[Federal Register Volume 74, Number 181 (Monday, September 21, 2009)]
[Notices]
[Pages 48122-48123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22595]


-----------------------------------------------------------------------

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 Highway-Rail 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-long-short-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 highway-rail 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

[[Page 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 FRA-compliant 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 Sec.  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:
    <bullet> Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC 
20590.
    <bullet> 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