I 
112TH CONGRESS 
1ST SESSION 
H. R. 825 
To direct the Secretary of Transportation to carry out programs and activities 
to improve highway safety. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 28, 2011 
Mr. RAHALL (for himself and Mr. PETRI) introduced the following bill; which 
was referred to the Committee on Transportation and Infrastructure 
A BILL 
To direct the Secretary of Transportation to carry out 
programs and activities to improve highway safety. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Surface Transpor-
tation Safety Act of 2011’’. 
SEC. 2. WORKER INJURY PREVENTION AND FREE FLOW OF 
VEHICULAR TRAFFIC. 
The Secretary of Transportation shall modify regula-
tions issued pursuant to section 1402 of the Safe, Ac-
countable, Flexible, Efficient Transportation Equity Act: 
VerDate Mar 15 2010 
03:49 Mar 01, 2011
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H825.IH
H825
pwalker on DSKD5P82C1PROD with BILLS
A Legacy for Users (23 U.S.C. 401 note; 119 Stat. 1227) 
to allow fire services personnel that are subject to the reg-
ulations to wear apparel meeting the high visibility re-
quirements set forth in NFPA 1971–2007 (Standard on 
Protective Ensembles for Structural Fire Fighting and 
Proximity Fire Fighting) in lieu of apparel meeting the 
requirements set forth in ANSI/ISEA 107–2004. 
SEC. 3. POSITIVE PROTECTIVE DEVICES. 
Not later than 60 days after the date of enactment 
of this Act, the Secretary of Transportation shall modify 
section 630.1108(a) of title 23, Code of Federal Regula-
tions, to ensure that— 
(1) at a minimum, positive protective measures 
are used to separate workers on highway construc-
tion projects from motorized traffic in all work zones 
conducted under traffic in areas that offer workers 
no means of escape, including tunnels and bridges, 
unless an engineering analysis determines otherwise; 
(2) temporary longitudinal traffic barriers are 
used to protect workers on highway construction 
projects in stationary work zones lasting 2 weeks or 
more when the project design speed is 45 miles per 
hour or greater and the nature of the work requires 
workers to be within one lane-width from the edge 
of a live travel lane, unless— 
VerDate Mar 15 2010 
03:49 Mar 01, 2011
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H825.IH
H825
pwalker on DSKD5P82C1PROD with BILLS
(A) an engineering analysis determines 
otherwise; or 
(B) the project is located in a State with 
a population density of 20 or fewer persons per 
square mile, outside of an urbanized area, and 
on a roadway with an annual average daily traf-
fic load that is less than 100 vehicles per hour; 
and 
(3) when positive protective devices are nec-
essary for highway construction projects, such de-
vices are paid for on a unit pay basis, unless doing 
so would create a conflict with innovative con-
tracting approaches such as design-build or a per-
formance-based contract where the contractor is 
paid to assume a certain risk allocation and payment 
is generally made on a lump sum basis. 
SEC. 4. USE OF PATENTED OR PROPRIETARY ITEMS TO 
FURTHER STATE STRATEGIC HIGHWAY SAFE-
TY PLANS. 
Section 112 of title 23, United States Code, is 
amended by adding at the end the following: 
‘‘(h) USE OF PATENTED OR PROPRIETARY ITEMS TO 
FURTHER
STATE
STRATEGIC
HIGHWAY
SAFETY 
PLANS.— 
VerDate Mar 15 2010 
03:49 Mar 01, 2011
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H825.IH
H825
pwalker on DSKD5P82C1PROD with BILLS
‘‘(1) APPROVAL OF USE OF FEDERAL FUNDS.— 
The Secretary shall approve the use of Federal 
funds made available to carry out this chapter by a 
State in the payment of patented or proprietary 
items if the State transportation department cer-
tifies, based on the documented analysis and profes-
sional judgment of qualified State transportation of-
ficials, that— 
‘‘(A) the patented or proprietary item will 
contribute to the accomplishment of one or 
more goals set forth in the State’s strategic 
highway safety plan; 
‘‘(B) no equally suitable alternative item 
exists; 
‘‘(C) any specified patented or proprietary 
item will be clearly identified as a patented or 
proprietary item in bid documents; and 
‘‘(D) any patented or proprietary item 
specified pursuant to the certification will be 
available in sufficient quantity to complete any 
project identified in bid documents. 
‘‘(2) RELATIONSHIP TO OTHER LAWS.—The au-
thority to utilize patented or proprietary items pro-
vided in paragraph (1) is in addition to authority to 
utilize such products that exists under this section 
VerDate Mar 15 2010 
03:49 Mar 01, 2011
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H825.IH
H825
pwalker on DSKD5P82C1PROD with BILLS
and under section 635.411 of title 23, Code of Fed-
eral Regulations, as in effect on March 2, 2009. The 
Secretary may not revise such regulation to reduce 
authority to utilize patented or proprietary items.’’. 
SEC. 5. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 
(a) HIGHWAY SIGNS AND PAVEMENT MARKINGS.— 
Section 148(a)(3)(B)(xi) of title 23, United States Code, 
is amended to read as follows: 
‘‘(xi) Installation, replacement, and 
upgrade of highway signs and pavement 
markings, including any upgrade of mate-
rials and the implementation of any assess-
ment or management method designed to 
meet 
a 
State-established 
performance 
standard, Federal regulation, or require-
ment contained in the Manual on Uniform 
Traffic Control Devices relating to min-
imum levels of retroreflectivity.’’. 
(b) 
MAINTAINING
MINIMUM
LEVELS
OF 
RETROREFLECTIVITY.— 
(1) DEFINITION.—Section 148(a) of such title 
is amended by adding at the end the following: 
‘‘(7) PROJECT TO MAINTAIN MINIMUM LEVELS 
OF
RETROREFLECTIVITY.—The term ‘project to 
maintain minimum levels of retroreflectivity’ means 
VerDate Mar 15 2010 
03:49 Mar 01, 2011
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H825.IH
H825
pwalker on DSKD5P82C1PROD with BILLS
a project undertaken pursuant to the provisions of 
the Manual on Uniform Traffic Control Devices re-
quiring public agencies to use an assessment or 
management method that is designed to maintain 
highway sign or pavement marking retroreflectivity 
at or above prescribed minimum levels.’’. 
(2) ELIGIBLE PROJECTS.—Section 148(d)(1) of 
such title is amended— 
(A) by striking ‘‘or’’ at the end of subpara-
graph (A); 
(B) by redesignating subparagraph (B) as 
subparagraph (C); and 
(C) by inserting after subparagraph (A) 
the following: 
‘‘(B) any project to maintain minimum lev-
els of retroreflectivity on a public road, whether 
or not such project is included in the State 
strategic highway safety plan; or’’. 
(3) INCREASED
FEDERAL
SHARE.—The first 
sentence of section 120(c)(1) is amended by insert-
ing ‘‘maintaining minimum levels of retroreflectivity 
of highway signs or pavement markings,’’ after ‘‘sig-
nalization,’’. 
VerDate Mar 15 2010 
03:49 Mar 01, 2011
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H825.IH
H825
pwalker on DSKD5P82C1PROD with BILLS
SEC. 6. ROADWAY SAFETY IMPROVEMENT PROGRAM FOR 
OLDER DRIVERS AND PEDESTRIANS. 
(a) IN GENERAL.—The Secretary of Transportation 
shall carry out a program to improve traffic signs and 
pavement markings in all States (as such term is defined 
in section 101 of title 23, United States Code) in a manner 
consistent with the recommendations included in the pub-
lication of the Federal Highway Administration entitled 
‘‘Guidelines and Recommendations to Accommodate Older 
Drivers and Pedestrians (FHWA–RD–01–103)’’ and 
dated October 2001. 
(b) APPORTIONMENT OF FUNDS.—On October 1 of 
each fiscal year, the Secretary shall apportion sums au-
thorized to be appropriated to carry out this section for 
such fiscal year among the several States using the overall 
formula share for each State for fiscal year 2009 for all 
funds subject to section 105 of title 23, United States 
Code, including equity bonus funds, obtained after appli-
cation of such section 105 for such fiscal year. 
(c) FEDERAL SHARE.—The Federal share of the cost 
of a project carried out under this section shall be deter-
mined in accordance with section 120 of title 23, United 
States Code. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated out of the Highway Trust 
Fund (other than the Mass Transit Account) $90,000,000 
VerDate Mar 15 2010 
03:49 Mar 01, 2011
Jkt 099200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H825.IH
H825
pwalker on DSKD5P82C1PROD with BILLS
to carry out this section for each of fiscal years 2011 
through 2015. 
(e) APPLICABILITY
OF TITLE 23.—Funds made 
available to carry out this section shall be available for 
obligation in the same manner as if such funds were ap-
portioned under chapter 1 of title 23, United States Code. 
SEC. 7. RAIL-HIGHWAY GRADE CROSSINGS. 
(a) TRANSPARENCY OF STATE SURVEY AND SCHED-
ULE OF RAILWAY-HIGHWAY GRADE CROSSINGS.— 
(1) SURVEY AND SCHEDULE OF PROJECTS.— 
Section 130(d) of title 23, United States Code, is 
amended by adding at the end the following: ‘‘Each 
State shall make surveys and schedules compiled 
under this subsection available to the public through 
the Internet Web site of the State.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect on the date that 
is 180 days after the date of enactment of this sub-
section. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated out of the Highway Trust 
Fund (other than the Mass Transit Account) to carry out 
section 130 of title 23, United States Code, $220,000,000 
for each of fiscal years 2011 through 2015. 
VerDate Mar 15 2010 
03:49 Mar 01, 2011
Jkt 099200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H825.IH
H825
pwalker on DSKD5P82C1PROD with BILLS
(c) CONFORMING AMENDMENTS.—Section 130 of 
title 23, United States Code, is amended— 
(1) in subsection (e)(1) by striking the first 
sentence; and 
(2) in subsections (f)(1) and (f)(3) by striking 
‘‘set aside’’ and inserting ‘‘made available’’. 
SEC. 8. REVIEW OF SAFETY OF RAIL-HIGHWAY GRADE 
CROSSINGS. 
(a) IN GENERAL.—The Secretary of Transportation 
shall conduct a comprehensive review of the safety of all 
rail-highway grade crossings in the United States. 
(b) METHOD.—In reviewing the safety of a rail-high-
way grade crossing under subsection (a), the Secretary 
shall— 
(1) assess, at a minimum, safety conditions, av-
erage daily traffic, proximity to schools, past acci-
dents, fatalities, and possible safety improvements; 
and 
(2) determine the best method for making the 
crossing safer, including closings, grade separations, 
installation of protective devices, and other methods. 
(c) PRIORITY LIST.—Based on the information col-
lected in conducting the comprehensive review under sub-
section (a), the Secretary shall compile, maintain, and 
submit to Congress a list of the 10 rail-highway grade 
VerDate Mar 15 2010 
03:49 Mar 01, 2011
Jkt 099200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H825.IH
H825
pwalker on DSKD5P82C1PROD with BILLS