2000-140 11 " 0
RESOLUTION NO. 2000- 14
A RESOLUTION REQUESTING THE FEDERAL RAILROAD ADMINISTRATION
TO CONSIDER THE ESTABLISHMENT OF LOCALLY VIABLE RULES AND REGULATIONS
AS PART OF THE NATIONAL IMPLEMF•NTATION OF HIGHWAY /RAIL CROSSING
LOCOMOTIVE HORN USE RULES
WHEREAS, the Village of Buffalo Grove, Illinois has previously requested
that the Wisconsin Central Railway Ltd. to refrain from sounding locomotive horns
al all highway -rail crossings within the Village; and
WHEREAS, that request was based upon the Illinois Commerce Commission
having excused the Wisconsin Central Railway Ltd. from sounding locomotive horns
at each of their at -grade highway -rail crossings from the portion of the line
from the Wisconsin /Illinois state line south to the intersection of the Milwaukee
District West Line, with certain identified exceptions; and
WHEREAS, the Village of Buffalo Grove previously passed its Resolution No.
99 -7 which further requested the Wisconsin Central Railway Ltd. from refraining
from sounding locomotive horns only from the hours of 10:30 p.m. to 5:30 a.m.
unless the train engineer reasonably determined that an increased risk of bodily
injury or property damage was present at a crossing; and
WHEREAS, Congress has passed the Swift Rail Development Act (Public Law
103 -440) ( "Act ") which in part directs the Federal Railroad Administration
( "FRA ") to issue rules requiring the use of train horns at all public highway -
rail crossings as well as voiding all previously adopted whistle blowing ban
ordinances /resolutions adopted nationally; and
WHEREAS, the FRA has proposed a Notice of Proposed Rulemaking to address
the use of locomotive horns at public highway -rail grade crossings; and
WHEREAS, as part of the Rulemaking process, a Draft Environmental Impact
Statement has been prepared and released for public comment in order to present
an analysis of various impacts of the proposed rules; and
WHEREAS, the Act has also directed the FRA to make reasonable exceptions
to the use of locomotive train horns in certain qualified circumstances; and
WHEREAS, the FRA has proposed certain measures that are intended to
mitigate the sound levels of locomotive horns in order to provide relief to the
population surrounding rail crossings while ensuring that such sound levels are
high enough to meet public safety initiatives; and
WHEREAS, the FRA has further proposed that various strategies known as
supplemental safety measures offer the opportunity to mitigate the sound
provisions of the rule although these strategies attempt to impose a nationwide
standard when local conditions may warrant other forms of relief to the need to
continually sound locomotive horns; and
WHEREAS, the Village of Buffalo Grove believes that the adverse affects of
continual sounding of locomotive horns in urban areas can be mitigated through
a flexible design of standards while assuring that safety concerns reflected in
the Act can be attained.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS that:
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Section 1. The Federal Railroad Administration consider local conditions
and factors in the establishment of reasonable and effective highway /rail
crossing safety rules so that the continual sounding of locomotive horns
is not a necessity except in the case of increased risk of bodily injury
or property damage to the train crew or pedestrian /vehicle traffic.
Section 2. The Village of Buffalo Grove stands ready to work with the
Federal Railroad Administration and /or the Wisconsin Central Railway Ltd
to develop and promote a comprehensive education and enforcement program
on matters of rail crossing safety.
,Section 3 The Village Clerk is hereby directed to file a certified copy of
this Resolution be filed with the U.S. Department of Transportation for
inclusion into the public testimony on this matter under DEIS- Docket
Number: FRA -1999 -6440.
AYES: 5 - Marienthal, Braiman, Henricks Glover, Berman
NAYES: 0 - None
ABSENT: 7 _ P2 4A
PASSED: March 20 ,2000. APPROVED: March
ATTEST: APPROVED:
Vi11 e Clerk Village President
,2000.