81_FR_14568 81 FR 14516 - Movement of Roadway Maintenance Machines Over Highway-Rail Grade Crossings

81 FR 14516 - Movement of Roadway Maintenance Machines Over Highway-Rail Grade Crossings

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 81, Issue 52 (March 17, 2016)

Page Range14516-14518
FR Document2016-05996

FRA recently completed its investigation into a fatal accident that occurred when an on-track roadway maintenance machine traveling on main track collided with a motor vehicle at a highway-rail grade crossing. FRA is issuing this Safety Advisory 2016-01 to heighten rules compliance and situational awareness of railroads, railroad contractors, and their respective employees when operating roadway maintenance machines over highway-rail grade crossings. This Safety Advisory makes recommendations to railroads and railroad contractors regarding the need to review, update, and follow rules and procedures governing the safe movement of roadway maintenance equipment over highway-rail grade crossings.

Federal Register, Volume 81 Issue 52 (Thursday, March 17, 2016)
[Federal Register Volume 81, Number 52 (Thursday, March 17, 2016)]
[Notices]
[Pages 14516-14518]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05996]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Safety Advisory No. 2016-01]


Movement of Roadway Maintenance Machines Over Highway-Rail Grade 
Crossings

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

ACTION: Notice of Safety Advisory.

-----------------------------------------------------------------------

SUMMARY: FRA recently completed its investigation into a fatal accident 
that occurred when an on-track roadway maintenance machine traveling on 
main track collided with a motor vehicle at a highway-rail grade 
crossing. FRA is issuing this Safety Advisory 2016-01 to heighten rules 
compliance and situational awareness of railroads, railroad 
contractors, and their respective employees when operating roadway 
maintenance machines over highway-rail grade crossings. This Safety 
Advisory makes recommendations to railroads and railroad contractors 
regarding the need to review, update, and follow rules and procedures 
governing the safe movement of roadway maintenance equipment over 
highway-rail grade crossings.

FOR FURTHER INFORMATION CONTACT: Patrick T. Warren, Deputy Associate 
Administrator for Safety Compliance and Program Implementation, Office 
of Railroad Safety, FRA, 1200 New Jersey Avenue SE., Mail Stop 25, 
Washington, DC 20590, (202) 493-1366; or Joseph Riley, Track 
Specialist, Track Division, Office of Railroad Safety, FRA, 1200 New 
Jersey Avenue SE., Mail Stop 25, Washington, DC 20590, (202) 493-6357.

SUPPLEMENTARY INFORMATION: In January 2015, a fatal accident occurred 
when an on-track roadway maintenance machine, traveling as part of a 
large roadway work group (rail gang) over main track, collided with a 
private motor vehicle at a public highway-rail grade crossing in 
Gilroy, California (Gilroy). The driver of the motor vehicle died as a 
result of the collision.
    While investigating this 2015 accident, FRA reviewed its accident 
data regarding other collisions at highway-rail grade crossings 
involving railroad maintenance-of-way equipment. FRA's review found 
that between January 2010 and November 2015, 187 accidents involving 
maintenance-of-way equipment and motor vehicles occurred at highway-
rail grade crossings. The 187 accidents resulted in 2 fatalities to 
highway vehicle motorists, 62 injuries to motor vehicle occupants, and 
6 injuries to railroad employees.
    The January 2015 accident referenced here and FRA's review of 
accident data described above illustrate the safety risk to railroad 
and railroad contractor employees and the public when roadway 
maintenance machines travel over highway-rail grade crossings. This 
risk is heightened when roadway maintenance machines, including hi-rail 
vehicles, fail to activate grade crossing warning devices. To reduce 
this safety risk, FRA recommends that the railroad industry evaluate 
relevant railroad rules and emphasize compliance with those rules and 
any other procedures governing the safe movement of on-track equipment 
over highway-rail grade crossings.

Accident Summary

    The accident description provided below is based on FRA's 
investigation of the January 2015 accident and serves to illustrate the 
risks associated with moving railroad roadway maintenance machines over 
highway-rail grade crossings. On January 9, 2015, near Gilroy, a Union 
Pacific Railroad Company (UP) system rail gang was in the process of 
changing job locations from a siding track to an industrial lead track 
approximately 12 miles away. The rail gang consisted of 62 pieces of 
roadway maintenance machinery moving over UP main track to a new job 
location under the authority of a train dispatcher. At approximately 
1:05 p.m., a spiker/gager roadway maintenance machine (40th machine in 
the consist) was traveling approximately 12 miles per hour over the 
Masten Avenue highway-rail grade crossing in Gilroy and collided with a 
motor vehicle (pickup truck) as it proceeded westbound over the 
crossing. The driver was the sole occupant of the pickup truck and 
received fatal injuries.
    The spiker/gager operator was operating in reverse and was not 
facing the direction of the machine's movement, relying on side mirrors 
to see in the direction of movement. Additionally, a semi-tractor 
trailer had stopped short of the crossing for a traffic light and may 
have blocked the spiker/gager operator's view of westbound vehicular 
traffic approaching the highway-rail grade crossing. Applicable UP 
rules require that ``[t]rack cars and on-track equipment must approach 
all grade crossings prepared to stop and must yield the right-of-way to 
vehicular traffic. If necessary, personnel will be deployed to flag the 
crossing to protect movement of a track car or other on-track 
equipment.'' UP's rules further specify:

    When approaching any grade crossing equipped with automatic 
warning devices and the automatic warning devices are not activated, 
all track cars and on-track equipment must stop short of the 
crossing and not proceed until safe to do so, unless the crossing 
has been closed or barricaded or is protected by properly equipped 
flaggers.

    FRA's investigation indicates that the operator of the spiker/gager 
involved in the collision failed to follow applicable UP rules by not 
stopping short of the crossing and failing to yield the right-of-way to 
vehicle traffic. It appears that the spiker/gager had fallen several 
hundred feet behind the machine it was following and FRA's review of 
the downloaded grade crossing warning device data indicated the 
crossing gates had recovered (lifted) before the spiker/gager arrived 
at the crossing. Unlike trains, roadway maintenance machines do not 
always shunt or maintain shunt in track circuits to trigger activation 
of grade crossing warning device systems and, in most cases, roadway 
maintenance machines are not designed or built to shunt the track 
circuit.

[[Page 14517]]

    FRA's investigation also indicates that before the rail gang 
equipment started its movement, a job briefing was held that identified 
the railroad's safety procedures to follow during the movement. The job 
briefing instructed the machine operators to ``bunch-up'' at grade 
crossings, allowing no more than 50 feet between equipment. The 
bunching-up of equipment is intended to allow the equipment to travel 
over highway-rail grade crossings in a safe and efficient manner, as 
well as to lessen the time the public is stopped at the crossing. The 
job briefing did not include instructions regarding theuse of flaggers 
to protect movements over highway-rail grade crossings.

Rules Compliance, Situational Awareness, and Grade Crossing Protection 
Measures

    Generally, railroad rules govern the movement of roadway 
maintenance machines over highway-rail grade crossings.\1\ Under most 
applicable railroad rules governing movement of on-track equipment over 
highway-rail grade crossings, roadway maintenance machines do not have 
the right-of-way over vehicular traffic. Industry practices typically 
require such equipment to approach every highway-rail grade crossing 
prepared to stop and not proceed until it is seen that the grade 
crossing is clear. For example, under the applicable UP rule in 
question, roadway maintenance machines are required to stop when 
approaching a grade crossing with automatic warning devices when such 
devices are not activated unless the crossing has been closed or 
barricaded or is protected by properly equipped flaggers. When grade 
crossing warning devices are activated, machine operators must still be 
prepared to stop.
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    \1\ FRA's grade crossing safety regulations in 49 CFR part 234 
do not specifically address roadway maintenance machine movements 
over grade crossings. In addition, 49 CFR part 214, subpart C 
establishes protections to prevent roadway workers from being struck 
by rolling equipment, but does not mention, nor is it generally 
intended to address, movement of roadway maintenance machines in 
travel mode over highway-rail grade crossings under the authority of 
a train dispatcher. See 61 FR 65959, 65961 (Dec. 16, 1996). FRA 
conducted a post-accident inspection of the spiker/gager that was 
involved in the collision and found it was in compliance with 
applicable FRA regulations governing roadway maintenance machines at 
49 CFR part 214, subpart D.
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    Most of the 187 accidents described above occurred while on-track 
equipment was traveling over a highway-rail grade crossing and not when 
roadway work groups were performing work at a crossing. FRA's review of 
the data indicates that tampers and regulators were involved in the 
highest number of roadway maintenance machine/highway vehicle 
accidents. Further, when railroads operate roadway maintenance machines 
singly or in pairs, machines may not be readily visible to motorists. 
Railroads and railroad contractors should develop procedures for the 
safe movement of all configurations of roadway work group equipment and 
ensure that operators are trained and qualified to recognize crossing 
characteristics that present greater safety risks.
    As mentioned above, roadway maintenance machines do not reliably 
shunt track circuits and may not always, or continually, activate 
highway-rail grade crossing warning devices. Operators may encounter a 
variety of challenging grade crossing characteristics, including: heavy 
vehicular traffic, long-angled four-lane crossings, right-turn-on-red 
locations, and highway traffic signals interconnected with the highway-
rail grade crossing warning devices. Railroads should review their 
inventory of grade crossings and identify crossings that pose 
significant challenges to roadway maintenance machine operators. 
Railroads should also consider installing lockable wayside warning 
device activation equipment or other appropriate measures for use by 
operators of roadway maintenance machines at heavily trafficked four-
lane crossings or long-angled crossings.
    FRA also recommends that railroads emphasize compliance with rules 
governing the safe movement of roadway maintenance machines over 
highway-rail grade crossings in job safety briefings and employee 
training. Railroads and railroad contractors should monitor employee 
compliance with rules addressing equipment movement over highway-rail 
grade crossings. On certain railroads where rules governing the safe 
movement of machines over crossings are contained in the railroads' 
operating rules, Federal regulation requires that each railroad conduct 
operational tests to ensure its employees comply with the railroad's 
operating rules. See 49 CFR 217.9. As the description of the January 
2015 accident indicates, compliance with railroad rules governing the 
movement of on-track equipment over highway-rail grade crossings is 
safety-critical. FRA recommends that railroads evaluate their current 
procedures for monitoring compliance with rules governing the movement 
of roadway maintenance machines over highway-rail grade crossings and 
determine whether their procedures are sufficient.
    FRA is aware that some railroads have installed shunting devices on 
roadway maintenance machines, such as hi-rail vehicles, that can be 
switched on or off to activate grade crossing warning devices as a 
roadway maintenance machine approaches a crossing.\2\ FRA strongly 
recommends that railroads utilizing such devices stress to operators 
that such shunts are not fail-safe and may lose shunt without warning. 
Railroads should emphasize that roadway maintenance machine shunting 
devices should be utilized only as a supplement to compliance with 
railroad rules that govern the movement of roadway maintenance machines 
over highway-rail grade crossings. Operators of roadway maintenance 
machines should approach every crossing prepared to stop and yield the 
right-of-way to vehicular traffic unless the crossing has been closed 
or barricaded or is protected by properly equipped flaggers.
---------------------------------------------------------------------------

    \2\ Typically, railroads instruct machine operators to approach 
each crossing prepared to stop and not proceed into the crossing 
until the grade crossing is seen to be clear because a loss of shunt 
can occur in these situations.
---------------------------------------------------------------------------

    Railroad rules often establish minimum spacing requirements when 
roadway maintenance machines are travelling. The number of machines in 
large equipment groupings, such as the one described in the January 
2015 accident above, can make it very difficult for machine operators 
to maintain appropriate spacing. The combined length of a large 
production gang's equipment may not permit movement over a crossing in 
a single unit. To avoid the impacts from improper machine spacing and 
to prevent accidents, FRA recommends that railroads utilize 
appropriately equipped flaggers \3\ to provide warning for motor 
vehicle traffic while large groups of roadway maintenance machines, 
such as the one in the accident described above, travel over a highway-
rail grade crossing. Flag protection at highway-rail grade crossings 
reduces the risk of a collision.
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    \3\ See 49 CFR 234.5.
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    Finally, it is imperative that roadway maintenance machine 
operators exercise vigilance and awareness with regard to railroad rule 
requirements, equipment spacing, speed, and the status of active 
warning devices when approaching and traveling over highway-rail grade 
crossings. For movements over extended distances, rail-bound machines 
with turntables should be turned to run forward or flag protection 
should be provided at all highway-grade crossings. FRA encourages 
railroad management to adopt and adhere to policies that promote the 
safest course of action in conducting on-track equipment movements over 
highway-rail grade

[[Page 14518]]

crossings, particularly by taking into account the unique 
characteristics that exist at individual crossings. FRA also encourages 
the use of job briefings whenever work or job conditions change to 
heighten employees' situational awareness of relevant safety risks.

Recommendations

    In light of the above discussion, and in an effort to improve 
situational awareness and rules compliance for roadway maintenance 
machine movements over highway-rail grade crossings, FRA recommends 
that railroads and railroad contractors:
    1. Review with their roadway maintenance machine operators the 
circumstances of the fatal incident described in this Safety Advisory 
2016-01 and these recommendations;
    2. Review, and update as necessary, their rules and procedures 
governing the movement of roadway maintenance machines over highway-
rail grade crossings and provide instruction on those rules and 
procedures to their employees;
    3. Identify grade crossings that pose significant challenges to 
roadway maintenance machines traversing the crossings and consider 
installing lockable wayside warning-device activation equipment or 
other appropriate measures for use by roadway maintenance machine 
operators to ensure safe movement over such crossings;
    4. Emphasize that their roadway maintenance machine operators must 
approach every highway-rail grade crossing prepared to stop and ensure 
that warning devices (where installed) are activated, the grade 
crossing is clear, and motor vehicle traffic has stopped (or is under 
the control of an appropriately equipped flagger) prior to entering a 
crossing;
    5. Emphasize to their roadway maintenance machine operators that 
shunting devices are not fail-safe and may lose shunt without warning 
if railroad rules permit the use of roadway maintenance machine 
shunting devices (capable of being turned on or off to activate grade 
crossing warning devices). Railroads should also emphasize that roadway 
maintenance machine shunting devices should only be utilized as a 
supplement to compliance with rules requiring machine operators to 
approach crossings prepared to stop and to yield the right-of-way to 
vehicle traffic;
    6. Emphasize the importance of job briefings to discuss applicable 
railroad rules governing operation of roadway maintenance machines 
movements over highway-rail grade crossing(s), including the 
identification of any higher-risk crossings and whether any crossings 
will be protected by appropriately equipped flaggers or signal 
personnel;
    7. Ensure that when roadway maintenance machines are required to 
travel extended distances, their machine operators are able to operate 
this equipment while facing in the direction of the machine's movement; 
and
    8. Review their current procedures for monitoring compliance with 
rules governing the movement of roadway maintenance machines over grade 
crossings and make necessary updates. Regularly conduct operational 
tests to ensure their employees comply with applicable rules governing 
movement over grade crossings.
    FRA encourages railroads and railroad contractors to take action 
consistent with the preceding recommendations and to take other actions 
to help ensure the safety of the Nation's railroad employees and the 
travelling public. FRA may modify this Safety Advisory 2016-01, issue 
additional safety advisories, or take other appropriate actions 
necessary to ensure the highest level of safety on the Nation's 
railroads, including pursuing other corrective measures under its rail 
safety authority.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2016-05996 Filed 3-16-16; 8:45 am]
 BILLING CODE 4910-06-P



                                                    14516                        Federal Register / Vol. 81, No. 52 / Thursday, March 17, 2016 / Notices

                                                    Chief Safety Officer, FRA, 1200 New                     regarding the need to review, update,                 Gilroy, a Union Pacific Railroad
                                                    Jersey Avenue SE., Mailstop 25,                         and follow rules and procedures                       Company (UP) system rail gang was in
                                                    Washington, DC 20590, (202) 493–6474.                   governing the safe movement of                        the process of changing job locations
                                                    SUPPLEMENTARY INFORMATION: Pursuant                     roadway maintenance equipment over                    from a siding track to an industrial lead
                                                    to Section 10(a)(2) of the Federal                      highway-rail grade crossings.                         track approximately 12 miles away. The
                                                    Advisory Committee Act (Pub. L. 92–                     FOR FURTHER INFORMATION CONTACT:                      rail gang consisted of 62 pieces of
                                                    463), FRA is giving notice of a meeting                 Patrick T. Warren, Deputy Associate                   roadway maintenance machinery
                                                    of the RSAC. The RSAC was established                   Administrator for Safety Compliance                   moving over UP main track to a new job
                                                    to provide advice and recommendations                   and Program Implementation, Office of                 location under the authority of a train
                                                    to FRA on railroad safety matters. The                  Railroad Safety, FRA, 1200 New Jersey                 dispatcher. At approximately 1:05 p.m.,
                                                    RSAC is composed of 60 voting                           Avenue SE., Mail Stop 25, Washington,                 a spiker/gager roadway maintenance
                                                    representatives from 39 member                          DC 20590, (202) 493–1366; or Joseph                   machine (40th machine in the consist)
                                                    organizations, representing various rail                Riley, Track Specialist, Track Division,              was traveling approximately 12 miles
                                                    industry perspectives. In addition, there               Office of Railroad Safety, FRA, 1200                  per hour over the Masten Avenue
                                                    are non-voting advisory representatives                 New Jersey Avenue SE., Mail Stop 25,                  highway-rail grade crossing in Gilroy
                                                    from the agencies with railroad safety                  Washington, DC 20590, (202) 493–6357.                 and collided with a motor vehicle
                                                    regulatory responsibility in Canada and                 SUPPLEMENTARY INFORMATION: In January                 (pickup truck) as it proceeded
                                                    Mexico, the National Transportation                     2015, a fatal accident occurred when an               westbound over the crossing. The driver
                                                    Safety Board, and the Federal Transit                   on-track roadway maintenance machine,                 was the sole occupant of the pickup
                                                    Administration. The diversity of the                    traveling as part of a large roadway work             truck and received fatal injuries.
                                                    Committee ensures the requisite range                   group (rail gang) over main track,                       The spiker/gager operator was
                                                    of views and expertise necessary to                     collided with a private motor vehicle at              operating in reverse and was not facing
                                                    discharge its responsibilities. See the                 a public highway-rail grade crossing in               the direction of the machine’s
                                                    RSAC Web site for details on prior                      Gilroy, California (Gilroy). The driver of            movement, relying on side mirrors to
                                                    RSAC activities and pending tasks at                    the motor vehicle died as a result of the             see in the direction of movement.
                                                    http://rsac.fra.dot.gov/. Please refer to               collision.                                            Additionally, a semi-tractor trailer had
                                                    the notice published in the Federal                        While investigating this 2015                      stopped short of the crossing for a traffic
                                                    Register on March 11, 1996 (61 FR                       accident, FRA reviewed its accident                   light and may have blocked the spiker/
                                                    9740), for additional information about                 data regarding other collisions at                    gager operator’s view of westbound
                                                    the RSAC.                                               highway-rail grade crossings involving                vehicular traffic approaching the
                                                      Issued in Washington, DC, on March 8,                 railroad maintenance-of-way                           highway-rail grade crossing. Applicable
                                                    2016.                                                   equipment. FRA’s review found that                    UP rules require that ‘‘[t]rack cars and
                                                    Robert C. Lauby,                                        between January 2010 and November                     on-track equipment must approach all
                                                                                                            2015, 187 accidents involving                         grade crossings prepared to stop and
                                                    Associate Administrator for Railroad Safety,
                                                    Chief Safety Officer.                                   maintenance-of-way equipment and                      must yield the right-of-way to vehicular
                                                                                                            motor vehicles occurred at highway-rail               traffic. If necessary, personnel will be
                                                    [FR Doc. 2016–05997 Filed 3–16–16; 8:45 am]
                                                                                                            grade crossings. The 187 accidents                    deployed to flag the crossing to protect
                                                    BILLING CODE 4910–06–P
                                                                                                            resulted in 2 fatalities to highway                   movement of a track car or other on-
                                                                                                            vehicle motorists, 62 injuries to motor               track equipment.’’ UP’s rules further
                                                    DEPARTMENT OF TRANSPORTATION                            vehicle occupants, and 6 injuries to                  specify:
                                                                                                            railroad employees.                                      When approaching any grade crossing
                                                    Federal Railroad Administration                            The January 2015 accident referenced               equipped with automatic warning devices
                                                                                                            here and FRA’s review of accident data                and the automatic warning devices are not
                                                    [Safety Advisory No. 2016–01]                                                                                 activated, all track cars and on-track
                                                                                                            described above illustrate the safety risk
                                                                                                            to railroad and railroad contractor                   equipment must stop short of the crossing
                                                    Movement of Roadway Maintenance                                                                               and not proceed until safe to do so, unless
                                                    Machines Over Highway-Rail Grade                        employees and the public when
                                                                                                                                                                  the crossing has been closed or barricaded or
                                                    Crossings                                               roadway maintenance machines travel                   is protected by properly equipped flaggers.
                                                                                                            over highway-rail grade crossings. This
                                                    AGENCY: Federal Railroad                                risk is heightened when roadway                          FRA’s investigation indicates that the
                                                    Administration (FRA), Department of                     maintenance machines, including hi-rail               operator of the spiker/gager involved in
                                                    Transportation.                                         vehicles, fail to activate grade crossing             the collision failed to follow applicable
                                                    ACTION: Notice of Safety Advisory.                      warning devices. To reduce this safety                UP rules by not stopping short of the
                                                                                                            risk, FRA recommends that the railroad                crossing and failing to yield the right-of-
                                                    SUMMARY:   FRA recently completed its                   industry evaluate relevant railroad rules             way to vehicle traffic. It appears that the
                                                    investigation into a fatal accident that                and emphasize compliance with those                   spiker/gager had fallen several hundred
                                                    occurred when an on-track roadway                       rules and any other procedures                        feet behind the machine it was
                                                    maintenance machine traveling on main                   governing the safe movement of on-track               following and FRA’s review of the
                                                    track collided with a motor vehicle at a                equipment over highway-rail grade                     downloaded grade crossing warning
                                                    highway-rail grade crossing. FRA is                     crossings.                                            device data indicated the crossing gates
                                                    issuing this Safety Advisory 2016–01 to                                                                       had recovered (lifted) before the spiker/
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    heighten rules compliance and                           Accident Summary                                      gager arrived at the crossing. Unlike
                                                    situational awareness of railroads,                        The accident description provided                  trains, roadway maintenance machines
                                                    railroad contractors, and their respective              below is based on FRA’s investigation of              do not always shunt or maintain shunt
                                                    employees when operating roadway                        the January 2015 accident and serves to               in track circuits to trigger activation of
                                                    maintenance machines over highway-                      illustrate the risks associated with                  grade crossing warning device systems
                                                    rail grade crossings. This Safety                       moving railroad roadway maintenance                   and, in most cases, roadway
                                                    Advisory makes recommendations to                       machines over highway-rail grade                      maintenance machines are not designed
                                                    railroads and railroad contractors                      crossings. On January 9, 2015, near                   or built to shunt the track circuit.


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                                                                                  Federal Register / Vol. 81, No. 52 / Thursday, March 17, 2016 / Notices                                                     14517

                                                       FRA’s investigation also indicates that              maintenance machine/highway vehicle                   vehicles, that can be switched on or off
                                                    before the rail gang equipment started                  accidents. Further, when railroads                    to activate grade crossing warning
                                                    its movement, a job briefing was held                   operate roadway maintenance machines                  devices as a roadway maintenance
                                                    that identified the railroad’s safety                   singly or in pairs, machines may not be               machine approaches a crossing.2 FRA
                                                    procedures to follow during the                         readily visible to motorists. Railroads               strongly recommends that railroads
                                                    movement. The job briefing instructed                   and railroad contractors should develop               utilizing such devices stress to operators
                                                    the machine operators to ‘‘bunch-up’’ at                procedures for the safe movement of all               that such shunts are not fail-safe and
                                                    grade crossings, allowing no more than                  configurations of roadway work group                  may lose shunt without warning.
                                                    50 feet between equipment. The                          equipment and ensure that operators are               Railroads should emphasize that
                                                    bunching-up of equipment is intended                    trained and qualified to recognize                    roadway maintenance machine shunting
                                                    to allow the equipment to travel over                   crossing characteristics that present                 devices should be utilized only as a
                                                    highway-rail grade crossings in a safe                  greater safety risks.                                 supplement to compliance with railroad
                                                    and efficient manner, as well as to                        As mentioned above, roadway                        rules that govern the movement of
                                                    lessen the time the public is stopped at                maintenance machines do not reliably                  roadway maintenance machines over
                                                    the crossing. The job briefing did not                  shunt track circuits and may not always,              highway-rail grade crossings. Operators
                                                    include instructions regarding theuse of                or continually, activate highway-rail                 of roadway maintenance machines
                                                    flaggers to protect movements over                      grade crossing warning devices.                       should approach every crossing
                                                    highway-rail grade crossings.                           Operators may encounter a variety of                  prepared to stop and yield the right-of-
                                                                                                            challenging grade crossing                            way to vehicular traffic unless the
                                                    Rules Compliance, Situational                           characteristics, including: heavy                     crossing has been closed or barricaded
                                                    Awareness, and Grade Crossing                           vehicular traffic, long-angled four-lane              or is protected by properly equipped
                                                    Protection Measures                                     crossings, right-turn-on-red locations,               flaggers.
                                                      Generally, railroad rules govern the                  and highway traffic signals                              Railroad rules often establish
                                                    movement of roadway maintenance                         interconnected with the highway-rail                  minimum spacing requirements when
                                                    machines over highway-rail grade                        grade crossing warning devices.                       roadway maintenance machines are
                                                    crossings.1 Under most applicable                       Railroads should review their inventory               travelling. The number of machines in
                                                    railroad rules governing movement of                    of grade crossings and identify crossings             large equipment groupings, such as the
                                                    on-track equipment over highway-rail                    that pose significant challenges to                   one described in the January 2015
                                                    grade crossings, roadway maintenance                    roadway maintenance machine                           accident above, can make it very
                                                    machines do not have the right-of-way                   operators. Railroads should also                      difficult for machine operators to
                                                    over vehicular traffic. Industry practices              consider installing lockable wayside                  maintain appropriate spacing. The
                                                    typically require such equipment to                     warning device activation equipment or                combined length of a large production
                                                    approach every highway-rail grade                       other appropriate measures for use by                 gang’s equipment may not permit
                                                    crossing prepared to stop and not                       operators of roadway maintenance                      movement over a crossing in a single
                                                    proceed until it is seen that the grade                 machines at heavily trafficked four-lane              unit. To avoid the impacts from
                                                    crossing is clear. For example, under the               crossings or long-angled crossings.                   improper machine spacing and to
                                                    applicable UP rule in question, roadway                    FRA also recommends that railroads                 prevent accidents, FRA recommends
                                                    maintenance machines are required to                    emphasize compliance with rules                       that railroads utilize appropriately
                                                    stop when approaching a grade crossing                  governing the safe movement of                        equipped flaggers 3 to provide warning
                                                    with automatic warning devices when                     roadway maintenance machines over                     for motor vehicle traffic while large
                                                    such devices are not activated unless                   highway-rail grade crossings in job                   groups of roadway maintenance
                                                    the crossing has been closed or                         safety briefings and employee training.               machines, such as the one in the
                                                    barricaded or is protected by properly                  Railroads and railroad contractors                    accident described above, travel over a
                                                    equipped flaggers. When grade crossing                  should monitor employee compliance                    highway-rail grade crossing. Flag
                                                    warning devices are activated, machine                  with rules addressing equipment                       protection at highway-rail grade
                                                    operators must still be prepared to stop.               movement over highway-rail grade                      crossings reduces the risk of a collision.
                                                      Most of the 187 accidents described                   crossings. On certain railroads where                    Finally, it is imperative that roadway
                                                    above occurred while on-track                           rules governing the safe movement of                  maintenance machine operators exercise
                                                    equipment was traveling over a                          machines over crossings are contained                 vigilance and awareness with regard to
                                                    highway-rail grade crossing and not                     in the railroads’ operating rules, Federal            railroad rule requirements, equipment
                                                    when roadway work groups were                           regulation requires that each railroad                spacing, speed, and the status of active
                                                    performing work at a crossing. FRA’s                    conduct operational tests to ensure its               warning devices when approaching and
                                                    review of the data indicates that tampers               employees comply with the railroad’s                  traveling over highway-rail grade
                                                    and regulators were involved in the                     operating rules. See 49 CFR 217.9. As                 crossings. For movements over extended
                                                    highest number of roadway                               the description of the January 2015                   distances, rail-bound machines with
                                                                                                            accident indicates, compliance with                   turntables should be turned to run
                                                       1 FRA’s grade crossing safety regulations in 49
                                                                                                            railroad rules governing the movement                 forward or flag protection should be
                                                    CFR part 234 do not specifically address roadway        of on-track equipment over highway-rail               provided at all highway-grade crossings.
                                                    maintenance machine movements over grade
                                                    crossings. In addition, 49 CFR part 214, subpart C      grade crossings is safety-critical. FRA               FRA encourages railroad management to
                                                    establishes protections to prevent roadway workers      recommends that railroads evaluate                    adopt and adhere to policies that
                                                                                                            their current procedures for monitoring               promote the safest course of action in
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    from being struck by rolling equipment, but does
                                                    not mention, nor is it generally intended to address,   compliance with rules governing the                   conducting on-track equipment
                                                    movement of roadway maintenance machines in
                                                    travel mode over highway-rail grade crossings           movement of roadway maintenance                       movements over highway-rail grade
                                                    under the authority of a train dispatcher. See 61 FR    machines over highway-rail grade
                                                    65959, 65961 (Dec. 16, 1996). FRA conducted a           crossings and determine whether their                    2 Typically, railroads instruct machine operators

                                                    post-accident inspection of the spiker/gager that       procedures are sufficient.                            to approach each crossing prepared to stop and not
                                                    was involved in the collision and found it was in                                                             proceed into the crossing until the grade crossing
                                                    compliance with applicable FRA regulations
                                                                                                               FRA is aware that some railroads have              is seen to be clear because a loss of shunt can occur
                                                    governing roadway maintenance machines at 49            installed shunting devices on roadway                 in these situations.
                                                    CFR part 214, subpart D.                                maintenance machines, such as hi-rail                    3 See 49 CFR 234.5.




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                                                    14518                        Federal Register / Vol. 81, No. 52 / Thursday, March 17, 2016 / Notices

                                                    crossings, particularly by taking into                  including the identification of any                   ADDRESSES:   Comments should refer to
                                                    account the unique characteristics that                 higher-risk crossings and whether any                 docket number MARAD–2016–0028.
                                                    exist at individual crossings. FRA also                 crossings will be protected by                        Written comments may be submitted by
                                                    encourages the use of job briefings                     appropriately equipped flaggers or                    hand or by mail to the Docket Clerk,
                                                    whenever work or job conditions change                  signal personnel;                                     U.S. Department of Transportation,
                                                    to heighten employees’ situational                         7. Ensure that when roadway                        Docket Operations, M–30, West
                                                    awareness of relevant safety risks.                     maintenance machines are required to                  Building Ground Floor, Room W12–140,
                                                    Recommendations                                         travel extended distances, their machine              1200 New Jersey Avenue SE.,
                                                                                                            operators are able to operate this                    Washington, DC 20590. You may also
                                                       In light of the above discussion, and                equipment while facing in the direction               send comments electronically via the
                                                    in an effort to improve situational                     of the machine’s movement; and                        Internet at http://www.regulations.gov.
                                                    awareness and rules compliance for                         8. Review their current procedures for             All comments will become part of this
                                                    roadway maintenance machine                             monitoring compliance with rules                      docket and will be available for
                                                    movements over highway-rail grade                       governing the movement of roadway                     inspection and copying at the above
                                                    crossings, FRA recommends that                          maintenance machines over grade                       address between 10 a.m. and 5 p.m.,
                                                    railroads and railroad contractors:                     crossings and make necessary updates.                 E.T., Monday through Friday, except
                                                       1. Review with their roadway                         Regularly conduct operational tests to                federal holidays. An electronic version
                                                    maintenance machine operators the                       ensure their employees comply with                    of this document and all documents
                                                    circumstances of the fatal incident                     applicable rules governing movement                   entered into this docket is available on
                                                    described in this Safety Advisory 2016–                 over grade crossings.                                 the World Wide Web at http://
                                                    01 and these recommendations;                                                                                 www.regulations.gov.
                                                                                                               FRA encourages railroads and railroad
                                                       2. Review, and update as necessary,
                                                                                                            contractors to take action consistent                 FOR FURTHER INFORMATION CONTACT:
                                                    their rules and procedures governing the
                                                                                                            with the preceding recommendations                    Bianca Carr, U.S. Department of
                                                    movement of roadway maintenance
                                                                                                            and to take other actions to help ensure              Transportation, Maritime
                                                    machines over highway-rail grade
                                                                                                            the safety of the Nation’s railroad                   Administration, 1200 New Jersey
                                                    crossings and provide instruction on
                                                                                                            employees and the travelling public.                  Avenue SE., Room W23–453,
                                                    those rules and procedures to their
                                                                                                            FRA may modify this Safety Advisory                   Washington, DC 20590. Telephone 202–
                                                    employees;
                                                       3. Identify grade crossings that pose                2016–01, issue additional safety                      366–9309, Email Bianca.carr@dot.gov.
                                                    significant challenges to roadway                       advisories, or take other appropriate                 SUPPLEMENTARY INFORMATION: As
                                                    maintenance machines traversing the                     actions necessary to ensure the highest               described by the applicant the intended
                                                    crossings and consider installing                       level of safety on the Nation’s railroads,            service of the vessel INVESTAR is:
                                                    lockable wayside warning-device                         including pursuing other corrective                      Intended Commercial Use of Vessel:
                                                    activation equipment or other                           measures under its rail safety authority.             Charter Fishing
                                                    appropriate measures for use by                         Robert C. Lauby,                                         Geographic Region: Florida, Georgia,
                                                    roadway maintenance machine                             Associate Administrator for Railroad Safety,          South Carolina, North Carolina,
                                                    operators to ensure safe movement over                  Chief Safety Officer.                                 Alabama, Louisiana
                                                    such crossings;                                         [FR Doc. 2016–05996 Filed 3–16–16; 8:45 am]              The complete application is given in
                                                       4. Emphasize that their roadway                      BILLING CODE 4910–06–P
                                                                                                                                                                  DOT docket MARAD–2016–0028 at
                                                    maintenance machine operators must                                                                            http://www.regulations.gov. Interested
                                                    approach every highway-rail grade                                                                             parties may comment on the effect this
                                                    crossing prepared to stop and ensure                    DEPARTMENT OF TRANSPORTATION                          action may have on U.S. vessel builders
                                                    that warning devices (where installed)                                                                        or businesses in the U.S. that use U.S.-
                                                    are activated, the grade crossing is clear,             Maritime Administration                               flag vessels. If MARAD determines, in
                                                    and motor vehicle traffic has stopped (or                                                                     accordance with 46 U.S.C. 12121 and
                                                    is under the control of an appropriately                [Docket No. MARAD–2016 2016–0028]                     MARAD’s regulations at 46 CFR part
                                                    equipped flagger) prior to entering a                                                                         388, that the issuance of the waiver will
                                                    crossing;                                               Requested Administrative Waiver of                    have an unduly adverse effect on a U.S.-
                                                       5. Emphasize to their roadway                        the Coastwise Trade Laws: Vessel                      vessel builder or a business that uses
                                                    maintenance machine operators that                      INVESTAR; Invitation for Public                       U.S.-flag vessels in that business, a
                                                    shunting devices are not fail-safe and                  Comments                                              waiver will not be granted. Comments
                                                    may lose shunt without warning if                                                                             should refer to the docket number of
                                                    railroad rules permit the use of roadway                AGENCY: Maritime Administration,                      this notice and the vessel name in order
                                                    maintenance machine shunting devices                    Department of Transportation.                         for MARAD to properly consider the
                                                    (capable of being turned on or off to                   ACTION: Notice.                                       comments. Comments should also state
                                                    activate grade crossing warning                                                                               the commenter’s interest in the waiver
                                                    devices). Railroads should also                         SUMMARY:   As authorized by 46 U.S.C.                 application, and address the waiver
                                                    emphasize that roadway maintenance                      12121, the Secretary of Transportation,               criteria given in § 388.4 of MARAD’s
                                                    machine shunting devices should only                    as represented by the Maritime                        regulations at 46 CFR part 388.
                                                    be utilized as a supplement to                          Administration (MARAD), is authorized
                                                    compliance with rules requiring                         to grant waivers of the U.S.-build                    Privacy Act
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    machine operators to approach                           requirement of the coastwise laws under                 Anyone is able to search the
                                                    crossings prepared to stop and to yield                 certain circumstances. A request for                  electronic form of all comments
                                                    the right-of-way to vehicle traffic;                    such a waiver has been received by                    received into any of our dockets by the
                                                       6. Emphasize the importance of job                   MARAD. The vessel, and a brief                        name of the individual submitting the
                                                    briefings to discuss applicable railroad                description of the proposed service, is               comment (or signing the comment, if
                                                    rules governing operation of roadway                    listed below.                                         submitted on behalf of an association,
                                                    maintenance machines movements over                     DATES: Submit comments on or before                   business, labor union, etc.). You may
                                                    highway-rail grade crossing(s),                         April 18, 2016.                                       review DOT’s complete Privacy Act


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Document Created: 2016-03-17 00:58:04
Document Modified: 2016-03-17 00:58:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of Safety Advisory.
ContactPatrick T. Warren, Deputy Associate Administrator for Safety Compliance and Program Implementation, Office of Railroad Safety, FRA, 1200 New Jersey Avenue SE., Mail Stop 25, Washington, DC 20590, (202) 493-1366; or Joseph Riley, Track Specialist, Track Division, Office of Railroad Safety, FRA, 1200 New Jersey Avenue SE., Mail Stop 25, Washington, DC 20590, (202) 493-6357.
FR Citation81 FR 14516 

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