[Federal Register Volume 72, Number 60 (Thursday, March 29, 2007)]
[Notices]
[Page 14850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5617]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA 1999-6439, Notice No. 18]


Adjustment of Nationwide Significant Risk Threshold

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Notice of Adjustment of the Nationwide Significant Risk 
Threshold.

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SUMMARY: In accordance with 49 CFR part 222, appendix D, 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 first update to the NSRT since 
the final rule entitled ``Use of Locomotive Horns at Highway-Rail Grade 
Crossings'' was published on April 27, 2005 (70 FR 21844). This notice 
increases the Nationwide Significant Risk Threshold (NSRT) from 17,030 
to 19,047.

DATES: The effective date is March 29, 2007.

FOR FURTHER INFORMATION CONTACT: Ronald Ries, Office of Safety, RRS-25, 
Mail Stop 17, FRA, 1120 Vermont Ave., NW., Washington, DC 20590 
(telephone 202-493-6299 or e-mail <a href="/cdn-cgi/l/email-protection#3e6c51505f525a106c575b4d7e5a514a10595148"><span class="__cf_email__" data-cfemail="50023f3e313c347e0239352310343f247e373f26">[email protected]</span></a>); or Ann Landis, 
Trial Attorney, Office of Chief Counsel, RCC-10, Mail Stop 10, FRA, 
1120 Vermont Ave., NW., Washington, DC 20590 (telephone 202-493-6064 or 
e-mail <a href="/cdn-cgi/l/email-protection#30715e5e1e7c515e54594370545f441e575f46"><span class="__cf_email__" data-cfemail="b0f1dede9efcd1ded4d9c3f0d4dfc49ed7dfc6">[email protected]</span></a>).

SUPPLEMENTARY INFORMATION

Background

    The NSRT is simply an average of the risk indexes for all of the 
gated crossings nationwide where train horns are routinely sounded. 
When communities are determining whether a specific crossing corridor 
can qualify as a quiet zone pursuant to 49 CFR part 222, the NSRT is 
used for comparison to the Quiet Zone Risk Index calculated for that 
specific crossing corridor to determine if that crossing corridor's 
Quiet Zone Risk Index falls above or below the nationwide average. In 
2005, when the final rule entitled ``Use of Locomotive Horns at 
Highway-Rail Grade Crossings'' was published, FRA calculated the NSRT 
to be 17,030 (an increase from 15,424 as published in the interim final 
rule (68 FR 70586, December 18, 2003)) (70 FR 21844, April 27, 2005). 
In the final rule, FRA indicated that the NSRT would be updated 
annually. This is the first update to the NSRT since the final rule was 
published on April 27, 2005.

New NSRT

    Almost two years have passed since the NSRT was last updated. (70 
FR 21844, April 27, 2005). Consequently, FRA has recalculated the 
threshold based on the formulas identified in 49 CFR part 222, appendix 
D. FRA used collision data from 2001-2005.
    The total number of gated, non-whistle ban crossings was 38,577.
    The total number of collisions at these crossings was 2,388.
    [GRAPHIC] [TIFF OMITTED] TN29MR07.030
    
    Applying the fatality rate and injury rate to the probable number 
of fatalities and casualties predicted to occur at each of the 38,577 
crossings identified and the predicted cost of the associated injuries 
and fatalities, FRA calculates the NSRT to be 19,047.

    Authority: 28 U.S.C. 2461, note; 49 U.S.C. 20103, 20107, 20153, 
21301, 21304; 49 CFR 1.49; 49 CFR part 222, Appendix D.

    Issued in Washington, DC, on March 20, 2007.
Grady C. Cothen Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
 [FR Doc. E7-5617 Filed 3-28-07; 8:45 am]
BILLING CODE 4910-06-P


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