[Federal Register Volume 77, Number 3 (Thursday, January 5, 2012)]
[Notices]
[Pages 546-547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33782]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-1999-6439, Notice No. 23]


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 fifth update to 
the NSRT, which has fallen from 14,007 to 13,722.

DATES: The effective date is January 5, 2012.

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

SUPPLEMENTARY INFORMATION: 

Background

    The NSRT is 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). In 2008, FRA recalculated the 
NSRT to be 17,610 (73 FR 30661, May 28, 2008). In 2009, FRA 
recalculated the NSRT to be 18,775 (74 FR 45270, September 1, 2009). In 
2010, FRA recalculated the NSRT to be 14,007 (75 FR 82136, December 29, 
2010).

New NSRT

    Using collision data from 2006 to 2010, 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 42,150.

[[Page 547]]

[GRAPHIC] [TIFF OMITTED] TN05JA12.011

    Applying the fatality rate and injury rate to the probable number 
of fatalities and casualties predicted to occur at each of the 42,150 
identified crossings and the predicted cost of the associated injuries 
and fatalities, FRA calculates the NSRT to be 13,722.

    Issued in Washington, DC, on December 29, 2011.
Robert C. Lauby,
Acting Associate Administrator for Railroad Safety/Chief Safety 
Officer.
[FR Doc. 2011-33782 Filed 1-4-12; 8:45 am]
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