Temporary Cessation of Sounding of Locomotive Horn

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[FRA Docket No. RSGC-7-SPO, Notice No. 1l]

RIN 2130-AA

Temporary Cessation of Sounding of Locomotive Horn

AGENCY: Federal Railroad Administration (FRA), Department of

Transportation (DOT).

ACTION: Notice of interim final order and request for comments.

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SUMMARY: FRA is issuing an Interim Final Order in which The Burlington

Northern and Santa Fe Railway Company would be ordered to temporarily

cease the sounding of locomotive horns at a specific crossing within

Spokane County, Washington. As provided by statute, the Secretary of

Transportation, in order to promote the quiet of communities affected

by rail operations and the development of innovative safety measures at

highway-rail crossings, may, in connection with demonstration of

proposed new supplementary safety measures, order a railroad to

temporarily cease the sounding of locomotive horns at such crossings.

DATES: Written comments must be received by November 20, 1997. Comments

received after that date will be considered to the extent possible

without incurring additional delay.

ADDRESSES: Written comments should be submitted to the Docket Clerk,

Office of Chief Counsel, Mail Stop 10, FRA, 400 Seventh Street, S.W.,

Washington, D.C. 20590.

FOR FURTHER INFORMATION CONTACT: Bruce F. George, Staff Director,

Highway Rail Crossing and Trespasser Programs, Office of Safety, FRA,

400 Seventh Street, S.W., Washington, D.C. 20590 (telephone: 202-632-

3312); Grady C. Cothen, Jr., Deputy Associate Administrator for Safety

Standards, FRA, 400 Seventh Street, S.W., Washington, D.C. 20590

(telephone: 202-632-3309; or Mark Tessler, Office of Chief Counsel,

FRA, 400 Seventh Street, S.W., Washington, D.C. 20590 (telephone 202-

632-3171) (e-mail address: [email protected]) .

SUPPLEMENTARY INFORMATION:

Background

Section 20153 of Title 49 of the United States Code authorizes DOT

(and by delegation of the Secretary of Transportation, FRA) to

prescribe regulations requiring that locomotive horns be sounded while

each train is approaching and entering upon each public highway-rail

grade crossing. The statute also permits the Secretary to exempt from

the requirement to sound the locomotive horn any category of rail

operations or categories of highway-rail grade crossings for which

supplementary safety measures fully compensate for the absence of the

warning provided by the horn. Section 20153(e)(1) states that ``In

order to promote the quiet of communities affected by rail operations

and the development of innovative safety measures at highway-rail grade

crossings, the Secretary may, in connection with demonstration of

proposed new supplementary safety measures, order railroad carriers

operating over one or more crossings to cease temporarily the sounding

of locomotive horns at such crossings. Any such measures shall have

been subject to testing and evaluation and deemed necessary by the

Secretary prior to actual use in lieu of the locomotive horn.''

FRA has been requested by representatives of Spokane County,

Washington, the Washington Utilities and Transportation Commission, and

the Burlington Northern Santa Fe Railroad Company to order the

temporary cessation of sounding of locomotive horns at two crossings in

Spokane County in order to demonstrate new and innovative engineering

solutions to prevent motorists from entering onto highway-rail grade

crossings equipped with fully functioning grade crossing warning

devices. The crossings which are the subject of this Order are located

at University Road within Spokane County, approximately five miles east

of the City of Spokane. Two parallel BNSF tracks, each with a separate

set of automatic grade crossing warning devices, cross University Road

approximately 100 feet south of State Route 290 (Trent Avenue).

In order to institute this demonstration project as soon as

possible, FRA is issuing this order on an interim basis. Upon

compliance with

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the provisions contained in the order, BNSF will be required to cease

sounding of the locomotive horn at the crossings under the terms of the

order. FRA will revise the order, rescind it, or issue a final order

without change, depending on information contained in any comments

received.

FRA has evaluated the proposed actions in accordance with its

procedures for ensuring full consideration of the environmental impact

of FRA action, as required by the National Environmental Policy Act (42

U.S.C. 4321 et seq.), other environmental statutes, Executive Orders,

and the DOT Order 5610.1c. It has been determined that the proposed

actions will have a beneficial impact on the environment by the

cessation of the sounding of locomotive horns.

This action has been evaluated in accordance with existing

regulatory policies and procedures and is considered to be non-

significant under DOT policies and procedures (44 FR 11304). This

action will not have an impact on a substantial number of small

entities.

Federalism Implications

This action has been analyzed in accordance with the principles and

criteria contained in Executive Order 12612. Inasmuch as implementation

of this order is, by its own terms, dependent on the request of Spokane

County that such order be issued, and the purpose of the order is to

enable the county to comply with the purposes of a Washington State

statute, there are insufficient Federalism implications to warrant the

preparation of a Federalism Assessment.

Public Participation

Interested parties are invited to participate in this proceeding by

submitting to the Docket Clerk written data, views, or comments. FRA

does not anticipate scheduling a public hearing in connection with

these proceedings since the facts do not appear to warrant a hearing.

If any interested party desires an opportunity for oral comment, they

should notify the FRA Docket Clerk at the above listed address, in

writing, before the end of the comment period and specify the basis for

their request.

Interim Final Order

Based on the above, FRA issues the following order:

Interim Final Order to Temporarily Cease Sounding of Locomotive

Horns

I find that:

1. Spokane County, Washington, in conjunction with The Burlington

Northern and Santa Fe Railway Company (BNSF) and the Washington

Utilities and Transportation Commission, and in consultation with the

Federal Railroad Administration (FRA), has instituted a demonstration

of new and innovative engineering solutions to prevent motorists from

entering the public highway-rail grade crossing at University Road in

Spokane County.

2. As part of the demonstration, and preliminary to the temporary

cessation of the sounding of locomotive horns at the crossing, Spokane

County has tested various configurations of non-mountable median curbs.

As configured for the principal phases of the demonstration, these

curbs are of different dimensions in height and length than

arrangements previously evaluated and provide additional security for

rail operations over the two-track highway-rail crossing. Roadway

geometry in the area is challenging. The maintainability of curbs,

roadways, and highly visible delineators during winter conditions also

pose issues of interest for policy development.

3. As an integral part of this demonstration, Spokane County

gathered data concerning base line safety risk and the impact on risk

of installing these proposed new supplementary safety measures. Data

concerning responses to the automated warning system by motor vehicle

drivers was gathered by means of video monitoring of driver behavior.

FRA has evaluated this and other data and finds pursuant to 49 U.S.C.

20153 that the proposed new supplementary safety measures will fully

compensate for the loss of the train horn as a warning device at this

crossing.

4. All engineering improvements comprising the demonstration have

been tested and evaluated and are deemed necessary in lieu of the

locomotive horn.

5. Spokane County officials have expressed a strong interest in

establishing a quiet zone at this crossing, which is placed within a

segment of railroad exceeding one-half mile in length, making

establishment of a quiet zone clearly practicable.

6. Issuance of this order will assist the FRA in gathering

information and data useful to development of final rules under 49

U.S.C. Sec. 20153.

7. At the request of Spokane County and the FRA, the BNSF has fully

cooperated in the exploration of options for safety improvements at the

University Road crossing but considers that the company is not able to

unilaterally cease use of the train horn at University Road due to

requirements of state law, absent issuance of this order.

Accordingly, pursuant to 49 U.S.C. 20153(e)(1), and in order to

promote the quiet of Spokane County and to promote the development of

innovative safety measures at highway-rail crossings, I hereby order

the BNSF, during the term of this order and in accordance with its

provisions, to cease sounding of locomotive horns on approach to and at

the above highway-rail crossing for a period of four months, beginning

October 15, 1977 (or such later date as Spokane County may request),

subject to the following conditions:

(a) Non-mountable median curbs with delineators as approved by the

WUTC, shall remain installed and shall be maintained at the crossing by

Spokane County;

(b) All highway-rail grade crossing warning devices installed at

the crossing are operating properly in accordance with the provisions

of 49 CFR part 234. In the event of a warning system malfunction as

defined in 49 CFR 234.5, an engineer operating a train through the

crossing is not responsible for sounding the locomotive horn until he

or she has been informed of the warning system malfunction.

(c) Advance warning signs, as approved by the WUTC shall be posted

and maintained by Spokane County advising motorists that locomotive

horns will not be sounded;

(d) Spokane County, through an authorized officer, requests in

writing that the sounding of the locomotive horn cease pursuant to the

terms of this order and serves such request on the BNSF and the

Associate Administrator for Safety, FRA, at least 14 days prior to the

date on which cessation is requested;

(e) Spokane County, in consultation with the FRA Regional

Administrator, Region 8, provides for further data collection to

determine the long-term effect on motorist behavior of the new

engineering improvements at this highway-rail crossing without use of a

train-borne audible warning.

The Associate Administrator for Safety is delegated the authority

to extend the period of this order, as appropriate, until the effective

date of a final rule issued pursuant to 49 U.S.C. 20153, if the

Associate Administrator for Safety determines that data developed

during the initial demonstration period confirms the effectiveness of

the subject engineering improvements and periodic monitoring continues

to confirm this effectiveness.

Nothing in this order is intended to prohibit an engineer from

sounding the locomotive horn to provide a warning to

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vehicle operators, pedestrians, trespassers or crews on other trains in

an emergency situation if, in the engineer's sole judgment, such action

is appropriate in order to prevent imminent injury, death or property

damage. This order does not require that such warnings be provided nor

does it impose a legal duty to sound the locomotive horn in such

situations.

Nothing in this order excuses compliance with sections 214.339,

234.105, 234.106, and 234.107 of title 49, Code of Federal Regulations,

concerning use of the locomotive horn under circumstances therein

described. Nothing in this order is intended to prohibit an engineer

from sounding the locomotive horn or whistle to provide necessary

communication with other trains and train crew members if other means

of communication are unavailable.

Issued in Washington, D.C. on October 15, 1997.

Jolene M. Molitoris,

Administrator.

[FR Doc. 97-27800 Filed 10-20-97; 8:45 am]

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