[Federal Register Volume 72, Number 3 (Friday, January 5, 2007)]
[Notices]
[Pages 608-609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22606]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2005-23281, Notice No. 3]


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, the 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. On September 22, 2006, 
the FRA published a second notice, which announced that FRA had 
scheduled subsequent meetings, to be held on September 27, 2006, in 
Raleigh, North

[[Page 609]]

Carolina; October 26, 2006, in San Francisco, California; and December 
6, 2006, in New Orleans, Louisiana. This Notice No. 3 announces that 
the FRA has scheduled an additional meeting, to be held on February 15, 
2007, in Syracuse, New York.
    At the 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 not be limited to, current practices concerning 
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 public meeting will be held in Syracuse, New York on 
February 15, 2007, at the Doubletree Hotel, 6301 State Route 298, 
Syracuse, New York, 13057, 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 Ms. Silva. Additional public meetings will 
be announced as they are scheduled.

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 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:
    [shabox3] At-grade highway-rail crossings present inherent risks to 
users, including the railroad and its employees, and to other persons 
in the vicinity should a train 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 creation or continuation of a private crossing is justified?
    [shabox3] 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?
    [shabox3] How should improvement and/or maintenance costs 
associated with private crossing be allocated?
    [shabox3] Is there a need for alternative dispute resolution 
mechanisms to handle disputes that may arise between private crossing 
owners and the railroads?
    [shabox3] Should the State or Federal government assume greater 
responsibility for safety at private crossings?
    [shabox3] Should there be Nationwide standards for warning devices 
at private crossings, or for intersection design of new private grade 
crossings?
    [shabox3] How do we determine when a private crossing has a 
``public purpose'' and is subject to public use?
    [shabox3] Should some crossings be categorized as ``commercial 
crossings'', rather than as ``private crossings''?
    [shabox3] 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?
    [shabox3] Should the Department of Transportation request enactment 
of legislation to address private crossings? If so, what should it 
include?

    Issued in Washington, DC, on December 29, 2006.
Jo Strang,
Associate Administrator for Safety.
 [FR Doc. E6-22606 Filed 1-4-07; 8:45 am]
BILLING CODE 4910-06-P