FRA publishes Final Rule for Highway-Rail Grade Crossing

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The U.S. Department of Transportation’s Federal Railroad Administration (FRA) announced on Dec. 15 that it has published a final rule requiring the development and implementation of highway-rail grade crossing action plans.

The rule will require 40 states and the District of Columbia to develop and implements the plans while requiring 10 states that already have grade crossing action plans to update the plans and submit reports describing the actions they’ve taken to implement them.

“Grade crossing accidents and incidents are the second leading cause of rail-related deaths in the United States, but nearly every one of them is preventable,” said FRA Administrator Ronald L. Batory. “The action plans give 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.”

The final rule is in response to a Fixing America’s Surface Transportation Act (FAST Act) that required states to develop and implement action plans. Each plan should identify crossings that have seen at least one accident or incident in the last three years, multiple accidents in the last five years or are determined by the state to be at high-risk for accidents or incidents. The plans must also outline specific strategies to improve safety at those crossings.

In June 2010, FRA identified 10 states as having the most highway-rail grade crossing collisions – are Alabama, California, Florida, Georgia, Illinois, Indiana, Iowa, Louisiana, Ohio, and Texas. Those states were required to develop action plans and submit them to FRA for approval. The FAST Act now requires them to update their plans, and for the remaining 40 states and District of Columbia, to come up with action plans.

The plans are due no later than 14 months after the rule was published, or Feb. 14, 2022. The FRA said it will provide technical assistance to the states in developing or updating their action plans.