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, "S. INAYAKAWA
"r. Laurencc Wilson
325 Daisy Avenue
Lodi, California 95240
Dear M. epi lsone
10'ruffeb 11fateza u
WASHINGTON. D.C. 20310
February 21, T!"i
Enclosed is the response to the inquiry
which i initiated on your behalf.
AGRIGULTURIL NUYRITIO".
^NO VO4gESVRY
FOAMON RELAYtOMN
SMALL OUSINT52
I an sorry that the ru apoasu was not ::lore helpful, but i
do appreciate the opportunity to try to be of assistanceb
S101e..,
rnclo4ur4
A'
The Honorable S. 1. Hayakawa
United States Senate
Washington, D. C. 20 510
Denc Senator Hayakawas
FEB 13 #
M
400 Revmth $t.. sero.
Wa on, D.C. 20590
SENAM7 S,
FEB 9198,
CAL!F, g,l
Your correspondence of January 17, 1981, to the Interstate Commerce
Omission has been referred) to my office for reply. Your constituent,
Mr. Lawrence A. Wilson, was concerned about the noise level of locomotive
horns from trains operating near his residence.
The Federal Railroad Administration (FRA) has the responsibility for
promulgation and enforcement of regulations affecting the safety of
the public, as well as railroad employees and passengers who ride on.
trains. The Federal regulations concerning the locomotive whistle or
horn r4quire only that each locomotive shall be provided with a suitable
whistle, or its equivalent, arranged so that it may be conveniently
operated by the engineer or motorman from his position in the cab, 'There
is no Federal requirement on the actual sounding of the horn or whistle.
Rules concerning the applicability, method and time duration of the actual
sounding of the locomotive whistle or horn are issued, administered, and
enforced by either the State Public Utilities Commissions or the Operating
railroad companies.
The Federal government's noise control program was established in 1972
with the passage of the Noise Control Act, P.L. 92-574. That Act recognized
that the primary responsibility for noise control rests with state and local
governments. however, in certain instances, Federal action would be
necessary to control noise sources in commerce, the control of which
requires national uniformity to avoid imposing undue burdens on interstate
commerce. Section 17 of the Act specifically identifies railroad -generated
noise as one of those areas requiring Federal taction. The Environmental
Protection Agency (EPA) is designated as the Federal agency responsible
for the issuance of noise emission standards. The FRA has been designated
as the agency which will insure railroad industry compliance with the EPA
noise standards.
I understand your constituents' concern over the extent and use of railroad
warning devices operating near their residences. in determining the sources
of railroad noise which are in need of national regulation, the EPA concluded
that comprehensive and truly effective Federal regulation would be overly
cumbersome. State and local authorities are better able to evaluate the
n • e w
particular local ciL;-,umstances regarding the nature and extent Of noise
problems and the requisite safety considerations involved.
X trust that this information explains the FRABs role in railroad noise
control. If I can to of any farther service, please feel free to
contact meo
ALAN CRANSTON
Mr. Lawrence A.
325 Daisy Avenue
Lodi, California
Dear Mr. Wilson,
Wilson
95240
March 2, 1981
Thanks for your letter requesting any assistance.
I want to be as helpful as possible to you. However, the
problem you've outlined appears to be one that can only be
resolved by your local city or county government. Your City
Councilman and County Supervisor have the responsibility for
making sure that local government is being administered in
the best public interest. Their looking into your problem
would probably be the most helpful assistance you could re-
ceive. Thus you should get .in touch with either your City
Councilman or County Supervisor, and discuss your case with
either or both of thea.
I appreciate your coming to me, and wish I could be of assis-
tance. If there's any way in the future I can seek to assist
you on problems with the federal government, I hope you won't,
hesitate to get in touch with me.
With best wishes,
y� pcere ,
Alan Cranston
oLourawe W. Wilson
325 y kv
Loa, ck g52o
0
Dear Ara, Wilams
very truly yourpo
® E. TANNERj, Director
Transportation Division
CC$ S. 1m Hiyakawa
U, soossnate
Wa&.hington, D.C. 20510
Associate Administrator for Safety
Federal Railroad Administration
400 Seventh St., S.W.
Washington, D.C. 20590
Enc.
C
($) `1g'o , timber. store, gravr1, apt r>tlrt-r material, t., 1"- 11-4-41
iia the coratTuction and rnainte•nanc-c of its road, arid all nereaa.or,
appffKLagrs and adjuncts. (Amended 1575, Ch 1240 )
N To change the line of its rel:tel, iri w'hrkle- e.r to dart, "held,'\e-r .$
rraat�(Drity of thr aiirectors sn tjrtr•rrrainr, as p{reoa rile cl
tit Section 75.31. ht it t h= -
change shall riot vary the• ge neml route of theroad. In 1t,
attic•1's of incorporation. (Amended IWO. tai W4 b
7537. The ower of any lands along or thrmigh which an) r;allro,ul it.
oorWructed or rruintsined, away have such farm or priVitt e• cro++inK, en e•r
the ragroad atiM railroad rq*-of-wsy as are reasonably n •,%xry (w
crInvenkmt For inresa to or egress From such lands, or in order to connect
mxh Barnd% with other adjacent lands of the emner. The owner or operator
of the raailrood shall conATuct and at all times maintain suets farm or
private crossing in a good, safes, atad passable cavadition. The commission
shall have the authority to determine the necessity For any crosa,ing and
he p6cr. manner. and conditions under which thecro-oong%hall he -
reed and mAintain€d. and shall fix and aasw%% the• cost and rt;wit.a-
thereof.
At every farm or private grade cransinlc of a rf •olid where no
raiAom atic grade eter-stag protective devwe IN 1n plat t- the u. ,11.111 b.,
installed, as a means of protecting the crossing, one or niort, stop) %ijon of
the tyv a bed in section 21400 of the Vehicle Lode or of such other
design as tete comminion may prescribe unless. after a hearing. the
$'ind that the installation of such sign or signs at a
Beate a hazard or dangerous condition Haat
would not otherw6e, exW. At any grade crossing where stop signs are
instaUed
gg r in Owe, before traversing such crossing the driver of any
vvhkie $ WD stop such vehicle not less than 10 nor more= than 50 feet hrorn
the onereA rail of the track and whsle sostopped shall listen. and look int
both directiom along the track. for any
'aapproaching train or other
ecptsipnnesnt using such trails` The vehicle shall remain standing while any
tralsn or other equipment using such rails is apprclaching the c ros9ing and
ckne enough to constitute a hazard. A driver of away vehicle who fails to
cep hs vehk4e standing while any train or egWp ment using such rails is
approsKidng the crowing and which is so cls as to constitute a haaard
Ikis guifty of a mbdemeanor. (Added 1961, Ch. 944, Sec. 1. Amended 1958,
CAL .U1 -i
Article & Railroad Equipment
A be H, of at bassi 2D pounds weight, stall be Once d can each
keomotivernxine, and shall 1e rueagt at a distalzct° of ilt le-ASt 80171 -is f1`01B
the p6cv where the railroad crosue s any xtret-t, roues. or hi);hw'ay, at1d tx-
kqA ringing until it has cr(w d the strc^c-t, rizdci, or highvaany', or a sivain
whistle, air siren, car .ata :air whi-, le- %haall I3t• .attacht-d, .and h oujidi-d,
exist in citm-&, aat rise' like distaste -e•, anti be lac pt wmndiny .1t mit•t v.a1%shill d
it hs, rrm-;4. 4 ria.• ,rre-.•4. rrm,t- .+r $let t1�,.1� _ jw4l,, t vd. that when a
i.x Otrknte1e• 1, I'llL.ss;c,d in -, .%%Orhing ,.}x -ration or come% to a stops
-it ail. It4wit %%tthltt a ,11,1.1tu•e 4 .X) rcul, fr„trt the phare at which tho
s I--, ,cei� .te.•I.t. r,,.,,;. f,t h11gh,kas, it tih;111 licit lx- necv%.ury that
r11. 1.,•€I 1u - rissl, ,.t th•l5111-0It-. ,lir ,tr,•rt, Of .11t N IIititle tie• &?tltldt-d, tttltiI
1iint - .alid fr„ttl .ticti Iit -outs &t the• Itwo?iuofi%v lir-gin" an tit tinterniptcd
seu � .'111,•114 t,l .11ld ,wri>,• t11e• pth.lcv ;tt whit -ht tll,• railroad ct( m—% the strt-vt,
rc>_ui, or hri hwal, .itiv railroad corporation violaling thie section stall he-
sllht)trt to a penalty of one htindre d dollars ($100) for every violation. The
penalty may be recovered d in an action prosecuted by the district attorney
of the proper mint) . for the use of the State. The corporation is also liable
for all damages sustained by any person, and caused by its ktconxitives,
train. or ears, when the provisions of this section are not complied with.
t 1Stats. 1cAl , Cit. 764, 1). 2194. Sec. 7fWM. Amended 1W. Clea. 75, p. W-3-1
Article 7 ()veration
7Pi,Vt No city or count) or ctty :incl county ordinance which establish:•.
a 11171it net the .ph -ed of psavienge•r t rains shall he valid ttnlersss that ordinance
h.1,.i, is ull .1}'t•�<'�e'il 171 tilt. e',.11Et1tl•.,1a1t1 I.Ntl1• ll,'ih 1977, Ch 425.)
The Honorable
United States
Washington, D.
S. 1. Hayakawa
Senate
C. 20510
Dear Senator yaskawa:
M
QO see, sa� 90,
wasnmgsw, D.G_ 205
FED 13 3
S>;14FUfI S. f. HAYAKAIV;j
FES 19 f ��
5.x,1 F'RAI:— '� " u t
CALIF �4�1
Your correspondences of January 17, 1981, to the Interstate Commerce
Ccwamisaion has been referred to my office for reply. Your constituent,
Mr. Lawrence A. Wilson, was concerned about the noise level of locomotive
borne from trains operating near his residence.
The Federal Railroad Administration (p'ItA) has the, responsibility for
promulgation and enforcement of regulations affecting the safety of
the public, as well as railroad employees and passengers who ride on.
trains. The Federal regula3t:ionsi concerning the locomotive whistle or
morn require only that each locomotive shall be provided with a suitable
wbistle, or Its equivalent, arranged so that it may be conveniently
operated by the engineer or motorman from his position in the cab. There
Is no Federal requiremcnt on the actual sounding of the horn or whistle.
es concern ng the app ca y, wi aid and time duration of tho actual,
sounding of the locomotive whistle or horn are issued, administered, and
enforced by either the state Public utilities Commissions or the operating
railroad oompanies.
The Federal government's noise control program was established in 1972
with the passage of the Noise Control Act, P.L. 92--574. That Act recognized
that the primary responsibility for noise control rests with state and local
governments. Avera in certain instances, Federal action would be
necessary to control, noise sources in commerce, the control of which
requires national uniformity to avoid imposing undue burdens on interstate
commaroe. Section 17 of the loot specifically identifies railroad -generated
noise as one *of those areas requiring federal action. The Environmental
Protection Agency (EPA) is designated as the Federal agency responsible
for the issuance of noise emission standards. The FM has been designate.l
ar the agency which will insure railroad industry compliance with the EPA
wise standards.
% understand your constituents' concern over the extent and use of railroad
warning devices operating near their residences. Xn determining the sources
of railroad mise which are in need of national regulation, the EPA concluded
that comprehensive and truly effective Federal regulation would be overly
cumbersome. state' and local authorities are better able to evaluate the
0 {'°
4.�
CITY COUNCIL HENRY A. GLAVES, )r.
City Mat4wr
WALTER KATNICH, Mayos
JAMES A. NkCARTY, Mayos im lem
RICHARD 1. HUGHIS CITY HALL, 221 WEST PINE STREET
ROBERT G. MURPHY
$AMES W. PtNKLRTON, if.
LOL7l, CA1 iFURPIIA 45240
(209) 334-5634
March 24, 1981
Mr. Lawrence A. Wilson
325 Daisy Avenue
Lodi, CA 95240
Dear Mr. Wilson:
ALICE M. RUMCHE
city Cie'k
RONALD M. STEIN
City Attorney
Please be advised that your request for the assistance
of the Lodi City Council in diminishing the noise level
of locomotive horns from trains operating near your
residence was presented to the Council at its regular
meeting of March 18, 1981.
Council was apprised that Staff has requested copies
of ordinances that have been passed by the cities of
Placentia and Anaheim dealing with this problem. A
report will be made to Council once this information
has been received. you will be apprised as to when
this information has been received and will be presented
to Council.
Gould you have any questions, please do not hesitate to
call.
Very truly yours,
Alice M. Reimche
City Clerk
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