NPRM issued for public highway-rail grade crossings

Nov. 20, 2019
The proposed rule would require all states and the District of Columbia to develop and implement a new or updated highway-rail grade-crossing action plan.

The U.S. Department of Transportation (USDOT) Federal Railroad Administration (FRA) has published a Notice of Proposed Rule Making (NPRM) that would require all states, as well as the District of Columbia, to develop and implement a new or updated highway-rail grade-crossing action plan.

The action plans would enable states to prioritize infrastructure and equipment investments at railway crossings using a variety of resources, including federal formula funds and grants.

“The department is committed to supporting infrastructure improvements, new communications tools and working to change driver behavior so that highway-rail grade crossings are safe environments for all transportation users,” said U.S. Transportation Secretary Elaine L. Chao.

The NPRM is mandated by the Fixing America's Surface Transportation Act and encompasses the 40 states not included in an earlier effort as part of the Rail Safety Improvement Act of 2008 that directed FRA to identify the 10 states with the most highway-rail grade crossing collisions to develop grade-crossing action plans for approval. The NPRM would require those 10 states to submit updated plans. FRA will review states’ action plans for sufficiency, and, upon approval, FRA will publish the plans on the internet.

“Grade-crossing collisions are the second leading cause of rail-related deaths in America, but nearly every one of them is preventable,” said FRA Administrator Ronald L. Batory.  “The action plans provide states a tool to engage with federal and local partners, railroads and rail safety advocates to identify high risk crossings and develop strategies to save lives.”

USDOT notes that the Federal Highway Administration (FHWA) has distributed more than $900 million in formula funds to states for grade-crossing improvements through the Section 130 program since 2017. Additionally, USDOT says the administration has awarded $324 million in discretionary grant funds to 43 projects that include grade-crossing improvements and trespass prevention elements, with more than 500 grade crossings in 26 states to be improved as a result of these investments.

Comments on the proposed rule on State Action Plans are due to FRA by Jan. 6, 2020, and action plans would need to be developed and implemented no later than one year after the publication of the final rule.

In related news, USDOT has updated the Highway-Rail Crossing Handbook for the first time in more than 10 years. It serves as a resource for constructing and maintaining safer highway-rail grade crossings and offers guidance for best practices and new standards to improve safety at the 130,000 public rail and road junctures in the U.S.

“This handbook is one more tool in the toolbox to help enhance safety at highway-rail grade crossings,” said Federal Highway Administrator Nicole R. Nason. “It is part of our ongoing efforts, in partnership with the Federal Railroad Administration and state and local practitioners, to help ensure rail and road users get to their destination safely.”

The third edition of the Highway-Rail Crossing Handbook provides information on highway-rail crossings and characteristics of the crossing environment and users and was developed in conjunction with stakeholders and safety advocates. The guidance focuses on the physical and operational improvements that can be made at highway-rail grade crossings to enhance the safety and operation of both highway and rail traffic over crossing intersections. The Highway-Rail Crossing Handbook is complimentary and is jointly published by FHWA and FRA.

In addition to the NPRM and updated Handbook, the department conducted the 4th annual multi-million-dollar targeted railroad crossing safety campaign called “Stop. Trains Can’t.” in 2019 to increase public awareness of railroad crossings and to reduce injuries and death. The campaign focused on cities that have the highest vehicle/train incidents in the past 10 years.

About the Author

Mischa Wanek-Libman | Group Editorial Director

Mischa Wanek-Libman is director of communications with Transdev North America. She has more than 20 years of experience working in the transportation industry covering construction projects, engineering challenges, transit and rail operations and best practices.

Wanek-Libman has held top editorial positions at freight rail and public transportation business-to-business publications including as editor-in-chief and editorial director of Mass Transit from 2018-2024. She has been recognized for editorial excellence through her individual work, as well as for collaborative content.

She is an active member of the American Public Transportation Association's Marketing and Communications Committee and served 14 years as a Board Observer on the National Railroad Construction and Maintenance Association (NRC) Board of Directors.  

She is a graduate of Drake University in Des Moines, Iowa, where she earned a Bachelor of Arts degree in Journalism and Mass Communication.