[Federal Register Volume 90, Number 224 (Monday, November 24, 2025)]
[Notices]
[Pages 53051-53053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-20738]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA-2025-0852, Notice No. 1]
Review of Quiet Zone in Miami, Florida
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of quiet zone review.
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SUMMARY: FRA is providing notice of its intent to review a quiet zone
(THR-000000111223) located in Miami, Florida. Based on a high rate of
reported accidents/incidents between January 2020 and January 2025, FRA
has made a preliminary determination that safety systems and measures
implemented within the quiet zone do not fully compensate for the
absence of routine sounding of the locomotive horn due to a substantial
increase in risk with respect to loss of life or serious personal
injury within the quiet zone. Further, FRA discovered that the
documentation submitted and relied upon by the City of Miami (the
Public Authority) to establish the quiet zone may contain substantial
errors that have an adverse impact on public safety. Therefore, FRA
intends to review existing conditions within the quiet zone to
determine whether it should be terminated or whether additional safety
measures may be necessary to ensure safety.
DATES: Written comments must be received on or before December 24,
2025. FRA will consider comments filed after this date to the extent
practicable.
ADDRESSES:
Comments: Comments related to this notice may be submitted by going
to https://www.regulations.gov and following the online instructions
for submitting comments.
Instructions: All submissions must include the agency name and
docket number (FRA-2025-0852). Please note that comments submitted
online via www.regulations.gov are not immediately posted to the
docket. Several business days may elapse after a comment has been
submitted online before it is posted to the docket.
Privacy Act: DOT solicits comments from the public to better inform
its regulatory process. DOT posts these comments, without edit, to
www.regulations.gov, as described in the system of records notice, DOT/
ALL-14 FDMS, accessible through www.dot.gov/privacy. To facilitate
comment tracking and response, commenters are encouraged to provide
their name, or the name of their organization; however, submission of
names is completely optional. Whether or not commenters identify
themselves, all timely comments will be fully considered. If you wish
to provide comments containing proprietary or confidential information,
please contact the agency for alternate submission instructions.
Docket: For access to the docket to read comments received, please
visit https://www.regulations.gov and follow the online instructions
for accessing the docket.
FOR FURTHER INFORMATION CONTACT: James Payne, Staff Director, Highway-
Rail Crossing and Trespasser Programs Division, at telephone: (202)
441-2787 or email: [email protected]; or Kathryn Gresham, Attorney-
Adviser, Office of the Chief Counsel, at telephone: (202) 577-7142 or
email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
In a Notice of Quiet Zone Establishment (NOE) letter, dated August
27, 2012, the Public Authority established a quiet zone by designation
under 49 CFR 222.39(a)(3) with an effective date of September 30, 2012.
The quiet zone, which extends from NE 71st Street (U.S. DOT Crossing
Inventory No. 272622C) to the Bayside pedestrian crossing (U.S. DOT
Crossing Inventory No. 273139L), includes the following highway-rail
and pedestrian grade crossings:
[[Page 53052]]
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Railroad milepost
U.S. DOT crossing inventory No. Street name Crossing type Crossing purpose (MP)
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273139L......................... Bayside Pedestrian Public............ Pathway, DL 1.26
Pedestrian.
272960A......................... Port Boulevard.... Public............ Highway........... DL 1.19
273133V \1\..................... Pedestrian Arena.. Public............ Pathway, DL 1.15
Pedestrian.
272654H......................... Biscayne Boulevard Public............ Highway........... DL 1.10
272653B......................... NE 2nd Avenue..... Public............ Highway........... DL 1.04
272652U......................... NE 1st Avenue..... Public............ Highway........... DL 0.98
272651M......................... Miami Avenue...... Public............ Highway........... DL 0.82
272648E......................... NW 1st Avenue..... Public............ Highway........... DL 0.71
272647X......................... NW 8th Street..... Public............ Highway........... DL 0.65
272646R......................... NW 10th Street.... Public............ Highway........... DL 0.52
272644C......................... NW 11th Street.... Public............ Highway........... DL 0.45
272640A......................... NW 14th Street.... Public............ Highway........... PL 3.75
272637S......................... N Miami Avenue.... Public............ Highway........... PL 3.32
272636K......................... NE 20th Street.... Public............ Highway........... PL 3.23
272635D......................... NE 27th Street.... Public............ Highway........... PL 2.74
272634W......................... NE 29th Street.... Public............ Highway........... PL 2.64
272633P......................... NE 36th Street.... Public............ Highway........... PL 2.18
272631B......................... NE 39th Street.... Public............ Highway........... PL 2.02
272627L......................... NE 54th Street.... Public............ Highway........... PL 1.13
272625X......................... NE 59th Street.... Public............ Highway........... PL 0.91
272624R......................... NE 61st Street.... Public............ Highway........... PL 0.65
273010J......................... NE 62nd Street.... Public............ Highway........... PL 0.60
272622C......................... NE 71st Street.... Public............ Highway........... PL 0.12
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According to the NOE, this crossing corridor qualified for quiet
zone status on the basis of having a Quiet Zone Risk Index (QZRI) that
was below the Risk Index With Horns (RIWH).\2\ Therefore, the NOE
indicated that the Public Authority had taken sufficient measures to
compensate for the excess risk that results from restricting routine
train horn sounding at the grade crossings identified in the notice.
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\1\ U.S. DOT Crossing Inventory No. 273133V was not included in
the NOE dated August 27, 2012 from the Public Authority but falls
within the boundaries of the quiet zone.
\2\ See 49 CFR 222.39(a)(3).
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Substantial Increase in Risk
Between January 2020 and January 2025, there have been 23 accident/
incidents within this quiet zone.\3\ As reflected in the table below,
11 accident/incidents have resulted in either injury or fatality, with
9 persons injured and 2 fatalities.\4\ Therefore, in accordance with 49
CFR 222.51(c), FRA has made a preliminary determination that there is
significant risk with respect to loss of life or serious personal
injury within this quiet zone necessitating FRA review.
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\3\ Since January 2025, additional incidents continue to be
reported within the quiet zone.
\4\ The table only lists incidents that resulted in an injury or
a fatality. There were 17 incidents at grade crossings and 6
incidents involving trespassers not at grade crossings. Five grade
crossing incidents resulted in injury and four trespasser incidents
resulted in injury. In addition, two separate trespasser incidents
resulted in fatalities.
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Date Injury/fatality GX ID RR
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20-Mar-20.......................... 1--Injury............. Trespass.............. FEC \5\
13-Jan-22.......................... 1--Injury............. 272636K............... BLF \6\
24-Sep-22.......................... 1--Injury............. 272636K............... BLF
27-Dec-22.......................... 1--Injury............. Trespass.............. BLF
20-Oct-23.......................... 1--Injury............. Trespass.............. BLF
02-Jan-24.......................... 1--Injury............. 272633P............... FEC
16-Jan-24.......................... 1--Injury............. 272637S............... SFRV \7\
25-Oct-24.......................... 1--Fatality........... Trespass.............. BLF
19-Nov-24.......................... 1--Fatality........... Trespass.............. BLF
05-Dec-24.......................... 1--Injury............. Trespass.............. SFRV
14-Jan-25.......................... 1--Injury............. 272636K............... SFRV
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Inadequate Safety Measures
In 2012, initially to demonstrate to FRA that the QZRI was lower
than the RIWH, the Public Authority relied upon pre-existing
Supplemental Safety Measures (SSMs) \8\ to reduce existing risk levels
within the quiet zone. However, railroad operating circumstances have
significantly changed since 2012. Most notably, beginning in May 2018,
Brightline (BLF) now operates passenger trains to and from a newly
built station, MiamiCentral. In early 2024, the South Florida Regional
Transportation Authority (SFRV or Tri-Rail) began operating passenger
trains to MiamiCentral as well. This has resulted in an increase in
train traffic from approximately 4 trains per day to over 50 trains per
day. The accidents/incidents described above, along with the increase
in train traffic, has caused
[[Page 53053]]
the QZRI for this quiet zone to rise to a level above the RIWH.
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\5\ Florida East Coast Railway (FEC).
\6\ Brightline Florida (BLF).
\7\ South Florida Regional Transportation Authority (SFRV or
Tri-Rail).
\8\ A Supplementary Safety Measure (SSM) is a safety system or
procedure established in accordance with 49 CFR part 222, which is
provided by the appropriate traffic control authority or law
enforcement authority responsible for safety at the highway-rail
grade crossing, that is determined by the FRA Associate
Administrator for Railroad Safety to be an effective substitute for
the locomotive horn in the prevention of highway-rail casualties.
See 49 CFR 222.9.
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In addition, the maximum timetable speed \9\ for all trains,
including passenger, increased from 20 miles per hour (mph) to 40 mph
for several miles of track, and a second main track was constructed.
The crossings affected by the speed increase were on the Port Lead from
MP PL 0.00 to PL 3.75. The Public Authority has not implemented any
SSMs or Alternative Safety Measures (ASMs) \10\ since the establishment
of the quiet zone to compensate for the increased train traffic, new
railroad infrastructure, and higher train speeds. All twelve quiet zone
crossings on the Port Lead were affected by this maximum timetable
speed increase.
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\9\ The maximum timetable speed references the highest maximum
speed any train may travel through the crossing and is determined by
the railroad in accordance with the relevant operating conditions
and track class. This speed is denoted on the U.S. DOT Crossing
Inventory Form in Part II, Box 3. The maximum timetable speed is
factored into determining the RIWH and QZRI by the Quiet Zone
Calculator.
\10\ An Alternative Safety Measure (ASM) is a safety system or
procedure, other than an SSM, established in accordance with 49 CFR
part 222, which is provided by the appropriate traffic control
authority or law enforcement authority and which, after individual
review and analysis by the FRA Associate Administrator for Railroad
Safety, is determined to be an effective substitute for the
locomotive horn in the prevention of highway-rail casualties at
specific highway-rail grade crossings. See 49 CFR 222.9.
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Improper Documentation
FRA noted the following inaccuracies when comparing the
documentation relied upon to establish the quiet zone with current
conditions:
The required list of crossings in the NOE does not include
the pedestrian grade crossing at MP DL 1.15 (U.S. DOT Crossing
Inventory No. 273133V).
The Quiet Zone Calculator data in the NOE does not include
the Port Boulevard crossing (U.S. DOT Crossing Inventory No. 272960A),
which artificially reduced the QZRI.
A diagnostic team review of the pedestrian grade crossings
in the quiet zone was required by 49 CFR 222.27. No record or comments
from a diagnostic team review of any pedestrian grade crossing were
included in the NOE.
During FRA's review of the documentation submitted to establish the
quiet zone, FRA noted additional discrepancies, including outdated
annual average daily traffic counts and incomplete Quiet Zone
Calculator documentation.\11\
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\11\ The U.S. DOT Crossing Inventory forms contained in the NOE
indicated that an Annual Average Daily Traffic (AADT) analysis had
not been performed since 1988 on any highway-rail grade crossings in
the quiet zone.
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Non-Compliance With the Manual on Uniform Traffic Control Devices
(MUTCD)
FRA conducted a field inspection of each quiet zone crossing in
October 2024 and provided a summary of its findings to the Public
Authority in January 2025. The inspection uncovered numerous exceptions
to the standards and guidance of the MUTCD.\12\ Most notable was the
absence or improper use of ``No Train Horn'' signs or plaques at
several grade crossings. FRA conducted a follow-up inspection in April
2025 and observed that, except for the installation of several ``No
Train Horn'' signs, most of the exceptions have not been corrected. The
Federal Highway Administration (FHWA) has reviewed the documented MUTCD
non-compliance and concurs with FRA's findings.
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\12\ FHWA publishes the MUTCD, which contains national design,
application, and placement standards, guidance, options, and support
provisions for traffic control devices.
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Scope of Review
From the inception of FRA's rulemaking on the use of locomotive
horns at public highway-rail grade crossings (indeed, beginning with
FRA's issuance of Emergency Order No. 15 \13\ in 1991), FRA has adopted
a corridor-wide approach to evaluating and mitigating risk within quiet
zones, instead of requiring the implementation of risk mitigation
measures at each public highway-rail grade crossing located within a
quiet zone. A corridor-wide approach permits the most efficient
deployment of risk reduction measures and encourages public authorities
to focus their resources on addressing the most hazardous public
highway-rail grade crossings.
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\13\ 56 FR 36190 (July 31, 1991).
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This quiet zone is located on the BLF and SFRV passenger rail
corridor. When first established in 2012, the Dodge Island Lead (DL)
consisted of one continuous track into the Port of Miami. Since then,
this rail line has been split into two different sections: the Port
Lead (PL) and the DL.\14\ This quiet zone contains PL and DL crossings.
Accordingly, the scope of FRA's review may include an analysis of the
current configuration of the quiet zone.
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\14\ The PL connects the FEC mainline southbound to MiamiCentral
(PL 0.00 to PL 4.51). The DL splits off at PL 3.53 and then runs
parallel until it crosses under the elevated PL at the NW 8th Street
crossing (U.S. DOT Crossing Inventory No. 272647X) and turns east to
the Port of Miami. The DL terminates at the Port of Miami.
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Interested parties are invited to submit written comments to the
docket. FRA is interested in obtaining information from the public
about any unsafe actions that have been observed at any of the above-
listed grade crossings. This could include information about motorists
or pedestrians who have been observed engaging in unsafe actions. FRA
is also interested in obtaining information from the Public Authority
about the effectiveness of existing quiet zone crossing safety
improvements, as well any additional quiet zone safety improvements
that may be under consideration and the anticipated timeline for
implementing any such improvements.
After the comment period closes, the Associate Administrator may
require that additional safety measures be taken or that the quiet zone
be terminated. The Associate Administrator will provide a copy of his
decision to the Public Authority as well as the railroads that operate
through the quiet zone and the State agencies responsible for grade
crossing, highway, and road safety.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2025-20738 Filed 11-21-25; 8:45 am]
BILLING CODE 4910-06-P