[Federal Register Volume 74, Number 168 (Tuesday, September 1, 2009)]
[Notices]
[Pages 45270-45271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20966]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-1999-6439, Notice No. 20]


Adjustment of Nationwide Significant Risk Threshold

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

ACTION: Notice of Adjustment of Nationwide Significant Risk Threshold.

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SUMMARY: In accordance with Appendix D to Title 49 Code of Federal 
Regulations (CFR) part 222, Use of Locomotive Horns at Highway-Rail 
Grade Crossings, 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 third update to 
the NSRT, which is being increased to 18,775 from 17,610.

DATES: The effective date is September 1, 2009.

FOR FURTHER INFORMATION CONTACT: Mr. Ronald Ries, Office of Railroad 
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. (Alternatively, 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, Aug. 17, 2006). In 2007, FRA recalculated the NSRT to be 19,047 
(72 FR 14850, Mar. 29, 2007). In 2008, FRA recalculated the NSRT to be 
17,610 (73 FR 30661, May 28, 2008).

New NSRT

    Using collision data from 2004 to 2008, FRA has recalculated the 
NSRT based on formulas identified in Appendix D to 49 CFR part 222. In 
making this recalculation, FRA noted that the total number of gated, 
non-whistle-ban crossings was 39,065.
[GRAPHIC] [TIFF OMITTED] TN01SE09.000

    Applying the fatality rate and injury rate to the probable number 
of fatalities and casualties predicted to occur at each of the 39,065 
identified crossings and the predicted cost of the associated injuries 
and fatalities, FRA calculates the NSRT to be 18,775.


[[Page 45271]]


    Issued in Washington, DC, on August 25, 2009.
Jo Strang,
Associate Administrator for Railroad Safety/Chief Safety Officer.
[FR Doc. E9-20966 Filed 8-31-09; 8:45 am]
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