[Federal Register Volume 69, Number 25 (Friday, February 6, 2004)]
[Notices]
[Pages 5889-5890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2637]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-1999-6439, Notice No. 11]
RIN 2130-AA71


Use of Locomotive Horns at Highway-Rail Grade Crossings

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

ACTION: Notice of determination.

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SUMMARY: FRA's Interim Final Rule on the Use of Locomotive Horns at 
Highway-Rail Grade Crossings provides for annual recalculation of the 
Nationwide Significant Risk Threshold (NSRT). The NSRT is a number

[[Page 5890]]

reflecting the measure of risk, calculated on a nationwide basis, which 
reflects the average level of risk to the motoring public at public 
highway-rail grade crossings equipped with flashing lights and gates at 
which locomotive horns are sounded. The newly recalculated NSRT is 
16,988.

FOR FURTHER INFORMATION CONTACT: Ron Ries, Office of Safety, FRA, 1120 
Vermont Avenue, NW.,Washington, DC 20590 (telephone: 202-493-6299); or 
Kathryn Shelton, Office of Chief Counsel, FRA, 1120 Vermont Avenue, 
NW., Washington, DC 20590 (telephone: 202-493-6038).

SUPPLEMENTARY INFORMATION: On December 18, 2003, FRA published in the 
Federal Register (68 FR 70586) an interim final rule requiring that a 
locomotive horn be sounded while a train is approaching and entering a 
public highway-rail crossing. The rules also provide for an exception 
to the above requirement in circumstances in which there is not a 
significant risk of loss of life or serious personal injury, use of the 
locomotive horn is impractical, or safety measures fully compensate for 
the absence of the warning provided by the horn.
    As provided in the Interim Final Rule, the NSRT is a number 
reflecting the measure of risk, calculated on a nationwide basis, which 
reflects the average level of risk to the motoring public at public 
highway-rail grade crossings equipped with flashing lights and gates at 
which locomotive horns are sounded. This number is used in the 
determination of whether quiet zones may be created under the terms of 
the Interim Final Rule.
    Although the Interim Final Rule is not effective until December 18, 
2004, FRA is providing an update of the NSRT at this time to assist 
communities in their planning efforts. Accordingly, in accordance with 
the terms of the Interim Final Rule, FRA has calculated the NSRT to be 
16,988.

    Issued in Washington, DC on February 3, 2004.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 04-2637 Filed 2-5-04; 8:45 am]
BILLING CODE 4910-06-P