Environmental Impact Statement: FRA Regulation of the Use of Locomotive Horns at Highway-Rail Grade Crossings Nationwide

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.

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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

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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]

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