HomeMy WebLinkAbout(0017) FRA Decision Letter Timberland SIGNED FINAL 20210809.pdf�1
U.S. Department
of Transportation
Federal Railroad
Administration
August 9, 2021
Mr. Chad Edwards
Regional Mobility and Innovation Center
Transportation and Public Works Department
City of Fort Worth
200 Texas Street
Fort Worth, TX 76102
1200 New Jersey Avenue, SE
Washington, DC 20550
Re: THR-000001740001 (U.S. DOT National Highway -Rail Crossing Inventory
Number: 795350M)
Dear Mr. Edwards:
The Federal Railroad Administration (FRA) reviewed the public authority application that you
submitted on behalf of the City of Fort Worth, Texas (City) under Title 49 Code of Federal
Regulations (CFR) Section 222.39(b).
The City is seeking FRA's approval of the suggested effectiveness rate for the proposed
alternative safety measure (ASM) at the Timberland Boulevard crossing.
• The City asserts that the proposed ASM at the Timberland Boulevard crossing will
consist of a 50-foot non -traversable median on the east side of the crossing, due to an
intersection; and, a 200-foot non -traversable median on the west side of the crossing.
The City suggested an effectiveness rate of 0.73. FRA finds this effectiveness rate
consistent with the information provided.
FRA approves the City's application. FRA has determined that implementation of the proposed
ASM, as described in the City's application, will result in a Quiet Zone Risk Index of 7,693.
This index is below the Risk Index with Horns (the risk that would be present if the horns were
still sounding) of 17,082.
The City may submit its Notice of Quiet Zone Establishment consistent with 49 CFR § 222.43,
What notices and other information are required to create or continue a quiet zone? after
implementation of the proposed ASM, as described in the application, and compliance with all
applicable quiet zone requirements in 49 CFR §§ 222.25, How does this rule affect private
highway -rail grade crossings?; 222.27, How does this rule affect pedestrian grade crossings?, -
and 222.35, What are the minimum requirements for quiet zones? In addition, 49 CFR §
222.39(b)(1)(vi) requires the City to provide a commitment to implement the safety
improvements it proposed in the quiet zone application. Thus, FRA's approval is conditioned
upon implementation of the safety improvements described in the public authority application.
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Please note, it is the responsibility of the public authority to maintain the entire quiet zone in
conformance with the terms of the quiet zone approval as well as all applicable regulatory
requirements in 49 CFR Part 222. In addition, the public authority is periodically required to
affirm in writing that all ASMs implemented within the quiet zone continue to conform to these
requirements. These written affirmations must be submitted to the FRA Associate Administrator
for Safety every 2%2 to 3 years, as required by 49 CFR § 222.47(b).
Also note, FRA regulations allow railroads, regardless of the status of a quiet zone, to instruct
their engineers to sound the train horn to warn trespassers or motor vehicles illegally on the
railroad right-of-way. Public authorities can reduce locomotive horn sounding by enforcing
State and local traffic laws at grade crossings, as well as State and local laws and ordinances that
prohibit trespassing along the railroad right-of-way.
If you have any questions or need additional information, please contact Mr. James Payne, Staff
Director, Highway -Rail Crossing and Trespasser Programs Division, at 202-493-6005 or
james.payne@dot.gov.
Sincerely,
C
Karl Alexy,
Associate Administrator for Railroad Safety
Chief Safety Officer
cc: Mr. Paul Cristina, BNSF Railway
Ms. Melinda DuBay, Union Pacific Railroad
Mr. Brad Fortune, City of Keller
Mr. Tai Nguyen, City of Fort Worth
Mr. Neil Noakes, Fort Worth Police Department
Mr. Robert Travis, Texas Department of Transportation