● For the FRA to develop and issue guidance for railroads to use in developing FRArequired risk reduction programs, and for the Association of American Railroads to work with member railroads to develop guidance material and best practices for these programs (Dec. 2020)59 ● For the AAR, the ASLRRA, Amtrak, the Alaska Railroad and the American Public Transportation Association to inform their members of the circumstances of the August 2019 CSX collision between Columbus and Fostoria, Ohio, and review their training and managerial oversight programs as they relate to restricted speed operations in territories where PTC systems are operated in Restricted Mode to identify and implement appropriate training improvements and mitigating actions (Oct. 2020)60
2.6 State & Local Governments Under the U.S. federalist system, generally speaking, federal laws and regulations supersede state and local ones, but states and localities may enact and enforce more stringent laws and regulations in some areas. One example of an area that is under exclusive federal jurisdiction, under the U.S. Constitution’s Commerce Clause, is rules affecting the level of service railroads provide or rail labor rules. In terms of grade crossings, state law or regulation tends to have more influence than federal when it comes to the length of time for which railroads are allowed to block public crossings with idling trains and the establishment of “quiet zones” where locomotive horns are not required to be sounded at grade crossings within set boundaries.61 Some state governments take a more active role in overseeing and promoting railroad safety than others. Most state regulation and enforcement pertaining to railroads is undertaken by the state Department of Transportation (DOT) or Transportation Commission, but some states have independent agencies or commissions that oversee railroads. Examples include the Public Utilities Commissions of California, Nevada, Colorado, Idaho, Rhode Island and Pennsylvania, the Montana Public Service Commission, the Oklahoma Corporation Commission, the New Jersey Board of Public Utility Commissioners, the Virginia Department of Rail and Public Transportation and Commonwealth Transportation Board, and the Washington Utilities and Transportation Commission. Jurisdiction over highway-rail grade crossings resides primarily with the states, but some states exercise regulatory jurisdiction while others’ role is merely administrative. Most states (36, plus the District of Columbia) vest powers regarding crossings in the state DOT or the state Department of Highways, but nine states require local governments to initiate actions regarding grade crossings (though the state government may provide assistance), while in five states, the responsibility is shared between the state and local levels.62 Most states, along with private railroads, also engage in public
Safer Railroading
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