# Temporary Cessation of Sounding of Locomotive Horn > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A97-27800 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** October 21, 1997 - **Citation:** 62 FR 54681 ## Text 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. ----------------------------------------------------------------------- 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 [[Page 54682]] 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 [[Page 54683]] 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] BILLING CODE 4910-06-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A97-27800. Public record. Not legal advice.