[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
------------------------------------------------------------------------
                                                          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