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HomeMy WebLinkAbout2015 - Quiet Zone Cathy Testa From:Joseph Griffin Sent:Friday, October 16, 2015 11:15 AM To:'Dylan Reingold' Cc:Frank Watanabe Subject:RE: Quiet Zones Dylan---thanks Joe Griffin City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 772-388-8200 office 772-581-0149 fax www.cityofsebastian.org From: Dylan Reingold \[mailto:dreingold@ircgov.com\] Sent: Friday, October 16, 2015 8:52 AM To: Joseph Griffin Subject: FW: Quiet Zones Joe, Per our discussion this morning, here is where Brevard is with respect to the quiet zone issue. To the best of my knowledge they have not received the 90% plans. Have a wonderful day! Dylan From: Berrios, Cristina \[mailto:Cristina.Berrios@brevardcounty.us\] Sent: Thursday, August 20, 2015 11:53 AM To: Dylan Reingold Subject: FW: Quiet Zones Dylan: My apologies for taking so long to respond to this! Below, find the response to your question from the Space Coast Transportation Planning Organization. Sincerely, Cristina Berrios, Esq. Assistant County Attorney Brevard County Attorney's Office 2725 Judge Fran Jamieson Way, Suite 308 Viera, FL 32940 1 Telephone: 321/633-2090 Fax: 321/633-2096 cristina.berrios@brevardcounty.us Please note: Florida has a very broad public records law. Most written communications to or from county employees regarding county business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. From: Kamm, Bob Sent: Thursday, August 20, 2015 11:15 AM To: Berrios, Cristina Cc: Denninghoff, John P Subject: RE: Quiet Zones The six Brevard jurisdictions affected by AAF have not yet applied to the Federal Railroad Administration for quiet zones. AAF must upgrade safety equipment at all grade crossings to receive FRA approval to operate trains over 80 mph. It so happens that the upgrades will generally also meet quiet zone requirements. We are waiting for AAF to inform us of the specific upgrades proposed at each crossing. This should occur by the end of the year. Once we know which crossings will qualify for a quiet zone based on AAF’s improvements, we can then apply. The six jurisdictions have agreed to apply jointly so we will potentially have one quiet zone from Cocoa to the IR County line. The QZ will also apply to freight trains. The jurisdictions are Cocoa, Rockledge, Melbourne, Palm Bay, Grant Valkaria and Brevard County. We anticipate most, if not all, of the crossings will meet quiet zone standards at no cost to the local government. If some do not meet standards and require added improvements/safety equipment, AAF agreed with the Board of County Commissioners last October to make available up to $500,000 to pay for the additional upgrades. If the state matching program is in effect (it was allowed to lapse in the last legislative session), we could augment that by a like amount. Bob Kamm Director Space Coast Transportation Planning Organization 2725 Judge Fran Jamieson Way, Bldg. B Viera, FL 32940 321-690-6890 Website Facebook Twitter YouTube "Roads to Rockets...The Sky Is NOT the Limit" From: Denninghoff, John P Sent: Thursday, August 20, 2015 10:38 AM To: Kamm, Bob Cc: Berrios, Cristina Subject: RE: Quiet Zones Hey Bob, Do you know the answer to this question? Thanks, John Denninghoff 2 Brevard County Public Works Department From: Berrios, Cristina Sent: Thursday, August 20, 2015 8:38 AM To: Denninghoff, John P Subject: FW: Quiet Zones John: Before I tell Dylan (the County Attorney of Indian River County) that we did not apply for quiet zone funding, I wanted to double check that we actually did not. Could you please confirm? Thank you! Cristina Berrios, Esq. Assistant County Attorney Brevard County Attorney's Office 2725 Judge Fran Jamieson Way, Suite 308 Viera, FL 32940 Telephone: 321/633-2090 Fax: 321/633-2096 cristina.berrios@brevardcounty.us Please note: Florida has a very broad public records law. Most written communications to or from county employees regarding county business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. From: Dylan Reingold \[mailto:dreingold@ircgov.com\] Sent: Monday, August 17, 2015 10:40 AM To: Berrios, Cristina Subject: Quiet Zones Cristina, Good morning! I hope you are doing well. It has been a busy summer here. Did Brevard County ever apply for quiet zones with the FRA or funding from the State? I read some comments in our local newspaper recently concerning quest zones and I wasn’t sure how Brevard was addressing the issue. Thank you so much! Dylan "Under Florida Law, email addresses are Public Records. If you do not want your e-mail address released in response to public record requests, do not send electronic mail to this entity. Instead, contact this office by phone or in writing." 3 Quiet Zone Design and Establishment Please read the following in the order presented: 1.TRAIN RULE HISTORY AND TIMELINE 2.THE “TRAIN HORN” FINAL RULE –QUICK FACTS 3.THE “TRAIN HORN” FINAL RULE –SUMMARY 4.THE “TRAIN HORN” FINAL RULE –GLOSSARY 5.49 CFR 222 –USE OF LOCOMOTIVE HORNS AT PUBLIC HIGHWAY- RAIL GRADE CROSSINGS. “THE RULE” (Separate Attachment) 6.CREATING A NEW QUIET ZONE 7.CHART 2 and CHART 3A 8.NOTICE OF INTENT (NOI) 9.NOTICE OF ESTABLISHMENT (NOE) For further assistance, please contact your FRARegional Grade Crossing Team. TRAIN HORN RULE HISTORY AND TIMELINE July 26, 1991FRA Administrator Gil Carmichael issues Emergency Order 15that pre-empts 1984 Florida statute permitting local whistle bans at highway-rail grade crossings along the Florida East Coast (FEC) Railway between Jacksonville to Miami. Nov. 2, 1994Original statutory mandate enacted by Congress (Federal Railroad Safety Authorization Act of 1994) requiring the sounding of locomotive horns at all public highway-rail grade crossings, and to provide exceptions under specific conditions and circumstances. April 1995FRA completes and issues Nationwide Study of Train Whistle Bans. June 1995Initial public outreach to affected communities begins. Oct. 9, 1996Federal Aviation Administration (FAA) Reauthorization Actamends original statutory mandate, requiring FRA to take into consideration the interests of communities with longstanding whistle bans. Nov. 2, 1996Deadline for issuing a Final Rule is missed because of expanded public outreach required by previous legislative action, and preparation of Draft Environmental Impact Statement (DEIS). Jan. 12, 2000Notice of Proposed Rulemaking (NPRM) and DEIS is issued. FRA conducts extensive stakeholder briefings and outreach. Jan. 13, 2000NPRM is published in the Federal Register. Mar.-May, 2003FRA conducts twelve (12) public hearings in nine (9) states across the country from March 6, through May 3, 2000. May 10, 2000FRA conducts technical conference on train horn acoustics. May 26, 2000NPRM comment period concludes (Total: 133 days). July 18, 2000Deputy Administrator Jack Wells testified before Surface Transportation Subcommittee of House Transportation and Infrastructure Committee (T&I), the first dedicated congressional hearing ever on this topic. Dec. 21, 2000Omnibus Consolidated Appropriations Act requires FRA to delay of issuance of a Final Rule until after July 1, 2001. Dec. 18, 2003IFR published in the Federal Register; effective date of Dec. 18, 2004. TRAIN HORN RULE HISTORY AND TIMELINE Feb. 4, 2004FRA conducts public hearing on IFR. Feb. 17, 2004IFR Public comment period scheduled to close, but extended at the request of various stakeholders seeking additional time to prepare and submit comments. April 19, 2004Extended IFR comment period concludes. Nov. 22, 2004IFR effective date changed to April 1, 2005. Mar. 18, 2005IFR effective date changed to June 24, 2005. April 22, 2005Final Rule on display at the Federal Register. April 27, 2005Final Rule published in theFederal Register. June 24, 2005Final Rule goes into effect. Source: Federal Railroad Administration U.S. Department of Transportation Office of Public Affairs Washington, D.C. www.dot.gov/affairs/briefing.htm NEWS THE “TRAIN HORN” FINAL RULE Quick Facts BACKGROUND Fulfills the legislative requirement that locomotive horns be sounded at public highway-rail crossings and provides flexibility to localities to silence horns. The rule will go into effect on June 24, 2005, at which time state and local laws governing the same subject matter will be preempted. Provides important risk-based exceptions so that many communities can establish and maintain quiet zones without making significant investments. Provides flexibility to select “” and “alternative” safety measures that compensate for loss of the train horn. Communities may propose alternative engineering solutions along with risk reduction effectiveness estimates. Outside of quiet zones established in accordance with the rule, requires railroad to sound horn 15 – 20 seconds prior to arrival at the crossing rather than for ¼ mile (as required by most applicable state laws) regardless of speed. This results in horns sounding over shorter distances and/or duration at many locations. The rule prescribes both a minimumand maximumvolume level for the train horn. Overall effect: less noise. NEW QUIET ZONES: A new quiet zone may be created if all public crossings along the designated rail line are equipped with conventional flashing lights and gates; and either – After adjusting for increased risk resulting from the silencing the train horn, the average risk at the crossings is less than the national average for gated crossings where the train horn sounds (National Significant Risk Threshold or “NSRT”); or Safety improvements are made that reduce the risk to a level either less than the NSRT or a level that compensates for loss of the train horn as a warning device. EXISTING “Whistle Bans”: Existing whistle bans may be converted to quiet zones (Pre-Rule Quiet Zones) if: The average risk at the crossings is less than NSRT; or The average risk is less than twice the NSRT and no relevant collisions have occurred within the past 5 years; or The community undertakes actions to compensate for lack of the train horn as a warning device (or at least to reduce average risk to below the NSRT). Train horns will not sound in existing whistle ban areas if authorities provide proper notification to maintain Pre-Rule Quiet Zones and do whatever is required (see above) within 5 yearsof the effective date of the Final Rule (8 years if the State agency provides at least some assistance to communities in that State). “Intermediate Quiet Zones” are whistle bans that were implemented after October 9, 1996 and were in existence as of December 18, 2003. Train horns will not sound for one year (until June 24, 2006) if authorities provide proper notification by June 3, 2005 according to the rule. During this one-year period, the authorities may implement necessary improvements to qualify as a New Quiet Zone. Automated Wayside Horns Permits automated wayside horns as a substitute for the locomotive horn at crossings equipped with flashing lights and gates. This Final Rule will be effective on June 24, 2005. Extensive information about the Final Rule is available at: http://www.fra.dot.gov Disclaimer: This summary of the final rule is for initial briefing purposes only. Entities subject to the rule should refer to its text as published in the Federal Register on April 27, 2005. THE “TRAIN HORN” FINAL RULE Summary 1.Overview: The Final Rule on Use of Locomotive Horns at Highway-Rail Grade Crossings, published in the Federal Register on April 27, 2005, is intended to: o Maintain a high level of public safety; o Respond to the varied concerns of many communities that have sought relief from unwantedhorn noise; and o Take into consideration the interests of localities with existingwhistle bans. Currently, state laws and railroad operating rules govern use of the horn at highway-rail grade crossings. When this rule takes effect, it will determine when the horn is sounded at public crossings (and private crossings within “quiet zones”). 1 and was issued by the Federal Railroad Administration This Final Rule was mandated by law (FRA) after consideration of almost 1,400 public comments on the Interim Final Rule (IFR) (68 FR 70586) published December 18, 2003. Consistent with the statutory mandate requiring its issuance, the rule requires that locomotive horns be sounded at public highway-rail grade crossings, but provides several exceptions to that requirement. Local public authorities may designate or request approval of, quiet zones in which train horns may not be routinely sounded. The details for establishment of quiet zones differ depending on the type of quiet zone to be created (Pre-Rule or New) and the type of safety improvements implemented (if required). Horns may continue to be silenced at Pre-Rule Quiet Zones provided certain actions are taken. Intermediate Quiet Zones (whistle bans that were implemented after October 9, 1996 but before December 18, 2003) may continue to have the horns silenced for one year (until June 24, 2006) provided certain actions are taken; after which time they must comply with the provisions for a New Quiet Zone if the horns are to remain silent. 1 49 U.S.C. 20153 Disclaimer: This is a summary of the Final Rule for initial briefing purposes only. Entities subject to the rule should refer to the rule text as published in the Federal Register on April 27, 2005. The rule goes into effect on June 24, 2005. Pre-Rule Quiet Zones in the six county Chicago region are excepted from the provisions of this rule pending further evaluation of the data. 2.Requirement to sound the locomotive horn: Outside of quiet zones, railroads must sound the horn 15-20 seconds prior to a train’s arrival at the highway-rail grade crossing, but not more than ¼ mile in advance of the crossing. NOTE:Most State laws and railroad rules currently require that the horn be sounded beginning at a point ¼ mile in advance of the highway-rail grade crossing and continued until the crossing is occupied by the locomotive. Under the rule, for trains running at less than 45 mph, this will reduce the time and distance over which the horn is sounded. This will reduce noise impacts on local communities. The pattern for sounding the horn will remain, as it currently exists today (two long –one short – one long) repeated or prolonged until the locomotive occupies the highway-rail grade crossing). Locomotive engineers may vary this pattern as necessary where highway-rail grade crossings are closely spaced; and they will also be empowered (but not required) to sound the horn inthe case of an emergency, even in a quiet zone. The rule addresses use of the horn only with respect to highway-rail grade crossings. Railroads remain free to use the horn for other purposes as prescribed in railroad operating rules on file with FRA, and railroads must use the horn as specified in other FRA regulations (in support of roadway worker safety and in the case of malfunctions of highway-rail grade crossing active warning devices). The rule prescribes both a minimum and maximum volume level for the train horn. The minimum level is retained at 96 dBA and the new maximum will be 110 dBA. This range will permit railroads to address safety needs in their operating territory (see discussion in the preamble). The protocol for testing the locomotive horn will be altered to place the sound-level meter at a height of 15 feet above top of rail, rather than the current 4 feet above the top of the rail. Cab- mounted and low-mounted horns will continue to have the sound-level meter placed 4feet above the top of the rail. NOTE: The effect of this change will be to permit center-mounted horns to be “turned down” in some cases. The previous test method was influenced by the “shadow effect” created by the body of the locomotive to indicate a lower sound level than would otherwise be expected several hundred feet in front of the locomotive (where the crossing and approaching motorists are located). The effect of these changes will reduce noise impacts for 3.4 million of the 9.3 million people currently affected by train horn noise. Creation of Quiet Zones 3. The rule provides significant flexibility to communities to create quiet zones; both where there are existing whistle bans and in other communities that heretofore have had no opportunity to do so. TheFinal Rule permits implementation of quiet zones in low-risk locales without requiring the addition of safety improvements. o This concept utilizes a risk index approach that estimates expected safety outcomes (that is, the likelihood of a fatal or non-fatal casualty resulting from a collision at a highway-rail crossing). o Risk may be averaged over crossings in a proposed quiet zone. o Average risk within the proposed quiet zone is then compared with the average nationwide risk at gated crossings where the horn is sounded (the “National Significant Risk Threshold” or “NSRT”). FRA will compute the NSRT annually. o The effect of this approach is that horns can remain silenced in over half of Pre-Rule Quiet Zones without significant expense; and many New Quiet Zones can be created without significant expense where flashing lights and gates are already in place at the highway-rail grade crossings. o If the risk index for a proposed New Quiet Zone exceeds the NSRT, then supplementary or alternative safety measures must be used to reduce that risk (to fully compensate for the absence of the train horn or to reduce risk below the NSRT). The Final Rule: Retains engineering solutions known as “supplementary safety measures” for use without FRA approval. Retainsexplicit flexibility for the modification of “supplementary safety measures” to receive credit as “alternative safety measures.” For instance:shorter traffic channelization arrangements can be used with reasonable effectiveness estimates. Adds a provision that provides risk reduction credit for pre-existing SSMs and pre-existing modified SSMs that were implemented prior to December 18, 2003. Continues education and enforcement options, including photo enforcement, subject to 2 verification of effectiveness. The public authority responsible for traffic control or law enforcement at the highway-rail grade crossing is the onlyentity that can designate or apply for quiet zone status. FRA will provide a web-based tool for communities to use in performing “what if” calculations and preparing submissions necessary to create or retain quiet zones. The tool may be found at: http://safetydata.fra.dot.gov/quiet/ In order to ensure proper application of the risk index, the National Highway-Rail Crossing Inventory must be accurate and complete. In the absence of timely filings to the inventory by the States or Railroads, local authorities may file updated inventory information, and railroads must cooperate in providing railroad-specific data. FRA regional personnel will be available to participate in diagnostic teams evaluating options for quiet zones. Once a quiet zone is established (including the continuation of Pre-Rule or Intermediate Quiet Zones pending any required improvements), the railroad is barred from routine sounding of the horn at the affected highway-rail grade crossings. See below for discussion of Pre-Rule Quiet Zonesand New Quiet Zones. 2 The rule neither approves nor excludes the possibility of relying upon regional education and enforcement programs with alternative verification strategies. FRA is providing funding in support of an Illinois Commerce Commission-sponsored regional program. The law provides authority for use of new techniques when they have been demonstrated to be effective. New Quiet Zones may be created if – All public highway-rail grade crossings are equipped with flashing lights and gates; and either – After adjusting for excess risk created by silencing the train horn, the average risk at the crossings is less than the NSRT; or Supplemental Safety Measures are present at each public crossing; or Safety improvements are made that compensate for loss of the train horn as a warning device (or at least to reduce average risk to below the NSRT). Detailed instructions for establishing or requesting recognition of a quiet zone are provided in the regulation. 4.Length of quiet zones: •Generally, a quiet zone must be at least ½ mile in length and may include one or more highway- rail grade crossings. •Pre-Rule Quiet Zones may be retained at the length that existed as of October 9, 1996, even if less than ½ mile. A Pre-Rule Quiet Zone that is greater than ½ mile may be reduced in length to no less than ½ mile and retain its pre-rule status. However, if its length is increased from pre-rule length by the addition of highway-rail grade crossings that are not pre-rule quiet zone crossings, pre-rule status will not be retained. 5.Supplementary and Alternative Safety Measures: Supplementary safety measures are engineering improvements that clearly compensate for the absence of the train horn. If employed at every highway-rail grade crossing in the quiet zone, they automatically qualify the quiet zone (subject to reporting requirements). They also may be usedto reduce the average risk in the corridor in order to fully compensate for the lack of a train or to below the NSRT. Temporary closure used with a partial zone; Permanent closure of a highway-rail grade crossing; Four-quadrant gates; Gates with traffic channelization arrangements (i.e., non-mountable curb or mountable curb with delineators) at least 100 feet in length on each side of the crossing (60 ft. where there is an intersecting roadway); One-way street with gate across the roadway. Alternative safety measures may be applied such that the combination of measures at one or more highway-rail grade crossings reduces the average risk by the required amount across the quiet zone (so-called “corridor approach”). Any modified supplementary safety measure (i.e. barrier gate and median; shorter channelization); or Education and/or enforcement programs (including photo enforcement) with verification of effectiveness; or Engineering improvements other than modified SSMs; or Combination of the above. The rule provides that pre-existing SSMs and pre-existing modified SSMs will be counted towards risk reduction. 6.Recognition of the automated wayside horn: The rule authorizes use of the automated wayside horn at any highway-rail grade crossing with flashing lights and gates (inside or outside a quiet zone) as one-to-one substitute for the train horn. Certain technical requirements apply, consistent with the successful demonstrations of this technology. The Federal Highway Administration (FHWA) has issued an interim approval for the use of wayside horns as traffic control devices. Communities interested in employing this option should contact FHWA to ensure that they comply with the provisions of the interim approval. 7.Special Circumstances: A community or railroad that views the provisions of the rule inapplicable to local circumstances may request a waiver from the rule from FRA. A railroad or community seeking a waiver must first consult with the other party and seek agreement on the form of relief. If agreement cannot be achieved the party may still request the relief by a waiver, provided the FRA Associate Administrator determines that a joint waiver petition would not be likely to contribute significantly to publicsafety. FRA grants waivers if in the public interest and consistent with the safety of highway and railroad users of the highway-rail grade crossings. 8.Summary of major changes to the Interim Final Rule The final rule provides a one-year grace period to comply with New Quiet Zone standards for communities with pre-existing whistle bans that were in effect on December 18, 2003, but were adopted after October 9, 1996. These communities are considered “Intermediate” Quiet Zones under the final rule. Thefinal rule addresses quiet zones that prohibit sounding of horns during the evening and/or nighttime hours. These are referred to as Partial Quiet Zones. The final rule requires diagnostic team reviews of pedestrian crossings that are located within proposed New Quiet Zones and New Partial Quiet Zones. The final rule requires quiet zone communities to retain automatic bells at public highway-rail grade crossings that are subject to pedestrian traffic. The final rule extends “recognized State agency” status to State agencies that wish to participate in the quiet zone development process. The final rule contains a 60-day comment period on quiet zone applications. The final rule requires public authorities to provide notification of their intent to create a New Quiet Zone. During the 60-day period after the Notice of Intent is mailed, comments may be submitted to the public authority. The final rule provides quiet zone risk reduction credit for certain pre-existingSSMs. The final rule provides quietzone risk reduction credit for pre-existingmodified SSMs. The final rule contains a new category of ASMs that addresses engineering improvements other than modified SSMs. Additional information, including the full text of the Final Rule, the Final Environmental Impact . Statement, and background documents, are available at http://www.fra.dot.gov Horns may continue to be silenced at Pre-Rule Quiet Zones if – The average risk at the crossings is less than the NSRT; or The average risk is less than twice the NSRT and no relevant collisions have occurred within the past 5 years; or The community undertakes actions to compensate for lack of the train horn as a warning device (or at least to reduce average risk to below the NSRT). Train horns will not sound in existing whistle ban areas if authorities state their intention to maintain “Pre-Rule Quiet Zones” and do whatever is required (see above) within 5 yearsof the effective date (June 24, 2005) (8 yearsif the State agency provides at least some assistance to communities in that state). A “Pre-Rule Quiet Zone” is a quiet zone that contains one or more consecutive grade crossings subject to a whistle ban that has been actively enforced or observed as of October 9, 1996 and December 18, 2003. “Train Horn Rule” Glossary To secure Pre-Rule Quiet Zone status, communities must provide proper notification to FRA and other affected parties by June 3, 2005 and file a plan with FRA by June 24, 2008 (if improvements are required). Disclaimer: This summary of the final rule is for initial briefing purposes only. Entities subject to the rule should refer to its text as published in the Federal Register on April 27, 2005. THE “TRAIN HORN” RULE Glossary Alternative Safety Measure (ASM):A safety system or procedure provided by the appropriate traffic control authority which, after individual review and analysis, is determined by the Federal Railroad Administration (FRA) to be an effective substitute for the locomotive horn at specific highway-rail grade crossings. ASMs include: Modified Supplementary Safety Measures (SSMs) (see definition below) Engineering Alternative Safety Measures (ASMs) (see definition below) Non-engineering Alternative Safety Measures (ASMs) include the following: Programmed law enforcement Programmed public education and awareness Photo Enforcement Diagnostic Team: A group of specially trained and qualified experts assembled to make objective judgments about physical and/or operating characteristics and conditions at highway-rail crossings. In the context of this rule, a diagnostic team assesses grade crossing safety requirements according to safety management principles. Engineering Alternative Safety Measures (ASMs):Engineering improvements other than modified SSMs include improvements that address underlying geometric conditions, including sight distance, that are a source on increased risk at the crossing. Environmental Impact Statement (EIS):Environment Impact Statements are required of Federal agencies for major regulatory projects or legislative proposals that may significantly affect the physical or natural environment. These statements describe the positive and negative effects of the proposed undertaking and cite possible alternative actions and are required by the National Environmental Policy Act. The U.S. Environmental Protection Agency (EPA) reviews and responds to filed impact statements and makes available a national EIS filing system as well as publishing a weekly notice of EIS documents available for review. Emergency Order 15 (E.O. 15):Emergency Order 15, issued by the Federal Railroad Administration (FRA) in 1991, required the Florida East Coast Railroad (FEC) to sound locomotive horns at all public highway-rail grade crossings. The Emergency Order preempted state and local laws that permitted nighttime prohibitions on the use of locomotive horns. Federal Aviation Administration (FAA) Reauthorization Act of 1996:This legislation added two paragraphs to 49 U.S.C. 20153 (the section of the United States Code requiring this rulemaking). One paragraph required that FRA take into account the interests of communities that had existing whistle bans in effect during a specified time period. The second required that any rule issued under section 20153 could not become effective until at least 365 days after its publication in the Federal Register. Four-Quadrant Gate:Train-activated warning gates that, when lowered, fully block highway traffic from entering the highway-rail grade crossing. Gates lower across both approach and departure lanes on both sides of the grade crossing. Four-quadrant gate systems must conform to standards contained in the Manual on Uniform Traffic Control Devices (MUTCD) and satisfy the requirements of the Final Rule. Intermediate Quiet Zone:A segment of rail line containing one or more public highway-rail grade crossings at which State or local ordinances prohibited the sounding of locomotive horns after October 9, 1996, but were in effect as of December 18, 2003. Modified Supplementary Safety Measure (SSM):An SSM that has in some way been adjusted to accommodate unique circumstances existing at a specific highway-rail grade crossing and no longer conformsto the SSM requirements. Modified SSMs are considered ASMs (see definition above). An example would be traffic channelization devices that due to a nearby intersection are only 45 feet in length instead of the required 60 feet. MUTCD:The Manual on Uniform Traffic Control Devices; a guidance document published by the Federal Highway Administration (FHWA) establishing specifications for highway signs, signals, and pavement markings. Non-engineering Alternative Safety Measure (ASM):Photo enforcement, or a consistent and systematic program of traffic law enforcement, public education programs, or a combination thereof, that produces a measurable reduction of risk at designated quiet zone highway-rail grade crossings. National Significant Risk Threshold (NSRT):The average Risk Index of all public, gated highway-rail grade crossings in the nation at which train horns are routinely sounded. Partial Quiet Zones:A segment of rail line with one or more consecutive public highway-rail grade crossings atwhich locomotive horns are not routinely sounded for a specified period of time during the evening and/or nighttime hours. Private Highway-Rail (Grade) Crossing:A location where a private roadway crosses railroad tracks at grade. Public Highway-Rail (Grade) Crossing:A location where a public highway, road, or street crosses railroad tracks at grade. For this rule, this includes crossings where a public authority maintains the roadway on both sides of the crossing. Quiet Zone: A quiet zone is a section of a rail line at least one-half mile in length that contains one or more consecutive public highway-rail grade crossings at which locomotive horns are not routinely sounded. Quiet Zone Risk Index (QZRI): The average risk index for all public crossings in a proposed quiet zone taking into consideration the increased risk caused by the absence of train horns and any decrease in risk attributable to the use of SSMs or ASMs. Relevant Collision:A highway-rail crossing collision that FRA believes could be prevented by the sounding of the train horn. Specifically, the term excludes collisions with motor vehicles resulting from an activation failure of an active grade crossing warning system; collisions in which there is no driver in the motor vehicle; and collisions where the highway vehicle struck the side of the train beyond the fourth locomotive unit or rail car. Risk Index:The predicted cost to society of casualties that are expected to result from collisions at an individual crossing. Risk Index With Horns (RIWH):A measure of risk to the motoring public when locomotive horns are routinely sounded at every public highway-rail grade crossing within a quiet zone. Supplementary Safety Measure (SSM):SSMs are engineering improvements, which wheninstalled at highway-rail grade crossings within a quiet zone, would reduce the risk of a collision at the crossing. SSMs are installed to reduce the risk level either to the level that would have existed if the train horn were sounded (compensating for the lack of the train horn) or to a level below the Nationwide Significant Risk Threshold. Approved SSMs include: Four quadrant gates Gates with medians or channelization devices, also known as traffic separators One-way streets equipped with gates that fully block the street Temporary closure (i.e. nighttime closure) Permanent closure Wayside Horn: A stationary horn located at a highway-rail grade crossing that is designed to provide audible warning to oncoming motorists when a train is approaching. Awayside horn is controlled by the same track circuitry that is configured to activate automatic warning devices at highway-rail grade crossings. Whistlebanor Pre-Rule Quiet Zone:Awhistle banis a local prohibition of the sounding of locomotive hornsat specific highway-rail grade crossings. Historically, whistle bans were established by local ordinance or through agreements with specific railroads in accordance with existing state law. At whistle ban crossings, no specific safety improvements have been made to compensate for the absence of the audible warning. Pre-Rule Quiet Zones established under this rule may only consist of Whistle Ban crossings that were in effect on October 9, 1996 and on December 18, 2003. CreatingaNewQuietZoneUsingSSMs (Chart2) 1.Selectthecrossings tobeincludedintheNew QuietZone. 2.A QuietZonemayincludehighway-railgradecrossings on asegmentof railline crossing morethanonepoliticaljurisdiction,or theremayberoads withinaparticular areathataretheresponsibilityof differententities(Stateor countyroads withina town, for example).If theselectedcrossings aretheresponsibilityof morethanone entity,obtainthecooperationof allrelevantjurisdictions. 3.A New QuietZonemustbeatleast½mileinlengthalongtherailroadtracks. 4. A New QuietZonemusthave,ataminimum,flashinglightsandgatesinplaceat each publiccrossing. Thesemustbeequippedwithconstantwarningtimedevices where reasonablypractical,andpower outindicators.Any necessaryupgradesmustbe completedbeforecalculatingrisk for thequietzone. 5. Are thereanyprivatecrossingswithintheproposed QuietZone?If anyprivate crossings allowaccesstothepublicor provideaccesstoactiveindustrialor commercialsites,you mustconductadiagnosticteamreviewof thosecrossings. Followingthediagnosticreview,you mustcomplywiththediagnosticteam’s recommendationsconcerningthosecrossings. 6. UpdatetheUSDOT GradeCrossing InventoryFormtoreflectconditionsateach publicandprivatecrossing;thisupdateshouldbecomplete,accurate,anddated 3 within6monthspriortotheQuietZoneimplementation.For instructionson how to completetheupdate,seetheFRA websiteat http://www.fra.dot.gov/Content3.asp?P=801. 7. Using theFRA’sQuietZoneCalculator,aweb-basedtoolthatcanbefound at http://safetydata.fra.dot.gov/quiet/, determinewhethertheQuietZoneRiskIndex (QZRI) of theproposed QuietZoneisless thanor equaltotheNationwideSignificant RiskThreshold(NSRT). If theQZRI isless thanor equaltotheNSRT, you can establishtheQuietZonethroughpublicauthoritydesignationby completingthe followingsteps: a. Installrequiredsignageateachcrossing.(Refertorulesections222.25 and 222.35 for details.) b. Notifythepartieslistedintherule.(Refertorulesection222.43 for details.) Disclaimer:This summaryof the interimfinalruleisfor informational purposes only.Entities subject to the interim final rule should refer to the ruletext as publishedin the FederalRegister on December 18,2003. Should any portionof this summary conflict with the interim final rule, thelanguage of the interim final rule shallgovern. Note:QuietZonesestablishedby comparisontotheNSRT aresubjectto annualFRA review.(Refertorulesection222.51 for details.) Note:Periodicupdates,includingupdatedUSDOT GradeCrossing Inventory Forms,mustbesubmittedtoFRA every2.5-3 years.(Refertorulesection 222.47 for details.) 8.Thestepdescribedaboveinvolvesqualifyingaquietzonewithout implementingany SupplementarySafetyMeasures (SSMs) or AlternativeSafety Measures (ASMs). If FRA’s QuietZoneCalculatorindicatesthattheproposed quietzonewillnotqualify on thatbasis, installanymeasuresthatareneeded.To qualifyfor PublicAuthority Designation,you mustimplementSSMs, buildgrade separations,closecrossings, or installwaysidehorns. Note:If you would liketoimplementanyASMs, theiruse mustbeapproved in advanceby FRA, inaccordancewithAppendixBof therule.For guidanceonASM use, seeSectionIV,CreatingQuietZonesusingEngineeringAlternative Safety Measures(modifiedSSMs)or SectionV,CreatingQuietZonesusingNon- engineeringAlternativeSafetyMeasures. 9. If everypubliccrossing intheproposed QuietZoneisequippedwithoneor more SSMs, you canestablishtheQuietZonethroughpublicauthoritydesignation by completingthefollowingsteps: a. Installrequiredsignageateachcrossing.(Refertorulesections 222.25 and 222.35 for details.) b. UpdatetheNationalGradeCrossing Inventorytoreflectcurrent conditions ateachpublicandprivatecrossing withintheQuietZone. c. Notifythepartieslistedintherule.(Refertorulesection222.43 for details.) Note:Periodicupdates,includingupdatedUSDOT GradeCrossing Inventory Forms,mustbesubmittedtoFRA every4.5-5 years.(Refertorulesection 222.47 for details.) 10.If everypubliccrossing isnotequippedwithanSSM, use FRA’s QuietZone CalculatortodeterminewhetherenoughSSMs havebeenimplementedtoreduce the QZRI tothelevelof risk thatwould existifthetrainhorns werestillsounded (RIWH). TheQuietZoneCalculatorcanbefound at http://safetydata.fra.dot.gov/quiet/. Disclaimer:This summaryof the interimfinalruleisfor informational purposes only.Entities subject to the interim final rule should refer to the ruletext as publishedin the FederalRegister on December 18,2003. Should any portionof this summary conflict with the interim final rule, thelanguage of the interim final rule shallgovern. If theQZRIisless thanor equal()totheRIWH, you canestablishtheQuietZone throughpublicauthoritydesignationby completingthefollowingsteps: a.Installrequiredsignageateachcrossing.(Refertorulesections222.25 and 222.35 for details.) b.UpdatetheNationalGradeCrossing Inventorytoreflectcurrentconditionsat eachpublicandprivatecrossing withintheQuietZone. c. Notifythepartieslistedintherule.(Refertorulesection222.43 for details.) Note:Periodicupdates,includingupdatedUSDOT GradeCrossing Inventory Forms,mustbesubmittedtoFRA every2.5-3 years.(Refertorulesection 222.47 for details.) 11. Use FRA’s QuietZoneCalculatortodeterminewhetherenoughSSMs havebeen implementedtoreducetheQZRI totheNationwideSignificantRiskThreshold (NSRT). TheQuietZoneCalculatorcanbefound at http://safetydata.fra.dot.gov/quiet/. Ifthe QZRIislessthanor equal()tothecurrentNSRT, you canestablishtheQuiet Zonethrough publicauthoritydesignationby completingthefollowingsteps: a. Installrequiredsignageateachcrossing.(Refertorulesections222.25 and222.35 for details.) b. UpdatetheNationalGradeCrossing Inventorytoreflectcurrent conditions ateachpublicandprivatecrossing withintheQuietZone. c. Notifythepartieslistedintherule.(Refertorulesection222.43 for details.) Note:QuietZonesestablishedby comparisontotheNSRT aresubjectto annualFRA review.(Refertorulesection222.51 for details.) Note:Periodicupdates,includingupdatedUSDOT GradeCrossing Inventory Forms,mustbesubmittedtoFRA every2.5-3 years.(Refertorulesection 222.47 for details.) Disclaimer:This summaryof the interimfinalruleisfor informational purposes only.Entitiessubject to the interim final rule should refer to the ruletext as publishedin the FederalRegister onDecember 18,2003. Should any portionof this summary conflict with the interim final rule, thelanguage ofthe interim final rule shall govern. Chart 2 - Creating a New Quiet Zone using SSMs Obtain QZ must be atInstall gates and Select crossingscooperation from least 1/2 milelights at all public for inclusion in QZall affected longcrossings jurisdictions Pvt Conduct xings with public,Comply with diagnostic team yes industrial, ordiagnostic team's review of pvt commercial accessrecommendations xings included? no Update National Inventory to reflect QZs established on this existing conditions basis subject to annual within 6 months review prior to notification ! d Notify Parties, silenceSend affirmation and updated e i yes f i QZRI < NSRT?horns, and install signageinventory form to FRA every l a u at all crossings2.5-3 yrs Q no Disclaimer: This summary of the interim final rule is for informational purposes only. no Entities subject to the interim final rule should refer to the rule text as published in the Install SSMs Federal Register on December 18, 2003. Should any portion of this summary conflict with the interim final rule, the language of the interim final rule shall govern. yes ! d Send affirmation and updated Notify Parties, silence e i SSMs at everyUpdate National yes f i inventory form to FRA every horns, and install signage l public xing?Inventory a u 4.5-5 yrs at all crossings Q no ! d Notify Parties, silence e i yes Update National f i QZRI < RIWH? horns, and install signage l a Inventory u at all crossings Q no Send affirmation and updated inventory form to FRA every ! 2.5-3 yrs d e i yes f i QZRI < NSRT? l a u Q QZs established on this basis subject to annual no review ASM use Go to requires FRA Chart 3A approval Chart 3A - Creating a Quiet Zone using Engineering ASMs (Modified SSMs) from go to no Charts 1B, Only SSMs or chart 3B 2 Modified SSMs used? yes QZs established on this Determine Strongly advised basis subject to annual effectiveness of to consult FRA review proposed modified SSMs nono ProposedProposed QZRI < RIWH?QZRI < NSRT? yes yes Apply to FRA, SeePart222.39(b)ofregulation: include PublicAuthorityApplicationtoFRA analysis and data no FRA approved?Not qualified yes Install SSMs, modified SSMs Qualified Update National Inventory Notify Parties, silence horns, and install signage at all crossings Send affirmation and updated inventory form to FRA every 2.5-3 yrs Disclaimer: This summary of the interim final rule is for informational purposes only. Entities subject to the interim final rule should refer to the rule text as published in the Federal Register on December 18, 2003. Should any portion of this summary conflict with the interim final rule, the language of the interim final rule shall govern. Notice of Intent to Create a Quiet Zone Who should submit this notice: A public authority seeking to create a New Quiet Zone or a New Partial Quiet Zone should submit notice of its intent. Parties to be notified: Before a public authority establishes a quiet zone either through public authority designation or through FRA approval, it must provide written notice to several parties. These parties include the following: o All railroads operating over the public highway-rail grade crossings within the quiet zone; o The State agency responsible for highway and road safety, and o The State agency responsible for grade crossing safety. All notices must be provided by certified mail, return receipt requested. Deadlines: A party may submit information or comments to the public authority duringthe 60-day period after the date on which the Notice of Intent was mailed. This 60-day comment period may terminate early, if the public authority obtains from each party either written comments or written statements that the parties do not have any comments. Notification contents: The notice must unambiguously state which crossings will be contained within the quiet zone. Each public, pedestrian, and private crossing must be identified by both the U.S. DOT National Highway-Rail Grade Crossing Inventory number and street or highway name. The notice must indicate the time period during which train horn restrictions would be imposed (i.e. 24 hours or from 10 pm to 7 am). The notice must contain a brief explanation of the tentative plans for implementingimprovements within the quiet zone. The notice must clearly indicate the name, title, and contact information for the person who will act as point of contact during the development process. All notifications must contain a list of the names and addresses of each party notified. SAMPLE NOI THIS IS PRESENTED AS A SUGGESTION AND IS NOT OMB APPROVED DATE_____________ Railroad Name Railroad Address DOT Name DOT Address RE: Notice of Intent to Establish a Quiet Zone This letter is a Notice of Intent for the creation of a quiet zone at the following public highway-rail grade crossings in CITY / COUNTY_____________________, STATE________. LIST BY USDOT # and Street Name (in geographical order, i.e.: n-s, DOT# SEQUENCE) (Include Private and Pedestrian Crossings within the Quiet Zone). THE LIST CAN BE INCLUDED HERE OR AN AS ATTACHMENT, DEPENDING ON SIZE OF LIST. This Quiet Zone will be in effect 24 hours per day. The CITY / COUNTY’s ____________________plan to implement a quiet zone includes upgrading the crossings, where needed, to include gates, lights, constant warning time (where practicable) and power- out indicators. Supplemental Safety Measures will be installed as indicated by the FRA Quiet Zone Calculator. The point of contact for the CITY / COUNTY ______________________is: LIST INFO FOR CONTACT PERSON This is provided as a guide only. Please consider the date of this notice as the beginning date of the 60-day comment period. This notice is being mailed to: LIST REQUIRED PARTIES ONLY HERE. REQUIRED PARTIES MUST BE NOTIFIED BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED. NOTE COURTESY COPIES AS “CC” AND LIST AT END OF NOTICE. Signed, cc: as needed SEND CERTIFIED MAIL / RETURN RECEIPT PLEASE CONTACT YOUR FRA REGIONAL GRADE CROSSING MANAGER BEFORE SUBMITTING A NOTICE OF INTENT (NOI). INVOLVEMENT OF FRA STAFF IS NOT MANDATORY, BUT STRONGLY RECOMMENDED. This is provided as a guide only. Notice of Quiet Zone Establishment Who should submit this notice: A public authority wishing to establish a New Quiet Zone, a New Partial Quiet Zone, a Pre-Rule Quiet Zone, or a Pre-Rule Partial Quiet Zone must submit a notice of Quiet Zone Establishment. Parties to be notified ((§222.43 (a)(4)) The public authority must provide written notice to several parties. These parties include the following: o All railroads operating over the public highway-rail grade crossing within the quiet zone, o The highway or traffic control authority, or the law enforcement authority with jurisdiction overmotor vehicle traffic at the quiet zone crossings, o Landowners withcontrol over any private crossings within the quiet zone, o The State agency responsible for highway and road safety, o The State agency responsible for grade crossing safety, and o The FRA Associate Administrator. All notices must be provided by certifiedmail / return receipt . Deadlines: Notice of the establishment of a Quiet Zone should be mailed no later than 21 days before the date on which train horns are scheduled to cease sounding. For New Quiet Zones and New Partial Quiet Zones, the Notice of Quiet Zone Establishment cannot be served earlier than 60 days after the Notice of Intent was mailed, unless the Notice of Quiet Zone Establishment contains a written statement affirming that written comments and/or ‘no comment’ statements have been received from each party that received the Notice of Intent. For Pre-Rule Quiet Zones that qualified for automatic approval, the Notice of Quiet Zone Establishment should be mailed out before December 24, 2005. Notification contents (§222.43 (e)): The notice must unambiguously state which crossings are contained within the quiet zone. All public, pedestrian, and private crossings must be identified by both the U.S. DOT National Highway-Rail Grade Crossing Inventory Number, and by street or highway name. The notification must clearly cite the regulatory provision that provides the basis for establishing the Quiet Zone: § 222.39 (a)(1), implementation of SSMs at every public crossing in the New Quiet Zone or New Partial Quiet Zone; § 222.39 (a)(2)(i), theQZRI is at or below the NSRT without installation of any SSMs at the New Quiet Zone or New Partial Quiet Zone; § 222.39 (a)(2)(ii), SSMs were implemented at some crossings in the New Quiet Zone or New Partial Quiet Zone to bring the QZRI to a level at orbelow the NSRT; § 222.39 (a)(3), SSMs were implemented at some crossings in the New Quiet Zone or New Partial Quiet Zone to bring the QZRI to a level at or below the RIWH; or § 222.39 (b), public authority application to the FRA for a New Quiet Zone or New Partial Quiet Zone; § 222.41 (a)(i), Pre-Rule Quiet Zones that qualify for automatic approval because every crossing is equipped with an SSM; § 222.41 (a)(ii) Pre-Rule Quiet Zones that qualify for automatic approval because QZRI ; § 222.41 (a)(iii)Pre-rule Quiet Zones that qualify for automatic approval because 5 years preceding April 27, 2005; § 222.41 (b)(i) Pre-Rule Partial Quiet Zones that qualify for automatic approval because every crossing is equipped with an SSM; §222.41 (b)(ii) Pre-Rule Partial Quiet Zones that qualify for automatic approval § 222.41 (b)(iii) Pre-Rule Partial Quiet Zones that qualify for automatic approval because NS within the 5 years preceding April 27, 2005; § 222.41 (c) Pre-Rule Quiet Zones and Pre-Rule Partial Quiet Zones that do not qualify for automatic approval; § 222.41 (d) Pre-Rule Partial Quiet Zones that will be converted to 24-hour New Quiet Zones; § 222.42 (a) Intermediate Quiet Zones or Intermediate Partial Quiet Zones; § 222.42 (b) Intermediate Partial Quiet Zones that will be converted to 24-hour New Quiet Zones. If the notice containsa reference to § 222.39 (a)(2)(i), 222.39 (a)(2)(ii), 222.39 (a)(3), 222.41 (a)(2), 222.41 (a)(3), 222.41 (b)(2), or 222.41 (b)(3), that is, any time a determination of QZRI is used to justify establishment of a quiet zone, the notification must include acopy of the FRA Quiet Zone Calculator web page that contains the data on which the public authority is relying; If the notice contains a reference to § 222.39 (b), the notice must include a copy of the FRA’s notification of approval; If a diagnostic team is required under § 222.25 (private crossings) or § 222.27 (pedestrian crossings), the notice must include a statement affirming that the State agency responsible for grade crossing safety and all affected railroads were provided an opportunity to participate in the diagnostic team review. The notice must also include a list of the diagnostic team’s recommendations; The notice must contain a statement indicating the time period during which horn restrictions will be observed; An accurate and complete Grade Crossing Inventory Form for each public, pedestrian, and private crossing within the quiet zone that accurately reflects conditions at the crossing before any new SSMs or ASMs were implemented; An accurate, complete, and current Grade Crossing Inventory Form for each public, pedestrian, and private crossing within the quiet zone that accurately reflects SSMs and ASMs in place upon establishment of the Quiet Zone. SSMs and ASMs that cannot fully be described on the Inventory form shall be described separately; If the public authority was required to file a Notice of Intent (New Quiet Zones and New Partial Quiet Zones), the Notice of Quiet Zone Establishment shall contain a written statement affirming that the Notice of Intent was provided in accordance with the rule, and indicating the date on which the Notice of Intent was mailed; If the public authority was required to file a Notice of Intent, and did so less than 60 days before mailing the Notice of Quiet Zone Establishment, they must also include a written statement affirming that they received written comments and/or ‘no comment’ statements from the parties that received the Notice of Intent; If the public authority was required to submit a Notice of Detailed Plan, they must include a written statement affirming that the Notice of Detailed Plan was provided in accordance with the rule, and they must state the date on which it was provided; The name and title of the person responsible for monitoring compliance with the requirements of the rule and his/her contact information. In addition to the person’s name, title, and organization, contact information should include his/her business address, telephone number, fax number, and email address; Names and addresses of all parties notified in n accordance with the rule; and A statement signed by the Chief Executive Officer (CEO) of each public authority continuing the quiet zone. In the CEO’s statement, he/she must certify that the information submitted by the public authority is accurate and complete to the best of his/her knowledge and belief. SAMPLE NOE THIS IS PRESENTED AS A SUGGESTION AND IS NOT OMB APPROVED. Associate Administrator for Safety Federal Railroad Administration 1200 New Jersey Ave., S.E. Washington, DC 20590 DATE___________________ The CITY / COUNTY of ____________________, STATE________ is establishing a New 24-hour Quiet Zone effective_______________. (At least 21 calendar days from date of letter) This Quiet Zone is established under authority of 49 CFR 222 (REGULATORY PROVISION).i.e. IF QZ A Notice of Intent was sent on DATE______________ and (no comments were received from any applicable parties) OR (comments were received and addressed) ATTACH COMMENTS IF RECEIVED. The crossings in this Quiet Zone are: – n-s, Attached are Grade Crossing Inventory forms for the crossings in this Quiet Zone reflecting conditions at the crossings before any modifications and reflecting any modifications made to establish the Quiet Zone. -CORRECT ONE TO REFLECT ALL FIELDS) MAKE THIS AN ATTACHMENT, MAKING PAIRS OF THE INVENTORY FORMS AND SHOW IN SAME ORDER AS ABOVE. This notice is being mailed to: LIST ALL REQUUIRED PARTIES ONLY HERE. NOTE COURTESY COPIES AS END OF NOTICE. The contact person for CITY / COUNTY _______________ is: LIST INFO FOR CONTACT PERSON I certify that the information submitted herein is accurate, correct, and complete to the best of my knowledge and belief, ock). _________________________________ MAYOR, CEO, COMMISSIONER, etc. SEND CERTIFIED MAIL / RETURN RECEIPT. This is provided as a guide only. The Notice of Establishment does not need to be an intimidating document. PLEASE INVOLVEMENT OF FRA STAFF IS NOT D. D. 21888 Federal Register/Vol. 70, No. 80/Wednesday, April 27, 2005/Rules and Regulations 222.42How does this rule affect that such regulations incorporate Number 70; Pages 19477 à 78) or you Intermediate Quiet Zones and requirements specifically set forth in may visit http://dms.dot.gov. Intermediate Partial Quiet Zones? law).ÈÈ Sec. 201. Section 202 of the Act List of Subjects 222.43What notices and other information further requires that ÇÇ before are required to create or continue a quiet promulgating any general notice of 49 CFR Part 222 zone? proposed rulemaking that is likely to 222.45When is a railroad required to cease Administrative practice and result in promulgation of any rule that routine use of locomotive horns at procedure, Penalties, Railroad safety, includes any Federal mandate that may crossings? Reporting and recordkeeping result in the expenditure by State, local, 222.47What periodic updates are required? requirements. 222.49Who may file Grade Crossing and tribal governments, in the aggregate, Inventory Forms? 49 CFR Part 229 or by the private sector, of $100,00,000 222.51Under what conditions will quiet or more (adjusted annually for Locomotives, Penalties, Railroad zone status be terminated? inflation)\[currently $120,700,000\] in safety. 222.53What are the requirements for any one year, and before promulgating In consideration of the foregoing, FRA supplementary and alternative safety any final rule for which a general notice measures? is amending chapter II, subtitle B of title of proposed rulemaking was published, 222.55How are new supplementary or 49, Code of Federal Regulations as the agency shall prepare a written alternative safety measures approved? follows: statement ***ÈÈ detailing the effect on 222.57Can parties seek review of the 1. Part 222 is added to read as follows: Associate Administrator È s actions? State, local and tribal governments and 222.59When may a wayside horn be used? the private sector. The rule issued today PART 222—USE OF LOCOMOTIVE Appendix A to Part 222 Ä Approved will not result in the expenditure, in the HORNS AT PUBLIC HIGHWAY-RAIL Supplementary Safety Measures aggregate, of $120,700,000 or more in GRADE CROSSINGS Appendix B to Part 222 Ä Alternative Safety any one year, and thus preparation of a Measures Subpart A—General statement is not required. Appendix C to Part 222 Ä Guide to Sec. Establishing Quiet Zones G. Energy Impact 222.1What is the purpose of this Appendix D to Part 222 Ä Determining Risk regulation? Executive Order 13211 requires Levels 222.3What areas does this regulation Federal agencies to prepare a Statement Appendix E to Part 222 Ä Requirements for cover? of Energy Effects for any ÇÇ significant Wayside Horns 222.5What railroads does this regulation energy action.ÈÈ 66 FR 28355 (May 22, Appendix F to Part 222 Ä Diagnostic Team apply to? Considerations 2001). Under the Executive Order, a 222.7What is this regulation È s effect on Appendix G to Part 222 Ä Schedule of Civil ÇÇ significant energy action ÈÈ is defined as State and local laws and ordinances? Penalties any action by an agency (normally 222.9Definitions. published in the Federal Register) that Authority: 28 U.S.C. 2461, note; 49 U.S.C. 222.11What are the penalties for failure to 20103, 20107, 20153, 21301, 21304; 49 CFR promulgates or is expected to lead to the comply with this regulation? 1.49. 222.13Who is responsible for compliance? promulgation of a final rule or 222.15How does one obtain a waiver of a regulation, including notices of inquiry, Subpart A—General provision of this regulation? advance notices of proposed 222.17How can a State agency become a rulemaking, and notices of proposed §222.1What is the purpose of this recognized State agency? rulemaking: (1)(i) That is a significant regulation? Subpart B—Use of Locomotive Horns regulatory action under Executive Order The purpose of this part is to provide 12866 or any successor order, and (ii) is 222.21When must a locomotive horn be for safety at public highway-rail grade likely to have a significant adverse effect used? crossings by requiring locomotive horn 222.23How does this regulation affect on the supply, distribution, or use of use at public highway-rail grade sounding of a horn during an emergency energy; or (2) that is designated by the crossings except in quiet zones or other situations? Administrator of the Office of established and maintained in 222.25How does this rule affect private Information and Regulatory Affairs as a accordance with this part. highway-rail grade crossings? significant energy action. FRA has 222.27How does this rule affect pedestrian §222.3What areas does this regulation evaluated this Final rule in accordance crossings? cover? with Executive Order 13211 and has Subpart C—Exceptions to the Use of the (a) This part prescribes standards for determined that this Final Rule is not Locomotive Horn sounding locomotive horns when likely to have a significant adverse effect 222.31\[Reserved\] locomotives approach and pass through on the supply, distribution, or use of public highway-rail grade crossings. energy. Consequently, FRA has Silenced Horns at Individual Crossings This part also provides standards for the determined that this regulatory action is 222.33Can locomotive horns be silenced at creation and maintenance of quiet zones not a ÇÇ significant energy action ÈÈ within an individual public highway-rail grade within which locomotive horns need the meaning of Executive Order 13211. crossing which is not within a quiet not be sounded. zone? 18. Privacy Act Statement (b) The provisions of this part are Silenced Horns at Groups of Crossings— Anyone is able to search the separate and severable from one Quiet Zones electronic form of all comments another. If any provision is stayed or 222.35What are minimum requirements for received into any of our dockets by the determined to be invalid, it is the intent quiet zones? name of the individual submitting the of FRA that the remaining provisions 222.37Who may establish a quiet zone? comment (or signing the comment), if shall continue in effect. 222.38Can a quiet zone be created in the submitted on behalf of an association, (c) This part does not apply to any Chicago Region? business, labor union, etc.). You may Chicago Region highway-rail grade 222.39How is a quiet zone established? review DOT È s complete Privacy Act crossing where the railroad was excused 222.41How does this rule affect Pre-Rule Statement in the Federal Register from sounding the locomotive horn by Quiet Zones and Pre-Rule Partial Quiet published on April 11, 2000 (volume 65, Zones? the Illinois Commerce Commission, and VerDate jul<14>2003 21:21 Apr 26, 2005Jkt 205001PO 00000Frm 00046Fmt 4701Sfmt 4700E:\\FR\\FM\\27APR2.SGM27APR2 Federal Register/Vol. 70, No. 80/Wednesday, April 27, 2005/Rules and Regulations 21889 where the railroad did not sound the under State law regarding the a highway-rail grade crossing, organized horn, as of December 18, 2003.modification or installation of by the public authority responsible for engineering improvements at highway-that crossing, who, using crossing safety §222.5What railroads does this regulation rail grade crossings.management principles, evaluate apply to? conditions at a grade crossing to make §222.9Definitions. This part applies to all railroads determinations or recommendations for except: As used in this part Ä the public authority concerning safety (a) A railroad that exclusively Administrator means the needs at that crossing. operates freight trains only on track Administrator of the Federal Railroad Effectiveness rate means a number which is not part of the general railroad Administration or the Administrator È s between zero and one which represents system of transportation; delegate. the reduction of the likelihood of a Alternative safety measures (ASM) (b) Passenger railroads that operate collision at a public highway-rail grade means a safety system or procedure, only on track which is not part of the crossing as a result of the installation of other than an SSM, established in general railroad system of transportation an SSM or ASM when compared to the accordance with this part which is and that operate at a maximum speed of same crossing equipped with provided by the appropriate traffic 15 miles per hour over public highway- conventional active warning systems of control authority or law enforcement rail grade crossings; and flashing lights and gates. Zero authority and which, after individual (c) Rapid transit operations within an effectiveness means that the SSM or review and analysis by the Associate urban area that are not connected to the ASM provides no reduction in the Administrator, is determined to be an general railroad system of probability of a collision, while an effective substitute for the locomotive transportation. See 49 CFR part 209, effectiveness rating of one means that horn in the prevention of highway-rail appendix A for the definitive statement the SSM or ASM is totally effective in casualties at specific highway-rail grade of the meaning of the preceding eliminating collision risk. crossings. Appendix B to this part lists sentence. Measurements between zero and one such measures. reflect the percentage by which the SSM §222.7What is this regulation’s effect on Associate Administrator means the or ASM reduces the probability of a State and local laws and ordinances? Associate Administrator for Safety of collision. (a) Except as provided in paragraph the Federal Railroad Administration or FRA means the Federal Railroad (b) of this section, issuance of this part the Associate Administrator È s delegate. Administration. preempts any State law, rule, regulation, Channelization device means a traffic Grade Crossing Inventory Form means or order governing the sounding of the separation system made up of a raised the U.S. DOT National Highway-Rail locomotive horn at public highway-rail longitudinal channelizer, with vertical Grade Crossing Inventory Form, FRA grade crossings, in accordance with 49 panels or tubular delineators attached, Form F6180.71. This form is available U.S.C. 20106. that is placed between opposing through the FRA È s Office of Safety, or on (b) This part does not preempt any highway lanes designed to alert or guide FRA È s Web site at http:// State law, rule, regulation, or order traffic around an obstacle or to direct www.fra.dot.gov. governing the sounding of the traffic in a particular direction. Intermediate Partial Quiet Zone locomotive horn at any highway-rail ÇÇ Tubular markers ÈÈ and ÇÇ vertical means a segment of a rail line within grade crossing described in ¤222.3(c) of panels ÈÈ as described in sections 6F.57 which is situated one or a number of this part. and 6F.58, respectively, of the MUTCD, consecutive public highway-rail grade (c) Except as provided in ¤¤222.25 are acceptable channelization devices crossings at which State statutes or local and 222.27, this part does not preempt for purposes of this part. Additional ordinances restricted the routine any State law, rule, regulation, or order design specifications are determined by sounding of locomotive horns for a governing the sounding of locomotive the standard traffic design specifications specified period of time during the horns at private highway-rail grade used by the governmental entity evening or nighttime hours, or at which crossings or pedestrian crossings. constructing the channelization device. locomotive horns did not sound due to (d) Inclusion of SSMs and ASMs in Chicago Region means the following formal or informal agreements between this part or approved subsequent to six counties in the State of Illinois: the community and the railroad or issuance of this part does not constitute Cook, DuPage, Lake, Kane, McHenry railroads for a specified period of time federal preemption of State law and Will. during the evening and/or nighttime regarding whether those measures may Crossing Corridor Risk Index means a hours, and at which such statutes, be used for traffic control. Individual number reflecting a measure of risk to ordinances or agreements were in place states may continue to determine the motoring public at public grade and enforced or observed as of whether specific SSMs or ASMs are crossings along a rail corridor, December 18, 2003, but not as of appropriate traffic control measures for calculated in accordance with the October 9, 1996. that State, consistent with Federal procedures in appendix D of this part, Intermediate Quiet Zone means a Highway Administration regulations representing the average risk at each segment of a rail line within which is and the MUTCD. However, except for public crossing within the corridor. This situated one or a number of consecutive the SSMs and ASMs implemented at risk level is determined by averaging public highway-rail grade crossings at highway-rail grade crossings described among all public crossings within the which State statutes or local ordinances in ¤222.3(c) of this part, inclusion of corridor, the product of the number of restricted the routine sounding of SSMs and ASMs in this part does predicted collisions per year and the locomotive horns, or at which constitute federal preemption of State predicted likelihood and severity of locomotive horns did not sound due to law concerning the sounding of the casualties resulting from those formal or informal agreements between locomotive horn in relation to the use of collisions at each public crossing within the community and the railroad or those measures. the corridor. (e) Issuance of this part does not Diagnostic team as used in this part, railroads, and at which such statutes, constitute federal preemption of means a group of knowledgeable ordinances or agreements were in place administrative procedures required representatives of parties of interest in and enforced or observed as of VerDate jul<14>2003 19:03 Apr 26, 2005Jkt 205001PO 00000Frm 00047Fmt 4701Sfmt 4700E:\\FR\\FM\\27APR2.SGM27APR2 21890 Federal Register/Vol. 70, No. 80/Wednesday, April 27, 2005/Rules and Regulations December 18, 2003, but not as of Non-traversable curb means a Pre-Rule Partial Quiet Zone means a October 9, 1996. highway curb designed to discourage a segment of a rail line within which is motor vehicle from leaving the roadway. situated one or a number of consecutive Locomotive means a piece of on-track Non-traversable curbs are used at public highway-rail crossings at which equipment other than hi-rail, locations where highway speeds do not State statutes or local ordinances specialized maintenance, or other exceed 40 miles per hour and are at restricted the routine sounding of similar equipment Ä least six inches high. Additional design locomotive horns for a specified period (1) With one or more propelling specifications are determined by the of time during the evening and/or motors designed for moving other standard traffic design specifications nighttime hours, or at which locomotive equipment; used by the governmental entity horns did not sound due to formal or (2) With one or more propelling constructing the curb. informal agreements between the motors designed to carry freight or community and the railroad or railroads Partial Quiet Zone means a segment passenger traffic or both; or for a specified period of time during the of a rail line within which is situated (3) Without propelling motors but evening and/or nighttime hours, and at one or a number of consecutive public with one or more control stands. which such statutes, ordinances or highway-rail grade crossings at which Locomotive horn means a locomotive agreements were in place and enforced locomotive horns are not routinely air horn, steam whistle, or similar or observed as of October 9, 1996 and sounded for a specified period of time audible warning device (see 49 CFR on December 18, 2003. during the evening and/or nighttime 229.129) mounted on a locomotive or hours. Pre-Rule Quiet Zone means a segment control cab car. The terms ÇÇ locomotive of a rail line within which is situated Pedestrian crossing means, for horn ÈÈ, ÇÇ train whistle ÈÈ, ÇÇ locomotive one or a number of consecutive public purposes of this part, a separate whistle ÈÈ, and ÇÇ train horn ÈÈ are used highway-rail crossings at which State designated sidewalk or pathway where interchangeably in the railroad industry. statutes or local ordinances restricted pedestrians, but not vehicles, cross Median means the portion of a the routine sounding of locomotive railroad tracks. Sidewalk crossings divided highway separating the travel horns, or at which locomotive horns did contiguous with, or separate but ways for traffic in opposite directions. not sound due to formal or informal adjacent to, public highway-rail grade MUTCD means the Manual on Traffic agreements between the community and crossings, are presumed to be part of the Control Devices published by the the railroad or railroads, and at which public highway-rail grade crossing and Federal Highway Administration. such statutes, ordinances or agreements are not considered pedestrian crossings. Nationwide Significant Risk were in place and enforced or observed Power-out indicator means a device Threshold means a number reflecting a as of October 9, 1996 and on December which is capable of indicating to trains measure of risk, calculated on a 18, 2003. approaching a grade crossing equipped nationwide basis, which reflects the Private highway-rail crossing means, with an active warning system whether average level of risk to the motoring for purposes of this part, a highway-rail commercial electric power is activating public at public highway-rail grade at grade crossing which is not a public the warning system at that crossing. crossings equipped with flashing lights highway-rail grade crossing. This term includes remote health and gates and at which locomotive monitoring of grade crossing warning Public authority means the public horns are sounded. For purposes of this entity responsible for traffic control or systems if such monitoring system is rule, a risk level above the Nationwide equipped to indicate power status. law enforcement at the public highway- Significant Risk Threshold represents a rail grade or pedestrian crossing. significant risk with respect to loss of Pre-existing Modified Supplementary life or serious personal injury. The Safety Measure (Pre-existing Modified Public highway-rail grade crossing means, for purposes of this part, a Nationwide Significant Risk Threshold SSM) means a safety system or location where a public highway, road, is calculated in accordance with the procedure that is listed in appendix A procedures in appendix D of this part. to this Part, but is not fully compliant or street, including associated sidewalks or pathways, crosses one or more Unless otherwise indicated, references with the standards set forth therein, railroad tracks at grade. If a public in this part to the Nationwide which was installed before December Significant Risk Threshold reflect its 18, 2003 by the appropriate traffic authority maintains the roadway on both sides of the crossing, the crossing level as last published by FRA in the control or law enforcement authority is considered a public crossing for Federal Register. responsible for safety at the highway- rail grade crossing. The calculation of purposes of this part. New Partial Quiet Zone means a risk reduction credit for pre-existing segment of a rail line within which is Quiet zone means a segment of a rail modified SSMs is addressed in line, within which is situated one or a situated one or a number of consecutive appendix B of this part. public highway-rail crossings at which number of consecutive public highway- locomotive horns are not routinely rail crossings at which locomotive horns Pre-existing Supplementary Safety are not routinely sounded. sounded between the hours of 10 p.m. Measure (Pre-existing SSM) means a and 7 a.m., but are routinely sounded safety system or procedure established Quiet Zone Risk Index means a during the remaining portion of the day, in accordance with this part before measure of risk to the motoring public and which does not qualify as a Pre-December 18, 2003 which was provided which reflects the Crossing Corridor Rule Partial Quiet Zone. by the appropriate traffic control or law Risk Index for a quiet zone, after New Quiet Zone means a segment of enforcement authority responsible for adjustment to account for increased risk a rail line within which is situated one safety at the highway-rail grade due to lack of locomotive horn use at or a number of consecutive public crossing. These safety measures must the crossings within the quiet zone (if highway-rail grade crossings at which fully comply with the SSM horns are presently sounded at the routine sounding of locomotive horns is requirements set forth in appendix A of crossings) and reduced risk due to restricted pursuant to this part and this part. The calculation of risk implementation, if any, of SSMs and which does not qualify as either a Pre-reduction credit for qualifying pre-ASMs with the quiet zone. The Rule Quiet Zone or Intermediate Quiet existing SSMs is addressed in appendix calculation of the Quiet Zone Risk Zone. A. Index, which is explained in appendix VerDate jul<14>2003 19:03 Apr 26, 2005Jkt 205001PO 00000Frm 00048Fmt 4701Sfmt 4700E:\\FR\\FM\\27APR2.SGM27APR2 Federal Register/Vol. 70, No. 80/Wednesday, April 27, 2005/Rules and Regulations 21891 D of this part, does not differ for partial casualties. Appendix A of this part lists explain why applying the requirement such SSMs. quiet zones.that a joint submission be made in that Waiver means a temporary or instance would not be likely to Railroad means any form of non- permanent modification of some or all contribute significantly to public safety. highway ground transportation that runs of the requirements of this part as they If the Associate Administrator on rails or electromagnetic guideways apply to a specific party under a specific determines that applying the and any entity providing such set of facts. Waiver does not refer to the requirement for a jointly filed transportation, including: process of establishing quiet zones or submission to that particular petition (1) Commuter or other short-haul approval of quiet zones in accordance would not be likely to significantly railroad passenger service in a with the provisions of this part. contribute to public safety, the metropolitan or suburban area and Wayside horn means a stationary horn Associate Administrator shall waive the commuter railroad service that was located at a highway rail grade crossing, requirement for joint submission and operated by the Consolidated Rail designed to provide, upon the approach accept the petition for consideration.. Corporation on January 1, 1979; and of a locomotive or train, audible The filing party must also provide the (2) High speed ground transportation warning to oncoming motorists of the other party with a copy of the petition systems that connect metropolitan areas, approach of a train. filed with FRA. without regard to whether those systems (c) Each petition for waiver must be use new technologies not associated §222.11What are the penalties for failure filed in accordance with 49 CFR part with traditional railroads; but does not to comply with this regulation? 211. include rapid transit operations in an Any person who violates any (d) If the Administrator finds that a urban area that are not connected to the requirement of this part or causes the waiver of compliance with a provision general railroad system of violation of any such requirement is of this part is in the public interest and transportation. subject to a civil penalty of least $550 consistent with the safety of highway Recognized State agency means, for and not more than $11,000 per and railroad users, the Administrator purposes of this part, a State agency, violation, except that: penalties may be may grant the waiver subject to any responsible for highway-rail grade assessed against individuals only for conditions the Administrator deems crossing safety or highway and road willful violations, and, where a grossly necessary. safety, that has applied for and been negligent violation or a pattern of approved by FRA as a participant in the repeated violations has created an §222.17How can a State agency become quiet zone development process. imminent hazard of death or injury to a recognized State agency? Relevant collision means a collision at persons, or has caused death or injury, (a) Any State agency responsible for a highway-rail grade crossing between a a penalty not to exceed $27,000 per highway-rail grade crossing safety and/ train and a motor vehicle, excluding the violation may be assessed. Each day a or highway and road safety may become following: a collision resulting from an violation continues shall constitute a a recognized State agency by submitting activation failure of an active grade separate offense. Any person who an application to the Associate crossing warning system; a collision in knowingly and willfully falsifies a Administrator that contains: record or report required by this part which there is no driver in the motor (1) A detailed description of the may be subject to criminal penalties vehicle; or a collision in which the proposed scope of involvement in the under 49 U.S.C. 21311. Appendix G of highway vehicle struck the side of the quiet zone development process; this part contains a schedule of civil train beyond the fourth locomotive unit (2) The name, address, and telephone penalty amounts used in connection or rail car. With respect to Pre-Rule number of the person(s) who may be with this part. Partial Quiet Zones, a relevant collision contacted to discuss the State agency shall not include collisions that occur §222.13Who is responsible for application; and during the time period within which the compliance? (3) A statement from State agency locomotive horn is routinely sounded. Any person, including but not limited counsel which affirms that the State Risk Index With Horns means a to a railroad, contractor for a railroad, or agency is authorized to undertake the measure of risk to the motoring public a local or State governmental entity that responsibilities proposed in its when locomotive horns are routinely performs any function covered by this application. sounded at every public highway-rail part, must perform that function in (b) The Associate Administrator will grade crossing within a quiet zone. In accordance with this part. approve the application if, in the Pre-Rule Quiet Zones and Pre-Rule Associate Administrator È s judgment, the Partial Quiet Zones, the Risk Index With §222.15How does one obtain a waiver of proposed scope of State agency a provision of this regulation? Horns is determined by adjusting the involvement will facilitate safe and Crossing Corridor Risk Index to account (a) Except as provided in paragraph effective quiet zone development. The for the decreased risk that would result (b) of this section, two parties must Associate Administrator may include in if locomotive horns were routinely jointly file a petition (request) for a any decision of approval such sounded at each public highway-rail waiver. They are the railroad owning or conditions as he/she deems necessary grade crossing. controlling operations over the railroad and appropriate. Supplementary safety measure (SSM) tracks crossing the public highway-rail means a safety system or procedure grade crossing and the public authority Subpart B—Use of Locomotive Horns established in accordance with this part which has jurisdiction over the roadway §222.21When must a locomotive horn be which is provided by the appropriate crossing the railroad tracks. used? traffic control authority or law (b) If the railroad and the public enforcement authority responsible for authority cannot reach agreement to file (a) Except as provided in this part, the safety at the highway-rail grade a joint petition, either party may file a locomotive horn on the lead locomotive crossing, that is determined by the request for a waiver; however, the filing of a train, lite locomotive consist, Associate Administrator to be an party must specify in its petition the individual locomotive, or lead cab car effective substitute for the locomotive steps it has taken in an attempt to reach shall be sounded when such locomotive horn in the prevention of highway-rail agreement with the other party, and or lead cab car is approaching a public VerDate jul<14>2003 19:03 Apr 26, 2005Jkt 205001PO 00000Frm 00049Fmt 4701Sfmt 4700E:\\FR\\FM\\27APR2.SGM27APR2 21892 Federal Register/Vol. 70, No. 80/Wednesday, April 27, 2005/Rules and Regulations highway-rail grade crossing. Sounding and use of the horn is required by one by State law, and shall be equipped of the locomotive horn with two long, of the following sections of this chapter: with advance warning signs in one short, and one long blast shall be ¤¤234.105, 234.106, or 234.107; or compliance with ¤222.35(c) of this part. initiated at a location so as to be in (3) When grade crossing warning §222.27How does this rule affect accordance with paragraph (b) of this systems are temporarily out of service pedestrian crossings? section and shall be repeated or during inspection, maintenance, or prolonged until the locomotive or train testing of the system. This rule does not require the routine occupies the crossing. This pattern may (c) Nothing in this part restricts the sounding of locomotive horns at be varied as necessary where crossings use of the locomotive horn for purposes pedestrian crossings. Except as specified are spaced closely together. other than highway-rail crossing safety in this section, this part is not meant to (b)(1) Except as provided in paragraph (e.g., to announce the approach of a address the subject of pedestrian (b)(2) of this section, the locomotive train to roadway workers in accordance crossings and is not intended to affect horn shall begin to be sounded at least with a program adopted under part 214 State or local laws or orders, or private 15 seconds, but no more than 20 of this chapter, or where required for contractual or other arrangements, seconds, before the locomotive enters other purposes under railroad operating regarding the routine sounding of the crossing. rules). locomotive horns at pedestrian (2) Trains, locomotive consists, and crossings. §222.25How does this rule affect private individual locomotives traveling at highway-rail grade crossings? (a) Pedestrian crossings may be speeds in excess of 45 mph shall not This rule does not require the routine included in a quiet zone. begin sounding the horn more than one- sounding of locomotive horns at private quarter mile (1,320 feet) in advance of (b) Pedestrian crossings that are highway-rail grade crossings. Except as the nearest public highway-rail grade located in New Quiet Zones or New specified in this section, this part is not crossing, even if the advance warning Partial Quiet Zones may be included in meant to address the subject of private provided by the locomotive horn will be a quiet zone only if a diagnostic team grade crossings and is not intended to less than 15 seconds in duration. evaluates the crossings and the affect present State or local laws or (c) As stated in ¤222.3(c) of this part, crossings are equipped or treated in orders, or private contractual or other this section does not apply to any accordance with the recommendations arrangements regarding the routine Chicago Region highway-rail grade of such diagnostic team. sounding of locomotive horns at private crossing at which railroads were highway-rail grade crossings. (c) The public authority shall provide excused from sounding the locomotive (a) Private highway-rail grade the State agency responsible for grade horn by the Illinois Commerce crossings may be included in a quiet crossing safety and all affected railroads Commission, and where railroads did zone. an opportunity to participate in not sound the horn, as of December 18, (b)(1) Private highway-rail grade diagnostic team reviews of pedestrian 2003. crossings that are located in New Quiet crossings. §222.23How does this regulation affect Zones or New Partial Quiet Zones and (d) Advance warning signs. (1) Each sounding of a horn during an emergency or allow access to the public, or which pedestrian crossing within a New Quiet other situations? provide access to active industrial or Zone shall be equipped with a sign that (a)(1) Notwithstanding any other commercial sites, may be included in a advises the pedestrian that train horns provision of this part, a locomotive quiet zone only if a diagnostic team are not sounded at the crossing. Such engineer may sound the locomotive evaluates the crossing and the crossing sign shall conform to the standards horn to provide a warning to animals, is equipped or treated in accordance contained in the MUTCD. vehicle operators, pedestrians, with the recommendations of such trespassers or crews on other trains in (2) Each pedestrian crossing within a diagnostic team. an emergency situation if, in the New Partial Quiet Zone shall be (2) The public authority shall provide locomotive engineer È s sole judgment, equipped with a sign that advises the the State agency responsible for grade such action is appropriate in order to pedestrian that train horns are not crossing safety and all affected railroads prevent imminent injury, death, or an opportunity to participate in the sounded at the crossing between the property damage. diagnostic team review of private hours of 10 p.m. and 7 a.m. Such sign (2) Notwithstanding any other highway-rail grade crossings. shall conform to the standards provision of this part, including (c)(1) At a minimum, every private contained in the MUTCD. provisions addressing the establishment highway-rail grade crossing within a (3) Each pedestrian crossing within a of a quiet zone, limits on the length of New Quiet Zone or New Partial Quiet Pre-Rule Quiet Zone shall be equipped time in which a horn may be sounded, Zone shall be marked by a crossbuck by June 24, 2008 with a sign that advises or installation of wayside horns within and a ÇÇ STOP ÈÈ sign, which are the pedestrian that train horns are not quiet zones, this part does not preclude compliant with MUTCD standards sounded at the crossing. Such sign shall the sounding of locomotive horns in unless otherwise prescribed by State conform to the standards contained in emergency situations, nor does it law, and shall be equipped with the MUTCD. impose a legal duty to sound the advance warning signs in compliance (4) Each pedestrian crossing within a locomotive horn in such situations. with ¤222.35(c) of this part. Pre-Rule Partial Quiet Zone shall be (b) Nothing in this part restricts the (2) At a minimum, every private use of the locomotive horn in the equipped by June 24, 2008 with a sign highway-rail grade crossing within a following situations: that advises the pedestrian that train Pre-Rule Quiet Zone or Pre-Rule Partial horns are not sounded at the crossing (1) When a wayside horn is Quiet Zone shall, by June 24, 2008, be malfunctioning; for a specified period of time. Such sign marked by a crossbuck and a ÇÇ STOP ÈÈ shall conform to the standards (2) When active grade crossing sign, which are compliant with MUTCD warning devices have malfunctioned standards unless otherwise prescribed contained in the MUTCD. VerDate jul<14>2003 19:03 Apr 26, 2005Jkt 205001PO 00000Frm 00050Fmt 4701Sfmt 4700E:\\FR\\FM\\27APR2.SGM27APR2 Federal Register/Vol. 70, No. 80/Wednesday, April 27, 2005/Rules and Regulations 21893 zone of at least one-half mile in length that train horns are not sounded at the Subpart C—Exceptions to the Use of in order to retain Pre-Rule Quiet Zone crossing between the hours of 10 p.m. the Locomotive Horn or Pre-Rule Partial Quiet Zone status. and 7 a.m. Such sign shall conform to §222.31\[Reserved\] (3) A quiet zone may include the standards contained in the MUTCD. highway-rail grade crossings on a (3) Each highway approach to every Silenced Horns at Individual Crossings segment of rail line crossing more than public and private highway-rail grade §222.33Can locomotive horns be silenced one political jurisdiction. crossing within a Pre-Rule Quiet Zone at an individual public highway-rail grade (b) Active grade crossing warning shall be equipped by June 24, 2008 with crossing which is not within a quiet zone? devices. (1) Each public highway-rail an advance warning sign that advises (a) A railroad operating over an grade crossing in a New Quiet Zone the motorist that train horns are not individual public highway-rail crossing established under this part must be sounded at the crossing. Such sign shall may, at its discretion, cease the equipped, no later than the quiet zone conform to the standards contained in sounding of the locomotive horn if the implementation date, with active grade the MUTCD. locomotive speed is 15 miles per hour crossing warning devices comprising (4) Each highway approach to every or less and train crew members, or both flashing lights and gates which public and private highway-rail grade appropriately equipped flaggers, as control traffic over the crossing and that crossing within a Pre-Rule Partial Quiet defined in 49 CFR 234.5, flag the conform to the standards contained in Zone shall be equipped by June 24, 2008 crossing to provide warning of the MUTCD. Such warning devices shall with an advance warning sign that approaching trains to motorists. be equipped with constant warning time advises the motorist that train horns are (b) This section does not apply where devices, if reasonably practical, and not sounded at the crossing for a active grade crossing warning devices power-out indicators. specified period of time. Such sign shall have malfunctioned and use of the horn (2) With the exception of public conform to the standards contained in is required by 49 CFR 234.105, 234.106, highway-rail grade crossings that will be the MUTCD. or 234.107. temporarily closed in accordance with (d) Bells. (1) Each public highway-rail appendix A of this part, each public grade crossing in a New Quiet Zone or Silenced Horns at Groups of highway-rail grade crossing in a New New Partial Quiet Zone that is subjected Crossings—Quiet Zones Partial Quiet Zone established under to pedestrian traffic and equipped with this part must be equipped, no later §222.35What are the minimum one or more automatic bells shall retain requirements for quiet zones? than the quiet zone implementation those bells in working condition. date, with active grade crossing warning The following requirements apply to (2) Each public highway-rail grade devices comprising both flashing lights quiet zones established in conformity crossing in a Pre-Rule Quiet Zone or and gates which control traffic over the with this part. Pre-Rule Partial Quiet Zone that is crossing and that conform to the (a) Minimum length. (1)(i) Except as subjected to pedestrian traffic and standards contained in the MUTCD. provided in paragraphs (a)(1)(ii) of this equipped with one or more automatic Such warning devices shall be equipped section, the minimum length of a New bells shall retain those bells in working with constant warning time devices, if Quiet Zone or New Partial Quiet Zone condition. reasonably practical, and power-out established under this part shall be one- (e) All private crossings within the indicators. half mile along the length of railroad quiet zone must be treated in (3) Pre-Rule Quiet Zones and Pre-Rule right-of-way. accordance with this section and Partial Quiet Zones must retain, and (ii) The one-half mile minimum ¤222.25 of this part. may upgrade, the grade crossing safety length requirement shall be waived for (f) All pedestrian crossings within a warning system which existed as of any New Quiet Zone or New Partial quiet zone must be treated in December 18, 2003. Any upgrade Quiet Zone that is added onto an accordance with ¤222.27 of this part. involving the installation or renewal of existing quiet zone, provided there is no (g) All public crossings within the an automatic warning device system public highway-rail grade crossing at quiet zone must be in compliance with shall include constant warning time which locomotive horns are routinely the requirements of the MUTCD. devices, where reasonably practical, and sounded within one-half mile of the §222.37Who may establish a quiet zone? power-out indicators. In no event may New Quiet Zone or New Partial Quiet (a) A public authority may establish the grade crossing safety warning Zone. quiet zones that are consistent with the (2)(i) The length of a Pre-Rule Quiet system, which existed as of December provisions of this part. If a proposed Zone or Pre-Rule Partial Quiet Zone 18, 2003, be downgraded. Risk quiet zone includes public grade may continue unchanged from that reduction resulting from upgrading to crossings under the authority and which existed as of October 9, 1996. flashing lights or gates may be credited (ii) With the exception of combining control of more than one public in calculating the Quiet Zone Risk authority (such as a county road and a two adjacent Pre-Rule Quiet Zones or Index. State highway crossing the railroad Pre-Rule Partial Quiet Zones, the (c) Advance warning signs. (1) Each addition of any public crossing to a Pre-highway approach to every public and tracks at different crossings), both public authorities must agree to Rule Quiet Zone or Pre-Rule Partial private highway-rail grade crossing establishment of the quiet zone, and Quiet Zone shall end the grandfathered within a New Quiet Zone shall be status of that quiet zone and transform equipped with an advance warning sign must jointly, or by delegation provided to one of the authorities, take such it into a New Quiet Zone or New Partial that advises the motorist that train horns actions as are required by this part. Quiet Zone that must comply with all are not sounded at the crossing. Such (b) A public authority may establish requirements applicable to New Quiet sign shall conform to the standards quiet zones irrespective of State laws Zones and New Partial Quiet Zones. contained in the MUTCD. (iii) The deletion of any public (2) Each highway approach to every covering the subject matter of sounding crossing from a Pre-Rule Quiet Zone or public and private highway-rail grade or silencing locomotive horns at public Pre-Rule Partial Quiet Zone, with the crossing in a New Partial Quiet Zone highway-rail grade crossings. Nothing in exception of a grade separation or shall be equipped with an advance this part, however, is meant to affect any crossing closure, must result in a quiet warning sign that advises the motorist other applicable role of State agencies or VerDate jul<14>2003 19:03 Apr 26, 2005Jkt 205001PO 00000Frm 00051Fmt 4701Sfmt 4700E:\\FR\\FM\\27APR2.SGM27APR2 21894 Federal Register/Vol. 70, No. 80/Wednesday, April 27, 2005/Rules and Regulations the Federal Highway Administration in designation under paragraph (a) of this operating over the public highway-rail section, but in which it is proposed that grade crossings within the quiet zone; decisions regarding funding or construction priorities for grade crossing one or more safety measures be the highway or traffic control or law implemented. Such proposed quiet zone enforcement authority having safety projects, selection of traffic may include only ASMs, or a jurisdiction over vehicular traffic at control devices, or engineering combination of ASMs and SSMs at grade crossings within the quiet zone; standards for roadways or traffic control various crossings within the quiet zone. the landowner having control over any devices. Note that an engineering improvement private crossings within the quiet zone; (c) A State agency may provide which does not fully comply with the the State agency responsible for administrative and technical services to highway and road safety; the State requirements for an SSM under public authorities by advising them, appendix A of this part, is considered to agency responsible for grade crossing acting on their behalf, or acting as a safety; and the Associate Administrator. be an ASM. The public authority È s central contact point in dealing with (ii) Except as provided in paragraph application must: FRA; however, any public authority (b)(3)(iii) of this section, any party that (i) Contain an accurate, complete and eligible to establish a quiet zone under receives a copy of the public authority current Grade Crossing Inventory Form this part may do so. application may submit comments on for each public and private highway-rail §222.38Can a quiet zone be created in the the public authority application to the grade crossing within the proposed Chicago Region? Associate Administrator during the 60- quiet zone; Public authorities that are eligible to (ii) Contain sufficient detail day period after the date on which the establish quiet zones under this part public authority application was concerning the present safety measures may create New Quiet Zones or New mailed. at each public highway-rail grade Partial Quiet Zones in the Chicago (iii) If the public authority application crossing proposed to be included in the Region, provided the New Quiet Zone or for FRA approval contains written quiet zone to enable the Associate New Partial Quiet Zone does not statements from each railroad operating Administrator to evaluate their include any highway-rail grade crossing over the public highway-rail grade effectiveness; described in ¤222.3(c) of this part.crossings within the quiet zone, the (iii) Contain detailed information highway or traffic control authority or about diagnostic team reviews of any §222.39How is a quiet zone established? law enforcement authority having crossing within the proposed quiet (a) Public authority designation. This jurisdiction over vehicular traffic at zone, including a membership list and paragraph (a) describes how a quiet grade crossings within the quiet zone, a list of recommendations made by the zone may be designated by a public the State agency responsible for grade diagnostic team; authority without the need for formal crossing safety, and the State agency (iv) Contain a statement describing application to, and approval by, FRA. If responsible for highway and road safety efforts taken by the public authority to a public authority complies with either stating that the railroad, vehicular traffic work with each railroad operating over paragraph (a)(1), (a)(2), or (a)(3) of this authority and State agencies have the public highway-rail grade crossings section, and complies with the waived their rights to provide comments within the quiet zone and the State information and notification provisions on the public authority application, the agency responsible for grade crossing of ¤222.43 of this part, a public 60-day comment period under safety. This statement shall also list any authority may designate a quiet zone paragraph (b)(3)(ii) of this section shall objections to the proposed quiet zone without the necessity for FRA review be waived. that were raised by the railroad(s) and and approval. (4)(i) After reviewing any comments State agency; (1) A quiet zone may be established submitted under paragraph (b)(3)(ii) of (v) Contain detailed information as to by implementing, at every public this section, the Associate which SSMs and ASMs are proposed to highway-rail grade crossing within the Administrator will approve the quiet be implemented at each public or quiet zone, one or more SSMs identified zone if, in the Associate Administrator È s private highway-rail grade crossing in appendix A of this part. judgment, the public authority is in within the proposed quiet zone; (2) A quiet zone may be established if (vi) Contain a commitment to compliance with paragraphs (b)(1) and the Quiet Zone Risk Index is at, or implement the proposed safety (b)(2) of this section and has below, the Nationwide Significant Risk measures within the proposed quiet satisfactorily demonstrated that the Threshold, as follows: zone; and SSMs and ASMs proposed by the public (i) If the Quiet Zone Risk Index is (vii) Demonstrate through data and authority result in a Quiet Zone Risk already at, or below, the Nationwide analysis that the proposed Index that is either: Significant Risk Threshold without implementation of these measures will (A) At or below the Risk Index With being reduced by implementation of cause a reduction in the Quiet Zone Horns or (B) At or below the Nationwide SSMs; or Risk Index to, or below, either the Risk (ii) If SSMs are implemented which Significant Risk Threshold. Index With Horns or the Nationwide (ii) The Associate Administrator may are sufficient to reduce the Quiet Zone Significant Risk Threshold. include in any decision of approval Risk Index to a level at, or below, the (2) If the proposed quiet zone contains such conditions as may be necessary to Nationwide Significant Risk Threshold. newly established public or private ensure that the proposed safety (3) A quiet zone may be established if highway-rail grade crossings, the public improvements are effective. If the SSMs are implemented which are authority È s application for approval Associate Administrator does not sufficient to reduce the Quiet Zone Risk must also include five-year projected approve the quiet zone, the Associate Index to a level at or below the Risk vehicle and rail traffic counts for each Administrator will describe, in the Index With Horns. newly established grade crossing; (b) Public authority application to (3) 60-day comment period. (i) The decision, the basis upon which the FRA. (1) A public authority may apply public authority application for FRA decision was made. Decisions issued by to the Associate Administrator for approval of the proposed quiet zone the Associate Administrator on quiet approval of a quiet zone that does not shall be provided, by certified mail, zone applications shall be provided to meet the standards for public authority return receipt requested, to: all railroads all parties listed in paragraph (b)(3)(i) of VerDate jul<14>2003 19:03 Apr 26, 2005Jkt 205001PO 00000Frm 00052Fmt 4701Sfmt 4700E:\\FR\\FM\\27APR2.SGM27APR2 Federal Register/Vol. 70, No. 80/Wednesday, April 27, 2005/Rules and Regulations 21895 this section and may be reviewed as Threshold and there have been no Quiet Zone establishment in accordance relevant collisions at any public grade provided in ¤¤222.57(b) and (d) of this with ¤222.43 and has complied with part. crossing within the quiet zone for the the requirements of ¤¤222.25(c), (c) Appendix C of this part contains five years preceding April 27, 2005. 222.27(d), and 222.35 by June 24, 2008. (3) Locomotive horn restrictions may guidance on how to create a quiet zone.With respect to Pre-Rule Partial Quiet Zones, collisions that occurred during continue for an additional three years §222.41How does this rule affect Pre-Rule the time period within which the beyond the five-year period permitted Quiet Zones and Pre-Rule Partial Quiet locomotive horn was routinely sounded by paragraph (b)(2)(i) of this section, if: Zones? (i) Prior to June 24, 2008, the shall not be considered ÇÇ relevant (a) Pre-Rule Quiet Zones that will be appropriate State agency provides to the collisions ÈÈ; or established by automatic approval. (1) A (iv) The Quiet Zone Risk Index as last Associate Administrator: a Pre-Rule Quiet Zone may be established published by FRA in the Federal comprehensive State-wide by automatic approval and remain in Register is at, or below, the Risk Index implementation plan and funding effect, subject to ¤222.51, if the Pre-Rule With Horns. commitment for implementing Quiet Zone is in compliance with (2) The public authority shall provide improvements at Pre-Rule Quiet Zones ¤¤222.35 (minimum requirements for Notice of Quiet Zone Establishment, in and Pre-Rule Partial Quiet Zones which, quiet zones) and 222.43 of this part accordance with ¤222.43 of this part, no when implemented, would enable them (notice and information requirements) later than December 24, 2005. to qualify for a quiet zone under this and the Pre-Rule Quiet Zone: (c) Pre-Rule Quiet Zones and Pre-Rule part; and (i) Has at every public highway-rail Partial Quiet Zones that will not be (ii) Prior to June 24, 2009, either grade crossing within the quiet zone one established by automatic approval. (1) If physical improvements are initiated at a or more SSMs identified in appendix A a Pre-Rule Quiet Zone or Pre-Rule portion of the crossings within the quiet of this part; Partial Quiet Zone will not be zone, or the appropriate State agency (ii) The Quiet Zone Risk Index as last established by automatic approval has participated in quiet zone published by FRA in the Federal under paragraph (a) or (b) of this improvements in one or more Register is at, or below, the Nationwide section, existing restrictions may, at the jurisdictions elsewhere within the State. Significant Risk Threshold; or public authority È s discretion, remain in (4) In the event that the safety (iii) The Quiet Zone Risk Index as last place on an interim basis under the improvements planned for the quiet published by FRA in the Federal provisions of this paragraph (c) and zone require approval of FRA under Register is above the Nationwide upon compliance with ¤222.43 (notice ¤222.39(b) of this part, the public Significant Risk Threshold but less than and information requirements) of this authority should apply for such twice the Nationwide Significant Risk part. Continuation of a quiet zone approval prior to December 24, 2007, to Threshold and there have been no beyond the interim periods specified in ensure that FRA has ample time in relevant collisions at any public grade this paragraph will require which to review such application prior crossing within the quiet zone for the implementation of SSMs or ASMs in to the end of the extension period. five years preceding April 27, 2005 or accordance with ¤222.39 of this part (d) Pre-Rule Partial Quiet Zones that (iv) The Quiet Zone Risk Index as last and compliance with the requirements will be converted to 24-hour Quiet published by FRA in the Federal set forth in ¤¤222.25(c), 222.27(d), and Zones. A Pre-Rule Partial Quiet Zone Register is at, or below, the Risk Index 222.35 of this part. may be converted to a 24-hour quiet (2)(i) In order to provide time for the With Horns. zone if the quiet zone is brought into public authority to plan for and (2) The public authority shall provide compliance with the New Quiet Zone implement quiet zones that are in Notice of Quiet Zone Establishment, in requirements set forth in ¤¤222.25, compliance with the requirements of accordance with ¤222.43 of this part, no 222.27, 222.35 and 222.39 of this part this part, a public authority may later than December 24, 2005. and notification of the establishment of continue locomotive horn restrictions at (b) Pre-Rule Partial Quiet Zones that a New 24-hour Quiet Zone is provided Pre-Rule Quiet Zones and Pre-Rule will be established by automatic in accordance with ¤222.43 of this part. Partial Quiet Zones for a period of five approval. years from June 24, 2005, provided the (1) A Pre-Rule Partial Quiet Zone may §222.42How does this rule affect Intermediate Quiet Zones and Intermediate public authority has, within three years be established by automatic approval Partial Quiet Zones? and remain in effect, subject to ¤222.51 of June 24, 2005, filed with the (a) Existing restrictions may, at the Associate Administrator a detailed plan of this part, if the Pre-Rule Partial Quiet public authority È s discretion, remain in for establishing a quiet zone under this Zone is in compliance with ¤¤222.35 place within the Intermediate Quiet (minimum requirements for quiet zones) part, including, in the case of a plan Zone or Intermediate Partial Quiet Zone requiring approval under ¤222.39(b) of and 222.43 (notice and information until June 24, 2006, provided the public this part, all of the required elements of requirements) of this part and the Pre- authority complies with ¤222.43 (notice Rule Partial Quiet Zone: filings under that paragraph together and information requirements) of this (i) Has at every public highway-rail with a timetable for implementation of grade crossing within the quiet zone one part. Continuation of the quiet zone safety improvements. (ii) If, during the three-year period or more SSMs identified in appendix A beyond June 24, 2006 will require after June 24, 2005, the Quiet Zone Risk implementation of SSMs or ASMs in of this part; Index for the Pre-Rule Quiet Zone or (ii) The Quiet Zone Risk Index as last accordance with ¤222.39 of this part Pre-Rule Partial Quiet Zone has fallen to published by FRA in the Federal and compliance with the New Quiet a level at or below the Nationwide Register is at, or below, the Nationwide Zone standards set forth in ¤¤222.25, Significant Risk Threshold, the Pre-Rule Significant Risk Threshold; or 222.27 and 222.35 of this part. (iii) The Quiet Zone Risk Index as last Quiet Zone or Pre-Rule Partial Quiet (b) Conversion of Intermediate Partial published by FRA in the Federal Zone may remain in effect, subject to Quiet Zones into 24-hour New Quiet Register is above the Nationwide ¤222.51 of this part, provided the Zones. An Intermediate Partial Quiet Significant Risk Threshold but less than public authority provides notification of Zone may be converted into a 24-hour twice the Nationwide Significant Risk Pre-Rule Quiet Zone or Pre-Rule Partial New Quiet Zone when the quiet zone is VerDate jul<14>2003 19:03 Apr 26, 2005Jkt 205001PO 00000Frm 00053Fmt 4701Sfmt 4700E:\\FR\\FM\\27APR2.SGM27APR2 21896 Federal Register/Vol. 70, No. 80/Wednesday, April 27, 2005/Rules and Regulations brought into compliance with the New vehicular traffic at grade crossings of this part is mailed after June 3, 2005, Quiet Zone requirements set forth in within the quiet zone; the landowner the Notice of Quiet Zone Continuation ¤¤222.25, 222.27, 222.35 and 222.39 having control over any private shall state the date on which locomotive (requirements for quiet zone crossings within the quiet zone; the horn use at highway-rail grade crossings establishment) of this part, provided State agency responsible for highway within the quiet zone shall cease, but in notification of New Quiet Zone and road safety; the State agency no event shall that date be earlier than establishment is provided in accordance responsible for grade crossing safety; 21 days after the date of mailing. with ¤222.43 (notice and information (2) Required contents. The Notice of and the Associate Administrator. requirements) of this part.(b) Notice of Intent. (1) Required Quiet Zone Continuation shall include Contents. The Notice of Intent shall the following: §222.43What notices and other (i) A list of each public highway-rail include the following: information are required to create or (i) A list of each public highway-rail grade crossing, private highway-rail continue a quiet zone? grade crossing, private highway-rail grade crossing, and pedestrian crossing (a)(1) The public authority shall grade crossing, and pedestrian crossing within the quiet zone, identified by both provide written notice, by certified mail, that would be included within the U.S. DOT National Highway-Rail Grade return receipt requested, of its intent to proposed quiet zone, identified by both Crossing Inventory Number and street or create a New Quiet Zone or New Partial U.S. DOT National Highway-Rail Grade highway name. Quiet Zone under ¤222.39 of this part. (ii) A specific reference to the Crossing Inventory Number and street or Such notification shall be provided to: regulatory provision that provides the highway name. all railroads operating over the public (ii) A statement of the time period basis for quiet zone continuation, citing highway-rail grade crossings within the within which restrictions would be as appropriate, ¤222.41 or 222.42 of this quiet zone; the State agency responsible imposed on the routine sounding of the part. for highway and road safety; and the (iii) A statement of the time period locomotive horn imposed (i.e., 24 hours State agency responsible for grade within which restrictions on the routine or from 10 p.m. until 7 a.m.) crossing safety. (iii) A brief explanation of the public sounding of the locomotive horn will be (2) The public authority shall provide authority È s tentative plans for imposed (i.e., 24 hours or nighttime written notification, by certified mail, implementing improvements within the hours only.) return receipt requested, to continue a (iv) An accurate and complete Grade proposed quiet zone. Pre-Rule Quiet Zone or Pre-Rule Partial (iv) The name and title of the person Crossing Inventory Form for each public Quiet Zone under ¤222.41 of this part who will act as point of contact during highway-rail grade crossing, private or to continue an Intermediate Quiet the quiet zone development process and highway-rail grade crossing, and Zone or Intermediate Partial Quiet Zone the manner in which that person can be pedestrian crossing within the quiet under ¤222.42 of this part. Such contacted. zone that reflects conditions currently notification shall be provided to: all (v) A list of the names and addresses existing at the crossing. railroads operating over the public of each party that will receive (v) The name and title of the person highway-rail grade crossings within the notification in accordance with responsible for monitoring compliance quiet zone; the highway or traffic paragraph (a)(1) of this section. with the requirements of this part and control or law enforcement authority (2) 60-day comment period. (i) A the manner in which that person can be having jurisdiction over vehicular traffic party that receives a copy of the public contacted. at grade crossings within the quiet zone; authority È s Notice of Intent may submit (vi) A list of the names and addresses the landowner having control over any information or comments about the of each party that will receive private crossings within the quiet zone; proposed quiet zone to the public notification in accordance with the State agency responsible for authority during the 60-day period after paragraph (a)(2) of this section. highway and road safety; the State (vii) A statement signed by the chief the date on which the Notice of Intent agency responsible for grade crossing executive officer of each public was mailed. safety; and the Associate Administrator. (ii) The 60-day comment period authority participating in the (3) The public authority shall provide established under paragraph (b)(2)(i) of continuation of the quiet zone, in which written notice, by certified mail, return this section may terminate when the the chief executive officer certifies that receipt requested, of its intent to file a public authority obtains from each the information submitted by the public detailed plan for a Pre-Rule Quiet Zone railroad operating over public grade authority is accurate and complete to or Pre-Rule Partial Quiet Zone in crossings within the proposed quiet the best of his/her knowledge and belief. accordance with ¤222.41(c)(2) of this (d) Notice of Detailed Plan. (1) zone, the State agency responsible for part. Such notification shall be provided Timing. The Notice of Detailed Plan grade crossing safety, and the State to: all railroads operating over the shall be served no later than four agency responsible for highway and public highway-rail grade crossings months before the filing of the detailed road safety: within the quiet zone; the State agency (A) Written comments; or plan under ¤222.41(c)(2) of this part. responsible for highway and road safety; (B) Written statements that the (2) Required contents. The Notice of and the State agency responsible for railroad and State agency do not have Detailed Plan shall include the grade crossing safety. any comments on the Notice of Intent following: (4) The public authority shall provide (i) A list of each public highway-rail (ÇÇ no-comment statements ÈÈ.) written notice, by certified mail, return (c) Notice of Quiet Zone Continuation. grade crossing, private highway-rail receipt requested, of the establishment (1) Timing. (i) In order to prevent the grade crossing, and pedestrian crossing of a quiet zone under ¤222.39 or 222.41 resumption of locomotive horn that is included in the quiet zone, of this part. Such notification shall be sounding on June 24, 2005, the Notice identified by both U.S. DOT National provided to: all railroads operating over of Quiet Zone Continuation under Highway-Rail Grade Crossing Inventory the public highway-rail grade crossings ¤222.41 or 222.42 of this part shall be Number and street or highway name. within the quiet zone; the highway or (ii) A statement of the time period served no later than June 3, 2005. traffic control or law enforcement (ii) If the Notice of Quiet Zone within which restrictions would be authority having jurisdiction over Continuation under ¤222.41 or 222.42 imposed on the routine sounding of the VerDate jul<14>2003 19:03 Apr 26, 2005Jkt 205001PO 00000Frm 00054Fmt 4701Sfmt 4700E:\\FR\\FM\\27APR2.SGM27APR2 Federal Register/Vol. 70, No. 80/Wednesday, April 27, 2005/Rules and Regulations 21897 locomotive horn imposed (i.e., 24 hours (A) If the Notice contains a specific comments and/or ÇÇ no comment ÈÈ or nighttime hours only.) reference to ¤222.39(a)(2)(i), statements have been received from (iii) A brief explanation of the public 222.39(a)(2)(ii), 222.39(a)(3), each railroad operating over public authority È s tentative plans for 222.41(a)(1)(ii), 222.41(a)(1)(iii), grade crossings within the proposed implementing improvements within the 222.41(a)(1)(iv), 222.41(b)(1)(ii), quiet zone, the State agency responsible quiet zone. 222.41(b)(1)(iii), or 222.41(b)(1)(iv) of for grade crossing safety, and the State (iv) The name and title of the person this part, it shall include a copy of the agency responsible for highway and who will act as point of contact during FRA web page that contains the quiet road safety in accordance with the quiet zone development process and zone data upon which the public paragraph (b)(2)(ii) of this section. the manner in which that person can be (ix) If the public authority was authority is relying (http:// contacted. required to provide a Notice of Detailed www.fra.dot.gov/us/content/1337). (v) A list of the names and addresses (B) If the Notice contains a specific Plan in accordance with paragraph (a)(3) of each party that will receive reference to ¤222.39(b) of this part, it of this section, the Notice of Quiet Zone notification in accordance with shall include a copy of FRA È s Establishment shall contain a statement paragraph (a)(3) of this section. notification of approval. affirming that the Notice of Detailed (3) 60-day comment period. A party (iii) If a diagnostic team review was Plan was provided in accordance with that receives a copy of the public required under ¤222.25 or 222.27 of this paragraph (a)(3) of this section. This authority È s Notice of Detailed Plan may part, the Notice shall include a statement shall also state the date on submit information or comments about statement affirming that the State which the Notice of Detailed Plan was the proposed improvements to the agency responsible for grade crossing mailed. public authority during the 60-day safety and all affected railroads were (x) The name and title of the person period after the date on which the provided an opportunity to participate responsible for monitoring compliance Notice of Detailed Plan was mailed. in the diagnostic team review. The with the requirements of this part and (e) Notice of Quiet Zone Notice shall also include a list of the manner in which that person can be Establishment. (1) Timing. (i) The recommendations made by the contacted. Notice of Quiet Zone Establishment (xi) A list of the names and addresses diagnostic team. shall provide the date upon which (iv) A statement of the time period of each party that shall be notified in routine locomotive horn use at highway-within which restrictions on the routine accordance with paragraph (a)(4) of this section. rail grade crossings shall cease, but in sounding of the locomotive horn will be (xii) A statement signed by the chief no event shall the date be earlier than imposed (i.e., 24 hours or from 10 p.m. executive officer of each public 21 days after the date of mailing. until 7 a.m.) authority participating in the (ii) If the public authority was (v) An accurate and complete Grade establishment of the quiet zone, in required to provide a Notice of Intent, Crossing Inventory Form for each public which the chief executive officer shall in accordance with paragraph (a)(1) of highway-rail grade crossing, private certify that the information submitted this section, the Notice of Quiet Zone highway-rail grade crossing, and by the public authority is accurate and Establishment shall not be mailed less pedestrian crossing within the quiet complete to the best of his/her than 60 days after the date on which the zone that reflects the conditions existing knowledge and belief. Notice of Intent was mailed, unless the at the crossing before any new SSMs or Notice of Quiet Zone Establishment ASMs were implemented. §222.45When is a railroad required to (vi) An accurate, complete and contains a written statement affirming cease routine use of locomotive horns at current Grade Crossing Inventory Form that written comments and/or ÇÇ no- crossings? for each public highway-rail grade comment ÈÈ statements have been After notification from a public crossing, private highway-rail grade received from each railroad operating authority, pursuant to ¤222.43(e) of this crossing, and pedestrian crossing within over public grade crossings within the part, that a quiet zone is being the quiet zone that reflects SSMs and proposed quiet zone, the State agency established, a railroad shall cease ASMs in place upon establishment of responsible for grade crossing safety, routine use of the locomotive horn at all the quiet zone. SSMs and ASMs that and the State agency responsible for public and private highway-rail grade cannot be fully described on the highway and road safety in accordance crossings identified by the public Inventory Form shall be separately with paragraph (b)(2)(ii) of this section. authority upon the date set by the (2) Required contents. The Notice of described. public authority. (vii) If the public authority was Quiet Zone Establishment shall include required to provide a Notice of Intent, §222.47What periodic updates are the following: required? (i) A list of each public highway-rail in accordance with paragraph (a)(1) of grade crossing, private highway-rail this section, the Notice of Quiet Zone (a) Quiet zones with SSMs at each grade crossing, and pedestrian crossing Establishment shall contain a written public crossing. This paragraph within the quiet zone, identified by both statement affirming that the Notice of addresses quiet zones established U.S. DOT National Highway-Rail Grade Intent was provided in accordance with pursuant to ¤¤222.39(a)(1), Crossing Inventory Number and street or paragraph (a)(1) of this section. This 222.41(a)(1)(i), and 222.41(b)(1)(i) (quiet highway name. statement shall also state the date on zones with an SSM implemented at (ii) A specific reference to the which the Notice of Intent was mailed. every public crossing within the quiet 1 regulatory provision that provides the (viii) If the public authority was zone) of this part. Between 4 Ì 2 and 5 basis for quiet zone establishment, required to provide a Notice of Intent, years after the date of the quiet zone citing as appropriate, ¤222.39(a)(1), in accordance with paragraph (a)(1) of establishment notice provided by the 222.39(a)(2)(i), 222.39(a)(2)(ii), this section, and the Notice of Intent public authority under ¤222.43(e) of 1 222.39(a)(3), 222.39(b), 222.41(a)(1)(i), was mailed less than 60 days before the this part, and between 4 Ì 2 and 5 years 222.41(a)(1)(ii), 222.41(a)(1)(iii), mailing of the Notice of Quiet Zone after the last affirmation under this 222.41(a)(1)(iv), 222.41(b)(1)(i), Establishment, the Notice of Quiet Zone section, the public authority must: 222.41(b)(1)(ii), 222.41(b)(1)(iii), or Establishment shall also contain a (1) Affirm in writing to the Associate 222.41(b)(1)(iv) of this part. written statement affirming that written Administrator that the SSMs VerDate jul<14>2003 19:03 Apr 26, 2005Jkt 205001PO 00000Frm 00055Fmt 4701Sfmt 4700E:\\FR\\FM\\27APR2.SGM27APR2 21898 Federal Register/Vol. 70, No. 80/Wednesday, April 27, 2005/Rules and Regulations implemented within the quiet zone crossing to enable the State and public (iii) Failure to comply with paragraph authority to complete the Grade (a)(2)(i) of this section shall result in the continue to conform to the requirements of appendix A of this part. Copies of Crossing Inventory Form.termination of the quiet zone six months after the date of receipt of notification such affirmation must be provided by §222.51Under what conditions will quiet from FRA that the Quiet Zone Risk certified mail, return receipt requested, zone status be terminated? Index exceeds the Nationwide to the parties identified in ¤222.43(a)(4) (a) New Quiet Zones—Annual risk Significant Risk Threshold. Failure to of this part; and review. (1) FRA will annually calculate (2) Provide to the Associate comply with paragraph (a)(2)(ii) of this the Quiet Zone Risk Index for each quiet Administrator an up-to-date, accurate, section shall result in the termination of zone established pursuant to the quiet zone three years after the date and complete Grade Crossing Inventory ¤¤222.39(a)(2) and 222.39(b) of this Form for each public highway-rail grade of receipt of notification from FRA that part, and in comparison to the the Quiet Zone Risk Index exceeds the crossing, private highway-rail grade Nationwide Significant Risk Threshold. Nationwide Significant Risk Threshold. crossing, and pedestrian crossing within FRA will notify each public authority of (b) Pre-Rule Quiet Zones—Annual the quiet zone. the Quiet Zone Risk Index for the risk review. (1) FRA will annually (b) Quiet zones which do not have a preceding calendar year. FRA will not calculate the Quiet Zone Risk Index for supplementary safety measure at each conduct annual risk reviews for quiet each Pre-Rule Quiet Zone and Pre-Rule public crossing. This paragraph zones established by having an SSM at Partial Quiet Zone that qualified for addresses quiet zones established every public crossing within the quiet automatic approval pursuant to pursuant to ¤¤222.39(a)(2) and (a)(3), zone or for quiet zones established by ¤¤222.41(a)(1)(ii), 222.41(a)(1)(iii), ¤222.39(b), ¤¤222.41(a)(1)(ii), (a)(1)(iii), reducing the Quiet Zone Risk Index to 222.41(b)(1)(ii), and 222.41(b)(1)(iii) of and (a)(1)(iv), and ¤¤222.41(b)(1)(ii), the Risk Index With Horns. this part. FRA will notify each public (b)(1)(iii), and (b)(1)(iv) (quiet zones (2) Actions to be taken by public authority of the Quiet Zone Risk Index which do not have an SSM at every authority to retain quiet zone. If the for the preceding calendar year. FRA public crossing within the quiet zone) of Quiet Zone Risk Index is above the 1 will also notify each public authority if this part. Between 2 Ì 2 and 3 years after Nationwide Significant Risk Threshold, a relevant collision occurred at a grade the date of the quiet zone establishment the quiet zone will terminate six months crossing within the quiet zone during notice provided by the public authority from the date of receipt of notification the preceding calendar year. under ¤222.43(e) of this part, and from FRA that the Quiet Zone Risk (2) Pre-Rule Quiet Zones and Pre-Rule 1 between 2 Ì 2 and 3 years after the last Index exceeds the Nationwide Partial Quiet Zones authorized under affirmation under this section, the Significant Risk Threshold, unless the §§222.41(a)(1)(ii) and 222.41(b)(1)(ii). public authority must: public authority takes the following (i) If a Pre-Rule Quiet Zone or Pre-Rule (1) Affirm in writing to the Associate actions: Partial Quiet Zone originally qualified Administrator that all SSMs and ASMs (i) Within six months after the date of for automatic approval because the implemented within the quiet zone receipt of notification from FRA that the Quiet Zone Risk Index was at, or below, continue to conform to the requirements Quiet Zone Risk Index exceeds the the Nationwide Significant Risk of Appendices A and B of this part or Nationwide Significant Risk Threshold, Threshold, the quiet zone may continue the terms of the Quiet Zone approval. provide to the Associate Administrator unchanged if the Quiet Zone Risk Index Copies of such notification must be a written commitment to lower the as last calculated by the FRA remains at, provided to the parties identified in potential risk to the traveling public at or below, the Nationwide Significant ¤222.43(a)(4) of this part by certified the crossings within the quiet zone to a Risk Threshold. mail, return receipt requested; and level at, or below, the Nationwide (ii) If the Quiet Zone Risk Index as (2) Provide to the Associate Significant Risk Threshold or the Risk last calculated by FRA is above the Administrator an up-to-date, accurate, Index With Horns. Included in the Nationwide Significant Risk Threshold, and complete Grade Crossing Inventory commitment statement shall be a but is lower than twice the Nationwide Form for each public highway-rail grade discussion of the specific steps to be Significant Risk Threshold and no crossing, private highway-rail grade taken by the public authority to increase relevant collisions have occurred at crossing, and pedestrian crossing within safety at the crossings within the quiet crossings within the quiet zone within the quiet zone. zone; and the five years preceding the annual risk (ii) Within three years after the date §222.49Who may file Grade Crossing review, then the quiet zone may Inventory Forms? of receipt of notification from FRA that continue as though it originally received the Quiet Zone Risk Index exceeds the (a) Grade Crossing Inventory Forms automatic approval pursuant to Nationwide Significant Risk Threshold, required to be filed with the Associate ¤222.41(a)(1)(iii) or 222.41(b)(1)(iii) of complete implementation of SSMs or Administrator in accordance with this part. ASMs sufficient to reduce the Quiet (iii) If the Quiet Zone Risk Index as ¤¤222.39, 222.43 and 222.47 of this part Zone Risk Index to a level at, or below, last calculated by FRA is at, or above, may be filed by the public authority if, the Nationwide Significant Risk twice the Nationwide Significant Risk for any reason, such forms are not Threshold, or the Risk Index With Threshold, or if the Quiet Zone Risk timely submitted by the State and Horns, and receive approval from the Index is above the Nationwide railroad. (b) Within 30 days after receipt of a Associate Administrator, under the Significant Risk Threshold, but is lower written request of the public authority, procedures set forth in ¤222.39(b) of than twice the Nationwide Significant the railroad owning the line of railroad this part, for continuation of the quiet Risk Threshold and a relevant collision that includes public or private highway zone. If the Quiet Zone Risk Index is occurred at a crossing within the quiet rail grade crossings within the quiet reduced to the Risk Index With Horns, zone within the preceding five calendar zone or proposed quiet zone shall the quiet zone will be considered to years, the quiet zone will terminate six provide to the State and public have been established pursuant to months after the date of receipt of authority sufficient current information ¤222.39(a)(3) of this part and notification from FRA of the Nationwide regarding the grade crossing and the subsequent annual risk reviews will not Significant Risk Threshold level, unless railroad È s operations over the grade be conducted for that quiet zone. the public authority takes the actions VerDate jul<14>2003 19:03 Apr 26, 2005Jkt 205001PO 00000Frm 00056Fmt 4701Sfmt 4700E:\\FR\\FM\\27APR2.SGM27APR2 Federal Register/Vol. 70, No. 80/Wednesday, April 27, 2005/Rules and Regulations 21899 specified in paragraph (b)(4) of this horn, the quiet zone will be considered part may, at any time, withdraw its section. to have been established pursuant to quiet zone status. (3) Pre-Rule Quiet Zones and Pre-Rule (2) A public authority may withdraw ¤222.39(a)(3) of this part and Partial Quiet Zones authorized under its quiet zone status by providing subsequent annual risk reviews will not §§222.41(a)(1)(iii) and 222.41(b)(1)(iii). written notice of termination, by be conducted for that quiet zone. (i) If a Pre-Rule Quiet Zone or Pre-Rule (iii) Failure to comply with paragraph certified mail, return receipt requested, Partial Quiet Zone originally qualified (b)(4)(i) of this section shall result in the to all railroads operating the public for automatic approval because the termination of the quiet zone six months highway-rail grade crossings within the Quiet Zone Risk Index was above the after the date of receipt of notification quiet zone, the highway or traffic Nationwide Significant Risk Threshold, from FRA. Failure to comply with control authority or law enforcement but below twice the Nationwide paragraph (b)(4)(ii) of this section shall authority having control over vehicular Significant Risk Threshold, and no result in the termination of the quiet traffic at the crossings within the quiet relevant collisions had occurred within zone three years after the date of receipt zone, the landowner having control over of notification from FRA. any private crossings within the quiet the five-year qualifying period, the quiet (c) Review at FRA’s initiative. (1) The zone may continue unchanged if the zone, the State agency responsible for Associate Administrator may, at any Quiet Zone Risk Index as last calculated grade crossing safety, the State agency time, review the status of any quiet by FRA remains below twice the responsible for highway and road safety, zone. and the Associate Administrator. Nationwide Significant Risk Threshold (2) If the Associate Administrator (3)(i) If the quiet zone that is being and no relevant collisions occurred at a makes any of the following preliminary withdrawn was part of a multi- public grade crossing within the quiet determinations, the Associate jurisdictional quiet zone, the remaining zone during the preceding calendar Administrator will provide written quiet zones may remain in effect, year. notice to the public authority, all (ii) If the Quiet Zone Risk Index as provided the public authorities railroads operating over public last calculated by FRA is at, or above, responsible for the remaining quiet highway-rail grade crossings within the twice the Nationwide Significant Risk zones provide statements to the quiet zone, the highway or traffic Threshold, or if a relevant collision Associate Administrator certifying that occurred at a public grade crossing control authority or law enforcement the Quiet Zone Risk Index for each within the quiet zone during the authority having control over vehicular remaining quiet zone is at, or below, the preceding calendar year, the quiet zone Nationwide Significant Risk Threshold traffic at the crossings within the quiet will terminate six months after the date or the Risk Index With Horns. These zone, the landowner having control over of receipt of notification from FRA that statements shall be provided, no later any private crossings within the quiet the Quiet Zone Risk Index is at, or than six months after the date on which zone, the State agency responsible for exceeds twice the Nationwide the notice of quiet zone termination was grade crossing safety, and the State Significant Risk Threshold or that a mailed, to all parties listed in paragraph agency responsible for highway and relevant collision occurred at a crossing (d)(2) of this section. road safety and will publish a notice of (ii) If any remaining quiet zone has a within the quiet zone, unless the public the determination in the Federal Quiet Zone Risk Index in excess of the authority takes the actions specified in Register: Nationwide Significant Risk Threshold paragraph (b)(4) of this section. (i) Safety systems and measures (4) Actions to be taken by the public and the Risk Index With Horns, the implemented within the quiet zone do authority to retain a quiet zone. (i) public authority responsible for the not fully compensate for the absence of Within six months after the date of FRA quiet zone shall submit a written the locomotive horn due to a substantial notification, the public authority shall commitment, to all parties listed in increase in risk; provide to the Associate Administrator paragraph (d)(2) of this section, to (ii) Documentation relied upon to a written commitment to lower the reduce the Quiet Zone Risk Index to a establish the quiet zone contains potential risk to the traveling public at level at or below the Nationwide substantial errors that may have an the crossings within the quiet zone by Significant Risk Threshold or the Risk adverse impact on public safety; or reducing the Quiet Zone Risk Index to (iii) Significant risk with respect to Index With Horns within three years. a level at, or below, the Nationwide loss of life or serious personal injury Included in the commitment statement Significant Risk Threshold or the Risk exists within the quiet zone. shall be a discussion of the specific (3) After providing an opportunity for Index With Horns. Included in the steps to be taken by the public authority comment, the Associate Administrator commitment statement shall be a to reduce the Quiet Zone Risk Index. discussion of the specific steps to be may require that additional safety This commitment statement shall be taken by the public authority to increase measures be taken or that the quiet zone provided to all parties listed in safety at the public crossings within the be terminated. The Associate paragraph (d)(2) of this section no later quiet zone; and Administrator will provide a copy of than six months after the date on which (ii) Within three years of the date of his/her decision to the public authority the notice of quiet zone termination was FRA notification, the public authority and all parties listed in paragraph (c)(2) mailed. shall complete implementation of SSMs of this section. The public authority (iii) Failure to comply with or ASMs sufficient to reduce the Quiet may appeal the Associate paragraphs (d)(3)(i) and (d)(3)(ii) of this Zone Risk Index to a level at, or below, Administrator È s decision in accordance section shall result in the termination of the Nationwide Significant Risk with ¤222.57(c) of this part. Nothing in the remaining quiet zone(s) six months Threshold, or the Risk Index With this section is intended to limit the after the date on which the notice of Horns, and receive approval from the Administrator È s emergency authority quiet zone termination was mailed by Associate Administrator, under the under 49 U.S.C. 20104 and 49 CFR part the withdrawing public authority in procedures set forth in ¤222.39(b) of 211. accordance with paragraph (d)(2) of this this part, for continuation of the quiet (d) Termination by the public section. zone. If the Quiet Zone Risk Index is authority. (1) Any public authority that (iv) Failure to complete reduced to a level that fully participated in the establishment of a implementation of SSMs and/or ASMs compensates for the absence of the train quiet zone under the provisions of this to reduce the Quiet Zone Risk Index to VerDate jul<14>2003 19:03 Apr 26, 2005Jkt 205001PO 00000Frm 00057Fmt 4701Sfmt 4700E:\\FR\\FM\\27APR2.SGM27APR2 21900 Federal Register/Vol. 70, No. 80/Wednesday, April 27, 2005/Rules and Regulations a level at, or below, the Nationwide completely block travel over the line of may approve its use as an ASM to be used in the same manner as the Significant Risk Index or the Risk Index railroad, or traffic signals. With Horns, in accordance with the measures listed in appendix B of this §222.55How are new supplementary or part. The Associate Administrator may written commitment provided under alternative safety measures approved? impose any conditions or limitations on paragraph (d)(3)(ii) of this section, shall (a) The Associate Administrator may use of the SSMs or ASMs which the result in the termination of quiet zone add new SSMs and standards to Associate Administrator deems status three years after the date on appendix A of this part and new ASMs necessary in order to provide the level which the written commitment was and standards to appendix B of this part of safety at least equivalent to that received by FRA. when the Associate Administrator provided by the locomotive horn. (e) Notification of termination. (1) In determines that such measures or (f) If the Associate Administrator the event that a quiet zone is terminated standards are an effective substitute for approves a new SSM or ASM, the under the provisions of this section, it the locomotive horn in the prevention of Associate Administrator will: notify the shall be the responsibility of the public collisions and casualties at public applicant, if any; publish notice of such authority to immediately provide highway-rail grade crossings. action in the Federal Register; and add written notification of the termination (b) Interested parties may apply for the measure to the list of approved by certified mail, return receipt approval from the Associate SSMs or ASMs. requested, to all railroads operating over Administrator to demonstrate proposed (g) A public authority or other public highway-rail grade crossings new SSMs or ASMs to determine interested party may appeal to the within the quiet zone, the highway or whether they are effective substitutes for Administrator from a decision by the traffic control authority or law the locomotive horn in the prevention of Associate Administrator granting or enforcement authority having control collisions and casualties at public denying an application for approval of over vehicular traffic at the crossings highway-rail grade crossings. a proposed SSM or ASM, or the within the quiet zone, the landowner (c) The Associate Administrator may, conditions or limitations imposed on its having control over any private after notice and opportunity for use, in accordance with ¤222.57 of this crossings within the quiet zone, the comment, order railroad carriers part. State agency responsible for grade operating over a public highway-rail crossing safety, the State agency §222.57Can parties seek review of the grade crossing or crossings to responsible for highway and road safety, Associate Administrator’s actions? temporarily cease the sounding of and the Associate Administrator. (a) A public authority or other locomotive horns at such crossings to (2) Notwithstanding paragraph (e)(1) interested party may petition the demonstrate proposed new SSMs or of this section, if a quiet zone is Administrator for review of any ASMs, provided that such proposed terminated under the provisions of this decision by the Associate Administrator new SSMs or ASMs have been subject section, FRA shall also provide written granting or denying an application for to prior testing and evaluation. In notification to all parties listed in approval of a new SSM or ASM under issuing such order, the Associate paragraph (e)(1) of this section. ¤222.55 of this part. The petition must Administrator may impose any (f) Requirement to sound the be filed within 60 days of the decision conditions or limitations on such use of locomotive horn. Upon receipt of to be reviewed, specify the grounds for the proposed new SSMs or ASMs which notification of quiet zone termination the requested relief, and be served upon the Associate Administrator deems pursuant to paragraph (e) of this section, the following parties: all railroads necessary in order to provide the level railroads shall, within seven days, and ordered to temporarily cease sounding of safety at least equivalent to that in accordance with the provisions of of the locomotive horn over public provided by the locomotive horn. this part, sound the locomotive horn highway-rail grade crossings for the (d) Upon completion of a when approaching and passing through demonstration of the proposed new demonstration of proposed new SSMs every public highway-rail grade crossing SSM or ASM, the highway or traffic or ASMs, interested parties may apply within the former quiet zone. control authority or law enforcement to the Associate Administrator for their authority having control over vehicular §222.53What are the requirements for approval. Applications for approval traffic at the crossings affected by the supplementary and alternative safety shall be in writing and shall include the measures? new SSM/ASM demonstration, the State following: agency responsible for grade crossing (a) Approved SSMs are listed in (1) The name and address of the safety, the State agency responsible for appendix A of this part. With the applicant; highway and road safety, and the exception of permanent crossing (2) A description and design of the Associate Administrator. Unless the closures, approved SSMs can qualify for proposed new SSM or ASM; Administrator specifically provides quiet zone risk reduction credit in the (3) A description and results of the otherwise, and gives notice to the manner specified in appendix A of this demonstration project in which the petitioner or publishes a notice in the part. proposed SSMs or ASMs were tested; (b) Additional ASMs that may be Federal Register, the filing of a petition (4) Estimated costs of the proposed included in a request for FRA approval under this paragraph does not stay the new SSM or ASM; and of a quiet zone under ¤222.39(b) of this (5) Any other information deemed effectiveness of the action sought to be necessary. part are listed in appendix B of this part. reviewed. The Administrator may (e) If the Associate Administrator is Modified SSMs can qualify for quiet reaffirm, modify, or revoke the decision satisfied that the proposed safety zone risk reduction credit in the manner of the Associate Administrator without measure fully compensates for the specified in appendix B of this part.further proceedings and shall notify the (c) The following do not, individually absence of the warning provided by the petitioner and other interested parties in or in combination, constitute SSMs or locomotive horn, the Associate writing or by publishing a notice in the ASMs: Standard traffic control device Administrator will approve its use as an Federal Register. arrangements such as reflectorized SSM to be used in the same manner as (b) A public authority may request crossbucks, STOP signs, flashing lights, the measures listed in appendix A of reconsideration of a decision by the or flashing lights with gates that do not this part, or the Associate Administrator Associate Administrator to deny an VerDate jul<14>2003 19:03 Apr 26, 2005Jkt 205001PO 00000Frm 00058Fmt 4701Sfmt 4700E:\\FR\\FM\\27APR2.SGM27APR2 Federal Register/Vol. 70, No. 80/Wednesday, April 27, 2005/Rules and Regulations 21901 application by that authority for in a Quiet Zone Risk Index that would shall provide written notice that a approval of a quiet zone, or to require be at or below the Risk Index With wayside horn is being installed to all additional safety measures, by filing a Horns or the Nationwide Significant railroads operating over the public petition for reconsideration with the Risk Threshold. The petition shall be highway-rail grade crossing, the Associate Administrator. The petition filed within 60 days of the date of the highway or traffic control authority or must specify the grounds for asserting decision to be reconsidered, and be law enforcement authority having that the Associate Administrator served upon all parties listed in control over vehicular traffic at the improperly exercised his/her judgment ¤222.39(b)(3) of this part. Upon receipt crossing, the State agency responsible in finding that the proposed SSMs and of a timely and proper petition, the for grade crossing safety, the State ASMs would not result in a Quiet Zone Associate Administrator will provide agency responsible for highway and Risk Index that would be at or below the the petitioner an opportunity to submit road safety, and the Associate Risk Index With Horns or the additional materials and to request an Administrator. This notice shall provide Nationwide Significant Risk Threshold. informal hearing. Upon review of the the date on which the wayside horn will The petition shall be filed within 60 additional materials and completion of be operational and identify the grade days of the date of the decision to be any hearing requested, the Associate crossing at which the wayside horn reconsidered and be served upon all Administrator shall issue a decision that shall be installed by both the U.S. DOT parties listed in ¤222.39(b)(3) of this will be administratively final. National Highway-Rail Grade Crossing part. Upon receipt of a timely and Inventory Number and street or highway §222.59When may a wayside horn be proper petition, the Associate name. The railroad or public authority used? Administrator will provide the shall provide notification of the (a)(1) A wayside horn conforming to petitioner an opportunity to submit operational date at least 21 days in the requirements of appendix E of this additional materials and to request an advance. part may be used in lieu of a locomotive informal hearing. Upon review of the (d) A railroad operating over a grade horn at any highway-rail grade crossing additional materials and completion of crossing equipped with an operational equipped with an active warning system any hearing requested, the Associate wayside horn installed within a quiet consisting of, at a minimum, flashing Administrator shall issue a decision on zone pursuant to this section shall cease lights and gates. the petition that will be administratively routine locomotive horn use at the grade (2) A wayside horn conforming to the final. crossing. A railroad operating over a requirements of appendix E of this part (c) A public authority may request grade crossing that is equipped with a may be installed within a quiet zone. reconsideration of a decision by the wayside horn and located outside of a For purposes of calculating the length of Associate Administrator to terminate quiet zone shall cease routine a quiet zone, the presence of a wayside quiet zone status by filing a petition for locomotive horn use at the grade horn at a highway-grade crossing within reconsideration with the Associate crossing on the operational date a quiet zone shall be considered in the Administrator. The petition must be specified in the notice required by same manner as a grade crossing treated filed within 60 days of the date of the paragraph (c) of this section. with an SSM. A grade crossing decision, specify the grounds for the equipped with a wayside horn shall not requested relief, and be served upon all Appendix A to Part 222—Approved be considered in calculating the Quiet parties listed in ¤222.51(c)(2) of this Supplementary Safety Measures Zone Risk Index or Crossing Corridor part. Unless the Associate Administrator A. Requirements and Effectiveness Rates for Risk Index. publishes a notice in the Federal Supplementary Safety Measures (b) A public authority installing a Register that specifically stays the This section provides a list of approved wayside horn at a grade crossing within effectiveness of his/her decision, the supplementary safety measures (SSMs) that a quiet zone shall provide written notice filing of a petition under this paragraph may be installed at highway-rail grade that a wayside horn is being installed to will not stay the termination of quiet crossings within quiet zones for risk all railroads operating over the public zone status. Upon receipt of a timely reduction credit. Each SSM has been highway-rail grade crossings within the and proper petition, the Associate assigned an effectiveness rate, which may be quiet zone, the highway or traffic Administrator will provide the subject to adjustment as research and control authority or law enforcement petitioner an opportunity to submit demonstration projects are completed and authority having control over vehicular data is gathered and refined. Sections B and additional materials and to request an traffic at the crossings within the quiet C govern the process through which risk informal hearing. Upon review of the reduction credit for pre-existing SSMs can be zone, the landowner having control over additional materials and completion of determined. any private crossings within the quiet any hearing requested, the Associate 1. Temporary Closure of a Public Highway- zone, the State agency responsible for Administrator shall issue a decision on Rail Grade Crossing: Close the crossing to grade crossing safety, the State agency the petition that will be administratively highway traffic during designated quiet responsible for highway and road safety, final. A copy of this decision shall be periods. (This SSM can only be implemented and the Associate Administrator. This served upon all parties listed in within Partial Quiet Zones.) notice shall provide the date on which ¤222.51(c)(2) of this part. Effectiveness: 1.0. the wayside horn will be operational (d) A railroad may request Because an effective closure system reconsideration of a decision by the and identify the grade crossing at which prevents vehicle entrance onto the crossing, the probability of a collision with a train at Associate Administrator to approve an the wayside horn shall be installed by the crossing is zero during the period the application for approval of a proposed both the U.S. DOT National Highway- crossing is closed. Effectiveness would quiet zone under ¤222.39(b) of this part Rail Grade Crossing Inventory Number therefore equal 1. However, analysis should by filing a petition for reconsideration and street or highway name. The take into consideration that traffic would with the Associate Administrator. The railroad or public authority shall need to be redistributed among adjacent petition must specify the grounds for provide notification of the operational crossings or grade separations for the purpose asserting that the Associate date at least 21 days in advance. of estimating risk following the silencing of Administrator improperly exercised his/(c) A railroad or public authority train horns, unless the particular ÇÇ closure ÈÈ her judgment in finding that the installing a wayside horn at a grade was accomplished by a grade separation. proposed SSMs and ASMs would result crossing located outside a quiet zone Required: VerDate jul<14>2003 19:03 Apr 26, 2005Jkt 205001PO 00000Frm 00059Fmt 4701Sfmt 4700E:\\FR\\FM\\27APR2.SGM27APR2 21902 Federal Register/Vol. 70, No. 80/Wednesday, April 27, 2005/Rules and Regulations a. The closure system must completely power-out indicators are not required to be devices on both highway approaches to a block highway traffic on all approach lanes added to existing warning systems in Pre-public highway-rail grade crossing denying Rule Quiet Zones and Pre-Rule Partial Quiet to the highway user the option of to the crossing. Zones. However, if existing automatic circumventing the approach lane gates by b. The closure system must completely warning device systems in Pre-Rule Quiet switching into the opposing (oncoming) block adjacent pedestrian crossings. Zones and Pre-Rule Partial Quiet Zones are traffic lane and driving around the lowered c. Public highway-rail grade crossings renewed, or new automatic warning device gates to cross the tracks. located within New Partial Quiet Zones shall systems are installed, power-out indicators Effectiveness: be closed from 10 p.m. until 7 a.m. every day. and constant warning time devices are channelization devices Ä.75. Public highway-rail grade crossings located required, unless existing conditions at the non-traversable curbs with or without within Pre-Rule Partial Quiet Zones may only crossing would prevent the proper operation channelization devices Ä.80. be closed during one period each 24 hours. of the constant warning devices.Required: d. Barricades and signs used for closure of a. Opposing traffic lanes on both highway the roadway shall conform to the standards d. The gap between the ends of the approaches to the crossing must be separated contained in the MUTCD. entrance and exit gates (on the same side of by either: (1) medians bounded by non- e. Daily activation and deactivation of the the railroad tracks) when both are in the fully traversable curbs or (2) channelization system is the responsibility of the public lowered, or down, position must be less than devices. authority responsible for maintenance of the two feet if no median is present. If the b. Medians or channelization devices must street or highway crossing the railroad tracks. highway approach is equipped with a extend at least 100 feet from the gate arm, or The public authority may provide for third median or a channelization device between if there is an intersection within 100 feet of party activation and deactivation; however, the approach and exit lanes, the lowered the gate, the median or channelization device the public authority shall remain fully gates must reach to within one foot of the must extend at least 60 feet from the gate median or channelization device, measured responsible for compliance with the arm. horizontally across the road from the end of requirements of this part. c. Intersections of two or more streets, or the lowered gate to the median or f. The system must be tamper and vandal a street and an alley, that are within 60 feet channelization device or to a point over the resistant to the same extent as other traffic of the gate arm must be closed or relocated. edge of the median or channelization device. control devices. Driveways for private, residential properties The gate and the median top or g. The closure system shall be equipped (up to four units) within 60 feet of the gate channelization device do not have to be at with a monitoring device that contains an arm are not considered to be intersections the same elevation. indicator which is visible to the train crew under this part and need not be closed. e. ÇÇ Break-away ÈÈ channelization devices prior to entering the crossing. The indicator However, consideration should be given to must be frequently monitored to replace shall illuminate whenever the closure device taking steps to ensure that motorists exiting broken elements. is deployed. the driveways are not able to move against Recommendations for new installations Recommended: the flow of traffic to circumvent the purpose only: Signs for alternate highway traffic routes of the median and drive around lowered f. Gate timing should be established by a should be erected in accordance with gates. This may be accomplished by the qualified traffic engineer based on site MUTCD and State and local standards and posting of ÇÇ no left turn ÈÈ signs or other means specific determinations. Such determination should inform pedestrians and motorists that of notification. For the purpose of this part, should consider the need for and timing of the streets are closed, the period for which driveways accessing commercial properties a delay in the descent of the exit gates they are closed, and that alternate routes are considered to be intersections and are not (following descent of the conventional must be used. allowed. It should be noted that if a public entrance gates). Factors to be considered may 2. Four-Quadrant Gate System: Install gates authority can not comply with the 60 feet or include available storage space between the at a crossing sufficient to fully block highway 100 feet requirement, it may apply to FRA for gates that is outside the fouling limits of the traffic from entering the crossing when the a quiet zone under ¤222.39(b), ÇÇ Public track(s) and the possibility that traffic flows gates are lowered, including at least one gate authority application to FRA.ÈÈ Such may be interrupted as a result of nearby for each direction of traffic on each approach. arrangement may qualify for a risk reduction intersections. Effectiveness: credit in calculation of the Quiet Zone Risk g. A determination should be made as to Four-quadrant gates only, no presence Index. Similarly, if a public authority finds whether it is necessary to provide vehicle detection: .82. that it is feasible to only provide presence detectors (VPDs) to open or keep Four-quadrant gates only, with presence channelization on one approach to the open the exit gates until all vehicles are clear detection: .77. crossing, it may also apply to FRA for of the crossing. VPDs should be installed on Four-quadrant gates with traffic approval under ¤222.39(b). Such an one or both sides of the crossing and/or in channelization of at least 60 feet, (with or arrangement may also qualify for a risk the surface between the rails closest to the without presence detection): .92. reduction credit in calculation of the Quiet field. Among the factors that should be Required: considered are the presence of intersecting Zone Risk Index. Four-quadrant gate systems shall conform roadways near the crossing, the priority that d. Crossing warning systems must be to the standards for four-quadrant gates the traffic crossing the railroad is given at activated by use of constant warning time contained in the MUTCD and shall, in such intersections, the types of traffic control devices unless existing conditions at the addition, comply with the following: devices at those intersections, and the crossing would prevent the proper operation a. When a train is approaching, all highway presence and timing of traffic signal of the constant warning time devices. approach and exit lanes on both sides of the preemption. e. Crossing warning systems must be highway-rail crossing must be spanned by h. Highway approaches on one or both equipped with power-out indicators. Note: gates, thus denying to the highway user the sides of the highway-rail crossing may be Requirements d and e apply only to New option of circumventing the conventional provided with medians or channelization Quiet Zones and New Partial Quiet Zones. approach lane gates by switching into the devices between the opposing lanes. Medians Constant warning time devices and power- opposing (oncoming) traffic lane in order to should be defined by a non-traversable curb out indicators are not required to be added enter the crossing and cross the tracks. or traversable curb, or by reflectorized to existing warning systems in Pre-Rule Quiet b. Crossing warning systems must be channelization devices, or by both. Zones or Pre-Rule Partial Quiet Zones. activated by use of constant warning time i. Remote monitoring (in addition to However, if existing automatic warning devices unless existing conditions at the power-out indicators, which are required) of device systems in Pre-Rule Quiet Zones and crossing would prevent the proper operation the status of these crossing systems is Pre-Rule Partial Quiet Zones are renewed, or of the constant warning time devices. preferable. This is especially important in new automatic warning device systems are c. Crossing warning systems must be those areas in which qualified railroad signal installed, power-out indicators and constant equipped with power-out indicators. department personnel are not readily warning time devices are required, unless Note: Requirements b and c apply only to available. existing conditions at the crossing would New Quiet Zones or New Partial Quiet 3. Gates With Medians or Channelization prevent the proper operation of the constant Zones. Constant warning time devices and Devices: Install medians or channelization warning devices. VerDate jul<14>2003 19:03 Apr 26, 2005Jkt 205001PO 00000Frm 00060Fmt 4701Sfmt 4700E:\\FR\\FM\\27APR2.SGM27APR2 Federal Register/Vol. 70, No. 80/Wednesday, April 27, 2005/Rules and Regulations 21903 f. The gap between the lowered gate and 1. Calculate the current risk index for the to FRA (¤222.39(b)) may include ASMs the curb or channelization device must be grade crossing that is equipped with a listed in this appendix in its proposal. This one foot or less, measured horizontally across qualifying, pre-existing SSM. (See appendix appendix addresses three types of ASMs: the road from the end of the lowered gate to D. FRA È s web-based Quiet Zone Calculator Modified SSMs, Non-Engineering ASMs, and the curb or channelization device or to a may be used to complete this calculation.) Engineering ASMs. Modified SSMs are SSMs point over the curb edge or channelization 2. Adjust the risk index by accounting for that do not fully comply with the provisions listed in appendix A. As provided in section device. The gate and the curb top or the increased risk that was avoided by channelization device do not have to be at implementing the pre-existing SSM at the I.B. of this appendix, public authorities can the same elevation. public grade crossing. This adjustment can be obtain risk reduction credit for pre-existing g. ÇÇ Break-away ÈÈ channelization devices made by dividing the risk index by one modified SSMs under the final rule. Non- must be frequently monitored to replace minus the SSM effectiveness rate. (For engineering ASMs consist of programmed broken elements. example, the risk index for a crossing enforcement, public education and 4. One Way Street with Gate(s): Gate(s) equipped with pre-existing channelization awareness, and photo enforcement programs must be installed such that all approaching devices would be divided by .25.) that may be used to reduce risk within a highway lanes to the public highway-rail 3. Add the current risk indices for the other quiet zone. Engineering ASMs consist of grade crossing are completely blocked. public grade crossings located within the engineering improvements that address Effectiveness: .82. proposed quiet zone and divide by the underlying geometric conditions, including Required:number of crossings. The resulting risk index sight distance, that are the source of a. Gate arms on the approach side of the will be the new Risk Index With Horns for increased risk at crossings. crossing should extend across the road to the proposed quiet zone. I. Modified SSMs within one foot of the far edge of the C. Credit for Pre-Existing SSMs in Pre-Rule pavement. If a gate is used on each side of A. Requirements and Effectiveness Rates for Quiet Zones and Pre-Rule Partial Quiet the road, the gap between the ends of the Modified SSMs Zones gates when both are in the lowered, or down, 1. If there are unique circumstances A community that has implemented a pre- position must be no more than two feet. pertaining to a specific crossing or number of existing SSM at a public grade crossing can b. If only one gate is used, the edge of the crossings which prevent SSMs from being receive risk reduction credit by inflating the road opposite the gate mechanism must be fully compliant with all of the SSM Risk Index With Horns as follows: configured with a non-traversable curb requirements listed in appendix A, those 1. Calculate the current risk index for the extending at least 100 feet. SSM requirements may be adjusted or grade crossing that is equipped with a c. Crossing warning systems must be revised. In that case, the SSM, as modified qualifying, pre-existing SSM. (See appendix activated by use of constant warning time by the pubic authority, will be treated as an D. FRA È s web-based Quiet Zone Calculator devices unless existing conditions at the ASM under this appendix B, and not as a may be used to complete this calculation.) crossing would prevent the proper operation SSM under appendix A. FRA will review the 2. Reduce the current risk index for the of the constant warning time devices. safety effects of the modified SSMs and the grade crossing to reflect the risk reduction d. Crossing warning systems must be proposed quiet zone, and will approve the that would have been achieved if the equipped with power-out indicators. proposal if it finds that the Quiet Zone Risk locomotive horn was routinely sounded at Note: Requirements c and d apply only to Index is reduced to the level that would be the crossing. The following list sets forth the New Quiet Zones and New Partial Quiet expected with the sounding of the train horns estimated risk reduction for certain types of Zones. Constant warning time devices and or to a level at, or below the Nationwide crossings: power-out indicators are not required to be Significant Risk Threshold, whichever is a. Risk indices for passive crossings shall added to existing warning systems in Pre- greater. be reduced by 43%; Rule Quiet Zones or Pre-Rule Partial Quiet 2. A public authority may provide b. Risk indices for grade crossings Zones. If automatic warning systems are, estimates of effectiveness based upon equipped with automatic flashing lights shall however, installed or renewed in a Pre-Rule adjustments from the effectiveness levels be reduced by 27%; and Quiet or Pre-Rule Partial Quiet Zone, power- provided in appendix A or from actual field c. Risk indices for gated crossings shall be out indicators and constant warning time data derived from the crossing sites. The reduced by 40%. devices shall be installed, unless existing specific crossing and applied mitigation 3. Adjust the risk index by accounting for conditions at the crossing would prevent the measure will be assessed to determine the the increased risk that was avoided by proper operation of the constant warning effectiveness of the modified SSM. FRA will implementing the pre-existing SSM at the time devices. continue to develop and make available public grade crossing. This adjustment can be 5. Permanent Closure of a Public Highway- effectiveness estimates and data from made by dividing the risk index by one Rail Grade Crossing: Permanently close the experience under the final rule. minus the SSM effectiveness rate. (For crossing to highway traffic. 3. If one or more of the requirements example, the risk index for a crossing Effectiveness: 1.0. associated with an SSM as listed in appendix equipped with pre-existing channelization Required:A is revised or deleted, data or analysis devices would be divided by .25.) a. The closure system must completely supporting the revision or deletion must be 4. Adjust the risk indices for the other block highway traffic from entering the grade provided to FRA for review. The following crossings that are included in the Pre-Rule crossing. engineering types of ASMs may be included Quiet Zone or Pre-Rule Partial Quiet Zone by b. Barricades and signs used for closure of in a proposal for approval by FRA for reducing the current risk index to reflect the the roadway shall conform to the standards creation of a quiet zone: (1) Temporary risk reduction that would have been achieved contained in the MUTCD. Closure of a Public Highway-Rail Grade if the locomotive horn was routinely sounded c. The closure system must be tamper and Crossing, (2) Four-Quadrant Gate System, (3) at each crossing. Please refer to step two for vandal resistant to the same extent as other Gates With Medians or Channelization the list of approved risk reduction traffic control devices. Devices, and (4) One-Way Street With percentages by crossing type. d. Since traffic will be redistributed among Gate(s). 5. Add the new risk indices for each adjacent crossings, the traffic counts for crossing located within the proposed quiet B. Credit for Pre-Existing Modified SSMs in adjacent crossings shall be increased to zone and divide by the number of crossings. New Quiet Zones and New Partial Quiet reflect the diversion of traffic from the closed The resulting risk index will be the new Risk Zones crossing. Index With Horns for the quiet zone. A community that has implemented a pre- B. Credit for Pre-Existing SSMs in New Quiet existing modified SSM at a public grade Appendix B to Part 222—Alternative Zones and New Partial Quiet Zones crossing can receive risk reduction credit by Safety Measures A community that has implemented a pre-inflating the Risk Index With Horns as Introduction existing SSM at a public grade crossing can follows: receive risk reduction credit by inflating the A public authority seeking approval of a 1. Calculate the current risk index for the Risk Index With Horns as follows: quiet zone under public authority application grade crossing that is equipped with a pre- VerDate jul<14>2003 19:03 Apr 26, 2005Jkt 205001PO 00000Frm 00061Fmt 4701Sfmt 4700E:\\FR\\FM\\27APR2.SGM27APR2 21904 Federal Register/Vol. 70, No. 80/Wednesday, April 27, 2005/Rules and Regulations existing modified SSM. (See appendix D. zone and divide by the number of crossings. a. State law authorizing use of FRA È s web-based Quiet Zone Calculator may The resulting risk index will be the new Risk photographic or video evidence both to bring charges and sustain the burden of proof that be used to complete this calculation.) Index With Horns for the quiet zone. a violation of traffic laws concerning public 2. Obtain FRA approval of the estimated II. Non-engineering ASMs highway-rail grade crossings has occurred, effectiveness rate for the pre-existing A. The following non-engineering ASMs accompanied by commitment of modified SSM. Estimated effectiveness rates may be used in the creation of a Quiet Zone: administrative, law enforcement and judicial may be based upon adjustments from the (The method for determining the officers to enforce the law; SSM effectiveness rates provided in effectiveness of the non-engineering ASMs, b. Sanction includes sufficient minimum appendix A or actual field data derived from the implementation of the quiet zone, fine (e.g., $100 for a first offense, ÇÇ points ÈÈ crossing sites. subsequent monitoring requirements, and toward license suspension or revocation) to 3. Adjust the risk index by accounting for deter violations; dealing with an unacceptable effectiveness the increased risk that was avoided by c. Means to reliably detect violations (e.g., rate is provided in paragraph B.) implementing the pre-existing modified SSM loop detectors, video imaging technology); 1. Programmed Enforcement: Community at the public grade crossing. This adjustment d. Photographic or video equipment and law enforcement officials commit to a can be made by dividing the risk index by deployed to capture images sufficient to systematic and measurable crossing one minus the FRA-approved modified SSM document the violation (including the face of monitoring and traffic law enforcement effectiveness rate. the driver, if required to charge or convict program at the public highway-rail grade 4. Add the current risk indices for the other under state law). crossing, alone or in combination with the public grade crossings located within the Public Education and Awareness ASM. Note: This does not require that each proposed quiet zone and divide by the Required:crossing be continually monitored. The number of crossings. The resulting risk index objective of this option is deterrence, which a. Subject to audit, a statistically valid will be the new Risk Index With Horns for may be accomplished by moving photo/video baseline violation rate must be established the proposed quiet zone. equipment among several crossing locations, through automated or systematic manual C. Credit for Pre-Existing Modified SSMs in as long as the motorist perceives the strong monitoring or sampling at the subject Pre-Rule Quiet Zones and Pre-Rule Partial possibility that a violation will lead to crossing(s); and Quiet Zones sanctions. Each location must appear b. A law enforcement effort must be identical to the motorist, whether or not A community that has implemented a pre-defined, established and continued along surveillance equipment is actually placed existing modified SSM at a public grade with continual or regular monitoring that there at the particular time. Surveillance crossing can receive risk reduction credit by provides a statistically valid violation rate equipment should be in place and operating inflating the Risk Index With Horns as that indicates the effectiveness of the law at each crossing at least 25 percent of each follows: enforcement effort. calendar quarter. 1. Calculate the current risk index for the c. The public authority shall retain records e. Appropriate integration, testing and grade crossing that is equipped with a pre-pertaining to monitoring and sampling efforts maintenance of the system to provide existing modified SSM. (See appendix D. at the grade crossing for a period of not less evidence supporting enforcement; FRA È s web-based Quiet Zone Calculator may than five years. These records shall be made f. Public awareness efforts designed to be used to complete this calculation.) available, upon request, to FRA as provided reinforce photo enforcement and alert 2. Reduce the current risk index for the by 49 U.S.C. 20107. motorists to the absence of train horns; grade crossing to reflect the risk reduction 2. Public Education and Awareness: g. Subject to audit, a statistically valid that would have been achieved if the Conduct, alone or in combination with baseline violation rate must be established locomotive horn was routinely sounded at programmed law enforcement, a program of through automated or systematic manual the crossing. The following list sets forth the public education and awareness directed at monitoring or sampling at the subject estimated risk reduction for certain types of motor vehicle drivers, pedestrians and crossing(s); and crossings: residents near the railroad to emphasize the h. A law enforcement effort must be a. Risk indices for passive crossings shall risks associated with public highway-rail defined, established and continued along be reduced by 43%; grade crossings and applicable requirements with continual or regular monitoring. b. Risk indices for grade crossings of state and local traffic laws at those i. The public authority shall retain records equipped with automatic flashing lights shall crossings. pertaining to monitoring and sampling efforts be reduced by 27%; and Requirements: at the grade crossing for a period of not less c. Risk indices for gated crossings shall be a. Subject to audit, a statistically valid than five years. These records shall be made reduced by 40%. baseline violation rate must be established available, upon request, to FRA as provided 3. Obtain FRA approval of the estimated through automated or systematic manual by 49 U.S.C. 20107. effectiveness rate for the pre-existing monitoring or sampling at the subject B. The effectiveness of an ASM will be modified SSM. Estimated effectiveness rates crossing(s); and determined as follows: may be based upon adjustments from the b. A sustainable public education and 1. Establish the quarterly (three months) SSM effectiveness rates provided in awareness program must be defined, baseline violation rates for each crossing in appendix A or actual field data derived from established and continued along with the proposed quiet zone. crossing sites. continual or regular monitoring that provides a. A violation in this context refers to a 4. Adjust the risk index by accounting for a statistically valid violation rate that motorist not complying with the automatic the increased risk that was avoided by indicates the effectiveness of the public warning devices at the crossing (not stopping implementing the pre-existing modified SSM education and awareness effort. This program for the flashing lights and driving over the at the public grade crossing. This adjustment shall be provided and supported primarily crossing after the gate arms have started to can be made by dividing the risk index by through local resources. descend, or driving around the lowered gate one minus the FRA-approved modified SSM c. The public authority shall retain records arms). A violation does not have to result in effectiveness rate. pertaining to monitoring and sampling efforts a traffic citation for the violation to be 5. Adjust the risk indices for the other at the grade crossing for a period of not less considered. crossings that are included in the Pre-Rule than five years. These records shall be made b. Violation data may be obtained by any Quiet Zone or Pre-Rule Partial Quiet Zone by available, upon request, to FRA as provided method that can be shown to provide a reducing the current risk index to reflect the by 49 U.S.C. 20107. statistically valid sample. This may include risk reduction that would have been achieved 3. Photo Enforcement: This ASM entails the use of video cameras, other technologies if the locomotive horn was routinely sounded automated means of gathering valid (e.g., inductive loops), or manual at each crossing. Please refer to step two for photographic or video evidence of traffic law observations that capture driver behavior the list of approved risk reduction violations at a public highway-rail grade when the automatic warning devices are percentages by crossing type. crossing together with follow-through by law operating. 6. Add the new risk indices for each enforcement and the judiciary. c. If data is not collected continuously crossing located within the proposed quiet Requirements:during the quarter, sufficient detail must be VerDate jul<14>2003 19:03 Apr 26, 2005Jkt 205001PO 00000Frm 00062Fmt 4701Sfmt 4700E:\\FR\\FM\\27APR2.SGM27APR2 Federal Register/Vol. 70, No. 80/Wednesday, April 27, 2005/Rules and Regulations 21905 provided in the application in order to lack of a train horn, or that the risk level is Violation rate reduction = (new rate validate that the methodology used results in equal to, or exceeds the National Significant baseline rate)/baseline rate Risk Threshold, the procedures for dealing a statistically valid sample. FRA recommends 5. Using the Engineering ASM with unacceptable effectiveness after that at least a minimum of 600 samples (one effectiveness rate, determine the Quiet Zone establishment of a quiet zone should be sample equals one gate activation) be Risk Index. If and when the Quiet Zone Risk followed. collected during the baseline and subsequent Index for the proposed quiet zone has been quarterly sample periods. reduced to a risk level at or below the Risk III. Engineering ASMs d. The sampling methodology must take Index With Horns or the Nationwide A. Engineering improvements, other than measures to avoid biases in their sampling Significant Risk Threshold, the public modified SSMs, may be used in the creation technique. Potential sampling biases could authority may apply to FRA for approval of of a Quiet Zone. These engineering include: Sampling on certain days of the the quiet zone. Upon receiving written improvements, which will be treated as week but not others; sampling during certain approval of the quiet zone application from ASMs under this appendix, may include times of the day but not others; sampling FRA, the public authority may then proceed improvements that address underlying immediately after implementation of an ASM with notifications and implementation of the geometric conditions, including sight while the public is still going through an quiet zone. distance, that are the source of increased risk adjustment period; or applying one sample 6. Violation rates must be monitored for at the crossing. method for the baseline rate and another for the next two calendar quarters. Unless B. The effectiveness of an Engineering the new rate. otherwise provided in FRA È s notification of ASM will be determined as follows: e. The baseline violation rate should be quiet zone approval, if the violation rate for 1. Establish the quarterly (three months) expressed as the number of violations per these two calendar quarters does not exceed baseline violation rate for the crossing at gate activations in order to normalize for the violation rate that was used to determine which the Engineering ASM will be applied. the effectiveness rate that was approved by unequal gate activations during subsequent a. A violation in this context refers to a FRA, the public authority can cease violation data collection periods. motorist not complying with the automatic rate monitoring. f. All subsequent quarterly violation rate warning devices at the crossing (not stopping 7. In the event that the violation rate over calculations must use the same methodology for the flashing lights and driving over the either of the next two calendar quarters are as stated in this paragraph unless FRA crossing after the gate arms have started to greater than the violation rate used to authorizes another methodology. descend, or driving around the lowered gate determine the effectiveness rate that was 2. The ASM should then be initiated for arms). A violation does not have to result in approved by FRA, the public authority may each crossing. Train horns are still being a traffic citation for the violation to be continue the quiet zone for a third calendar sounded during this time period. considered. quarter. However, if the third calendar 3. In the calendar quarter following b. Violation data may be obtained by any quarter violation rate is also greater than the initiation of the ASM, determine a new method that can be shown to provide a rate used to determine the effectiveness rate quarterly violation rate using the same statistically valid sample. This may include that was approved by FRA, a new methodology as in paragraph (1) above. the use of video cameras, other technologies effectiveness rate must be calculated and the 4. Determine the violation rate reduction (e.g., inductive loops), or manual Quiet Zone Risk Index re-calculated using for each crossing by the following formula: observations that capture driver behavior the new effectiveness rate. If the new Quiet Violation rate reduction = (new rate when the automatic warning devices are Zone Risk Index exceeds the Risk Index With baseline rate)/baseline rate operating. Horns and the Nationwide Significant Risk 5. Determined the effectiveness rate of the c. If data is not collected continuously Threshold, the procedures for dealing with ASM for each crossing by multiplying the during the quarter, sufficient detail must be unacceptable effectiveness after violation rate reduction by .78. provided in the application in order to establishment of a quiet zone should be 6. Using the effectiveness rates for each validate that the methodology used results in followed. grade crossing treated by an ASM, determine a statistically valid sample. FRA recommends the Quiet Zone Risk Index. If and when the Appendix C to Part 222—Guide To that at least a minimum of 600 samples (one Quiet Zone Risk Index for the proposed quiet sample equals one gate activation) be Establishing Quiet Zones zone has been reduced to a level at, or below, collected during the baseline and subsequent Introduction the Risk Index With Horns or the Nationwide quarterly sample periods. Significant Risk Threshold, the public d. The sampling methodology must take This Guide to Establishing Quiet Zones authority may apply to FRA for approval of measures to avoid biases in their sampling (Guide) is divided into five sections in order the proposed quiet zone. Upon receiving technique. Potential sampling biases could to address the variety of methods and written approval of the quiet zone include: sampling on certain days of the conditions that affect the establishment of application from FRA, the public authority week but not others; sampling during certain quiet zones under this rule. may then proceed with notifications and times of the day but not others; sampling Section I of the Guide provides an implementation of the quiet zone. immediately after implementation of an ASM overview of the different ways in which a 7. Violation rates must be monitored for while the public is still going through an quiet zone may be established under this the next two calendar quarters and every rule. This includes a brief discussion on the adjustment period; or applying one sample second quarter thereafter. If, after five years method for the baseline rate and another for safety thresholds that must be attained in from the implementation of the quiet zone, the new rate.order for train horns to be silenced and the the violation rate for any quarter has never e. The baseline violation rate should be relative merits of each. It also includes the exceeded the violation rate that was used to expressed as the number of violations per two general methods that may be used to determine the effectiveness rate that was gate activations in order to normalize for reduce risk in the proposed quiet zone, and approved by FRA, violation rates may be unequal gate activations during subsequent the different impacts that the methods have monitored for one quarter per year. data collection periods. on the quiet zone implementation process. 8. In the event that the violation rate is ever f. All subsequent quarterly violation rate This section also discusses Partial (e.g. night greater than the violation rate used to calculations must use the same methodology time only quiet zones) and Intermediate determine the effectiveness rate that was as stated in this paragraph unless FRA Quiet Zones. An Intermediate Quiet Zone is approved by FRA, the public authority may authorizes another methodology. one where horn restrictions were in place continue the quiet zone for another quarter. after October 9, 1996, but as of December 18, 2. The Engineering ASM should be If, in the second quarter the violation rate is initiated at the crossing. Train horns are still 2003. still greater than the rate used to determine being sounded during this time period. Section II of the Guide provides the effectiveness rate that was approved by 3. In the calendar quarter following information on establishing New Quiet FRA, a new effectiveness rate must be initiation of the Engineering ASM, determine Zones. A New Quiet Zone is one at which calculated and the Quiet Zone Risk Index re- a new quarterly violation rate using the same train horns are currently being sounded at calculated using the new effectiveness rate. If methodology as in paragraph (1) above. crossings. The Public Authority Designation the new Quiet Zone Risk Index indicates that 4. Determine the violation rate reduction and Public Authority Application to FRA the ASM no longer fully compensates for the for the crossing by the following formula:methods will be discussed in depth. VerDate jul<14>2003 19:03 Apr 26, 2005Jkt 205001PO 00000Frm 00063Fmt 4701Sfmt 4700E:\\FR\\FM\\27APR2.SGM27APR2 21906 Federal Register/Vol. 70, No. 80/Wednesday, April 27, 2005/Rules and Regulations Section III of the Guide provides control of the public authority. For example, sense. It will also perform the necessary information on establishing Pre-Rule Quiet an overall national improvement in safety at calculations used to determine the existing gated crossings may cause the Nationwide risk level and whether enough risk has been Zones. A Pre-Rule Quiet Zone is one where Significant Risk Threshold to fall. This may mitigated in order to create a quiet zone train horns were not routinely sounded as of cause the Quiet Zone Risk Index to become under this rule. October 9, 1996 and December 18, 2003. The greater than the Nationwide Significant Risk differences between New and Pre-Rule Quiet B. Risk Reduction Methods Threshold. If the quiet zone is no longer Zones will be explained. Public Authority FRA has established two general methods qualified, then the public authority will have Designation and Public Authority to reduce risk in order to have a quiet zone to take additional measures, and may incur Application to FRA methods also apply to qualify under this rule. The method chosen additional costs that might not have been Pre-Rule Quiet Zones. impacts the manner in which the quiet zone budgeted, to once again lower the Quiet Zone Section IV of the Guide deals with the is implemented. Risk Index to at least the Nationwide required notifications that must be provided 1. Public Authority Designation (SSMs)Ä Significant Risk Threshold in order to retain by public authorities when establishing both The Public Authority Designation method the quiet zone. Therefore, while the initial New and continuing Pre-Rule or Intermediate (¤222.39(a)) involves the use of SSMs (see cost to implement a quiet zone under the Quiet Zones. appendix A) at some or all crossings within second or third scenario may be lower than Section V of the Guide provides examples the quiet zone. The use of only SSMs to the other options, these scenarios also carry of quiet zone implementation. reduce risk will allow a public authority to a degree of uncertainty about the quiet zone È s Section I—Overview designate a quiet zone without approval from continued existence. FRA. If the public authority installs SSMs at (3) The use of the first or fourth scenarios In order for a quiet zone to be qualified reduces the risk level to at least the level that every crossing within the quiet zone, it need under this rule, it must be shown that the would exist if train horns were sounding in not demonstrate that they will reduce the risk lack of the train horn does not present a the quiet zone. These methods may have sufficiently in order to qualify under the rule significant risk with respect to loss of life or higher initial costs because more safety since FRA has already assessed the ability of serious personal injury, or that the significant measures may be necessary in order to the SSMs to reduce risk. In other words, the risk has been compensated for by other achieve the needed risk reduction. Despite Quiet Zone Calculator does not need to be means. The rule provides four basic ways in the possibility of greater initial costs, there used. However, if only SSMs are installed which a quiet zone may be established. are several benefits to these methods. The within the quiet zone, but not at every Creation of both New Quiet Zones and Pre- installation of SSMs at every crossing will crossing, the public authority must calculate Rule Quiet Zones are based on the same provide the greatest safety benefit of any of that sufficient risk reduction will be general guidelines; however, there are a the methods that may be used to initiate a accomplished by the SSMs. Once the number of differences that will be noted in quiet zone. With both of these methods (first improvements are made, the public authority the discussion on Pre-Rule Quiet Zones. and fourth scenarios), the public authority must make the required notifications (which A. Qualifying Conditions will never need to be concerned about the includes a copy of the report generated by the (1) One of the following four conditions or Nationwide Significant Risk Threshold, Quiet Zone Calculator showing that the risk scenarios must be met in order to show that annual reviews of the Quiet Zone Risk Index, in the quiet zone has been sufficiently the lack of the train horn does not present a or failing to be qualified because the Quiet reduced), and the quiet zone may be significant risk, or that the significant risk Zone Risk Index is higher than the implemented. FRA does not need to approve has been compensated for by other means: Nationwide Significant Risk Threshold. the plan as it has already assessed the ability a. One or more SSMs as identified in Public authorities are strongly encouraged to of the SSMs to reduce risk. appendix A are installed at each public carefully consider both the pros and cons of 2. Public Authority Application to FRA crossing in the quiet zone; or all of the methods and to choose the method (ASMs)Ä The Public Authority Application b. The Quiet Zone Risk Index is equal to, that will best meet the needs of its citizens to FRA method (¤222.39(b)) involves the use or less than, the Nationwide Significant Risk by providing a safer and quieter community.ASMs (see appendix B). ASMs include Threshold without implementation of (4) For the purposes of this Guide, the term modified SSMs that do not fully comply with additional safety measures at any crossings in ÇÇ Risk Index with Horns ÈÈ is used to represent the provisions found in appendix A (e.g., the quiet zone; or the level of risk that would exist if train shorter than required traffic channelization c. Additional safety measures are horns were sounded at every public crossing devices), non-engineering ASMs (e.g., implemented at selected crossings resulting in the proposed quiet zone. If a public programmed law enforcement), and in the Quiet Zone Risk Index being reduced authority decides that it would like to fully engineering ASMs (i.e, engineering to a level equal to, or less than, the compensate for the lack of a train horn and improvements other than modified SSMs). If Nationwide Significant Risk Threshold; or not install SSMs at each public crossing in the use of ASMs (or a combination of ASMs d. Additional safety measures are taken at the quiet zone, it must reduce the Quiet Zone and SSMs) is elected to reduce risk, then the selected crossings resulting in the Quiet Zone Risk Index to a level that is equal to, or less public authority must apply to FRA for Risk Index being reduced to at least the level than, the Risk Index with Horns. The Risk approval of the quiet zone. The application of the Risk Index With Horns (that is, the risk Index with Horns is similar to the must contain sufficient data and analysis to that would exist if train horns were sounded Nationwide Significant Risk Threshold in confirm that the proposed ASMs do indeed at every public crossing in the quiet zone). that both are targets that must be reached in provide the necessary risk reduction. FRA (2) It is important to consider the order to establish a quiet zone under the rule. will review the application and will issue a implications of each approach before Quiet zones that are established by reducing formal approval if it determines that risk is deciding which one to use. If a quiet zone is the Quiet Zone Risk Index to at least the level reduced to a level that is necessary in order qualified based on reference to the of the Nationwide Significant Risk Threshold to comply with the rule. Once FRA approval Nationwide Significant Risk Threshold (i.e., will be reviewed annually by FRA to has been received and the safety measures the Quiet Zone Risk Index is equal to, or less determine if they still qualify under the rule fully implemented, the public authority than, the Nationwide Significant Risk to retain the quiet zone. Quiet zones that are would then proceed to make the necessary Threshold Ä see the second and third established by reducing the Quiet Zone Risk notifications, and the quiet zone may be scenarios above), then an annual review will Index to at least the level of the Risk Index implemented. The use of non-engineering be done by FRA to determine if the Quiet with Horns will not be subject to annual ASMs will require continued monitoring and Zone Risk Index remains equal to, or less reviews. analysis throughout the existence of the quiet than, the Nationwide Significant Risk (5) The use of FRA È s web-based Quiet Zone zone to ensure that risk continues to be Threshold. Since the Nationwide Significant Calculator is recommended to aid in the reduced. Risk Threshold and the Quiet Zone Risk decision making process (http://3. Calculating Risk Reduction Ä The Index may change from year to year, there is www.fra.dot.gov/us/content/1337). The Quiet following should be noted when calculating no guarantee that the quiet zone will remain Zone Calculator will allow the public risk reductions in association with the qualified. The circumstances that cause the authority to consider a variety of options in establishment of a quiet zone. This disqualification may not be subject to the determining which SSMs make the most information pertains to both New Quiet VerDate jul<14>2003 19:03 Apr 26, 2005Jkt 205001PO 00000Frm 00064Fmt 4701Sfmt 4700E:\\FR\\FM\\27APR2.SGM27APR2 Federal Register/Vol. 70, No. 80/Wednesday, April 27, 2005/Rules and Regulations 21907 Zones and Pre-Rule Quiet Zones and to the three remaining crossings by four. This is the provided in appendix B, the improvement is Public Authority Designation and Public initial Quiet Zone Risk Index and accounts deemed a Pre-Existing Modified SSM. Risk Authority Application to FRA methods.for the risk reduction caused by the grade reduction credit is obtained by inflating the Crossing closures: If any public crossing separation at C Street.Risk Index With Horns to show what the risk within the quiet zone is proposed to be Pre-Existing SSMs: Risk reduction credit would have been at the crossing if the pre- closed, include that crossing when may be taken by a public authority for a SSM existing SSM had not been implemented. The calculating the Risk Index with Horns. The that was previously implemented and is effectiveness rate of the modified SSM will effectiveness of a closure is 1.0. However, be currently in place in the quiet zone. If an be determined by FRA. The public authority sure to increase the traffic counts at other existing improvement meets the criteria for a may provide information to FRA to be used crossings within the quiet zone and SSM as provided in appendix A, the in determining the effectiveness rate of the recalculate the risk indices for those improvement is deemed a Pre-Existing SSM. modified SSM. Once an effectiveness rate has crossings that will handle the traffic diverted Risk reduction credit is obtained by inflating been determined, follow the procedure from the closed crossing. It should be noted the Risk Index With Horns to show what the previously discussed for Pre-Existing SSMs that crossing closures that are already in risk would have been at the crossing if the to determine the risk values that will be used existence are not considered in the risk pre-existing SSM had not been implemented. in the quiet zone calculations. calculations.Crossing closures and grade separations that Wayside Horns: Crossings with wayside Example— A proposed New Quiet Zone occurred prior to the implementation of the horn installations will be treated as a one for contains four crossings: A, B, C and D streets. quiet zone are not Pre-Existing SSMs and do one substitute for the train horn and are not A, B and D streets are equipped with flashing not receive any risk reduction credit. to be included when calculating the Crossing lights and gates. C Street is a passive Example 1— A proposed New Quiet Zone Corridor Risk Index, the Risk Index with crossbuck crossing with a traffic count of 400 has one crossing that is equipped with Horns or the Quiet Zone Risk Index. vehicles per day. It is decided that C Street flashing lights and gates and has medians 100 Example— A proposed New Quiet Zone will be closed as part of the project. Compute feet in length on both sides of the crossing. contains four crossings: A, B, C and D streets. the risk indices for all four streets. The The medians conform to the requirements in All streets are equipped with flashing lights calculation for C Street will utilize flashing appendix A and qualify as a Pre-Existing and gates. It is decided that C Street will have lights and gates as the warning device. SSM. The risk index as calculated for the a wayside horn installed. Compute the risk Calculate the Crossing Corridor Risk Index by crossing is 10,000. To calculate the Risk indices for A, B and D streets. Since C Street averaging the risk indices for all four of the Index With Horns for this crossing, you is being treated with a wayside horn, it is not crossings. This value will also be the Risk divide the risk index by difference between included in the calculation of risk. Calculate Index with Horns since train horns are one and the effectiveness rate of the pre- the Crossing Corridor Risk Index by currently being sounded. To calculate the existing SSM (10,000 (1 à 0.75) = 40,000). averaging the risk indices for A, B and D Quiet Zone Risk Index, first re-calculate the This value (40,000) would then be averaged streets. This value is also the Risk Index with risk indices for B and D streets by increasing in with the risk indices of the other crossings Horns. Increase the risk indices for A, B and the traffic count for each crossing by 200. to determine the proposed quiet zone È s Risk D streets by 66.8% and average the results. (Assume for this example that the public Index With Horns. To calculate the Quiet This is the initial Quiet Zone Risk Index for authority decided that the traffic from C Zone Risk Index, the original risk index is the proposed quiet zone. Street would be equally divided between B increased by 66.8% to account for the C. Partial Quiet Zones and D streets.) Increase the risk indices for additional risk attributed to the absence of A, B and D streets by 66.8% and divide the the train horn (10,000 1.668 = 16,680). This A Partial Quiet Zone is a quiet zone in sum of the three remaining crossings by four. value (16,680) is then averaged into the risk which locomotive horns are not routinely This is the initial Quiet Zone Risk Index and indices of the other crossings that have also sounded at public crossings for a specified accounts for the risk reduction caused by been increased by 66.8%. The resulting period of time each day. For example, a quiet closing C Street.average is the Quiet Zone Risk Index.zone during only the nighttime hours would Grade Separation: Grade separated Example 2— A Pre-Rule Quiet Zone be a partial quiet zone. Partial quiet zones crossings that were in existence before the consisting of four crossings has one crossing may be either New or Pre-Rule and follow the creation of a quiet zone are not included in that is equipped with flashing lights and same rules as 24 hour quiet zones. New any of the calculations. However, any public gates and has medians 100 feet in length on Partial Quiet Zones may be in effect during crossings within the quiet zone that are both sides of the crossing. The medians the hours of 10 p.m. to 7 a.m. All New Partial proposed to be treated by grade separation conform to the requirements in appendix A Quiet Zones must comply with all of the should be treated in the same manner as and qualify as a Pre-Existing SSM. The risk requirements for New Quiet Zones. For crossing closures. Highway traffic that may index as calculated for the crossing is 20,000. example, all public grade crossings that are be diverted from other crossings within the To calculate the Risk Index With Horns for open during the time that horns are silenced quiet zone to the new grade separated this crossing, first reduce the risk index by must be equipped with flashing lights and crossing should be considered when 40 percent to reflect the risk reduction that gates that are equipped with constant computing the Quiet Zone Risk Index.would be achieved if train horns were warning time (where practical) and power Example— A proposed New Quiet Zone routinely sounded (20,000 0.6 = 12,000). out indicators. Risk is calculated in exactly contains four crossings: A, B, C and D streets. Next, divide the resulting risk index by the same manner as for New Quiet Zones. All streets are equipped with flashing lights difference between one and the effectiveness The Quiet Zone Risk Index is calculated for and gates. C Street is a busy crossing with a rate of the pre-existing SSM (12,000 (1 à the entire 24-hour period, even though the traffic count of 25,000 vehicles per day. It is 0.75) = 48,000). This value (48,000) would train horn will only be silenced during the decided that C Street will be grade separated then be averaged with the adjusted risk hours of 10 p.m. to 7 a.m. as part of the project and the existing at-grade indices of the other crossings to determine A Pre-Rule Partial Quiet Zone is a partial crossing closed. Compute the risk indices for the pre-rule quiet zone È s Risk Index With quiet zone at which train horns were not all four streets. Calculate the Crossing Horns. To calculate the Quiet Zone Risk sounding as of October 9, 1996 and on Corridor Risk Index, which will also be the Index, the original risk index (20,000) is then December 18, 2003. All of the regulations Risk Index with Horns, by averaging the risk averaged into the risk original indices of the that pertain to Pre-Rule Quiet Zones also indices for all four of the crossings. To other crossings. The resulting average is the pertain to Pre-Rule Partial Quiet Zones. The calculate the Quiet Zone Risk Index, first re-Quiet Zone Risk Index.Quiet Zone Risk Index is calculated for the calculate the risk indices for B and D streets Pre-Existing Modified SSMs: Risk entire 24-hour period for Pre-Rule Partial by decreasing the traffic count for each reduction credit may be taken by a public Quiet Zones, even though train horns are crossing by 1,200. (The public authority authority for a modified SSM that was only silenced during the nighttime hours. decided that 2,400 motorists will decide to previously implemented and is currently in Pre-Rule Partial Quiet Zones may qualify for use the grade separation at C Street in order place in the quiet zone. Modified SSMs are automatic approval in the same manner as to avoid possible delays caused by passing Alternative Safety Measures which must be Pre-Rule Quiet Zones with one exception. If trains.) Increase the risk indices for A, B and approved by FRA. If an existing improvement the Quiet Zone Risk Index is less than twice D streets by 66.8% and divide the sum of the is approved by FRA as a modified SSM as the National Significant Risk Threshold, and VerDate jul<14>2003 19:03 Apr 26, 2005Jkt 205001PO 00000Frm 00065Fmt 4701Sfmt 4700E:\\FR\\FM\\27APR2.SGM27APR2 21908 Federal Register/Vol. 70, No. 80/Wednesday, April 27, 2005/Rules and Regulations there have been no relevant collisions during Notice of Intent has been provided. FRA agency responsible for grade crossing safety the time period when train horns are encourages public authorities to provide the and all affected railroads to participate in the silenced, then the Pre-Rule Partial Quiet required Notice of Intent early in the quiet diagnostic review. (¤¤222.25(b) and (c)) Zone is automatically qualified. In other zone development process. The railroads and 7. Each highway approach to every public words, a relevant collision that occurred State agencies can provide an expertise that and private crossing must have an advanced during the period of time that train horns very well may not be present within the warning sign (in accordance with the were sounded will not disqualify a Pre-Rule public authority. FRA believes that it will be MUTCD) that advises motorists that train Partial Quiet Zone that has a Quiet Zone Risk very useful to include these organizations in horns are not sounded at the crossing. Index that is less than twice the National the planning process. For example, including (¤¤222.25(c)(1), 222.35(c)(1) and Significant Risk Index. Pre-Rule Partial Quiet railroads and State agencies in the 222.35(c)(2)) Zones must provide the notification as inspections of the crossing will help ensure 8. Each pedestrian crossing must be required in ¤222.43 in order to keep train accurate Inventory information for the reviewed by a diagnostic team and equipped horns silenced. A Pre-Rule Partial Quiet Zone crossings. The railroad can provide or treated in accordance with the may be converted to a 24 hour New Quiet information on whether the flashing lights recommendation of the diagnostic team. The Zone by complying with all of the New Quiet and gates are equipped with constant public authority must invite the State agency Zone regulations. warning time and power out indicators. responsible for grade crossing safety and all Pedestrian crossings and private crossings affected railroads to participate in the D. Intermediate Quiet Zones with public access, industrial or commercial diagnostic review. At a minimum pedestrian An Intermediate Quiet Zone is one where use that are within the quiet zone must have crossings must be equipped with signs that horn restrictions were in place after October a diagnostic team review and be treated conform to the MUTCD that advise 9, 1996, but as of December 18, 2003 (the according to the team È s recommendations. pedestrians that train horns are not sounded publication date of the Interim Final Rule). Railroads and the State agency responsible at the crossing. (¤222.27) Intermediate Quiet Zones and Intermediate for grade crossing safety must be invited to B. New Quiet Zones—Public Authority Partial Quiet Zones will be able to keep train the diagnostic team review. Note: Please see Designation horns silenced until June 24, 2006, provided Section IV for details on the requirements of notification is made per ¤222.43. This will a Notice of Intent. Once again it should be remembered that enable public authority to have additional 2. Determine all public, private and all public crossings must be equipped with time to make the improvement necessary to pedestrian at-grade crossings that will be automatic warning devices consisting of come into compliance with the rule. included within the quiet zone. Also, flashing lights and gates in accordance with Intermediate Quiet Zones must conform to all determine any existing grade-separated ¤222.35(b). In addition, one of the following the requirements for New Quiet Zones by crossings that fall within the quiet zone. Each conditions must be met in order for a public June 24, 2006. Other than having the horn crossing must be identified by the US DOT authority to designate a new quiet zone silenced for an additional year, Intermediate Crossing Inventory number and street or without FRA approval: Quiet Zones are treated exactly like New highway name. If a crossing does not have a a. One or more SSMs as identified in Quiet Zones. US DOT crossing number, then contact FRA È s appendix A are installed at each public Office of Safety (202 à 493 à 6299) for crossing in the quiet zone (¤222.39(a)(1)); or Section II—New Quiet Zones assistance. b. The Quiet Zone Risk Index is equal to, FRA has established several approaches 3. Ensure that the quiet zone will be at or less than, the Nationwide Significant Risk that may be taken in order to establish a New least one-half mile in length. (¤222.35(a)(1)) Threshold without SSMs installed at any Quiet Zone under this rule. Please see the 4. A complete and accurate Grade Crossing crossings in the quiet zone (¤222.39(a)(2)(i)); preceding discussions on ÇÇ Qualifying Inventory Form must be on file with FRA for or Conditions ÈÈ and ÇÇ Risk Reduction Methods ÈÈ all crossings (public, private and pedestrian) c. SSMs are installed at selected crossings, to assist in the decision-making process on within the quiet zone. An inspection of each resulting in the Quiet Zone Risk Index being which approach to take. This following crossing in the proposed quiet zone should reduced to a level equal to, or less than, the discussion provides the steps necessary to be performed and the Grade Crossing Nationwide Significant Risk Threshold establish New Quiet Zones and includes both Inventory Forms updated, as necessary, to (¤222.39(a)(2)(ii)); or the Public Authority Designation and Public reflect the current conditions at each d. SSMs are installed at selected crossings, Authority Application to FRA methods. It crossing. (¤222.43(e)(2)(vi)) resulting in the Quiet Zone Risk Index being must be remembered that in a New Quiet 5. Every public crossing within the quiet reduced to a level of risk that would exist if Zone all public crossings must be equipped zone must be equipped with active warning the horn were sounded at every crossing in with flashing lights and gates. The devices comprising both flashing lights and the quiet zone (i.e., the Risk Index with requirements are the same regardless of gates. The warning devices must be equipped Horns) (¤222.39(a)(3)). whether a 24-hour or partial quiet zone is with power out indicators. Constant warning Steps necessary to establish a New Quiet being created. time circuitry is also required unless existing Zone using the Public Authority Application A. Requirements for Both Public Authority conditions would prevent the proper to FRA method: Designation and Public Authority operation of the constant warning time 1. If one or more SSMs as identified in Application circuitry. FRA recommends that these appendix A are installed at each public automatic warning devices also be equipped crossing in the quiet zone, the requirements The following steps are necessary when with at least one bell to provide an audible for a public authority designation quiet zone establishing a New Quiet Zone. This warning to pedestrians. If the warning have been met. It is not necessary for the information pertains to both the Public devices are already equipped with a bell (or same SSM to be used at each crossing. Once Authority Designation and Public Authority bells), the bells may not be removed or the necessary improvements have been Application to FRA methods. deactivated. The plans for the quiet zone may installed, Notice of Quiet Zone Establishment 1. The public authority must provide a be made assuming that flashing lights and shall be provided and the quiet zone written Notice of Intent (¤222.43(a)(1) and gates are at all public crossings; however the implemented in accordance with the rule. If ¤222.43(b)) to the railroads that operate over quiet zone may not be implemented until all SSMs are not installed at each crossings, the proposed quiet zone, the State agency public crossings are actually equipped with proceed on to Step 2 and use the risk responsible for highway and road safety and the flashing lights and gates. (¤¤222.35(b)(1) reduction method. the State agency responsible for grade and 222.35(b)(2)) 2. To begin, calculate the risk index for crossing safety. The purpose of this Notice of 6. Private crossings must have cross-bucks each public crossing within the quiet zone Intent is to provide an opportunity for the and ÇÇ STOP ÈÈ signs on both approaches to the (See appendix D. FRA È s web-based Quiet railroads and the State agencies to provide crossing. Private crossings with public Zone Calculator may be used to do this comments and recommendations to the access, industrial or commercial use must calculation). If flashing lights and gates have public authority as it is planning the quiet have a diagnostic team review and be treated to be installed at any public crossings, zone. They will have 60 days to provide these comments to the public authority. The according to the team È s recommendations. calculate the risk indices for such crossings quiet zone cannot be created unless the The public authority must invite the State as if lights and gates were installed. (Note: VerDate jul<14>2003 19:03 Apr 26, 2005Jkt 205001PO 00000Frm 00066Fmt 4701Sfmt 4700E:\\FR\\FM\\27APR2.SGM27APR2 Federal Register/Vol. 70, No. 80/Wednesday, April 27, 2005/Rules and Regulations 21909 Flashing lights and gates must be installed 7. If the public authority wishes to reduce The following discussion is meant to prior to initiation of the quiet zone.) If the the risk of the quiet zone to the level of risk provide guidance on the steps necessary to Inventory record does not reflect the actual establish a new quiet zone using the Public that would exist if the horn were sounded at conditions at the crossing, be sure to use the Authority Application to FRA method. Once every crossing within the quiet zone, the conditions that currently exist when again it should be remembered that all public public authority should calculate the initial calculating the risk index. Note: Private crossings must be equipped with automatic Quiet Zone Risk Index as in Step 4. The crossings and pedestrian crossings are not warning devices consisting of flashing lights objective is to now reduce the Quiet Zone included when computing the risk for the and gates in accordance with ¤222.35(b). Risk Index to the level of the Risk Index with proposed quiet zone. 1. Gather the information previously Horns by adding SSMs at the crossings. The 3. The Crossing Corridor Risk Index is then mentioned in the section on ÇÇ Requirements difference between the Quiet Zone Risk calculated by averaging the risk index for for both Public Authority Designation and Index and the Risk Index with Horns is the each public crossing within the proposed Public Authority Application.ÈÈ amount of risk that will have to be reduced quiet zone. Since train horns are routinely 2. Calculate the risk index for each public in order to fully compensate for lack of the being sounded for crossings in the proposed crossing as directed in Step 2 Ä Public train horn. The use of the Quiet Zone quiet zone, this value is also the Risk Index Authority Designation. Calculator will aid in determining which with Horns. 3. Calculate the Crossing Corridor Risk SSMs may be used to reduce the risk 4. In order to calculate the initial Quiet Index, which is also the Risk Index with sufficiently. Follow the procedure stated in Zone Risk Index, first adjust the risk index Horns, as directed in Step 3 Ä Public Step 6, except that the Quiet Zone Risk Index at each public crossing to account for the Authority Designation. must be equal to, or less than, the Risk Index increased risk due to the absence of the train 4. Calculate the initial Quiet Zone Risk with Horns instead of the Nationwide horn. The absence of the horn is reflected by Index as directed in Step 4 Ä Public Authority Significant Risk Threshold. Once this risk an increased risk index of 66.8% at gated Designation. level is attained, the quiet zone has qualified crossings. The initial Quiet Zone Risk Index 5. Begin to reduce the Quiet Zone Risk for the public authority designation method, is then calculated by averaging the increased Index through the use of ASMs and SSMs. and Notice of Quiet Zone Establishment must risk index for each public crossing within the Follow the procedure provided in Step 6 Ä be provided once all the necessary proposed quiet zone. At this point the Quiet Public Authority Designation until the Quiet improvements have been installed. One Zone Risk Index will equal the Risk Index Zone Risk Index has been reduced to equal important distinction with this option is that with Horns multiplied by 1.668. to, or less than, either the Nationwide the public authority will never need to be 5. Compare the Quiet Zone Risk Index to Significant Risk Threshold or the Risk Index concerned with the Nationwide Significant the Nationwide Significant Risk Threshold. If with Horns. (Remember that the public Risk Threshold or the Quiet Zone Risk Index. the Quiet Zone Risk Index is equal to, or less authority may choose which level of risk The rule È s intent is to make the quiet zone than, the Nationwide Significant Risk reduction is the most appropriate for its as safe as if the train horns were sounding. Threshold, then the public authority may community.) Effectiveness rates for ASMs If this is accomplished, the public authority decide to designate a quiet zone and provide should be provided as follows: may designate the crossings as a quiet zone the Notice of Quiet Zone Establishment. With a. Modified SSMs Ä Estimates of and need not be concerned with possible this approach, FRA will annually recalculate effectiveness for modified SSMs may be fluctuations in the Nationwide Significant the Nationwide Significant Risk Threshold proposed based upon adjustments from the Risk Threshold or annual risk reviews. and the Quiet Zone Risk Index. If the Quiet effectiveness rates provided in appendix A or Zone Risk Index for the quiet zone rises from actual field data derived from the C. New Quiet Zones—Public Authority above the Nationwide Significant Risk crossing sites. The application should Application to FRA Threshold, FRA will notify the Public provide an estimated effectiveness rate and A public authority must apply to FRA for Authority so that appropriate measures can the rationale for the estimate. approval of a quiet zone under three be taken. (See ¤222.51(a)). b. Non-engineering ASMs Ä Effectiveness conditions. First, if any of the SSMs selected 6. If the Quiet Zone Risk Index is greater rates are to be calculated in accordance with for the quiet zone do not fully conform to the than the Nationwide Significant Risk the provisions of appendix B, paragraph II B. design standards set forth in appendix A. Threshold, then select an appropriate SSM c. Engineering ASMs Ä Effectiveness rates These are referred to as modified SSMs in for a crossing. Reduce the inflated risk index are to be calculated in accordance with the appendix B. Second, when programmed law calculated in Step 4 for that crossing by the provisions of appendix B, paragraph III B. enforcement, public education and effectiveness rate of the chosen SSM. (See 6. Once it has been determined through awareness programs, or photo enforcement is appendix A for the effectiveness rates for the analysis that the Quiet Zone Risk Index has used to reduce risk in the quiet zone, these various SSMs). Recalculate the Quiet Zone been reduced to equal to, or less than, either are referred to as non-engineering ASMs in Risk Index by averaging the revised inflated the Nationwide Significant Risk Threshold or appendix B. It should be remembered that risk index with the inflated risk indices for the Risk Index with Horns, the public non-engineering ASMs will require periodic the other public crossings. If this new Quiet authority may make application to FRA for monitoring as long as the quiet zone is in Zone Risk Index is equal to, or less than, the a quiet zone under ¤222.39(b). FRA will existence. Third, when engineering ASMs are Nationwide Significant Risk Threshold, the review the application to determine the used to reduce risk. Please see appendix B for quiet zone would qualify for public authority appropriateness of the proposed effectiveness detailed explanations of ASMs and the designation. If the Quiet Zone Risk Index is rates, and whether or not the proposed periodic monitoring of non-engineering still higher than the Nationwide Significant application demonstrates that the quiet zone ASMs. Risk Threshold, treat another public crossing meets the requirements of the rule. When The public authority is strongly with an appropriate SSM and repeat the submitting the application to FRA for encouraged to submit the application to FRA process until the Quiet Zone Risk Index is approval, the application must contain the for review and comment before the appendix equal to, or less than, the Nationwide following (¤222.39(b)(1)): B treatments are initiated. This will enable Significant Risk Threshold. Once this result a. Sufficient detail concerning the present FRA to provide comments on the proposed is obtained, the quiet zone has qualified for safety measures at all crossings within the ASMs to help guide the application process. the public authority designation method, and proposed quiet zone. This includes current If non-engineering ASMs or engineering Notice of Quiet Zone Establishment must be and accurate crossing inventory forms for ASMs are proposed, the public authority also provided once all the necessary each public and private grade crossing. may wish to confirm with FRA that the improvements have been installed. With this b. Detailed information on the SSMs or methodology it plans to use to determine the approach, FRA will annually recalculate the ASMs that are proposed to be implemented effectiveness rates of the proposed ASMs is Nationwide Significant Risk Threshold and and at which public crossings within the appropriate. A quiet zone that utilizes a the Quiet Zone Risk Index. If the Quiet Zone proposed quiet zone. combination of SSMs from appendix A and Risk Index for the quiet zone rises above the c. Membership and recommendations of ASMs from appendix B must make a Public Nationwide Significant Risk Threshold, FRA the diagnostic team (if any) that reviewed the Authority Application to FRA. A complete will notify the public authority so that proposed quiet zone. appropriate measures can be taken. (See and thoroughly documented application will d. Statement of efforts taken to work with ¤222.51(a)). help to expedite the approval process. affected railroads and the State agency VerDate jul<14>2003 19:03 Apr 26, 2005Jkt 205001PO 00000Frm 00067Fmt 4701Sfmt 4700E:\\FR\\FM\\27APR2.SGM27APR2 21910 Federal Register/Vol. 70, No. 80/Wednesday, April 27, 2005/Rules and Regulations responsible for grade crossing safety, Section III—Pre-Rule Quiet Zones Quiet Zone Risk Index is calculated by including a list of any objections raised by averaging the existing risk index for each Pre-Rule Quiet Zones are treated slightly the railroads or State agency. public crossing without the need to increase differently from New Quiet Zones in the rule. e. A commitment to implement the the risk index by 66.8%. For Pre-Rule Quiet This is a reflection of the statutory proposed safety measures. Zones, the Crossing Corridor Risk Index and requirement to ÇÇ take into account the interest f. Demonstrate through data and analysis the initial Quiet Zone Risk Index have the of communities that have in effect that the proposed measures will reduce the restrictions on the sounding of a locomotive same value. Quiet Zone Risk Index to equal, to or less horn at highway-rail grade crossings***.ÈÈ (2) Second, since train horns have been than, either the Nationwide Significant Risk It also recognizes the historical experience of silenced at the crossings, it will be necessary Threshold or the Risk Index with Horns. train horns not being sounded at Pre-Rule to mathematically determine what the risk g. A copy of the application must be Quiet Zones. level would have been at the crossings if provided to: all railroads operating over the train horns had been routinely sounded. Overview public highway-rail grade crossings within These revised risk levels then will be used the quiet zone; the highway or traffic control Pre-Rule Quiet Zones that are not to calculate the Risk Index with Horns. This or law enforcement authority having established by automatic approval (see calculation is necessary to determine how jurisdiction over vehicular traffic at grade discussion that follows) must meet the same much risk must be eliminated in order to crossings within the quiet zone; the requirements as New Quiet Zones as compensate for the lack of the train horn. landowner having control over any private provided in ¤222.39. In other words, risk This will allow the public authority to have crossings within the quiet zone; the State must be reduced through the use of SSMs or agency responsible for highway and road the choice to reduce the risk to at least the ASMs so that the Quiet Zone Risk Index for safety; the State agency responsible for grade level of the Nationwide Significant Risk the quiet zone has been reduced to either the crossing safety; and the Associate Threshold or to fully compensate for the lack risk level which would exist if locomotive Administrator. (¤222.39(b)(3)) of the train horn. horns sounded at all crossings in the quiet 7. Upon receiving written approval from zone (i.e. the Risk Index with Horns) or to a To calculate the Risk Index with Horns, the FRA of the quiet zone application, the public risk level equal to, or less than, the first step is to divide the existing severity risk authority may then provide the Notice of Nationwide Significant Risk Threshold. Pre- index for each crossing by the appropriate Quiet Zone Establishment and implement the Rule Quiet Zones must meet these value as shown in Table 1. This process quiet zone. If the quiet zone is qualified by requirements by June 24, 2010. eliminates the risk that was caused by the reducing the Quiet Zone Risk Index to at the (¤222.41(c)(2)) There are four differences in absence of train horns. The table takes into least the level of the Nationwide Significant the requirements between Pre-Rule Quiet account that the train horn has been found Risk Threshold, FRA will annually Zones and New Quiet Zones that must be to produce different levels of effectiveness in recalculate the Nationwide Significant Risk noted. preventing collisions depending on the type Threshold and the Quiet Zone Risk Index. If (1) First, since train horns have not been of warning device at the crossing. (Note: the Quiet Zone Risk Index for the quiet zone routinely sounded in the Pre-Rule Quiet FRA È s web based Quiet Zone Calculator will rises above the Nationwide Significant Risk Zone, it is not necessary to increase the risk perform this computation automatically for Threshold, FRA will notify the public indices of the public crossings to reflect the Pre-Rule Quiet Zones.) The Risk Index with authority so that appropriate measures can be additional risk caused by the lack of a train Horns is the average of the revised risk taken. (See ¤222.51(a)) horn. Since the train horn has already been indices. The difference between the Note: The provisions stated above for silenced, the added risk caused by the lack calculated Risk Index with Horns and the crossing closures, grade separations, wayside of a horn is reflected in the actual collision Quiet Zone Risk Index is the amount of risk horns, pre-existing SSMs and pre-existing history at the crossings. Collision history is that would have to be reduced in order to modified SSMs apply for Public Authority an important part in the calculation of the Application to FRA as well.severity risk indices. In other words, the fully compensate for the lack of train horns. T ABLE 1.—R ISK I NDEX D IVISOR V ALUES Passive Flashing lights Lights and gates U.S...................................................................................................................................1.7491.3091.668 (3) The third difference is that credit is prediction value for that crossing will be re-retained but cannot be downgraded. It also is given for the risk reduction that is brought calculated based on the upgraded warning not necessary for the automatic warning about through the upgrading of the warning device. (Once again, FRA È s web-based Quiet devices to be equipped with constant devices at public crossings (¤222.35(b)(3)). Zone Calculator can do the actual warning time devices or power out For New Quiet Zones, all crossings must be computation.) The new accident prediction indicators; however, when the warning equipped with automatic warning devices value is then used in the severity risk index devices are upgraded, constant warning time consisting of flashing lights and gates. formula to determine the risk index for the and power out indicators will be required if Crossings without gates must have gates crossing. This adjusted risk index is then reasonably practical (¤222.35(b)(3)). Advance installed. The severity risk index for that used to compute the new Quiet Zone Risk warning signs that notify the motorist that crossing is then calculated to establish the Index. This computation allows the risk train horns are not sounded and STOP signs risk index that is used in the Risk Index with reduction attributed to the warning device and crossbucks at private crossings do not Horns. The Risk Index with Horns is then upgrades to be used in establishing a quiet have to be installed until June 24, 2008, increased by 66.8% to adjust for the lack of zone. which allows three years to install the the train horn. The adjusted figure is the (4) The fourth difference is that Pre-Rule required signage (¤¤222.35(c)(3) and initial Quiet Zone Risk Index. There is no Quiet Zones have different minimum 222.35(c)(4)). credit received for the risk reduction that is requirements under ¤222.35. A Pre-Rule A. Requirements for Both Public Authority attributable to warning device upgrades in Quiet Zone may be less than one-half mile in Designation and Public Authority New Quiet Zones. length if that was its length as of October 9, Application Ä Pre-Rule Quiet Zones For Pre-Rule Quiet Zones, the Risk Index 1996 (¤222.35(a)(2)). A Pre-Rule Quiet Zone The following is necessary when with Horns is calculated from the initial risk does not have to have automatic warning establishing a Pre-Rule Quiet Zone. This indices which use the warning devices that devices consisting of flashing lights and gates information pertains to Automatic Approval, are currently installed. If a public authority at every public crossing (¤222.35(b)(3)). The the Public Authority Designation and Public elects to upgrade an existing warning device existing crossing safety warning systems in as part of its quiet zone plan, the accident place as of December 18, 2003 may be Authority Application to FRA methods. VerDate jul<14>2003 19:03 Apr 26, 2005Jkt 205001PO 00000Frm 00068Fmt 4701Sfmt 4700E:\\FR\\FM\\27APR2.SGM27APR2 Federal Register/Vol. 70, No. 80/Wednesday, April 27, 2005/Rules and Regulations 21911 1. Determine all public, private and no later than June 3, 2005 to ensure that train 4. The Quiet Zone Risk Index is then pedestrian at-grade crossings that will be horns will not start being sounded on June calculated by averaging the risk index for 24, 2005. A Pre-Rule Quiet Zone may provide included within the quiet zone. Also each public crossing within the proposed a Notice of Quiet Zone Continuation before determine any existing grade separated quiet zone. (Note: The initial Quiet Zone Risk it has determined whether or not it qualifies crossings that fall within the quiet zone. Each Index and the Crossing Corridor Risk Index for automatic approval. Once it has been crossing must be identified by the U.S. DOT are the same for Pre-Rule Quiet Zones.) determined that the Pre-Rule Quiet Zone will Crossing Inventory number and street name. 5. Compare the Quiet Zone Risk Index to be established by automatic approval, the If a crossing does not have a U.S. DOT the Nationwide Significant Risk Threshold. If Public Authority must provide the Notice of crossing number, then contact FRA for the Quiet Zone Risk Index is equal to, or less Quiet Zone Establishment. This must be assistance. than, the Nationwide Significant Risk accomplished no later than December 24, 2. Document the length of the quiet zone. Threshold, then the quiet zone qualifies for 2005. If the Pre-Rule Quiet Zone does not It is not necessary that the quiet zone be at automatic approval, and the public authority qualify for automatic approval, the Notice of least one-half mile in length. Pre-Rule Quiet may provide the Notice of Quiet Zone Quiet Zone Continuation will enable the Zones may be shorter than one-half mile. Establishment. With this approach, FRA will train horns to be silenced until the quiet zone However, the addition of a new crossing that annually recalculate the Nationwide is established in accordance with the rule. is not a part of an existing Pre-Rule Quiet Significant Risk Threshold and the Quiet Zone to a quiet zone nullifies its pre-rule B. Pre-Rule Quiet Zones Ä Automatic Zone Risk. If the Quiet Zone Risk Index for status, and the resulting New Quiet Zone Approval the quiet zone is found to be above the must be at least one-half mile. The deletion Nationwide Significant Risk Threshold, FRA In order for a Pre-Rule Quiet Zone to be of a crossing from a Pre-Rule Quiet Zone will notify the public authority so that established under this rule (¤222.41(a)), one (except through closure or grade separation) appropriate measures can be taken (See of the following conditions must be met: must result in a quiet zone that is at least one ¤222.51(b)). If the Pre-Rule Quiet Zone is not a. One or more SSMs as identified in half mile in length. It is the intent of the rule established by this step, proceed on to the appendix A are installed at each public to allow adjacent Pre-Rule Quiet Zones to be next step. crossing in the quiet zone; or combined into one large pre-rule quiet zone 6. If the Quiet Zone Risk Index is above the b. The Quiet Zone Risk Index is equal to, if the respective public authorities desire to Nationwide Significant Risk Threshold, but or less than, the Nationwide Significant Risk do so. less than twice the Nationwide Significant Threshold; or 3. A complete and accurate Grade Crossing Risk Threshold and there have been no c. The Quiet Zone Risk Index is above the Inventory Form must be on file with FRA for relevant collisions at any public grade Nationwide Significant Risk Threshold but all crossings (public, private and pedestrian) crossing within the quiet zone for the less than twice the Nationwide Significant within the quiet zone. An inspection of each preceding five years, then the quiet zone Risk Threshold and there have been no crossing in the proposed quiet zone should qualifies for automatic approval and the relevant collisions at any public grade be performed and the Grade Crossing public authority may provide the Notice of crossing within the quiet zone for the Inventory Forms updated, as necessary, to Quiet Zone Establishment. (Note: A relevant preceding five years; or reflect the current conditions at each collision means a collision at a highway-rail d. The Quiet Zone Risk Index is equal to, crossing. grade crossing between a train and a motor or less than, the Risk Index With Horns. 4. Pre-Rule Quiet Zones must retain, and vehicle, excluding the following: a collision Additionally, the Pre-Rule Quiet Zone may upgrade, the existing grade crossing resulting from an activation failure of an must be in compliance with the minimum safety warning systems. Unlike New Quiet active grade crossing warning system; a requirements for quiet zones (¤222.35) and Zones, it is not necessary that every public collision in which there is no driver in the the notification requirements in ¤222.43. crossing within a Pre-Rule Quiet Zone be motor vehicle; or a collision where the The following discussion is meant to equipped with active warning devices highway vehicle struck the side of the train provide guidance on the steps necessary to comprising both flashing lights and gates. beyond the fourth locomotive unit or rail determine if a Pre-Rule Quiet Zone qualifies Existing warning devices need not be car.) With this approach, FRA will annually for automatic approval. equipped with power out indicators and recalculate the Nationwide Significant Risk 1. All of the items listed in Requirements constant warning time circuitry. If warning for Both Public Authority Designation and Threshold and the Quiet Zone Risk. If the devices are upgraded to flashing lights, or Public Authority Application—Pre-Rule Quiet Zone Risk Index for the quiet zone is flashing lights and gates, the upgraded Quiet Zones previously mentioned are to be above two times the Nationwide Significant equipment must include, as is required for accomplished. Remember that a Pre-Rule Risk Threshold, or a relevant collision has New Quiet Zones, power out indicators and Quiet Zone may be less than one-half mile in occurred during the preceding year, FRA will constant warning time devices (if reasonably length if that was its length as of October 9, notify the public authority so that practical). 1996. Also, a Pre-Rule Quiet Zone does not appropriate measures can be taken (See 5. By June 24, 2008, private crossings must have to have automatic warning devices ¤222.51(b)). have cross-bucks and ÇÇ STOP ÈÈ signs on both consisting of flashing lights and gates at 7. If the Pre-Rule Quiet Zone is not approaches to the crossing. every public crossing. established by automatic approval, 6. By June 24, 2008, pedestrian crossings 2. If one or more SSMs as identified in continuation of the quiet zone will require must be equipped with signs that conform to appendix A are installed at each public implementation of SSMs or ASMs to reduce the MUTCD that advise pedestrians that train crossing in the quiet zone, the quiet zone the Quiet Zone Risk Index for the quiet zone horns are not sounded at the crossing. qualifies and notification should take place. to a risk level equal to, or below, either the 7. By June 24, 2008, each highway If the Pre-Rule Quiet Zone does not qualify risk level which would exist if locomotive approach to every public and private crossing by this step, proceed on to the next step. horns sounded at all crossings in the quiet must have an advanced warning sign (in 3. Calculate the risk index for each public zone (i.e. the Risk Index with Horns) or the accordance with the MUTCD) that advises crossing within the quiet zone (See appendix Nationwide Significant Risk Threshold. This motorists that train horns are not sounded at D.) Be sure that the risk index is calculated is the same methodology used to create New the crossing. using the formula appropriate for the type of Quiet Zones with the exception of the four 8. It will be necessary for the public warning device that is actually installed at differences previously noted. A review of the authority to provide a Notice of Quiet Zone the crossing. Unlike New Quiet Zones, it is previous discussion on the two methods used Continuation in order for the railroads not to not necessary to calculate the risk index to establish quiet zones may prove helpful in start sounding train horns when the rule using flashing lights and gates as the warning determining which would be the most becomes effective. A detailed discussion of device at every public crossing. (FRA È s web- beneficial to use for a particular Pre-Rule the requirements of ¤222.43(c) is provided in based Quiet Zone Calculator may be used to Quiet Zone. Section IV of this appendix. The Notice of simplify the calculation process). If the C. Pre-Rule Quiet Zones Ä Public Authority Quiet Zone Continuation must be provided to Inventory record does not reflect the actual Designation the appropriate parties by all Pre-Rule Quiet conditions at the crossing, be sure to use the Zones that have not established quiet zones conditions that currently exist when The following discussion is meant to by automatic approval. This should be done calculating the risk index. provide guidance on the steps necessary to VerDate jul<14>2003 19:03 Apr 26, 2005Jkt 205001PO 00000Frm 00069Fmt 4701Sfmt 4700E:\\FR\\FM\\27APR2.SGM27APR2 21912 Federal Register/Vol. 70, No. 80/Wednesday, April 27, 2005/Rules and Regulations establish a Pre-Rule Quiet Zone using the prediction value for that crossing must be re-Public Authority Application Ä Pre-Rule Public Authority Designation method. calculated for the new warning device. Quiet Zones ÈÈ previously mentioned are to be Determine the new risk index for the 1. The public authority must provide a accomplished. Remember that a Pre-Rule upgraded crossing by using the new accident written Notice of Detailed Plan Quiet Zone may be less than one-half mile in prediction value in the severity risk index (¤¤222.43(a)(3) and 222.43(d)) to the length if that was its length as of October 9, formula. This new risk index is then used to railroads that operate over the proposed quiet 1996. Also, a Pre-Rule Quiet Zone does not compute the new Quiet Zone Risk Index. have to have automatic warning devices zone, the State agency responsible for (Remember that FRA È s web-based Quiet zone highway and road safety and the State agency consisting of flashing lights and gates at Calculator will be able to do the actual responsible for grade crossing safety. This every public crossing. computations.) Once the Quiet Zone Risk notice must be given at least four months 3. Calculate the risk index for each public Index has been reduced to equal to, or less before the filing of the detailed plan with crossing within the quiet zone (See appendix than, either the Nationwide Significant Risk FRA as required in ¤222.41(c)(2). The D. FRA È s web-based Quiet Zone Calculator Threshold or the Risk Index with Horns, the purpose of this Notice of Detailed Plan is to may be used to simplify the calculation quiet zone has qualified for the Public provide an opportunity for the railroads and process). If the Inventory record does not Authority Designation method, and the the State agencies to provide comments and reflect the actual conditions at the crossing, public authority may provide the Notice of recommendations to the public authority as be sure to use the conditions that currently Quiet Zone Establishment once all the it is planning the quiet zone. They will have exist when calculating the risk index. necessary improvements have been installed. 60 days to provide these comments to the 4. The Crossing Corridor Risk Index is then If the quiet zone is established by reducing public authority. The quiet zone cannot be calculated by averaging the risk index for the Quiet Zone Risk Index to a risk level created unless the Notice of Detailed Plan has each public crossing within the proposed equal to, or less than, the Nationwide been provided. FRA encourages public quiet zone. Since train horns are not being Significant Risk Threshold, FRA will authorities to provide the required Notice of sounded for crossings, this value is actually annually recalculate the Nationwide Detailed Plan early in the quiet zone the initial Quiet Zone Risk Index. Significant Risk Threshold and the Quiet development process. The railroads and State 5. Calculate Risk Index with Horns by the Zone Risk Index. If the Quiet Zone Risk agencies can provide an expertise that very following: Index for the quiet zone rises above the well may not be present within the public a. For each public crossing, divide its risk Nationwide Significant Risk Threshold, FRA authority. FRA believes that it will be very index that was calculated in Step 2 by the will notify the public authority so that useful to include these organizations in the appropriate value in Table 1. This produces appropriate measures can be taken (See planning process. For example, including the risk index that would have existed had ¤222.51(b)). them in the inspections of the crossing will the train horn been sounded. Note: The provisions stated above for help ensure accurate Inventory information b. Average these reduced risk indices crossing closures, grade separations, wayside for the crossings. Note: Please see Section IV together. The resulting average is the Risk horns, pre-existing SSMs and pre-existing for details on the requirements of a Notice of Index with Horns. modified SSMs apply for Public Authority Detailed Plan. 6. Begin to reduce the Quiet Zone Risk Application to FRA as well. 2. All of the items listed in ÇÇ Requirements Index through the use of ASMs and/or SSMs. for both Public Authority Designation and Follow the procedure provided in Step 6 Ä D. Pre-Rule Quiet Zones Ä Public Authority Public Authority Application Ä Pre-Rule New Quiet Zones Public Authority Application to FRA Quiet Zones ÈÈ previously mentioned are to be Designation Ä until the Quiet Zone Risk Index The following discussion is meant to accomplished. Remember that a Pre-Rule has been reduced to a level equal to, or less provide guidance on the steps necessary to Quiet Zone may be less than one-half mile in than, either the Nationwide Significant Risk establish a Pre-Rule Quiet zone using the length if that was its length as of October 9, Threshold or the Risk Index with Horns. A Public Authority Application to FRA 1996. Also, a Pre-Rule Quiet Zone does not public authority may elect to upgrade an method. have to have automatic warning devices existing warning device as part of its Pre- 1. The public authority must provide a consisting of flashing lights and gates at Rule Quiet Zone plan. When upgrading a written Notice of Detailed Plan every public crossing. warning device, the accident prediction (¤¤222.43(a)(3) and 222.43(d)) to the 3. Calculate the risk index for each public value for that crossing must be re-calculated railroads that operate over the proposed quiet crossing within the quiet zone as in Step 3 Ä for the new warning device. Determine the zone, the State agency responsible for Pre-Rule Quiet Zones Ä Automatic Approval. new risk index for the upgraded crossing by highway and road safety and the State agency 4. The Crossing Corridor Risk Index is then using the new accident prediction value in responsible for grade crossing safety. This calculated by averaging the risk index for the severity risk index formula. (Remember notice must be given at least four months each public crossing within the proposed that FRA È s web-based quiet zone risk before the filing of the detailed plan with quiet zone. Since train horns are not being calculator will be able to do the actual FRA as required in ¤222.41(c)(2). The sounded for crossings, this value is actually computations.) This new risk index is then purpose of this Notice of Detailed Plan is to the initial Quiet Zone Risk Index. used to compute the new Quiet Zone Risk provide an opportunity for the railroads and 5. Calculate Risk Index with Horns by the Index. Effectiveness rates for ASMs should be the State agencies to provide comments and following: provided as follows: recommendations to the public authority as a. For each public crossing, divide the risk a. Modified SSMs Ä Estimates of it is planning the quiet zone. They will have index that was calculated in Step 2 by the effectiveness for modified SSMs may be 60 days to provide these comments to the appropriate value in Table 1. This produces proposed based upon adjustments from the public authority. The quiet zone cannot be the risk index that would have existed had benchmark levels provided in appendix A or created unless the Notice of Detailed Plan has the train horn been sounded. from actual field data derived from the been provided. FRA encourages public b. Average these reduced risk indices crossing sites. The application should authorities to provide the required Notice of together. The resulting average is the Risk provide an estimated effectiveness rate and Detailed Plan early in the quiet zone Index with Horns. the rationale for the estimate. development process. The railroads and State 6. Begin to reduce the Quiet Zone Risk b. Non-engineering ASMs Ä Effectiveness agencies can provide an expertise that very Index through the use of SSMs or by rates are to be calculated in accordance with well may not be present within the public upgrading existing warning devices. Follow the provisions of appendix B, section II B. authority. FRA believes that it will be very the procedure provided in Step 6 Ä Public c. Engineering ASMs Ä Effectiveness rates useful to include these organizations in the Authority Designation until the Quiet Zone are to be calculated in accordance with the planning process. For example, including Risk Index has been reduced to a level equal provisions of appendix B, section III B. them in the inspections of the crossing will to, or less than, either the Nationwide 7. Once it has been determined through help ensure accurate Inventory information Significant Risk Threshold or the Risk Index analysis that the Quiet Zone Risk Index has for the crossings. Note: Please see Section IV with Horns. A public authority may elect to been reduced to a level equal to, or less than, for details on the requirements of a Notice of upgrade an existing warning device as part of either the Nationwide Significant Risk Detailed Plan. its Pre-Rule Quiet Zone plan. When 2. All of the items listed in ÇÇ Requirements Threshold or the Risk Index with Horns, the upgrading a warning device, the accident for both Public Authority Designation and public authority may make application to VerDate jul<14>2003 19:03 Apr 26, 2005Jkt 205001PO 00000Frm 00070Fmt 4701Sfmt 4700E:\\FR\\FM\\27APR2.SGM27APR2 Federal Register/Vol. 70, No. 80/Wednesday, April 27, 2005/Rules and Regulations 21913 FRA for a quiet zone under ¤222.39(b). FRA authority may have to make more than one State agency that receives the Notice of Intent will review the application to determine the notification during the entire process of provides either written comments to the appropriateness of the proposed effectiveness complying with the regulation. The public authority or a written statement rates, and whether or not the proposed notification process is to ensure that waiving its right to provide comments on the application demonstrates that the quiet zone interested parties are made aware in a timely Notice of Intent. The public authority must meets the requirements of the rule. When manner of the establishment or continuation provide an affirmation in the Notice of Quiet submitting the application to FRA for of quiet zones. It will also provide an Zone Establishment that each of the required approval, it should be remembered that the opportunity for State agencies and affected parties was provided the Notice of Intent and application must contain the following railroads to provide input to the public the date it was mailed. If the quiet zone is (¤222.39(b)(1)): authority during the development of quiet being established within 60 days of the a. Sufficient detail concerning the present zones. Specific information is to be provided mailing of the Notice of Intent, the public safety measures at all crossings within the so that the crossings in the quiet zone can be authority also must affirm each of the parties proposed quiet zone. This includes current identified. Providing the appropriate have provided written comments or waived and accurate crossing inventory forms for notification is important because once the its right to provide comments on the Notice each public and private grade crossing. rule becomes effective, railroads will be of Quiet Zone Establishment. b. Detailed information on the SSMs, obligated to sound train horns when C. Notice of Quiet Zone Continuation— ASMs, or upgraded warning devices that are approaching all public crossings unless §222.43(c) proposed to be implemented and at which notified in accordance with the rule that a The purpose of the Notice of Quiet Zone public crossings within the proposed quiet New Quiet Zone has been established or that Continuation is to provide a means for the zone. a Pre-Rule or Intermediate Quiet Zone is public authority to formally advise affected c. Membership and recommendations of being continued. parties that an existing quiet zone is being the diagnostic team (if any) that reviewed the B. Notice of Intent—§222.43(b) continued after the effective date of the rule. proposed quiet zone. The purpose of the Notice of Intent is to All Pre-Rule, Pre-Rule Partial, Intermediate d. Statement of efforts taken to work with provide notice to the railroads and State and Intermediate Partial Quiet Zones must affected railroads and the State agency agencies that the public authority is planning provide this Notice of Quiet Zone responsible for grade crossing safety, on creating a New Quiet Zone and to provide Continuation no later than June 3, 2005 to including a list of any objections raised by an opportunity for the railroad and the state ensure that train horns are not sounded at the railroads or State agency. agencies to give input to the public authority public crossings when the rule becomes e. A commitment to implement the during the quiet zone development process. effective on June 24, 2005. This will enable proposed safety measures. (Note: This includes Intermediate and railroads to properly comply with the f. Demonstrate through data and analysis Intermediate Partial Quiet Zones that must requirements of the Final Rule. that the proposed measures will reduce the qualify as New Quiet Zones in order to keep Each public authority that is continuing an Quiet Zone Risk Index to, or below, either the the train horn silenced as of June 24, 2006.) existing Pre-Rule, Pre-Rule Partial, Nationwide Significant Risk Threshold or the The State agencies and railroads will be Intermediate and Intermediate Partial Quiet Risk Index with Horns. given sixty days to provide information and Zone must provide written notice, by g. A copy of the application must be comments to the public agency. Each public certified mail, return receipt requested, to the provided to all railroads operating over the authority that is creating a New Quiet Zone following: public highway-rail grade crossings within must provide written notice, by certified 1. All railroads operating over the public the quiet zone; the highway or traffic control mail, return receipt requested, to the highway-rail grade crossings within the quiet or law enforcement authority having following: zone. jurisdiction over vehicular traffic at grade 1. All railroads operating within the 2. The highway or traffic control or law crossings within the quiet zone; the proposed quiet zone. enforcement authority having jurisdiction landowner having control over any private 2. State agency responsible for highway over vehicular traffic at grade crossings crossings within the quiet zone; the State and road safety. within the quiet zone. agency responsible for highway and road 3. State agency responsible for grade 3. The landowner having control over any safety; the State agency responsible for grade crossing safety. private crossings within the quiet zone. crossing safety; and the Associate The Notice of Intent must contain the 4. The State agency responsible for Administrator. (¤222.39(b)(3)) following information: highway and road safety. 8. Upon receiving written approval from 1. A list of each public highway-rail grade 5. The State agency responsible for grade FRA of the quiet zone application, the public crossing, private highway-rail grade crossing, crossing safety. authority may then provide the Notice of and pedestrian crossings within the proposed 6. The Associate Administrator. Quiet Zone Establishment and implement the quiet zone. The crossings are to be identified The Notice of Quiet Zone Continuation quiet zone. If the quiet zone is established by by both the U.S. DOT Crossing Inventory must contain the following information: reducing the Quiet Zone Risk Index to a level Number and the street or highway name. 1. A list of each public highway-rail grade equal to, or less than, the Nationwide 2. A statement of the time period within crossing, private highway-rail grade crossing, Significant Risk Threshold, FRA will which the restrictions would be in effect on and pedestrian crossing within the quiet annually recalculate the Nationwide the routine sounding of train horns (i.e., 24 zone, identified by both U.S. DOT National Significant Risk Threshold and the Quiet hours or from 10 p.m. to 7 a.m.). Highway-Rail Grade Crossing Inventory Zone Risk. If the Quiet Zone Risk Index for 3. A brief explanation of the public Number and street or highway name. the quiet zone is above the Nationwide authority È s tentative plans for implementing 2. A specific reference to the regulatory Significant Risk Threshold, FRA will notify improvements within the proposed quiet provision that provides the basis for quiet the public authority so that appropriate zone. zone continuation, citing as appropriate, measures can be taken (See ¤222.51(b)). 4. The name and title of the person who ¤222.41 or 222.42. Note: The provisions stated above for will act as the point of contact during the 3. A statement of the time period within crossing closures, grade separations, wayside quiet zone development process and how which restrictions on the routine sounding of horns, pre-existing SSMs and pre-existing that person can be contacted. the locomotive horn will be imposed (i.e., 24 modified SSMs apply for Public Authority 5. A list of the names and addresses of each hours or nighttime hours only.) Application to FRA as well. party that will receive a copy of the Notice 4. An accurate and complete Grade of Intent. Crossing Inventory Form for each public Section IV—Required Notifications The parties that receive the Notice of Intent highway-rail grade crossing, private highway- A. Introduction will be able to submit information or rail grade crossing, and pedestrian crossing The public authority is responsible for comments to the public authority for 60 days. within the quiet zone that reflects conditions providing notification to parties that will be The public authority will not be able to currently existing at the crossing. affected by the quiet zone. There are several establish the quiet zone during the 60 day 5. The name and title of the person different types of notifications and a public comment period unless each railroad and responsible for monitoring compliance with VerDate jul<14>2003 19:03 Apr 26, 2005Jkt 205001PO 00000Frm 00071Fmt 4701Sfmt 4700E:\\FR\\FM\\27APR2.SGM27APR2 21914 Federal Register/Vol. 70, No. 80/Wednesday, April 27, 2005/Rules and Regulations the requirements of this part and the manner The parties that receive the Notice of include a copy of the FRA web page that in which that person can be contacted. Detailed Plan will be able to submit contains the quiet zone data upon which the 6. A list of the names and addresses of each information or comments to the public public authority is relying. party that will receive the Notice of Quiet authority for 60 days. The public authority (b) If the Notice of Quiet Establishment Zone Continuation. must provide an affirmation that each of the contains a specific reference to ¤222.39(b), it 7. A statement signed by the chief parties has provided been provided the shall include a copy of FRA È s notification of executive officer of each public authority Notice of Detailed Plan and provide the date approval. participating in the continuation of the quiet that the notice was mailed. 3. If a diagnostic team review was required zone, in which the chief executive officer under ¤222.25 (private crossings) or ¤222.27 E. Notice of Quiet Zone Establishment— certifies that the information submitted by (pedestrian crossings), the Notice of Quiet §222.43(e) the public authority is accurate and complete Establishment shall include a statement The purpose of the Notice of Quiet Zone to the best of his/her knowledge and belief. affirming that the State agency responsible Establishment is to provide a means for the for grade crossing safety and all affected Public authorities should remember that public authority to formally advise affected railroads were provided an opportunity to this notice is required to ensure that train parties that a quiet zone is being established. participate in the diagnostic team review. horns will remain silent. Even if a public Notice of Quiet Zone Establishment must be The Notice of Quiet Establishment shall also authority has not been able to determine provided under the following circumstances: include a list of recommendations made by whether its Pre-Rule or Pre-Rule Partial Quiet 1. A New Quiet Zone or New Partial Quiet the diagnostic team. Zone qualifies for automatic approval under Zone is being created. 4. A statement of the time period within the rule, it should issue a Notice of Quiet 2. A Pre-Rule Quiet Zone or a Pre-Rule which restrictions on the routine sounding of Zone Continuation to keep the train horns Partial Quiet Zone that qualifies for the locomotive horn will be imposed (i.e., 24 silent after the effective date of the rule. automatic approval under the rule is being hours or from 10 p.m. until 7 a.m.). D. Notice of Detailed Plan—§222.43(d) established. 5. An accurate and complete Grade The purpose of the Notice of Detailed Plan 3. An Intermediate Quiet Zone or Crossing Inventory Form for each public is to provide notice to the railroads and State Intermediate Partial Quiet Zone that is highway-rail grade crossing, private highway- agencies that the public authority is planning creating a New Quiet Zone under the rule. rail grade crossing, and pedestrian crossing on filing a detailed plan for a Pre-Rule or Pre-Please note that these quiet zones must be within the quiet zone that reflects the Rule Partial Quiet Zone that was not brought into compliance with the rule by conditions existing at the crossing before any established by automatic approval under June 24, 2006. new SSMs or ASMs were implemented. ¤222.41. The public authority is required to 4. A Pre-Rule Quiet Zone or a Pre-Rule 6. An accurate, complete and current Grade provide to FRA a detailed plan on how the Partial Quiet Zone that was not established Crossing Inventory Form for each public quiet zone will be brought into compliance by automatic approval and has since highway-rail grade crossing, private highway- with the rule. The Notice of Detailed Plan implemented improvements to establish a rail grade crossing, and pedestrian crossing will provide an opportunity for the railroad quiet zone in accordance to the rule. within the quiet zone that reflects SSMs and and the state agencies to give input to the Each public authority that is establishing a ASMs in place upon establishment of the public authority during the quiet zone quiet zone under the above circumstances quiet zone. SSMs and ASMs that cannot be development process. The Notice of Detailed must provide written notice, by certified fully described on the Inventory Form shall Plan must be provided at least four months mail, return receipt requested, to the be separately described. before the public authority submits its following: 7. If the public authority was required to detailed plan to FRA. The State agencies and 1. All railroads operating over the public provide a Notice of Intent: railroads will be given 60 days to provide highway-rail grade crossings within the quiet (a) The Notice of Quiet Zone Establishment information and comments to the public zone. shall contain a statement affirming that the agency. 2. The highway or traffic control or law Notice of Intent was provided in accordance Each public authority that is required to enforcement authority having jurisdiction with the rule. This statement shall also state provide FRA with a detailed plan must over vehicular traffic at grade crossings the date on which the Notice of Intent was provide written notice, by certified mail, within the quiet zone. mailed. return receipt requested, to the following: 3. The landowner having control over any (b) If the Notice of Quiet Zone 1. All railroads operating within the quiet private crossings within the quiet zone. Establishment will be mailed less than 60 zone. 4. The State agency responsible for days after the date on which the Notice of 2. State agency responsible for highway highway and road safety. Intent was mailed, the Notice of Quiet Zone and road safety. 5. The State agency responsible for grade Establishment shall also contain a written 3. State agency responsible for grade crossing safety. statement affirming that comments and/or crossing safety. 6. The Associate Administrator. written waiver statements have been received The Notice of Detailed Plan must contain The Notice of Quiet Establishment must from each railroad operating over public the following information: contain the following information: grade crossings within the proposed quiet 1. A list of each public highway-rail grade 1. A list of each public highway-rail grade zone, the State agency responsible for grade crossing, private highway-rail grade crossing, crossing, private highway-rail grade crossing, crossing safety, and the State agency and pedestrian crossing within the quiet and pedestrian crossing within the quiet responsible for highway and road safety. zone. The crossings are to be identified by zone, identified by both U.S. DOT National 8. If the public authority was required to both the U.S. DOT Crossing Inventory Highway-Rail Grade Crossing Inventory provide a Notice of Detailed Plan, the Notice Number and the street or highway name. Number and street or highway name. of Quiet Zone Establishment shall contain a 2. A statement of the time period within 2. A specific reference to the regulatory statement affirming that the Notice of which the restrictions would be in effect on provision that provides the basis for quiet Detailed Plan was provided and the date on the routine sounding of train horns (i.e., 24 zone establishment, citing as appropriate, which the Notice of Detailed Plan was hours or nighttime hours only). ¤222.39(a)(1), 222.39(a)(2)(i), 222.39(a)(2)(ii), mailed. 3. A brief explanation of the public 222.39(a)(3), 222.39(b), 222.41(a)(1)(i), 9. The name and title of the person authority È s tentative plans for implementing 222.41(a)(1)(ii), 222.41(a)(1)(iii), responsible for monitoring compliance with improvements within the proposed quiet 222.41(a)(1)(iv), 222.41(b)(1)(i), the requirements of this part and the manner zone. 222.41(b)(1)(ii), 222.41(b)(1)(iii), or in which that person can be contacted. 4. The name and title of the person who 222.41(b)(1)(iv). 10. A list of the names and addresses of will act as the point of contact during the (a) If the Notice of Quiet Establishment each party that is receiving a copy of the quiet zone development process and how contains a specific reference to Notice of Quiet Establishment. that person can be contacted. ¤222.39(a)(2)(i), 222.39(a)(2)(ii), 222.39(a)(3), 11. A statement signed by the chief 5. A list of the names and addresses of each 222.41(a)(1)(ii), 222.41(a)(1)(iii), executive officer of each public authority party that will receive a copy of the Notice 222.41(a)(1)(iv), 222.41(b)(1)(ii), participating in the establishment of the quiet of Detailed Plan. 222.41(b)(1)(iii), or 222.41(b)(1)(iv), it shall zone, in which the chief executive officer VerDate jul<14>2003 19:03 Apr 26, 2005Jkt 205001PO 00000Frm 00072Fmt 4701Sfmt 4700E:\\FR\\FM\\27APR2.SGM27APR2 Federal Register/Vol. 70, No. 80/Wednesday, April 27, 2005/Rules and Regulations 21915 shall certify that the information submitted sounding (ÇÇ Crossing Risk Index w/Horns ÈÈ) in risk in the proposed quiet zone taking into the second. The third column, ÇÇ Crossing Risk by the public authority is accurate and consideration the increased risk caused by Index w/o Horns,ÈÈ is the risk index for each complete to the best of his/her knowledge the lack of train horns and the reductions in crossing after it has been inflated by 66.8% and belief. risk attributable to the installation of SSMs. to account for the lack of train horns. The For this example, it is assumed that the Section V—Examples of Quiet Zone fourth column, ÇÇ SSM Eff,ÈÈ is the Nationwide Significant Risk Threshold is Implementations effectiveness of the SSM at the crossing. A 17,030. In order for the proposed quiet zone zero indicates that no SSM has been applied. Example 1—New Quiet Zone to qualify under the rule, the Quiet Zone Risk The last column, ÇÇ Crossing Risk Index w/o Index must be reduced to a level at, or below, (a) A public authority wishes to create a Horns Plus SSM,ÈÈ is the inflated risk index the Nationwide Significant Risk Threshold New Quiet Zone over four public crossings. for the crossing after being reduced by the (17,030) or the Risk Index with Horns. All of the crossings are equipped with implementation of the SSM. At the bottom of (c) Table 2 shows the existing conditions flashing lights and gates, and the length of the table are two values. The first is the Risk in the proposed quiet zone. SSMs have not the quiet zone is 0.75 mile. There are no Index with Horns (ÇÇ RIWH ÈÈ) which yet been installed. The Risk Index with private crossings within the proposed zone. represents the average initial amount of risk Horns for the proposed quiet zone is 11,250. (b) The tables that follow show the street in the proposed quiet zone with the train The Quiet Zone Risk Index without any name in the first column, and the existing horn sounding. The second is the Quiet Zone risk index for each crossing with the horn Risk Index (ÇÇ QZRI ÈÈ), which is the average SSMs is 18,765. T ABLE 2 Crossing risk Crossing risk Crossing risk Street SSM EFF index w/o horns index w/horns index w/o horns plus SSM A.......................................................................................................1200020016020016 B.......................................................................................................1000016680016680 C......................................................................................................800013344013344 D......................................................................................................1500025020025020 RIWH QZRI 1125018765 (d) The public authority decides to install of traffic channelization devices is 0.75. reduced to 14,073.75. This reduction in risk traffic channelization devices at D Street. Table 3 shows the changes in the proposed would qualify the quiet zone as the risk has Reducing the risk at the crossing that has the quiet zone corridor that would occur when been reduced lower than the Nationwide highest severity risk index will provide the traffic channelization devices are installed at Significant Risk Threshold which is 17,030. greatest reduction in risk. The effectiveness D Street. The Quiet Zone Risk Index has been T ABLE 3 Crossing risk Crossing risk Crossing risk Street SSM EFF index w/o horns index w/horns index w/o horns plus SSM A.......................................................................................................1200020016020016 B.......................................................................................................1000016680016680 C......................................................................................................800013344013344 D......................................................................................................15000250200.756255 RIWH QZRI 1125014073.75 (e) The public authority realizes that Risk Threshold (14,074 to 17,030), there is a by the use of traffic channelization devices at reducing the Quiet Zone Risk Index to a level reasonable chance that the Quiet Zone Risk A Street. Table 4 shows the results of this below the Nationwide Significant Risk Index may some day exceed the Nationwide change. The Quiet Zone Risk Index is now Threshold will result in an annual re-Significant Risk Threshold. This would result 10,320.75 which is less than the Risk Index calculation of the Quiet Zone Risk Index and in the quiet zone no longer being qualified with Horns of 11,250. The quiet zone now comparison to the Nationwide Significant and additional steps would have to be taken qualifies by fully compensating for the loss Risk Threshold. As the Quiet Zone Risk to keep the quiet zone. Therefore, the public of train horns and will not have to undergo Index is close to the Nationwide Significant authority decides to reduce the risk further annual reviews of the Quiet Zone Risk Index. T ABLE 4 Crossing risk Crossing risk Crossing risk Street SSM EFF index w/o horns index w/horns index w/o horns plus SSM A.......................................................................................................12000200160.755004 B.......................................................................................................1000016680016680 C......................................................................................................800013344013344 D......................................................................................................15000250200.756255 RIWH QZRI 1125010320.75 VerDate jul<14>2003 19:03 Apr 26, 2005Jkt 205001PO 00000Frm 00073Fmt 4701Sfmt 4700E:\\FR\\FM\\27APR2.SGM27APR2 21916 Federal Register/Vol. 70, No. 80/Wednesday, April 27, 2005/Rules and Regulations Example 2—Pre-Rule Quiet Zone Index w/Horns ÈÈ, is the risk index for each taking into consideration the increased risk crossing after it has been adjusted to reflect caused by the lack of train horns and (a) A public authority wishes to qualify a what the risk would have been had train reductions in risk attributable to the Pre-Rule Quiet Zone which did not meet the horns been sounding. This is mathematically installation of SSMs. Once again it is requirements for Automatic Approval done by dividing the existing risk index for assumed that the Nationwide Significant Risk because the Quiet Zone Risk Index is greater the three gated crossing by 1.668. The risk at than twice the Nationwide Significant Risk Threshold is 17,030. The Quiet Zone Risk the passive crossing at Z Street is divided by Threshold. There are four public crossings in Index must be reduced to either the 1.749. (See the above discussion in ÇÇ Pre-Rule the Pre-Rule Quiet Zone. Three of the Nationwide Significant Risk Threshold Quiet Zones Ä Establishment Overview ÈÈ for crossings are equipped with flashing lights (17,030) or to the Risk Index with Horns in more information.) The fourth column, ÇÇ SSM and gates, and the fourth (Z Street) is order to qualify under the rule. Eff ÈÈ, is the effectiveness of the SSM at the passively signed with a STOP sign. The (c) Table 5 shows the existing conditions crossing. A zero indicates that no SSM has length of the quiet zone is 0.6 mile, and there in the proposed quiet zone. SSMs have not been applied. The last column, ÇÇ Crossing are no private crossings within the proposed yet been installed. The Risk Index with Risk Index w/o Horns Plus SSM ÈÈ, is the risk zone. Horns for the proposed quiet zone is index without horns for the crossing after (b) The tables that follow are very similar 18,705.83. The Quiet Zone Risk Index being reduced for the implementation of the to the tables in Example 1. The street name without any SSMs is 31,375. Since the SSM. At the bottom of the table are two is shown in the first column, and the existing Nationwide Significant Risk Threshold is less values. The first is the Risk Index with Horns risk index for each crossing (ÇÇ Crossing Risk than the calculated Risk Index with Horns, (RIWH), which represents the average initial Index w/o Horns ÈÈ) in the second. This is a the public authority È s goal will be to reduce amount of risk in the proposed quiet zone change from the first example because the the risk to at least value of the Risk Index with the train horn sounding. The second is risk is calculated without train horns with Horns. This will qualify the Pre-Rule sounding because of the existing ban on the Quiet Zone Risk Index (ÇÇ QZRI ÈÈ), which whistles. The third column, ÇÇ Crossing Risk is the average risk in the proposed quiet zone Quiet Zone under the rule. T ABLE 5 Crossing risk Crossing risk Crossing risk Street SSM EFF index w/o horns index w/o horns index w/horns plus SSM W......................................................................................................3500020983.21035000 X.......................................................................................................4200025179.86042000 Y.......................................................................................................3350020083.93033500 Z.......................................................................................................150008576.33015000 RIWH QZRI 18705.8331375 (d) The Z Street crossing is scheduled to authority may take credit for the risk contribute to the risk reduction necessary to have flashing lights and gates installed as reduction achieved by the improvement from qualify under the rule. Table 6 shows the part of the state È s highway-rail grade crossing a passive STOP sign crossing to a crossing quiet zone corridor after including the safety improvement plan (Section 130). equipped with flashing lights and gates. warning device upgrade at Z Street. The While this upgrade is not directly a part of Unlike New Quiet Zones, upgrades to Quiet Zone Risk Index has been reduced to the plan to authorize a quiet zone, the public warning devices in Pre-Rule Quiet Zones do 29,500. T ABLE 6 Crossing risk Crossing risk Crossing risk Street SSM EFF index w/o horns index w/o horns index w/horns plus SSM W......................................................................................................3500020983.21035000 X.......................................................................................................4200025179.86042000 Y.......................................................................................................3350020083.93033500 Z.......................................................................................................75008576.3307500 RIWH QZRI 18705.8329500 (e) The public authority elects to install detection at X Street. As shown in Table 7, 20,890. This risk reduction is not sufficient four-quadrant gates without vehicle presence this reduces the Quiet Zone Risk Index to to qualify as quiet zone under the rule. T ABLE 7 Crossing risk Crossing risk Crossing risk Street SSM EFF index w/o horns index w/o horns index w/horns plus SSM W......................................................................................................3500020983.21035000 X.......................................................................................................4200025179.860.827560 Y.......................................................................................................3350020083.93033500 Z.......................................................................................................75008576.3307500 RIWH QZRI 18705.8320890 VerDate jul<14>2003 19:03 Apr 26, 2005Jkt 205001PO 00000Frm 00074Fmt 4701Sfmt 4700E:\\FR\\FM\\27APR2.SGM27APR2 Federal Register/Vol. 70, No. 80/Wednesday, April 27, 2005/Rules and Regulations 21917 (f) The public authority next decides to use is now reduced to 14,327.5. This risk with Horns. The quiet zone is qualified under traffic channelization devices at W Street. reduction fully compensates for the loss of the rule. Table 8 shows that the Quiet Zone Risk Index the train horn as it is less than the Risk Index T ABLE 8 Crossing risk Crossing risk Crossing risk Street SSM EFF index w/o horns index w/o horns index w/horns plus SSM W......................................................................................................3500020983.210.758750 X.......................................................................................................4200025179.860.827560 Y.......................................................................................................3350020083.93033500 Z.......................................................................................................75008576.3307500 RIWH QZRI 18705.8314327.5 Appendix D to Part 222 ‘‘Determining Risk (d) The resulting basic prediction is 1. Predicted Cost of Fatalities = PC Levels P(FCC) (Average Number of Fatalities improved in two ways. It is enriched by the Observed In Fatal Collisions) $3 million. particular crossing È s collision history for the Introduction 2. Predicted Cost of Injuries = PC previous five years and it is calibrated by The Nationwide Significant Risk (P(CCC) P(FCC)) (Average Number of resetting normalizing constants. The Threshold, the Crossing Corridor Risk Index, Injuries in Collisions Involving Injuries) normalizing constants are reset so that the and the Quiet Zone Risk Index are all $1,167,000. sum of the predicted accidents in each measures of collision risk at public highway- warning device group (passive, flashing PC, P(CCC), and P(FCC) are direct outputs of rail grade crossings that are weighted by the lights, gates) for the top twenty percent most the DOT prediction formulas. severity of the associated casualties. Each hazardous crossings exactly equals the (b) The average number of fatalities crossing can be assigned a risk index. number of accidents which occurred in a observed in fatal collisions and the average (a) The Nationwide Significant Risk number of injuries in collisions involving recent period for the top twenty percent of Threshold represents the average severity injuries were calculated by FRA as follows. that group. This adjustment factor allows the weighted collision risk for all public (c) The highway-rail incident files from formulas to stay current with collision highway-rail grade crossings equipped with 1999 through 2003 were matched against a trends. The calibration also corrects for errors lights and gates nationwide where train data file containing the list of whistle ban such as data entry errors. The final output is horns are routinely sounded. FRA developed crossings in existence from January 1,1999 the predicted number of collisions (PC). this index to serve as a threshold of through December 31, 2003 to identify two (e) The severity formulas answer the permissible risk for quiet zones established types of collisions involving trains and motor question, ÇÇ What is the chance that a fatality under this rule. vehicles: (1) those that occurred at crossings (or casualty) will happen, given that a (b) The Crossing Corridor Risk Index where a whistle ban was in place during the collision has occurred?ÈÈ The fatality formula represents the average severity weighted period, and (2) those that occurred at calculates the probability of a fatal collision collision risk for all public highway-rail crossings equipped with automatic gates given that a collision occurs (i.e., the grade crossings along a defined rail corridor. where a whistle ban was not in place. Certain probability of a collision in which a fatality (c) The Quiet Zone Risk Index represents records were excluded. These were incidents occurs) P(FCC). Similarly, the casualty the average severity weighted collision risk where the driver was not in the motor formula calculates the probability of a for all public highway-rail grade crossings vehicle, or the motor vehicle struck the train casualty collision given that a collision that are part of a quiet zone. beyond the 4th locomotive or rail car that occurs P(CCC). As casualties consist of both entered the crossing. FRA believes that The Prediction Formulas fatalities and injuries, the probability of a sounding the train horn would not be very non-fatal injury collision is found by (a) The Prediction Formulas were 1 effective at preventing such incidents. subtracting the probability of a fatal collision developed by DOT as a guide for allocating (d) Collisions in the group containing the from the probability of a casualty collision. scarce traffic safety budgets at the State level. gated crossings nationwide where horns are To convert the probability of a fatal or They allow users to rank candidate crossings routinely sounded were then identified as casualty collision to the number of expected for safety improvements by collision either fatal, injury only, or no casualty. fatal or casualty collisions, that probability is probability. There are three formulas, one for Collisions were identified as fatal if one or multiplied by the number of predicted each warning device category: more deaths occurred, regardless of whether collisions (PC). 1. Automatic gates with flashing lights; or not injuries were also sustained. Collisions (f) For the prediction and severity index 2. Flashing lights with no gates; and were identified as injury only when injuries, formulas, please see the following DOT 3. Passive warning devices. but no fatalities, resulted. publications: Summary of the DOT Rail- (b) The prediction formulas can be used to (e) The collisions (incidents) selected were Highway Crossings Resource Allocation derive the following for each crossing: summarized by year from 1999 through 2003. Procedure—Revised, June 1987, and the Rail- 1. The predicted collisions (PC) The total number of collisions for the period 2. The probability of a fatal collision given Highway Crossing Resource Allocation was 2,161. The fatality rate for each year was that a collision occurs (P(FCC)) Procedure: User’s Guide, Third Edition, calculated by dividing the number of 3. The probability of a casualty collision August 1987. Both documents are in the fatalities (ÇÇ Deaths ÈÈ) by the number of fatal given that a collision occurs (P(CCC)) docket for this rulemaking and also available incidents (ÇÇ Number ÈÈ). The injury rates were (c) The following factors are the through the National Technical Information calculated by dividing the number of injuries determinants of the number of predicted Service located in Springfield, Virginia in injury only incidents (ÇÇ Injured ÈÈ) by the collisions per year: 22161. number of injury only incidents (ÇÇ Number ÈÈ). 1. Average annual daily traffic Risk Index 2. Total number of trains per day 1 The data used to make these exclusions is (a) The risk index is basically the predicted 3. Number of highway lanes contained in blocks 18 Ä Position of Car Unit in 4. Number of main tracks cost to society of the casualties that are Train; 19 Ä Circumstance: Rail Equipment Struck/ 5. Maximum timetable train speed expected to result from the predicted Struck By Highway User; 28 Ä Number of 6. Whether the highway is paved or not collisions at a crossing. It incorporates three Locomotive Units; and 29 Ä Number of Cars of the 7. Number of through trains per day during outputs of the DOT prediction formulas. The current FRA Form 6180 à 57 Highway-Rail Grade daylight hours two components of a risk index are: Crossing Accident/Incident Report. VerDate jul<14>2003 19:03 Apr 26, 2005Jkt 205001PO 00000Frm 00075Fmt 4701Sfmt 4700E:\\FR\\FM\\27APR2.SGM27APR2 21918 Federal Register/Vol. 70, No. 80/Wednesday, April 27, 2005/Rules and Regulations There were 274 fatal incidents resulting in wayside horn is operating as intended in should check, while in the field, to see that 324 fatalities and yielding a fatality rate inventory information is up-to-date and sufficient time to enable the locomotive 1.1825 for the period. There were 551 injury-accurate. Outdated inventory information engineer to sound the locomotive horn for at only incidents resulting in 733 injuries and should be updated as part of the quiet zone least 15 seconds prior to arrival at the yielding an injury rate 1.3303 for the period. development process. crossing in the event the wayside horn is not (f) Per guidance from DOT, $3 million is When in the field, the diagnostic team operating as intended; the value placed on preventing a fatality. The should take note of the physical 3. The railroad must adopt an operating Abbreviated Injury Scale (AIS) developed by characteristics of each crossing, including the rule, bulletin or special instruction requiring the Association for the Advancement of following items: that the train horn be sounded if the wayside Automotive Medicine categorizes injuries 1. Can any of the crossings within the horn indicator is not visible approaching the into six levels of severity. Each AIS level is proposed quiet zone be closed or crossing or if the wayside horn indicator, or assigned a value of injury avoidance as a consolidated with another adjacent crossing? an equivalent system, indicates that the fraction of the value of avoiding a fatality . Crossing elimination should always be the system is not operating as intended; FRA rates collisions that occur at train preferred alternative and it should be 4. Horn system must provide a minimum speeds in excess of 25 mph as an AIS level explored for crossings within the proposed sound level of 92 dB(A) and a maximum of 5 ($2,287,500) and injuries that result from quiet zone. 110 dB(A) when measured 100 feet from the collisions involving trains traveling under 25 2. What is the number of lanes on each centerline of the nearest track; mph as an AIS level 2 ($46,500). About half highway approach? Note the pavement 5. Horn system must sound at a minimum of grade crossing collisions occur at speeds condition on each approach, as well as the of 15 seconds prior to the train È s arrival at the greater than 25 mph. Therefore, FRA condition of the crossing itself. crossing and while the lead locomotive is estimates that the value of preventing the 3. Is the grade crossing surface smooth, traveling across the crossing. It is permissible average injury resulting from a grade crossing well graded and free draining? for the horn system to begin to sound collision is $1,167,000 (the average of an 4. Does the alignment of the railroad tracks simultaneously with activation of the AIS à 5 injury and an AIS à 2 injury.) at the crossing create any problems for road flashing lights or descent of the crossing arm; (g) Notice that the quantity \[PC*P(FCC)\] users on the crossing? Are the tracks in 6. Horn shall be directed toward represents the expected number of fatal superelevation (are they banked on a curve?) approaching traffic. collisions. Similarly, PC*\[P(CCC)à P(FCC)\] and does this create a conflict with the Appendix F to Part 222—Diagnostic Team represents the expected number of injury vertical alignment of the crossing roadway? Considerations collisions. These are then multiplied by their 5. Note the distance to the nearest respective average number of fatalities and intersection or traffic signal on each For purposes of this part, a diagnostic team injuries (from the table above) to develop the approach (if within 500 feet or so of the is a group of knowledgeable representatives number of expected casualties. The final crossing or if the signal or intersection is of parties of interest in a highway-rail grade parts of the expressions attach the dollar determined to have a potential impact on crossing, organized by the public authority values for these casualties. highway traffic at the crossing because of responsible for that crossing who, using (h) The Risk Index for a Crossing is the queuing or other special problems). crossing safety management principles, integer sum of the Predicted Cost of Fatalities 6. If a roadway that runs parallel to the evaluate conditions at a grade crossing to and the Predicted Cost of Injuries. railroad tracks is within 100 feet of the make determinations or recommendations for railroad tracks when it crosses an intersecting the public authority concerning the safety Nationwide Significant Risk Threshold road that also crosses the tracks, the needs at that crossing. Crossings proposed for The Nationwide Significant Risk Threshold appropriate advance warning signs should be inclusion in a quiet zone should be reviewed is simply an average of the risk indexes for posted as shown in the MUTCD. in the field by a diagnostic team composed all of the gated crossings nationwide where 7. Is the posted highway speed (on each of railroad personnel, public safety or law train horns are routinely sounded. FRA approach to the crossing) appropriate for the enforcement, engineering personnel from the identified 35,803 gated non-whistle ban alignment of the roadway and the State agency responsible for grade crossing crossings for input to the Nationwide configuration of the crossing? safety, and other concerned parties. Significant Risk Threshold. 8. Does the vertical alignment of the This diagnostic team, using crossing safety The Nationwide Significant Risk Threshold crossing create the potential for a ÇÇ hump management principles, should evaluate rounds to 17,030. This value is recalculated crossing ÈÈ where long, low-clearance vehicles conditions at a grade crossing to make annually. might get stuck on the crossing? determinations and recommendations 9. What are the grade crossing warning concerning safety needs at that crossing. The Crossing Corridor Risk Index devices in place at each crossing? Flashing diagnostic team can evaluate a crossing from The Crossing Corridor Risk Index is the lights and gates are required for each public many perspectives and can make average of the risk indexes of all the crossings crossing in a New Quiet Zone. Are all recommendations as to what safety measures in a defined rail corridor. Communities required warning devices, signals, pavement authorized by this part might be utilized to seeking to establish ÇÇ Quiet Zones ÈÈ should markings and advance signing in place, compensate for the silencing of the train initially calculate this average for potential visible and in good condition for both day horns within the proposed quiet zone. corridors. and night time visibility? All Crossings Within a Proposed Quiet Zone Quiet Zone Risk Index 10. What kind of train detection is in place The diagnostic team should obtain and at each crossing? Are these systems old or The Quiet Zone Risk Index is the average review the following information about each outmoded; are they in need of replacement, of the risk indexes of all the public crossings crossing within the proposed quiet zone: upgrading, or refurbishment? in a Quiet Zone. It takes into consideration 1. Current highway traffic volumes and 11. Are there sidings or other tracks the absence of the horn sound and any safety percent of trucks; adjacent to the crossing that are often used measures that may have been installed. 2. Posted speed limits on all highway to store railroad cars, locomotives, or other Appendix E to Part 222—Requirements for approaches; equipment that could obscure the vision of Wayside Horns 3. Maximum allowable train speeds, both road users as they approach the crossings in passenger and freight; the quiet zone? Clear visibility may help to This appendix sets forth the following 4. Accident history for each crossing under reduce automatic warning device violations. minimum requirements for wayside horn use consideration; 12. Are motorists currently violating the at highway-rail grade crossings: 5. School bus or transit bus use at the warning devices at any of the crossings at an 1. Highway-rail crossing must be equipped crossing; and excessive rate? with constant warning time device, if 6. Presence of U.S. DOT grade crossing 13. Do accident statistics for the corridor reasonably practical, and power-out inventory numbers clearly posted at each of indicate any potential problems at any of the indicator; the crossings in question. crossings? 2. Horn system must be equipped with an indicator or other system to notify the The diagnostic team should obtain all 14. If school buses or transit buses use locomotive engineer as to whether the inventory information for each crossing and crossings within the proposed quiet zone VerDate jul<14>2003 19:03 Apr 26, 2005Jkt 205001PO 00000Frm 00076Fmt 4701Sfmt 4700E:\\FR\\FM\\27APR2.SGM27APR2 Federal Register/Vol. 70, No. 80/Wednesday, April 27, 2005/Rules and Regulations 21919 corridor, can they be rerouted to use a single State or local law requires it? 1. How often is the pedestrian crossing crossing within or outside of the quiet zone? Railroad safety rule requires it? used? 2. What kind of signing or pavement 7. Are there any nearby crossings where Private Crossings Within a Proposed Quiet train horns sound that might also provide markings are in place at the pedestrian Zone some warning if train horns were not crossing? In addition to the items discussed above, sounded at the private crossing? 3. What is the volume, speed, and type of a diagnostic team should note the following 8. What are the approach (corner) sight train traffic over the crossing? issues when examining any private crossings distances? 4. Do approaching trains sound the horn at within a proposed quiet zone: 9. What is the clearing sight distance for all 1. How often is the private crossing used?the pedestrian crossing? approaches? 2. What kind of signing or pavement State or local law requires it? 10. What are the private roadway approach markings are in place at the private crossing? grades? Railroad safety rule requires it? 3. What types of vehicles use the private 11. What are the private roadway pavement 5. Are there any crossings where train crossing? surfaces? horns sound that might also provide some School buses Pedestrian Crossings Within a Proposed warning if train horns were not sounded at Large trucks Quiet Zone the pedestrian crossing? Hazmat carriers 6. What are the approach sight distances? Farm equipment In addition to the items discussed in the 7. What is the clearing sight distance for all section titled, ÇÇÈÈ All crossings within a 4. What is the volume, speed and type of proposed quiet zone ÈÈ, a diagnostic team approaches? train traffic over the crossing? should note the following issues when 5. Do passenger trains use the crossing? Appendix G to Part 222—Schedule of Civil 6. Do approaching trains sound the horn at examining any pedestrian crossings within a 1 Penalties the private crossing?proposed quiet zone: Section Violation Willful Violation Subpart B—Use of Locomotive Horns §222.21Use of locomotive horn: (a) Failure to sound horn at grade crossing............................................................................................$5,000 $7,500 Failure to sound horn in proper pattern............................................................................................1,000 3,000 (b) Failure to sound horn at least 15 and no more than 20 seconds before crossing;...........................5,000 7,500 1 Routine sounding of the locomotive horn more than Ì 4-mile in advance of crossing.....................5,000 7,500 ¤222.33 Failure to sound horn when conditions of ¤222.33 are not met.............................................................5,000 7,500 ¤222.45 Routine sounding of the locomotive horn at a grade crossing within a quiet zone................................5,000 7,500 ¤222.49 (b) Failure to provide Grade Crossing Inventory Form information.........................................................2,500 5,000 ¤222.59 (d) Routine sounding of the locomotive horn at a grade crossing equipped with wayside horn............5,000 7,500 audible warning device that produces a from the engineer È s usual position PART 229—\[AMENDED\] maximum sound level in excess of 110 during operation of the locomotive. 2. The authority citation for part 229 dB(A) and/or a minimum sound level (b)(1) Each locomotive built on or continues to read as follows: below 96 dB(A), as measured 100 feet after June 24, 2005 shall be tested in forward of the locomotive in the Authority: 49 U.S.C. 20102 à 20103, 20107, accordance with this section to ensure direction of travel. 20133, 20137 à 20138, 20143, 20701 à 20703, that the horn installed on such 21301 à 21302, 21304; 49 CFR 149(c), (m) * * * * * locomotive is in compliance with Lot means a collection of locomotives, paragraph (a) of this section. §229.5\[Amended\] equipped with the same horn model, Locomotives built on or after June 24, 3. Section 229.5 is amended by configuration, and location, and the 2005 may, however, be tested in removing paragraph designations (a) same air pressure and delivery system, accordance with an acceptance through (p), transferring the definition of which has been manufactured or sampling scheme such that there is a ÇÇ electronic air brake ÈÈ so that it appears processed under essentially the same probability of .05 or less of rejecting a in alphabetical order, and adding the conditions. lot with a proportion of defectives equal following definitions in alphabetical * * * * * to an AQL of 1% or less, as set forth in order to read as follows: 4. Section 229.129 is revised to read as 7 CFR part 43. Acceptable quality level (AQL). The follows: (2) Each locomotive built before June AQL is expressed in terms of percent 24, 2005 shall be tested in accordance defective or defects per 100 units. Lots §229.129Audible warning device. with this section before June 24, 2010 to having a quality level equal to a (a) Each lead locomotive shall be ensure that the horn installed on such specified AQL will be accepted provided with an audible warning locomotive is in compliance with approximately 95 percent of the time device that produces a minimum sound paragraph (a) of this section. when using the sampling plans level of 96dB(A) and a maximum sound prescribed for that AQL. (3) Each locomotive when rebuilt, as level of 110 dB(A) at 100 feet forward determined pursuant to 49 CFR 232.5, * * * * *of the locomotive in its direction of Defective means, for purposes of this travel. The device shall be arranged so shall be tested in accordance with this part, a locomotive equipped with an that it can be conveniently operated section to ensure that the horn installed reserves the right to assess a penalty of up to $27,000 for any violation where circumstances 1 A penalty may be assessed against an individual warrant. See 49 CFR part 209, appendix A. only for a willful violation. The Administrator VerDate jul<14>2003 19:03 Apr 26, 2005Jkt 205001PO 00000Frm 00077Fmt 4701Sfmt 4700E:\\FR\\FM\\27APR2.SGM27APR2 21920 Federal Register/Vol. 70, No. 80/Wednesday, April 27, 2005/Rules and Regulations on such locomotive is in compliance humidity is between 20 percent and 95 change in the before and after with paragraph (a). percent inclusively; wind velocity is not calibration levels shall be less than 0.5 (c) Testing of the locomotive horn more than 12 miles per hour and there dB. After the output from the sound level shall be in accordance with is no precipitation. locomotive horn system has reached a the following requirements: stable level, the A-weighted equivalent (7) With the exception of cab- (1) A properly calibrated sound level sound level (slow response) for a 10- mounted or low-mounted horns, the meter shall be used that, at a minimum, second duration (LAeq, 10s) shall be microphone shall be located 100 feet complies with the requirements of obtained either directly using an forward of the front knuckle of the International Electrotechnical integrating-averaging sound level meter, locomotive, 15 feet above the top of the Commission (IEC) Standard 61672 à 1 or recorded once per second and rail, at an angle no greater than 20 (2002 à 05) for a Class 2 instrument. calculated indirectly. The arithmetic- degrees from the center line of the track, (2) An acoustic calibrator shall be average of a series of at least six such and oriented with respect to the sound used that, at a minimum, complies with 10-second duration readings shall be source according to the manufacturer È s the requirements of IEC Standard 60942 used to determine compliance. The recommendations. For cab-mounted and (1997 à 11) for a Class 2 instrument. standard deviation of the readings shall low-mounted horns, the microphone (3) The manufacturer È s instructions be less than 1.5 dB. shall be located 100 feet forward of the pertaining to mounting and orienting front knuckle of the locomotive, four (10) Written reports of locomotive the microphone; positioning of the feet above the top of the rail, at an angle horn testing required by this part shall observer; and periodic factory no greater than 20 degrees from the be made and shall reflect horn type; the recalibration shall be followed. center line of the track, and oriented date, place, and manner of testing; and (4) A microphone windscreen shall be with respect to the sound source air flow and sound level measurements. used and tripods or similar microphone according to the manufacturer È s These reports, which shall be signed by mountings shall be used that minimize recommendations. The observer shall the person who performs the test, shall interference with the sound being not stand between the microphone and be retained by the railroad, at a location measured. the horn. (5) The test site shall be free of large of its choice, until a subsequent (8) Background noise shall be reflective structures, such as barriers, locomotive horn test is completed and minimal: the sound level at the test site hills, billboards, tractor trailers or other shall be made available, upon request, immediately before and after each horn large vehicles, locomotives or rail cars to FRA as provided by 49 U.S.C. 20107. sounding event shall be at least 10 on adjacent tracks, bridges or buildings, (d) This section does not apply to dB(A) below the level measured during within 200 feet to the front and sides of locomotives of rapid transit operations the horn sounding. the locomotive and microphone. The which are otherwise subject to this part. (9) Measurement procedures. The locomotive shall be positioned on sound level meter shall be set for A- Appendix B to Part 229—\[Amended\] straight, level track. (6) Measurements shall be taken only weighting with slow exponential when ambient air temperature is response and shall be calibrated with 4. The entry for ¤229.129 ÇÇ Audible between 32 degrees and 104 degrees the acoustic calibrator immediately warning devices ÈÈ in appendix B to Part Fahrenheit inclusively; relative before and after compliance tests. Any 229 is revised to read as follows: Willful Violation Violation 229.129Audible warning device: (a) prescribed sound levels..........................................................................................................................................$2,500 $5,000 arrangement of device..........................................................................................................................................2,500 5,000 (b) testing.....................................................................................................................................................................2,500 5,000 (c) test procedures.......................................................................................................................................................2,500 5,000 (c)(10) records of tests.................................................................................................................................................2,500 5,000 Issued in Washington, DC, on April 21, 2005. Robert D. Jamison, Acting Administrator. \[FR Doc. 05 à 8285 Filed 4 à 22 à 05; 8:54 am\] BILLING CODE 4910–06–P VerDate jul<14>2003 19:03 Apr 26, 2005Jkt 205001PO 00000Frm 00078Fmt 4701Sfmt 4700E:\\FR\\FM\\27APR2.SGM27APR2