[Federal Register Volume 78, Number 228 (Tuesday, November 26, 2013)]
[Notices]
[Page 70623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28298]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-1999-6439, Notice No. 24]


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 Public 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 sixth update to 
the NSRT, which is increasing from 13,722 to 14,347.

DATES: The effective date of this notice is November 26, 2013.

FOR FURTHER INFORMATION CONTACT: Mr. Ronald Ries, Office of Railroad 
Safety, FRA, 1200 New Jersey Avenue SE., Washington, DC 20590, (202) 
493-6299, [email protected]; or Kathryn Shelton, Office of Chief 
Counsel, FRA, 1200 New Jersey Avenue SE., Washington, DC 20590, (202) 
493-6038, [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 across the nation under 49 CFR part 222, 
Use of Locomotive Horns at Public Highway-Rail Grade Crossings. 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 defined 
in 49 CFR 222.9 as a measure of risk to the motoring public when 
locomotive horns are routinely sounded at every public highway-rail 
grade crossing within a quiet zone.)
    FRA has been updating the NSRT since 2006, when it was calculated 
to be 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). FRA's last update to the NSRT was made in 2012, 
when it was calculated to be 13,722 (77 FR 546, January 5, 2012).

New NSRT

    Using collision data over a five-year period from 2008 to 2012, 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 crossings nationwide where train horns are routinely 
sounded was 42,544.
[GRAPHIC] [TIFF OMITTED] TN26NO13.204

    Applying the fatality rate and injury rate to the probable number 
of fatalities and casualties predicted to occur at each of the 42,544 
identified crossings and the predicted cost of the associated injuries 
and fatalities, FRA calculates the NSRT to be 14,347. Accordingly, this 
updated NSRT value will serve as one threshold of permissible risk for 
quiet zones established across the nation pursuant to 49 CFR part 222.

    Issued in Washington, DC on November 21, 2013.
Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2013-28298 Filed 11-25-13; 8:45 am]
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