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HomeMy WebLinkAbout05-21-2004 1225 Main Street [] Sebastian, Florida 32958 Telephone (772) 589-5330 [] Fax (772) 589-5570 City Council Information Letter May 21, 2004 Municipal Complex Monthly Expenditure Report Per interest expressed by Mayor McCollum during your last meeting, the attached spreadsheet represents the most recent summaries of total expenditures related to development and construction of the Sebastian Municipal Complex. As referenced in the total budget column, overall project costs have been budgeted at $11,454,800 (this amount includes bond proceeds, excluding issuance costs, a $250,000 Bureau of Historic Preservation Grant Program award to help finance implementation of the Old Schoolhouse Restoration Program and a $800 private contribution). As of last week, expenditures to date for the project total $5,399,992. There also exists an outstanding encumbered amount totaling $4,930,889, which represents various related encumbered purchase orders. This leaves us an unencumbered amount of $1,123,918 to finish the Municipal Complex Project, which will eventually be encumbered for various purchase orders as project implementation continues. As such, staff remains confident that total project expenditures will not exceed the total project budget. Future expenditure reports will continue to be offered on a monthly basis during each first Friday of the month until final project completion is authorized. Accordingly, your next update to this effect will be delivered in July, with a final report anticipated in December. Grant Award from Indian River La.qoon Pro.qram Earlier this week, the City of Sebastian was notified that our grant application for financial assistance from the Indian River Lagoon License Plate Funding Program was successful, resulting in an award to total $42,790. Financial assistance will enable the Stormwater Utility Division to implement the Indian River Drive/Davis Street Nutrient Separating Baffle Box Project. This initiative will help to remove suspended solids, organic City Council Information Letter May 21, 2004 Page 2 debris and oils from stormwater that directly discharges into the Indian River Lagoon. Respective recommendations will soon be forwarded to City Council as necessary to expedite acceptance of the funds, including applicable agreements and revisions to the City's Capital Improvement Program schedule. Much kudos to staff in the Stormwater Utilities Division for their diligence and valuable assistance in making this accomplishment possible. Presentation by Representatives from Indian River County Department of Health Fill Requirements for New .Construction Department of Engineering staff was recently able to contact representatives from the Indian River County Department of Health relative to the possibility of a City Council presentation regarding residential construction fill requirements as directed by the State of Florida. Recently appointed administrator Cheryl Dunn and perhaps others will join us during the August 11th Regular Meeting to offer respective updates accordingly. City Engineer David Fisher has also requested that individuals from both realtor and contractor associations attend this session, so that they may be properly educated regarding this matter as well. Federal Railway Administration Quiet Zone Program Earlier this week, I met with local business owner and resident Cindy Falco- DiCorrado about the possibility of the City of Sebastian participating in a new initiative sponsored by the Federal Railway Administration known as Quiet Zone. A Quiet Zone designation will essentially help to reduce the number of times train whistles can blow when passing through Sebastian. Such may initially be possible due to the fact that there are no actual stations or stops located here in town. Other eligibility requirements exist, including the presence of active automatic grade crossing warning devices comprising both flashing lights and gates at respective track crossing sections. Fortunately, the City of Sebastian, via directives from the Florida East Coast Railroad have implemented several of these features in recent years. As also referenced in the attached background information material, the Quiet Zone rule will take effect December 18, 2004. As such, I delivered the attached letter to program administrator 'rom Drake requesting information and instructions as to how the City of Sebastian can be City Council Information Letter May 21, 2004 Page 3 designated a Quiet Zone community. Therefore, sometime after receiving confirmation that participation is feasible, applicable recommendations will be offered for your review and consideration. Out of Office Please be advised that I will be away from Sebastian beginning Thursday, May 27th to attend this year's Florida City/County Management Association Annual Conference being held in Palm Beach Gardens. I will be returning Sunday, May 30th and will remain in town for the remainder of Memorial Day Weekend, and therefore will report back to City Hall Tuesday morning, June 1st. AS the first day of the conference actually begins Wednesday, May 26th, I will participate in a number of sessions during daytime hours only, notably a Board of Directors meeting as well as speaking at an educational session targeting young professionals titled "So You Want to be a City Manager". However, I will be available here at the office during the early evening hours to prepare for the City Council meeting. As such, no City Council Information Letter will be delivered next week. To you and your families, please have a happy and safe Memorial Day weekend. Enclosure(s): Municipal Complex Project Expenditure Report Spreadsheet Letter from Wayne Mozo, Project Administrator, Indian River Lagoon Program - Grant Award Notice Electronic Mail Message from David Fisher - Health Department Presentation to City Council Letter to Tom Drake, Federal Railroad Adroinistration ~ Quiet Zone Designation My Documents/InfoLetter218 INDIAN RII/ER LAGOON PROGRAM 4'0 Toll-free Phone: 800-226-3747 Phone: (321) 98t~,4950 or SUNCOM 350-49S0 Pax: (321] 984-4937 or SUNCOM 330-4937 Internet: http://$jr, state, fi.us iNDIAN RIVER LAGOON May 14, 2004 City of Sebastian 1225 Main Street Sebastian, Florida 32958 Attention: Kenneth W. Jones Reference: 2004 Indian River Lagoon License Plate Funding Mt. Jones: On behalf of the St. Johns River Water Management District and the Indian River Lagoon Program, I am pleased to notify Brevard County that the Indian River Drive/Davls Street Nutrient Separating Baffle Box Project has been selected to receive funding from the 2004 Indian River Lagoon License Plate Grant Program. The funding amount is $42,790.00 as requested in your grant application. Our District offices in Palatka will be contacting you within the next six weeks to execute the contractual documentation. The scope of work, budget, task and deliverable schedule that were included in the Indian River Drive/Davis Street grant application package will be incorporated into the contract. The Indian River Lagoon Program office in Palm Bay will be managing the contract. Congratulations to you and your staff and thank you for your participation in this year's license plate funding cycle. Should you have any questions regarding this matter, please do not hesitate to contact the undersigned at 321-984-4950 or toll free at 1-800-226-3747. Sincerely yours, Wayne Mozo, Project Administrator Indian River Lagoon Program EPA In cooperation with the South Florida Water Management District and U.S. Environmental Protection AgEncy Jeane~e Williams From: To: Subject: Sally Maio Fdclay; May 14, 2004 2:58 PM Jeanetta Williams F'W: Health Department Presentation to City Council From: Terrence Moore Sent: Friday, May 14, 20042:32 PM To: David Fisher Cc: Sa~ Mao Subject: RE: Health Department Ptesentatio~ to City Counc~ David: Okay, No problem. August 11th it is. I will advise City Council via next week's information letter that the Health Department presentation will take place on this date. Please make arrangements with Ms. Dunn to arrange her schedule accordingly. Thanks. Terrence F~om: David Fisher Sent: Friday, May 14, 2004 2:14 PM To: Ten'ence Mc~e; 3ean TaCoel~ Cc: 'lori_hoffman~q3h,state.fl.us'; 'cheryl_dunn~doh.state.fl.us'; Ginny Sieferd; Pflll4ip Pathode; Sally Grunzweig; Linda Kinchen Terrence et al. -- I spoke with Lori Hoffman of the State I County Health Department about a presentation to City Council. The new head of department there is Cheryl Dunn Mike Galanis retired about a year ago. They will work with us to prepare a presentation but they are not available for a scheduled City Council meeting until the meeting of 11 August 04. Until that date someone or another is out of their office on the other scheduled Council meeting dates. I told Lod I would also like to have a representative there from the Contractors Association and at least one from the local Realtors Association so we can deal with this all at one time. She readily agreed. Please advise whether the Council meeting of August 1 1th is now the one for the subject presentation. Thanks, -- Dave Fisher From: David Fisher Sent: 'l'nursday, May 13, 2004 3:02 PM To: Ginny Sieferd; Phlllip Patr~de Cc: Terrence Moore; .lean Tarbell; Sally Gmnzwe~cJ; Unda Kinohen Subject: Health Department Presentation to City Council - 14 ]uly 04 This is to advise we have placed a call to Laude at the Health Department to begin going through appropriate channels to arrange the subject presentation reagrding the required height(s) of building lots in the City. We will probably end up talking with Mike Galanis as well as his people in order to arrange this. Further, I am requesting that when the arrangements are in place for this presentation we also contact the local Contractors Association and the local Realtors Association and invite them to have representatives here also tm' oi HOME OF PELICAN iSLAND 1225 MAIN STREET ' SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5330 · FAX (772) 589-5570 May 18, 2004 Mr. Tom Drake, Crossing and Trespassing Regional Manager Federal Railroad Administration 61 Forsyth Street Southwest, Suite 16T20 Atlanta, Georgia 30303 Re: Eliqibility of Quiet Zone in Sebastian, Florida Dear Mr1 Drake: On behalf of our community, the City of Sebastian is most interested in learning more about the process of establishing a Quiet Zone designation via recently a enacted program as sponsored and directed by the Federal Railroad Administration. For many years, Sebastian, Florida has experienced tremendous activity in terms of railroad and train traffic. This is primarily the result of the presence of the Florida East Coast Railroad both in our city, as well as in our geographic location in the Florida East Coast. Participation in the Quiet Zone initiative will not only enhance quality of life for the various impacted residential and commercial areas, but also will assist our efforts with respective neighborhood revitalization activities. My office appreciates any assistance you can offer our residents regarding this matter. Please forward any documentation, including necessary applications and/or proposal materials required to facilitate consideration accordingly. Should you have questions and/or require additional information from me, please feel free to call (772) 388-8203. City Manager Cc: Honorable, Mayor and City Council (Via May 21 2004 Information Letter) Cindy Falco-DiCorrado My Documents/Quiet Zone "An Equal Opportunity Employer" Celebrating Our 75th Anniversary TH~ "TIC4~ HOPe; RULe" Frequently Asked Questions Topics 1. General 2. Creating Quiet Zones 3. Authority to Designate Quiet Zones 4. Private Crossings 5. Pre-Rule Quiet Zones 6. Calculating the Risk for a Quiet Zone 7. Hem Use 8. Wayside Hems 9: Effect on State and Local Laws, Liability 10. Impact on Emergency Order No. 15 / Florida East Coast Railway 11. Interim Final Rule and Public Comment 1. General 1.1 Why has FRA issued fllis rule? FRA is required by law (49 U.S.C. 20153) to issue regulations that require trains to sound a locomotive hem while approaching and entering upon public crossings. The law also permits FRA to issue rules providing exceptions to that requirement to enable communities to create quiet zones in which locomotive horns are not routinely sounded at grade cros£mgs. The nde promotes quality ofhfe by permitting the silencing of locomotive horns at grade crossings while at the same 1/me ensuring that safety is maintained at those crossings. 1.~ What effect will ~he rule have on the environment? The Interim Final Rule will have highway-rail grade crossing safety and noise effects. The Final Environmental Impact Statement (FEIS) describes the expected increase in safety at highway-mil at-grade crossings and changes in noise from locomotive hems. The maximum hem sound level (Section 229. 129) and the hem sounding requirements (Section 222.21) will reduce noise at all of the approximately 150,000 pubhc crossings nationwide where locomotive hems are presently used. Disclaimer: Answers contain a short summary of the interim final rule for inforrnational purposes only. Entries subject to the rule ~hould refer to it~ text as published in the Federal Register an December J 8, 2003. The establishment of New Quiet Zones will also result in less noise from locomotive homs. If a community that currently has a whistle ban chooses notto establish a quiet zone, the bom sounding requirement would result in an increase m local noise levels. The number of persons potentially impacted in each whistle ban community is reported in the FEIS. Because the Interim Final Rule provides an opportunity for affected commUmties to convert pre-existing whistle bans to Pre-Rule Quiet Zones (Section 222.41), most of these communities are expected to establish quiet zones. 1.3 When will the rule be effective? The rule will take effect on December 18, 2004. However, the compliance schedule for communities with existing whistle bans allows them 5 years to fully implement the new rule (until December 18, 2008), and up to 8 years if a state agency is assisting one or more communities. The one-year time period is based on the statuto~ requirement that any regulations issued under 49 U.S.C. 20153 (the section of the United States Code that requires this rulemaking) shall not take effect before the 365th day following the date of publication of the final rule. 1.4 Does this mean that communities wanting new quiet zones cannot progress them during the first year? No. Communities seeking to establish New Quiet Zones are encouraged to thoroughly investigate the options available to them under the rule. FRA will be working with public authorities and reviewing applications for quiet zones in order to pertrat communities to institute quiet zones at the earliest possible date after the one-year required period has elapsed. Accordingly, FRA will accept quiet zone applications from public authorities during the one-year period commencing with publication of the rule. While this interval should enable public authorities to beg~n planning, they should also be aware that the final nde may contain changes based on comments in response to this interim final rule. FRA will make every effort to issue a final rule expeditiously after the close of the comment period. Please note that under limited circumstances quiet zones are already permitted in certain States. FRA will work with state authorities, communities and railroads to ensure continmty if New Quiet Zones established under state law meet the requirements of the role. 1.5 Can a railroad prohibit the establishment of a quiet zone? No. Under this Interim Final Rule only public authorities have the authority to establish quiet zones. Disclaimer: dozswers contain a short summary of the interim final rule for informational purposes only. Entities subject to the rule should refer to its text as published in the Federal /Regqster on December J 8, 2003. FRA appreciates the role that railroads must play in establishing quiet zones, from possible installation of Supplementary Safety Measures to providing updated information for the National Grade Crossing Inventory. We anticipate that railroads will work with public authorities in designing appropriate and cost-effective quiet zones. While the rule does not specifically require that a railroad provide access to its property' to accommodate the installation of equipment such as four quadrant gates, we expect that railroads will continue to cooperate with local and state authorities for the installation of grade crossing safety improvements. The fact that the reason for installation of such improvements is the creation of a quiet zone does not impair any authority available under state law for a state agency to order installation of those improvements. Once a public authority establishes a quiet.zone under the terms of this nde, the railroad is legally prohibited from sounding the locomotive horn at crossings within the quiet zone unless otherwise penuilted in the nde (i.e. during emergency situations). 2. Creating Quiet Zones 2.1 What is a quiet zone? A quiet zone is a section of a rail line that contains one or more consecutive public crossings at which locomotivehoms arenot rm~/nely sounded. This rule describes the requirements that communities must meet m order to implement a quiet zone. (Secaon 222.9 -definition of a quiet 2.2 How long can a quiet zone be? There is no maximum length for a quiet zone. However, for New Quiet Zones the nde establishes a minimum length of at least ½ mile along the length of railroad right-of-way. The length of a P~-Rule Quiet Zone may continue unchanged from that which existed as of October 9, 1996. (A Pre-Rule Quiet Zone that is greater than ½ mile may be reduced in length to not less than ~A mile and still retain its pm-role slams. However, it cma not be increased in length and still retain its pre-nde stares.) (SectWn 22Z 35(a), M~ramum length.) 2,5 Ale there minimlml engineering standards 1hat must be in place in order to creale a quiet zone? Yes. New Quiet Zones must have active (amonmc) grade crossing warning devices comprising both flashing lights and gates at all public highway-rail grade crossings. Pre-Rule Quiet Zones must retain, and may upgrade, the grade crossing wammg system in place es of December 18, 2003. Disclaimer.. Answers contain a short surnmary of the interim final rule for informalitmal tmrposee only. Efta'ties subject to the rule should refer to #s text as published in the Federal Register on December 18, 2003. Each highway approach to every public and private grade crossing within a Pre-Rule Quiet Zone or New Quiet Zone must have an advance warning sign that advises motorists that train hems are not sounded at the crossing. (Section 222.35) 2.4 What are Supplemental Safely Measures (SSMs), and how are they to be used within a quiet zone? SSMs are engineering improvements, that when installed at crossings within a quiet zone, would reduce tiao risk of a collision at the crossing. SSMs are installed to reduce the risk level either to that which would exist if the tram hem were sounded (i.e., compensating for the lack of the tram hem) or to a level belowthe Natonwide Significant Risk Threshold (NSRT). SSMs approved for use include: 2. 3. 4. Temporary closure of a pubhc highway-tad grade crossing (i.e. nighttime closure) Four-quadrant gate systems Gates with medians or channehzation devices (traffic separators) Conversion of atwo-way street into a one way stxeet with gates(s) (Please refer to Appendix What is an Alternative Safely Measure (ASM)? Appendix B addresses two types of ASMs: modified SS Ms and non-engineering ASMs. Modified SSMs are SSMs that do not fully mmpi3, with the provisions listed in Appendix A. For instance, a median barrier that is shorter than the required length would be a modified SSM, and hence is defined as an ASM~ Depending on the resulting configuration, non-compliant SSMs may still provide a substantial reduction in risk and can contribute to the creation of qmat zones. Non-engineering ASMs are fomaally planned enforcement, public education and awareness programs, and the use of photo enforcement technology that may be used to reduce risk for the creation of a quiet zone. Pubhc authorities seeldng to employ such ASMs will be required to collect, analyze and validate data in order to establish the effectiveness of the ASM If Altemative Safely Measures (AppendLx B treatments) are used, the public authority must receive written FRA approval of the quiet zone apphcation prior to the silencing of train hems. Disclaimer: Answers contain a short stonmary of the interim final rule for informa~onal purposes only. E.Jities subject to the rule should refer to its text as published in the Federal Register on December 18, 2003. 2.6 Can a "barrier gate" be used in a quiet zone? Conventional grade crossing gate devices are designed to break-away in the event a vehicle strikes them A barrier gate is intended to keep motor vehicles from entering the crossing by imposing a physical barrier, typically designed with some energy-absorption properties to reduce the chance of harm to vehicle occupants. A barrier gate approved for use by appropriate highway authorities is a "oate" for ........ ~-~ ' - vm~.,~m m me hue ma gould be used in a gate/channelization arrangement (typically with a non-mountable median) or four-quadrant gate arrangement as a supplementary safety measure. If data or analysis is provided supporting a higher effacUveness rate for a bamer gate in a particular location, a barrier gate might be used as an alternative safety measure. 2.7 Do articulated gates or long gate arms qnnfify m supplementary or alternative safety measures? No. FR? received insufficient dam and information to support the effectiveness and appropriateness of those approaches. This does not preclude the use of these devices in the future, if and when there is substantiated evidence demonstrmmg their effectiveness. 2.8 Does the creation of a quiet zone guarantee that train horns will never be sounded within the zone? No. There are several circomstances in which the locomotive engineer may sound the horn. The horn may be used in an emergency situation to provide an audible warning to motorists, pedestrians, trespassers, train crews or others in order to prevent injury, death or property damage. Under the terms of the rule, it will be a locomotive engineer's sole jadgment on whether or not to sound the horn for an emergency. The use of the horn will also be required in a quiet zone if the ~ crew is aware that automatic warning devices are not functioning properly in accordance with FRA regulations (49 CFR Part 234). The horn may also be used to provide a warning to workmen alongside the track in accordance with another FRA regulation (49 CFR Part 2]4). (Section 222.23) 3. Authority to Designate Quiet Zones 3.1 Who may designate or make an application to FRA for a quiet zone? The public authority that is responsible for the safety and maintenance of the roadway that crosses the railroad track(s) is the only entity that can designate or apply for a quiet zone. Private companies, citizens or neighborhood associations are not able to create a quiet zone independent of local authorities. A designation or application must come from the governmental Disclaimer.. Answers contat)~ a short sunnnary of the interim final rule for tnformat~'onal imrposes only £na'ties subject to the rule should refer to its text as published in the Federal Register on December 18, 2003. jurisdiction (e.g. city, county, or state government) that is responsible for motor vehicle safety at the crossing. (Secaon 222.$9) 3~ Who is responsible for funding the improvements necessary in order to creale or continue a quiet zone? By law, Supplementary. Safety Measures must be provided by, the traffic control authority- or law enfomement authority responsible for safety at the crossing. Thus the public authority is responsible for funding the improvements. The statute did not provide a dedicated source of funding for the improvements necessary to create quiet zones. Although there were no dedicated funds made available for these improvements, there are several categories of federal transportation funding available that may be used by States and localities for this purpose. Improvements at public crossings are typically funded by the Section 130 Program which is a part of the 10% Safety Set Aside Program under TEA-21. However, the obligation of these safety funds must be made on a state-wide priority basis for safety improvements. Installing safety measures to compensate for the lack of an existing safety device (i.e. the locomotive hem) is not the purpose of Section 130, which is directed at risk reduction. Qmet zones that include crossing closures and other major risk reduction methods may have a better chance of qualifying, to the extent they more than compensate for the absence of the train hem. SSMs would be eligible to compete with other priorities for funding under the reruainder (90%) of the Surface Transportation Program (STP) (and, with respect to a U.S. highway, under the National Highway System program). Decision making for these programs is primarily vested at the state level, with participation in planning by local metropolitan planning organizations. (Surface transportation reauthorization legislation was pending in the Congress as this briefing material was prepared.) 3.3 V~/hat is the role and resPonsibility of the state deparlment of ~ransportatlon or public utJlilies comruissJon in creating quiet zones? State lawmakers have designated a variety of organizational arrangements concerning highway- rail crossing safety. In most States, depatmaants of transportation administer state and federal programs related to engineering improvements for crossing safety. In some States, public utilities commissions play a regulatory role in determining what wam~g devices are installed at individual crossings. Very often, state agencies will exercise detailed engineering control over state highways, even though they afford significant deference to counties, cities and towns (or villages) with respect to local roads and streets. These agency roles will continue largely unaffected by this rule, and as a result m many States these agencies will play a critical role in the creation of quiet zones. Although they will not in most cases be initialing quiet zones (except as partners with local authorities where state highways cross the railroad), and although FRA has Disclaimer: Answers contain a short summery of the interim final rule for informcatonal purposes only. Entitiex ~ubject to the rule should refer to its text am published in the Federal Register on December J 8, 2003. retained final authority to ascertain that the requirements of the regulation have been satisfied, state-level agencies will Wpically provide necessary expertise and/or authority to effect the improvements needed for creation of quiet zones. FRA welcomes the participation of state agencies in this process and will work closely with them. FRA recognizes the importance of state leadership in addressing grade crossing safety and environmental justice issues. As a result, FRA has sought to create incentives for state participaticaa in funding improvements for quiet zones. The rule extends the compliance deadline date by 3 years for Pre-Rule Quiet Zones where state-level agencies tangibly contribute to the solution. 4. Private Crossings 4.1 How are private crossings treated under the rule? This regulation does not address the use of horns at private crossings except when those private crossings are within a quiet zone. (section 222.3) FRA will not at this time reqmre that the locomotive horn be sounded at private highway-rail crossings. Whether horns must be sounded at such crossings will remain subject to state law (if any) and railroad operating rules. FRA, by not applying this rule to private crossings which are not in quiet zones, has left States fxee to require the sounding of locomotive horns if it is deemed necessary or appropriate. At a minimum, private crossings within a quiet zone must be equipped with crossbucks and "STOP" signs conforming to the standards of the Manual on Uniform Traffic Control Devices (MUTCD), together with advance warning signs. Private grade crossings that allow access to the public, or that provide access to active industrial or commercial sites, may be included in a quiet zone only ifa diagnostic team evaluates the crossing(s) to determine whether the institution of the quiet zone will significenfly increase the risk of collision at the private crossing. The crossing must then be equipped or treatedin accord with the recommendatiom of the diagnostic team. (Section 222.25) 5. Pre-Rule Quiet Zones 5.1 If there have been whistle bans in a community for years nmy they be kept? Disclaimer: Answers contain a short s~monary of the interim final rule for informational tn~rposes only. Entries subject to the rule should refer to its text as published in the Federal Register on December 18, 2003. Under certmn circumstances, grade crossings subject to existing whistle bans will be defined as Pre-Rule Quiet Zones, provided the local authorities file notice of their intent to qualify the Pre- Rule Quiet Zone for continuation under this rule. If this process is followed, the raikoad will be reqmrefl to reft'am fi.om rouline use of the locomotive horn. 5.2 What is a Pre-Rule Quiet Zone? If a whistle ban has been actively enforced or observed as of October 9, 1996 and through December 18, 2003, then the crossings can qualify as a Pre-Rule Quiet Zone. Pre-Rule Quiet Zones will qualify for automatic approval if Supplementmy Safety Measures are installed at every crossing, or if the Quiet Zone Risk Index is at or below certain limits; accident history may play a role in this determination. If a Pre-Rule Quiet Zone does not qualify for automatic approval, existing restrictions may remain in place on en interim basis. (~ecaon 222. 41) How long does a Pre-Rule Quiet Zone have to qualify during the interim period? Pre-Rule Quiet Zones will have up lo five years from the period commencing December 18, 2003 to qualify under these rules provided that action has been taken within the first three years towards the establishment of a qualified quiet zone. An additional three years (for a total of up to eight years) will be available if the State takes an active role in the planning end funding for improvements at Pre-Rule Quiet Zones. (Section 222.41) 5.4 Why are Pre-Rule Quiet Zones treated differently than new quiet zones? Pre-Rule Quiet Zones (i.e. based on pre-existing whistle bans) are treated somewhat differently from New Quiet Zones in the rule. This reflects a statutory requirement to "take into account the interest of communities that have in effect restrictions on the sounding of a locomotive horn at highway-rail grade crossings .... "(49 USC 20153(i)). Further, FRA recognizes and has taken into account the historical experience of u'ain horns not being sotmded in these communities. How are Pre-Rule Quiet Zones treated differently than New Quiet Zones? There are three major differences between a Pre-Rule Quiet Zone end aNew Qmet Zone: A Pre-Rule Quiet Zone does not have to be a minimum of one-half mile in length. (Section 222.35). 4 A Pre-Rule Quiet Zone does not have to have gates and flashing lights installed at each erossmg (Sect~an 222.35). Disclaimer: Answers ¢c~tain a short summary of the interim final rule for i~formational purposes only. Ent~t~es subject to the rule should refer to its text as published in the Federal Register on December 18, 2003. If new warning devices are installed, credit is given for the risk reduction that is achieved through the upgrading of the warning devices at public crossings (Appendix Cb. 6. Calculating the Risk for a Quiet Zone 6.1 How is risk measured at a grade crossing? Using information from numerous studies, the FRA has developed formulae that incorporate many factors that affect safety at highway-rail grade crossings. These formulae assess the expected accident frequency at a particular crossing, and the likely severity of the collision, given certain variables. The calculations result in a risk index value being assigned to each individual crossing in a proposed qmet zone, and the values are averaged over the proposed quiet zone. (FRA has developed an online "calculator" (sofavare tool) that can be used to perform this analysis. Refer to question 6.6 for further explanation.) 6.~ What are the factors that determine lhe risk index? Some factors, such as the number of trams and motor vehicles that use the crossing daily, the number of tracks, crossing warning devices, and other operating and physical characteristics affect the likelihood of a collision. Factors such as train speed can affect the severity of a collision. (For a d~scussion of all the factors used to calculate a crossing's risk index, please refer to Appendix D.) 6.3 How much risk reduction can be accomplished by installing a Supplementary Safety Measure? The FRA has gathered information on safety improvements associated with various safety measures and has derived benchmark estimates of effectiveness. For example, the use of traversable tmffm channeling devices is estimated to reduce the risk of a collision by 75%. Appendix A discusses the design and implementation requirements, and also provides an effectiveness estimate for each SSM 6.4 How much risk reduction can be accomplished by installing an Alternative Safety Measure? Because ASMs are typically devised to address a particular local need, the FRA has not evaluated even possible application or combination of applications. For engineering ASMs that do not fully satisfy the SSM criteria, it may be possible to estimate an effectiveness rate between zero and the SSM value, relying on the judgment of a diagnostic team that has had an opportunity to observe the roadway geometry and general motorist behavior in the vicinity of the crossing. Education and public awareness ASMs, by contrast, will require collection and analysis of data; and it is strongly recommended that the public authority work closely with FRA Disclaimer: Answers contain a short ~ummary of the interim final rule for informational purposes only. Entities subject to the rule should refer to its text as published in the Federal Register on December 18, 2003. to ensure that the methodologies employed are statishcally valid. (More detailed discussion is contained in Appendix B.) 6.~ Once a quiet zone has been mated, can its quiet zone status be lost? If a quiet zone has been created by reducing risk to fully compensate for lack of the train horn, in other words, bringing the risk down to the same level that would have existed ffthe Wain hem were sounded, then the quiet zone will not require annual momtormg and can remain in effect. However, if the quiet zone was established by reducing the risk to the Nationwide Significant Risk Threshold (NSRT), than the qmet zone will be subject to annual review by the FRA. If the Qmet Zone Risk Index (QZRI) is above the NSRT than the public authority will have to take additional steps, and may' incur additional costs to lower the QZRI sufficiently to maintain the quiet zone. In addition, the FRA may review the status of any quiet zone at aay time. (Secaon 222.31). 6.6 Are any special tools available to assist with the culcuiafion of risk indexes and to evaluate alternative quiet zone establishment/implementation scenarios? Yes, FRA developed the Quiet Zone Calculator to enable local planners to consider a variety of options that could reduce risk levels to those necessary for the estabhshment of quiet zones. The Quiet Zone Calculator ( ) is designed to: Perform the necessary calculations used to determine the existing risk levels at crossings along comdors; Re-calculate the risk indexes to reflect implementation of SSMs, ASMs (and, in the case of Pre-Rule Quiet Zones, crossing warning device upgrades); and Show corridor risk levels relative to the risk levels needed for compliance with the qmet zone estabhshment requirements. To use this intemet-based computer tool effectively, accurate information about the current physical and operational characteristics of the relevant crossings must be used. That is, the National Highway-Rail Crossing Inventmy record of each affected crossing must reflect current conditions. Disclaimer: Answers contain a short summa*'y qf the inte~'m final rule for informationat purposes only. Entiiies subject to the rule should refer to its text as published in the Federal Register on December 18, 2003. 6. ? What notifications must a public authority make to create a quiet zone? Upon establishment of a new quiet zone, or continuation of a Pre-Rule Quiet Zone, a public authority must provide writUm notice to all railroads operating over the qmet zone rail line, the highway or traffic control authority or law enforcement authority having control over vehicular traffic at the crossings, the state agency responsible for highway safety, FRA, and, if applicable, the landowner of any private crossings wiflxin the quiet zone. (Section 222.,43) 7. Horn Use 7.1 When must horns be sounded? Horns must be sounded when approaching and passing through a public highway-rail grade crussin& A public highway-rail crossing is one where a publicly-maintained roadway imersects one or more railroad tracks at grade. The hem does not have to be sounded when approaching or passing through grade separated or private crossings (unless required by state law). (Section 222.21) 7.2 How long does the horn have to sound? All locomotives must sound the hem starting 15 to 20 seconds before reaching a public highway- rail grade crossing. However, in no case may the hem be sounded more than 1/4 mile before the crossing. (Section 222.20 7.3 What are the minimum and maximum levels locomotive horns can be sounded at? Train horn sound levels must range between a minimum of 96 dB(A) and a maximum of 110 dB(A) (inclusive) measured 100 feet in front of the locomotive and 15 feet above the rail. Prior to issuance of this rule, there was no maximum hem sound limit. Each new locomotive built on or after December 18, 2004, must comply with the provisions in this rule. Locomotives built prior to this date must be tested and brought into compliance within five years from the date of publication of this role (i.e., by December of 2008). (Section 229.129) 7.4 Does the horn have to be sounded in a particular pattern? Hems must sound in the standard sequence of two longs, one short, and one long blast until the train occupies the crossing. This is a long-standing practice. This pattern may be varied as necessary where crossings are spaced closely together. (Section 222.21,) Disclaimer: Answers contain a short summary of the interim final rule for informational purposes only. En~ities subject to the rule should refer to its text as pubfl'shed in th~ Federal l~egister on December 18, 2003. 8. Wayside Horns 8.1 Will wayside horns be permitted? Yes. Wayside horns may be used in place of locomotive horns at individual or multiple at-grade crossings, including those within quiet zones. The wayside horn is a stationary horn located at a highway-rail grade crossing, designed to provide audible warning to oncoming motorists of the approach of a tram. The wayside horn will be treated as a one-for-one substitute for the train horn. The crossing must be equipped with flashing lights and gates. (Section 222.59 and ApperMix E) Wayside homs may soon be classified by FHWA as traffic control devices. If FI-IWA does classify them as traffic control devices, the wayside horn must also be approved in the Man~ on Uniform Traffic Control Devices (MUTCD). Until such time, FHWA must approve experimentations or provide interim approval pursuant to section 1A. 10 of the MUTCD. Communities are urged to contact FHWA for current information. 9. Effect on State and Local Laws, Liability 9.1 How does this rule affect state and local laws regarding locomotive horns? State and local laws and ordinances which govern the soandmg of locomotive horns at public highway-rail grade crossings will be preempted by this Interim Final Rule when it becomes effective, in one year, on December 18, 2004. (There are certain statutory exceptions to preemption, which are discussed in the preamble to the rule.) The one-year period before state and local laws are preempted is based on the statutory requirement that one year pass between publication of this nde and its effective date. 9.2 Will railroads and train crews be liable under the rule for failing tO sound the locomotive horn in a quiet zone if an emergency situation develops? No. Even though the Interim Final Rule permits engineers to sound the locomotive horn within qmet zones should an emergency situation arise, it is the intent of the nde that locomotive crews and railroads are relieved from any legal duty to do so. (See section 222.25 for further discussion of this topW) Disclaimer: Answers contain a short summary of the interim final rule for informational tno~poses only. En~iiies subject to the rule should refer to its text as published in the Federal Register on December 18, 2003. 9.3 Who will be held liable ifa collision occurs at a grade crossing located within a quiet zone? The courts will ultimately detemaine who will be held liable if a collision occurs at a grade crossing located within a quiet zone, as the collision may have been caused by factors other than the absence of an audible warning Nonetheless, the Interim Final Rule is intended to remove "failure to sound the locomotive horn" as a cause of action in lawsuits involving collisions at grade crossings located within quiet zones. Therefore, FRA expects that the courts will determine liability issues based on the facts of each case, FRA's regulatory intent and the nature of this rule and its Federal requirements. 10. Impact on Emergency Order No. 15 / Florida East Coast Railway 10.1 What effect, if any, will this Interim Final Rule have on FRA Emergency Order No. 157 When the Interim Final Rule becomes effective (on December 18, 2004), it will supercede FRA Emergency Order No. 15, which currently requires the Florida East Coast Railway ('~EC') to sound locomotive horns at all public grade crossings in the State of Florid~ Under the current terms of the Emergency Order, Florida communities along FEC tracks may establish quiet zones if certain specified safety measures are implemented at evea3, grade crossing within the proposed quiet zone. However, FRA notes that this Interim Final Rule provides communities with substantially greater flexibility in creating quiet zones. Therefore, in the interest of creating a uniform, nationwide standard for the creation of New Quiet Zones, this Interim Final Rule will supercede Emergency Order No. 15 when it becomes effective. 10.2 Will the current quiet zones along Florida East Coast Railway tracks be treated as Pre-Rule Quiet Zones by this Interim Final Rule? No. Quiet zones created by Florida communities along Florida East Coast Railway ("FEC") tracks will not be treated as Pre-Rule Quiet Zones by this Interim Final Rule because Florida state statutes and local ordinances permitting whistle bans were not enforced or observed as of October 9, 1996 0aavmg been preempted by FRA Emergency Order No. 15). Therefore, all quiet zones located within the state of Florida will have to qualify as New Quiet Zones under this Interim Final Rule. FRA may, however, apply a regional estimate as to the effect of silencing train horns at Florida grade crussmgs (as was done for grade crossings in the Chicago Region). FRA will determine whether a regional estimate is necessary after reviewing comments submitted in respc~se to this Interim Final Rule and/or conducting supplementary fact finding prior to the rescission of FRA Disclaimer: Answers contain a short summary of the interim final rule for informational tntrposes only. Entities subject to the rule should refer to its tea as published in the Federal Register on December 18, 2003. Emergency Order No. 15. FRA's determination will then be published in a Federal Register notice issued well before the effective date of this Interim Final Rule. 11. Interim Final Rule and Public Comment IL1 What is an Interim Final Rule? An interim final rule is a role which meets the requirements for a final rule md which has the same force and effect as a final rule, but which contains an invitation for further public comment on its provisions. After reviewing comments to the interim final rule, aa agency may modif7 the interim final rule and issue a "final" final rule. 11.2 Why did FRA issue an Interim Final Rule rather than a Final Rule? Even though this rule could have been issued as a Final Rule, FRA determined that an Interim Final Rule would be more appropriate, as it will give the public an opportunity to comment on revisions that have been made to the proposed rule. FRA believes that the Interim Final Rule will benefit from public input, so comments are being solicited on all aspects of the rule. FRA will review the comments and may make revisiom when issuing the Final Rule. 11.3 Wffi issuing Ibis as an Interim FInal delay implementation of quiet zones? Issuing this interim final rule rather than a final rule will not penalize those communities who have waited anumber ofyears for issuance ofarule permitlingthe creation of quiet zones. They will still be able to establish quiet zones on the same schedule as ifa final role were issued today. Alternatively, issuance of this interim final rule will not have a significant negative effect on those con-ammities with present whistle bans. FRA has specifically included in the rule ample time for those communities to conform to any changes that may be made to the interim final role in order to enable them to retain their whistle-free crossings. 11.4 Is there an opportunity to provide comments on rims Interim Final Rule? Yes. FRA will accept comments during the 60-day period following pubhcafion of the Interim Final Rule. As the Interim Final Rule was published on December 18, 2003, FRA will consider all comments submitted on or before February 17, 2003. FRA is also planning to conduct a public hearing in Washington, D.C. FRA will publish a notice in the Federal Register that will provide further details. Disclaimer: Answers contain a short summary, of the interim final rule for informcm'onal purpo~es only. Eraities subject to the rule should refer to its text as published in the Federal Register on December 18, 2003. 11.5 How do I submit comments on the Interim Final Rule? Anyone wishing to file a comment should identify the FRA docket (Docket No. FRA-1999- 6439). Written comments should be mailed to the Docket Management System, U.S. Department of Transportation, Room PL-401,400 Seventh Street, S.W., Washington, DC 20590- 0001. Comments may be submitted electromcally to the docket on the web at V.3.2 12/11/03 Disclaimer: Answers contain a short summary of the interim final rule for informat~onal purposes only. Ent~aes subject to the rule should refer to its text as published in the Federal Register on December 18, 2003. THE "TRAIN HORN" RULE Summary of 1he Interim Final Rule 1. Overview: Announcing publication December 18, 2003, of the Interim Final Rule on Use of Locomotive Homs al Highway-Rail Grade Crossings. Purposes: Ensure a high level of public safety; Respond to the many communities that have continued to press for relief from unwanted bom noise; and Take into consideration the interests of localities with exis~ng whistle b~as. Currently use of the horn at highway-rail crossings is govemed by state law and railroad operating rules. When this rule is effective, it wilt determine when the horn is sounded al public crossings (and private crossings within "qmet zones"). This Interim Final Rule was mandated by law~, and was issued by the Federal Raikoad Administration (FRA) altar review of almost 3,000 public comments on the Notice of Proposed Rulemaking (NPRM) (65 FR 2230) and the Draft Environmental Impact Statement published January 13, 2000. The rule requires that the locomotive hom be sounded at public highway-rail crossings, but provides several exceptions to that requirement. Local public authorities may establish, or request the 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 lype of safety improvements implemented (if required). Horns may continue to be silenced at Pre-Rule Quiet Zones, provided certain actions are By law, the role may not go into effect until December 18, 2004. Because FRA has made numerous important changes in response to pubhc input,. FRA will receive additional cott~iients on this interim final rule. That process should not delay implementation of the rule. 2. Requirement to sound the locomotive horn: 149U.S.C. 20153. Disclaimer: This is a summary of the interim final rule for ini~ia~ briefing purposes only. Entities subject to the rule should refer to the rule text as published in the Federal Register on December 18, 2003. 2 Outside of quiet zones, railroads must sound the hom 15-20 seconds prior to arrival at the crossing, but not more than 1/4 mile in advance of the crossing. Note: Most State laws and railroad roles currently require that the hom be sounded for 1/4 mile in advance of the crossing. Under the nde, for trains rumaing at less than 45 mph, this will reduce the time and distance over which the horn is sounded. This will reduce noise impacts on the local community. The pattern for soonding the horn will remain as it currently exists today (two long, one short, one long repeated or prolonged until the locomotive traverses the crossing). Locomotive engineers will retain the latitude to vary this pattern where crossings are closely spaced; and they will also be empowered to sound the horn in the case of an emergency, even in a quiet zone. The rule addresses use of the horn only with respect to highway-mil crossings. Railroads remain free to use the horn for other purposes as prescribed in ralkoad 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 warning devices). The rule prescribes both a minimum and max/mton sound level for the Iraln horn The minimum level is retained at 96db(A), and the new maximum will be 110 db(A). This range will permit railroads to address safely needs in their operating territo~ (see discussion in the preamble). The protocol for testing the horn will be altered to place the sound-level meter at a height of 15 feet above top of rail, rather than the cra'rent 4 feet above the roadbed. Note: The effect of this change will be to permit center-mounted horns to be '~rned 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 othenvise be expected several hundred feet in front of the locomotive (where the crossing and approaching motorists are located or found). The effect of these changes will be to reduce horn noise for 3.4 million of the 9.3 million people currently affected by train horn noise. Disclaimer: This is a s~mary of the interim final rule for initial briefing purposes only. Enfft~es subject to the rule should refer to the rule text as published in the Federal Reg~ster on December 18, 2003. 3. Creation of quiet zones: 3 The rule provides significant flexibility to create quiet zones, both where there are existing whistle bans and in other conmaunities, as well. The Interim Final Rule adds a new concept that permits implernentat/on of quiet zones in low-ink situations without the necessity to add safety improvements. This concept utilizes a risk index approach fi.at estimates expected safety outcomes (thai is, the likelihood of a fatal or non-fatal casualty at a crossing). Risk may be averaged over crossings in a proposed quiet zone. Average risk within the proposed quiet zone is then compared with the average risk at gated train horn cross'rags nationally (the "National Significant Risk Threshold" or "NSRT"). FRA will compute the NSRT annually. 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 crossings. If the risk index for a proposed New Quiet Zone exceeds the NSRT, then supplementa~ or alternative safety measures must be used to reduce that risk (1o fully compensate for the absence of the train horn or to reduce risk below the NSRT). The interim final rule- Retains engineering solutions known as "supplementary safety measures" for use without FRA approval. Adds explicit flexibility for adaptation of"supplementmy safety measures" to receive credit as "alternative safety measures." For instance, shorter channelizatien arrangements can be used with reasonable effectiveness estimates. Dt~claimer: This is a summary of the imerim final rule for initial briefing purposes only. Ent~es subject to the rule shouM refer to the rule text as published in the FedePal Register on December 18, 2003. 4 Continues education and enforcement options, including photo exfforcemant, subject to verification of effectivaness.2 The public authority responsible for safety and maintenance of the roadway that crosses the railroad tracks is the only entity that can designate or apply for quiet zone stares. FRA will provide a web-based tool for communities to use in performing "what if" calculations and preparing submissions. The tool may be foand at In order to ensure proper application of the risk index, the National Highway-Rail Crossing Inventory must be updated by States and railroads. In the absence of timely filings by those parties, local authorities may file updated invantory 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 continuarion of Pre-Rule Quiet Zones pending any required improvercents), the railroad is barred from rcurine sounding of the horn as a warning at the affected crossings. See below for discussion of Pre-Rule Quiet Zones and New Quiet Zones. 2The 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 bean derconstrated to be effective. Disclaimer: This is a summary of the interim final rule for initial briefing purposea only. Eniities subject to the rule shouM refer to the rule text as published in the Federal Register on December 18, Homs may continue to be silenced at Pm-Rule Quiet Zones if- The average dsk at the crossings is tess than the NSRT; or The average dsk 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 waming device (or at least to reduce average dsk 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 years of publication (8 years if 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 mom consecutive grade crossings subject to a whistle ban that has been actively enforced or observed as of October 9, 1996 and December 18, 2003. To secure Pre-Rule Quiet Zone status, communities must file a notice with FRA within 1 year of publication and a plan within 3 years of publication (if improvements are required). New Quiet Zones may be created if- All public crossings are equipped with flashing lights and gates; and either- After adjusting for excess risk created by silencing the train horn, the average dsk at the crossings is less than the NSRT; or Safety improvements are made that will compensate for loss of the train horn as a waming 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. Disclaimer: This is a summcmy of the interim finat rule for initial briefmg purpoxes only. EntiCes ~ubject to the rule sho~dd refer to the rule text as published in the Federal Register on December 18, 2003. Length of quiet zones: Generally, a quiet zone must be at least ½ mile in length and may include one or more crossings. Pre-Ruie Quiet Zones may be retained at their present length as of the date of publication of the nde, even if less than ½ mile. A Pre-Rule Quiet Zone that is gxeater than ½ mile may be reduced in length to no less than ½ mile and retain its pre-nde status. However, if its length is increased from pre-nde length, pre-rule status will not be retained. Supplementary and alternative safety measures: Supplementmy safety measures are engineering improvements that clearly compensate for the absence of the tram horn If employed at every erossmg in the quiet zone, they automatically qnali~y the quiet zone (subject to reporting requirements). Temporaxy closure used with a nighttime-only zone; Four-quadrantgates; ---~.~% ~ ~O~g4~4-~J ~-~ P_cM~ Channelization arrangements (i.e., non-mountable curb or mountable curb with delineators) at least 100 feet in length on each side (60 fl. where there is an intersecting roadway); One-way slxeet with gate across the roadway. Alternative safety measures may be applied such that the combination of measures at one or more crossings reduces the average risk by the required amotmt across the quiet zone (so-called "comdor approach"). Any supplementary safety measure or reasonable variation of a supplementary safety measure (e.g., barrier gate and median with higher estimate of effectivenes; shorter channelizadon with reduced estimate of effectiveness); Education and/or enforcement programs (including photo enforcement) with verification of effectiveness; or Combination of the above. Disclaimer.. This is a summary of the interim final ruJe for mit~al briefing purposes only. Entitiez ~ubjeet to the rule sh~ndd refer to the rule text as published in the Federal Register on December 18, 2003. 7 6. Recognition ofthe automated wayside horn: The rule authorizes use of the automated wayside hom at any crossing with flashing hghts and gates (inside or outside a quiet zone) as a 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) may treat wayside horns as traffic control devices, commumties interested in employing this option should contact FI-IWA to determine the need for au experimental designation. 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. A railroad or community seeking a waiver must first consult with the other party end seek agreement on the form of relief, but if agreement cannot be achieved the party may still request the relief. FRA grants waivers if in the public interest and consistent with the safety of highway and railroad users of the crossings. 8. Further proceedings on the rule: Because FRA has made numerous changes from the proposed role in order to respond to public comments, FKA is providing an additional, brief oppommity for comment. Comments will be accepted through February 17, 2004, (first busmeas day following the Federal holiday on Monday). FRA enficipates that the rule will be effective, with any wammtod adjustments, on December 18, 2004. Additional information, including the full text of the Interim Final Rule, the Final Environmental Impact Statement, end background documents, are available at Disclaimer: This is a summary of the interim final rule for mi~l briefing pwrposes only. Entities subject to the rule should refer to the rule text as published in the Federal R~gister on December 18, 2003.