[Federal Register Volume 82, Number 78 (Tuesday, April 25, 2017)]
[Notices]
[Page 19138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08337]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-1999-6439, Notice No. 25]


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: Under title 49 Code of Federal Regulations, 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 the public has the proper permissible risk threshold to evaluate 
risk resulting from prohibiting routine locomotive horn sounding at 
highway-rail grade crossings located in quiet zones. This is the 
seventh update to the NSRT and it is increasing from 14,347 to 14,723.

DATES: The effective date of this notice is April 25, 2017.

FOR FURTHER INFORMATION CONTACT: Mr. Ron Ries, Office of Railroad 
Safety, FRA, 1200 New Jersey Avenue SE., Washington, DC 20590, (202) 
493-6299, [email protected]; or Ms. Kathryn Gresham, 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 trying to establish and/or maintain its quiet zone, under 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 periodically updated the NSRT since 2006. FRA last updated 
the NSRT in 2013, when FRA calculated the NSRT to be 14,347. 78 FR 
70623, Nov. 26, 2013.

New NSRT

    Using collision data over a 5-year period from 2011 to 2015, FRA 
has recalculated the NSRT based on formulas identified in 49 CFR part 
222, appendix D. In making this recalculation, FRA noted the total 
number of gated crossings nationwide where train horns are routinely 
sounded was 44,591.
[GRAPHIC] [TIFF OMITTED] TN25AP17.002

    Applying the fatality rate and injury rate to the probable number 
of fatalities and injuries predicted to occur at each of the 44,591 
identified crossings, and the predicted cost of the associated injuries 
and fatalities, FRA calculates the NSRT is 14,723. 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.

Patrick T. Warren,
Acting Administrator.
[FR Doc. 2017-08337 Filed 4-24-17; 8:45 am]
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