[Federal Register Volume 73, Number 103 (Wednesday, May 28, 2008)]
[Notices]
[Pages 30661-30662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11848]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-1999-6439, Notice No. 19]


Adjustment of Nationwide Significant Risk Threshold

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

ACTION: Notice of Adjustment of the Nationwide Significant Risk 
Threshold.

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SUMMARY: In accordance with Title 49 Code of Federal Regulations Part 
222, Appendix D, FRA is updating the Nationwide Significant Risk 
Threshold (NSRT). This action is needed to ensure that the public has 
the proper threshold of permissible risk for calculating quiet zones 
established in relationship to the NSRT. This is the second update to 
the NSRT since the final rule, titled ``Use of Locomotive Horns at 
Highway-Rail Grade Crossings,'' was amended in response to petitions 
for reconsideration on August 17, 2006 (71 FR 47614). This notice 
announces that the NSRT has fallen from 19,047 to 17,610.

DATES: The effective date is May 28, 2008.

FOR FURTHER INFORMATION CONTACT: Ronald Ries, Office of Safety, FRA, 
1200 New Jersey Avenue, SE., Washington, DC 20590 (telephone: (202) 
493-6299 or e-mail: [email protected]); or Kathryn Shelton, Office of 
Chief Counsel, FRA, 1200 New Jersey Avenue, SE., Washington, DC 20590 
(telephone: (202) 493-6038 or e-mail: [email protected]).

SUPPLEMENTARY INFORMATION:

Background

    The NSRT is simply an average of the risk indexes for gated public 
crossings nationwide where train horns are routinely sounded. FRA 
developed this risk index to serve as one threshold of permissible risk 
for quiet zones established under this rule across the Nation. Thus, a 
community that is trying to establish and/or maintain its quiet zone 
pursuant to 49 CFR Part 222 can compare the Quiet Zone Risk Index 
calculated for its specific crossing corridor to the NSRT to determine 
whether sufficient measures have been taken to compensate for the 
excess risk that results from prohibiting routine sounding of the 
locomotive horn. (In the alternative, a community can establish its 
quiet zone in comparison to the Risk Index With Horns, which is a 
corridor-specific measure of risk to the motoring public when 
locomotive horns are routinely sounded at every public highway-rail 
grade crossing within the quiet zone.)
    In 2006, when the final rule, titled ``Use of Locomotive Horns at 
Highway-Rail Grade Crossings'' was amended, the NSRT was 17,030 (71 FR 
47614, August 17, 2006). In 2007, FRA recalculated the NSRT to be 
19,047 (72 FR 14850, March 29, 2007.)

New NSRT

    Using collision data from 2002 to 2006, FRA has recalculated the 
NSRT based on formulas identified in 49 CFR Part 222, Appendix D. In 
making this recalculation, FRA noted that the total number of gated, 
nonwhistle ban crossings was 38,420.
[GRAPHIC] [TIFF OMITTED] TN28MY08.002

    Applying the fatality rate and injury rate to the probable number 
of fatalities and casualties predicted to occur at each of the 38,420 
identified crossings and the predicted cost of the associated injuries 
and fatalities, FRA calculates the NSRT to be 17,610.


[[Page 30662]]


    Issued in Washington, DC on May 21, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
 [FR Doc. E8-11848 Filed 5-27-08; 8:45 am]
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