Review of Quiet Zone in Deerfield Beach, Pompano Beach, Fort Lauderdale, Oakland Park, Wilton Manors, Dania Beach, Hollywood, and Hallandale Beach, Florida
Federal RegisterApr 7, 2023
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA-2022-0058, Notice No. 1]
Review of Quiet Zone in Deerfield Beach, Pompano Beach, Fort Lauderdale, Oakland Park, Wilton Manors, Dania Beach, Hollywood, and Hallandale Beach, Florida
AGENCY:
Federal Railroad Administration (FRA), Department of Transportation (DOT).
ACTION:
Notice of quiet zone review.
SUMMARY:
FRA is providing notice of its intent to review a quiet zone located in Deerfield Beach, Pompano Beach, Fort Lauderdale, Oakland Park, Wilton Manors, Dania Beach, Hollywood, and Hallandale Beach, Florida (Cities). Based on a high rate of reported accidents/incidents and related injuries and fatalities that occurred between January and December 2022, FRA has made a preliminary determination that the safety systems and measures implemented within the quiet zone do not fully compensate for the absence of routine sounding of locomotive horns due to a substantial increase in risk. In addition, FRA has made a preliminary determination of significant risk with respect to loss of life or serious personal injury within the quiet zone. Therefore, FRA intends to review existing conditions within the quiet zone to determine whether the quiet zone should be terminated or whether additional safety measures may be necessary to ensure motorist and pedestrian safety.
DATES:
Written comments must be received on or before May 8, 2023. 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-2022-0058). 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 (telephone: 202-441-2787, email:
james.payne@dot.gov
); or Kathryn Gresham, Attorney-Adviser, Office of the Chief Counsel (telephone: 202-577-7142, email:
kathryn.gresham@dot.gov
).
SUPPLEMENTARY INFORMATION:
Background
FRA's amended final rule on the Use of Locomotive Horns at Public Highway-Rail Grade Crossings, which was issued on August 17, 2006,
1
permits a jurisdiction to establish a quiet zone by designation, if the jurisdiction attests that they have implemented safety measures that reduce the risk of accidents/incidents and fatalities at public highway-rail grade crossings within the quiet zone to the Risk Index With Horns (RIWH).
2
Through issuance of a Notice of Quiet Zone Establishment, dated April 24, 2019, the Cities established a multi-jurisdictional quiet zone in Broward County, Florida (THR-000001420003) that includes the following highway-rail grade crossings:
1
71 FR 47613, codified at 49 CFR parts 222 and 229.
2
The RIWH is the level of risk to the motoring public when locomotive horns are routinely sounded at every public highway-rail grade crossing within the quiet zone.
State
City
U.S. DOT crossing
inventory No.
(GX ID)
Street name
FL
Deerfield Beach
272511K
NE 2nd Street.
FL
Deerfield Beach
272512S
Hillsboro Blvd.
FL
Deerfield Beach
272513Y
SE 4th Street.
FL
Deerfield Beach
272514F
SW 10th Street.
FL
Deerfield Beach
272515M
SW 15th Street.
FL
Pompano Beach
272516U
NE 48th Street.
FL
Pompano Beach
272517B
Sample Road.
FL
Pompano Beach
272518H
NE 33rd Street.
FL
Pompano Beach
272519P
Copans Road.
FL
Pompano Beach
272526A
NE 10th Street.
FL
Pompano Beach
272528N
NE 6th Street.
FL
Pompano Beach
272531W
NE 3rd Street.
FL
Pompano Beach
272533K
West Atlantic Avenue.
FL
Pompano Beach
272534S
SW 2nd Street.
FL
Pompano Beach
272535Y
SW 6th Street.
FL
Oakland Park
272536F
Cypress Creek Road.
FL
Oakland Park
272537M
Commercial Blvd.
FL
Oakland Park
272538U
NE 45th Street.
FL
Oakland Park
272540V
NE 38th Street.
FL
Oakland Park
272541C
NE 36th Street.
FL
Oakland Park
272542J
NE 34th Court.
FL
Oakland Park
272544X
Oakland Park Blvd.
FL
Wilton Manors
272545E
NE 26th Street.
FL
Wilton Manors
272546L
NE 24th Street.
FL
Fort Lauderdale
272547T
NE 17th Court.
FL
Fort Lauderdale
272548A
NE 13th Street.
FL
Fort Lauderdale
272549G
Sunrise Blvd.
FL
Fort Lauderdale
272550B
NE 3rd Avenue.
FL
Fort Lauderdale
272551H
North Andrews Avenue.
FL
Fort Lauderdale
272552P
Sistrunk Blvd.
FL
Fort Lauderdale
272553W
NE 4th Street.
FL
Fort Lauderdale
272556S
West Broward Blvd.
FL
Fort Lauderdale
272557Y
SW 2nd Street.
FL
Fort Lauderdale
272558F
SW 5th Street.
FL
Fort Lauderdale
272559M
SW 6th Street.
FL
Fort Lauderdale
272560G
SW 7th Street.
FL
Fort Lauderdale
272561N
SW 9th Street.
FL
Fort Lauderdale
272562V
Davie Blvd.
FL
Fort Lauderdale
272563C
SW 15th Street.
FL
Fort Lauderdale
272564J
SW 17th Street.
FL
Fort Lauderdale
272566X
SW 22nd Street.
FL
Fort Lauderdale
272567E
SW 24th Street.
FL
Dania
272571U
Griffin Road.
FL
Dania
272572B
NW 4 Old Griffin Road.
FL
Dania
272573H
NW 1st Street.
FL
Dania
272574P
West Dania Beach Blvd.
FL
Dania
272575W
Stirling Road.
FL
Dania
272576D
Dixie Highway.
FL
Hollywood
272577K
Sheridan Street.
FL
Hollywood
272578S
Taft Street.
FL
Hollywood
272582G
Garfield Street.
FL
Hollywood
272584V
Johnson Street.
FL
Hollywood
272585C
Filmore Street.
FL
Hollywood
272586J
Hollywood Blvd.
FL
Hollywood
272587R
Harrison Street.
FL
Hollywood
272588X
Monroe Street.
FL
Hollywood
272589E
Washington Street.
FL
Hallandale
272590Y
Pembroke Road.
FL
Hallandale
272591F
NW 3rd Street.
FL
Hallandale
272592M
E. Hallandale Beach Blvd.
FL
Hallandale
272593U
SW 3rd Street.
FL
Hollywood
272868A
Tyler Street.
FL
Oakland Park
272870B
NE 56th Street.
FL
Pompano Beach
273022D
SW 3rd St.
According to the Notice of Quiet Zone Establishment, this crossing corridor qualified for quiet zone status on the basis of having a Quiet Zone Risk Index that was below the RIWH. Accordingly, the Notice of Quiet Zone Establishment indicated that the Cities had taken appropriate measures to compensate for the excess risk that results from restricting routine train horn sounding at the highway-rail grade crossings
identified in the notice, and the quiet zone took effect on May 18, 2019.
Substantial Increase in Risk
As reflected in the table below, between January and December 2022, at least 34 accidents/incidents have occurred within this multi-jurisdictional quiet zone, resulting in 22 fatalities, six injuries, and six incidents where no injuries were reported. This is a significant number of accidents/incidents and fatalities as compared to quiet zone accident/incident data over the same period in other quiet zones across the country. While accidents/incidents and fatalities have occurred throughout the quiet zone, the table below reflects a concentration of accident/incidents and fatalities around Hollywood, Florida, including those involving persons classified as trespassers. 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 which necessitates a review by FRA.
No.
Date
Incident
City
GX ID
1
19-Jan-22
Fatality
Deerfield Beach, FL
272513Y.
2
27-Jan-22
Fatality
Hollywood, FL
272587R.
3
12-Feb-22
Injury
Hollywood, FL
272582G.
4
15-Feb-22
Fatality
Hallandale Beach, FL
Trespass.
5
21-Feb-22
Fatality
Hollywood, FL
Trespass.
6
25-Feb-22
Non-Injury
Pompano Beach, FL
272518H.
7
06-Mar-22
Injury
Oakland Park, FL
272542J.
8
12-Mar-22
Fatality
Hollywood, FL
Trespass.
9
18-Mar-22
Injury
Hallandale Beach, FL
272593U.
10
31-Mar-22
Injury
Wilton Manors, FL
272545E.
11
04-Apr-22
Injury
Hallandale Beach, FL
272595H.
12
12-Apr-22
Fatality
Oakland Park, FL
Trespass.
13
20-Apr-22
Non-Injury
Oakland Park, FL
272542J.
14
02-May-22
Fatality
Pompano Beach, FL
272528N.
15
03-May-22
Fatality
Hollywood, FL
272582G.
16
07-May-22
Fatality
Pompano Beach, FL
272519P.
17
08-May-22
Non-Injury
Pompano Beach, FL
272531W.
18
25-May-22
Fatality
Pompano Beach, FL
Trespass.
19
31-May-22
Fatality
Pompano Beach, FL
Trespass.
20
02-Jun-22
Fatality
Pompano Beach, FL
Trespass.
21
07-Jun-22
Fatality
Pompano Beach, FL
272536F.
22
13-Jun-22
Non-Injury
Dania Beach, FL
272576D.
23
24-Aug-22
Fatality
Hollywood, FL
Trespass.
24
30-Aug-22
Fatality
Wilton Manor, FL
Trespass.
25
02-Sep-22
Fatality
Oakland Park, FL
Trespass.
26
06-Sep-22
Non-Injury
Pompano Beach, FL
272533K.
27
19-Sep-22
Fatality
Hollywood, FL
272868A.
28
01-Oct-22
Fatality
Oakland, FL
Trespass.
29
03-Oct-22
Injury
Hollywood, FL
Trespass.
30
01-Nov-22
Non-Injury
Fort Lauderdale, FL
Trespass.
31
15-Nov-22
Fatality
Fort Lauderdale, FL
Trespass.
32
21-Nov-22
Fatality
Dania Beach, FL
Trespass.
33
11-Dec-22
Fatality
Hollywood, FL
272588X.
34
27-Dec-22
Fatality
Fort Lauderdale, FL
Trespass.
Scope of Review
Since 1991, when FRA issued Emergency Order No. 15 regarding the use of locomotive horns at public highway-rail grade crossings,
3
FRA has adopted a corridor-wide approach to evaluating and mitigating risk within quiet zones. 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.
3
56 FR 36190 (July 31, 1991).
As described in this notice, FRA intends to conduct a review of this multi-jurisdictional quiet zone (THR-000001420003) located along the Brightline passenger rail corridor and Florida East Coast Railway (FEC) freight rail corridor.
Interested parties are invited to submit written comments on this quiet zone review to the docket. FRA is interested in obtaining information from the public about the prevalence of unsafe actions that have been observed at any of the above-listed grade crossings, including information about motorists or pedestrians that have been observed engaging in unsafe actions at any of the above-listed grade crossings. FRA is also interested in obtaining information from public authorities in the affected quiet zone 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. Please refer to the
ADDRESSES
section above for guidance on the submission of comments to the electronic docket.
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 Cities in which this multi-jurisdictional quiet zone is located, 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. 2023-07293 Filed 4-6-23; 8:45 am]
BILLING CODE 4910-06-P
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.