BIL RHCP Reporting Guidance FINAL 5-23-22

Memorandum
Subject: ACTION: Railway-Highway Crossings
Program Reporting Guidance (Effective
date: October 1, 2021)
From:

CHERYL J
Cheryl J. Walker WALKER

Digitally signed by CHERYL J
WALKER
Date: 2022.05.23 14:16:21 -04'00'

Associate Administrator, Office of Safety

Date: May 23, 2022

In Reply Refer To:
HSSP

To: Division Administrators
Purpose
This memorandum provides guidance to clarify the reporting requirements for States in title 23,
United States Code (U.S.C.) Section 130. This guidance reflects the railway-highway crossings
program reporting requirements under the “Bipartisan Infrastructure Law” (BIL), enacted as the
Infrastructure Investment and Jobs Act (IIJA), Pub. L. 117-58 (Nov. 15, 2021), and Part 924 of
title 23 of the Code of Federal Regulations (23 CFR Part 924). This guidance also incorporates
FHWA priorities, consistent with the Policy on Using Bipartisan Infrastructure Law Resources
to Build a Better America, dated December 16, 2021. The Railway-Highway Crossings Program
(referred to as “Section 130”) requirements within the BIL took effect on October 1, 2021 and
apply to all related funding obligated on or after that date, whether carryover or new. This
guidance replaces the “Guidance on 23 U.S.C. 130 Annual Reporting Requirements for RailwayHighway Crossings,” dated May 5, 2006, and February 22, 2013.
Except for the statutes and regulations cited, the contents of this document do not have the force
and effect of law and are not meant to bind the States or the public in any way. This document is
intended only to provide information regarding existing requirements under the law or agency
policies.
Background
Section 130(g) of title 23, U.S.C. requires each State to submit an annual report to the
Administrator of the Federal Highway Administration (FHWA) on the progress being made to
implement the railway-highway crossings program, the effectiveness of such improvements, an
assessment of the costs of the various treatments employed, and the effectiveness of such
treatment at improved locations. This will be referred to as the “Railway-Highway Crossings
Report.” In addition, 23 U.S.C. 148(h)(1)(C) requires States to submit to the Secretary of
Transportation a report that describes how improvements contributed to reducing fatalities and
serious injuries at railway-highway crossings. The FHWA recommends that this information be
included in the Railway-Highway Crossings Report, rather than submitting the information in a
separate report.

The annual Railway-Highway Crossings Report provides information on how well State and
Federal goals of the railway-highway crossings program are being met. This information is
collated for many types of reporting documents and by many types of stakeholder groups at the
National, State, and local levels. States are also encouraged to coordinate Section 130 efforts
with their State Highway-Rail Grade Crossing Actions Plans submitted to the Federal Railroad
Administration.
Section 130(k) allows the expenditure of up to eight percent of funds apportioned to a State to
carry out Section 130 for the compilation and analysis of data in support of the reporting
activities. For example, a State that is apportioned $10,000,000 in a FY for Section 130 can use
up to $800,000 of Section 130 funds for the compilation and analysis of data for reporting
activities.
Summary of Guidance
The Railway-Highway Crossings Program reporting guidance provides information on the
reporting frequency and schedule, content and structure of the report, and protection of data from
discovery and admission into evidence. FHWA also supports the vision of zero deaths and
serious injuries on the Nation’s roadway system. As with highway safety improvement projects
(23 U.S.C. 148(c)(2)(B)(iv)), railway-highway crossing projects should be identified based on
crash experience, crash potential, crash rate, or other data-supported means. The general
framework for the identification and analysis of railway-highway crossing safety problems and
countermeasure opportunities includes analysis of safety data trends for at least the last 5 years to
identify problems, countermeasure identification to effectively address the identified problems,
project prioritization and implementation, and evaluation of both projects and the overall
program (23 U.S.C. 148(c)(2)). Each State must also identify railway-highway crossings that
require separation, relocation, or protective devices, and establish and implement a schedule
of those projects (23 U.S.C. 130(d)).
1. Reporting Frequency and Schedule
Pursuant to 23 U.S.C. 130(g)(1) and 23 CFR 924.15(a)(2), States shall submit their annual
Railway-Highway Crossings Report electronically to the FHWA Division Administrator by
August 31 each year, in conjunction with the annual Highway Safety Improvement Program
(HSIP) report required under 23 U.S.C. 148(h).
The HSIP online reporting tool fully supports the information necessary to complete this annual
requirement. States that report on their Railway-Highway Crossings Program via the online
reporting tool will meet the annual requirement. Additional information is available on the Office
of Safety website at http://safety.fhwa.dot.gov/hsip/resources/onrpttool/. The report template
included in the Attachment reflects the online reporting tool content.
2. Content and Structure of the Report
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Section 130(g) of title 23, U.S.C. requires a measure of the effectiveness of the improvements
made as a result of the implementation of the Railway-Highway Crossings Program. A State
should define the effectiveness in terms of the number of fatalities and serious injuries after the
improvement was completed. At a minimum, the Railway-Highway Crossings Report should
include the following information:
A. Program Structure
i.
ii.
iii.

iv.
v.
vi.
vii.

Provide an Executive Summary of the overall Section 130 program administration and
results.
Identify the reporting period used by the State. This could be based on the calendar year,
State fiscal year, or Federal fiscal year. The reporting period should be consistent for a
State from year to year.
Describe the overall process of how Section 130 funds are administered in the State. This
section should cover broad topics such as:
a. Describe how the funds are distributed and administered in the State (such as
centralized administration or de-centralized administration through district or
regional offices).
b.
Describe the method(s) for project selection.
c. Describe the method(s) used to measure effectiveness of the projects and
program. Consideration should be given to quantifying effectiveness in the
context of fatalities and serious injuries, per 23 U.S.C. 148(h).
d. Describe any noteworthy efforts the State has used to effectively deliver a
successful program.
Identify the obligations for data acquisition and analysis efforts if Section 130 funds are
utilized for this purpose (Note: This is limited to 8 percent of the funds apportioned to the
State under Section 130).
Provide the total number of public crossings within the State, including the type of
crossing protection (active, passive, and grade separated).
Provide the specific program emphasis areas, and if necessary, include a discussion of
significant variations from previous reports.
Provide an assessment of overall Section 130 program effectiveness including 5-year
average fatality and serious injury data for the last five years, evaluation results, and how
results are used to improve the Section 130 program.

B. Project Metrics
This section provides a list of all the projects obligated using Section 130 funds during this
reporting period and an evaluation of previously completed projects.
i.

Project listing. The following information should be provided for all projects obligated
during this reporting period:
a.
Location of projects;
b.
USDOT crossing numbers;
c.
FHWA roadway functional classification;
d.
Specific project type and description (see project groupings below);
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e.
f.
g.
h.
ii.

Crossing protection (active, passive);
Crossing type (for example: vehicle, pedestrian, etc.);
Cost of project including Federal share; and
Funding types (Section 130 or other).

Previously completed projects. The following information should be provided to evaluate
previously completed projects:
a.
Location of projects;
b.
USDOT crossing numbers;
c.
FHWA roadway functional classification;
d. Specific project type and description (see project groupings below);
e.
Crossing protection (active, passive);
f.
Crossing type (for example: vehicle, pedestrian, etc.);
g.
Cost of project including Federal share;
h. Funding types (Section 130 or other);
i.
Crash data (show a minimum of 3 years before and up to 3 years after project
completion); and
j.
Effectiveness of prior year projects.

The project listings and previously completed projects should be grouped by the type of
improvement:
•

•

•

•
•
•

•

Crossing Approach Improvements - Projects such as channelization, new or upgraded
signals on the approach (not including the active grade crossing signals), guardrail,
pedestrian/bicycle path improvements near the crossing, and illumination.
Crossing Warning Sign and Pavement Marking Improvements - Projects such as
signs, pavement markings, and/or delineation where these project activities are the
predominant safety improvements.
Active Grade Crossing Equipment Installation/Upgrade - Projects such as new or
upgraded flashing lights and gates, track circuitry, wayside horns, and signal
improvements such as railway-highway signal interconnection and pre-emption,
including projects to replace functionally obsolete rail-highway safety equipment.
Visibility Improvements - Projects such as sight distance improvements and vegetation
clearance.
Roadway Geometry Improvements - Projects such as roadway horizontal and/or
vertical alignment, sight distance, and elimination of high-profile ("humped") crossings.
Grade Crossing Elimination - Projects such as crossing elimination through closure,
relocation, or construction/reconstruction of a grade separation structure, including to
eliminate hazards posed by blocked crossings due to idling trains.
Crossing Inventory Update - Projects such as efforts to update and manage the railwayhighway grade crossing inventory and development of a Web-based inventory.

3. Protection of Data from Discovery & Admission Evidence
Section 407 of title 23 U.S.C. states that reports, surveys, schedules, lists, or data compiled or
collected for the purpose of identifying, evaluating, or planning the safety enhancement of
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railway-highway crossings pursuant to Section 130 shall not be subject to discovery or admitted
into evidence in a Federal or State court proceeding or considered for other purposes in an action
for damages arising from any occurrence at a location mentioned or addressed in such reports,
surveys, schedules, lists, or data.
Questions
If you have any questions or need additional information, please contact Kelly Morton (202-3668090 or kelly.morton@dot.gov) or Esther Strawder (202-366-6836 or esther.strawder@dot.gov).
Attachment:
cc:

Report Template

Directors of Field Services
Safety Field
HCC
HCF
HPL

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Attachment: Report Template 1
A. PROGRAM STRUCTURE
1. State
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2. Executive Summary
enter text here
3. Identify the reporting period used by the state.
[] Calendar Year: Jan. 1 to Dec. 31
[] Federal Fiscal Year: Oct. 1 to Sept. 30
[] State Fiscal Year: enter text here
4. Describe the overall process of how Section 130 funds are administered in the
State.
enter text here
a. Describe how funds are distributed and administered in the State.
[] Centralized Administration
[] De-centralized administration through district or regional offices
b. Describe the method(s) used for project selection.
enter text here
c. Describe the method(s) used to measure effectiveness (in terms of
reducing fatalities and serious injuries) of the projects and program.
enter text here
d. Describe any noteworthy efforts the State has used to effectively
deliver a successful program.
enter text here

This information collection has been assigned OMB control number 2125-0025 under the
Paperwork Reduction Act.
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5. Identify the obligations for data acquisition and analysis efforts. This amount
is limited to 8 percent of the annual Section 130 apportionment.
enter text here
6. Provide the total number of public crossings within the State, including the
type of crossing protection.
Crossing type

Number of Crossings

At-Grade Active Warning Devices
At-Grade Passive Warning Devices
Grade-Separated RR Under Road
Grade-Separated RR Over Road
Non-Motorized Active Warning Devices
Non-Motorized Passive Warning Devices
Non-motorized Active and Passive Crossings are a subset of the total and include
public pathways, shared use paths and trails but not sidewalks that are part of a
roadway crossing.
7. Provide the specific program emphasis areas, and if necessary, a discussion
of significant variations from previous reports.
enter text here
8. Provide an assessment of overall Section 130 program effectiveness including
evaluation results and how results are used to improve the Section 130
program.
enter text here
9. Provide performance measure data including fatalities and serious injuries
for the last five years at railway-highway crossings.
enter text here

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B. PROJECT METRICS
1. Project Listing
Location

USDOT
Crossing
Number

FHWA
Roadway
Functional
Classification

Project Type
(See
Grouping
Table below)

Crossing
Protection
(Active or
Passive)

Crossing Type Cost Federal
(Vehicle,
Share
Pedestrian,
etc)

Funding
Type
(Section
130 or
other)

2. Previously Completed Projects
Location USDOT
FHWA
Project
Crossing Crossing Cost Federal Funding Crash EffectiveCrossing Roadway Type (See Protection
Type
Share
Type
Data
ness of
Number Functional Grouping (Active or (Vehicle,
(Section
prior year
ClassTable
Passive)
Pedes130 or
projects
ification
below)
trian, etc)
other)

Project listing should be grouped by the following types of improvements
2. Crossing Approach Improvements - Projects such as channelization, new or upgraded signals on the approach (not
including the active grade crossing signals), guardrail, pedestrian/bicycle path improvements near the crossing, and
illumination.
3. Crossing Warning Sign and Pavement Marking Improvements - Projects such as signs, pavement markings and/or
delineation where these project activities are the predominant safety improvements.

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4. Active Grade Crossing Equipment Installation/Upgrade - Projects such as new or upgraded flashing lights and
gates, track circuitry, wayside horns, and signal improvements such as railway-highway signal interconnection and preemption, including projects to replace functionally obsolete rail-highway safety equipment.
5. Visibility Improvements - Projects such as sight distance improvements and vegetation clearance.
6. Roadway Geometry Improvements - Projects such as roadway horizontal and/or vertical alignment, sight distance,
and elimination of high-profile ("humped") crossings.
7. Grade Crossing Elimination - Projects such as crossing elimination through closure, relocation, or
construction/reconstruction of a grade separation structure, including to eliminate hazards posed by blocked crossings
due to idling trains.
8. Crossing Inventory Update - Projects such as efforts to update and manage the railway- highway grade crossing
inventory and development of a Web-based inventory.

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