[Federal Register Volume 64, Number 209 (Friday, October 29, 1999)]
[Proposed Rules]
[Pages 58372-58374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28233]
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DEPARTMENT OF TRANSPORTATION
Office of Motor Carrier Safety
49 CFR Part 392
[Docket No. OMCS-98-4202]
Railroad-Highway Grade Crossing; Safe Clearance; Public Meeting
AGENCY: Office of Motor Carrier Safety (OMCS), DOT.
ACTION: Proposed rule; public meeting.
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SUMMARY: This document announces a public meeting to discuss the
problem of railroad-highway grade crossing crashes involving commercial
motor vehicles (CMVs) in general, and specifically crashes in which the
CMV was struck by a train because the driver of the CMV, for whatever
reason, stopped the vehicle prior to clearing the railroad track. The
meeting is intended to promote the sharing of information between the
Office of Motor Carrier Safety (OMCS), the Federal Highway
Administration (FHWA), the Federal Railroad Administration (FRA); State
agencies with responsibilities related to railroad-highway grade
crossing safety; motor carriers, and rail carriers; and interested
parties concerning the adequacy of current Federal and State laws and
regulations governing the operation of CMVs at grade crossings, and
devices and technologies that could be installed at these locations to
help reduce the incidence of CMV-train crashes. The meeting will
include presentations by the OMCS, the FHWA, and the FRA explaining
their respective roles. The agencies would provide all interested
parties with an opportunity to voice their concerns about the adequacy
of current Federal and State requirements and present suggestions or
recommendations for practical ways to reduce the incidence of railroad-
highway grade crossing crashes.
DATES: The meeting will be held on Tuesday, November 9, 1999. The
meeting will begin at 9:30 a.m. and end at 4:30 p.m.
ADDRESSES: The meeting will be held in Room 2230, Nassif Building, DOT
Headquarters, 400 Seventh Street, SW., Washington, DC. 20590
FOR FURTHER INFORMATION CONTACT: Mr. David M. Lehrman, Office of Motor
Carrier Safety (202) 366-0994; or Mr. Charles E. Medalen, Office of the
Chief Counsel, HCC-20, (202) 366-1354, Federal Highway Administration,
400 Seventh Street, SW., Washington, D.C. 20590. Office hours are from
7:45 a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
An electronic copy of this document may be downloaded using a modem
and suitable communications software from the Government Printing
Office's Electronic Bulletin Board Service at (202) 512-1661. Internet
users may reach the Office of the Federal Register's home page at:
http://www.nara.gov/fedreg and the Government Printing Office's
database at: http://www.access.gpo.gov/nara.
Creation of New Agency
Section 338 of the FY 2000 Department of Transportation and Related
Agencies Appropriations Act prohibits the expenditure of any funds
appropriated by that Act ``to carry out the functions and operations of
the Office of Motor Carriers within the Federal Highway
Administration'' (Public Law 106-69, October 9, 1999, 113 Stat. 986, at
1022). Section 338 further provides that, if the authority of the
Secretary of Transportation on which the functions and operations of
the Office of Motor Carriers are based is redelegated outside the FHWA,
the funds available to that Office under the Act may be transferred and
expended to support its functions and operations.
The Secretary has rescinded the authority previously delegated to
the FHWA to perform motor carrier functions and operations. This
authority has been redelegated to the Director, Office of Motor Carrier
Safety (OMCS), a new office within the Department of Transportation (64
FR 56270, October 19, 1999).
The new OMCS includes the following headquarters offices of the
FHWA's former Office of Motor Carrier and Highway Safety (OMCHS): the
Office of Motor Carrier Research and Standards, the Office of Data
Analysis and Information Systems, the Office of Motor Carrier
Enforcement, the Office of Policy and Program Management, the Office of
National and International Safety Programs, the Office of Technology
Evaluation and Deployment, and the Office of Program Evaluation.
However, the Office of Highway Safety Infrastructure remains part of
the FHWA. In addition, the motor carrier functions of the FHWA's
Resource Centers and Division (i.e., State) Offices have been
transferred to OMCS Resource Centers and OMCS Division Offices,
respectively. Rulemaking, enforcement and other activities of the OMCHS
while part of the FHWA will be continued by the new OMCS. The
redelegation will cause no changes in the motor carrier functions and
operations of the offices or resource centers listed above. For the
time being, all phone numbers and addresses are unchanged.
Background
On August 26, 1994, the President signed the Hazardous Materials
Transportation Authorization Act of 1994 (Public Law 103-311, 108 Stat.
1673) the Act). Section 112 of the Act requires the Secretary of
Transportation to amend the Federal Motor Carrier Safety Regulations to
prohibit the driver of any CMV from driving a motor vehicle onto a
railroad-highway grade crossing without having sufficient space to
drive completely through the crossing without stopping.
On July 30, 1998 (63 FR 40691), the OMCS published a notice of
proposed rulemaking (NPRM) to implement the statutory mandate. The NPRM
also sought comments and information about the number of railroad grade
crossings
[[Page 58373]]
that lacked sufficient clearance for some CMVs to be driven completely
across the tracks before stopping.
The OMCS believes a public meeting is necessary to establish
dialogue among Federal and State agencies, motor and rail carriers,
safety groups, and interested parties concerning practical approaches
for reducing the incidence of CMV crashes with trains, especially
crashes in which the CMV was struck by the train because the driver of
the CMV, for whatever reason, stopped the vehicle prior to clearing the
railroad track.
Magnitude of the Problem of Railroad-Highway Grade Crossing Crashes
The OMCS believes that it is important to address accidents at
railroad-highway grade crossings because they are numerous, as can
clearly be seen in the figures set forth below. While the downward
trend is encouraging, in that the overall total number of railroad-
highway grade crossing fatalities and nonfatalities both dropped
between 1997 and 1998, some segments of the population having
accidents, for example, pickup trucks, have actually increased.
Furthermore, motor vehicle property damage, as a result of railroad-
highway grade crossing accidents remains at over $15 million annually.
Yet, another important factor is maintaining the confidence of the
public in our ability to promote safety at railroad-highway grade
crossings. That confidence will grow by initiating a vigorous program
to prevent these accidents. The Office of Motor Carrier Safety is
committed to proactively continuing the 1998 decline in railroad-
highway grade crossing accidents. This public meeting scheduled for
Tuesday, November 9, 1999, is an important step in soliciting
engineering and other technological ideas to achieve that goal.
1997 Incidents
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Motor vehicle
Incidents damage
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Truck.................................. 681 17.6% $3,982,275.00
Truck-trailer.......................... 490 12.7% 6,139,783.00
Pickup truck........................... 335 8.7% 1,264,135.00
Truck total............................ 1506 39.0% 11,386,193.00
Overall Total.......................... 3865 100% 18,675,374.00
Car.................................... 2078 53.8% 5,968,309.00
------------------------------------------------------------------------
1997 Fatals/Nonfatal
------------------------------------------------------------------------
Fatals Nonfatal
------------------------------------------------------------------------
Truck..................................... 89 19.3% 275 17.9%
Truck-trailer............................. 21 4.6% 232 15.1%
Pickup truck.............................. 28 6.0% 120 7.7%
Truck total............................... 138 29.9% 627 40.7%
Overall Total............................. 461 100% 1540 100%
Car....................................... 247 53.6% 795 51.6%
------------------------------------------------------------------------
1998 Incidents
------------------------------------------------------------------------
Motor Vehicle
Incidents Damage
------------------------------------------------------------------------
Truck.................................. 460 13.1% $2,149,600.00
Truck-trailer.......................... 477 13.6% 6,423,570.00
Pickup truck........................... 444 12.6% 1,993,971.00
Truck total............................ 1381 39.3% 10,567,141.00
Overall Total.......................... 3508 100% 16,790,748.00
Car.................................... 1810 51.6% 5,318,227.00
------------------------------------------------------------------------
1998 Fatal/Nonfatal
------------------------------------------------------------------------
Fatal Nonfatal
------------------------------------------------------------------------
Truck..................................... 57 13.2% 188 14.4%
Truck-trailer............................. 17 3.9% 185 14.2%
Pickup truck.............................. 60 13.9% 147 11.3%
Truck total............................... 134 31.0% 520 39.9%
Overall Total............................. 431 100% 1303 100%
Car....................................... 206 47.8% 668 51.3%
------------------------------------------------------------------------
Topics of Discussion During the Meeting
OMCS NPRM Concerning Storage Space
1. What are the potential problems facing CMV drivers at railroad-
highway grade crossings?
2. What would a rule, if promulgated, require?
3. How would a driver or motor carrier ensure compliance? Note that
irrespective of whatever signs are posted concerning the space between
the rails and the traffic control device, etc., the driver must make a
judgment call on whether the vehicle can clear the tracks completely.
Is there current technology available to help make this determination?
If not, can industry develop the necessary technology to determine
adequate storage space?
4. Would a sign showing how much space exists between the rails and
the next traffic control device help? If so, where should such a sign
be placed? Would it suffice for a sign to indicate, perhaps through a
universal graphic symbol, that vehicle storage at an at-grade highway-
rail crossing is shorter that the longest legal CMV?
5. Are there disadvantages to safety arising out of the proposed
rule of July 30, 1998? For example, consider the following scenario: A
truck makes a right turn onto railroad tracks. After completing the
turn, the driver then realizes that there is insufficient storage space
available--it is occupied on the other side of the tracks by a truck
which the driver could not see prior to making his turn. The driver now
has to back up onto a street at right angles to the front of his truck
or tractor. The driver may find it difficult to see oncoming traffic on
the street from which the vehicle has just turned. In what ways could a
spotter, or flagman help in complying with a rule prohibiting entering
storage space without ability to clear the tracks?
6. Would it be helpful for CMVs to be detoured around routes
containing at-grade railroad-highway crossings with insufficient space
to accommodate the vehicle ?
7. Is there anything else that would help drivers comply with the
law?
Final Rule on Commercial Driver Disqualification Provision
On September 2, 1999 the OMCS published a final rule adopting new
disqualification periods for holders of commercial drivers' licenses
(CDLs) who are convicted of railroad-highway grade crossing violations
(64 FR 48104).
1. Do we know enough about the configurations of all the railroad-
highway grade crossings to effectively develop a solution for this
problem if a rule were promulgated addressing storage space? For
example, at railroad-highway grade crossings where tracks cross each
other at right angles, is it possible to determine whether storage
space considerations can be accommodated safely? Would there be a
potential problem with traffic control devices?
2. What are the penalties? Answer: Disqualification of the driver
for certain periods, and up to $10,000 civil penalty for employers who
knowingly allow, require, permit, or authorize a driver to operate a
CMV in violation of a Federal, State, or local law or regulation
pertaining to railroad-highway grade crossings.
FRA Initiatives To Reduce Grade Crossing Crashes
Infrastructure Changes To Improve Grade Crossing Safety
Other Topics (Time Available for Interested Parties To Give
Presentations)
Meeting Information
The meeting will be held on Tuesday, November 9, 1999, in Room
2230, Nassif Building, 400 Seventh Street, SW., Washington, DC. Since
access to the DOT building is controlled, all visitors must sign in
with the security office located at the entrance of the lobby and wear
a visitor's badge at all times while in the building.
Individuals who wish to make a formal presentation should contact
Mr.
[[Page 58374]]
David M. Lehrman at (202) 366-0994 no later than November 4, 1999, to
ensure that sufficient time is allotted for the presentation and to
identify any audio-visual equipment needed for the presentation.
Authority: 49 U.S.C. 31136, 31502; and 49 CFR 1.73.
Julie Cirillo,
Acting Director, Office of Motor Carrier Safety.
[FR Doc. 99-28233 Filed 10-28-99; 8:45 am]
BILLING CODE 4910-22-P
