C. 20111. If appropriate, FRA may pursue criminal
penalties under 49 U.S.C. 522(a) and 49 U.S.C. 21311(a), as well as 18
U.S.C. 1001, for the knowing and willful falsification of a report
required by this order. FRA may, through the Attorney General, also
seek injunctive relief to enforce this order. 49 U.S.C. 20112.
Effective Date and Notice to Affected Persons
This Emergency Order shall take effect at 12:01 a.m. C.S.T. on June
7, 2012, and apply to all operations of trains or vehicles on or after
that time. Notice of this Emergency Order will be provided by
publishing it in the Federal Register. Copies of this Emergency Order
will be sent by mail or email prior to publication to the Gulf,
Colorado & San Saba Railway and the American Railroads Corporation.
Review
Opportunity for formal review of this Emergency Order will be
provided in accordance with 49 U.S.C. 20104(b) and section 554 of title
5 of the United States Code. Administrative procedures governing such
review are found at 49 CFR part 211. See 49 CFR 211.47, 211.71, 211.73,
211.75, and 211.77.
Issued in Washington, DC, on June 6, 2012.
Joseph C. Szabo,
Administrator.
[FR Doc. 2012-14239 Filed 6-7-12; 4:15 pm]
BILLING CODE 4910-06-P
