[Federal Register Volume 63, Number 100 (Tuesday, May 26, 1998)]
[Notices]
[Pages 28549-28550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13804]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration
[FRA Docket No. RSGC-7]


Environmental Impact Statement: FRA Regulation of the Use of 
Locomotive Horns at Highway-Rail Grade Crossings Nationwide

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Notice of intent.

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SUMMARY: FRA is issuing this notice to advise the public that an 
environmental impact statement (EIS) will be prepared for the proposed 
regulation covering the sounding of locomotive horns at highway-rail 
grade crossings and to solicit input into the development of the scope 
of that EIS.

FOR FURTHER INFORMATION CONTACT: Regarding the environmental review 
contact David Valenstein, Environmental Specialist, Office of Railroad 
Development, Federal Railroad Administration (RDV 13), 400 Seventh 
Street, SW (Mail Stop 20), Washington, D.C. 20590, (telephone 202 632-
3268). For information regarding the rule making process contact Bruce 
F. George, Staff Director, Highway Rail Crossing and Trespasser 
Programs, Office of Safety, FRA, 400 Seventh Street, SW (Mail Stop 25), 
Washington, D.C. 20590 (telephone 202 632-3312), or Mark H. Tessler, 
Office of Chief Counsel, FRA, 400 Seventh Street, SW (Mail Stop 10), 
Washington, D.C. 20590 (telephone 202 632-3171).

SUPPLEMENTARY INFORMATION:

Background 0

    The Swift Rail Development Act (Pub. L. 103-440, November 2, 1994) 
added Section 20153 to title 49, United States Code. That section 
directs the Secretary of Transportation (delegated to the Federal 
Railroad Administrator) to prescribe regulations requiring that a 
locomotive horn be sounded while each train is approaching and entering 
upon each public highway-rail grade crossing. In addition, 49 U.S.C. 
20153 provides FRA the authority to except from this requirement, 
categories of rail operations or categories of grade crossings that: 
(1) Are determined not to present significant risk with respect to loss 
of life or serious personal injury; (2) for which the use of a 
locomotive horn is impractical; or (3) for which supplementary safety 
measures fully compensate for the absence of the warning provided by 
the locomotive horn.
    The sounding of locomotive horns at highway-rail grade crossings is 
recognized by FRA and the railroad industry as contributing to railroad 
and highway safety. Studies conducted by FRA of circumstances where the 
sounding of horns had been restricted in eastern Florida (so-called 
``whistle bans'') have indicated an increased incidence of collisions 
involving trains and highway users where locomotive horns were not 
sounded. Although the sounding of locomotive horns at highway-rail 
grade crossings is the normal practice at most of the 162,000 public 
grade crossings in the U.S., FRA is aware of approximately 2,200 
crossings in 200 communities where locomotive horns are not routinely 
sounded.
    In preparing for the rulemaking process required by 49 U.S.C. 
20153, FRA established a public docket to enable local officials and 
citizens to offer their insight into the issues surrounding whistle 
bans and to comment on how FRA might best implement 49 U.S.C. 20153. 
FRA also undertook extensive research into locomotive horns and their 
relationship to grade crossing safety through the Department of 
Transportation's John A. Volpe National Transportation Systems Center. 
Some of the comments offered by the public expressed concerns that any 
regulation requiring the sounding of locomotive horns could create 
adverse environmental impacts in the form of significantly higher 
community noise levels in the vicinity of those highway-rail grade 
crossings where horns are presently not sounded. Based upon a review of 
these comments, and ongoing research, FRA has concluded that the 
promulgation of the regulation required by 49 U.S.C. 20153 is a major 
Federal action as this term is used in section 102(c) of the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) As a 
consequence, FRA is initiating the preparation of an EIS as required 
under NEPA and the regulations of the President's Council on 
Environmental Quality implementing NEPA (40 CFR S 1502).

Alternatives

    FRA currently plans to analyze two alternatives in this 
environmental review, the proposed action and the ``no-action'' 
alternative. The proposed action is to comply with the statutory 
mandate and issue a regulation requiring the sounding of locomotive 
horns at every public highway-rail grade crossing in the U.S., 
including those where locomotive horns are presently not sounded. Such 
a rule would effectively preempt any State or local law or regulation 
to the contrary. The regulation encompassed in the proposed action 
would also identify a number of measures which the States and 
communities can undertake to provide improved safety at public highway-
rail grade crossings. In such situations regular sounding of railroad 
horns would then become unnecessary from a safety perspective and could 
cease. The regulation would also establish a procedure for 
consideration by FRA of proposals by States, communities or other 
interested persons for approval of new supplementary safety measures 
that would permit designation of a quiet zone. The environmental 
impacts of requiring the sounding of locomotive horns at public 
highway-rail crossings where the horns are not presently sounded and a 
consideration of the environmental impacts associated with the 
implementation of supplementary safety measures would be a part of the 
proposed action analysis.
    The no-action alternative would involve maintenance of the status 
quo with respect to the sounding of locomotive horns. This would 
require

[[Page 28550]]

alternative amendments to existing legislation.

Areas of Significant Environmental Concern

    FRA's review of the current practice of sounding locomotive horns 
at highway-rail grade crossings and the comments received thus far in 
the public docket of this rulemaking have identified two primary areas 
of environmental concern associated with the proposed regulation, noise 
(and related impacts) and safety.

Scoping and Comments

    FRA encourages broad participation in the EIS process during 
scoping and review of the resulting environmental documentation. 
Comments and suggestions are invited from all interested agencies and 
the public at large to insure the full range of issues related to the 
proposed action and all reasonable alternatives are addressed and all 
significant issues are identified. In particular, FRA is interested in 
determining whether there are any other reasonable alternatives 
consistent with the provisions of 49 U.S.C. 20153 and whether there are 
other areas of environmental concern where there might be the potential 
for significant impacts, either adverse or favorable, as a result of 
promulgating the proposed rule.
    Due to the national scope of the proposed regulation, FRA does not 
plan to hold public scoping meetings. Notices soliciting comments have 
been and will be sent to appropriate Federal, State, and local 
agencies, private organizations and citizens who have expressed an 
interest in this rulemaking and made available to the media in areas 
that have been identified to date as currently subject to whistle bans 
or where whistle bans have been preempted by FRA order. Persons 
interested in providing comments on the scope of this environmental 
document should do so by June 19, 1998. Comments can be sent in writing 
to Mr. David Valenstein at the address identified above. Comments can 
also be sent via the Internet at: [email protected].

The Remaining Environmental Review Process

    Comments received on the scope and methodology to be used in 
preparation of the EIS will be reviewed by FRA to develop the final 
scope of the environmental review. A summary of the comments received 
will be provided to agencies and members of the public expressing an 
interest in this environmental review. FRA and its consultants will 
then undertake preparation of a draft EIS which will be made available 
to the public for comment. This is presently scheduled for the late 
fall 1998. It is FRA's intention that the comment period for the draft 
EIS will occur during the comment period associated with the proposed 
rule so that interested agencies and the public can combine their 
comments and that the environmental issues can be fully considered as 
FRA develops the final rule. After reviewing comments on the draft EIS, 
FRA will prepare a final EIS that addresses these comments and 
incorporates any additional analyses and material deemed necessary. The 
final EIS will be made available for public review for not less than 30 
days before FRA takes any final action on the proposed rule.

Internet

    This notice and all subsequent documents prepared as part of this 
environmental review will be available in the environmental pages of 
the FRA Internet website, located at: http://www.fra.dot.gov

    Issued in Washington, D.C. on: May 19, 1998.
Donald M. Itzkoff,
Deputy Administrator.
[FR Doc. 98-13804 Filed 5-22-98; 8:45 am]
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