John M. Kalinowski - Comments

I do not think it would make sense to require multiple railroads that use the same grade crossing to establish emergency notification systems. Under the proposed rulemaking, the railroad that is notified has the option of directing the railroad with maintenance responsibilities to investigate the potentially dangerous condition. Accordingly, when multiple railroads use the same grade crossing, it would make sense to mandate the railroad with maintenance duties to establish an emergency notification system. Pursuant to the proposed rulemaking, the railroad with maintenance responsibilities may already have to investigate the potentially dangerous condition anyway. A railroad with maintenance responsibilities would likely already have personnel and equipment nearby that would enable them to respond to public notice effectively. In addition, if multiple railroads responded to the same public notice, then it would needlessly deplete their resources. Multiple railroads would struggle with the administrative burden of coordinating their efforts. In the interest of equity, railroads that use the grade crossing that do not have to establish an emergency notification system should have to pay a fee to the railroad with maintenance responsibilities. Railroads with maintenance responsibilities could make their emergency notification systems better with the funds that they receive from the fee. When multiple railroads use the same grade crossing, it would be unjust to make the railroad with maintenance duties to bear the burden of establishing an emergency notification system on its own.