Skip Ribbon Commands
Skip to main content
Safety Recommendation Details

Safety Recommendation R-14-050
Details
Synopsis: On May 28, 2013, about 1:59 p.m., a 2003 Mack Granite three-axle roll-off straight truck, operated by Alban Waste, LLC, was traveling northwest on a private road in Rosedale, Maryland, toward a private highway–railroad grade crossing. The grade crossing consisted of two tracks and was marked on each side with a crossbuck sign. The truck was carrying a load of debris to a recycling center located 3.5 miles from the carrier terminal. About the same time, a CSX Transportation Company (CSXT) freight train—which consisted of two locomotives, 31 empty cars, and 14 loaded cars—was traveling southwest at a recorded speed of 49 mph. As the train approached the crossing, the train horn sounded three times. The truck did not stop; and as the train traversed the crossing, it struck the truck on the right side, causing the truck to rotate and overturn before coming to rest on the earthen embankment on the northwest side of the tracks. The first 15 cars of the 45-car train derailed.
Recommendation: TO THE FIFTY STATES, PUERTO RICO, AND THE DISTRICT OF COLUMBIA: Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.”
Original recommendation transmittal letter: PDF
Overall Status: Open - Await Response
Mode: Railroad
Location: Rosedale, MD, United States
Is Reiterated: No
Is Hazmat: No
Is NPRM: No
Accident #: HWY13MH013
Accident Reports: Highway-Railroad Grade Crossing Collision
Report #: HAR-14-02
Accident Date: 5/28/2013
Issue Date: 10/22/2014
Date Closed:
Addressee(s) and Addressee Status: Commonwealth of Kentucky (Open - Await Response)
Commonwealth of Massachusetts (Open - Await Response)
Commonwealth of Pennsylvania (Open - Acceptable Response)
Commonwealth of Puerto Rico (Open - Await Response)
Commonwealth of Virginia (Open - Await Response)
District of Columbia (Open - Await Response)
State of Alabama (Open - Await Response)
State of Alaska (Open - Unacceptable Response)
State of Arizona (Open - Await Response)
State of Arkansas (Open - Await Response)
State of California (Open - Await Response)
State of Colorado (Open - Await Response)
State of Connecticut (Open - Await Response)
State of Delaware (Open - Await Response)
State of Florida (Open - Await Response)
State of Georgia (Open - Await Response)
State of Hawaii (Open - Unacceptable Response)
State of Idaho (Open - Await Response)
State of Illinois (Open - Unacceptable Response)
State of Indiana (Open - Await Response)
State of Iowa (Open - Await Response)
State of Kansas (Open - Await Response)
State of Louisiana (Open - Await Response)
State of Maine (Open - Await Response)
State of Maryland (Open - Await Response)
State of Michigan (Open Acceptable Alternate Response)
State of Minnesota (Open - Await Response)
State of Mississippi (Open - Await Response)
State of Missouri (Open - Await Response)
State of Montana (Open - Await Response)
State of Nebraska (Open - Await Response)
State of Nevada (Open - Await Response)
State of New Hampshire (Open - Await Response)
State of New Jersey (Open - Await Response)
State of New Mexico (Open - Await Response)
State of New York (Open - Await Response)
State of North Carolina (Open - Await Response)
State of North Dakota (Open - Await Response)
State of Ohio (Open - Await Response)
State of Oklahoma (Open - Await Response)
State of Oregon (Open - Unacceptable Response)
State of Rhode Island (Open - Await Response)
State of South Carolina (Open - Await Response)
State of South Dakota (Open - Await Response)
State of Tennessee (Open - Await Response)
State of Texas (Open - Await Response)
State of Utah (Open - Unacceptable Response)
State of Vermont (Open - Await Response)
State of Washington (Open - Acceptable Response)
State of West Virginia (Open - Await Response)
State of Wisconsin (Open - Await Response)
State of Wyoming (Open - Await Response)
Keyword(s):

Safety Recommendation History
From: NTSB
To: District of Columbia
Date: 10/22/2014
Response: The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the your state to take action on the safety recommendation being issued in this letter. On October 8, 2014,the NTSB adopted its report concerning the May 28,2013,accidentin which a Mack Granite three-axle roll-off straight truck carrying a load of debris to a recycling center was struck by a freight train at a highway–railroad grade crossing in Rosedale, Maryland.1 Additional information about this accident and the resulting recommendations may be found in the report of the investigation, which can be accessed at our website, www.ntsb.gov,under report number NTSB/HAR-14/02. As a result of this investigation, the NTSB issued 12new recommendations—to the Federal Motor Carrier Safety Administration (FMCSA),the Federal Railroad Administration, the Association of American Railroads, the American Short Line and Regional Railroad Association, the National Fire Protection Association, and CSX Transportation Company—including the following recommendation to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico: R-14-50 Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.” The NTSB reiterated the following previously issued recommendation to the 50 states and the District of Columbia: H-11-39 (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. The NTSB also reiterated two previously issued recommendations to the FMCSA and reclassified two previously issued recommendations to the US Department of Transportation. These safety recommendations are derived from the NTSB’s investigation and are consistent with the evidence we found and the analysis we performed. Acting Chairman HART and Members SUMWALT, ROSEKIND, and WEENER concurred in these recommendations. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90days detailing the actions you have taken or intend to take to implement them. When replying, please refer to the safety recommendations by number. We encourage you to submit your response electronically to correspondence@ntsb.gov. If it exceeds 10megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.

From: NTSB
To: State of Florida
Date: 10/22/2014
Response: The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the your state to take action on the safety recommendation being issued in this letter. On October 8, 2014,the NTSB adopted its report concerning the May 28,2013,accidentin which a Mack Granite three-axle roll-off straight truck carrying a load of debris to a recycling center was struck by a freight train at a highway–railroad grade crossing in Rosedale, Maryland.1 Additional information about this accident and the resulting recommendations may be found in the report of the investigation, which can be accessed at our website, www.ntsb.gov,under report number NTSB/HAR-14/02. As a result of this investigation, the NTSB issued 12new recommendations—to the Federal Motor Carrier Safety Administration (FMCSA),the Federal Railroad Administration, the Association of American Railroads, the American Short Line and Regional Railroad Association, the National Fire Protection Association, and CSX Transportation Company—including the following recommendation to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico: R-14-50 Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.” The NTSB reiterated the following previously issued recommendation to the 50 states and the District of Columbia: H-11-39 (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. The NTSB also reiterated two previously issued recommendations to the FMCSA and reclassified two previously issued recommendations to the US Department of Transportation. These safety recommendations are derived from the NTSB’s investigation and are consistent with the evidence we found and the analysis we performed. Acting Chairman HART and Members SUMWALT, ROSEKIND, and WEENER concurred in these recommendations. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90days detailing the actions you have taken or intend to take to implement them. When replying, please refer to the safety recommendations by number. We encourage you to submit your response electronically to correspondence@ntsb.gov. If it exceeds 10megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.

From: NTSB
To: State of Georgia
Date: 10/22/2014
Response: The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the your state to take action on the safety recommendation being issued in this letter. On October 8, 2014,the NTSB adopted its report concerning the May 28,2013,accidentin which a Mack Granite three-axle roll-off straight truck carrying a load of debris to a recycling center was struck by a freight train at a highway–railroad grade crossing in Rosedale, Maryland.1 Additional information about this accident and the resulting recommendations may be found in the report of the investigation, which can be accessed at our website, www.ntsb.gov,under report number NTSB/HAR-14/02. As a result of this investigation, the NTSB issued 12new recommendations—to the Federal Motor Carrier Safety Administration (FMCSA),the Federal Railroad Administration, the Association of American Railroads, the American Short Line and Regional Railroad Association, the National Fire Protection Association, and CSX Transportation Company—including the following recommendation to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico: R-14-50 Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.” The NTSB reiterated the following previously issued recommendation to the 50 states and the District of Columbia: H-11-39 (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. The NTSB also reiterated two previously issued recommendations to the FMCSA and reclassified two previously issued recommendations to the US Department of Transportation. These safety recommendations are derived from the NTSB’s investigation and are consistent with the evidence we found and the analysis we performed. Acting Chairman HART and Members SUMWALT, ROSEKIND, and WEENER concurred in these recommendations. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90days detailing the actions you have taken or intend to take to implement them. When replying, please refer to the safety recommendations by number. We encourage you to submit your response electronically to correspondence@ntsb.gov. If it exceeds 10megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.

From: NTSB
To: State of Hawaii
Date: 5/15/2015
Response: We note that you do not plan to enact the recommended legislation because Hawaii has only low-speed tourist-type (Demonstration Railway) trains operating within the state and has received no reports of incidents involving a train and a roadway user within the past 10 years. However, the absence of any recent accident or report of an incident should not discourage you from enacting a safety measure. If even one train is in service, a crossing accident or incident can happen; therefore, we urge you to enact the recommended legislation. Pending our receipt and review of your reply, Safety Recommendation R 14-50 is classified OPEN—UNACCEPTABLE RESPONSE.

From: State of Hawaii
To: NTSB
Date: 2/3/2015
Response: -From David Y. Ige, Governor: Hawaii remains committed to improving highway safety for older drivers. We have reviewed the National Transportation Safety Board's Safety Recommendation R-14-50 that recommends the enacting legislation to adopt all elements of the Federal Railroad Administration's model known as the "Adequate Sight Distance at Passive Highway-Rail Grade Crossing Act and the reiteration of H-11-39 that recommends the prohibition of "the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers, supported by high visibility enforcement and targeted communication campaigns." Regarding the recommendation of R-14-50; Hawaii does not plan to enact legislation to adopt all the elements of the Federal Railroad Administration's model known as the "Adequate Sight Distance at Passive Highway-Rail Grade Crossing Act because Hawaii has (1) only low-speed tourist-type (Demonstration Railway) trains that operate within the State and (2) not had any reported incidents involving these types of trains and any type of roadway user within the past ten (10) years.

From: NTSB
To: State of Idaho
Date: 10/22/2014
Response: The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the your state to take action on the safety recommendation being issued in this letter. On October 8, 2014,the NTSB adopted its report concerning the May 28,2013,accidentin which a Mack Granite three-axle roll-off straight truck carrying a load of debris to a recycling center was struck by a freight train at a highway–railroad grade crossing in Rosedale, Maryland.1 Additional information about this accident and the resulting recommendations may be found in the report of the investigation, which can be accessed at our website, www.ntsb.gov,under report number NTSB/HAR-14/02. As a result of this investigation, the NTSB issued 12new recommendations—to the Federal Motor Carrier Safety Administration (FMCSA),the Federal Railroad Administration, the Association of American Railroads, the American Short Line and Regional Railroad Association, the National Fire Protection Association, and CSX Transportation Company—including the following recommendation to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico: R-14-50 Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.” The NTSB reiterated the following previously issued recommendation to the 50 states and the District of Columbia: H-11-39 (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. The NTSB also reiterated two previously issued recommendations to the FMCSA and reclassified two previously issued recommendations to the US Department of Transportation. These safety recommendations are derived from the NTSB’s investigation and are consistent with the evidence we found and the analysis we performed. Acting Chairman HART and Members SUMWALT, ROSEKIND, and WEENER concurred in these recommendations. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90days detailing the actions you have taken or intend to take to implement them. When replying, please refer to the safety recommendations by number. We encourage you to submit your response electronically to correspondence@ntsb.gov. If it exceeds 10megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.

From: NTSB
To: State of Illinois
Date: 9/24/2015
Response: We note your state’s position that the Illinois Commerce Commission’s current policies adequately address sight distance at public highway-rail grade crossings, and your belief that some of the provisions of the FRA’s model law are impractical. The two elements of the law that Mr. Stead provided as examples are subsections (c)(1) and (2). Subsection (c)(1) concerns providing a list of alternate options to the responsible public agency to mitigate the impact of an obstruction. For example, if removal of an obstruction would be cost-prohibitive or otherwise unfeasible, the responsible public agency could choose to install speed limit signs with a reduced speed or advisory speed signs to improve safety at locations where a limited corner sight distance condition exists. Subsection (c)(2) concerns penalties that the responsible public agency may use in ordering a railroad corporation or other private property owner to remove or otherwise mitigate an obstruction located on private property. Such penalties reflect current civil penalty provisions under state law for the failure of railroad companies to comply with vegetation standards at highway-rail grade crossings. The model law cites several states with these penalties, including Indiana. Our concern in issuing this recommendation is safety at private, as well as public, crossings. Your letter did not address safety at private crossings, and subsection (c)(2), which addresses both private and public crossings, is one of those whose provisions you believe are impractical. We disagree with this position. Rather, we believe that the model legislation contains the essential elements to ensure safety at all highway-railroad grade crossings. Although we acknowledge the safety precautions already in place within the State of Illinois, which constitute a positive step toward satisfying this recommendation, we ask that you reconsider your position and implement measures to improve safety at private, passive highway-railroad grade crossings. Pending our receipt of your reply to this request, including details about how Illinois will ensure safety at private, passive highway-railroad grade crossings as well as at public crossings, Safety Recommendation R-14-50 is classified OPEN—UNACCEPTABLE RESPONSE.

From: State of Illinois
To: NTSB
Date: 4/27/2015
Response: -From Michael E. Stead, Rail Safety Program Administrator, Illinois Commerce Commission, Transportation Bureau, Rail Safety Section: This in response to your letter, dated March 30, 2015, to Governor Bruce Rauner with which you requested an update on the State of Illinois’ plan to enact legislation to address National Transportation Safety Board (NTSB) Safety Recommendation R-14-50. The Governor’s Office has asked me to respond. NTSB Safety Recommendation R-14-50, issued October 22, 2014, calls for states to Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway-Rail Grade Crossings Act.” This office has reviewed the Federal Railroad Administration’s model law to address sight obstructions at passive highway-rail grade crossings. I believe that the Illinois Commerce Commission (ICC) has sufficient requirements and guidelines already in place to address sight obstruction issues (clearing sight distance; stopping sight distance) at unsignalized public grade crossings. In addition, I believe that certain provisions of the FRA’s model legislation [e.g., subsection (c) (1), subsection (2)] are not practical. The ICC has the statutory responsibility to improve safety at public highway-rail crossings in the State of Illinois. The Illinois Commercial Transportation Law (625 ILCS 5/18c-7401) and Ill. Adm. Code 1535.205 (copies of both enclosed), require every railroad to keep its right-of-way reasonably clear of brush, shrubbery, trees, weeds, crops and all unnecessary permanent obstructions for a distance of at least five hundred feet each way from every grade crossing. Also, internal guidelines are in place for ICC staff that are working to address stopping sight distance at unsignalized public grade crossings. In addition to the sight obstructions mentioned in the FRA’s model legislation, ICC staff also considers the presence (or potential for) mature crops in a quadrant of a rural highway/rail intersection, an important factor when reviewing an unsignalized grade crossing for improvements. Illinois is one of the key transportation hubs in the nation. With approximately 7,400 miles of railroad track, the rail system in Illinois is the country’s second largest, including the largest rail freight hub in Chicago. Illinois has the nation’s third largest highway system, with 146,715 miles of highways, streets and roads and 26,601 bridges. Currently, there are 7,710 highway-rail grade crossings in Illinois, of which 5,345 (70%) are equipped with train activated warning devices. There are also 2,673 public highway/rail grade-separated crossings in the state. Nationally, Illinois is second only to Texas in the total number of highway-rail crossings. The ICC orders safety improvements at public highway-rail crossings with the cost of such improvements paid by the state, the railroads, and local governments. On state roads, the Illinois Department of Transportation (IDOT) pays the majority of the costs through the State Road Fund. For local roads, the Grade Crossing Protection Fund (GCPF) was created to pay the majority of the costs of improvements. The ICC’s Rail Safety Improvement Program, utilizing the GCPF, assists local jurisdictions (counties, township and municipalities) in paying for safety improvements at public highway-rail crossings of local roads and streets. Every year the ICC authorizes safety improvements at over 160 public highway-rail crossings, including the installation of automatic warning devices at over 50 crossings. The GCPF provides $39 million in assistance to local jurisdictions for the following types of projects: • Warning Device Upgrades: Installation of automatic flashing light signals and gates at public grade crossings currently not equipped with automatic warning devices; installation of automatic flashing light signals and gates at public grade crossings currently equipped only with automatic flashing light signals; signal circuitry improvements at public grade crossings currently equipped with automatic warning devices; • Grade Separations - New and Reconstructed: Construction, reconstruction, or repair of bridges carrying a local road or street over railroad tracks (overpass); construction, reconstruction, or repair of bridges carrying railroad tracks over a local road or street (subway); • Grade Separations - Vertical Clearance Improvements: Lowering the existing highway pavement surface under a railroad bridge to improve vertical clearance for motor vehicles; • Pedestrian Grade Separations: Construction of a bridge to carry pedestrian/bicycle traffic over or under railroad tracks; • Interconnects: Upgrading the circuitry at grade crossings where warning signals are connected to the adjacent traffic signals so that the two systems operate in a synchronized manner; • Highway Approaches: Improvements to the portion of the public roadway directly adjacent to the crossing surface; • Connecting Roads: Construction of a roadway between a closed crossing and an adjacent open, improved crossing; • Remote Monitoring Devices: Sensor devices in the circuitry of grade crossing warning devices which immediately alert the railroad to any failures in warning device operations; • Crossing Closures: Incentive payments to local agencies for the voluntarily closure of public highway-rail grade crossings; and Crossing Surface Renewals: Up to $2 million in assistance annually for crossing surface improvements.

From: NTSB
To: State of Illinois
Date: 3/30/2015
Response: Ms. Borggren stated that IDOT has no jurisdiction over rail safety and that she had forwarded our safety recommendation letter to Mr. Mike Stead, Rail Safety Administrator, Illinois Commerce Commission (ICC), for response. We appreciate IDOT’s assistance and look forward to hearing from the ICC. We point out, however, that we recommended that Illinois enact legislation, which we expect is not within the jurisdiction of the ICC. Pending a reply regarding your plans to enact the recommended legislation, Safety Recommendation R 14 50 remains classified OPEN—AWAIT RESPONSE.

From: State of Illinois
To: NTSB
Date: 11/12/2014
Response: -From Erica J. Borggren, Acting Secretary: Thank you for your letter of October 22, 2014 to Governor Pat Quinn regarding the National Transportation Safety Board's concerns with an accident involving a straight truck that was struck by a freight train at a highway-railroad grade crossing in Maryland on May 28, 2013. Governor Quinn has asked that we respond. The Illinois Department of Transportation (IDOT) is committed to establishing safe practices for commercial motor vehicles. We will continue to enforce current laws, share your concerns with industry and monitor any additional issues that arise related to this matter. The recommendation, (R-14-50) is a federal issue and I DOT has no jurisdiction over railroad safety. That is the domain of the Federal Railroad Administration and the Illinois Commerce Commission. We have taken the liberty of forwarding your letter to Mr. Mike Stead, Rail Safety Administrator of the Illinois Commerce Commission, for his response. Illinois shares your concerns regarding the use of electronic communication devices while driving as stated in recommendation H-14-13. Section 12-610.2 of the Illinois Vehicle Code [6251LCS 5/12-610.2] (passed July 20, 2012), prohibits the use of electronic communication devices by all drivers in Illinois. At this time, IDOT does not have a distracted driving enforcement campaign. IDOT's Division of Transportation Safety submitted certifications and assurances with the FY 2014 and FY 2015 Highway Safety Plans for this funding. To date, Illinois was not awarded distracted driving funding because the National Highway Traffic Safety Administration determined that our distracted driving laws did not meet the criteria. However, our law enforcement grantees include the distracted driving law during all of the seat belt and impaired campaigns. Additionally, the distracted driving message is included at numerous statewide IDOT outreach events, as well as on electronic message boards throughout the interstates in Illinois.

From: NTSB
To: State of Indiana
Date: 10/22/2014
Response: The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the your state to take action on the safety recommendation being issued in this letter. On October 8, 2014,the NTSB adopted its report concerning the May 28,2013,accidentin which a Mack Granite three-axle roll-off straight truck carrying a load of debris to a recycling center was struck by a freight train at a highway–railroad grade crossing in Rosedale, Maryland.1 Additional information about this accident and the resulting recommendations may be found in the report of the investigation, which can be accessed at our website, www.ntsb.gov,under report number NTSB/HAR-14/02. As a result of this investigation, the NTSB issued 12new recommendations—to the Federal Motor Carrier Safety Administration (FMCSA),the Federal Railroad Administration, the Association of American Railroads, the American Short Line and Regional Railroad Association, the National Fire Protection Association, and CSX Transportation Company—including the following recommendation to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico: R-14-50 Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.” The NTSB reiterated the following previously issued recommendation to the 50 states and the District of Columbia: H-11-39 (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. The NTSB also reiterated two previously issued recommendations to the FMCSA and reclassified two previously issued recommendations to the US Department of Transportation. These safety recommendations are derived from the NTSB’s investigation and are consistent with the evidence we found and the analysis we performed. Acting Chairman HART and Members SUMWALT, ROSEKIND, and WEENER concurred in these recommendations. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90days detailing the actions you have taken or intend to take to implement them. When replying, please refer to the safety recommendations by number. We encourage you to submit your response electronically to correspondence@ntsb.gov. If it exceeds 10megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.

From: NTSB
To: State of Iowa
Date: 10/22/2014
Response: The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the your state to take action on the safety recommendation being issued in this letter. On October 8, 2014,the NTSB adopted its report concerning the May 28,2013,accidentin which a Mack Granite three-axle roll-off straight truck carrying a load of debris to a recycling center was struck by a freight train at a highway–railroad grade crossing in Rosedale, Maryland.1 Additional information about this accident and the resulting recommendations may be found in the report of the investigation, which can be accessed at our website, www.ntsb.gov,under report number NTSB/HAR-14/02. As a result of this investigation, the NTSB issued 12new recommendations—to the Federal Motor Carrier Safety Administration (FMCSA),the Federal Railroad Administration, the Association of American Railroads, the American Short Line and Regional Railroad Association, the National Fire Protection Association, and CSX Transportation Company—including the following recommendation to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico: R-14-50 Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.” The NTSB reiterated the following previously issued recommendation to the 50 states and the District of Columbia: H-11-39 (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. The NTSB also reiterated two previously issued recommendations to the FMCSA and reclassified two previously issued recommendations to the US Department of Transportation. These safety recommendations are derived from the NTSB’s investigation and are consistent with the evidence we found and the analysis we performed. Acting Chairman HART and Members SUMWALT, ROSEKIND, and WEENER concurred in these recommendations. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90days detailing the actions you have taken or intend to take to implement them. When replying, please refer to the safety recommendations by number. We encourage you to submit your response electronically to correspondence@ntsb.gov. If it exceeds 10megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.

From: NTSB
To: State of Kansas
Date: 10/22/2014
Response: The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the your state to take action on the safety recommendation being issued in this letter. On October 8, 2014,the NTSB adopted its report concerning the May 28,2013,accidentin which a Mack Granite three-axle roll-off straight truck carrying a load of debris to a recycling center was struck by a freight train at a highway–railroad grade crossing in Rosedale, Maryland.1 Additional information about this accident and the resulting recommendations may be found in the report of the investigation, which can be accessed at our website, www.ntsb.gov,under report number NTSB/HAR-14/02. As a result of this investigation, the NTSB issued 12new recommendations—to the Federal Motor Carrier Safety Administration (FMCSA),the Federal Railroad Administration, the Association of American Railroads, the American Short Line and Regional Railroad Association, the National Fire Protection Association, and CSX Transportation Company—including the following recommendation to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico: R-14-50 Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.” The NTSB reiterated the following previously issued recommendation to the 50 states and the District of Columbia: H-11-39 (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. The NTSB also reiterated two previously issued recommendations to the FMCSA and reclassified two previously issued recommendations to the US Department of Transportation. These safety recommendations are derived from the NTSB’s investigation and are consistent with the evidence we found and the analysis we performed. Acting Chairman HART and Members SUMWALT, ROSEKIND, and WEENER concurred in these recommendations. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90days detailing the actions you have taken or intend to take to implement them. When replying, please refer to the safety recommendations by number. We encourage you to submit your response electronically to correspondence@ntsb.gov. If it exceeds 10megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.

From: NTSB
To: Commonwealth of Kentucky
Date: 10/22/2014
Response: The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the your state to take action on the safety recommendation being issued in this letter. On October 8, 2014,the NTSB adopted its report concerning the May 28,2013,accidentin which a Mack Granite three-axle roll-off straight truck carrying a load of debris to a recycling center was struck by a freight train at a highway–railroad grade crossing in Rosedale, Maryland.1 Additional information about this accident and the resulting recommendations may be found in the report of the investigation, which can be accessed at our website, www.ntsb.gov,under report number NTSB/HAR-14/02. As a result of this investigation, the NTSB issued 12new recommendations—to the Federal Motor Carrier Safety Administration (FMCSA),the Federal Railroad Administration, the Association of American Railroads, the American Short Line and Regional Railroad Association, the National Fire Protection Association, and CSX Transportation Company—including the following recommendation to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico: R-14-50 Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.” The NTSB reiterated the following previously issued recommendation to the 50 states and the District of Columbia: H-11-39 (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. The NTSB also reiterated two previously issued recommendations to the FMCSA and reclassified two previously issued recommendations to the US Department of Transportation. These safety recommendations are derived from the NTSB’s investigation and are consistent with the evidence we found and the analysis we performed. Acting Chairman HART and Members SUMWALT, ROSEKIND, and WEENER concurred in these recommendations. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90days detailing the actions you have taken or intend to take to implement them. When replying, please refer to the safety recommendations by number. We encourage you to submit your response electronically to correspondence@ntsb.gov. If it exceeds 10megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.

From: NTSB
To: State of Louisiana
Date: 10/22/2014
Response: The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the your state to take action on the safety recommendation being issued in this letter. On October 8, 2014,the NTSB adopted its report concerning the May 28,2013,accidentin which a Mack Granite three-axle roll-off straight truck carrying a load of debris to a recycling center was struck by a freight train at a highway–railroad grade crossing in Rosedale, Maryland.1 Additional information about this accident and the resulting recommendations may be found in the report of the investigation, which can be accessed at our website, www.ntsb.gov,under report number NTSB/HAR-14/02. As a result of this investigation, the NTSB issued 12new recommendations—to the Federal Motor Carrier Safety Administration (FMCSA),the Federal Railroad Administration, the Association of American Railroads, the American Short Line and Regional Railroad Association, the National Fire Protection Association, and CSX Transportation Company—including the following recommendation to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico: R-14-50 Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.” The NTSB reiterated the following previously issued recommendation to the 50 states and the District of Columbia: H-11-39 (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. The NTSB also reiterated two previously issued recommendations to the FMCSA and reclassified two previously issued recommendations to the US Department of Transportation. These safety recommendations are derived from the NTSB’s investigation and are consistent with the evidence we found and the analysis we performed. Acting Chairman HART and Members SUMWALT, ROSEKIND, and WEENER concurred in these recommendations. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90days detailing the actions you have taken or intend to take to implement them. When replying, please refer to the safety recommendations by number. We encourage you to submit your response electronically to correspondence@ntsb.gov. If it exceeds 10megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.

From: NTSB
To: State of Maine
Date: 10/22/2014
Response: The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the your state to take action on the safety recommendation being issued in this letter. On October 8, 2014,the NTSB adopted its report concerning the May 28,2013,accidentin which a Mack Granite three-axle roll-off straight truck carrying a load of debris to a recycling center was struck by a freight train at a highway–railroad grade crossing in Rosedale, Maryland.1 Additional information about this accident and the resulting recommendations may be found in the report of the investigation, which can be accessed at our website, www.ntsb.gov,under report number NTSB/HAR-14/02. As a result of this investigation, the NTSB issued 12new recommendations—to the Federal Motor Carrier Safety Administration (FMCSA),the Federal Railroad Administration, the Association of American Railroads, the American Short Line and Regional Railroad Association, the National Fire Protection Association, and CSX Transportation Company—including the following recommendation to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico: R-14-50 Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.” The NTSB reiterated the following previously issued recommendation to the 50 states and the District of Columbia: H-11-39 (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. The NTSB also reiterated two previously issued recommendations to the FMCSA and reclassified two previously issued recommendations to the US Department of Transportation. These safety recommendations are derived from the NTSB’s investigation and are consistent with the evidence we found and the analysis we performed. Acting Chairman HART and Members SUMWALT, ROSEKIND, and WEENER concurred in these recommendations. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90days detailing the actions you have taken or intend to take to implement them. When replying, please refer to the safety recommendations by number. We encourage you to submit your response electronically to correspondence@ntsb.gov. If it exceeds 10megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.

From: NTSB
To: State of Maryland
Date: 10/22/2014
Response: The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the your state to take action on the safety recommendation being issued in this letter. On October 8, 2014,the NTSB adopted its report concerning the May 28,2013,accidentin which a Mack Granite three-axle roll-off straight truck carrying a load of debris to a recycling center was struck by a freight train at a highway–railroad grade crossing in Rosedale, Maryland.1 Additional information about this accident and the resulting recommendations may be found in the report of the investigation, which can be accessed at our website, www.ntsb.gov,under report number NTSB/HAR-14/02. As a result of this investigation, the NTSB issued 12new recommendations—to the Federal Motor Carrier Safety Administration (FMCSA),the Federal Railroad Administration, the Association of American Railroads, the American Short Line and Regional Railroad Association, the National Fire Protection Association, and CSX Transportation Company—including the following recommendation to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico: R-14-50 Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.” The NTSB reiterated the following previously issued recommendation to the 50 states and the District of Columbia: H-11-39 (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. The NTSB also reiterated two previously issued recommendations to the FMCSA and reclassified two previously issued recommendations to the US Department of Transportation. These safety recommendations are derived from the NTSB’s investigation and are consistent with the evidence we found and the analysis we performed. Acting Chairman HART and Members SUMWALT, ROSEKIND, and WEENER concurred in these recommendations. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90days detailing the actions you have taken or intend to take to implement them. When replying, please refer to the safety recommendations by number. We encourage you to submit your response electronically to correspondence@ntsb.gov. If it exceeds 10megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.

From: NTSB
To: Commonwealth of Massachusetts
Date: 10/22/2014
Response: The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the your state to take action on the safety recommendation being issued in this letter. On October 8, 2014,the NTSB adopted its report concerning the May 28,2013,accidentin which a Mack Granite three-axle roll-off straight truck carrying a load of debris to a recycling center was struck by a freight train at a highway–railroad grade crossing in Rosedale, Maryland.1 Additional information about this accident and the resulting recommendations may be found in the report of the investigation, which can be accessed at our website, www.ntsb.gov,under report number NTSB/HAR-14/02. As a result of this investigation, the NTSB issued 12new recommendations—to the Federal Motor Carrier Safety Administration (FMCSA),the Federal Railroad Administration, the Association of American Railroads, the American Short Line and Regional Railroad Association, the National Fire Protection Association, and CSX Transportation Company—including the following recommendation to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico: R-14-50 Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.” The NTSB reiterated the following previously issued recommendation to the 50 states and the District of Columbia: H-11-39 (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. The NTSB also reiterated two previously issued recommendations to the FMCSA and reclassified two previously issued recommendations to the US Department of Transportation. These safety recommendations are derived from the NTSB’s investigation and are consistent with the evidence we found and the analysis we performed. Acting Chairman HART and Members SUMWALT, ROSEKIND, and WEENER concurred in these recommendations. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90days detailing the actions you have taken or intend to take to implement them. When replying, please refer to the safety recommendations by number. We encourage you to submit your response electronically to correspondence@ntsb.gov. If it exceeds 10megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.

From: State of Michigan
To: NTSB
Date: 3/30/2015
Response: -From Kirk T. Steudle, Director: Governor Snyder asked me to respond to your letter of March 12, 2015, regarding Safety Recommendation R-14-50 from the National Transportation Safety Board (NTSB). The Michigan Department of Transportation (MDOT) is pleased that Michigan law currently satisfies the recommendation for public railroad crossings. We understand your desire to have MDOT regulate private crossings to satisfy the recommendation and we will keep NTSB informed (through electronic submittal) of any changes to state law that would allow us to do so.

From: NTSB
To: State of Michigan
Date: 3/12/2015
Response: We note that MDOT has regulatory authority over all public railroad crossings in Michigan, per the Railroad Code of 1993 (MCL 462.101 et al.), which satisfies the recommendation for public highway-rail crossings. However, our intent in issuing this recommendation is for Michigan to have authority over private, as well as public, highway-rail crossings. Accordingly, we encourage you to consider extending your current authority and regulations to include private crossings. Alternatively, if you can explain to us how current law, policy, or regulation addresses the recommendation for private crossings, we will consider this information in classifying the recommendation. In the meantime, pending the adoption of all elements of the recommended legislation for both private and public highway-rail grade crossings, Safety Recommendation R 14-50 is classified OPEN—ACCEPTABLE ALTERNATE RESPONSE.

From: State of Michigan
To: NTSB
Date: 11/13/2014
Response: -From Kirk T. Steudle, Director, Michigan Department of Transportation: MDOT has regulatory authority over all public at-grade railroad crossings in the state, per the Railroad Code of 1993 (MCL 462.101 et al.). This authority allows MOOT to perform most of the functions listed in the proposed "Adequate Sight Distance at Passive Highway-Rail Grade Crossings Act." MDOT utilizes Railroad Safety Inspectors (Inspectors) to conduct on-site maintenance reviews at all public at-grade railroad crossings approximately every two years, and diagnostic study team reviews (DSTRs) as needed. Sight distances are reviewed and evaluated during all DSTRs and on-site reviews. Inspectors determine down-track sight distances (taken from stop bars) and down-highway sight distances (taken from roadway approaches) by utilizing sight distance formulas obtained from the American Association of State Highway and Transportation Officials' geometric book. MDOT has the ability to issue legal orders to railroads and road authorities to correct sight distance deficiencies. If a sight distance deficiency is created by unmovable structures such as buildings, etc., automatic warning devices may be ordered to protect the crossing. MOOT can enforce financial penalties against railroads and/or road authorities that fail to comply with orders. The Michigan Vehicle Code requires all vehicles to stop not more than 50 feet, but not less than 15 feet, from railroad tracks at passive crossings with stop signs, and also prohibits vehicles from parking within 50 feet of the nearest rail of a crossing. When Inspectors observe standing rail equipment, such as stored rail cars blocking motorists' down-track vision, they notify the operating railroad to ensure the equipment is relocated to allow clear sight distances. MDOT has worked diligently to ensure that all private crossings on the high-speed rail corridor, between Kalamazoo (Mile Marker 143.2) and Dearborn (Mile Marker 7.6), Michigan, where trains exceed speeds of 79 miles per hour have been closed or upgraded with automatic warning devices. We also oversee a weed spray program that affects all crossings on the high-speed rail line and approximately 535 miles of other state-owned rail line. This program helps prevent vegetation growth at crossings. While MDOT does not have regulatory authority over private railroad crossings, our Inspectors work with road authorities and private industries to remove vegetation obstructing crossings. Our state is fortunate to have a very active Operation Lifesaver Program that educates the public on safety at railroad crossings and promotes the "Look, Listen, Live" message. MDOT agrees that clear sight distances at crossings is a very important issue and will continue to work diligently to address these issues.

From: NTSB
To: State of Minnesota
Date: 10/22/2014
Response: The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the your state to take action on the safety recommendation being issued in this letter. On October 8, 2014,the NTSB adopted its report concerning the May 28,2013,accidentin which a Mack Granite three-axle roll-off straight truck carrying a load of debris to a recycling center was struck by a freight train at a highway–railroad grade crossing in Rosedale, Maryland.1 Additional information about this accident and the resulting recommendations may be found in the report of the investigation, which can be accessed at our website, www.ntsb.gov,under report number NTSB/HAR-14/02. As a result of this investigation, the NTSB issued 12new recommendations—to the Federal Motor Carrier Safety Administration (FMCSA),the Federal Railroad Administration, the Association of American Railroads, the American Short Line and Regional Railroad Association, the National Fire Protection Association, and CSX Transportation Company—including the following recommendation to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico: R-14-50 Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.” The NTSB reiterated the following previously issued recommendation to the 50 states and the District of Columbia: H-11-39 (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. The NTSB also reiterated two previously issued recommendations to the FMCSA and reclassified two previously issued recommendations to the US Department of Transportation. These safety recommendations are derived from the NTSB’s investigation and are consistent with the evidence we found and the analysis we performed. Acting Chairman HART and Members SUMWALT, ROSEKIND, and WEENER concurred in these recommendations. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90days detailing the actions you have taken or intend to take to implement them. When replying, please refer to the safety recommendations by number. We encourage you to submit your response electronically to correspondence@ntsb.gov. If it exceeds 10megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.

From: NTSB
To: State of Mississippi
Date: 10/22/2014
Response: The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the your state to take action on the safety recommendation being issued in this letter. On October 8, 2014,the NTSB adopted its report concerning the May 28,2013,accidentin which a Mack Granite three-axle roll-off straight truck carrying a load of debris to a recycling center was struck by a freight train at a highway–railroad grade crossing in Rosedale, Maryland.1 Additional information about this accident and the resulting recommendations may be found in the report of the investigation, which can be accessed at our website, www.ntsb.gov,under report number NTSB/HAR-14/02. As a result of this investigation, the NTSB issued 12new recommendations—to the Federal Motor Carrier Safety Administration (FMCSA),the Federal Railroad Administration, the Association of American Railroads, the American Short Line and Regional Railroad Association, the National Fire Protection Association, and CSX Transportation Company—including the following recommendation to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico: R-14-50 Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.” The NTSB reiterated the following previously issued recommendation to the 50 states and the District of Columbia: H-11-39 (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. The NTSB also reiterated two previously issued recommendations to the FMCSA and reclassified two previously issued recommendations to the US Department of Transportation. These safety recommendations are derived from the NTSB’s investigation and are consistent with the evidence we found and the analysis we performed. Acting Chairman HART and Members SUMWALT, ROSEKIND, and WEENER concurred in these recommendations. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90days detailing the actions you have taken or intend to take to implement them. When replying, please refer to the safety recommendations by number. We encourage you to submit your response electronically to correspondence@ntsb.gov. If it exceeds 10megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.

From: NTSB
To: State of Missouri
Date: 10/22/2014
Response: The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the your state to take action on the safety recommendation being issued in this letter. On October 8, 2014,the NTSB adopted its report concerning the May 28,2013,accidentin which a Mack Granite three-axle roll-off straight truck carrying a load of debris to a recycling center was struck by a freight train at a highway–railroad grade crossing in Rosedale, Maryland.1 Additional information about this accident and the resulting recommendations may be found in the report of the investigation, which can be accessed at our website, www.ntsb.gov,under report number NTSB/HAR-14/02. As a result of this investigation, the NTSB issued 12new recommendations—to the Federal Motor Carrier Safety Administration (FMCSA),the Federal Railroad Administration, the Association of American Railroads, the American Short Line and Regional Railroad Association, the National Fire Protection Association, and CSX Transportation Company—including the following recommendation to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico: R-14-50 Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.” The NTSB reiterated the following previously issued recommendation to the 50 states and the District of Columbia: H-11-39 (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. The NTSB also reiterated two previously issued recommendations to the FMCSA and reclassified two previously issued recommendations to the US Department of Transportation. These safety recommendations are derived from the NTSB’s investigation and are consistent with the evidence we found and the analysis we performed. Acting Chairman HART and Members SUMWALT, ROSEKIND, and WEENER concurred in these recommendations. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90days detailing the actions you have taken or intend to take to implement them. When replying, please refer to the safety recommendations by number. We encourage you to submit your response electronically to correspondence@ntsb.gov. If it exceeds 10megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.

From: NTSB
To: State of Montana
Date: 10/22/2014
Response: The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the your state to take action on the safety recommendation being issued in this letter. On October 8, 2014,the NTSB adopted its report concerning the May 28,2013,accidentin which a Mack Granite three-axle roll-off straight truck carrying a load of debris to a recycling center was struck by a freight train at a highway–railroad grade crossing in Rosedale, Maryland.1 Additional information about this accident and the resulting recommendations may be found in the report of the investigation, which can be accessed at our website, www.ntsb.gov,under report number NTSB/HAR-14/02. As a result of this investigation, the NTSB issued 12new recommendations—to the Federal Motor Carrier Safety Administration (FMCSA),the Federal Railroad Administration, the Association of American Railroads, the American Short Line and Regional Railroad Association, the National Fire Protection Association, and CSX Transportation Company—including the following recommendation to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico: R-14-50 Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.” The NTSB reiterated the following previously issued recommendation to the 50 states and the District of Columbia: H-11-39 (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. The NTSB also reiterated two previously issued recommendations to the FMCSA and reclassified two previously issued recommendations to the US Department of Transportation. These safety recommendations are derived from the NTSB’s investigation and are consistent with the evidence we found and the analysis we performed. Acting Chairman HART and Members SUMWALT, ROSEKIND, and WEENER concurred in these recommendations. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90days detailing the actions you have taken or intend to take to implement them. When replying, please refer to the safety recommendations by number. We encourage you to submit your response electronically to correspondence@ntsb.gov. If it exceeds 10megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.

From: NTSB
To: State of Nebraska
Date: 10/22/2014
Response: The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the your state to take action on the safety recommendation being issued in this letter. On October 8, 2014,the NTSB adopted its report concerning the May 28,2013,accidentin which a Mack Granite three-axle roll-off straight truck carrying a load of debris to a recycling center was struck by a freight train at a highway–railroad grade crossing in Rosedale, Maryland.1 Additional information about this accident and the resulting recommendations may be found in the report of the investigation, which can be accessed at our website, www.ntsb.gov,under report number NTSB/HAR-14/02. As a result of this investigation, the NTSB issued 12new recommendations—to the Federal Motor Carrier Safety Administration (FMCSA),the Federal Railroad Administration, the Association of American Railroads, the American Short Line and Regional Railroad Association, the National Fire Protection Association, and CSX Transportation Company—including the following recommendation to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico: R-14-50 Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.” The NTSB reiterated the following previously issued recommendation to the 50 states and the District of Columbia: H-11-39 (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. The NTSB also reiterated two previously issued recommendations to the FMCSA and reclassified two previously issued recommendations to the US Department of Transportation. These safety recommendations are derived from the NTSB’s investigation and are consistent with the evidence we found and the analysis we performed. Acting Chairman HART and Members SUMWALT, ROSEKIND, and WEENER concurred in these recommendations. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90days detailing the actions you have taken or intend to take to implement them. When replying, please refer to the safety recommendations by number. We encourage you to submit your response electronically to correspondence@ntsb.gov. If it exceeds 10megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.

From: NTSB
To: State of Nevada
Date: 10/22/2014
Response: The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the your state to take action on the safety recommendation being issued in this letter. On October 8, 2014,the NTSB adopted its report concerning the May 28,2013,accidentin which a Mack Granite three-axle roll-off straight truck carrying a load of debris to a recycling center was struck by a freight train at a highway–railroad grade crossing in Rosedale, Maryland.1 Additional information about this accident and the resulting recommendations may be found in the report of the investigation, which can be accessed at our website, www.ntsb.gov,under report number NTSB/HAR-14/02. As a result of this investigation, the NTSB issued 12new recommendations—to the Federal Motor Carrier Safety Administration (FMCSA),the Federal Railroad Administration, the Association of American Railroads, the American Short Line and Regional Railroad Association, the National Fire Protection Association, and CSX Transportation Company—including the following recommendation to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico: R-14-50 Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.” The NTSB reiterated the following previously issued recommendation to the 50 states and the District of Columbia: H-11-39 (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. The NTSB also reiterated two previously issued recommendations to the FMCSA and reclassified two previously issued recommendations to the US Department of Transportation. These safety recommendations are derived from the NTSB’s investigation and are consistent with the evidence we found and the analysis we performed. Acting Chairman HART and Members SUMWALT, ROSEKIND, and WEENER concurred in these recommendations. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90days detailing the actions you have taken or intend to take to implement them. When replying, please refer to the safety recommendations by number. We encourage you to submit your response electronically to correspondence@ntsb.gov. If it exceeds 10megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.

From: NTSB
To: State of New Hampshire
Date: 10/22/2014
Response: The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the your state to take action on the safety recommendation being issued in this letter. On October 8, 2014,the NTSB adopted its report concerning the May 28,2013,accidentin which a Mack Granite three-axle roll-off straight truck carrying a load of debris to a recycling center was struck by a freight train at a highway–railroad grade crossing in Rosedale, Maryland.1 Additional information about this accident and the resulting recommendations may be found in the report of the investigation, which can be accessed at our website, www.ntsb.gov,under report number NTSB/HAR-14/02. As a result of this investigation, the NTSB issued 12new recommendations—to the Federal Motor Carrier Safety Administration (FMCSA),the Federal Railroad Administration, the Association of American Railroads, the American Short Line and Regional Railroad Association, the National Fire Protection Association, and CSX Transportation Company—including the following recommendation to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico: R-14-50 Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.” The NTSB reiterated the following previously issued recommendation to the 50 states and the District of Columbia: H-11-39 (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. The NTSB also reiterated two previously issued recommendations to the FMCSA and reclassified two previously issued recommendations to the US Department of Transportation. These safety recommendations are derived from the NTSB’s investigation and are consistent with the evidence we found and the analysis we performed. Acting Chairman HART and Members SUMWALT, ROSEKIND, and WEENER concurred in these recommendations. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90days detailing the actions you have taken or intend to take to implement them. When replying, please refer to the safety recommendations by number. We encourage you to submit your response electronically to correspondence@ntsb.gov. If it exceeds 10megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.

From: NTSB
To: State of New Jersey
Date: 10/22/2014
Response: The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the your state to take action on the safety recommendation being issued in this letter. On October 8, 2014,the NTSB adopted its report concerning the May 28,2013,accidentin which a Mack Granite three-axle roll-off straight truck carrying a load of debris to a recycling center was struck by a freight train at a highway–railroad grade crossing in Rosedale, Maryland.1 Additional information about this accident and the resulting recommendations may be found in the report of the investigation, which can be accessed at our website, www.ntsb.gov,under report number NTSB/HAR-14/02. As a result of this investigation, the NTSB issued 12new recommendations—to the Federal Motor Carrier Safety Administration (FMCSA),the Federal Railroad Administration, the Association of American Railroads, the American Short Line and Regional Railroad Association, the National Fire Protection Association, and CSX Transportation Company—including the following recommendation to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico: R-14-50 Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.” The NTSB reiterated the following previously issued recommendation to the 50 states and the District of Columbia: H-11-39 (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. The NTSB also reiterated two previously issued recommendations to the FMCSA and reclassified two previously issued recommendations to the US Department of Transportation. These safety recommendations are derived from the NTSB’s investigation and are consistent with the evidence we found and the analysis we performed. Acting Chairman HART and Members SUMWALT, ROSEKIND, and WEENER concurred in these recommendations. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90days detailing the actions you have taken or intend to take to implement them. When replying, please refer to the safety recommendations by number. We encourage you to submit your response electronically to correspondence@ntsb.gov. If it exceeds 10megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.

From: NTSB
To: State of New Mexico
Date: 10/22/2014
Response: The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the your state to take action on the safety recommendation being issued in this letter. On October 8, 2014,the NTSB adopted its report concerning the May 28,2013,accidentin which a Mack Granite three-axle roll-off straight truck carrying a load of debris to a recycling center was struck by a freight train at a highway–railroad grade crossing in Rosedale, Maryland.1 Additional information about this accident and the resulting recommendations may be found in the report of the investigation, which can be accessed at our website, www.ntsb.gov,under report number NTSB/HAR-14/02. As a result of this investigation, the NTSB issued 12new recommendations—to the Federal Motor Carrier Safety Administration (FMCSA),the Federal Railroad Administration, the Association of American Railroads, the American Short Line and Regional Railroad Association, the National Fire Protection Association, and CSX Transportation Company—including the following recommendation to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico: R-14-50 Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.” The NTSB reiterated the following previously issued recommendation to the 50 states and the District of Columbia: H-11-39 (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. The NTSB also reiterated two previously issued recommendations to the FMCSA and reclassified two previously issued recommendations to the US Department of Transportation. These safety recommendations are derived from the NTSB’s investigation and are consistent with the evidence we found and the analysis we performed. Acting Chairman HART and Members SUMWALT, ROSEKIND, and WEENER concurred in these recommendations. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90days detailing the actions you have taken or intend to take to implement them. When replying, please refer to the safety recommendations by number. We encourage you to submit your response electronically to correspondence@ntsb.gov. If it exceeds 10megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.

From: NTSB
To: State of New York
Date: 10/22/2014
Response: The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the your state to take action on the safety recommendation being issued in this letter. On October 8, 2014,the NTSB adopted its report concerning the May 28,2013,accidentin which a Mack Granite three-axle roll-off straight truck carrying a load of debris to a recycling center was struck by a freight train at a highway–railroad grade crossing in Rosedale, Maryland.1 Additional information about this accident and the resulting recommendations may be found in the report of the investigation, which can be accessed at our website, www.ntsb.gov,under report number NTSB/HAR-14/02. As a result of this investigation, the NTSB issued 12new recommendations—to the Federal Motor Carrier Safety Administration (FMCSA),the Federal Railroad Administration, the Association of American Railroads, the American Short Line and Regional Railroad Association, the National Fire Protection Association, and CSX Transportation Company—including the following recommendation to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico: R-14-50 Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.” The NTSB reiterated the following previously issued recommendation to the 50 states and the District of Columbia: H-11-39 (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. The NTSB also reiterated two previously issued recommendations to the FMCSA and reclassified two previously issued recommendations to the US Department of Transportation. These safety recommendations are derived from the NTSB’s investigation and are consistent with the evidence we found and the analysis we performed. Acting Chairman HART and Members SUMWALT, ROSEKIND, and WEENER concurred in these recommendations. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90days detailing the actions you have taken or intend to take to implement them. When replying, please refer to the safety recommendations by number. We encourage you to submit your response electronically to correspondence@ntsb.gov. If it exceeds 10megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.

From: NTSB
To: State of North Carolina
Date: 10/22/2014
Response: The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the your state to take action on the safety recommendation being issued in this letter. On October 8, 2014,the NTSB adopted its report concerning the May 28,2013,accidentin which a Mack Granite three-axle roll-off straight truck carrying a load of debris to a recycling center was struck by a freight train at a highway–railroad grade crossing in Rosedale, Maryland.1 Additional information about this accident and the resulting recommendations may be found in the report of the investigation, which can be accessed at our website, www.ntsb.gov,under report number NTSB/HAR-14/02. As a result of this investigation, the NTSB issued 12new recommendations—to the Federal Motor Carrier Safety Administration (FMCSA),the Federal Railroad Administration, the Association of American Railroads, the American Short Line and Regional Railroad Association, the National Fire Protection Association, and CSX Transportation Company—including the following recommendation to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico: R-14-50 Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.” The NTSB reiterated the following previously issued recommendation to the 50 states and the District of Columbia: H-11-39 (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. The NTSB also reiterated two previously issued recommendations to the FMCSA and reclassified two previously issued recommendations to the US Department of Transportation. These safety recommendations are derived from the NTSB’s investigation and are consistent with the evidence we found and the analysis we performed. Acting Chairman HART and Members SUMWALT, ROSEKIND, and WEENER concurred in these recommendations. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90days detailing the actions you have taken or intend to take to implement them. When replying, please refer to the safety recommendations by number. We encourage you to submit your response electronically to correspondence@ntsb.gov. If it exceeds 10megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.

From: NTSB
To: State of North Dakota
Date: 10/22/2014
Response: The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the your state to take action on the safety recommendation being issued in this letter. On October 8, 2014,the NTSB adopted its report concerning the May 28,2013,accidentin which a Mack Granite three-axle roll-off straight truck carrying a load of debris to a recycling center was struck by a freight train at a highway–railroad grade crossing in Rosedale, Maryland.1 Additional information about this accident and the resulting recommendations may be found in the report of the investigation, which can be accessed at our website, www.ntsb.gov,under report number NTSB/HAR-14/02. As a result of this investigation, the NTSB issued 12new recommendations—to the Federal Motor Carrier Safety Administration (FMCSA),the Federal Railroad Administration, the Association of American Railroads, the American Short Line and Regional Railroad Association, the National Fire Protection Association, and CSX Transportation Company—including the following recommendation to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico: R-14-50 Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.” The NTSB reiterated the following previously issued recommendation to the 50 states and the District of Columbia: H-11-39 (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. The NTSB also reiterated two previously issued recommendations to the FMCSA and reclassified two previously issued recommendations to the US Department of Transportation. These safety recommendations are derived from the NTSB’s investigation and are consistent with the evidence we found and the analysis we performed. Acting Chairman HART and Members SUMWALT, ROSEKIND, and WEENER concurred in these recommendations. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90days detailing the actions you have taken or intend to take to implement them. When replying, please refer to the safety recommendations by number. We encourage you to submit your response electronically to correspondence@ntsb.gov. If it exceeds 10megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.

From: NTSB
To: State of Ohio
Date: 10/22/2014
Response: The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the your state to take action on the safety recommendation being issued in this letter. On October 8, 2014,the NTSB adopted its report concerning the May 28,2013,accidentin which a Mack Granite three-axle roll-off straight truck carrying a load of debris to a recycling center was struck by a freight train at a highway–railroad grade crossing in Rosedale, Maryland.1 Additional information about this accident and the resulting recommendations may be found in the report of the investigation, which can be accessed at our website, www.ntsb.gov,under report number NTSB/HAR-14/02. As a result of this investigation, the NTSB issued 12new recommendations—to the Federal Motor Carrier Safety Administration (FMCSA),the Federal Railroad Administration, the Association of American Railroads, the American Short Line and Regional Railroad Association, the National Fire Protection Association, and CSX Transportation Company—including the following recommendation to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico: R-14-50 Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.” The NTSB reiterated the following previously issued recommendation to the 50 states and the District of Columbia: H-11-39 (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. The NTSB also reiterated two previously issued recommendations to the FMCSA and reclassified two previously issued recommendations to the US Department of Transportation. These safety recommendations are derived from the NTSB’s investigation and are consistent with the evidence we found and the analysis we performed. Acting Chairman HART and Members SUMWALT, ROSEKIND, and WEENER concurred in these recommendations. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90days detailing the actions you have taken or intend to take to implement them. When replying, please refer to the safety recommendations by number. We encourage you to submit your response electronically to correspondence@ntsb.gov. If it exceeds 10megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.

From: NTSB
To: State of Oklahoma
Date: 10/22/2014
Response: The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the your state to take action on the safety recommendation being issued in this letter. On October 8, 2014,the NTSB adopted its report concerning the May 28,2013,accidentin which a Mack Granite three-axle roll-off straight truck carrying a load of debris to a recycling center was struck by a freight train at a highway–railroad grade crossing in Rosedale, Maryland.1 Additional information about this accident and the resulting recommendations may be found in the report of the investigation, which can be accessed at our website, www.ntsb.gov,under report number NTSB/HAR-14/02. As a result of this investigation, the NTSB issued 12new recommendations—to the Federal Motor Carrier Safety Administration (FMCSA),the Federal Railroad Administration, the Association of American Railroads, the American Short Line and Regional Railroad Association, the National Fire Protection Association, and CSX Transportation Company—including the following recommendation to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico: R-14-50 Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.” The NTSB reiterated the following previously issued recommendation to the 50 states and the District of Columbia: H-11-39 (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. The NTSB also reiterated two previously issued recommendations to the FMCSA and reclassified two previously issued recommendations to the US Department of Transportation. These safety recommendations are derived from the NTSB’s investigation and are consistent with the evidence we found and the analysis we performed. Acting Chairman HART and Members SUMWALT, ROSEKIND, and WEENER concurred in these recommendations. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90days detailing the actions you have taken or intend to take to implement them. When replying, please refer to the safety recommendations by number. We encourage you to submit your response electronically to correspondence@ntsb.gov. If it exceeds 10megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.

From: NTSB
To: State of Oregon
Date: 3/26/2015
Response: We understand that the Rail and Public Transit Division of the Oregon Department of Transportation lacks the statutory authority necessary to enact the recommended legislation, which would require private land owners and railroads to maintain crossings in a condition that would be safe for railroad workers, train operators, and the public. It was for this reason that we recommended that the state enact legislation to address this risk. Pending action by the state of Oregon to do so, Safety Recommendation R-14-50 is classified OPEN—UNACCEPTABLE RESPONSE.

From: State of Oregon
To: NTSB
Date: 12/8/2014
Response: -From Matthew L. Garrett, Director:, Oregon Department of Transportation: ODOT's Rail and Public Transit Division has exclusive authority over all public crossings and has been acting on this authority for over 100 years. ODOT's rail crossing safety efforts have been successful in driving down the number of incidents by more than 60 percent since 2004. ODOT has crossing inspectors that perform routine inspections at all public grade crossings, and ODOT also invests funding in upgrading public rail crossings to improve their safety. In addition, ODOT currently requires railroads to install STOP signs and PRIVATE CROSSING signs on both sides of every private crossing. ODOT has recently implemented inspections to ensure these signs are installed and are in good condition. However, ODOT's Rail and Public Transit Division Jacks statutory authority to require private land owners and railroads to maintain these crossings in a safe state that provides an adequate and unobstructed view for railroads and motor vehicles.

From: NTSB
To: Commonwealth of Pennsylvania
Date: 5/15/2015
Response: We are encouraged that PennDOT plans to review the model law to determine whether legislation is needed in Pennsylvania. We are also encouraged that Pennsylvania law authorizes (1) PennDOT to order private property owners to remove obstructions to the view of drivers and (2) the Pennsylvania Public Utility Commission to require railroads to cut or otherwise control brush and weeds upon property they own within 200 feet of grade crossings to ensure proper visibility by motorists. We urge you to enact the recommended legislation to further strengthen highway-railroad grade crossing safety. Pending our receipt and review of your reply, Safety Recommendation R 14-50 is classified OPEN—ACCEPTABLE RESPONSE.

From: Commonwealth of Pennsylvania
To: NTSB
Date: 1/6/2015
Response: -From Barry J. Schoch, P.E., Secretary of Transportation: This is in response to your letter dated October 22, 2014, regarding R-14-50 and H-11 -39, to Governor Corbett. PennDOT will review the model law entitled "Adequate Sight Distance at Passive Highway-Rail grade Crossings Act" to determine if legislation should be recommended. Pennsylvania law already grants PennDOT the authority, after engineering and traffic investigation, to order private property owners to remove obstructions to the view of drivers, (75 Pa. C.S. §6112), and the Pennsylvania Public Utility Commission has authority to require railroads to cut or otherwise control brush and weeds upon property they own within 200 feet of grade crossings so as to ensure proper visibility by motorists, (66 Pa. C.S. §2702). We will continue to work with our federal partners and our in-house railroad and traffic technical personnel to target sight distance issues at highway-rail crossings. Act 98 of 2011 banned the use of interactive wireless communication devices by any drivers to send, read or write text-based communications while a vehicle is in motion on Pennsylvania roadways. PennDOT supports a statutory ban on the non-emergency use of portable electronic devices. In the interim, we understand the Pennsylvania State Police will continue to utilize the model of high visibility enforcement operations targeting all forms of distracted driving. Please let me assure you that Pennsylvania is very serious about addressing highway rail grade crossing safety and reducing distracted driving. Through our comprehensive program of engineering, enforcement and educational outreach, we will continue to apply a strong and concerted effort to these important highway safety needs.

From: NTSB
To: Commonwealth of Puerto Rico
Date: 10/22/2014
Response: The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the your state to take action on the safety recommendation being issued in this letter. On October 8, 2014,the NTSB adopted its report concerning the May 28,2013,accidentin which a Mack Granite three-axle roll-off straight truck carrying a load of debris to a recycling center was struck by a freight train at a highway–railroad grade crossing in Rosedale, Maryland.1 Additional information about this accident and the resulting recommendations may be found in the report of the investigation, which can be accessed at our website, www.ntsb.gov,under report number NTSB/HAR-14/02. As a result of this investigation, the NTSB issued 12new recommendations—to the Federal Motor Carrier Safety Administration (FMCSA),the Federal Railroad Administration, the Association of American Railroads, the American Short Line and Regional Railroad Association, the National Fire Protection Association, and CSX Transportation Company—including the following recommendation to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico: R-14-50 Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.” The NTSB reiterated the following previously issued recommendation to the 50 states and the District of Columbia: H-11-39 (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. The NTSB also reiterated two previously issued recommendations to the FMCSA and reclassified two previously issued recommendations to the US Department of Transportation. These safety recommendations are derived from the NTSB’s investigation and are consistent with the evidence we found and the analysis we performed. Acting Chairman HART and Members SUMWALT, ROSEKIND, and WEENER concurred in these recommendations. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90days detailing the actions you have taken or intend to take to implement them. When replying, please refer to the safety recommendations by number. We encourage you to submit your response electronically to correspondence@ntsb.gov. If it exceeds 10megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.

From: NTSB
To: State of Rhode Island
Date: 10/22/2014
Response: The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the your state to take action on the safety recommendation being issued in this letter. On October 8, 2014,the NTSB adopted its report concerning the May 28,2013,accidentin which a Mack Granite three-axle roll-off straight truck carrying a load of debris to a recycling center was struck by a freight train at a highway–railroad grade crossing in Rosedale, Maryland.1 Additional information about this accident and the resulting recommendations may be found in the report of the investigation, which can be accessed at our website, www.ntsb.gov,under report number NTSB/HAR-14/02. As a result of this investigation, the NTSB issued 12new recommendations—to the Federal Motor Carrier Safety Administration (FMCSA),the Federal Railroad Administration, the Association of American Railroads, the American Short Line and Regional Railroad Association, the National Fire Protection Association, and CSX Transportation Company—including the following recommendation to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico: R-14-50 Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.” The NTSB reiterated the following previously issued recommendation to the 50 states and the District of Columbia: H-11-39 (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. The NTSB also reiterated two previously issued recommendations to the FMCSA and reclassified two previously issued recommendations to the US Department of Transportation. These safety recommendations are derived from the NTSB’s investigation and are consistent with the evidence we found and the analysis we performed. Acting Chairman HART and Members SUMWALT, ROSEKIND, and WEENER concurred in these recommendations. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90days detailing the actions you have taken or intend to take to implement them. When replying, please refer to the safety recommendations by number. We encourage you to submit your response electronically to correspondence@ntsb.gov. If it exceeds 10megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.

From: NTSB
To: State of South Carolina
Date: 10/22/2014
Response: The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the your state to take action on the safety recommendation being issued in this letter. On October 8, 2014,the NTSB adopted its report concerning the May 28,2013,accidentin which a Mack Granite three-axle roll-off straight truck carrying a load of debris to a recycling center was struck by a freight train at a highway–railroad grade crossing in Rosedale, Maryland.1 Additional information about this accident and the resulting recommendations may be found in the report of the investigation, which can be accessed at our website, www.ntsb.gov,under report number NTSB/HAR-14/02. As a result of this investigation, the NTSB issued 12new recommendations—to the Federal Motor Carrier Safety Administration (FMCSA),the Federal Railroad Administration, the Association of American Railroads, the American Short Line and Regional Railroad Association, the National Fire Protection Association, and CSX Transportation Company—including the following recommendation to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico: R-14-50 Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.” The NTSB reiterated the following previously issued recommendation to the 50 states and the District of Columbia: H-11-39 (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. The NTSB also reiterated two previously issued recommendations to the FMCSA and reclassified two previously issued recommendations to the US Department of Transportation. These safety recommendations are derived from the NTSB’s investigation and are consistent with the evidence we found and the analysis we performed. Acting Chairman HART and Members SUMWALT, ROSEKIND, and WEENER concurred in these recommendations. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90days detailing the actions you have taken or intend to take to implement them. When replying, please refer to the safety recommendations by number. We encourage you to submit your response electronically to correspondence@ntsb.gov. If it exceeds 10megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.

From: NTSB
To: State of South Dakota
Date: 10/22/2014
Response: The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the your state to take action on the safety recommendation being issued in this letter. On October 8, 2014,the NTSB adopted its report concerning the May 28,2013,accidentin which a Mack Granite three-axle roll-off straight truck carrying a load of debris to a recycling center was struck by a freight train at a highway–railroad grade crossing in Rosedale, Maryland.1 Additional information about this accident and the resulting recommendations may be found in the report of the investigation, which can be accessed at our website, www.ntsb.gov,under report number NTSB/HAR-14/02. As a result of this investigation, the NTSB issued 12new recommendations—to the Federal Motor Carrier Safety Administration (FMCSA),the Federal Railroad Administration, the Association of American Railroads, the American Short Line and Regional Railroad Association, the National Fire Protection Association, and CSX Transportation Company—including the following recommendation to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico: R-14-50 Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.” The NTSB reiterated the following previously issued recommendation to the 50 states and the District of Columbia: H-11-39 (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. The NTSB also reiterated two previously issued recommendations to the FMCSA and reclassified two previously issued recommendations to the US Department of Transportation. These safety recommendations are derived from the NTSB’s investigation and are consistent with the evidence we found and the analysis we performed. Acting Chairman HART and Members SUMWALT, ROSEKIND, and WEENER concurred in these recommendations. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90days detailing the actions you have taken or intend to take to implement them. When replying, please refer to the safety recommendations by number. We encourage you to submit your response electronically to correspondence@ntsb.gov. If it exceeds 10megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.

From: NTSB
To: State of Tennessee
Date: 10/22/2014
Response: The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the your state to take action on the safety recommendation being issued in this letter. On October 8, 2014,the NTSB adopted its report concerning the May 28,2013,accidentin which a Mack Granite three-axle roll-off straight truck carrying a load of debris to a recycling center was struck by a freight train at a highway–railroad grade crossing in Rosedale, Maryland.1 Additional information about this accident and the resulting recommendations may be found in the report of the investigation, which can be accessed at our website, www.ntsb.gov,under report number NTSB/HAR-14/02. As a result of this investigation, the NTSB issued 12new recommendations—to the Federal Motor Carrier Safety Administration (FMCSA),the Federal Railroad Administration, the Association of American Railroads, the American Short Line and Regional Railroad Association, the National Fire Protection Association, and CSX Transportation Company—including the following recommendation to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico: R-14-50 Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.” The NTSB reiterated the following previously issued recommendation to the 50 states and the District of Columbia: H-11-39 (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. The NTSB also reiterated two previously issued recommendations to the FMCSA and reclassified two previously issued recommendations to the US Department of Transportation. These safety recommendations are derived from the NTSB’s investigation and are consistent with the evidence we found and the analysis we performed. Acting Chairman HART and Members SUMWALT, ROSEKIND, and WEENER concurred in these recommendations. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90days detailing the actions you have taken or intend to take to implement them. When replying, please refer to the safety recommendations by number. We encourage you to submit your response electronically to correspondence@ntsb.gov. If it exceeds 10megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.

From: NTSB
To: State of Texas
Date: 10/22/2014
Response: The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the your state to take action on the safety recommendation being issued in this letter. On October 8, 2014,the NTSB adopted its report concerning the May 28,2013,accidentin which a Mack Granite three-axle roll-off straight truck carrying a load of debris to a recycling center was struck by a freight train at a highway–railroad grade crossing in Rosedale, Maryland.1 Additional information about this accident and the resulting recommendations may be found in the report of the investigation, which can be accessed at our website, www.ntsb.gov,under report number NTSB/HAR-14/02. As a result of this investigation, the NTSB issued 12new recommendations—to the Federal Motor Carrier Safety Administration (FMCSA),the Federal Railroad Administration, the Association of American Railroads, the American Short Line and Regional Railroad Association, the National Fire Protection Association, and CSX Transportation Company—including the following recommendation to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico: R-14-50 Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.” The NTSB reiterated the following previously issued recommendation to the 50 states and the District of Columbia: H-11-39 (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. The NTSB also reiterated two previously issued recommendations to the FMCSA and reclassified two previously issued recommendations to the US Department of Transportation. These safety recommendations are derived from the NTSB’s investigation and are consistent with the evidence we found and the analysis we performed. Acting Chairman HART and Members SUMWALT, ROSEKIND, and WEENER concurred in these recommendations. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90days detailing the actions you have taken or intend to take to implement them. When replying, please refer to the safety recommendations by number. We encourage you to submit your response electronically to correspondence@ntsb.gov. If it exceeds 10megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.

From: NTSB
To: State of Utah
Date: 7/29/2015
Response: As we stated in our May 15, 2015, letter, we are concerned with the safety of private as well as public crossings, which was our reason for issuing this safety recommendation. We note that UDOT enforces all federal laws and regulations and state laws pertaining to public crossings, including requirements from the Federal Railroad Administration to conduct an on-site inventory at all public highway-rail grade crossings annually. We further note that UDOT inspectors identify sight distance obstructions and notify local highway authorities and railroads in writing of any deficiencies they find. We also note that whenever inspectors identify significant sight distance issues at a crossing, UDOT conducts a detailed review of the crossing and works with the responsible parties to correct these issues. Mr. Braceras stated that, of the 66 crashes that occurred statewide during the 5-year period from 2010 to 2014, only 7 took place at private crossings. He also stated that 46.41 percent of crossings are private crossings constituting only 10.6 percent of Utah’s highway-rail grade crossing crashes. However, we would like to point out that these numbers should not discourage you from enacting a safety measure that could save lives. Accordingly, we urge you to enact the recommended legislation. Pending our receipt and review of your reply to this request, Safety Recommendation R 14-50 remains classified OPEN—UNACCEPTABLE RESPONSE.

From: State of Utah
To: NTSB
Date: 6/9/2015
Response: -From Carlos M. Braceras, P.E., Executive Director: Governor Gary Herbert asked me to respond to your letter dated May 15, 2015, regarding Safety Recommendation R-14-50, adequate sight distance at passive highway-rail grade crossings, particularly as it relates to private highway-rail crossings. As indicated in our December 17, 2015, letter the Utah Department of Transportation (UDOT) has authority to oversee all public highway-rail crossings in the State of Utah. The UDOT enforces all federal laws and regulations and state laws pertaining to public crossings, including requirements from the Federal Railroad Administration to conduct an on-site inventory at all public highway-rail grade crossings annually. While conducting on-site inspections the UDOT notes sight distance obstructions and sends written notification to local highway authorities and railroads with notification of deficiencies. Additionally, when the UDOT observes or learns of significant sight distance issues at a crossing, detailed reviews of the crossing are conducted and the UDOT works with relevant entities to correct identified deficiencies. Oversight authority does not extend to private highway-rail crossings. Within Utah there are 569 private highway-rail crossings and 684 public crossings for a total of 1,253 highway-rail crossings statewide. An examination of highway-rail crashes for the five-year period of2010 through 2014 finds a total of66 crashes statewide, with 59 of those crashes at public crossings and only seven crashes at private crossings. While private highway rail crossings represent 45.41 percent of highway-rail crossings statewide, they represent only 10.6 percent of crashes. As such, the risk of a crash at a private highway-rail crossing is comparatively low. When contemplating whether to impose governmental restrictions on private property, the state considers whether a compelling public purpose outweighs private property rights. Given the relatively low crash risk at a private highway-rail crossing, the state is reluctant to take action that will result in the imposition of governmental oversight of crossings on private property. Through our Zero Fatalities initiative and continued participation in Operation Lifesaver, the UDOT is committed to continue to improve highway safety through a comprehensive, coordinated approach to safety improvements with a wide array of public and private partners. Although current data demonstrates a relatively low risk of crashes at private highway rail crossings, the UDOT will continue to monitor crash rates and safety at private crossings and take Safety Recommendation R-14-50 under advisement as appropriate.

From: NTSB
To: State of Utah
Date: 5/15/2015
Response: We note that you enforce all federal laws and regulations and state laws regarding highway-rail crossings, and that UDOT oversees all public highway-rail crossings. We are concerned with the safety of private as well as public crossings, however, which is the reason we issued this safety recommendation. We urge you to enact the recommended legislation. Pending our receipt and review of your reply, Safety Recommendation R 14-50 is classified OPEN—UNACCEPTABLE RESPONSE.

From: State of Utah
To: NTSB
Date: 12/17/2014
Response: -From Carlos Braceras, P.E., Executive Director, Department of Transportation: The office of Governor Gary R. Herbert has asked me to review and respond to your October 22, 2014, letter regarding recommendations issued by the National Transportation Safety Board (NTSB), specifically recommendations R-14-50, Adequate Sight Distance at Passive Highway-Rail Grade Crossings Act, and H-11-39, use of portable electronic devices. The State of Utah continues to demonstrate commitment to improving roadway safety at highway-rail crossings. The Utah Department of Transportation (UDOT) oversees all Public Highway-Rail Crossings (Crossings) in Utah. The UDOT's goals are to improve the safety for all users of a Crossings and provide the efficient operation of trains, vehicles, and pedestrian access through Crossings. Accordingly, under Utah Administrative Code Rule R930-5 the UDOT has incorporated by reference the following federal law and regulations, state laws, federal agency manuals, association standards and UDOT technical requirements: • 23 CFR 148 Highway Safety Improvement Program • 23 CFR 646 Railroads • 23 CFR 655 Traffic Operations ofthe Manual of Uniform Traffic Control Devices • 23 CFR 924 Highway Safety Improvement Program • 49 CFR 209 Accidents and Incidents • 49 CFR 212 State Safety Participation Regulations • 49 CFR 222 Use of Locomotive Horns as Public Highway-Rail Grade Crossing • 49 CFR 659 Rail Fixed Guideway Systems, State Safety Oversight • "A Policy on Geometric Design of Highway and Streets", American Association of State Highway and Transportation Officials • "Railroad-Highway Grade Crossing Handbook", Federal Highway Administration • "Preemption of traffic signals near Railroad Crossings", Institute of Traffic Engineers • "Manual for Railway Engineer", Chapter 28, Clearances, American Railway Engineering and Maintenance-of-Way Association • "Standard Drawing ST-7 Pavement Marking and Signs at Railroad Crossings", Utah Department of Transportation Additionally, the State of Utah further strengthened state laws pertaining to the use of portable electronic devices when operating a motor vehicle. The Utah State Legislature adopted a bill, S.B. 253, Distracted Driver Amendments, in the 2014 General Session that makes it illegal to manually manipulate any mobile device in any way while operating a motor vehicle, including dialing a phone number, texting, and emailing. The bill makes exceptions to allow use of a mobile device for emergency purposes or when using a navigation application, and allows a driver to use voice command technology. We appreciate the continued commitment by the NTSB to improve transportation safety.

From: NTSB
To: State of Vermont
Date: 10/22/2014
Response: The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the your state to take action on the safety recommendation being issued in this letter. On October 8, 2014,the NTSB adopted its report concerning the May 28,2013,accidentin which a Mack Granite three-axle roll-off straight truck carrying a load of debris to a recycling center was struck by a freight train at a highway–railroad grade crossing in Rosedale, Maryland.1 Additional information about this accident and the resulting recommendations may be found in the report of the investigation, which can be accessed at our website, www.ntsb.gov,under report number NTSB/HAR-14/02. As a result of this investigation, the NTSB issued 12new recommendations—to the Federal Motor Carrier Safety Administration (FMCSA),the Federal Railroad Administration, the Association of American Railroads, the American Short Line and Regional Railroad Association, the National Fire Protection Association, and CSX Transportation Company—including the following recommendation to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico: R-14-50 Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.” The NTSB reiterated the following previously issued recommendation to the 50 states and the District of Columbia: H-11-39 (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. The NTSB also reiterated two previously issued recommendations to the FMCSA and reclassified two previously issued recommendations to the US Department of Transportation. These safety recommendations are derived from the NTSB’s investigation and are consistent with the evidence we found and the analysis we performed. Acting Chairman HART and Members SUMWALT, ROSEKIND, and WEENER concurred in these recommendations. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90days detailing the actions you have taken or intend to take to implement them. When replying, please refer to the safety recommendations by number. We encourage you to submit your response electronically to correspondence@ntsb.gov. If it exceeds 10megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.

From: NTSB
To: Commonwealth of Virginia
Date: 10/22/2014
Response: The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the your state to take action on the safety recommendation being issued in this letter. On October 8, 2014,the NTSB adopted its report concerning the May 28,2013,accidentin which a Mack Granite three-axle roll-off straight truck carrying a load of debris to a recycling center was struck by a freight train at a highway–railroad grade crossing in Rosedale, Maryland.1 Additional information about this accident and the resulting recommendations may be found in the report of the investigation, which can be accessed at our website, www.ntsb.gov,under report number NTSB/HAR-14/02. As a result of this investigation, the NTSB issued 12new recommendations—to the Federal Motor Carrier Safety Administration (FMCSA),the Federal Railroad Administration, the Association of American Railroads, the American Short Line and Regional Railroad Association, the National Fire Protection Association, and CSX Transportation Company—including the following recommendation to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico: R-14-50 Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.” The NTSB reiterated the following previously issued recommendation to the 50 states and the District of Columbia: H-11-39 (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. The NTSB also reiterated two previously issued recommendations to the FMCSA and reclassified two previously issued recommendations to the US Department of Transportation. These safety recommendations are derived from the NTSB’s investigation and are consistent with the evidence we found and the analysis we performed. Acting Chairman HART and Members SUMWALT, ROSEKIND, and WEENER concurred in these recommendations. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90days detailing the actions you have taken or intend to take to implement them. When replying, please refer to the safety recommendations by number. We encourage you to submit your response electronically to correspondence@ntsb.gov. If it exceeds 10megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.

From: NTSB
To: State of Washington
Date: 6/12/2015
Response: We share your concern with the transportation of crude oil by rail and commend the Washington legislature’s action to address this area of increasing concern. In addition, we note that you inspect every public crossing in Washington at least once every 3 years, address violations such as the construction of some type of structure or the spotting of rail cars within 100 feet of the crossing, contact the road authority or railroad if vegetation impairs adequate sight distances, and ensure that the responsible party clears the vegetation. We also note that you work with road authorities and railroads to address adequate sight distance during the construction of new crossings or crossing modifications. These are positive steps toward improving highway-rail grade safety. However, we are concerned with the safety of private as well as public crossings, which is the reason we issued this safety recommendation. Adopting all elements of the FRA’s model law is the best way at present to improve the safety of all Washington’s grade crossings. You stated that the state of Washington may include the FRA’s model act or some appropriate variation in your legislative package at the appropriate time. Although we appreciate your current focus on crude oil, we encourage you to enact the recommended legislation as soon as possible. Pending the adoption of all elements of the recommended legislation for both private and public highway-rail grade crossings, Safety Recommendation R 14-50 is classified OPEN—ACCEPTABLE RESPONSE.

From: State of Washington
To: NTSB
Date: 1/20/2015
Response: -From Steven V. King, Executive Director and Secretary, Utilities and Transportation Commission, State of Washington: Thank you for your inquiry regarding the Federal Railroad Administration's (FRA) model "Adequate Sight Distance at Passive Highway-:Rail Grade Crossing Act." Governor Inslee referred your letter to Washington Utilities and Transportation Commission (commission) to prepare this response. The commission is the agency in Washington state responsible for railroad safety, including safety at highway-railroad grade crossings. We have achieved a commendable record of achievement in significantly reducing grade crossing accidents over the past several years. We are well aware of the danger posed by limited sight distances at passively-protected grade crossings and have pursued a positive course of action under existing state law for many years. First, we inspect every public crossing in Washington at least once every three years. One of the key factors we evaluate is the clearing sight distance at each crossing in all quadrants. Second, we record a defect and require correction when we find violations such as construction of some type of structure or the spotting of rail cars within 100 feet of the crossing. We also contact the road authority or railroad if we note that vegetation impairs adequate sight distance and ensure they clear it. Finally, we consistently address the issue of adequate sight distance at passively protected crossings when working with road authorities and railroads on new crossings or crossing modifications of any kind. In 2014, the state legislature directed the commission to examine the transportation of oil by rail. During this study, we offered a number of safety recommendations and we are in the process of working with the legislature on adoption of those recommendations. One of these is requiring inspections and minimum signage at private crossings. At this time, passively protected grade crossings are part of an internal initiative but, because of very limited resources, our primary focus is on those passively protected grade crossings that are part of a crude oil by rail route. And, while we appreciate your emphasis on limited sight distances at these crossings, it is only one risk factor among many, including approach grades greater than five percent, skewed crossing angles, multiple tracks, multiple highway lanes and past accident history. Commission staff reviews the FRA model act for adequate sight distance each year as we put together our legislative package. To date, we have focused on higher priority legislation for our rail safety and other commission programs. For the 2015 session of our state legislature, our rail safety emphasis is entirely on addressing the many issues related to transporting crude oil by rail. In our judgment, oil by rail far outweighs any other transportation issue at this time. We fully support the concepts addressed in FRA's model act. We will continue to evaluate it in conjunction with our annual legislative review. We may include it, or some appropriate variation, in our legislative package at the appropriate time.

From: NTSB
To: State of West Virginia
Date: 10/22/2014
Response: The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the your state to take action on the safety recommendation being issued in this letter. On October 8, 2014,the NTSB adopted its report concerning the May 28,2013,accidentin which a Mack Granite three-axle roll-off straight truck carrying a load of debris to a recycling center was struck by a freight train at a highway–railroad grade crossing in Rosedale, Maryland.1 Additional information about this accident and the resulting recommendations may be found in the report of the investigation, which can be accessed at our website, www.ntsb.gov,under report number NTSB/HAR-14/02. As a result of this investigation, the NTSB issued 12new recommendations—to the Federal Motor Carrier Safety Administration (FMCSA),the Federal Railroad Administration, the Association of American Railroads, the American Short Line and Regional Railroad Association, the National Fire Protection Association, and CSX Transportation Company—including the following recommendation to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico: R-14-50 Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.” The NTSB reiterated the following previously issued recommendation to the 50 states and the District of Columbia: H-11-39 (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. The NTSB also reiterated two previously issued recommendations to the FMCSA and reclassified two previously issued recommendations to the US Department of Transportation. These safety recommendations are derived from the NTSB’s investigation and are consistent with the evidence we found and the analysis we performed. Acting Chairman HART and Members SUMWALT, ROSEKIND, and WEENER concurred in these recommendations. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90days detailing the actions you have taken or intend to take to implement them. When replying, please refer to the safety recommendations by number. We encourage you to submit your response electronically to correspondence@ntsb.gov. If it exceeds 10megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.

From: NTSB
To: State of Wisconsin
Date: 10/22/2014
Response: The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the your state to take action on the safety recommendation being issued in this letter. On October 8, 2014,the NTSB adopted its report concerning the May 28,2013,accidentin which a Mack Granite three-axle roll-off straight truck carrying a load of debris to a recycling center was struck by a freight train at a highway–railroad grade crossing in Rosedale, Maryland.1 Additional information about this accident and the resulting recommendations may be found in the report of the investigation, which can be accessed at our website, www.ntsb.gov,under report number NTSB/HAR-14/02. As a result of this investigation, the NTSB issued 12new recommendations—to the Federal Motor Carrier Safety Administration (FMCSA),the Federal Railroad Administration, the Association of American Railroads, the American Short Line and Regional Railroad Association, the National Fire Protection Association, and CSX Transportation Company—including the following recommendation to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico: R-14-50 Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.” The NTSB reiterated the following previously issued recommendation to the 50 states and the District of Columbia: H-11-39 (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. The NTSB also reiterated two previously issued recommendations to the FMCSA and reclassified two previously issued recommendations to the US Department of Transportation. These safety recommendations are derived from the NTSB’s investigation and are consistent with the evidence we found and the analysis we performed. Acting Chairman HART and Members SUMWALT, ROSEKIND, and WEENER concurred in these recommendations. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90days detailing the actions you have taken or intend to take to implement them. When replying, please refer to the safety recommendations by number. We encourage you to submit your response electronically to correspondence@ntsb.gov. If it exceeds 10megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.

From: NTSB
To: State of Wyoming
Date: 3/17/2015
Response: We note that WYDOT believes its current operating policies adequately address this issue at public highway-rail grade crossings; however, our concern in issuing this recommendation is safety at private crossings. Mr. Cox’s letter did not address safety at these crossings. Accordingly, pending our receipt of a reply specifically addressing how Wyoming will ensure safety at private, passive highway-rail grade crossings, Safety Recommendation R-14-50 remains classified OPEN—AWAIT RESPONSE.

From: State of Wyoming
To: NTSB
Date: 11/14/2014
Response: -From John F. Cox, Director, Wyoming Department of Transportation: Specifically, R-14-50 recommends each state enact the Federal Railroad Administration's (FRA) model legislation to address adequate site distance at passive, highway-rail grade crossings. We recognize the need to address the hazards associated with site obstructions at highway-rail crossings and endorse the safety intent of the recommended model legislation. WYDOT's principal goal is to keep people safe on the state transportation system, and we believe that WYDOT's current operating policies adequately address this issue at public at-grade crossings. These policies require our Railroad Section to partner with the public road agency, FRA, and railroad personnel to conduct an annual inventory, field diagnostic review, and hazard calculation and prioritization of every public at-grade crossing in the state. These priorities are reviewed, and highway-rail projects at public crossings are considered in our State Transportation Improvement Program. As a result, WYDOT coordinates with the local agency and railroad to complete highway-rail crossing improvements.

From: NTSB
To: State of Alabama
Date: 10/22/2014
Response: The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the your state to take action on the safety recommendation being issued in this letter. On October 8, 2014,the NTSB adopted its report concerning the May 28,2013,accidentin which a Mack Granite three-axle roll-off straight truck carrying a load of debris to a recycling center was struck by a freight train at a highway–railroad grade crossing in Rosedale, Maryland.1 Additional information about this accident and the resulting recommendations may be found in the report of the investigation, which can be accessed at our website, www.ntsb.gov,under report number NTSB/HAR-14/02. As a result of this investigation, the NTSB issued 12new recommendations—to the Federal Motor Carrier Safety Administration (FMCSA),the Federal Railroad Administration, the Association of American Railroads, the American Short Line and Regional Railroad Association, the National Fire Protection Association, and CSX Transportation Company—including the following recommendation to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico: R-14-50 Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.” The NTSB reiterated the following previously issued recommendation to the 50 states and the District of Columbia: H-11-39 (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. The NTSB also reiterated two previously issued recommendations to the FMCSA and reclassified two previously issued recommendations to the US Department of Transportation. These safety recommendations are derived from the NTSB’s investigation and are consistent with the evidence we found and the analysis we performed. Acting Chairman HART and Members SUMWALT, ROSEKIND, and WEENER concurred in these recommendations. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90days detailing the actions you have taken or intend to take to implement them. When replying, please refer to the safety recommendations by number. We encourage you to submit your response electronically to correspondence@ntsb.gov. If it exceeds 10megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.

From: NTSB
To: State of Alaska
Date: 6/12/2015
Response: We are pleased with the actions that Alaska has taken to require that its highway standards conform as much as possible to those adopted by the American Association of State Highway Transportation Officials, and we are pleased that your state completed a systemwide upgrade of traffic devices at all its public grade crossings. We are disappointed, however, that, because you have no record of any recent accidents or incidents that have occurred at Alaska’s public or private highway-rail grade crossings, you do not plan to enact the recommended legislation. We encourage you to reconsider your current position regarding this issue and to enact the recommended legislation to ensure the highest level of safety for Alaska’s citizens and others traveling on Alaska’s highways and rail lines without waiting for a tragedy to occur. The absence of any recent report of an accident or incident should not discourage you from enacting a measure that can save lives. Pending our receipt and review of your reply, Safety Recommendation R 14-50 is classified OPEN—UNACCEPTABLE RESPONSE.

From: State of Alaska
To: NTSB
Date: 3/12/2015
Response: -From Marc Luiken, Commissioner, Alaska Department of Transportation and Public Facilities: Alaska Statute AS 19.10.160 requires the Alaska Department of Transportation and Public Facilities (DOT &PF) to prepare and adopt uniform standards, plans and specifications for the establishment, construction, and maintenance of highways in Alaska. The statute further requires these standards conform as closely as practicable to those adopted by the American Association of State Highway and Transportation Officials (AASHTO). Alaska Administrative Code 17 AAC 15.551 requires railroad facilities installed across or within a department right-of-way to comply with DOT&PF's standards, including the Alaska Construction Manual, the Alaska Standard Specifications for Highway Construction, the Alaska Standard Drawings Manual, AASHTO Policy on the Accommodation of Utilities within Freeway Right-of-Way and Guide for Accommodating Utilities within Highway Right-of-Way, the Alaska Highway Preconstruction Manual, the Alaska Aviation Preconstruction Manual, the Alaska Traffic Manual (which incorporates the 2009 Manual on Uniform Traffic Control Devices), the Alaska Sign Design Specifications, American Railway Engineering Association Manual for Railway Engineering (Fixed Properties) and Portfolio of Trackwork Plans, the Association of American Railroads' Communication and Signal Section Signal Manual, and the Federal-Aid Highway Program Manuals for Railroad-Highway Projects, Railroad-Highway Insurance Protection Required of Contractors, and Railroad-Highway Grade Crossing Surfaces. Alaska does not have a demonstrated safety problem regarding Railroad Grade Crossing (RGC) intersections on either public or private routes. Even without a demonstrated safety problem, the State of Alaska, in coordination with the Alaska Railroad Corporation, completed a system wide upgrade of traffic control devices at all of Alaska's at-Grade RGCs on routes open to the public. This upgrade assured all public at-Grade RGCs meet current Alaska Traffic Manual requirements for traffic control devices. In consideration of Alaska's current state and federal requirements governing development and inventory of at-Grade RGCs, and Alaska's absence of a demonstrated safety problem, the Walker Administration does not plan to advance FRA's model state law.

From: NTSB
To: State of Arizona
Date: 10/22/2014
Response: The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the your state to take action on the safety recommendation being issued in this letter. On October 8, 2014,the NTSB adopted its report concerning the May 28,2013,accidentin which a Mack Granite three-axle roll-off straight truck carrying a load of debris to a recycling center was struck by a freight train at a highway–railroad grade crossing in Rosedale, Maryland.1 Additional information about this accident and the resulting recommendations may be found in the report of the investigation, which can be accessed at our website, www.ntsb.gov,under report number NTSB/HAR-14/02. As a result of this investigation, the NTSB issued 12new recommendations—to the Federal Motor Carrier Safety Administration (FMCSA),the Federal Railroad Administration, the Association of American Railroads, the American Short Line and Regional Railroad Association, the National Fire Protection Association, and CSX Transportation Company—including the following recommendation to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico: R-14-50 Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.” The NTSB reiterated the following previously issued recommendation to the 50 states and the District of Columbia: H-11-39 (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. The NTSB also reiterated two previously issued recommendations to the FMCSA and reclassified two previously issued recommendations to the US Department of Transportation. These safety recommendations are derived from the NTSB’s investigation and are consistent with the evidence we found and the analysis we performed. Acting Chairman HART and Members SUMWALT, ROSEKIND, and WEENER concurred in these recommendations. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90days detailing the actions you have taken or intend to take to implement them. When replying, please refer to the safety recommendations by number. We encourage you to submit your response electronically to correspondence@ntsb.gov. If it exceeds 10megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.

From: NTSB
To: State of Arkansas
Date: 10/22/2014
Response: The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the your state to take action on the safety recommendation being issued in this letter. On October 8, 2014,the NTSB adopted its report concerning the May 28,2013,accidentin which a Mack Granite three-axle roll-off straight truck carrying a load of debris to a recycling center was struck by a freight train at a highway–railroad grade crossing in Rosedale, Maryland.1 Additional information about this accident and the resulting recommendations may be found in the report of the investigation, which can be accessed at our website, www.ntsb.gov,under report number NTSB/HAR-14/02. As a result of this investigation, the NTSB issued 12new recommendations—to the Federal Motor Carrier Safety Administration (FMCSA),the Federal Railroad Administration, the Association of American Railroads, the American Short Line and Regional Railroad Association, the National Fire Protection Association, and CSX Transportation Company—including the following recommendation to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico: R-14-50 Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.” The NTSB reiterated the following previously issued recommendation to the 50 states and the District of Columbia: H-11-39 (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. The NTSB also reiterated two previously issued recommendations to the FMCSA and reclassified two previously issued recommendations to the US Department of Transportation. These safety recommendations are derived from the NTSB’s investigation and are consistent with the evidence we found and the analysis we performed. Acting Chairman HART and Members SUMWALT, ROSEKIND, and WEENER concurred in these recommendations. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90days detailing the actions you have taken or intend to take to implement them. When replying, please refer to the safety recommendations by number. We encourage you to submit your response electronically to correspondence@ntsb.gov. If it exceeds 10megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.

From: NTSB
To: State of California
Date: 10/22/2014
Response: The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the your state to take action on the safety recommendation being issued in this letter. On October 8, 2014,the NTSB adopted its report concerning the May 28,2013,accidentin which a Mack Granite three-axle roll-off straight truck carrying a load of debris to a recycling center was struck by a freight train at a highway–railroad grade crossing in Rosedale, Maryland.1 Additional information about this accident and the resulting recommendations may be found in the report of the investigation, which can be accessed at our website, www.ntsb.gov,under report number NTSB/HAR-14/02. As a result of this investigation, the NTSB issued 12new recommendations—to the Federal Motor Carrier Safety Administration (FMCSA),the Federal Railroad Administration, the Association of American Railroads, the American Short Line and Regional Railroad Association, the National Fire Protection Association, and CSX Transportation Company—including the following recommendation to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico: R-14-50 Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.” The NTSB reiterated the following previously issued recommendation to the 50 states and the District of Columbia: H-11-39 (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. The NTSB also reiterated two previously issued recommendations to the FMCSA and reclassified two previously issued recommendations to the US Department of Transportation. These safety recommendations are derived from the NTSB’s investigation and are consistent with the evidence we found and the analysis we performed. Acting Chairman HART and Members SUMWALT, ROSEKIND, and WEENER concurred in these recommendations. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90days detailing the actions you have taken or intend to take to implement them. When replying, please refer to the safety recommendations by number. We encourage you to submit your response electronically to correspondence@ntsb.gov. If it exceeds 10megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.

From: NTSB
To: State of Colorado
Date: 10/22/2014
Response: The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the your state to take action on the safety recommendation being issued in this letter. On October 8, 2014,the NTSB adopted its report concerning the May 28,2013,accidentin which a Mack Granite three-axle roll-off straight truck carrying a load of debris to a recycling center was struck by a freight train at a highway–railroad grade crossing in Rosedale, Maryland.1 Additional information about this accident and the resulting recommendations may be found in the report of the investigation, which can be accessed at our website, www.ntsb.gov,under report number NTSB/HAR-14/02. As a result of this investigation, the NTSB issued 12new recommendations—to the Federal Motor Carrier Safety Administration (FMCSA),the Federal Railroad Administration, the Association of American Railroads, the American Short Line and Regional Railroad Association, the National Fire Protection Association, and CSX Transportation Company—including the following recommendation to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico: R-14-50 Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.” The NTSB reiterated the following previously issued recommendation to the 50 states and the District of Columbia: H-11-39 (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. The NTSB also reiterated two previously issued recommendations to the FMCSA and reclassified two previously issued recommendations to the US Department of Transportation. These safety recommendations are derived from the NTSB’s investigation and are consistent with the evidence we found and the analysis we performed. Acting Chairman HART and Members SUMWALT, ROSEKIND, and WEENER concurred in these recommendations. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90days detailing the actions you have taken or intend to take to implement them. When replying, please refer to the safety recommendations by number. We encourage you to submit your response electronically to correspondence@ntsb.gov. If it exceeds 10megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.

From: NTSB
To: State of Connecticut
Date: 10/22/2014
Response: The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the your state to take action on the safety recommendation being issued in this letter. On October 8, 2014,the NTSB adopted its report concerning the May 28,2013,accidentin which a Mack Granite three-axle roll-off straight truck carrying a load of debris to a recycling center was struck by a freight train at a highway–railroad grade crossing in Rosedale, Maryland.1 Additional information about this accident and the resulting recommendations may be found in the report of the investigation, which can be accessed at our website, www.ntsb.gov,under report number NTSB/HAR-14/02. As a result of this investigation, the NTSB issued 12new recommendations—to the Federal Motor Carrier Safety Administration (FMCSA),the Federal Railroad Administration, the Association of American Railroads, the American Short Line and Regional Railroad Association, the National Fire Protection Association, and CSX Transportation Company—including the following recommendation to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico: R-14-50 Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.” The NTSB reiterated the following previously issued recommendation to the 50 states and the District of Columbia: H-11-39 (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. The NTSB also reiterated two previously issued recommendations to the FMCSA and reclassified two previously issued recommendations to the US Department of Transportation. These safety recommendations are derived from the NTSB’s investigation and are consistent with the evidence we found and the analysis we performed. Acting Chairman HART and Members SUMWALT, ROSEKIND, and WEENER concurred in these recommendations. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90days detailing the actions you have taken or intend to take to implement them. When replying, please refer to the safety recommendations by number. We encourage you to submit your response electronically to correspondence@ntsb.gov. If it exceeds 10megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.

From: NTSB
To: State of Delaware
Date: 10/22/2014
Response: The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety and coordinates the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters. We are providing the following information to urge the your state to take action on the safety recommendation being issued in this letter. On October 8, 2014,the NTSB adopted its report concerning the May 28,2013,accidentin which a Mack Granite three-axle roll-off straight truck carrying a load of debris to a recycling center was struck by a freight train at a highway–railroad grade crossing in Rosedale, Maryland.1 Additional information about this accident and the resulting recommendations may be found in the report of the investigation, which can be accessed at our website, www.ntsb.gov,under report number NTSB/HAR-14/02. As a result of this investigation, the NTSB issued 12new recommendations—to the Federal Motor Carrier Safety Administration (FMCSA),the Federal Railroad Administration, the Association of American Railroads, the American Short Line and Regional Railroad Association, the National Fire Protection Association, and CSX Transportation Company—including the following recommendation to the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico: R-14-50 Enact legislation adopting all elements of the Federal Railroad Administration’s model law known as the “Adequate Sight Distance at Passive Highway–Rail Grade Crossings Act.” The NTSB reiterated the following previously issued recommendation to the 50 states and the District of Columbia: H-11-39 (1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; (2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and (3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving. The NTSB also reiterated two previously issued recommendations to the FMCSA and reclassified two previously issued recommendations to the US Department of Transportation. These safety recommendations are derived from the NTSB’s investigation and are consistent with the evidence we found and the analysis we performed. Acting Chairman HART and Members SUMWALT, ROSEKIND, and WEENER concurred in these recommendations. The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate receiving a response from you within 90days detailing the actions you have taken or intend to take to implement them. When replying, please refer to the safety recommendations by number. We encourage you to submit your response electronically to correspondence@ntsb.gov. If it exceeds 10megabytes, including attachments, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.