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Temporary Cessation of Sounding of Locomotive Horn--Coon Rapids, MN

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 [Federal Register: October 9, 2001 (Volume 66, Number 195)]
[Notices]
[Page 51497-51499]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09oc01-173]

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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA-2001-10278]
 
Temporary Cessation of Sounding of Locomotive Horn--Coon Rapids, 
MN

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 is ordered to temporarily cease 
the sounding of locomotive horns at specific crossings within the City 
of Coon Rapids, Minnesota. As provided by statute, the Secretary of 
Transportation, and by delegation, the Federal Railroad Administrator, 
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 8, 2001. Comments 
received after that date will be considered to the extent possible 
without incurring additional delay.

[[Page 51498]]

ADDRESSES: Written comments concerning these proceedings should 
identify the appropriate docket number (e.g. Docket No. FRA-2001-10278) 
and must be submitted to the Docket Clerk, DOT Docket Management System 
(DMS), Room PL-401, 400 Seventh Street, SW., Washington, DC 20590-0001. 
All written communications concerning these proceedings are available 
for examination during regular business hours (9 am-5 pm) at DOT 
Central Docket Management Facility, Room PL-401 (Plaza Level), 400 
Seventh Street, SW., Washington, DC 20590. You may submit comments 
online through the DMS at http://dmses.dot.gov/submit. Exit E.P.A. All documents in 
the public docket are also available for inspection and downloading at 
the DMS web site at http://dms.dot.gov. Exit E.P.A. Internet users may also reach 
the Office of the Federal Register's home page at http://
www.nara.gov/fedreg Exit E.P.A. and the Government Printing Office's web page at 
http://www.access.gpo.gov/nara. Exit E.P.A.

FOR FURTHER INFORMATION CONTACT: Ron Ries, Staff Director, Highway Rail 
Crossing and Trespasser Programs, Office of Safety, FRA, 1120 Vermont 
Avenue, NW., Washington, DC 20590 (telephone: 202-493-6285); or Mark 
Tessler, Office of Chief Counsel, FRA, 1120 Vermont Avenue, NW., 
Washington, DC 20590 (telephone 202-493-6061 (e-mail address: 
mark.tessler@fra.dot.gov) .

SUPPLEMENTARY INFORMATION:

Background

    Section 20153 of Title 49 of the United States Code authorizes the 
Secretary of Transportation (and by delegation of the Secretary of 
Transportation, the Federal Railroad Administrator) 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 the City of Coon 
Rapids, Minnesota, to order the Burlington Northern Santa Fe Railroad 
Company (BNSF) to temporarily cease the sounding of locomotive horns at 
three crossings in the city in order to demonstrate new and innovative 
engineering solutions to prevent motorists from entering onto highway-
rail grade crossings equipped with fully functioning gated grade 
crossing warning devices. The crossings which are the subject of this 
Order are located at 121 St. Street (DOT Inventory No. 061574G), 
Northdale Boulevard, (DOT Inventory No. 061573A) and Egret Boulevard 
(DOT Inventory No. 061570E). The Minnesota Commissioner of 
Transportation has approved the quiet zone demonstration project for 
these crossings. FRA is prepared to order cessation of routine sounding 
of locomotive horns at the specified public highway grade crossings.
    In order to institute this demonstration project as soon as 
possible, FRA is issuing this order on an interim basis. Upon 
compliance with the provisions contained in the order, BNSF will be 
required to cease sounding of the locomotive horn at the crossings 
under the terms of this 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 (Procedures for Considering Environmental 
Impacts). 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 13132. Inasmuch as implementation 
of this order is, by its own terms, dependent on the request of the 
City of Coon Rapids that such order be issued, and the purpose of the 
order is to enable effectuation of a quiet zone demonstration project 
established by the Minnesota Commissioner of Transportation, all 
appropriate prior consultation with state and local officials has taken 
place.

Public Participation

    Interested parties are invited to participate in this proceeding by 
submitting to the Docket Clerk at the address listed above 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 Docket Clerk, 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:

U.S. Department of Transportation Federal Railroad Administration

Interim Final Order to Temporarily Cease Sounding of Locomotive 
Horns

    I find that:
    1. The City of Coon Rapids, Minnesota, (City) in conjunction with 
The Burlington Northern and Santa Fe Railway Company (BNSF) and the 
Minnesota Commissioner of Transportation, 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 crossings at 121 St. Street (DOT 
Inventory No. 061574G), Northdale Boulevard (DOT Inventory No. 061573A) 
and Egret Boulevard (DOT Inventory No. 061570E) (collectively 
``crossings'').
    2. As part of the demonstration, and preliminary to the temporary 
cessation of the sounding of locomotive horns at the crossing, the City 
has tested various configurations of mountable median curbs equipped 
with channelization devices. As configured for the principal phases of 
the demonstration, these curbs are of different dimensions in height 
and length than arrangements

[[Page 51499]]

previously evaluated. The maintainability of curbs, roadways, and 
highly visible delineators pose issues of interest for policy 
development.
    3. The demonstration project has been designed with three distinct 
phases. ``Phase 1'' entails studying driver behavior at the subject 
crossings without medians and with locomotive horns routinely sounded. 
``Phase 2'' of the project includes studying driver behavior at those 
crossings with medians installed but with locomotive horns routinely 
sounded. ``Phase 3'' of the project includes studying driver behavior 
at the crossings with medians installed and routine sounding of 
locomotive horns prohibited. As an integral part of this demonstration, 
the City has gathered data during Phases 1 and 2 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.
    4. All engineering improvements comprising the demonstration have 
been tested and evaluated and are deemed necessary in lieu of the 
locomotive horn.
    5. City officials have expressed a strong interest in establishing 
quiet zones at these crossings, which are 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 innovative supplementary 
safety devices.
    7. At the request of the City and the FRA, the BNSF has fully 
cooperated in the exploration of options for safety improvements at the 
crossings but considers that the company is not able to unilaterally 
cease use of the train horn at the crossings, absent issuance of this 
order.
    Accordingly, pursuant to 49 U.S.C. 20153(e)(1), and in order to 
promote the quiet of the City, 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 the routine sounding of locomotive horns on 
approach to and at the above crossings during the period known as Phase 
3 of the ``Pilot Project Train Whistle Ban, City of Coon Rapids, Inc.'' 
approved by the Minnesota Commissioner of Transportation on March 20, 
2001 and beginning on such date as the City may determine, subject to 
the following conditions:
    (a) Once every crossing configuration including all signage, median 
design, and delineator design and spacing is approved by the Minnesota 
Commissioner of Transportation and every crossing is so configured, the 
City, through an authorized officer, shall inform BNSF in writing that 
the routine sounding of the locomotive horn shall cease pursuant to the 
terms of this order and shall serve such notice on the BNSF with a copy 
sent to the Associate Administrator for Safety, FRA, at least 14 days 
prior to the date on which cessation is planned;
    (b) All highway-rail grade crossing warning devices installed at 
the crossing shall operate properly and 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 Minnesota 
Commissioner of Transportation, and in conformance with the Manual on 
Uniform Traffic Control Devices issued by the Federal Highway 
Administration, shall be posted and maintained by the City advising 
motorists that locomotive horns will not be sounded;
    (d) In accordance with the above Minnesota Commissioner of 
Transportation approval of March 20, 2001, the City shall maintain and 
monitor videotapes of each crossing and submit appropriate reports to 
the Minnesota Department of Transportation; and
    (e) The City, in consultation with the FRA Regional Administrator, 
Region 4, shall be responsible for further data collection to determine 
the long-term effect on motorist behavior of the new engineering 
improvements at these crossings combined with cessation of routine use 
of locomotive horns.
    Unless rescinded by the FRA Associate Administrator for Safety at 
an earlier date, this order is in effect until the effective date of a 
final rule issued pursuant to 49 U.S.C. 20153, provided that 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 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, DC, on September 28, 2001.
Allan Rutter,
Federal Railroad Administrator.
[FR Doc. 01-25105 Filed 10-5-01; 8:45 am]
BILLING CODE 4910-06-P

 
 

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