[Federal Register Volume 63, Number 100 (Tuesday, May 26, 1998)]
[Notices]
[Pages 28549-28550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13804]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[FRA Docket No. RSGC-7]
Environmental Impact Statement: FRA Regulation of the Use of
Locomotive Horns at Highway-Rail Grade Crossings Nationwide
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of intent.
-----------------------------------------------------------------------
SUMMARY: FRA is issuing this notice to advise the public that an
environmental impact statement (EIS) will be prepared for the proposed
regulation covering the sounding of locomotive horns at highway-rail
grade crossings and to solicit input into the development of the scope
of that EIS.
FOR FURTHER INFORMATION CONTACT: Regarding the environmental review
contact David Valenstein, Environmental Specialist, Office of Railroad
Development, Federal Railroad Administration (RDV 13), 400 Seventh
Street, SW (Mail Stop 20), Washington, D.C. 20590, (telephone 202 632-
3268). For information regarding the rule making process contact Bruce
F. George, Staff Director, Highway Rail Crossing and Trespasser
Programs, Office of Safety, FRA, 400 Seventh Street, SW (Mail Stop 25),
Washington, D.C. 20590 (telephone 202 632-3312), or Mark H. Tessler,
Office of Chief Counsel, FRA, 400 Seventh Street, SW (Mail Stop 10),
Washington, D.C. 20590 (telephone 202 632-3171).
SUPPLEMENTARY INFORMATION:
Background 0
The Swift Rail Development Act (Pub. L. 103-440, November 2, 1994)
added Section 20153 to title 49, United States Code. That section
directs the Secretary of Transportation (delegated to the Federal
Railroad Administrator) to prescribe regulations requiring that a
locomotive horn be sounded while each train is approaching and entering
upon each public highway-rail grade crossing. In addition, 49 U.S.C.
20153 provides FRA the authority to except from this requirement,
categories of rail operations or categories of grade crossings that:
(1) Are determined not to present significant risk with respect to loss
of life or serious personal injury; (2) for which the use of a
locomotive horn is impractical; or (3) for which supplementary safety
measures fully compensate for the absence of the warning provided by
the locomotive horn.
The sounding of locomotive horns at highway-rail grade crossings is
recognized by FRA and the railroad industry as contributing to railroad
and highway safety. Studies conducted by FRA of circumstances where the
sounding of horns had been restricted in eastern Florida (so-called
``whistle bans'') have indicated an increased incidence of collisions
involving trains and highway users where locomotive horns were not
sounded. Although the sounding of locomotive horns at highway-rail
grade crossings is the normal practice at most of the 162,000 public
grade crossings in the U.S., FRA is aware of approximately 2,200
crossings in 200 communities where locomotive horns are not routinely
sounded.
In preparing for the rulemaking process required by 49 U.S.C.
20153, FRA established a public docket to enable local officials and
citizens to offer their insight into the issues surrounding whistle
bans and to comment on how FRA might best implement 49 U.S.C. 20153.
FRA also undertook extensive research into locomotive horns and their
relationship to grade crossing safety through the Department of
Transportation's John A. Volpe National Transportation Systems Center.
Some of the comments offered by the public expressed concerns that any
regulation requiring the sounding of locomotive horns could create
adverse environmental impacts in the form of significantly higher
community noise levels in the vicinity of those highway-rail grade
crossings where horns are presently not sounded. Based upon a review of
these comments, and ongoing research, FRA has concluded that the
promulgation of the regulation required by 49 U.S.C. 20153 is a major
Federal action as this term is used in section 102(c) of the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) As a
consequence, FRA is initiating the preparation of an EIS as required
under NEPA and the regulations of the President's Council on
Environmental Quality implementing NEPA (40 CFR S 1502).
Alternatives
FRA currently plans to analyze two alternatives in this
environmental review, the proposed action and the ``no-action''
alternative. The proposed action is to comply with the statutory
mandate and issue a regulation requiring the sounding of locomotive
horns at every public highway-rail grade crossing in the U.S.,
including those where locomotive horns are presently not sounded. Such
a rule would effectively preempt any State or local law or regulation
to the contrary. The regulation encompassed in the proposed action
would also identify a number of measures which the States and
communities can undertake to provide improved safety at public highway-
rail grade crossings. In such situations regular sounding of railroad
horns would then become unnecessary from a safety perspective and could
cease. The regulation would also establish a procedure for
consideration by FRA of proposals by States, communities or other
interested persons for approval of new supplementary safety measures
that would permit designation of a quiet zone. The environmental
impacts of requiring the sounding of locomotive horns at public
highway-rail crossings where the horns are not presently sounded and a
consideration of the environmental impacts associated with the
implementation of supplementary safety measures would be a part of the
proposed action analysis.
The no-action alternative would involve maintenance of the status
quo with respect to the sounding of locomotive horns. This would
require
[[Page 28550]]
alternative amendments to existing legislation.
Areas of Significant Environmental Concern
FRA's review of the current practice of sounding locomotive horns
at highway-rail grade crossings and the comments received thus far in
the public docket of this rulemaking have identified two primary areas
of environmental concern associated with the proposed regulation, noise
(and related impacts) and safety.
Scoping and Comments
FRA encourages broad participation in the EIS process during
scoping and review of the resulting environmental documentation.
Comments and suggestions are invited from all interested agencies and
the public at large to insure the full range of issues related to the
proposed action and all reasonable alternatives are addressed and all
significant issues are identified. In particular, FRA is interested in
determining whether there are any other reasonable alternatives
consistent with the provisions of 49 U.S.C. 20153 and whether there are
other areas of environmental concern where there might be the potential
for significant impacts, either adverse or favorable, as a result of
promulgating the proposed rule.
Due to the national scope of the proposed regulation, FRA does not
plan to hold public scoping meetings. Notices soliciting comments have
been and will be sent to appropriate Federal, State, and local
agencies, private organizations and citizens who have expressed an
interest in this rulemaking and made available to the media in areas
that have been identified to date as currently subject to whistle bans
or where whistle bans have been preempted by FRA order. Persons
interested in providing comments on the scope of this environmental
document should do so by June 19, 1998. Comments can be sent in writing
to Mr. David Valenstein at the address identified above. Comments can
also be sent via the Internet at: [email protected]
The Remaining Environmental Review Process
Comments received on the scope and methodology to be used in
preparation of the EIS will be reviewed by FRA to develop the final
scope of the environmental review. A summary of the comments received
will be provided to agencies and members of the public expressing an
interest in this environmental review. FRA and its consultants will
then undertake preparation of a draft EIS which will be made available
to the public for comment. This is presently scheduled for the late
fall 1998. It is FRA's intention that the comment period for the draft
EIS will occur during the comment period associated with the proposed
rule so that interested agencies and the public can combine their
comments and that the environmental issues can be fully considered as
FRA develops the final rule. After reviewing comments on the draft EIS,
FRA will prepare a final EIS that addresses these comments and
incorporates any additional analyses and material deemed necessary. The
final EIS will be made available for public review for not less than 30
days before FRA takes any final action on the proposed rule.
Internet
This notice and all subsequent documents prepared as part of this
environmental review will be available in the environmental pages of
the FRA Internet website, located at: http://www.fra.dot.gov
Issued in Washington, D.C. on: May 19, 1998.
Donald M. Itzkoff,
Deputy Administrator.
[FR Doc. 98-13804 Filed 5-22-98; 8:45 am]
BILLING CODE 4910-06-P
