Brunswick Town Council Workshop with Rail Officials Town Council Chambers, Brunswick Town Hall Monday, October 30, 2017, 7:00-9:00 PM

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1 Brunswick Town Council Workshop with Rail Officials Town Council Chambers, Brunswick Town Hall Monday, October 30, 2017, 7:00-9:00 PM AGENDA Noise from Train Operations Objectives: Identify existing safety regulations and practices that involve use of train horns, bells and whistles at railroad crossings and within the Brunswick rail yard and on the adjacent wye Identify measures to reduce their use: quiet zones at crossings and other means Identify measures to reduce noise from other train operations Define next steps with timeline 7:00 Welcome and introductions 7:05 Presentation of constituent concerns by the Town Manager 7:15 Presentation on safety regulations and operations by Rail Officials followed by clarification questions from Councilors. 1. At railroad crossings 2. In the rail yard and on the adjacent wye Clarifying questions from Councilors 7:45 Discussion of measures implemented in other communities to reduce train noise and potential for replicating in Brunswick, as well as potential measures that would be unique to Brunswick 8:40 Define next steps 1. Continuing activities by parties at the workshop 2. Timeline for implementation and/or reports 9:00 Adjourn No Footnotes Train Noise REV. Workshop Agenda-DRAFT #

2 Town Council Workshop with Rail Officials List of Expected Participants Patricia Quinn NNEPRA M. William Hollister Amtrak Cyndi Scarano Pan Am Ryan Ratledge Central Maine & Quebec Railway Norma Jean Griffiths Federal Railroad Administration Jim Healey Federal Railroad Administration Nate Moulton Maine Department of Transportation Brian Reeves Maine Department of Transportation Randy Dunton Gorrill-Palmer John Eldridge Town Manager Charles Frizzle Facilitator David Watson Councilor, District 1 Steve Walker Councilor, District 2 Suzan Wilson Councilor, District 3 John Perreault Councilor, District 4 Dan Harris Councilor, District 5 Jane Millett Councilor, District 6 Sarah Brayman Councilor, District 7 Alison Harris Council Chair, At Large Kathy E. Wilson Councilor At Large

3 Zoning (General Questions) Town Council Workshop with Rail Officials Questions on Noise and Operations October 30, :00 PM Doesn t the Town have a noise ordinance? Doesn t it apply to train horns? If no, why not? Does it apply to other activities at the MLF? Horn Sounding at Crossings What are the requirements for sounding the horn at crossings? There are lights and gates at the crossings, so why are the horns necessary? What purpose does the horn serve? Who establishes the requirements for sounding the horns at crossings? Are there any exceptions? Are there nighttime exceptions? The FRA rule appears to require a horn-sounding pattern of two long, one short, one long. Is there any definition of long? What penalties and/or liabilities are there for engineers who do not sound the horn as required? According to FRA literature, one of the FRA exceptions to sounding the horn is, If a train stops in close proximity to a crossing, the horn does not have to be sounded when the train begins to move again. What does close proximity mean? Wouldn t this apply to Union Street? Horn Sounding at Sidings What are the horn sounding requirements, if any, when passing the MLF or when passing trains on the siding? Who sets that requirement? What is the requirement i.e., adjacent track, etc.? According to FRA literature, Under federal regulations, engineers must sound the horn to warn railroad maintenance employees or contractors working on the tracks. Is there a specified distance from the main track or is it the engineer s discretion? Horn Sounding in the Rail Yard What are the requirements for sounding horns as trains move about the yard? Who establishes the requirements for sounding of the horns in the yard? (FRA, Railroads, OSHA, Other) Who requires that the horns be tested in the yard? What is the test? How often must they be tested? Horn Requirements What are the horn requirements (i.e. decibels and distance)? How are the horns sounded? Is it a mechanical process (i.e lever, button, pull cord)? Some engineers sound the horn for what seems like shorter durations and lower volumes. How much duration and volume control does the engineer have? Page 1 of 4

4 How much variation is there in the sound and volume for the different engines? Are the horns tested for compliance with volume specifications? Can the horns be upgraded to provide directional control? In other words, can the horn be directed more narrowly toward ahead of the train as opposed to wide area it appears to cover? Bell Requirements What are the requirements for sounding the bells? If the bells sound all the time, then why do you need to sound the horn? May the bells be used in the train yard in lieu of the horns? Quiet Zones (QZs) What are Quiet Zones? Who regulates the establishment of Quiet Zones (i.e. FRA) and under what authority? In other words, is this an FRA rule, established pursuant to a law? How long does it take to apply for and obtain Quiet Zones? Do Quiet Zones apply to all train activities in the zone, or only the sounding of horns at rail crossings? What areas of town are covered by the Quiet Zones? Who determines what crossings are included in Quiet Zones? According to FRA literature, Communities have the option to establish partial quiet zones restricting locomotive horn sounding during overnight hour s between10:00 P.M. to 7:00 A.M. What are the requirements for partial quiet zones? According to FRA literature, As an alternative to quiet zones, communities may also choose to silence locomotive horns through the installation of wayside horns at each crossing (train-activated stationary acoustical devices directed at highway traffic), as a one for one substitute for train horns. Can wayside horns be implemented in Brunswick? Who would pay to install and maintain this equipment? How long are Quiet Zones good for? If they are required to be renewed, what is the process to renew them? In other words, are the renewal requirements the same as the requirements for establishing them? If a Quiet Zone is established and then there is an accident at a crossing who is liable? Does the FRA review the accidents and are Quiet Zones suspended in the meantime? What did other towns do to establish Quiet Zones? Is there something different about Brunswick because of the MLF and rail yard? What discretion do the railroads have in obeying Quiet Zones? What discretion do the engineers have in obeying Quiet Zones? If a railroad or engineer ignores a properly established Quiet Zone, who enforces the zone restrictions? How are Quiet Zones signed at rail crossings? How are they signed on the tracks? What is the Nationwide Significant Risk Threshold (NSRT) and what does it mean? What are supplemental safety measures (SSMs)? Can you provide examples? How much do SSMs cost? Who installs and maintains them? What are quad gates? Who pays to install and maintain them? In other words, if MDOT owns the track, is it responsible to install them? Is it true that railroads do not like these because of the costs to install and maintain them? Page 2 of 4

5 If quad gates are not feasible or desirable, can t the existing arms be extended to provide additional protection against drivers weaving through the gates? Didn t the Town briefly establish Quiet Zones for Union and Stanwood streets in 2013? Why were the objections to those zones? Why are horns sounded at Union Street? The train is hardly moving. When leaving the station it is often across Union Street by the time it finishes sounding the horn. Would the speed of the train at this location factor into whether or not SSMs would or should be required? Are railroads generally opposed Quiet Zones? What about public safety agencies (i.e. Police, Fire)? Are there any fees related to the application, review or renewal of Quiet Zones? Operation of the Maintenance and Layover Facility (MLF) Why doesn t the train use both entrances to the MLF? It would reduce the crossings at Church Road which would reduce amount of times the horns are sounded. Must the operations of the MFL comply with Brunswick s Zoning Ordinance, in particular its noise provisions? What is the protocol for the doors at the MLF? When are the doors required to be closed? When are the doors allowed to be open? Who establishes this protocol? Who regulates the lighting requirements at the MLF? What regulations cover other activities at the MLF? Who develops and enforces these regulations? (i.e. Zoning, Amtrak, NNEPRA?) Per the Brunswick Zoning Ordinance, how early may the trash be collected? What can be done if this is violated? Who is responsible, the collector or the building owner? Who enforces this regulation? Do the Brunswick Zoning Ordinance noise provisions apply to the operation of the MLF s HVAC equipment? What are the regulations on idling (i.e. noise and fumes)? Who establishes and enforces those regulations? Why are the trains still idling outdoors? How long does it take to warm up the engines? Why can t engines be warmed up inside the MLF? Train Operations (General Questions) Why do the trains use the wye to turn around? Why does the Downeaster need to turn around? It has an engine or controls at each end of the train Since the wye doesn t have signals, are the engineers required to sound horns if they cross Cedar Street? There are no gates on Cedar Street, how does the train cross it safely? Why did the dome car, that ran from August to September, need to arrive at 3:30 in the morning? Will that also occur in 2018? When will the Royal Junction siding in Yarmouth be complete? Will completion of that siding allow for additional service to/from Brunswick? How will that affect the schedule and activities at the MLF and crossings? On September 21, at approximately 8:50 PM, the train horn sounded excessively for over a minute. What was the cause? Can you tell us what you have done to prevent this for happening again? Page 3 of 4

6 Sound Mitigation Who owns the track between Church Road and Stanwood streets? Have there been any sound studies since the MLF has opened and, if so, what did they indicate? Has there been any investigation of the potential effectiveness of sound mitigation devices or systems, (i.e. sound walls, berms, plantings, etc.), including potential costs? How much would a sound wall, similar to those along a highway, cost? Who would be responsible for constructing a sound wall, berms, or other sound-mitigating devices? MDOT, NNEPRA? Who would maintain them? Additional Citizen Questions (Noise-Related) Before the facility was built, NNEPRA and Amtrak officials told us it was necessary to have the MLF in Brunswick to avoid expensive dead-head trips up here in the morning from Portland (if the facility had stayed there). It appears that there is now an empty train coming up to Brunswick at 2:30 am. Why is that now ok? Why does the engineer on the 2:30 am train blow the horn the entire distance from Church Rd to Union St, which is markedly different from other engineers? Who supervises the 2:30 am engineer? Why doesn t the train pull through the MLF, as planned, rather than backing up and crossing the road, creating more disruptive noise, horn and bells? Why does the train come into town at such a fast speed, making much more noise than in Freeport and Portland? Are there alternatives to multiple horns each time the train enters and exits town? Less frequency, a different pitch or not as loud? Can Brunswick enact something similar to the noise ban in Freeport? Is the train violating the Brunswick Town Noise ordinance? The train horn is not sounded for a standard number of blasts or duration each time. Is that by design or determined by the train operator? Additional Citizen Questions (Non- Noise) The fumes from the train still pollute our neighborhood, making outside activities unbearable on some days and exposing young children to known carcinogens. What steps are you going to take to clean up the exhaust from the MLF and the trains? Are there any regulations reading the lighting at the MLF? If so, what are they and who enforces them? Page 4 of 4

Questions and Comments to Discuss with Staff

Questions and Comments to Discuss with Staff Specific Items in the Draft Revised Noise Code Page 12 1. Noting the definition that Impulsive noise means noise characterized by brief bursts (usually less