[Federal Register Volume 72, Number 54 (Wednesday, March 21, 2007)]
[Notices]
[Pages 13343-13344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5143]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2005-23281, Notice No. 4]


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. To date, FRA has 
conducted four meetings and on January 5, 2007, FRA published a notice 
announcing the scheduling of an additional meeting to be held February 
15, 2007, in Syracuse, New York. Due to inclement weather, it was 
necessary to reschedule the February 15 meeting for April 26, 2007.
    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,

[[Page 13344]]

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 fifth public meeting will be held in Syracuse, New York on 
April 26, 2007, at the Renaissance Syracuse Hotel, 701 East Genesee 
Street, Syracuse, New York 13210, beginning at 9:30 a.m.
    Persons wishing to participate are requested to provide their 
names, organizational affiliation and contact information to Michelle 
Silva, FRA Docket Clerk, 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 at the above-referenced telephone number.

FOR FURTHER INFORMATION CONTACT: Ron Ries, FRA Office of Safety, 1120 
Vermont Avenue, NW., Washington, DC 20590 (telephone: 202-493-6299); 
Miriam Kloeppel, FRA Office of Safety, 1120 Vermont Avenue, NW., 
Washington, DC 20590 (telephone: 202-493-6299); or Kathryn Shelton, FRA 
Office of Chief Counsel, 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 (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 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 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 crossings 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 designs 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 as ``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 Department of Transportation request the 
enactment of legislation to address private crossings? If so, what 
should it include?

    Issued in Washington, DC, on March 15, 2007.
Jo Strang,
Associate Administrator for Safety.
 [FR Doc. E7-5143 Filed 3-20-07; 8:45 am]
BILLING CODE 4910-06-P