48122 Federal Register / Vol. 74, No. 181 / Monday, September 21, 2009 / Notices 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, 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 FRA, in writing, before 

the end of the comment period and 

specify the basis for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number (e.g., Waiver 

Petition Docket Number FRA–2009– 

0029) and may be submitted by any of 

the following methods: 

• Web site: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., W12–140, 

Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Avenue, SE., Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

Communications received within 45 

days of the date of this notice will be 

considered by FRA before final action is 

taken. Comments received after that 

date will be considered as far as 

practicable. All written communications 

concerning these proceedings are 

available for examination during regular 

business hours (9 a.m.–5 p.m.) at the 

above facility. All documents in the 

public docket are also available for 

inspection and copying on the Internet 

at the docket facility’s Web site at 

http://www.regulations.gov. 

Anyone is able to search the 

electronic form of any written 

communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78). 

Issued in Washington, DC, on September 

14, 2009. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. E9–22578 Filed 9–18–09; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Petition for Waiver of Compliance 

In accordance with Part 211 of Title 

49 Code of Federal Regulations (CFR), 

notice is hereby given that the Federal 

Railroad Administration (FRA) received 

a request for a waiver of compliance 

from certain requirements of its safety 

standards. The individual petition is 

described below, including the party 

seeking relief, the regulatory provisions 

involved, the nature of the relief being 

requested, and the petitioner’s 

arguments in favor of relief. 

Tri-County Metropolitan 

Transportation District of Oregon 

(Waiver Petition Docket Number FRA– 

2009–0072) 

The Tri-County Metropolitan 

Transportation District of Oregon 

(TriMet) seeks two waivers of 

compliance from certain provisions of 

the Railroad Locomotive Safety 

Standards, 49 CFR part 229, and the Use 

of Locomotive Horns at Public HighwayRail Grade Crossings, 49 CFR part 222. 

TriMet is seeking waivers to allow the 

volume of locomotive horns to be lower 

than the minimum requirement of 96 

dB(A) and to not be required to 

routinely sound locomotive horns when 

approaching public highway-rail grade 

crossings on a specific line segment. 

Specifically, TriMet is seeking: (1) A 5- 

year waiver from the provisions of 49 

CFR 229.129(a), which require the lead 

locomotive to be equipped with a 

locomotive horn that produces a 

minimum sound level of 96 dB(A) and 

a maximum sound level of 110 dB(A) at 

100 feet forward of the locomotive in its 

direction of travel; and (2) a permanent 

waiver from the provisions of 49 CFR 

222.21(a) and 222.21(b)(2), which 

require locomotive horns to be sounded 

when approaching public highway-rail 

grade crossings, using the ‘‘long-longshort-long’’ pattern that begins 15 to 20 

seconds before the locomotive reaches 

the crossing, but no further than 1⁄4 mile 

from the crossing. 

TriMet is a municipal corporation that 

was created in 1969 for the purpose of 

taking over the local bus systems and 

providing regional transit in the 

Portland, OR, metropolitan area. Its 

district is composed of the Greater 

Portland area, including Multnomah, 

Clackamas and Washington counties. 

TriMet’s systems include buses, light 

rail, and beginning in 2009, commuter 

rail. On February 2, 2009, TriMet began 

Westside Express Service (WES) 

operations over a 14.7-mile rail line 

between Wilsonville and Beaverton. 

WES service uses self-propelled diesel 

multiple-unit rail cars. WES currently 

runs 32 trains per weekday. The 

Portland & Western Railroad (P&W) also 

operates four to five freight trains per 

day over the line. P&W operates WES 

trains and also dispatches the trains for 

both railroads. The waiver petition 

applies only to WES trains. 

Since commencement of WES 

revenue service, TriMet has received 

numerous complaints from citizens 

regarding locomotive horn noise at 

crossings. There are 34 public highwayrail grade crossings on the rail line. 

Newspaper articles and 

correspondences from State legislators 

have expressed complaints and urged 

that TriMet take action to quiet the 

horns. TriMet continues to work with 

the local cities to find ways to lessen the 

impact of locomotive horns. This 

includes investigating and 

demonstrating the use of wayside horns 

and planning for the creation of quiet 

zones. The purpose of the waiver is to 

seek temporary relief while these 

remedies are put in place. 

Title 49 CFR 229.129(a) reads as 

follows: ‘‘Each lead locomotive shall be 

equipped with a locomotive horn that 

produces a minimum sound level of 96 

dB(A) and a maximum sound level of 

110 dB(A) at 100 feet forward of the 

locomotive in its direction of travel. The 

locomotive horn shall be arranged so 

that it can be conveniently operated 

from the engineer’s usual position 

during operation of the locomotive.’’ 

TriMet is requesting a 5-year waiver of 

the decibel requirements. It proposes to 

equip WES trains with an electronic 

warning device that generates both a 

horn and bell sound that can be 

sounded continuously; the horn will 

sound at 80 dB(A) at a distance of 100 

feet. The trains are also equipped with 

a 96 dB(A) horn that the operator will 

have discretion to sound in cases of 

emergencies or other situations. The bell 

will ring at a minimum of 60 dB(A) at 

a distance of 100 feet. When the 

locomotive on a WES train approaches 

a public highway-rail grade crossing, the 

horn on the lead locomotive will begin 

to sound at 80 dB(A) in the required 

long-long-short-long blast pattern at 

least 15 seconds (but no more than 20 

seconds) before the locomotive enters 

the crossing. 

TriMet asserts that this will not 

compromise safety because an 

alternative procedure for equivalent 

safety will be in place. WES trains will 

sound an 80 dB(A) horn and follow the 

sounding procedures as provided in 49 

CFR 222.21, except in the Lombard 

segment (see the second part of the 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 74, No. 181 / Monday, September 21, 2009 / Notices 48123 

waiver petition). WES trains are 

equipped with a 96 dB(A) horn that can 

be used in an emergency. TriMet points 

out that WES trains are equipped with 

FRA-compliant headlights and auxiliary 

lights that form a triangular pattern for 

conspicuity to motorists. All of the 

public crossings are equipped with 

automatic warning devices consisting of 

flashing lights and gates, except for four 

crossings that do not have gates. WES 

and P&W trains will both sound the 

locomotive horns in the same pattern, 

thus providing a consistent warning to 

motorists and pedestrians. In an 

emergency, WES train engineers will 

retain the ability to sound the FRAcompliant horn of 96 dB(A). TriMet 

believes that these alternative audible 

warnings, coupled with the crossing 

protections and operating conditions, 

provide an equivalent level of safety. 

Title 49 CFR 222.21(a) reads as 

follows: ‘‘Except as provided in this 

part, the locomotive horn on the lead 

locomotive of a train, lite locomotive 

consist, individual locomotive or lead 

cab car shall be sounded when such 

locomotive or lead cab car is 

approaching a public highway-rail grade 

crossing. Sounding of the locomotive 

horn with two long blasts, one short 

blast and one long blast shall be 

initiated at a location so as to be in 

accordance with paragraph (b) of this 

section and shall be repeated or 

prolonged until the locomotive occupies 

the crossing. This pattern may be varied 

as necessary where crossings are spaced 

closely together.’’ Title 49 CFR 

222.21(b)(2) reads as follows: ‘‘Except as 

provided in paragraphs (b)(3) and (d) of 

this section, or when the locomotive 

horn is defective and the locomotive is 

being moved for repair consistent with 

§ 229.9 of this chapter, the locomotive 

horn shall begin to be sounded at least 

15 seconds, but no more than 20 

seconds, before the locomotive enters 

the crossing. It shall not constitute a 

violation of this section if, acting in 

good faith, a locomotive engineer begins 

sounding the locomotive horn not more 

than 25 seconds before the locomotive 

enters the crossing, if the locomotive 

engineer is unable to precisely estimate 

the time of arrival of the train at the 

crossing for whatever reason.’’ 

TriMet is requesting a permanent 

waiver from these two subsections of 49 

CFR 222.21 for trains operating on the 

Lombard segment. WES operates in the 

street for approximately 2,000 feet 

outside the Beaverton Transit Center 

(the Lombard segment). Freight trains 

do not operate on the Lombard segment. 

There are three crossings on the 

Lombard segment. One is equipped with 

crossing warning devices consisting of 

bells, flashing lights, and gates. The 

other two crossings are equipped with 

traffic signals, flashing lights, and bells. 

The maximum train speed on the 

Lombard segment is 10 mph. TriMet 

proposes that when the lead unit on a 

WES train approaches a grade crossing 

on the Lombard segment, the bells on 

the lead unit will begin to sound at 60 

dB(A) at least 15 seconds before the lead 

car enters the crossing. The bells will 

sound continuously, in lieu of the 

locomotive horn, until the last car in the 

WES train clears the grade crossing. 

TriMet states that safety is not 

compromised as the alternative 

procedure previously described will 

provide an equivalent level of safety. 

TriMet asserts that the bell sounding 

procedure described, plus the fact that 

all three crossings are equipped with 

automatic warning devices, will provide 

the same level of safety. Furthermore, 

WES trains operate at a maximum of 10 

mph over the Lombard segment and are 

equipped with a 96 dB(A) horn that may 

be used in an emergency. 

TriMet requests expedited 

consideration in order to provide relief 

as soon as possible. There have been a 

large number of complaints received 

about the train horns. Since the 

establishment of quiet zones takes 

significant time and considerable 

expense, the approval of this waiver 

petition is the quickest source of relief. 

TriMet states that it is not filing a 

joint waiver petition with the involved 

public authorities in the interest of 

expediency. The waiver petition 

includes letters of support from 

Washington County and the Cities of 

Beaverton, Tigard, and Tualatin. TriMet 

has also provided copies of the waiver 

petition to the Oregon Department of 

Transportation, P&W, and the City of 

Wilsonville, and asked that these 

entities provide FRA with letters of 

support. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, 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 FRA, in writing, before 

the end of the comment period and 

specify the basis for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number (e.g., Waiver 

Petition Docket Number FRA–2009– 

0072) and may be submitted by any of 

the following methods: 

• Web site: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., W12–140, 

Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Avenue, SE., Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

Communications received within 45 

days of the date of this notice will be 

considered by FRA before final action is 

taken. Comments received after that 

date will be considered as far as 

practicable. All written communications 

concerning these proceedings are 

available for examination during regular 

business hours (9 a.m.–5 p.m.) at the 

above facility. All documents in the 

public docket are also available for 

inspection and copying on the Internet 

at the docket facility’s Web site at 

http://www.regulations.gov. 

Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78). 

Issued in Washington, DC, on September 

14, 2009. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. E9–22595 Filed 9–18–09; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Petition for Waiver of Compliance 

In accordance with part 211 of Title 

49 Code of Federal Regulations (CFR), 

notice is hereby given that the Federal 

Railroad Administration (FRA) has 

received a request for a waiver of 

compliance from certain requirements 

of its safety standards. The individual 

petition is described below, including 

the party seeking relief, the regulatory 

provisions involved, the nature of the 

relief being requested, and the 

petitioner’s arguments in favor of relief. 

mstockstill on DSKH9S0YB1PROD with NOTICES