[Federal Register Volume 69, Number 154 (Wednesday, August 11, 2004)]
[Notices]
[Pages 48904-48905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18295]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Notice of Safety Advisory 2004-03

AGENCY: Federal Railroad Administration (FRA), DOT.

ACTION: Notice of safety advisory.

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SUMMARY: FRA is issuing Safety Advisory 2004-3 addressing the 
importance of restoring failed or malfunctioning highway-rail grade 
crossing warning systems to proper operation ``without undue delay.'' 
This safety advisory supplements Safety Advisory 2002-01 issued on 
January 16, 2002, which addressed the importance of clear, precise, 
unambiguous railroad safety procedures to ensure the safety of highway-
rail grade crossing warning systems or wayside signal systems that are 
temporarily removed from service.

FOR FURTHER INFORMATION CONTACT: Mark Jones, Signal and Train Control 
Division, Office of Safety Assurance and Compliance, FRA, 1120 Vermont 
Avenue, NW., Washington, DC, 20590 (telephone 202-493-6232), e-mail 
[email protected], or Kathy Shelton, Office of Chief Counsel, FRA, 
1120 Vermont Avenue, NW., Washington, DC 20590 (telephone 202-493-
6063), e-mail [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    Highway-rail grade crossing active warning systems serve a critical 
role in providing for the safety of highway users at highway-rail grade 
crossings. Highway users rely on the proper functioning and integrity 
of these systems to provide accurate and credible warning of the 
approach of a train. The failure or malfunction of even one of these 
systems has the potential for catastrophic consequences, including 
injury or death.
    In the interest of public safety, FRA regulations at 49 CFR Part 
234 (``Grade Crossing Signal System Safety'') provide minimum standards 
for the maintenance, inspection, and testing of highway-rail grade 
crossing warning systems. Today's highway-rail grade crossing warning 
systems have proven to be extremely reliable. Despite this

[[Page 48905]]

high degree of reliability, there are instances when these systems may 
fail or malfunction. Therefore, FRA regulations also contain provisions 
governing the actions that railroads are required to take in response 
to credible reports of highway-rail grade crossing warning system 
malfunction.
    This safety advisory specifically addresses the requirements of 49 
CFR 234.207(a), which states that ``when 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.'' While 
there is no specific time limit associated with this requirement, FRA 
expects that railroads will make every effort to restore the system to 
proper operation in as timely a manner as possible.
    FRA recognizes that there may be circumstances in which a 
malfunctioning warning system cannot be repaired immediately. However, 
when issuing 49 CFR Part 234, FRA intended to ensure that remedial 
action would begin as soon as possible. As explained in the preamble 
discussion of 49 CFR 234.207,

    [i]t is of paramount importance that remedial action begin as 
soon as possible after a credible report of a malfunction is 
received by a railroad. In general, adjustment, repair, or 
replacement without undue delay will require that remedial action be 
taken in as timely a manner as possible. Successful, practical 
application of these general principles may be the objective of this 
regulatory proceeding that is most crucial to the safety of the 
motoring public; and the safety of employees and rail operations is 
also implicated. Because of the great variety of factors involved 
with malfunctioning warning systems, including the location of the 
crossing, frequency of train movements, type of corrective action 
needed, availability of personnel, and other competing emergency 
situations we are unwilling at this time to establish specific time 
limits for actions.

59 Fed. Reg. 50086, 50096 (1994).

    Although FRA did not establish specific time limits for warning 
system repair or replacement, the rule prohibits any delay that is 
undue (i.e., unjustifiable or excessive). While 49 CFR 234.207(b) 
provides alternative methods for warning highway users until the 
malfunctioning warning system is repaired, it is not intended to 
provide a permanent alternative to the warning provided by a fully 
functioning active warning system. The only situation in which an 
active warning system may remain permanently out of service is 
addressed by 49 CFR 234.103(c), which states that ``repair of a warning 
system [is not required], if, acting in accordance with applicable 
State law, the railroad proceeds to discontinue or dismantle the 
warning system. However, until repair, correction, discontinuance, or 
dismantling of the warning system is completed, the railroad shall 
comply with this subpart to ensure the safety of the traveling public 
and railroad employees.''
    Notwithstanding situations in which a railroad has proceeded to 
discontinue or dismantle a malfunctioning active warning system in 
accordance with applicable State law, FRA expects that railroads will 
make every effort to return a malfunctioning active warning system to 
proper operation in as timely a manner as possible. FRA will take firm 
enforcement action, which could include civil penalties against the 
companies and/or individuals responsible, in those situations in which 
a warning system is not in service for an extended period of time due 
to the failure of a railroad to make necessary repairs to the system.

Recommendation

    In recognition of the need to assure safety, FRA strongly 
recommends the following:
    (1) Each railroad with maintenance responsibility for one or more 
highway-rail grade crossing active warning systems should conduct 
system wide surveys for the purpose of locating and repairing any 
active warning systems that are malfunctioning and/or temporarily 
removed from service.
    (2) Each railroad with maintenance responsibility for one or more 
highway-rail grade crossing active warning systems should have specific 
policies or procedures in place requiring the restoration of highway-
rail grade crossing active warning systems to proper operation in a 
timely manner.

    Issued in Washington, DC on August 5, 2004.
Grady C. Cothen Jr.
Acting Associate Administrator for Safety.
[FR Doc. 04-18295 Filed 8-10-04; 8:45 am]
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