4. Discussion

We note at the outset the limited nature of the relief requested in the applications: the elimination of horn soundings in the City (A.03-01-013); the silencing of bells at all crossings in the City (A.03-07-049); and the imposition of a speed limit of 20 mph on Gold Line trains in the City (A.03-01-013; A.03-07-050). We evaluate the settlement in light of these requests and analyze its effectiveness in relation to them.

The settlement addresses a number of elements contributing to operational noise on the Gold Line: bells, horns, wheel squeal, and overall passby noise (the sum of all noise made by the train's travel past the observer). Both the testimony at the LEH and the settlement itself demonstrate that there are many areas in which efforts to reduce noise can and should be made. It is not possible to determine, prior to the implementation of the steps in the settlement, whether the noise issues that prompted these applications will be fully resolved by the measures proposed by the settling parties and the additional measures we impose. As discussed in detail below, these measures will, however, quickly reduce the impact of some of the noise sources of most concern to residents. Until these measures have been implemented, it is premature to conclude that more drastic noise remedies are needed.

4.1 Bells

The settling parties have committed to reducing the noise from the bells at the crossings. South Pasadena is not an area with very loud ambient noise levels, requiring loud bells to cut through the noise to gain the attention of pedestrians and motorists at crossings. Expert witnesses at the LEH agreed that there is no safety reason to maintain the current 85-90 dBA level of the bells, rather than the 75 dBA minimum level required by GO 75-C.

Also contributing to concern about the loudness of the bells is the fact that they sound in a 360-degree area. The Construction Authority has identified bell "shrouds" as a method of reducing the spread of the bell sounds.

The settlement commitments are reasonable steps to reduce noise without compromising safety at the crossings.¹¹ The Construction Authority's agreement to lower the volume of the bells does not, however, include either a target sound level or a deadline for completing the work. We believe that both are necessary. The work to lower the sound of the bells and install the noise shrouds at all crossings in the City should be completed within 60 days of the date of this decision. To ensure effective implementation of the parties' intent to reduce unnecessary noise from the bells, LACMTA and the Construction Authority should install new bells that meet the following criteria:

1. Each bell to be installed sounds at a level of 75-80 dBA when tested in accordance with the standards of the American Railway Engineering and Maintenance of Way Association (AREMA).¹²

2. In addition to meeting the sound level above, each bell to be installed sounds at a level of 76 +/- 1 dBA when tested once in an anechoic chamber at a distance of 10 feet from the face of the bell, after the shroud has been installed on the bell.

The settlement agreement states that the reduction in bell noise and installation of noise shrouds are subject to the approval of both the Commission and LACMTA. We do not understand this to allow LACMTA to veto the measures we are approving, and explicitly state here that the Construction Authority is required to take the steps it has agreed to. The Construction Authority must also notify LACMTA, the City, PAMRC, and Commission staff when they have completed the work on the bells at each crossing, and promptly provide information that will allow all parties to verify that the required noise reductions have been made.

The record also demonstrates that the bells may safely be silenced after the crossing arms descend at the three crossings in the City not previously allowed in Resolution SX-58. The record developed at the PPH shows that housing is common along the Gold Line, even in and near commercial areas. This residential use near the Gold Line makes the bells at all crossings a noise issue for City residents. Both the City's and LACMTA's witnesses at the LEH agreed that the experience with the five crossings covered by Resolution SX-58 demonstrated that the bells could safely be silenced at all crossings after the gate arms had descended. The Construction Authority and LACMTA should make this change at Mission/Meridian and Pasadena Avenue/Monterey Road within 15 days of the date of this decision. For El Centro/Glendon Way, the silencing of bells after the crossing arms descend should be implemented promptly after the installation of the four-quadrant gates, pedestrian gates, and swing gates, to provide the same safety features as at the other crossings prior to silencing the bells.

Based on operating conditions in other parts of LACMTA's system, and systems in other cities, PAMRC hypothesizes that imposing a 20 mph speed limit on Gold Line trains would allow bells (as well as horns) to be completely silenced without compromising safety. This hypothesis was not supported by the testimony at the LEH.

4.2 Horns

These proceedings began with PAMRC's request that LACMTA run Gold Line trains through the City without sounding any type of horn. While the density of at-grade crossings in the City makes the use of the horns conspicuous, that very density also raises important safety issues if horns were not to be used. PAMRC has not shown that the use of horns may safely be eliminated by the imposition of a 20 mph speed limit or by any other changes in Gold Line operations.

During the course of the proceeding, LACMTA began using the quacker horn. In the judgment of LACMTA's staff, this type of horn has the least intrusive sound quality of the available horn options. The settlement agreement includes reference to LACMTA's current practice of using the quacker and sounding it only twice on approaches to crossings. The change to two soundings of the quacker horn was noted by several witnesses as contributing to noise reduction. In view of the importance of horn noise in this proceeding, it is reasonable to conclude that a change in LACMTA's current practice would have an impact on the City and PAMRC. Although we will not impose a new commitment on LACMTA to maintain the current practice, we will require LACMTA to give other parties to this proceeding and Commission staff notice if it intends to change the operational sounding of horns on Gold Line trains in the City. Such notice should be given in addition to the notice to staff required by GO 143-B when operating rules are changed.

The settlement contemplates that the City may request involvement of Commission staff in a study of silencing horns and crossing bells under certain conditions. Our approval of the settlement is not advance approval of this study. Any request for such a study will be evaluated on its merits if and when received.

4.3 Other Noise Reduction Measures

These measures do not directly address the applications' requests for relief with respect to bells, horns, or speed limits. By reducing the overall noise impacts from Gold Line operations, however, they may reduce the perceived need for more radical noise reduction steps that could compromise safety.

Wheel squeal is an annoying sound that is not related to any warning or safety functions. LACMTA has agreed to reduce wheel squeal by installing two new rail lubricators. Since these devices work by releasing lubricant onto the tracks, they will require regular inspection and maintenance to work properly. LACMTA should make maintenance of all the rail lubricators in the City a priority, though we will not impose any particular requirements for maintenance.

The Construction Authority has agreed to provide additional mechanical barriers, including sound walls, clear Plexiglas sound wall extensions, and sound insulation for affected structures identified in the settlement agreement. The Plexiglas extensions, which would be near crossings, are specified to be subject to Commission approval. Our adoption of the settlement does not constitute approval of any particular proposal for installation of sound wall extensions. The settling parties will be responsible for seeking appropriate approval for any proposed sound wall extensions.

4.4 Crossing Design

The installation of four-quadrant gates at the El Centro/Glendon Way crossing is necessary before the bells at that crossing may be silenced after the gate arms descend. The settling parties are responsible for securing appropriate approval for installation of the gates.

4.5 Other Provisions

PAMRC objects to the City's agreement to rescind its Ordinance 2121, which is the basis for its request in A.03-07-050 for approval of a 20 mph speed limit for trains within City limits, within 30 days of approval of the settlement. This objection is out of place in these proceedings. The City has the power to adopt and repeal its own ordinances without our interference.

Our adoption of the settlement should not be read to imply either our approval or our disapproval of those terms that are not necessary to the resolution of the three applications in this consolidated proceeding. Further, as provided in Rule 51.8, our adoption of this settlement is binding on the parties, but is not precedential regarding any issue in these proceedings or any future proceedings.