National Academies Press: OpenBook
Page i
Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2010. Strategies for Improving the Project Agreement Process between Highway Agencies and Railroads. Washington, DC: The National Academies Press. doi: 10.17226/14438.
×
Page R1
Page ii
Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2010. Strategies for Improving the Project Agreement Process between Highway Agencies and Railroads. Washington, DC: The National Academies Press. doi: 10.17226/14438.
×
Page R2
Page iii
Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2010. Strategies for Improving the Project Agreement Process between Highway Agencies and Railroads. Washington, DC: The National Academies Press. doi: 10.17226/14438.
×
Page R3
Page iv
Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2010. Strategies for Improving the Project Agreement Process between Highway Agencies and Railroads. Washington, DC: The National Academies Press. doi: 10.17226/14438.
×
Page R4
Page v
Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2010. Strategies for Improving the Project Agreement Process between Highway Agencies and Railroads. Washington, DC: The National Academies Press. doi: 10.17226/14438.
×
Page R5
Page vi
Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2010. Strategies for Improving the Project Agreement Process between Highway Agencies and Railroads. Washington, DC: The National Academies Press. doi: 10.17226/14438.
×
Page R6
Page vii
Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2010. Strategies for Improving the Project Agreement Process between Highway Agencies and Railroads. Washington, DC: The National Academies Press. doi: 10.17226/14438.
×
Page R7
Page viii
Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2010. Strategies for Improving the Project Agreement Process between Highway Agencies and Railroads. Washington, DC: The National Academies Press. doi: 10.17226/14438.
×
Page R8

Below is the uncorrected machine-read text of this chapter, intended to provide our own search engines and external engines with highly rich, chapter-representative searchable text of each book. Because it is UNCORRECTED material, please consider the following text as a useful but insufficient proxy for the authoritative book pages.

T R A N S P O R T A T I O N R E S E A R C H B O A R D WASHINGTON, D.C. 2010 www.TRB.org The Second S T R A T E G I C H I G H W A Y R E S E A R C H P R O G R A M REPORT S2-R16-RR-1 Strategies for Improving the Project Agreement Process Between Highway Agencies and Railroads GORDON PROCTOR & ASSOCIATES, INC. with STARISIS CORPORATION MICHAEL L. BRADLEY & ASSOCIATES CONSULTING, LLC

Subscriber Categories Administration and Management Highways Law Railroads

The Second Strategic Highway Research Program America’s highway system is critical to meeting the mobility and economic needs of local communities, regions, and the na- tion. Developments in research and technology—such as ad- vanced materials, communications technology, new data collection technologies, and human factors science—offer a new opportunity to improve the safety and reliability of this im- portant national resource. Breakthrough resolution of significant transportation problems, however, requires concentrated re- sources over a short time frame. Reflecting this need, the second Strategic Highway Research Program (SHRP 2) has an intense, large-scale focus, integrates multiple fields of research and tech- nology, and is fundamentally different from the broad, mission- oriented, discipline-based research programs that have been the mainstay of the highway research industry for half a century. The need for SHRP 2 was identified in TRB Special Report 260: Strategic Highway Research: Saving Lives, Reducing Congestion, Improving Quality of Life, published in 2001 and based on a study sponsored by Congress through the Transportation Equity Act for the 21st Century (TEA-21). SHRP 2, modeled after the first Strategic Highway Research Program, is a focused, time- constrained, management-driven program designed to comple- ment existing highway research programs. SHRP 2 focuses on applied research in four focus areas: Safety, to prevent or reduce the severity of highway crashes by understanding driver behav- ior; Renewal, to address the aging infrastructure through rapid design and construction methods that cause minimal disrup- tions and produce lasting facilities; Reliability, to reduce conges- tion through incident reduction, management, response, and mitigation; and Capacity, to integrate mobility, economic, envi- ronmental, and community needs in the planning and designing of new transportation capacity. SHRP 2 was authorized in August 2005 as part of the Safe, Ac- countable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The program is managed by the Transportation Research Board (TRB) on behalf of the Na- tional Research Council (NRC). SHRP 2 is conducted under a memorandum of understanding among the American Associa- tion of State Highway and Transportation Officials (AASHTO), the Federal Highway Administration (FHWA), and the National Academy of Sciences, parent organization of TRB and NRC. The program provides for competitive, merit-based selection of re- search contractors; independent research project oversight; and dissemination of research results. SHRP 2 Report S2-R16-RR-1 ISBN: 978-0-309-12888-9 Library of Congress Control Number: 2010927335 © 2010 National Academy of Sciences. All rights reserved. Copyright Information Authors herein are responsible for the authenticity of their materials and for obtaining writ- ten permissions from publishers or persons who own the copyright to any previously pub- lished or copyrighted material used herein. The second Strategic Highway Research Program grants permission to reproduce mate- rial in this publication for classroom and not-for-profit purposes. Permission is given with the understanding that none of the material will be used to imply TRB, AASHTO, or FHWA endorsement of a particular product, method, or practice. It is expected that those reproducing material in this document for educational and not-for-profit purposes will give appropriate acknowledgment of the source of any reprinted or reproduced ma- terial. For other uses of the material, request permission from SHRP 2. Note: SHRP 2 report numbers convey the program, focus area, project number, and pub- lication format. Report numbers ending in “w” are published as Web Documents only. Notice The project that is the subject of this report was a part of the second Strategic Highway Research Program, conducted by the Transportation Research Board with the approval of the Governing Board of the National Research Council. The members of the technical committee selected to monitor this project and to review this report were chosen for their special competencies and with regard for appropriate balance. The report was reviewed by the technical committee and accepted for publication according to procedures established and overseen by the Transportation Research Board and approved by the Governing Board of the National Research Council. The opinions and conclusions expressed or implied in this report are those of the researchers who performed the research and are not necessarily those of the Transportation Research Board, the National Research Council, or the program sponsors. The Transportation Research Board of the National Academies, the National Research Council, and the sponsors of the second Strategic Highway Research Program do not endorse products or manufacturers. Trade or manufacturers’ names appear herein solely because they are considered essential to the object of the report. SHRP 2 Reports Available by subscription and through the TRB online bookstore: www.TRB.org/bookstore Contact the TRB Business Office: 202-334-3213 More information about SHRP 2: www.TRB.org/SHRP2

The National Academy of Sciences is a private, nonprofit, self-perpetuating society of distinguished schol- ars engaged in scientific and engineering research, dedicated to the furtherance of science and technology and to their use for the general welfare. On the authority of the charter granted to it by the Congress in 1863, the Academy has a mandate that requires it to advise the federal government on scientific and techni- cal matters. Dr. Ralph J. Cicerone is president of the National Academy of Sciences. The National Academy of Engineering was established in 1964, under the charter of the National Acad- emy of Sciences, as a parallel organization of outstanding engineers. It is autonomous in its administration and in the selection of its members, sharing with the National Academy of Sciences the responsibility for advising the federal government. The National Academy of Engineering also sponsors engineering programs aimed at meeting national needs, encourages education and research, and recognizes the superior achieve- ments of engineers. Dr. Charles M. Vest is president of the National Academy of Engineering. The Institute of Medicine was established in 1970 by the National Academy of Sciences to secure the services of eminent members of appropriate professions in the examination of policy matters pertaining to the health of the public. The Institute acts under the responsibility given to the National Academy of Sciences by its congressional charter to be an adviser to the federal government and, on its own initiative, to identify issues of medical care, research, and education. Dr. Harvey V. Fineberg is president of the Institute of Medicine. The National Research Council was organized by the National Academy of Sciences in 1916 to associate the broad community of science and technology with the Academy’s purposes of furthering knowledge and advising the federal government. Functioning in accordance with general policies determined by the Acad- emy, the Council has become the principal operating agency of both the National Academy of Sciences and the National Academy of Engineering in providing services to the government, the public, and the scien- tific and engineering communities. The Council is administered jointly by both the Academies and the Insti- tute of Medicine. Dr. Ralph J. Cicerone and Dr. Charles M. Vest are chair and vice chair, respectively, of the National Research Council. The Transportation Research Board is one of six major divisions of the National Research Council. The mission of the Transportation Research Board is to provide leadership in transportation innovation and progress through research and information exchange, conducted within a setting that is objective, interdisci- plinary, and multimodal. The Board’s varied activities annually engage about 7,000 engineers, scientists, and other transportation researchers and practitioners from the public and private sectors and academia, all of whom contribute their expertise in the public interest. The program is supported by state transportation departments, federal agencies including the component administrations of the U.S. Department of Transporta- tion, and other organizations and individuals interested in the development of transportation. www.TRB.org www.national-academies.org

SHRP 2 STAFF Neil F. Hawks, Director Ann M. Brach, Deputy Director Kizzy Anderson, Senior Program Assistant, Implementation, Publications, and Communications Stephen Andrle, Chief Program Officer, Capacity James Bryant, Senior Program Officer, Renewal Kenneth Campbell, Chief Program Officer, Safety JoAnn Coleman, Senior Program Assistant, Capacity Walter Diewald, Senior Program Officer, Safety Jerry DiMaggio, Implementation Coordinator Charles Fay, Senior Program Officer, Safety Carol Ford, Senior Program Assistant, Safety Elizabeth Forney, Assistant Editor Jo Allen Gause, Senior Program Officer, Capacity Ralph Hessian, Visiting Professional Andy Horosko, Special Consultant, Safety Field Data Collection William Hyman, Senior Program Officer, Reliability Linda Mason, Communications Officer Michael Miller, Senior Program Assistant, Reliability David Plazak, Senior Program Officer, Capacity and Reliability Robert Raab, International Coordinator Monica Starnes, Senior Program Officer, Renewal Noreen Stevenson-Fenwick, Senior Program Assistant, Renewal Chrystyne Talley, Financial Associate Charles Taylor, Special Consultant, Renewal Dean Trackman, Managing Editor Hans van Saan, Visiting Professional Pat Williams, Administrative Assistant Connie Woldu, Administrative Coordinator Patrick Zelinski, Communications Specialist ACKNOWLEDGMENTS This work was sponsored by the Federal Highway Administration in cooperation with the American Associ- ation of State Highway and Transportation Officials. It was conducted in the second Strategic Highway Research Program (SHRP 2), which is administered by the Transportation Research Board of the National Academies. The project was managed by Monica A. Starnes, Senior Program Officer for SHRP 2 Renewal. This research was prepared by Gordon Proctor & Associates, Inc., in association with StarIsis Corporation and Michael L. Bradley & Associates Consulting, LLC. The principal investigators were Gordon Proctor and Shobna Varma, who were assisted by Michael Bradley. The project team would like to acknowledge the important role played by the project Advisory Panel: J.L. (Lyn) Hartley, Director Public Projects/Field Engineering, BNSF Railway; Chuck Gullakson, Assistant Chief Engineer, Public Projects, CSX; Steve Grosse Rhode, Industry and Public Projects, Union Pacific Rail- road; Ahmer Nizam, HQ Railroad Liaison, Washington State Department of Transportation; Douglas Link, Senior Right-of-Way Agent, California Department of Transportation; Rick Johnson, Deputy Director, Office of Freight Logistics, Maryland Department of Transportation; Darin Kosmak, Railroad Section Director, Texas Department of Transportation; Elizabeth G. Bonini, Bureau of Freight, Ports, and Waterways, Pennsylvania Department of Transportation; Frank Julian, Safety Engineer, Federal Highway Administration; Ronald Reis, Staff Director, Crossing Safety and Trespass Prevention, Federal Railroad Administration; and Thomas Zeinz, consultant and retired from Illinois Central Railroad, representing the American Association of Railroads. Also contributing to the Advisory Panel were the following: Richard Behrendt, Program Manager/State Rail Coor- dinator, Ohio Department of Transportation; Susan Kirkland, Manager, Safety Division, Ohio Rail Develop- ment Commission; Joseph Glinski, Safety Program Engineer, Ohio FHWA Division; Marcus Wilner, Office Director, Ohio FHWA Division Office; and Chuck Taylor, High-Speed Rail IDEA Program, Transportation Research Board.

F O R E W O R D Monica A. Starnes, PhD, SHRP 2 Senior Program Officer This report for SHRP 2 Renewal Project R16 provides a comprehensive collection of recom- mended practices that promote cooperation between railroads and transportation agencies on highway projects that cross or lie alongside railways. The report presents standard processes and successful practices that can help both sides reduce the time and cost of proj- ect reviews. The report also includes a series of model agreements that both parties can use and amend as needed. Currently, the presence of a highway across or alongside a railroad creates significant chal- lenges to the rapid renewal of that highway facility. Moreover, freight analysis from the U.S. Department of Transportation predicts an 88% increase in rail freight from 2002 to 2035. Highway renewal projects will also increase dramatically in the upcoming years as the high- way infrastructure continues to age and require reconstruction. The need to improve coop- eration between railroads and public transportation agencies is more critical than ever. To mitigate project-delivery setbacks for the transportation agencies and the railroads, the project’s research team of Gordon Proctor, Shobna Varma, and Michael L. Bradley con- ducted a thorough review of the railroads’ and transportation agencies’ perspectives. In addition, the research team members themselves have state department of transportation and railroad backgrounds. This combination of backgrounds provides an insightful under- standing of the motivations, needs, and processes of public highway agencies and railroad companies. Nonetheless, to further enhance this balance from the start, the research team established an advisory panel of volunteer experts. Three Class I railroads, six state depart- ments of transportation, two federal agencies, and the Association of American Railroads were represented on the panel. Throughout this project, the experts reviewed and com- mented on the research products. In the initial stages of the research, the team surveyed all state departments of transporta- tion and interviewed key staff from 10 of them. Likewise, the team interviewed core person- nel in all Class I railroads and several engineering firms that regularly review and design railroad and highway projects. All the interviews proved invaluable for discovering and iden- tifying successful practices and legal agreements. After completing the information gathering, the project team produced a collection of recommended practices, streamlined permitting processes, and, ultimately, model agree- ments for use by public agencies and railroads. The goal of these products is to enhance con- structive cooperation between railroads and public highway agencies as they undertake renewal activities that affect them both.

C O N T E N T S 1 Executive Summary 1 Understanding the Railroad Perspective 1 Understanding the State Perspective 2 Findings 3 Recommendations 4 References 5 CHAPTER 1 Background 5 The Problem Statement 5 Types of Projects and Types of Agreements 7 CHAPTER 2 Research Approach 8 CHAPTER 3 Findings and Applications 8 PART 1: Review of Class I Railroad Permitting and Agreement Processes 8 Summary of Railroads’ Perspectives 14 Railroads’ Approach to Agreements 15 Standard Review Process 18 PART 2: Review of Highway Agency Processes 18 Where Projects Originate 20 Highway Agency Processes to Address Railroad Needs 23 The Debilitating Effects of Inflation 23 Survey of State and Local Agencies 26 Highway Agency Practices 29 Selected Case Studies of Best Practices 35 Agency Culture and “Desired State” 37 Areas for Improvement 40 PART 3: Review of Federal Regulations 47 References 48 CHAPTER 4 Conclusions and Suggested Research 48 Enhancing Partnerships 50 Steps in the Partnership Process 52 Implementation at the Program and Project Levels 52 Examples of Best Practices and Processes 63 Railroad Incentives 66 Issues Involving Specifications, Policies, and Institutional Changes 66 Suggested New Specifications, Policies, and Procedures 71 Sustaining Best Practices and Model Processes 75 References

76 Appendix A. Railroad Processes for Addressing Agreements 88 Appendix B. Analysis of Survey Results 100 Appendix C. Model Agreements

Next: Executive Summary »
Strategies for Improving the Project Agreement Process between Highway Agencies and Railroads Get This Book
×
MyNAP members save 10% online.
Login or Register to save!
Download Free PDF

TRB’s second Strategic Highway Research Program (SHRP 2) Report S2-R16-RR-1: Strategies for Improving the Project Agreement Process between Highway Agencies and Railroads examines the process by which highway agencies and railroads develop agreements for highway projects which interact with railways. The report examines the underlying causes of delay in the project-agreement process and developed model processes to address them.

Appendix C of SHRP 2 Report S2-R16-RR-1 is available online in Microsoft Word format.

An e-book version of this report is available for purchase at Google, Amazon, and iTunes.

SHRP 2 Renewal Project R16 also developed two supplemental reports, one report about establishing a collaborative forum between transportation agencies and railroads and another report about the development of tools in this project.

  1. ×

    Welcome to OpenBook!

    You're looking at OpenBook, NAP.edu's online reading room since 1999. Based on feedback from you, our users, we've made some improvements that make it easier than ever to read thousands of publications on our website.

    Do you want to take a quick tour of the OpenBook's features?

    No Thanks Take a Tour »
  2. ×

    Show this book's table of contents, where you can jump to any chapter by name.

    « Back Next »
  3. ×

    ...or use these buttons to go back to the previous chapter or skip to the next one.

    « Back Next »
  4. ×

    Jump up to the previous page or down to the next one. Also, you can type in a page number and press Enter to go directly to that page in the book.

    « Back Next »
  5. ×

    To search the entire text of this book, type in your search term here and press Enter.

    « Back Next »
  6. ×

    Share a link to this book page on your preferred social network or via email.

    « Back Next »
  7. ×

    View our suggested citation for this chapter.

    « Back Next »
  8. ×

    Ready to take your reading offline? Click here to buy this book in print or download it as a free PDF, if available.

    « Back Next »
Stay Connected!