[Federal Register Volume 63, Number 146 (Thursday, July 30, 1998)]
[Proposed Rules]
[Pages 40691-40694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20209]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
49 CFR Part 392
[FHWA Docket No. FHWA-98-4202]
RIN 2125-AD75
Railroad Grade Crossing Safety
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice of proposed rulemaking (NPRM); request for comments.
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SUMMARY: The Hazardous Materials Transportation Authorization Act of
1994 requires the amendment of the Federal Motor Carrier Safety
Regulations (FMCSRs) to prohibit operators of commercial motor vehicles
(CMVs) from driving onto a railroad grade crossing unless there is
sufficient space to drive completely through the crossing without
stopping. The FHWA, therefore, proposes to make this amendment which is
intended to reduce the incidence of collisions between trains and CMVs.
Comments and information are requested about railroad grade crossings
that lack sufficient clearance for some CMVs to be driven completely
through the crossing before being required to stop by a stop sign,
highway traffic signal, or similar traffic control device. The FHWA
intends to have a public meeting in Washington, D.C. during the comment
period to discuss this subject matter.
DATES: Data and information concerning railroad-highway crossings from
State agencies must be received no later than September 28, 1998.
Comments from motor carriers and other interested parties must be
received no later than November 27, 1998.
ADDRESSES: All signed, written comments should refer to the docket
number that appears at the top of this document and must be submitted
to Docket Clerk, U.S. DOT Dockets, Room PL-401, Federal Highway
Administration, 400 Seventh Street, SW., Washington, DC 20590. All
comments received will be available for examination at the above
address from 8:30 a.m. to 3:30 p.m., e.t., Monday through Friday,
except Federal holidays. Those desiring notification of receipt of
comments must include a self-addressed, stamped postcard/envelope.
FOR FURTHER INFORMATION CONTACT: Mr. David M. Lehrman, Office of Motor
Carrier Research and Standards, (202) 366-0994, or Mr. Charles E.
Medalen, Office of the Chief Counsel, (202) 366-1354, Federal Highway
Administration, Department of Transportation, 400 Seventh Street, SW.,
Washington, DC 20590. Office hours are from 7:45 a.m. to 4:15 p.m.,
e.t., Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
Internet users can access all comments received by the U.S. DOT
Dockets, Room PL-401, by using the universal resource locator (URL):
http://dms.dot.gov. It is available 24 hours each day, 365 days each
year. Please follow the instructions online for more information and
help.
An electronic copy of this document may be downloaded using a modem
and
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suitable communications software from the Government Printing Office's
Electronic Bulletin Board Service at (202) 512-1661. Internet users may
reach the Federal Register's home page at: http://www.nara.gov/fedreg
and the Government Printing Office's database at: http://
www.access.gpo.gov/nara.
Background
The purpose of driving rules concerning railroad grade crossings is
to prevent the disastrous consequences which result when trains collide
with commercial motor vehicles. These consequences are particularly
horrendous when the commercial motor vehicle is transporting passengers
or hazardous materials. On August 26, 1994, the President signed the
Hazardous Materials Transportation Authorization Act of 1994 (Pub. L.
103-311, 108 Stat. 1673)(the Act). Section 112 of the Act requires the
Secretary of Transportation to amend the FMCSRs to prohibit the driver
of any CMV from driving the motor vehicle onto a highway-railroad grade
crossing without having sufficient space to drive completely through
the crossing without stopping.'' In response to the Act, the FHWA
proposes to amend Sec. 392.12 of the FMCSRs to implement this statutory
prohibition.
Some railroad grade crossings, however, lack sufficient clearance
for some CMVs to drive completely through before stopping for a stop
sign or other traffic control device. For example, a railroad grade
crossing with 12.2 meters (40 feet) between the tracks and a stop sign
could not accommodate a tractor-trailer combination which is 18.3
meters (60 feet) long. The FHWA requests that State agencies submit
data on the number and locations of such railroad grade crossings
within their respective States. In doing so, State agencies should
identify the railroad grade crossings where CMVs with the longest legal
length under applicable State law could not comply with the proposed
rule. The FHWA especially wants to determine whether any such crossings
are present on the National Network (NN) where the operation of CMV
combinations with two 8.5-meter (28-foot) trailers, or even longer
combinations, is permitted. Information about reasonable access routes
used by these vehicles in traveling to or from the NN would also be
useful. States that allow longer combination vehicles affected by the
freeze imposed by the Intermodal Surface Transportation Efficiency Act
of 1991 should make particular efforts to determine the effect of this
proposed rule on those vehicles, which are prohibited from using routes
not in actual, lawful use under State law or regulation on or before
June 1, 1991.
The rule, if promulgated, could impact the allowable routing of
CMVs. Motor carriers and drivers would have to consider all railroad
grade crossings which would be encountered during a trip. If the CMV
driver could not use a railroad grade crossing without violating
Sec. 392.12, an alternative routing which avoids that crossing would
have to be selected. The scenario would be similar where there is
little clearance between a railroad grade crossing and a highway
traffic signal. Upon approaching such a crossing, a CMV driver could
stop short of the tracks and wait until the signal permitted the
movement of traffic before attempting to drive through the crossing.
Signal timing might have to be adjusted to allow enough time for the
CMV to move completely through the crossing, given the time necessary
to accelerate from a complete stop and/or the delay caused by the queue
of other motor vehicles. The proposed rule would also prohibit the
driving of a CMV onto a railroad grade crossing when stopped motor
vehicle(s) prevent the driving of the CMV completely through the
crossing without stopping. Similarly, changes in the location of
traffic signs could alleviate the problems of insufficient clearance.
The FHWA believes that at least some motor carriers are aware of
the approximate frequency with which their drivers encounter a railroad
grade crossing with a nearby stop sign or other traffic control device
that prevents driving completely through the crossing without stopping,
or that they could obtain this information without substantial effort.
The FHWA requests these motor carriers to assess the impact of the
proposed rule upon their operations and advise the agency of this
assessment. In addition, the FHWA will consider any recommendation to
implement the statutory prohibition that would minimize the
difficulties and burdens upon the operations of motor carriers while
reducing the likelihood of collisions between trains and CMVs. Physical
infrastructure improvements may provide an alternative in some
situations. During the public input process to the Secretary's Task
Force on Grade Crossing Safety and in deliberations of the Task Force's
Technical Work Group, a number of infrastructure improvements were
presented. The proposed improvements included physical relocation of
the roadway or railroad, construction of escape or merge lanes,
replacement of signs with traffic signals, adjusting signal timing, and
interconnecting signals. State and local agencies are requested to
comment on the benefits, feasibility and impact of the infrastructure
alternatives.
As explained more fully below, the Department of Transportation has
worked with States to help improve safety at railroad-highway
crossings. One recommendation of the Secretary's Grade Crossing Safety
Task Force was that ``State and local highway authorities should
initiate engineering studies to determine if safety improvements are
warranted at grade crossings near highway-highway intersections where
there is no interconnection and where there is limited storage
distance. Emphasis should be given to locations with STOP sign control
at the highway-highway intersection, where storage space is less than
required to accommodate the longest legal vehicle permitted to use the
highway, and where accident potential is greater due to high volumes of
highway and/or rail traffic.'' In response to this recommendation,
States have begun to develop databases that, among other things,
indicate where crossings with storage distance problems may exist.
The FHWA requests that State agencies submit data and information
concerning railroad-highway crossings within their jurisdiction by
September 28, 1998. The FHWA also intends, as part of this rulemaking,
to contact its State partners to obtain the latest information
available. The FHWA will place the information obtained from the States
in the docket. Motor carriers and others interested in this rulemaking
are asked to check the information placed in the docket and, by
November 27, 1998, to advise the FHWA of the impact they believe the
proposal contained in this NPRM will have on motor carrier operations
and highway and rail safety generally.
The FHWA believes that as a result of the work done by States in
this area over the past several years, much information is available
regarding the number and location of railroad-highway crossings that
present storage problems, especially for longer commercial motor
vehicles. However, if such information is not available or is submitted
late to the docket, or if the information reveals an unexpectedly large
number of railroad-highway crossings presenting storage problems, the
FHWA may extend the period for comment to this docket to enable
interested parties to comment to the docket and to provide the FHWA
with the information and time necessary to effectively and reasonably
implement section 112.
FHWA and the Federal Railroad Administration request comments on
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the advisability of making provision for retaining such information
within the U.S. DOT/AAR National Highway-Rail Crossing Inventory thus
allowing State DOTs the option of keeping such data current and
accessible.
In order to fully understand the context in which this NPRM arose,
it is necessary to review Department of Transportation efforts to
address the issue of railroad grade crossing safety.
DOT Initiatives on Grade Crossing Safety
Shortly after the collision of a commuter train with a school bus
in Fox River Grove, Illinois which resulted in seven deaths on October
25, 1995, the Secretary of Transportation established the U.S. DOT
Grade Crossing Safety Task Force to look into grade crossing safety.
The Task Force was composed of representatives from four modal
administrations within the Department: the Federal Highway
Administration (FHWA), the Federal Railroad Administration (FRA), the
Federal Transit Administration (FTA), the National Highway Traffic
Safety Administration (NHTSA), and staff from the Office of
Intermodalism. The Task Force was responsible for building upon the
Department's 1994 Rail-Highway Crossing Safety Action Plan. The Task
Force proceeded to rigorously review the decision making process for
designing, constructing, maintaining, and operating railroad-highway
grade crossings.
The Task Force solicited information from knowledgeable people in
both public and private sectors who had expertise in areas relevant to
the inquiry. The National Transportation Safety Board (NTSB), which
investigated the Fox River Grove collision, also provided a resource
person to assist the Task Force.
On March 1, 1996, the Task Force delivered a report to the
Secretary entitled ``Accidents That Shouldn't Happen.'' The report
focused on 24 long-term and short-term recommendations broken down into
the following problem areas:
a. Interconnected Signals and Storage
b. High Profile Crossings
c. Light-Rail Crossing Issues
d. Special Vehicle Operations and Information
e. Available Storage Space for Motor Vehicles Between Highway-Rail
Crossings and Adjacent Highway-Highway Intersections (Storage Space)
The report concluded that ``improved highway-rail grade crossing
safety depends upon better cooperation, communication, and education
among responsible parties if accidents and fatalities are to be reduced
significantly.'' The Task Force proposed to reconvene one year later to
evaluate progress in implementation of the recommendations. The report
also made a long-term recommendation that the FHWA and the FRA convene
a technical working group (TWG), to evaluate current standards and a
variety of technical issues. A TWG was immediately formed consisting of
government agencies, industry groups, highway and rail associations,
safety advocacy groups, and law enforcement associations. The TWG
proceeded to evaluate current standards and guidelines regarding a
variety of grade crossing technical issues.
The TWG met three times during 1996-1997. It presented 35
recommendations to the Task Force, including the following suggestions
for the FHWA on standards/guidelines for vehicle storage and other
grade crossing safety issues: the identification of focal points to
coordinate railroad safety issues in each State; the initiation of
regional State/railroad conferences; and the creation of an advance
warning sign for motorists approaching high-profile crossings.
Recommendations regarding the issue of interconnected signals and
storage were implemented in guidance issued by FHWA Executive Director,
Anthony R. Kane, to all field offices. Mr. Kane urged that FHWA field
staff visit their State and local counterparts to ensure that the
recommendations were implemented.
As a result, all States with operating railroads informally
designated a central focal point for railroad crossing safety issues
and provided the name of the contact to the FHWA and/or the FRA.
The Implementation Report of the U.S. DOT Grade Crossing Safety
Task Force was submitted to Secretary Slater on June 1, 1997. It
documents the close coordination achieved through the cooperative
efforts of four operating administrations on the Grade Crossing Safety
Task Force (FHWA, FRA, FTA, and NHTSA).
The Department has printed this report as a formal U.S. DOT
publication. The FHWA, FRA, and Office of Intermodalism have
distributed copies to U.S. DOT headquarters and field offices, State
DOTs, State emergency service providers, rail safety organizations
(e.g., Operation Lifesaver), and industry associations (e.g.,
Association of American Railroads).
The Department has distributed this report to all the groups and
individuals that participated in the Technical Working Group. The
Department urges those agencies, organizations, and other professional
societies to take steps to formally endorse this report and implement
its recommendations.
The nexus between the actions cited above and the current
rulemaking lies in the common goal of reducing the incidence of
collisions between trains and commercial motor vehicles. The Department
is committed to using the best available resources to targeting safety
hazards at railroad crossings throughout the United States. For that
reason, this rule proposes that operators of commercial motor vehicles
be prohibited from driving onto a railroad grade crossing unless there
is sufficient space to drive completely through the crossing without
stopping.
Rulemaking Analyses and Notices
All comments received before the close of business on the comment
closing date indicated above will be considered and will be available
for examination in the docket room at the above address. Comments
received after the comment closing date will be filed in the docket and
will be considered to the extent practicable, but the FHWA may issue a
final rule at any time after the close of the comment period. In
addition to late comments, the FHWA will also continue to file in the
docket relevant information that becomes available after the comment
closing date, and interested persons should continue to examine the
docket for new material.
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
The FHWA has analyzed this proposed rule for the purposes of
Executive Order 12866 and the Department of Transportation regulatory
policies and procedures, and believes that it is a significant
regulatory action because of the anticipated substantial public and
congressional interest in this action.
The FHWA anticipates that the rule could have an economic impact
because it could trigger infrastructure changes to right-of-way or
traffic devices or require some motor carriers to develop alternative
routing, or operate shorter CMVs to avoid railroad grade crossings
where the placement of a stop sign or highway traffic signal would
prevent a driver from being able to drive completely through the
crossing without stopping. The last alternative would increase the
number of CMVs and drivers needed to make the same deliveries because
truckload shipments would be split among two or more CMVs. The FHWA
will attempt to better
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quantify the extent of the economic impact of this proposed rule on the
motor carrier industry through the analysis of data requested from
State agencies on the number of such railroad grade crossings. Comments
on the anticipated costs of complying with this proposed rule,
especially any specific data available to States, local communities, or
motor carriers, would be helpful. Such costs may include possible
infrastructure changes; additional fuel cost attributable to re-
routing, the cost of purchasing or leasing shorter CMVs, and the cost
of hiring and employing additional drivers. In addition, the FHWA
requests comments from motor carriers about whether the rule would make
some of their deliveries impossible or cost prohibitive.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), the FHWA has evaluated the effects of this proposed rule upon
small entities. Any motor carrier, regardless of its size, is subject
to the same driving rules which protect the safety of the motoring
public. Because some motor carriers, including small motor carriers,
may have to develop alternative routing as a result of this proposed
rule, it may have an economic impact on small business entities. The
proposed rule may have less of an economic impact upon small motor
carriers, as a group, than large motor carriers because small motor
carriers, as a group, tend to operate with a lower proportion of long
or articulated CMVs than large motor carriers. Small motor carriers,
therefore, would be required less often to develop alternative routing.
On the other hand, the FHWA is concerned that some small motor carriers
may have limited resources with which to make modifications to their
operations to comply with this proposed rule.
However, because of a lack of data the FHWA is presently unable to
estimate how many crossings exist where a CMV driver would be unable to
drive completely through the railroad grade crossing because the
positioning of the stop sign or other traffic control device causes the
driver to stop on the tracks. If the FHWA is able to obtain better
data, the FHWA will further evaluate the degree to which infrastructure
changes might have to be made and/or whether small motor carriers might
have to develop alternative routing for their CMVs and the extent of
the resulting economic impact.
Executive Order 12612 (Federalism Assessment)
This proposed rule has been analyzed in accordance with the
principles and criteria contained in Executive Order 12612, and it has
been determined that this action does not have sufficient federalism
implications to warrant the preparation of a federalism assessment. The
rule is not intended to preempt any State law or State regulation. If
this rule is adopted as proposed, motor carriers would continue to be
subject to State and local traffic laws. In addition, the rule would
impose no additional cost or burden upon any State. The rule would not
have a significant effect upon the ability of the States to discharge
traditional State governmental functions.
Executive Order 12372 (Intergovernmental Review)
Catalog of Federal Domestic Assistance Program Number 20.217, Motor
Carrier Safety. The regulations implementing Executive Order 12372
regarding intergovernmental consultation on Federal programs and
activities do not apply to this program.
Paperwork Reduction Act
This action does not contain a collection of information
requirement for purposes of the Paperwork Reduction Act of 1995, 44
U.S.C. 3501-3520.
National Environmental Policy Act
The agency has analyzed this action for the purpose of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4347) and has
determined that this action would not have any effect on the quality of
the environment. An environmental impact statement is, therefore, not
required.
Regulation Identification Number
A regulation identification number (RIN) is assigned to each
regulatory action listed in the Unified Agenda of Federal Regulations.
The Regulatory Information Service Center publishes the Unified Agenda
in April and October of each year. The RIN contained in the heading of
this document can be used to cross reference this action with the
Unified Agenda.
List of Subjects in 49 CFR Part 392
Highway safety, Motor carriers.
Issued on: July 20, 1998.
Kenneth R. Wykle,
Federal Highway Administrator.
In consideration of the foregoing, the FHWA proposes to amend title
49, Code of Federal Regulations, chapter III, part 392 as set forth
below:
PART 392--[AMENDED]
1. The authority citation for part 392 is revised to read as
follows:
Authority: 49 U.S.C. 31136 and 31502; sec. 112, Pub. L. 103-311,
108 Stat. 1673, 1676; and 49 CFR 1.48.
2. Section 392.12 is added to read as follows:
Sec. 392.12 Railroad grade crossing; sufficient space.
A driver of a commercial motor vehicle shall not drive onto a
railroad grade crossing without having sufficient space to drive
completely through the crossing without stopping.
[FR Doc. 98-20209 Filed 7-29-98; 8:45 am]
BILLING CODE 4910-22-P
