Adjustment of Nationwide Significant Risk Threshold, 1573-1574 [2021-00155]
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Federal Register / Vol. 86, No. 5 / Friday, January 8, 2021 / Notices
exemption process, on the
transportation merits of a project
presenting serious questions like those
raised here without more thoroughly
evaluating those issues. The record in
this proceeding on the overall financial
viability of the project is significantly
underdeveloped. Neither I nor the Board
majority should be required to rely on
reports in the media, which I have
highlighted above, or on feasibility
studies with all relevant data redacted,
to make such an important decision on
whether to approve construction of a
rail line costing over a billion dollars
through an environmentally sensitive
area.
Rather than determining at this time
that the Coalition’s petition is ripe for
decision, even preliminarily and
piecemeal, the Board should require the
Coalition to submit a complete and
unredacted version of the R.L. Banks
study, should insist that the Coalition
elaborate on the projected demand for
Uinta Basin oil in light of the global oil
demand issues that have arisen since
that study was completed, as discussed
above, and should obtain more detail
from the Coalition and DHIP Group on
the reality of obtaining the necessary
financing for the project, with or
without obligating public funds, along
with considering further input on these
issues from the objectors.
I therefore find it premature for the
Board to issue the decision the majority
issues today. Though the Decision states
that it ‘‘does not prejudge the Board’s
final decision, nor diminish the
agency’s environmental review process
concerning the proposed line’s
construction,’’ Decision 10,
nevertheless, the far more prudent
course of action for the Board here
would be to defer any decision on
whether an exemption is warranted and
on the overall transportation merits
until the environmental review process
is complete and until the Coalition
submits more persuasive evidence on
the financial viability of the entire
project.
I respectfully dissent.
Jeffrey Herzig,
Clearance Clerk.
tkelley on DSKBCP9HB2PROD with NOTICES
[FR Doc. 2021–00175 Filed 1–7–21; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2021–0001]
Establishment of an Emergency Relief
Docket for Calendar Year 2021
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of establishment of
public docket.
AGENCY:
This Notice announces the
establishment of FRA’s emergency relief
docket (ERD) for calendar year 2021.
The designated ERD for calendar year
2021 is docket number FRA–2021–0001.
ADDRESSES: See SUPPLEMENTARY
INFORMATION section for further
information regarding submitting
petitions and/or comments to docket
number FRA–2021–0001.
SUPPLEMENTARY INFORMATION: On May
19, 2009, FRA published a direct final
rule establishing ERDs and the
procedures for handling petitions for
emergency waivers of safety rules,
regulations, or standards during an
emergency situation or event. 74 FR
23329. That direct final rule became
effective on July 20, 2009 and made
minor modifications to 49 CFR 211.45
in FRA’s Rules of Practice in 49 CFR
part 211. Section 211.45(b) provides that
each calendar year FRA will establish
an ERD in the publicly accessible DOT
docket system (available at
www.regulations.gov). Section 211.45(b)
further provides that FRA will publish
a notice in the Federal Register
identifying by docket number the ERD
for that year. FRA established the ERD
and emergency waiver procedures to
provide an expedited process for FRA to
address the needs of the public and the
railroad industry during emergency
situations or events. This Notice
announces the designated ERD for
calendar year 2021 is docket number
FRA–2021–0001.
As detailed in § 211.45, if the FRA
Administrator determines an emergency
event as defined in 49 CFR 211.45(a) has
occurred, or that an imminent threat of
such an emergency occurring exists, and
public safety would benefit from
providing the railroad industry with
operational relief, the emergency waiver
procedures of 49 CFR 211.45 will go
into effect.1 In such an event, the FRA
SUMMARY:
1 Given the ongoing nature of the coronavirus
disease 2019 (COVID–19) public health emergency,
FRA considers the FRA Administrator’s March 13,
2020, emergency declaration in docket number
FRA–2020–0002 to be in effect until it is
specifically rescinded by the Administrator. See
https://www.regulations.gov/document?D=FRA-
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1573
Administrator will issue a statement in
the ERD indicating the emergency
waiver procedures are in effect and FRA
will make every effort to post the
statement on its website at
railroads.dot.gov. Any party desiring
relief from FRA regulatory requirements
as a result of the emergency should
submit a petition for emergency waiver
under 49 CFR 211.45(e) and (f). Specific
instructions for filing petitions for
emergency waivers under 49 CFR
211.45 are found at 49 CFR 211.45(f).
Specific instructions for filing
comments in response to petitions for
emergency waivers are at 49 CFR
211.45(h).
Privacy
Anyone can search the electronic
form of any written communications
and comments received into any of our
dockets by the name of the individual
submitting the comment (or signing the
document, if submitted on behalf of an
association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits
comments from the public to better
inform its processes. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at www.transportation.gov/
privacy. See also www.regulations.gov/
privacyNotice for the privacy notice of
regulations.gov.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety
Chief Safety Officer.
[FR Doc. 2021–00142 Filed 1–7–21; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–1999–6439, Notice No. 27]
Adjustment of Nationwide Significant
Risk Threshold
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of adjustment of
Nationwide Significant Risk Threshold.
AGENCY:
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
SUMMARY:
2020-0002-0002. However, any new requests for
relief related to COVID–19 should be submitted to
the 2021 ERD (FRA–2021–0001).
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1574
Federal Register / Vol. 86, No. 5 / Friday, January 8, 2021 / Notices
The applicable date of this notice
is January 8, 2021.
DATES:
FOR FURTHER INFORMATION CONTACT:
James Payne, Staff Director, HighwayRail Crossing and Trespasser Programs
Division (telephone: 202–493–6005,
email: james.payne@dot.gov); or
Kathryn Gresham, Attorney Adviser,
Office of the Chief Counsel (telephone:
202–493–6063, email:
kathryn.gresham@dot.gov).
SUPPLEMENTARY INFORMATION:
Applying the fatality rate and injury
rate to the probable number of fatalities
and injuries predicted to occur at each
of the 48,607 identified crossings, and
the predicted cost of the associated
injuries and fatalities, FRA calculates
the NSRT to be 15,488. 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,
Associate Administrator for Railroad Safety,
Chief Safety Officer.
[FR Doc. 2021–00155 Filed 1–7–21; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2020–0027–N–39]
Proposed Agency Information
Collection Activities; Comment
Request
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of information collection;
request for comment.
tkelley on DSKBCP9HB2PROD with NOTICES
AGENCY:
Under the Paperwork
Reduction Act of 1995 (PRA), this notice
announces that FRA is forwarding the
SUMMARY:
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21:23 Jan 07, 2021
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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
Information Collection Request (ICR)
abstracted below to the Office of
Management and Budget (OMB) for
review and comment. The ICR describes
the information collection and its
expected burden. On October 5, 2020,
FRA published a notice providing a 60day period for public comment on the
ICR.
DATES: Interested persons are invited to
submit comments on or before February
8, 2021.
ADDRESSES: Written comments and
recommendations for the proposed ICR
should be sent within 30 days of
publication of this notice to
www.reginfo.gov/public/do/PRAMain.
Find this particular ICR by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT: Ms.
Kim Toone, Information Collection
Clearance Officer, Federal Railroad
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590
(telephone: (202) 493–06132) or
kim.toone@dot.gov.
SUPPLEMENTARY INFORMATION: The PRA,
44 U.S.C. 3501–3520, and its
implementing regulations, 5 CFR part
1320, require Federal agencies to issue
two notices seeking public comment on
information collection activities before
OMB may approve paperwork packages.
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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 2019 to be 13,811. 84 FR
22562, May 17, 2019.
New NSRT
Using collision data over a 5-year
period from 2015 to 2019, 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 48,607.
See 44 U.S.C. 3506, 3507; 5 CFR 1320.8
through 1320.12. On October 5, 2020,
FRA published a 60-day notice in the
Federal Register soliciting comment on
the ICR for which it is now seeking
OMB approval. See 85 FR 62798. FRA
received no comments in response to
this 60-day notice.
Before OMB decides whether to
approve the proposed collection of
information, it must provide 30 days for
public comment. Federal law requires
OMB to approve or disapprove
paperwork packages between 30 and 60
days after the 30-day notice is
published. 44 U.S.C. 3507(b)–(c); 5 CFR
1320.10(b); see also 60 FR 44978, 44983,
Aug. 29, 1995. OMB believes the 30-day
notice informs the regulated community
to file relevant comments and affords
the agency adequate time to digest
public comments before it renders a
decision. 60 FR 44983, Aug. 29, 1995.
Therefore, respondents should submit
their respective comments to OMB
within 30 days of publication to best
ensure having their full effect.
Comments are invited on the
following ICR regarding: (1) Whether the
information collection activities are
necessary for FRA to properly execute
its functions, including whether the
information will have practical utility;
(2) the accuracy of FRA’s estimates of
the burden of the information collection
activities, including the validity of the
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08JAN1
EN08JA21.019</GPH>
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 ninth update to the NSRT and it is
increasing from 13,811 to 15,488.
]]>Agencies
[Federal Register Volume 86, Number 5 (Friday, January 8, 2021)]
[Notices]
[Pages 1573-1574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00155]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA-1999-6439, Notice No. 27]
Adjustment of Nationwide Significant Risk Threshold
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of adjustment of Nationwide Significant Risk Threshold.
-----------------------------------------------------------------------
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
[[Page 1574]]
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 ninth update
to the NSRT and it is increasing from 13,811 to 15,488.
DATES: The applicable date of this notice is January 8, 2021.
FOR FURTHER INFORMATION CONTACT: James Payne, Staff Director, Highway-
Rail Crossing and Trespasser Programs Division (telephone: 202-493-
6005, email: [email protected]); or Kathryn Gresham, Attorney
Adviser, Office of the Chief Counsel (telephone: 202-493-6063, email:
[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 2019 to be 13,811. 84 FR 22562, May 17, 2019.
New NSRT
Using collision data over a 5-year period from 2015 to 2019, 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 48,607.
[GRAPHIC] [TIFF OMITTED] TN08JA21.019
Applying the fatality rate and injury rate to the probable number
of fatalities and injuries predicted to occur at each of the 48,607
identified crossings, and the predicted cost of the associated injuries
and fatalities, FRA calculates the NSRT to be 15,488. 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,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2021-00155 Filed 1-7-21; 8:45 am]
BILLING CODE 4910-06-P
