STATE OF ILLINOIS
ILLINOIS COMMERCE COMMISSION
City of DeKalb, Illinois, by Frank Van Buer, Mayor Petitioner,
V.
The Union Pacific Railroad Company and State of Illinois, : Department of Transportation, Respondents.
Petition seeking an order from the Illinois Commerce Commission authorizing the installation of approved Federal Railroad : T04-0085 Administration (FRA) safety measures at specific grade crossings in DeKalb, Illinois that will allow the Federal Railroad Administration to sanction a Train Horn Noise Mitigation Zone that silences Union Pacific Railroad (UPRR) locomotive horns within the City of DeKalb (City). Said Petition also requests that maintenance of the FRA safety measures consisting of train activated Wayside Horns be performed by the UPRR at the expense of the City. Said Petition also requests that maintenance of the FRA safety measures consisting of flashing light signals and crossing gates at Sixth Street be performed by the UPRR at the expense of the UPRR. Said Petition also requests that pedestrian gates be installed and maintained by the UPRR at UPRR expense at grade crossings in DeKalb where they are needed and missing. Said Petition also requests that Illinois Department of Transportation (IDOT) permits the mounting of Wayside Horn equipment upon poles owned by IDOT at the State Route 23 & 38 Grade Crossing.
ORDER
By the Commission:
On December 16, 2004, Petitioner City of DeKalb, Illinois (“City”), by Greg Sparrow, its mayor, filed a petition in this proceeding with the Illinois Commerce Commission (“Commission”) to reduce the train noise of Respondent Union Pacific Railroad (“Railroad”) locomotive horns within the City, and to compensate for this reduction by installing a wayside horn system and other supplemental railroad warning and safety devices.
The Commission has the authority to permit or require the installation of devices, construction, and equipment to preserve or promote the safety or convenience of the T04-0085 public or of the employees or passengers of such rail carriers. The Commission also may prescribe the division of the cost of the installation and subsequent maintenance of such devices among the parties in interest. 625 ILCS 5/18~-7401(3)(5‘~para.); 625 ILCS 5/18c-1202; and 92 111. Adm. Code 1535.60 and 1535.400a. The goal of the wayside horn system is to reduce train horn noise without compromising the safety of the public. See 625 ILCS 5/18c-7402.l(a) and (b).
The only previous implementation of a wayside horn system in Illinois is a Mundelein demonstration pilot project, authorized in accordance with the Illinois Commercial Transportation Law. 625 ILCS 5/18c-7402.1.
The Petition focuses on a rail corridor measuring approximately seven-tenths of a mile, from First through Tenth streets, in DeKalb. If the Petition were granted, a wayside horn system would be installed at First, Fourth, Seventh, and Tenth streets. A wayside horn system is a stationary alarm mounted on a pole at a crossing, and is activated by the railroad crossing warning system. A wayside horn emits an audible alarm directed toward motorists and pedestrians at the crossing; this is in contrast to a locomotive horn, which sounds not only at the crossing, but through the entire area along the railroad tracks approaching and leaving the crossing. The alarm of a wayside horn system is louder and longer than a locomotive horn at the crossing, but greatly reduces the amount of train noise near rail corridors.
The railroad crossing warning system would activate both the wayside horn and two visual wayside horn confirmation signals for railroad engineers. If the engineers observe the two signals, which confirm the wayside horn system is operating properly, they would not sound locomotive horns when approaching railroad grade crossings at First, Fourth, Seventh, and Tenth streets, unless they detect some type of emergency warranting the locomotive horns. Locomotive horns would continue to sound at the Second and Third street crossings, both one-way streets, which would not be protected by the wayside horns.
The City seeks to silence locomotive horns at Second and Third streets in a separate but related federal proceeding. The City is pursuing federal designation of the area in the vicinity of the railway line extending from the First Street crossing through the Tenth Street crossing as a “quiet zone.” Under U.S. Department of Transportation Federal Railroad Administration (“FRA”) regulations, a quiet zone is the area in the vicinity of at least a one-half mile expanse of a railway line in which train horns are permitted not to sound, with few exceptions. 49 CFR Parts 222 and 229. FRA approval of the City’s application for quiet zone designation would direct railroad engineers not to sound locomotive horns when approaching railroad grade crossings at Second and Third streets. The combination of the wayside horn system requested in this Petition and the federal quiet zone designation would result in train horns being silenced from First through Tenth streets.
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Procedural History
On July 26, 2005, a Commission Administrative Law Judge (“ALJ”) granted the City’s Motion for Leave to File an Amended Petition. The Amended Petition seeks an Order that would require the installation of a wayside horn system at grade crossings at First, Fourth, Seventh, and Tenth streets in the City. The Amended Petition requests Illinois Department of Transportation (“IDOT) be required to permit the mounting of wayside horn system equipment on poles owned by IDOT at the Fourth Street crossing, which is located at the intersection of Fourth Street and Lincoln, Illinois State Routes 23 and 38, in the City, The Amended Petition calls for the City to be solely responsible for the cost of the wayside horn systems and their installation and maintenance. The Amended Petition would require the Railroad to be responsible for the cost of maintaining flashing light signals and new vehicular crossing gates at Sixth Street, and for the cost of pedestrian gates at the Fourth Street crossing and Sixth Street crossing, and their installation and maintenance. As an additional safety measure, the Amended Petition proposes to reconfigure the City’s Sixth Street, which intersects the railroad, from a two-way to a one-way northbound street.
On December 1, 2005, a City employee filed notice that Frank Van Buer was elected Mayor of the City in April 2005. Proposed Orders filed by the City, the Railroad, and Commission Staff incorporated the change in the identity of the Mayor as Petitioner. On January 9, 2006, the Administrative Law Judge treated the notice as an uncontested Motion by the City to Amend the caption of this proceeding to reflect the change, and granted the Motion.
Pursuant to notice given in accordance with the law and the rules and regulations of the Commission, this matter came on for hearing before the ALJ on July 26, 2005, at the Commission’s offices in Chicago, Illinois. The City and the Railroad each were represented by counsel. IDOT entered an appearance, but did not appear at the hearing. A member of Commission Staff, a Rail Safety Specialist in the Commission’s Transportation Bureau, also appeared and participated in the hearing. On January 10, 2006, the record was marked “Heard and Taken.”
Witnesses testifying at the hearing in this proceeding on behalf of the City were City Manager Mark Biernacki; City Engineer Joel Maurer; and John Redden, a civil engineer representing Hanson-Wilson, Inc., an engineering firm retained by the City. The Railroad presented the testimony of Gary Wilwerding, Manager of Industry and Public Projects in the Railroad’s engineering department.
The City filed a Proposed Order on September 19, 2005. The Railroad filed a response on September 28, 2005. Commission Staff filed a Proposed Order on October 18, 2005. The City filed a revised Proposed Order on October 31, 2005. Commission Staff filed a revised Proposed Order on November 22, 2005.
On April 19, 2006, a diagnostic review was conducted at each of the affected crossings by representatives of the City; Railroad; IDOT; US. Federal Railroad
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Administration; Staff; and Railroad Controls Limited, a manufacturer and supplier of wayside horn systems. The diagnostic review was conducted at the request of Staff and in compliance with FRA quiet zone regulations. On May 26, 2006, the parties and Staff filed an agreed Proposed Order.
Petitioner City’s Evidence and Requests
City Manager Mark Biernacki testified Union Pacific Railroad Company owns seven at-grade crossings in the City. The Railroad’s double main-line tracks extend in an east- west direction through the City. Biernacki testified the majority of the crossings are less than a quarter-mile from their adjacent crossings. Because of the proximity of the crossings, trains blow their horns continuously through the City. There are approximately eighty train movements through the city on the Railroad’s tracks. Train speeds vary from very slow to seventy miles per hour. Slower-moving trains sound their horns for a longer period of time as they pass through the City. The required horn- blowing amounts to a cumulative total of two hours per day. The train horns disrupt the City’s business district and residential areas. According to the 2004 special census, the City’s population is 42,579, including 16,000 to 17,000 resident Northern Illinois University students. The university, which also is located in the City, draws an additional 8,000 to 9,000 students to the community during the academic year.
Biernacki estimated the cost of the wayside horn systems and the Fourth Street pedestrian gate as approximately six hundred thousand dollars, which he stated the City Council has committed the City to pay.
City Engineer Joel Maurer testified the improvements the City seeks affect seven crossings in the City’s downtown district. The seven crossings span a distance of only about seven-tenths of a mile. All four crossings in the City that would be subject to the wayside horn system are presently equipped with automatic flashing light signals and gates, as required by the quiet-zone criteria of the U.S. Department of Transportation’s Federal Highway Administration (“FHWA). At the Fourth Street crossing, the Railroad’s tracks angle through the intersection of Routes 23 and 38. Traffic signals are interconnected with the train control signals at this intersection. The angle at which the tracks approach this intersection creates a loss of visibility for pedestrians of trains approaching from the west. A pedestrian gate installed on the northbound approach on the west side of the Fourth Street grade crossing would give advance notice to pedestrians of trains approaching from the west.
Maurer said Second and Third streets are one-way streets and the crossings at those streets would not undergo any changes. With the installation of an automatic flashing light signal and vehicular gate in the southwest quadrant of the Sixth Street crossing, quadrant gates would block the entire street. Sixth Street would be re-routed as a one-way northbound street, and a median would be installed. The City also requested the installation of pedestrian gates on the southbound approach on the west side of the Sixth Street crossing, and pedestrian gates at the Fourth Street crossing.
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John Redden, the civil engineer of the Kansas City, Missouri, office of Hanson- Wilson, Inc., testified he studied alternatives to a wayside horn system, such as installing a gate at each crossing quadrant; a video detection and ticketing enforcement system; and raised medians at the crossings, which would prevent vehicles from driving around the standard mounted gates when the gates are down. Redden said he recommended automatic horn systems to the City as the most cost-effective and beneficial method of achieving its goals of reducing the noise from train horns and keeping the traveling public safe.
Redden testified that the experience of Mundelein, Illinois, and five communities in Nebraska, Kansas, and Iowa with the wayside horn system was generally satisfactory.
The Amended Petition requested the Railroad be required to be responsible for the costs of maintaining the Sixth Street pedestrian gates as it is for all other pedestrian gates in the City, The Amended Petition called for the project to be completed within one year.
Respondent Railroad’s Response
Gary Wilwerding testified that, as Manager of Industry and Public Projects in the Railroad’s engineering department, he is responsible for public projects at the Railroad’s crossings in the City. Wilwerding does not have an engineering degree or license, but in his 31 years with the Railroad has experience as a draftsman in clearance engineering, clearing high and wide loads; a methods and research manager, testing new equipment on railroad tracks; a road master, manager of track maintenance in Nebraska and Iowa; and a specialist designing computer systems.
According to Railroad records, Wilwerding said, from September 2000 to October 2003, there was one vehicle-train collision at the First Street crossing and three vehicle or pedestrian accidents at the Fourth Street crossing. The records report one incident at the Sixth Street crossing in which a motorist drove through or around the crossing gates but avoided colliding with an oncoming train.
The Railroad would require the City to sign an agreement conditioning its right of entry onto Railroad property to install the wayside horn systems, and requiring it to obtain railroad protective insurance.
The wayside horn systems and additional safety measures proposed by the City would require the Railroad to perform the designing and testing of necessary circuitry for the horns. The Railroad does not support the City’s plan to install a pedestrian gate on the north side of the Sixth Street crossing. Removing a vehicular crossing gate from the north side of this crossing and installing one on the south side would require the Railroad to design and test the new gate’s circuitry.
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The Railroad contends installation and maintenance of the wayside horn systems and confirmation signals should be the responsibility of the City. Trees and other light signals in the southeast quadrant of the Fourth Street crossing might be an impediment to a train engineer's visibility of confirmation signals for westbound trains.
In its response to the City's Proposed Order, the Railroad noted the wayside horn systems would be the property of the City, and not part of the Railroad's grade crossing signal system.
The Railroad requested the City be required to be responsible for the costs of maintaining the new Sixth Street pedestrian gates. The Railroad requested the Commission order a design and construction deadline of sixteen months.
Illinois Department of Transportation Evidence and Position
Respondent Illinois Department of Transportation ("IDOT") filed an appearance, but did not appear at the hearing. The City moved into evidence a copy of a letter from IDOT consenting to the City mounting wayside horn system equipment upon poles owned by IDOT at the Fourth Street grade crossing, in accordance with a license or permit agreement. Petitioner's Exhibit 8.
Commission Staff Response and Recommendations
Staffs initial Proposed Order had no objection to the City's requests, which it summarized as installing wayside horn systems at the First, Fourth, Seventh, and Tenth street grade crossings in the City; reconfiguring the Sixth Street grade crossing to permit one-way traffic northbound; full-closure traffic gates; and pedestrian gates on the northbound approach on the west side of the Fourth Street crossing, and on the southbound approach on the west side of the Sixth Street grade crossing.
Staff agreed with the Railroad that the City should keep decorative trees in the northeast quadrant at the Fourth Street crossing trimmed at the City's expense, so they do not obstruct motorists' view of approaching trains, and that the City should bear the cost of installing and maintaining the proposed wayside horn systems and new pedestrian gates at the Sixth Street crossing.
Staff agreed with the Railroad that the City should be responsible for maintaining the new Sixth Street pedestrian gates. Staff also agreed with the Railroad's proposed completion deadline of sixteen months.
Staff recommended, in addition, that Staff and representatives of the parties and the wayside horn system contractor meet to determine the proper placement of the wayside horn system poles and to ensure the correct and most effective use of the system, and, after the wayside horn system is installed but prior to being activated. Staff recommended the Commission require the person maintaining the wayside horn system for the City be trained in railroad signal maintenance. Finally, Staff recommended, if the
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Commission granted the Petition, it should retain authority to require the City to remove the wayside horn systems at any or all of the affected grade crossings if public safety required.
Commission Analysis and Conclusions
The Commission has jurisdiction over the City’s Petition for installation of a wayside horn system and other railroad warning and safety measures. 625 ILCS 5/18c- 7401(3)(5‘h para.); 625 ILCS 5/18c-1202; and 92 111. Adm. Code 1535.60 and 1535.400a. The Commission’s authority to permit or require the installation of devices, construction, and equipment for railroad safety is not precluded by the US. Federal Railroad Administration’s quiet zone designation which the City is pursuing independently of this proceeding. 49 CFR 222.7(e) (federal quiet zone regulation “does not constitute federal preemption of administrative procedures required under state law regarding the modification or installation of engineering improvements at highway-rail grade crossings”).
Initially, wayside horn systems were under the jurisdiction of the U.S. Federal Railroad Administration, and were approved for use in an interim final rule issued on December 18, 2003. When federal regulators determined that wayside horn systems should be categorized as traffic, not train, control devices, jurisdiction over wayside horn systems was transferred to the US. Department of Transportation’s Federal Highway Administration (“FHWA). Under regulations effective June 24, 2005, the FHWA authorizes use of wayside horn systems as a replacement for routine locomotive horn use under the following conditions:
(1) The wayside horn system may be installed in accordance with Part 222 of Title 49 of the Code of Federal Regulations to provide audible warning at highway-rail grade crossings equipped with active traffic control devices, consisting of, at a minimum, flashing lights and gates.
Option: The wayside horn system for use at active highway-rail grade crossings shall conform to the requirements for wayside horn systems prescribed in 49 CFR 222, Appendix E.
Standard: As a minimum, the wayside horn system shall be installed on each roadway approach to the highway-rail grade crossing to provide audible warning.
Guidance: A diagnostic review should be conducted by a diagnostic team to determine the optimal placement of the wayside horn system and to ensure the correct and most effective use of the system. The diagnostic team should be composed of railroad personnel, public safety or law enforcement personnel, engineering personnel from the public agency with the responsibility for the roadway that crosses the railroad, and other concerned parties.
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The highway agency or authority with jurisdiction should consider the inclusion of remote monitoring capable of automatically notifying maintenance personnel when anomalies have occurred within the system.
The wayside horn system should comply with the same lateral clearances and roadside safety features described in FHWAs Manual on Uniform Traffic Control Devices, Section 8d.01. When a wayside horn is mounted on a separate pole assembly, it should be installed no closer than 4.6 m (15 ft.) from the centerline of the nearest track. In addition, a wayside horn should be located where the device will have optimal results, and not obstruct motorists’ line of sight to the flashing-light signals.
The parties and Staff agree to the following measures: (1) installing a wayside horn system at grade crossings at the City’s First, Fourth, Seventh, and Tenth streets; (2) mounting wayside horn system equipment on poles owned by the Illinois Department of Transportation at the Fourth Street crossing; (3) imposing the responsibility for the cost of the wayside horn system and the Fourth and Sixth street crossing pedestrian gates and their installation and maintenance on the City; (4) imposing the responsibility for the cost of flashing light signals and vehicular crossing gates at the Sixth Street crossing, and their installation and maintenance, on the Railroad; (5) reconfiguring Sixth Street from a two-way to a one-way northbound street; and (6) completing the design and construction of the project within one year of the date of this Order. We conclude these requests should be granted as reasonable railroad warning and safety measures.
The Commission, after considering the entire record, finds that:
the recitals of fact in the prefatory portion of this Order are supported by the record and are hereby adopted as findings of fact;
Petitioner City of DeKalb, Illinois, is a political subdivision organized and existing in accordance with the laws of the State of Illinois;
Respondent Union Pacific Railroad Company (“Railroad”) is a rail carrier engaged in the transportation of persons and property by rail in Illinois;
Respondent State of Illinois Department of Transportation (“IDOT) is a state governmental entity and public highway authority organized and existing in accordance with the laws of the state of Illinois;
The Petitioner has filed an Amended Petition for an Order authorizing it to install a wayside horn system and other at-grade crossing warning and safety measures at several of the Railroad’s at-grade crossings in DeKalb, Illinois, and providing for payment for and maintenance of these measures;
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(6) the Commission has jurisdiction over the parties and the subject-matter of this proceeding;
(7) a wayside horn system and other railroad crossing warning and safety measures authorized below in response to the Petition are necessary to preserve and promote the safety and convenience of the public, in accordance with the Illinois Commercial Transportation Law, 625 ILCS 5/18~-7401(3)(5‘~para.); 625 ILCS 5/18c-1202; and 92 Ill. Adm. Code 1535.60 and 1535.400a;
a wayside horn system, including all necessary railroad circuitry modifications, integration, and interconnect wiring, should be installed at the First Street, Fourth Street, Seventh Street and Tenth Street grade crossings in DeKalb, in accordance with applicable US. Department of Transportation Federal Highway Administration regulations;
(9) the wayside horn system should be considered traffic control devices owned and controlled solely by the Petitioner, independent of the Railroad’s railroad control and warning devices;
it is reasonable to require the Petitioner be solely responsible for the reasonable cost of the wayside horn system and its maintenance;
IDOT should allow the wayside horn system to be installed on its traffic signals at the intersection of Illinois Route 38 and Illinois Route 23 for the Fourth Street crossing;
at the Petitioner’s expense, Sixth Street should be reconfigured from two- way to one-way traffic northbound, with the warning devices modified to allow for northbound gates on both sides of the street that would descend to the center of the roadway, with the gate tips no more that two feet apart in the down position;
at the Petitioner’s expense, pedestrian gates should be installed and maintained on the west side of Sixth Street, and on the northbound approach, west side of the Fourth Street crossing;
at the Petitioner’s expense, approximately fifty feet of fencing four feet in height should be installed and maintained on the Railroad’s right-of-way between the McDonald’s property and Moudy Park at the northeast quadrant of the State Route 23 and State Route 38 intersection (southeast quadrant of the Fourth Street grade crossing);
before the Petitioner or any of its agents or employees may enter upon the Railroad’s property regarding this proceeding, the Petitioner and the Railroad should enter into a reasonable right-of-entry agreement regarding
9 T04-0085 the location, installation, maintenance, repairs, and any related activities of the wayside horn system described in Finding (8), and the fencing described in Finding (14); the Railroad should charge the Petitioner only one reasonable fee for this agreement; at the Petitioner’s expense, the Petitioner should keep the decorative trees in the southeast quadrant at the Fourth Street crossing trimmed so the trees do not obstruct motorists’ ability to see approaching trains; the Petitioner should be required to have its agent or employee responsible for the maintenance of the wayside horn system to be trained, effective thirty days before the date of activation of the wayside horn system, in railroad signal maintenance, including basic railroad warning device operation, train operations through the corridor, and safety procedures, as they relate to the wayside horn system; at least thirty days prior to the date of activation of the wayside horn system, authorized representatives of Commission Staff and each party to this action should meet and conduct a joint inspection of each of the four affected crossings to ensure visibility of the confirmation to the Railroad’s signal train crew, other sight distance concerns, and overall operational readiness of the system; this meeting should include representatives from the Petitioner, its contractor, Commission Staff, Union Pacific Railroad (signal and operations departments), and the entity responsible for maintenance of the wayside horn system; the Petitioner should file with the office of the Director of Processing and Information, in the Commission’s Transportation Bureau (“Director of Processing”) notice of the completion of the work required of it by this Order, within five days of the completion of the work. within fifteen days after the Petitioner has filed notice of completion as required under Finding (19), Commission Staff should arrange the date and time of a second meeting, when final review, approval, and the activation of the wayside horn system would occur; all work required under this Order should be completed within one year from the date of this Order; within thirty days of the date of this Order, each of the parties should file with the Director of Processing the name, title, mailing address, telephone number, and facsimile number of their project managers; within forty-five days from the date of this Order, the Petitioner and its wayside horn system contractor should, furnish to IDOT for its reasonable approval two copies of the general layout plan applying to the installation
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of the wayside horn system at the Fourth Street grade crossing; the plan should consist of a portion of the drawings attached to the amended petition and those admitted as Petitioner's Exhibits 3 and 7 at the hearing on this matter; installation of the wayside horn system should be made substantially in the manner and at the location set forth in the plans;
(24) within thirty days of receipt of the Fourth Street grade crossing plan, IDOT should file with the Director of Processing a statement of whether it approves the plan; the Commission shall rely on this statement when considering the applications required to be filed by this Order, in accordance with Form 3 of 92 111. Adm. Code 1535;
(25) the Petitioner and its wayside horn system contractor should file a Form 3 of 92 111. Adm. Code 1535 for each of the crossings where the system is to be installed, showing details of the Wayside Horn System, and should receive approval of the form by X-Resolution or Commission Staff verbal approval before commencing the installation;
(26) the Petitioner and the Railroad should give written notice to the Director of Processing of the date the wayside horn system is placed in service at each of the affected crossings, within five days of the date each system is placed in service.
(27) no later than thirty days before the wayside horn system is activated, the Railroad should issue a bulletin to its train crews instructing them how to use the wayside horn system at the four affected crossings; instructing them to silence routine train horn warnings when the wayside horn system's confirmation signal is visible; and informing them of the U.S. Department of Transportation's Federal Rail Administration and the Federal Highway Administration when train horns should be sounded;
(28) within ninety days of the date of this Order, the Railroad should submit a detailed estimate of cost to the Petitioner for the wayside horn system and modifications and improvements to the warning devices at the Fourth and Sixth street crossings;
(29) within five days of the completion of the work required of it by this Order, the Railroad should submit to the Director of Processing a U.S. Department of Transportation Inventory Form #6180.71 for each crossing it has been required to performed improvements, as notice of completion;
(30) If the Petitioner deems the estimates for the work authorized by this Order are too costly for the Petitioner to pay its share of the cost, it should have fifteen days after the date of the final requested estimate to notify the Director of Processing of its intent to cancel the project by filing a petition to vacate this Order;
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(31) the Petitioner should, at three-month intervals from the date of this Order, until the project has been completed, submit written reports to the Director of Processing describing the progress that has been made toward completing the project. If the project is behind schedule, the report shall include a brief explanation of the reason for the delay; each progress report shall include the Commission Order number; the date the Order was entered; the deadline for completion of the project established by the Order; the type of improvement; and project manager information (name, title, mailing address, telephone number, and facsimile number) of the employee responsible for the management of the project.
IT IS THEREFORE ORDERED by the Illinois Commerce Commission that the Petition of the City of DeKalb, Illinois (“Petitioner“), for authorization to install a wayside horn system in Respondent Union Pacific Railroad Company’s right-of-way at the at- grade crossings at First Street, Fourth Street, Seventh Street and Tenth Street in DeKalb, and on the traffic signals of Respondent Illinois Department of Transportation at the Fourth Street grade crossing; and to complete and maintain the other warning and safety improvements and modifications in Findings (7), (8),(12) through (14), and (16), is granted, in accordance with Findings (9) through (II), (13), (15), and (17) through (31).
IT IS FURTHER ORDERED that Respondents Union Pacific Railroad Company (“Railroad”) and Illinois Department of Transportation (“IDOT) shall cooperate with the Petitioner as required to comply with the first ordering paragraph.
IT IS FURTHER ORDERED that the Commission may require the removal of the wayside horn systems at any or all of the four affected crossings at the Petitioner’s expense at any time, if the Commission determines the safety or convenience of the public or of the employees or passengers of the Railroad requires.
IT IS FURTHER ORDERED that any party or Commission Staff (“party”) making a request for extension of time up to thirty days to complete a project ordered by the Commission shall file the request with the office of the Director of Processing and Information in the Commission’s Transportation Bureau (“Director of Processing”), no later than fourteen days in advance of the scheduled deadline. An Administrative Law Judge shall consider and decide the request.
IT IS FURTHER ORDERED that any party requesting an extension of time which exceeds thirty days shall file a Petition for Supplemental Order with the Director of Processing no later than twenty-one days in advance of the scheduled deadline. The Commission shall decide Petitions for Supplemental Orders.
IT IS FURTHER ORDERED that requests for extensions of time and Petitions for Supplemental Orders shall include the reason the additional time is needed to complete the work and the time within which the project is proposed to be completed. Prior to
12 T04-0085 submitting a request for extension or a Petition for Supplemental Order, the party shall notify the Commission’s Rail Safety Program Administrator that it is unable to complete the project by the ordered deadline.
IT IS FURTHER ORDERED that this is a final Order, in accordance with the Illinois Commercial Transportation Law, Chapter 625 of Illinois Compiled Statutes, Sections 5/18c-2201 through 5/18c-2206, and the Illinois Administrative Review Law, 735 ILCS Section 5/3-101 et seq.
By Order of the Commission this 28th day of June 2006.
Chairman
ORDERS SUPERVISOR
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