PUBLIC HEARING
September 13-15, 1999
Chicago, IL

Opening Statement
by the Honorable George W. Black, Jr.

THIS PUBLIC HEARING HAS BEEN CONVENED BY THE NATIONAL TRANSPORTATION SAFETY BOARD UNDER THE AUTHORITY OF SECTION 304B OF THE INDEPENDENT SAFETY BOARD ACT OF 1974. THIS HEARING IS PART OF THE SAFETY BOARD'S INVESTIGATION OF THE ACCIDENT INVOLVING THE COLLISION OF AMTRAK TRAIN NO. 59, THE CITY OF NEW ORLEANS, WITH AN EASTBOUND SEMITRAILER TRUCK AT A RAILROAD/HIGHWAY GRADE CROSSING NEAR BOURBONNAIS, ILLINOIS, ON MARCH 15, 1999.

AS A RESULT OF THE COLLISION, 11 PASSENGERS WERE FATALLY INJURED AND 122 PASSENGERS AND CREWMEMBERS SUSTAINED SERIOUS OR MINOR INJURIES. THE TRUCKDRIVER WAS NOT INJURED. ESTIMATED DAMAGES EXCEEDED $14 MILLION. I AM GEORGE BLACK, A MEMBER OF THE NATIONAL TRANSPORTATION SAFETY BOARD, AND CHAIRMAN OF THESE PROCEEDINGS. THE OTHER MEMBERS OF THE BOARD OF INQUIRY FROM THE NATIONAL TRANSPORTATION SAFETY BOARD IN WASHINGTON, D.C. ARE:

• JAMES S. DUNN, HEARING OFFICER AND INVESTIGATOR IN CHARGE OF THE BOURBONNAIS ACCIDENT
• MR. ROBERT C. LAUBY,DIRECTOR, OFFICE OF RAILROAD SAFETY
• MR. CLAUDE HARRIS, DEPUTY DIRECTOR, OFFICE OF HIGHWAY SAFETY
• MR. BARRY SWEEDLER, DIRECTOR, OFFICE OF SAFETY RECOMMENDATIONS AND ACCOMPLISHMENTS

THE ACCIDENT MENTIONED ABOVE HAS BEEN INVESTIGATED BY THE NATIONAL TRANSPORTATION SAFETY BOARD. WE HAVE BEEN ASSISTED IN THE INVESTIGATION OF THIS ACCIDENT BY REPRESENTATIVES OF THE PARTIES TO THIS HEARING. THE PURPOSE OF THIS HEARING IS:

• TO GO BEYOND OUR FIELD INVESTIGATION, TESTS, AND INTERVIEWS TO DEVELOP A FACTUAL RECORD FOR DETERMINING THE PROBABLE CAUSE OF THIS ACCIDENT.
• TO REPORT THE FACTS, CONDITIONS, AND CIRCUMSTANCES RELATING TO THIS ACCIDENT, AND;
• TO ASSIST THE NATIONAL TRANSPORTATION SAFETY BOARD IN MAKING RECOMMENDATIONS TO PREVENT SIMILAR ACCIDENTS.

WE PLAN ON CONCLUDING THIS HEARING ON WEDNESDAY, AFTER TAKING TESTIMONY FOR THREE DAYS. THIS HEARING IS AN ADMINISTRATIVE, FACT-FINDING PROCEEDING WITH NO ADVERSE INTERESTS AND NO ADVERSE PARTIES. IT IS NOT OUR PURPOSE TO ASSIGN BLAME OR TO DETERMINE THE LEGAL RIGHTS AND/OR LIABILITIES OF PERSONS OR ORGANIZATIONS, AND THE SAFETY BOARD WILL NOT MAKE ANY ATTEMPT TO DO SO. MATTERS DIRECTLY RELATED TO SUCH RIGHTS AND LIABILITIES WILL BE EXCLUDED FROM THESE PROCEEDINGS. PURSUANT TO SAFETY BOARD RULES, A PRE-HEARING CONFERENCE WAS HELD IN WASHINGTON, D.C. LAST WEEK. THE PRE-HEARING CONFERENCE WAS ATTENDED BY THE MEMBERS OF THE BOARD OF INQUIRY, THE MEMBERS OF THE TECHNICAL PANEL, AND THE PARTIES TO THE HEARING. THE WITNESSES FOR THE HEARING, THE AREAS IN WHICH THEY ARE TO BE QUESTIONED, AND THE ISSUES TO BE ADDRESSED WERE DISCUSSED AND AGREED UPON BY THE PARTICIPANTS. IN ADDITION, EXHIBITS TO BE INTRODUCED IN EVIDENCE WERE IDENTIFIED.

COPIES OF THE WITNESS LIST DEVELOPED FOR THIS HEARING HAVE BEEN MADE AVAILABLE. MR. TERRY WILLIAMS, A SAFETY BOARD PUBLIC AFFAIRS OFFICER, HERE TO ASSIST THE PRESS AND THE PUBLIC, CAN FURNISH A COPY OF THE WITNESS LIST, AND PROVIDE ACCESS TO THE EXHIBITS.

THE DOCKET, CONTAINING THE EXHIBITS, THE TRANSCRIPT OF TESTIMONY THAT WILL BE TAKEN, AND ANY OTHER RELATED MATERIALS WILL BE AVAILABLE FOR INSPECTION AT THE SAFETY BOARD'S WASHINGTON, D.C. HEADQUARTERS. COPIES OF THE TRANSCRIPT, EXHIBITS, AND PHOTOGRAPHS INTRODUCED DURING THIS HEARING MAY BE OBTAINED FOR A FEE FROM THE COURT REPORTER.

THE CONDUCT OF THIS HEARING WILL BE GOVERNED BY THE SAFETY BOARD'S RULES OF PRACTICE. UNDER THESE RULES, THE WITNESS WILL BE QUESTIONED FIRST BY THE TECHNICAL PANEL, THEN BY THE SPOKESPERSON FOR EACH PARTY, AND FINALLY BY THE BOARD OF INQUIRY. CROSS-EXAMINATION IN THE LEGAL SENSE WILL NOT BE PERMITTED. AFTER ONE ROUND OF QUESTIONING, I MAY GO AROUND A SECOND TIME FOR ANY FOLLOW-UP QUESTIONS AND/OR CLARIFICATIONS. HOWEVER, I EXPECT FOLLOW-UP QUESTIONS TO BE LIMITED TO THOSE NECESSARY TO CLARIFY THE RECORD, OR TO ADDRESS SOME NEW MATTER THAT HAS BEEN RAISED.

THE FORMAL ISSUES WHICH WILL BE ADDRESSED IN THE PUBLIC HEARING, AND TO WHICH TESTIMONY AND QUESTIONING WILL BE LIMITED, ARE AS FOLLOWS:

• THE EFFECTIVENESS AND RELIABILITY OF CURRENT ACTIVE RAILROAD GRADE CROSSING WARNING DEVICES;
• STATE, FEDERAL, AND AMTRAK SAFETY OVERSIGHT PROGRAMS;
• TRAIN/TRUCK INTERFACE IN GRADE CROSSING SAFETY; AND
• NEW TECHNOLOGIES IN GRADE CROSSING SAFETY.

ALTHOUGH THE CIRCUMSTANCES OF THIS ACCIDENT HAVE GENERATED SOME CONCERN ABOUT THE STATUS OF THE TRUCK DRIVER'S COMMERCIAL DRIVERS LICENSE AT THE TIME OF THE ACCIDENT, THE SAFETY BOARD HAS CHOSEN TO ADDRESS THIS ISSUE, AND OTHERS RELATED TO IT, IN A FUTURE FORUM.

A PUBLIC HEARING, SCHEDULED FOR EARLY NEXT YEAR, CONCERNING THE CRASH OF A MOTORCOACH IN NEW ORLEANS, LOUISIANA, ON MAY 5, 1999, WHICH CLAIMED THE LIVES OF 22 PERSONS, WILL ADDRESS NUMEROUS ISSUES RELATING TO COMMERCIAL DRIVER LICENSING AT THE STATE AND FEDERAL LEVELS. THE SAFETY BOARD ASKED THE TRUCK DRIVER INVOLVED IN THIS ACCIDENT TO APPEAR AS A WITNESS AT THIS HEARING, BUT HE DECLINED AT THE ADVICE OF HIS ATTORNEY. HOWEVER, A PREVIOUS INTERVIEW WITH THE TRUCK DRIVER BY THE SAFETY BOARD IS PART OF THE PUBLIC DOCKET THE PARTIES TO THIS HEARING WILL HAVE THE OPPORTUNITY TO SUBMIT PROPOSED FINDINGS OF FACTS, CONCLUSIONS, AND RECOMMENDATIONS TO THE BOARD OF INQUIRY AFTER THE CLOSE OF THIS HEARING. I STRONGLY ENCOURAGE THE PARTIES TO MAKE USE OF THIS OPPORTUNITY. IF YOU DECIDE TO SUBMIT PROPOSED FINDINGS, CONCLUSIONS, AND/OR RECOMMENDATIONS, PLEASE SEND THEM TO THE NATIONAL TRANSPORTATION SAFETY BOARD WITHIN 60 CALENDAR DAYS AFTER THE CLOSE OF THIS HEARING. YOU SHOULD ALSO SEND COPIES OF ANY SUCH SUBMISSIONS TO EACH OF THE OTHER PARTIES. ANY PROPOSALS WILL BE MADE PART OF THE PUBLIC DOCKET OF THE INVESTIGATION AND WILL RECEIVE CAREFUL CONSIDERATION DURING THE SAFETY BOARD'S ANALYSIS OF EVIDENCE AND PREPARATION OF THE FINAL REPORT OF THIS ACCIDENT.

AT THIS TIME I WOULD LIKE TO INTRODUCE THE MEMBERS OF THE SAFETY BOARD'S TECHNICAL PANEL:

• MR. TED TURPIN, OPERATIONS SPECIALIST, OFFICE OF RAILROAD SAFETY
• DR. GERALD WEEKS, CHIEF, HUMAN FACTORS DIVISION, OFFICE OF RAILROAD SAFETY
• MR. BURT SIMON, HUMAN PERFORMANCE SPECIALIST, OFFICE HIGHWAY SAFETY
• MR. RUBEN PAYAN, SIGNAL SPECIALIST, OFFICE OF RAILROAD SAFETY
• MR. RICHARD DOWNS, SURVIVAL FACTORS SPECIALIST, OFFICE OF RAILROAD SAFETY
• MR. BYRD RABY, HIGHWAY HEAVY VEHICLE SPECIALIST, OFFICE OF HIGHWAY SAFETY
• MS. MIRIAM KLOEPPEL, TRANSPORTATION RESEARCH ANALYST, OFFICE OF RESEARCH AND ENGINEERING
• MR. THOMAS JACKY, EVENT RECORDER SPECIALIST, OFFICE OF RESEARCH AND ENGINEERING

ALSO PRESENT ARE MR. TERRY WILLIAMS, FROM THE SAFETY BOARD'S OFFICE OF PUBLIC AFFAIRS, AND MS. EVELYN HEMINGWAY, FROM THE OFFICE OF RAILROAD SAFETY, FOR ADMINISTRATIVE ASSISTANCE.

I WILL NOW CALL THE PARTIES TO THE HEARING, AND ASK EACH SPOKESPERSON TO STAND, IDENTIFY THEMSELVES, THEIR AFFILIATION WITH THE PARTY THEY REPRESENT, AND INTRODUCE THOSE OTHER PERSONS AT THEIR PARTY'S TABLE.

1. NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK)
2. CANADIAN NATIONAL/ILLINOIS CENTRAL RAILROAD
3. FEDERAL RAILROAD ADMINISTRATION
4. FEDERAL HIGHWAY ADMINISTRATION
5. ILLINOIS COMMERCE COMMISSION
6. BROTHERHOOD OF LOCOMOTIVE ENGINEERS
7. UNITED TRANSPORTATION UNION
8. MELCO TRANSFER, INC.

THANK YOU LADIES AND GENTLEMEN. AT THIS POINT THE HEARING OFFICER WILL INTRODUCE THE EXHIBITS TO BE USED IN THE HEARING, AND THEN BEGIN THE CALLING OF WITNESSES AND THE TAKING OF TESTIMONY.