[Federal Register Volume 62, Number 203 (Tuesday, October 21, 1997)]
[Notices]
[Pages 54681-54683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27800]


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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

[[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