[Federal Register Volume 71, Number 184 (Friday, September 22, 2006)]
[Notices]
[Pages 55543-55544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7811]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2005-23281, Notice No. 2]


Safety of Private Highway-Rail Grade Crossings; Notice of Safety 
Inquiry

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Notice of safety inquiry.

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SUMMARY: On July 27, 2006, FRA published a notice announcing its intent 
to conduct a series of open meetings throughout the United States, in 
cooperation with appropriate State agencies, to consider issues related 
to the safety of private highway-rail grade crossings. This notice 
indicated that the first of these meetings would be held August 30, 
2006, in Fort Snelling, Minnesota. Notice No. 2 announces that FRA has 
scheduled subsequent meetings to be held September 27, 2006, in 
Raleigh, North Carolina; October 26, 2006, in San Francisco, 
California; and December 6, 2006, in New Orleans, Louisiana.
    At each open meeting, FRA intends to solicit oral statements from 
private crossing owners, railroads and other interested parties on 
issues related to the safety of private highway-rail grade crossings, 
which will include, but will not be limited to, current practices 
concerning the responsibility for safety at private grade crossings, 
the adequacy of warning devices at private crossings, and the relative 
merits of a more uniform approach to improving safety at private 
crossings. FRA has also opened a public docket on these issues so that 
interested parties may submit written comments for public review and 
consideration.

DATES: The initial public meeting was held in Fort Snelling, Minnesota, 
on August 30, 2006, at the Bishop Henry Whipple Federal Building, One 
Federal Drive, Fort Snelling, Minnesota 55111, beginning at 9:30 a.m. 
The second public meeting will be held in Raleigh,North Carolina, on 
September 27, 2006, at North Carolina State University's McKimmon 
Conference and Training Center, 1101 Gorman Street, North

[[Page 55544]]

Carolina State University, Raleigh, North Carolina 27695, beginning at 
9:30 a.m. The third public meeting will be held in San Francisco, 
California, on October 26, 2006, at the Philip Burton Federal Building 
and Courthouse, 450 Golden Gate Avenue, San Francisco, California 
94102, beginning at 9:30 a.m. The fourth public meeting will be held in 
New Orleans, Louisiana, on December 6, 2006, at the Chateau Sonesta 
Hotel, 800 Iberville Street, New Orleans, Louisiana 70112, beginning at 
9:30 a.m.
    Persons wishing to participate are requested to provide their 
names, organizational affiliation, and contact information to Michelle 
Silva, Docket Clerk, FRA, 1120 Vermont Avenue, NW., Washington, DC 
20590 (telephone 202-493-6030). Persons needing sign language 
interpretation or other reasonable accommodation for disability are 
also encouraged to contact Michelle Silva, FRA Docket Clerk, at (202) 
493-6030. Additional public meetings will be announced over the next 
three months.

FOR FURTHER INFORMATION CONTACT: Ron Ries, Office of Safety, FRA, 1120 
Vermont Avenue, NW., Washington, DC 20590 (telephone 202-493-6299); 
Miriam Kloeppel, Office of Safety, FRA, 1120 Vermont Avenue, NW., 
Washington, DC 20590 (telephone 202-493-6299); or Kathryn Shelton, 
Office of Chief Counsel, FRA, 1120 Vermont Avenue, NW., Washington, DC 
20590 (telephone 202-493-6038).

SUPPLEMENTARY INFORMATION: For additional information, please see the 
initial notice, published July 27, 2006, in the Federal Register 
(citation: 71 FR 42713) and available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-6501.pdf.

Request for Comments

    While FRA solicits discussion and comments on all areas of safety 
at private highway-rail grade crossings, we particularly encourage 
comments on the following topics:
     At-grade highway-rail crossings present inherent risks to 
users, including the railroad and its employees, and to other persons 
in the vicinity if a train were to derail into an occupied area or 
release hazardous materials. When passenger trains are involved, the 
risks are heightened. From the standpoint of public policy, how do we 
determine whether the creation or continuation of a private crossing is 
justified?
     Is the current assignment of responsibility for safety at 
private crossings effective? To what extent do risk-management 
practices associated with insurance arrangements result in 
``regulation'' of safety at private crossings?
     How should improvement and/or maintenance costs associated 
with private crossing be allocated?
     Is there a need for alternative dispute resolution 
mechanisms to handle disputes that may arise between private crossing 
owners and the railroads?
     Should the State or Federal government assume greater 
responsibility for safety at private crossings?
     Should there be nationwide standards for warning devices 
at private crossings or for intersection design of new private grade 
crossings?
     How do we determine when a private crossing has a public 
purpose and is subject to public use?
     Should some crossings be categorized as commercial 
crossings rather than private crossings?
     Are there innovative traffic control treatments that could 
improve safety at private crossings on major rail corridors, including 
those on which passenger service is provided?
     Should the DOT request enactment of legislation to address 
private crossings? If so, what should it include?

    Issued in Washington, DC, on September 15, 2006.
Michael J. Logue,
Deputy Associate Administrator for Safety.
[FR Doc. 06-7811 Filed 9-21-06; 8:45 am]
BILLING CODE 4910-06-P