memorandum...2 . the tcp details and provisions attached to this memorandum are applicable to all...

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Memorandum via Electronic Mail Subject: INFORMATION : Traffic Control Plan Details and Date: December 20, 2005 Provisions for U.S. Border Patrol Checkpoints on Highways in the United States Reply to Attn. of: HOTO-1 From: Jeffrey F. Paniati /s/Jeffrey F. Paniati Associate Administrator for Operations To: Associate Administrators Chief Counsel Directors of Field Services Resource Center Director and Operations Managers Division Administrators Federal Lands Highway Division Engineers The purpose of this Policy Guidance Memorandum is to transmit Traffic Control Plans (TCPs) that have been developed for U.S. Border Patrol (USBP) checkpoints. The USBP is responsible for detecting, interdicting, and apprehending those who attempt to illegally enter or smuggle people or contraband across U.S. borders between official ports of entry. USBP checkpoints assist in this process. There are approximately interior checkpoints in the United States within the "zone of security," which extends inward from 100 miles from the external boundary (both land and water). Permanent checkpoints incorporate permanent physical structures and traffic control, and remain operational almost continuously. Tactical checkpoints are operated in the same predetermined locations but do not include permanent physical structures. As you may be aware, there were two serious crashes near a USBP checkpoint on Interstate 87 in North Hudson, New York, in 2004. These two crashes resulted in four fatalities and a number of injuries. Subsequently, the National Transportation Safety Board (NTSB) investigated these crashes and recommended that the FHWA and the USBP assist the American Association of State Highway and Transportation Officials (AASHTO) in developing comprehensive traffic control guidelines specifically tailored to USBP checkpoints located on high-speed arterial roadways. A "Traffic Safety Group" was formed to address the NTSB recommendations. This group, chaired by the USBP, included representatives from USBP, AASHTO, and FHWA. The Traffic Safety Group established a TCP Task Force led by AASHTO. The Task Force focused on developing TCPs in response to the above referenced NTSB recommendation. In past months, the Task Force including representatives from several border State departments of transportation and USBP met several times to develop TCPs for USBP checkpoints. Case 4:14-cv-02485-BGM Document 38-2 Filed 02/27/15 Page 1 of 8 BRE 5278

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Page 1: Memorandum...2 . The TCP details and provisions attached to this memorandum are applicable to all USBP checkpoints on all highways in the United States. Ports of Entry, those checkpoints

Memorandum via Electronic Mail

Subject: INFORMATION: Traffic Control Plan Details and Date: December 20, 2005 Provisions for U.S. Border Patrol Checkpoints on Highways in the United States

Reply to Attn. of: HOTO-1

From: Jeffrey F. Paniati /s/Jeffrey F. Paniati Associate Administrator for Operations

To: Associate Administrators Chief CounselDirectors of Field Services Resource Center Director and Operations Managers Division AdministratorsFederal Lands Highway Division Engineers

The purpose of this Policy Guidance Memorandum is to transmit Traffic Control Plans (TCPs) that have been developed for U.S. Border Patrol (USBP) checkpoints. The USBP is responsible for detecting, interdicting, and apprehending those who attempt to illegally enter or smuggle people or contraband across U.S. borders between official ports of entry. USBP checkpoints assist in this process. There are approximately interior checkpoints in the United States within the "zone of security," which extends inward from 100 miles from the external boundary (both land and water). Permanent checkpoints incorporate permanent physical structures and traffic control, and remain operational almost continuously. Tactical checkpoints are operated in the same predetermined locations but do not include permanent physical structures.

As you may be aware, there were two serious crashes near a USBP checkpoint on Interstate 87 in North Hudson, New York, in 2004. These two crashes resulted in four fatalities and a number of injuries. Subsequently, the National Transportation Safety Board (NTSB) investigated these crashes and recommended that the FHWA and the USBP assist the American Association of State Highway and Transportation Officials (AASHTO) in developing comprehensive traffic control guidelines specifically tailored to USBP checkpoints located on high-speed arterial roadways.

A "Traffic Safety Group" was formed to address the NTSB recommendations. This group, chaired by the USBP, included representatives from USBP, AASHTO, and FHWA. The Traffic Safety Group established a TCP Task Force led by AASHTO. The Task Force focused on developing TCPs in response to the above referenced NTSB recommendation. In past months, the Task Force including representatives from several border State departments of transportation and USBP met several times to develop TCPs for USBP checkpoints.

Case 4:14-cv-02485-BGM Document 38-2 Filed 02/27/15 Page 1 of 8

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Page 2: Memorandum...2 . The TCP details and provisions attached to this memorandum are applicable to all USBP checkpoints on all highways in the United States. Ports of Entry, those checkpoints

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The TCP details and provisions attached to this memorandum are applicable to all USBP checkpoints on all highways in the United States. Ports of Entry, those checkpoints at the physical border between the United States and Canada and Mexico, are not covered by this policy guidance as they are not USBP checkpoints.

The National Committee on Uniform Traffic Control Devices (NCUTCD), the AASHTO Subcommittee on Traffic Engineering, and USBP have reviewed and endorsed the attached TCPs. Thus, there is broad support and agreement for the USBP checkpoint TCPs details and provisions as set forth in the attachment.

The NTSB’s investigation concluded that easily identified, clearly stated guidance on TCPs for USBP checkpoints, in conjunction with site-specific input from State departments of transportation, could have helped prevent the crashes that occurred in 2004. I urge you to determine if the subject checkpoints are operating in your State. If such sites are present, you should work with your State to ensure that they meet, at the least, the minimum provisions of the attached TCPs. Further, I recommend that your staff make themselves available to provide technical assistance. It is incumbent upon us to provide national leadership in this area. The AASHTO will distribute the TCP guidance to the chief traffic engineer in every State and USBP plans to make each of their 20 US Border Patrol sectors aware of the plans.

Should you have any questions about the USBP TCP details and provisions, any of the recommendations contained in the text of this memorandum, or the applicability of this memorandum, please contact Mr. Hari Kalla at 202-366-5915 or via email at [email protected].

Attachments

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