[Federal Register Volume 84, Number 96 (Friday, May 17, 2019)]
[Notices]
[Page 22562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10267]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-1999-6439, Notice No. 26]


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: FRA is updating the Nationwide Significant Risk Threshold 
(NSRT) for purposes of FRA's regulation on the Use of Locomotive Horns 
at Public Highway-Rail Grade Crossings. 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 eighth update 
to the NSRT and it is decreasing from 14,723 to 13,811.

DATES: The applicable date of this notice is May 17, 2019.

FOR FURTHER INFORMATION CONTACT: Mr. Larry Woolverton, Office of 
Railroad Safety, FRA, 1200 New Jersey Avenue SE, Washington, DC 20590, 
(202) 493-6212, Larry.Woolverton@dot.gov; or Ms. Kathryn Gresham, 
Office of Chief Counsel, FRA, 1200 New Jersey Avenue SE, Washington, DC 
20590, (202) 493-6063, Kathryn.Gresham@dot.gov.

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 2017 to be 14,723. 82 FR 19138, Apr. 25, 2017.

New NSRT

    Using collision data over a 5-year period from 2013 to 2017, 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 47,289.

 
 
 
                                                                                   Fatalities           289
                                                       ----------------------------------------     ---------
                                  Fatality Rate =                             Fatal Incidents    =      235   = 1.2298........
 
                                                            Injuries in Injury-Only Incidents         1,035
                                                       ----------------------------------------     ---------
                                  Injury Rate =                         Injury-Only Incidents    =      673   = 1.5379........
 

    Applying the fatality rate and injury rate to the probable number 
of fatalities and injuries predicted to occur at each of the 47,289 
identified crossings, and the predicted cost of the associated injuries 
and fatalities, FRA calculates the NSRT is 13,811. 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.

John Karl Alexy,
Acting Associate Administrator for Railroad Safety and Chief Safety 
Officer.
[FR Doc. 2019-10267 Filed 5-16-19; 8:45 am]
 BILLING CODE 4910-06-P


