Description: Safety News - 02/16/2000 - Rail Car Conspicuity

FRARWS
Docket Clerk
DOT Central Docket Management System
U.S. Dept. of Transportation, Room PL 401
400 Seventh Street, S.W.
Washington, DC 20590-0001

Re: Rail Car Conspicuity; Docket No. FRA - 1999-6689

Dear Sir or Madam:

The Brotherhood of Maintenance of Way Employes (BMWE) supports the promulgation of regulations requiring enhanced visibility standards for railroad cars and on-track equipment. According to FRA statistics, 874 motor vehicles struck railroad consists at public grade crossings in 1997 and 708 motor vehicle struck railroad consists at public grade crossings in 1998. Accordingly, an average 786 Run Into Train (RIT) collisions occurred annually during the two year period 1997-98. In approximately 40% of these RIT collisions at grade, the motor vehicle struck railroad rolling stock which was other than the first car or locomotive in the consist. Thus, we believe these statistic confirm that the lack of rail car conspicuity and visibility is a major contributing factor in RIT collisions which must be addressed as part of an overall strategy to reduce highway-rail accidents and fatalities which occur at highway-rail intersections.

Findings from previous studies confirm that the conspicuity of rail cars is essential to grade crossing safety. A summary of conclusions reached in those studies was presented to the Workshop on Reflectorization of Rail Rolling Stock on July 28, 1999 and included the following:

• Conspicuity is essential to give an indication of a train's presence and permit an effective vehicular maneuver to avoid a collision (Sivak, etc.);
• Reflectors provided a better, cost-effective source of railroad car detection than other materials [e.g., luminous (both electric and irradiate), fluorescent paints] (Lepkowski and Mullis);
• Reflectorization can facilitate in the reduction of accidents that occurred when a vehicle struck the side of a train after the lead unit [referred to as a Category 1 run into train (RIT)] (McGinnis);
• Washing provided a "rebounding" effect of the original intensity of the reflectors (Uber);
• A uniform pattern will enhance the motorists' recognition of a train in time to avoid a collision (Ford, NHTSA);
• A favorable placement location is 42" from the top of rail (TOR) (Stalder and Lauer, Ford)

These studies and conclusions support the viability of enhancing rail car conspicuity through the utilization of reflectorized markings on rail cars and equipment. The Volpe National Transportation System Center also conducted exhaustive research and field testing of reflectorizing materials. Volpe's demonstration tests considered different materials and configurations for reflectorized materials and found that "clearly prismatic material stood out among the three" materials tested (enclosed lens and bonded were the other two reflector materials tested).

Based upon both human factor studies and previous studies, Volpe also concluded that prismatic materials alternating in the colors of red and white would provide a "sense of contrast" and that "most people would identify red as a sign of danger or warning" (Workshop on Reflectorization, 7/28/99, pgs.30-31). Volpe's research into the effectiveness and durability of reflectorized markings to enhance rail car conspicuity has also been thoroughly conducted using advanced, scientifically accepted methodologies. Their research has concluded:

• A uniform, recognizable pattern of retro-reflective material can be applied to all car types, with few exceptions;
• A reflectorized car is more detectable than an unreflectorized car;
• A uniform reflectorized pattern can facilitate the recognition of freight cars, and;
• The performance characteristics of newly developed materials resulted in a ten-fold increase of performance over the materials tested in 1982.

BMWE believes that the data on material effectiveness and durability is conclusive and that FRA should move to the NPRM and Final Rule stage as soon as possible in order to protect the motoring public and railroad personnel, and to reduce the liability on railroads involved in grade crossing collisions. We believe that the estimated cost of outfitting rolling stock with prismatic material (currently estimated at ten-year life cycle of $219.25 per car) is cost beneficial and can be phased in over a period of time to decrease the financial burden on the railroad industry. We also anticipate that the cost for materials and installation will drop further as competition between material vendors intensifies and processes for material installation improve. Initially, the most problematic cars, i.e., flat cars, low-boys, and other low profile cars, should receive the reflectorized material first. Then, additional equipment could be reflectorized over a reasonable period of time until the entire fleet is outfitted. It is relevant to note that Transport Canada, the Canadian equivalent of FRA, initiated a program in which the Canadian fleet was reflectorized by 1989.

The Federal Highway Administration (FHA) has had a rule (49 CFR 571.108) to enhance the conspicuity of newly manufactured trucks since 1993. Recently, FHA amended the rule to require retrofitting of older equipment and has found that a large percentage of motor carriers have voluntarily retrofitted their equipment prior to the retrofit date specified in the rule. The motor carrier industry has estimated that the $20 million per year cost to implement reflectorization, spread out over the 14 year expected life of a trailer, will result in benefits of $44 million per year in reduced property damages alone. Reductions in injury and death associated with reduced accidents is an incalculable societal benefit over and above the property damage savings to the industry. Reduced accidents also reduce liability, providing further economic benefit to the industry.

BMWE sees no reason why similar benefits would not also accrue to the railroad industry over the long term and we urge FRA to move forward on this important public safety issue. Reflectorization would also provide the railroad industry with some residual benefit by enhancing safety for railroad personnel whose reaction time in response to moving reflectorized rolling stock and equipment would assumable improve. The issue of reflectorization of railroad rolling stock has been studied and evaluated for over 20 years. We believe that further delay is unwarranted and it is now time to move from the evaluation stage to the implementation stage.

While significant strides have been made in reducing collisions at rail-highway intersections, there is still much more work to be done. Rail car conspicuity is clearly a factor in RIT collisions which must be addressed as part of the nation's overall grade crossing safety initiative. BMWE, therefore, urges FRA and the railroad industry to move forward with prismatic reflectorization of rolling stock and other on-track equipment without delay.

Respectfully,
President