HomeMy WebLinkAboutDocumentation_Workshop_Tab 03_7/1/2024 Agenda Item #3.
Workshop
STAFF MEMO
Meeting: Workshop - Jul 01 2024
Staff Contact: Doug Chambers, Director of Public Department: Public Works
Works
Tequesta Drive Grade Crossing Quiet Zone
The Public Works Staff was tasked with applying for a Quiet Zone at the Tequesta Drive grade
crossing.
Train Horn Rules and Quiet Zones
Train Horn Requirements
Under the Train Horn Rule (49 CFR Part 222), locomotive engineers must begin to sound train horns
at least 15 seconds and no more than 20 seconds, in advance of all public grade crossings.
Quiet Zones
A procedure was established whereby a public authority may establish quiet zones. The entity is
required to meet certain safety requirements to designate a crossing as a "quiet zone. Localities that
want to establish a quiet zone are required to mitigate the increased risk caused by the absence of a
train horn. In order for a quiet zone to be qualified, it must be shown that the lack of the train horn
does not present a significant risk with respect to loss of life or serious personal injury, or that the
significant risk has been compensated for by other means.
In a quiet zone, horns may still be used in emergency situations and or at the engineers discretion.
The Federal Rail Administration
The FRA established the criteria and standards required for a quiet zone. Entities are encouraged to
use the online quiet zone risk calculator to identify their safety "score" and to determine if the crossing
has the necessary safety requirements to establish a quiet zone. You receive cumulative "points"
based on each safety component/system at the crossing.
Palm Beach County Transportations Authority
In 2016, The Palm Beach County Transportation Authority ran the quiet zone calculator to determine
if the Tequesta Drive Grading crossing met the criteria for a quiet zone. At that time the TPA
concluded the crossing met the criteria for a quiet zone.
Treasure Coast Regional Planning Council Site Visit
The Treasure Coast Regional Planning Council is working with the Federal Rail Administration and
the Palm Beach County Transportation Authority to assist local Governments seeking to establish
quiet zones.
Page 25 of 74
Agenda Item #3.
At the tail end of the Brightline Project (2023) the Treasure Coast Planning Council set up a meeting
with The Village of Tequesta, Town of Jupiter and Martin County at each respective crossing.
(Tequesta Drive, Riverside Drive, Countyline Road)
At the time of the field meeting, the Treasure Coast informed the Village we met the criteria to
establish a quiet zone.
Village of Tequesta and Federal Rail Administration Field Meeting
In April 2024, 1 met with the FRA at the Tequesta Drive grade crossing to review the implementation
of a quiet zone. The current Quiet Zone Risk Index requirements have changed since the addition of
the second track and the Brightline Train. It was determined that the Grade crossing does not meet
the criteria for a quiet zone and require more infrastructure at the crossing.
Tequesta Drive Grade Crossinq Safety Issues
Safety Issue #1 - Existing Gate Arms
The Tequesta Drive Grade Crossing was constructed with 2-Gate Arms. A vehicle could potentially
enter into the oncoming traffic lane and drive through the crossing.
Exam les of Drivers' Behavior Gontributin to Crashes at Grade Crossin s
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Ddver going around gates Driver queuing on tracks Driver turning onto right-of-way
Safety Issue #2 Driveway Location
Driveways must be a minimum distance of 100' feet from the crossing gates.
There is one commercial driveway at 304 Tequesta Drive that is 60' from the Gate Arms. The
driveway is not at the minimum distance of 100'.
Page 26 of 74
Agenda Item #3.
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Option #1 To Qualify for a Quiet Zone
Four Quadrant Gate System
Install two additional Gate Arms -Signals in the Northbound and Southbound Lanes.
This would add an additional layer of safety and reduce the possibility of a vehicle entering the grade
crossing from the wrong lane.
Page 27 of 74
Agenda Item #3.
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Funding for Two Additional Gates
• The Village funds the cost for engineering, plans, contractors, equipment. The cost for this
option varies, however as much as 500k.
• The Palm Beach County Transportation Authority is working with the FDOT and Brightline on
Phase II Improvements in South Florida. The Manager has requested Funding from the TPA to
add 2- additional Gate Arms at the Tequesta Grade Crossing for a 4-Quadrant Gate System.
Funding and the implementation of Phase II could be a year out.
Option #2 to Qualify for a Quiet Zone
Relocate the Commercial Driveway at 304 Tequesta Drive. Move the driveway approximately 40' to
the west. Moving the driveway would provide the safety distance of 100' from the Crossing Arm. This
would require site plan approval. In order to meet the current fire code a fire hydrant would be
installed in the right of way at the entrance driveway on Tequesta Drive.
Page 28 of 74
Agenda Item #3.
Additionally, the pavement on the east side of the building would be extended 10' for Fire access.
This option would require an agreement with the Property Owner.
I have discussed this option with the Property Owner and he has verbally agreed to this modification.
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Page 29 of 74
Agenda Item #3.
Village Cost to Relocate Driveway and Modify the Site
Task Estimated Cost
Relocate Driveway and Pavement Extension: $55,000.00
Install Fire Hydrant $14,000.00
Landscaping -Removal, Planting, Irrigation $8,000.00
Engineering — Site Plan $3,950.00
Quiet Zone /Safety Signage $1,500.00
Total Budgetary Costs $82,450.00
Doug Chambers
Director
Department of Public Works
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-
768-0443.
BUDGET • •
BUDGET AMOUNT N/A AMOUNT AVAILABLE N/A EXPENDITURE AMOUNT: N/A
FUNDING SOURCES: N/A IS THIS A PIGGYBACK:
❑ Yes ❑ N/A
DID YOU OBTAIN 3 QUOTES?
❑ Yes ❑ N/A
COMMENTS/EXPLANATION ON SELECTIONThere are 3 funding options listed in the Summary
Staff is seeking direction as to which option to pursue
QuietZoneBrochure
FRA Train Horn and Quiet Zone Fact Sheet
Guidance on the Quiet Zone Creation Process
Draft Notice of Intent to Establish Quiet Zone
Res 14-24 Notice of Intent to Establish A Quiet Zone Within the VOT
Page 30 of 74
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Federal Railroad Administration
1200 New Jersey Avenue S.E.
Washington, DC 20590
Telephone: 202-493-6299
www.fra.dot.gov •
Guide to the Quiet Zone • • Process
gen a em .
Purpose of the Guide
This brochure was developed to serve as a guide for local decision makers seeking a
greater understanding of train horn sounding requirements and how to establish quiet
zones. Its purpose is to provide a general overview and thus does not contain every detail
about the quiet zone establishment process. For more detailed and authoritative
information, the reader is encouraged to review the official regulations governing the use
of locomotive horns at public highway-rail grade crossings and the establishment of quiet
zones that are contained in 49 CFR Part 222. A copy of the rule can be downloaded or
printed at http://www.fra.dot.gov/eLib/Details/L02809.
About Quiet Zones
FRA is committed to reducing the number of collisions at
NO highway-rail grade crossings, while establishing a
consistent standard for communities who opt to preserve
TRAINHORN or enhance quality of life for their residents by establishing
quiet zones within which routine use of train horns at
crossings is prohibited.
Federal regulation requires that locomotive horns begin sounding 15-20 seconds before
entering public highway-rail grade crossings, no more than one-quarter mile in advance.
Only a public authority, the governmental entity responsible for traffic control or law en-
forcement at the crossings, is permitted to create quiet zones.
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 when trains are approaching the crossings. The prohibited use of train
horns at quiet zones only applies to trains when approaching and entering crossings and
does not include train horn use within passenger stations or rail yards. Train horns
may be sounded in emergency situations or to comply with other railroad or FRA rules
even within a quiet zone. Quiet zone regulations also do not eliminate the use of
locomotive bells at crossings. Therefore, a more appropriate description of a designated
quiet zone would be a "reduced train horn area."
Communities wishing to establish quiet zones must work through the appropriate public
authority that is responsible for traffic control or law enforcement at the crossings.
Page 32 of 74
Guideo the Quiet ZoneEstablishment Process
Agenda Item #3.
Historical Context
Historically, railroads have sounded locomotive horns or whistles in advance of grade
crossings and under other circumstances as a universal safety precaution. Some States
allowed local communities to create whistle bans where the train horn was not routinely
sounded. In other States, communities created whistle bans through informal
agreements with railroads.
In the late 1980's, FRA observed a significant
increase in nighttime train-vehicle collisions at
certain gated highway-rail grade crossings on
the Florida East Coast Railway (FEC) at which _
nighttime whistle bans had been established
in accordance with State statute In 1991, FRA
issued Emergency Order #15 requiring trains
on the FEC to sound their horns again. The
number and rate of collisions at affected '
crossings returned to pre-whistle ban levels. _
In 1994, Congress enacted a law that required
FRA to issue a Federal regulation requiring the sounding of locomotive horns at public
highway-rail grade crossings. It also gave FRA the ability to provide for exceptions to that
requirement by allowing communities under some circumstances to establish "quiet
zones."
The Train Horn Rule became effective on June 24, 2005. The rule set nationwide
standards for the sounding of train horns at public highway-rail grade crossings. This rule
changed the criteria for sounding the horn from distance-based to time-based. It also
set limits on the volume of a train horn. The rule also established a process for
communities to obtain relief from the routine sounding of train horns by providing
criteria for the establishment of quiet zones. Locomotive horns may still be used in the
case of an emergency and to comply with Federal regulations or certain railroad rules.
Page 33 of 74
Guide • the Quiet Zone • Process
Agenda Item #3.
Public Safety Considerations
Because the absence of routine horn sounding increases the risk of a crossing collision, a
public authority that desires to establish a quiet zone usually will be required to mitigate
this additional risk. At a minimum, each public highway—rail crossing within a quiet zone
must be equipped with active warning devices: flashing lights, gates, constant warning
time devices (except in rare circumstances) and power out indicators.
In order to create a quiet zone, one of the following conditions must be met
1. The Quiet Zone Risk Index (QZRI) is less than or equal to the Nationwide Significant
Risk Threshold (NSRT) with or without additional safety measures such as
Supplementary Safety Measures (SSMs) or Alternative Safety Measures (ASMs)
described below. The QZRI is the average risk for all public highway-rail crossings in the
quiet zone, including the additional risk for absence of train horns and any reduction in
risk due to the risk mitigation measures. The NSRT is the level of risk calculated annual-
ly by averaging the risk at all of the Nation's public highway-rail grade crossings
equipped with flashing lights and gates where train horns are routinely sounded.
2. The Quiet Zone Risk Index (QZRI) is less than or equal to the Risk Index With Horns
(RIWH) with additional safety measures such as SSMs or ASMs. The RIWH is the
average risk for all public highway-rail crossings in the proposed quiet zone when loco-
motive horns are routinely sounded.
3. Install SSMs at every public highway-rail crossing. This is the best method to reduce to
reduce risks in a proposed quiet zone and to enhance safety.
SSMs are pre-approved risk reduction engineering treatments installed at certain public
highway-rail crossings within the quiet zone and can help maximize safety benefits and
minimize risk. SSMs include: medians or channelization devices, one-way streets with
gates, four quadrant gate systems, and temporary or permanent crossing closures. Exam-
ples of SSMs are shown on the next page.
ASMs are safety systems, other than SSMs, that are used to reduce risk in a quiet zone.
ASMs typically are improvements that do not fully meet the requirements to be SSMs and
their risk reduction effectiveness must be submitted in writing and approved by FRA.
FRA strongly recommends that all crossings in the quiet zone be reviewed by a diagnostic
team. A diagnostic team typically consists of representatives from the public authority,
railroad, and State agency responsible for crossing safety and FRA grade crossing
managers. Page 34 of 74
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Guideo the Quiet ZoneEstablishment Process
Agenda Item #3.
Public Safety Considerations continued
Examples of SSMs
�Fhi
Crossing Closure Four Quadrant Gate System
Gates with Channelization Devices Gates with Medians
ripWayside Horns The train horn rule also provides another method for
reducing the impact of routine locomotive horn sounding when trains
approach public highway-rail grade crossings. A wayside horn may be
installed at highway-rail grade crossings that have flashing lights, gates,
constant warning time devices (except in rare circumstances), and power out indicators.
The wayside horn is positioned at the crossing and will sound when the warning devices
are activated. The sound is directed down the roadway, which greatly reduces the noise
footprint of the audible warning. Use of wayside horns is not the same as establishing a
quiet zone although they may be used within quiet zones.
Cost Considerations
The enabling Federal statute did not provide funding for the establishment of quiet zones.
Public authorities seeking to establish quiet zones should be prepared to finance the
installation of SSMs and ASMs used. Costs can vary from $30,000 per crossing to more
than $1 million depending on the number of crossings and the types of safety
improvements required.
Legal Considerations
The courts will ultimately determine who will be held liable if a collision occurs at a grade
crossing located within a quiet zone, based upon the facts of each case, as a collision may
have been caused by factors other than the absence of an audible warning. FRA's rule is
intended to remove failure to sound the horn as a cause of action in lawsuits involving
collisions that have occurred at grade crossings within duly established quiet zones.
Page 35 of 74
Guide • the Quiet Zone • Process
Agenda Item #3.
The Quiet Zone Establishment Process
Under the Train Horn Rule, only public authorities are permitted to establish quiet zones.
Citizens who wish to have a quiet zone in their neighborhood should contact their local
government to pursue the establishment of a quiet zone. The following is a typical
example of the steps taken to establish a quiet zone:
1. Determine which crossings will be included in the quiet zone. All public highway-rail
crossings in the quiet zone must have, at a minimum, an automatic warning system
consisting of flashing lights and gates. The warning systems must be equipped with
constant warning time devices (except in rare circumstances) and power out indicators.
The length of the quiet zone must be at least one-half mile in length.
2. Identify any private highway-rail grade crossings within the proposed quiet zone. If they
allow access to the public or provide access to active industrial or commercial sites, a
diagnostic review must be conducted and the crossing(s) treated in accordance with
the recommendations of the diagnostic team.
3. Identify any pedestrian crossings within the proposed quiet zone and conduct a diag-
nostic review of those crossings too. They also must be treated in accordance with the
diagnostic team's recommendations. NOTE: While it is not required by the regulations,
FRA recommends that every crossing within a proposed quiet zone be reviewed for
safety concerns.
4. Update the U.S. DOT Crossing Inventory Form to reflect current physical and operating
conditions at each public, private, and pedestrian crossing located within a proposed
quiet zone.
5. Provide a Notice of Intent (NOI) to all of the railroads that operate over crossings in the
proposed quiet zone, the State agency responsible for highway safety and the State
agency responsible for crossing safety. The NOI must list all of the crossings in the
proposed quiet zone and give a brief explanation of the tentative plans for
implementing improvements within the quiet zone. Additional required elements of
the NOI can be found in 49 CFR 222.43(b). The railroads and State agencies have 60
days in which to provide comments to the public authority on the proposed plan.
6. Alternative Safety Measures— If ASMs are going to be used to reduce risk, an
application to FRA must be made. The application must include all of the elements
provided in 49 CFR 222.39(b)(1) and copies of the application must be sent to the
entities listed in 49 CFR 222.39(b)(3). They will have 60 days to provide comments to
FRA on the application. FRA will provide a written decision on the application typically
within three to four months after it is received.
Page 36 of 74
Guideo the Quiet ZoneEstablishment Process
Agenda Item #3.
The Quiet Zone Establishment Process continued
7. Determine how the quiet zone will be established using one of the following criteria:
(Note that Options 2 through 4 will require the use of the FRA Quiet Zone Calculator
available at http://safetydata.fra.dot.gov/quiet/.)
1. Every public highway-rail crossing in the proposed quiet zone is equipped with one
or more SSMs.
2. The Quiet Zone Risk Index (QZRI) of the proposed quiet zone is less than or equal
to the Nationwide Significant Risk Threshold (NSRT) without installing SSMs or
ASMs.
3. The QZRI of the proposed quiet zone is less than or equal to the Nationwide
Significant Risk Threshold (NSRT) after the installation of SSMs or ASMs.
4. The QZRI of the proposed quiet zone is less than or equal to the Risk Index with
Horns (RIWH) after the installation of SSMs or ASMs.
8. Complete the installation of SSMs and ASMs and any other required improvements
determined by the diagnostic team at all public, private, and pedestrian crossings within
the proposed quiet zone.
9. Ensure that the required signage at each public, private, and pedestrian crossing is
installed in accordance with 49 CFR Sections 222.25, 222.27, and 222.35, and the standards
outlined in the Manual on Uniform Traffic Control Devices. These signs may need to be
covered until the quiet zone is in effect.
10. Establish the quiet zone by providing a Notice of Quiet Zone Establishment to all of the
parties that are listed in 49 CFR Section 222.43(a)(3). Be sure to include all of the required
contents in the notice as listed in 49 CFR Section 222.43(d). The quiet zone can take effect
no earlier than 21 days after the date on which the Notice of Quiet Zone Establishment is
mailed.
***Appendix C to the Train Horn Rule provides detailed, step by step guidance on how to
create a quiet zone.***
Page 37 of 74
Guider the Quiet ZoneEstablishment Process
Agerm -
Required Documentation
Public authorities interested in establishing a quiet zone are required to submit certain
documentation during the establishment process. FRA has provided checklists for the
various documents that can be found at http://www.fra.dot.gov/Elib/Details/L03055.
FRA's Regional Grade Crossing Managers are available to provide technical assistance.
A State's department of transportation or rail regulatory agency also may be able to
provide assistance to communities pursuing quiet zones.
Public authorities are encouraged to consult with the agencies in their State that have
responsibility for crossing safety. Some States may have additional administrative or legal
requirements that must be met in order to modify a public highway-rail grade crossing.
Role of Railroads
Communities seeking to establish a quiet zone are required to send a Notice of Intent and
a Notice of Quiet Zone Establishment to railroads operating over the public highway-rail
grade crossings within the proposed quiet zone. Railroad officials can provide valuable
input during the quiet zone establishment process and should be included on all
diagnostic teams. Listed below are links to the Class I Railroads and Amtrak.
BNSF Railway (BNSF) Canadian Pacific (CP)
CSX Transportation (CSX) Norfolk Southern (NS)
Canadian National (CN) Union Pacific (UP)
Kansas City Southern (KCS) Amtrak (ATK)
FINAL NOTE
The information contained in this brochure is provided as general guidance related to the
Quiet Zone Establishment Process and should not be considered as a definitive resource.
FRA strongly recommends that any public authority desiring to establish quiet zones take
the opportunity to review all aspects of safety along its rail corridor. Particular attention
should be given to measures that prevent trespassing on railroad tracks since investments
made to establish a quiet zone may be negated if the horn has to be routinely sounded to
warn trespassers.
Page 38 of 74
4
Agenda Item #3.
POINTS OF CONTACT
General Questions:
Inga Toye, 202-493-6305
Debra Chappell, 202-493-6018
Ron Ries, 202-493-6285
Regional Contacts
Region 1 Connecticut, Maine, Massachusetts, New Hampshire, New Jersey,
New York, Rhode Island, and Vermont
1-800-724-5991
Region 2 Delaware, Maryland, Ohio, Pennsylvania, Virginia, West Virginia ,
and Washington, D.C.
1-800-724-5992
Region 3 Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina,
South Carolina, and Tennessee
1-800-724-5993
Region 4 Illinois, Indiana, Michigan, Minnesota, and Wisconsin
1-800-724-5040
Region 5 Arkansas, Louisiana, New Mexico, Oklahoma, and Texas
1-800-724-5995
Region 6 Colorado, Iowa, Kansas, Missouri, and Nebraska
1-800-724-5996
Region 7 Arizona, California, Nevada, and Utah
1-800-724-5997
Region 8 Alaska, Idaho, Montana, North Dakota, South Dakota, Oregon,
Washington, and Wyoming
1-800-724-5998
Page 39 of 74
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Agenda Item #3. 1 °r � ^
Rail — Moving America Forward
The mission of the Federal Railroad Administration is to enable the safe,
reliable, and efficient movement of people and goods for a strong America,
now and in the future.
U.S. Department of Transportation
Federal Railroad Administration
1200 New Jersey Avenue S.E.
Washington, DC 20590
Telephone: 202-493-6299
www.fra.dot.gov
Follow FRA on Facebook and Twitter
September 2013 Page 40 of 74
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Agenda Item #3.
OF 7RA �
Federal Railroad Administration
Locomotive Horn Sounding and
Quiet Zone Establishment
7A7ES G� Fact Sheet
Why Do Locomotives Need to Sound Their Horns?
Since their inception, railroads have sounded locomotive horns or whistles in advance of grade
crossings and under other circumstances as a universal safety precaution. During the 20th century,
nearly every state in the nation enacted laws requiring railroads to do so. Some states allowed local
communities to create "whistle bans"where the train horn was not routinely sounded.
In accordance with a statutory mandate, FRA issued regulations which took effect in 2005 that
require locomotive horns be sounded in advance of all public highway-rail crossings, and provide
local communities the option of silencing them by establishing quiet zones. Under the Federal
regulation, locomotive engineers must sound train horns for a minimum of 15 seconds, and a
maximum of 20 seconds, in advance of all public grade crossings, except:
• If a train is traveling faster than 45mph, engineers do not have to sound the horn until it is
within '/4 mile of the crossing, even if the advance warning is less than 15 seconds.
• If a train stops in close proximity to a crossing, the horn does not have to be sounded when
the train begins to move again.
• A "good faith" exception at locations where engineers can't precisely estimate their arrival
at a crossing.
Wherever feasible, train horns must be sounded in a standardized pattern of 2 long, l short and 1
long and the horn must continue to sound until the lead locomotive or train car occupies the grade
crossing. The minimum volume level for locomotive horns is 96 decibels and the maximum
volume level is 110 decibels.
Establishing a Quiet Zone
Only local governments or public agencies may establish a quiet zone, which must be at least '/z
mile in length, and have at least one public highway-rail grade crossing. Every public grade
crossing in a quiet zone must be equipped at minimum with the standard or conventional automatic
warning devices (i.e. flashing lights and gates). Communities have the option to establish partial
quiet zones restricting locomotive horn sounding during overnight hour's between10:00 P.M. to
7:00 A.M.
Local governments must work in cooperation with the railroad that owns the track, and the
appropriate state transportation authority to convene a diagnostic team to assess the risk of collision
at each grade crossing where they wish to silence the horn. An objective determination is made
about where and what type of additional safety engineering improvements are necessary to
effectively reduce the risk associated with silencing the horns based on localized conditions such as
highway traffic volumes, train traffic volumes, the accident history and physical characteristics of
the crossing, including existing safety measures.
Page 41 of 74
Agenda Item #3.
Examples of additional safety engineering improvements that may be necessary to reduce the risk of
collisions include: medians on one or both sides of the tracks to prevent a motorist from driving
around a lowered gate; a four-quadrant gate system to block all lanes of highway traffic; converting
a two-way street into a one-way street; permanent closure of the crossing to highway traffic; or
approved variations of these treatments.
As an alternative to quiet zones, communities may also choose to silence locomotive horns through
the installation of wayside horns at each crossing (train-activated stationary acoustical devices
directed at highway traffic), as a one for one substitute for train horns.
Once all necessary safety engineering improvements are made, the local community must certify to
FRA that the required level of risk reduction has been achieved. A quiet zone may only take effect
after all necessary safety measures are installed and operational.
Notably, in a quiet zone engineers have no legal duty to sound the horn, but may exercise discretion
during emergency situations (i.e. the presence of a vehicle or a person on the track). Under federal
regulations, engineers must sound the horn to warn railroad maintenance employees or contractors
working on the tracks. If a railroad or individual engineer fails to sound the locomotive horn as
required or is unnecessarily sounding the horn in an established quiet zone, they are subject to
enforcement action by FRA.
Pre-Rule Quiet Zones In some locations, communities had legacy"whistle bans,"which were
established by local ordinance or through agreements with railroads in accordance with state laws,
or through informal agreements honored or abided by a railroad. Whistle ban communities were
required by law and FRA's regulations to affirmatively state their intention to preserve them by
submitting specific paperwork converting the ban to a"pre-rule quiet zone." Those that failed to do
so lost their special status and railroads resumed routine sounding of horns. Pre-rule quiet zone
communities that completed the required paperwork were granted an extended grace period (from 5
to 8 years)to achieve compliance with certain rule requirements.
Additional information can be found at: htW://www.fra.dot. oovv/Page/PO104
FRA Office of Public Affairs
(202) 493-6024
www.fra.dot.6ov
February 2013
Page 42 of 74
Agenda Item #3.
Section I. Pre-Rule Quiet Zones: Qualifying for Automatic Approval (Chart 1A)
I. Identify all the crossings you wish to include as part of the proposed Quiet Zone
(QZ)
2. Check whether each crossing qualifies as a pre-rule crossing (horns not sounding
on October 9, 1996 and December 18, 2003 because of state/local law or
community agreement with the railroads). If all crossings do not qualify as pre-
rule crossings, then the proposed quiet zone does not qualify as a Pre-Rule QZ,
and you should refer to Section III, New Quiet Zones.
3. Determine whether you wish to eliminate any crossings from the proposed QZ.
The length of a Pre-Rule QZ may continue unchanged from that which existed on
October 9, 1996. If, however,you choose to eliminate a crossing, the QZ must be
at least ''/z mile in length along the railroad tracks.
4. A QZ may include highway-rail grade crossings on a segment of rail line crossing
more than one political jurisdiction, or there may be roads within a particular area
that are the responsibility of different entities (State or county roads within a
town, for example). If the selected crossings are the responsibility of more than
one entity, obtain the cooperation of all relevant jurisdictions.
5. Update the USDOT Grade Crossing Inventory Form to reflect conditions at each
public and private crossing; this update should be complete, accurate, and be
dated within 6 months prior to the QZ implementation. For instructions on how
to complete the update, see the FRA website at
http://www.fra.dot.gov/eLib/details/L02730.
6. If each public crossing in the proposed QZ is equipped with one or more
Supplementary Safety Measures (SSMs) as defined in Appendix A of the Rule,
the QZ qualifies for Automatic Approval. To complete the process of creating the
QZ, notify the parties listed in rule section 222.43 by December 18, 2004.
Note: Once the QZ has been created, install the required signage by December
18, 2006. (Refer to rule sections 222.25 and 222.35 for details.)
Note: Periodic updates, including updated USDOT Grade Crossing Inventory
Forms, must be submitted to FRA every 4.5-5 years. (Refer to rule section 222.47
for details.)
7. If every public crossing is not equipped with at least one SSM, then the QZ can
automatically qualify by comparing its Quiet Zone Risk Index (QZRI) with the
Nationwide Significant Risk Threshold(NSRT). However, these QZs are subject
to annual review by the FRA.
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.
Page 43 of 74
Agenda Item #3.
8. Using the FRA's Quiet Zone Calculator, a web-based tool that can be found at
http:Hsafetydata.fra.dot.gov/quiet/ , determine whether the QZRI of the proposed
QZ is less than or equal to the NSRT. If the QZRI is less than or equal to the
NSRT, the QZ qualifies for Automatic Approval. Notify the parties listed in rule
section 222.43 by December 18, 2004.
Note: Once the quiet zone has been created, install the required signage by
December 18, 2006. (Refer to rule sections 222.25 and 222.35 for details.)
Note: Periodic updates, including updated USDOT Grade Crossing Inventory
Forms, must be submitted to FRA every 2.5-3 years. (Refer to rile section
222.47 for details.)
9. If the QZRI is greater than the NSRT, use the FRA's Quiet Zone Calculator to
check whether it is less than twice the NSRT. If the QZRI is more than twice the
NSRT, the QZ cannot qualify for Automatic Approval. For information on how
to proceed, see Section II, Pre-Rule Quiet Zones Not Qualified for Automatic
Approval.
10. If the QZRI is greater than the NSRT, but less than twice the NSRT, determine
whether any of the public crossings have experienced a "relevant collision" on or
after December 18, 1998. (See rule section 222.9 for the definition of a"relevant
collision.") If there have not been any"relevant collisions" at any public crossing
since December 18, 1998, the QZ qualifies for Automatic Approval. Notify the
parties listed in rule section 222.43.
Note: Once the quiet zone has been created, install the required signage by
December 18, 2006. (Refer to rule sections 222.25 and 222.35 for details.)
Note: Periodic updates, including updated USDOT Grade Crossing Inventory
Forms, must be submitted to FRA every 2.5-3 years. (Refer to rule section
222.47 for details.)
11. If the QZRI is greater than the NSRT,but less than twice the NSRT, and there has
been a"relevant collision" at a public crossing within the proposed QZ, the QZ
cannot qualify for Automatic Approval. For information on how to proceed, see
Section II, Pre-Rule Quiet Zones Not Qualified for Automatic Approval.
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.
Page 44 of 74
Agenda Item #3.
Section II. Pre-Rule Quiet Zones Not Qualified for Automatic Approval (Chart 1B)
l. Review Section I, Pre-Rule Quiet Zones: Qualifying for Automatic Approval, to
confirm that the proposed Pre-Rule Quiet Zone does not qualify for Automatic
Approval.
2. If each crossing qualifies as a pre-rule crossing (horns not sounding on October 9,
1996 and December 18, 2003 because of state/local law or community agreement
with the railroads), send notice of continuation of the quiet zone to all parties by
December 18, 2004. (Refer to rule section 222.43 for details.)
Note: If you eliminated any pre-rule crossings to create the proposed
Quiet Zone, the Quiet Zone must be at least 1/2 mile in length along the
railroad tracks.
3. Submit to FRA a detailed plan for establishing a quiet zone before December 18,
2006. This plan should include a timetable for the implementation of safety
improvements. If you intend to implement ASMs, the plan should include a
completed application for FRA approval of their use. If a detailed plan is not
been submitted by December 18, 2006, the quiet zone will terminate. (Refer to
rule section 222.41 for details.)
Note: Since the proposed quiet zone does not qualify for Automatic
Approval, any SSMs and ASMs used must be implemented in accordance
with rule section 222.39.1
Note: For guidance on ASM use, see Section IV, Creating Quiet Zones
using Engineering Alternative Safety Measures (modified SSMs) and
Section V, Creating Quiet Zones using Non-engineering Alternative Safety
Measures.
Note: Required signage must also be installed by December 18, 2006.
(Refer to rule sections 222.25 and 222.35 for details.)
4. Install SSMs and/or traffic control device upgrades as necessary to reduce risk
within the proposed quiet zone.
5. If every public crossing in the proposed Quiet Zone is equipped with one or more
SSMs as defined in Appendix A of the Rule, you can establish the proposed Quiet
Zone through public authority designation by completing the following steps:
i Although the requirements for implementation of SSMs and ASMs must be in accord with rule section
222.39,the Pre-Rule Quiet Zone requirements covering minimum length and traffic control devices rernain
in effect for these crossings.
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.
Page 45 of 74
Agenda Item #3.
a. Complete the planned improvements by December 18, 2008,2
b. Update the USDOT Grade Crossing Inventory Form.
c. Notify the parties listed in the rule. (Refer to rule section 222.43 for
details.)
Note: Periodic updates, including updated USDOT Grade Crossing Inventory
Forms, must be submitted to FRA every 4.5-5 years. (Refer to rule section
222.47 for details.)
6. Using the FRA's Quiet Zone Calculator, a web-based tool that can be found at
http://safetydata.fra.dot.aov/quiet/, determine whether the implementation of
SSMs, ASMs, and/or traffic control devices will reduce the QZRI of the proposed
Pre-Rule Quiet Zone to the level of risk that would exist if the train horns were
still sounded (RIWH). If the QZRI will be less than or equal to the RIWH,you
can establish the Quiet Zone through public authority designation by completing
the following steps:
a. Complete the planned improvements by December 18, 2008,2
b. Update the USDOT Grade Crossing Inventory Form.
c. Notify the parties listed in the rule. (Refer to rule section 222.43 for
details.)
Note: Periodic updates, including updated USDOT Grade Crossing Inventory
Forms, must be submitted to FRA every 2.5-3 years. (Refer to rule section
222.47 for details.)
7. Using the FRA's Quiet Zone Calculator, a web-based tool that can be found at
http://safetydata.fra.dot.aoy/quiet/, determine whether the implementation of
SSMs, ASMs, and/or traffic control devices will reduce the QZRI of the proposed
Pre-Rule Quiet Zone to the Nationwide Significant Risk Threshold(NSRT). If
the QZRI will be less than or equal to the current NSRT, you can establish the
Quiet Zone through public authority designation by completing the following
steps:
a. Complete the planned improvements by December 18, 2008.2
b. Update the USDOT Grade Crossing Inventory Form.
2 If the State is involved in the development of Quiet Zones,then the date for completion is extended an
additional 3 years.
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.
Page 46 of 74
Agenda Item #3.
c. Notify the parties listed in the rule. (Refer to rule section 222.43 for
details.)
Note: Quiet Zones established by comparison to the NSRT are subject to
annual FRA review. (Refer to rule section 222.51 for details.)
Note: Periodic updates, including updated USDOT Grade Crossing Inventory
Forms, must be submitted to FRA every 2.5-3 years. (Refer to rule section
222.47 for details.)
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.
Page 47 of 74
Agenda Item #3.
Section III. Creating a New Quiet Zone Using SSMs (Chart 2)
1. Select the crossings to be included in the New Quiet Zone.
2. A Quiet Zone may include highway-rail grade crossings on a segment of rail line
crossing more than one political jurisdiction, or there may be roads within a
particular area that are the responsibility of different entities (State or county
roads within a town, for example). If the selected crossings are the responsibility
of more than one entity, obtain the cooperation of all relevant jurisdictions.
3. A New Quiet Zone must be at least '/z mile in length along the railroad tracks.
4. A New Quiet Zone must have, at a minimum, flashing lights and gates in place at
each public crossing. These must be equipped with constant warning time
devices where reasonably practical, and power out indicators. Any necessary
upgrades must be completed before calculating risk for the quiet zone.
5. Are there any private crossings within the proposed Quiet Zone? If any private
crossings allow access to the public or provide access to active industrial or
commercial sites,you must conduct a diagnostic team review of those crossings.
Following the diagnostic review, you must comply with the diagnostic team's
recommendations concerning those crossings.
6. Update the USDOT Grade Crossing Inventory Form to reflect conditions at each
public and private crossing; this update should be complete, accurate, and dated
within 6 months prior to the Quiet Zone implementation 3. For instructions on
how to complete the update, see the FRA website at
http://www.fra.dot.gov/Content3.asp?P=801.
7. Using the FRA's Quiet Zone Calculator, a web-based tool that can be found at
http://safetydata.fra.dot.gov/quiet/, determine whether the Quiet Zone Risk Index
(QZRI) of the proposed Quiet Zone is less than or equal to the Nationwide
Significant Risk Threshold(NSRT). If the QZRI is less than or equal to the
NSRT, you can establish the Quiet Zone through public authority designation by
completing the following steps:
a. Install required signage at each crossing. (Refer to rule sections 222.25
and 222.35 for details.)
b. Notify the parties listed in the rule. (Refer to rule section 222.43 for
details.)
3 For New Quiet Zones,the baseline conditions for calculating risk require that the minimum required
traffic control devices are in place. This first Inventory update,therefore,must be completed after the
gates, lights,and signs are in place,but before the SSMs and other measures are implemented.
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.
Page 48 of 74
Agenda Item #3.
Note: Quiet Zones established by comparison to the NSRT are subject to
annual FRA review. (Refer to rule section 222.51 for details.)
Note: Periodic updates, including updated USDOT Grade Crossing Inventory
Forms, must be submitted to FRA every 2.5-3 years. (Refer to rule section
222.47 for details.)
8. The step described above involves qualifying a quiet zone without implementing
any Supplementary Safety Measures (SSMs) or Alternative Safety Measures
(ASMs). If FRA's Quiet Zone Calculator indicates that the proposed quiet zone
will not qualify on that basis, install any measures that are needed. To qualify for
Public Authority Designation, you must implement SSMs,build grade
separations, close crossings, or install wayside horns.
Note: If you would like to implement any ASMs, their use must be approved
in advance by FRA, in accordance with Appendix B of the rule. For guidance on
ASM use, see Section IV, Creating Quiet Zones using Engineering Alternative
Safety Measures (modified SSMs) or Section V, Creating Quiet Zones using Non-
engineering Alternative Safety Measures.
9. If every public crossing in the proposed Quiet Zone is equipped with one or more
SSMs,you can establish the Quiet Zone through public authority designation by
completing the following steps:
a. Install required signage at each crossing. (Refer to rule sections 222.25
and 222.35 for details.)
b. Update the National Grade Crossing Inventory to reflect current
conditions at each public and private crossing within the Quiet Zone.
c. Notify the parties listed in the rule. (Refer to rule section 222.43 for
details.)
Note: Periodic updates, including updated USDOT Grade Crossing Inventory
Forms, must be submitted to FRA every 4.5-5 years. (Refer to rule section
222.47 for details.)
10. If every public crossing is not equipped with an SSM, use FRA's Quiet Zone
Calculator to determine whether enough SSMs have been implemented to reduce
the QZRI to the level of risk that would exist if the train horns were still sounded
(RIWH). The Quiet Zone Calculator can be found at
http://safetydata.fra.dot.gov/quiet/. If the QZRI is less than or equal to the RIWH,
you can establish the Quiet Zone through public authority designation by
completing the following steps:
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.
Page 49 of 74
Agenda Item #3.
a. Install required signage at each crossing. (Refer to rule sections 222.25 and
222.35 for details.)
b. Update the National Grade Crossing Inventory to reflect current conditions at
each public and private crossing within the Quiet Zone.
c. Notify the parties listed in the rule. (Refer to rule section 222.43 for details.)
Note: Periodic updates, including updated USDOT Grade Crossing Inventory
Forms, must be submitted to FRA every 2.5-3 years. (Refer to rile section
222.47 for details.)
11. Use FRA's Quiet Zone Calculator to determine whether enough SSMs have been
implemented to reduce the QZRI to the Nationwide Significant Risk Threshold
(NSRT). The Quiet Zone Calculator can be found at
http://safetydata.fra.dot.gov/quiet/. If the QZRI is less than or equal to the current
NSRT,you can establish the Quiet Zone through public authority designation by
completing the following steps:
a. Install required signage at each crossing. (Refer to rule sections 222.25
and 222.35 for details.)
b. Update the National Grade Crossing Inventory to reflect current
conditions at each public and private crossing within the Quiet Zone.
c. Notify the parties listed in the rule. (Refer to rule section 222.43 for
details.)
Note: Quiet Zones established by comparison to the NSRT are subject to
annual FRA review. (Refer to rule section 222.51 for details.)
Note: Periodic updates, including updated USDOT Grade Crossing Inventory
Forms, must be submitted to FRA every 2.5-3 years. (Refer to rule section
222.47 for details.)
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.
Page 50 of 74
Agenda Item #3.
Chart 1A - Pre-Rule Quiet Zones:
Qualifying for Automatic Approval
no
ntify Crossin Are all xings Yes Any xings to Yes Z— 1/2 mile no
Pre-Rule. remove? long?
no yes
A Pre-Rule crossing is one qualified as
at which train horns were Pre-Rule
silenced as of October 9, 1996, Obtain cooperation
and on December 18,2003. of all affected
jurisdictions Go to
Chart 2
Update National
Inventory to reflect
existing conditions
within 6 months prior
to implementation
SSM at every Yes a' =December
rties by Install signage by Send FRA an affirmation
public xing? `4� 18,2004 December 18,2006 and updated Inventory form
every 4.5-5 years
no
yes �27 Notify Parties by Install signage by Send FRA an affirmation
QZRI <NSRT ~ and updated Inventory form
December 18,2004 December 18,2006
every 2.5-3 years
no
QZs established on this
basis subject to annual
review
NSRT<QZR yes Any relevant no �,�� �D#cember
#8,2004�
Install signage by
<2*NSRT collisions? � December 18,2006
a
no yes
Send FRA an affirmation
and updated Inventory form
IF
every 2.5-3 years
Not qualified for
utomatic Approval
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.
Page 51 of 74
Agenda Item #3. Chart 1 B - Pre-Rule Quiet Zones:
Not Qualified for Automatic Approval
from Notify Parties prior to
Char December 18,2004 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.
File detailed plan
with FRA,and
install signage by
1 211 812 0 0 6
no Install SSMs and/or
upgrade traffic If the State is involved in developing quiet zones,
ontrol device the deadline is extended until 12/18/2011.
yes
SSMs at ever es Complete � Update National
public xing? improvements ro~ Inventory Notify Parties
by 12/18/2008 a�
no Send affirmation and updated
inventory form to FRA every
4.5-5 yrs
<QZRI<RIWH? yes Comete i prrovement `F_* nvento
Update National Notify Parties
by 12/18/2008 a47 I
no drf" mation and updated
inventory form to FRA every 1
2.5-3 yrs /J
If the State is involved in developing quiet zones,
QZRI<NSRT? yeS the deadline is extended until 12/18/2011.
no
ASM use
requires FRA QZs established on this
approval basis subject to annual
review
q1
Page 52 of 74
Agenda Item #3.
Chart 2 - Creating a New Quiet Zone using SSMs
Obtain QZ must be at Install gates and
Cfori'nclu�sii
ossings cooperation from least 1/2 mile lights at all public
all affected long crossings
jurisdictions
Pvt Conduct
xings with public, Comply with
industrial,or yes diagnostic team diagnostic team's
commercial access review of pvt recommendations
included? xings
no
Update National
Inventory to reflect
existing conditions QZs established on this
within 6 months basis subject to annual
prior to notification review
yes tiV Notify Parties, silence end affirmation and update
QZRI <NSRT? ti� horns,and install signage inventory form to FRA eve
a�� at all crossin s 2.5-3 yrs
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
Notify Parties, silence d affirmation and updated
SSMs at every'-,, yes
Q���� Update National horns,and install signage inventory form to FRA every
public xing? o� Inventory at all crossin s 4.5-5 yrs
/
no
yes �� Update National Notify Parties, silence
QZRI <RIWH? a�� Inventory horns,and install signage
at all crossin s
no
Send affirmation and updated\
inventory form to FRA every
mob' 2.5-3 yrs
QZRI <NSRT? Yes N
C
�I
Ws established on this
basis subject to annual
no review
ASM use
requires FRA
approval
Page 53 of 74
Agenda .3A - Creating a Quiet Zone using Engineering ASMs
(Modified SSMs)
from
Charts 1 B, t
no
Strongly advised Determine Ws established on this
to consult FRA effectiveness of basis subject to annual
proposed review
odified SSM
Proposed no Proposed no
QZRI <RIWH? QZRI <NSRT?
yes yes
Apply to FRA,
include
analysis and
data
no
FRA approved? Not qualified
yes
Install SSMs,
modified SSMs
Qualified
Update National
I nventory
Notify Parties, silence
horns,and install signage
at all crossin s
=inventory
tion and updated
FRA every 2.5 3DYrs
D
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"�G954tV 74
interim final rule shall govern. �
Agenda Item #3.
Chart 36: Creating a Quiet Zone using Non-engineering ASMs
Develop plan for onduct field stud
From Conduct field study to monitor change
implementation Implement
Chart 3 and monitoring of to obtain baseline ASM in violation rate
ASM program violation rate (initial Violation
Rate)
Strongly advised Determine
to consult with FRA ASM's
effectiveness
Make
improvements;
install SSMs,
modified SSMs
yes QZRI<RIWH
no
yes QZRI<NSRT no
Ws established on this
Apply to FRA, basis subject to annual
include review
analysis and
data
yes Complete installation of ,b Update National Notify Parties, silence
FRA approved? ti� horns,and install signage
SSM's,engineering ASMs �ro Inventory
a at all crossin s
no
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.
Page 55 of 74
Agenda Item #3.
List of Crossings within Quiet Zone
Submit to all Parties
Quiet Zone Name:
The following crossings are included in the above named Quiet Zone:
USD T Cr ssing ID Street or Highway Name
Number
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.
Page 56 of 74
Agenda Item #3.
Basis for Continuation of a Pre-Rule Quiet Zone:
Submit to all Parties
Quiet Zone Name:
This quiet zone is being continued in compliance with the following (check all that
apply): r—❑ §222.41(a)Pre-Rule Quiet Zones that qualify fo automatic
approval because
❑ e ry crolsin4s eq ipped Jith n SSM
JQ I<NSRT, or
❑ NS T < RI 2* SRT, nd t ere ha e be n no elevant
col isions ith' the 5 years rec ling cem er 1 2003
❑ §222.4 (b Pre-R le iet ones t t do of qu lify for aut matic
appr al
Note: et Zone to ishe m Accor Ance with ' 2.41(b can be intained
under that provision for an interim period only. Cc ntinuation of the quiet zone
beyond the interim period will require implements 'on of SSMs or ASMs in
accordance with the section of the rule governing c stablishment of a New Quiet
Zone (§222.49).
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.
Page 57 of 74
Agenda Item #3.
FRA Quiet Zone Calculator Pages
Submit to all Parties
If the Quiet Zone is being continued under §222.41(a), Pre-Rule Quiet Zones
which qualify for automatic approval, the notification to the parties must also
include a copy of the FRA web page containing the quiet zone data upon which the
public authority relies.
The Qu* Zone Calculator can be found at: http://safetydata.fra.dot.gov/quiet/
I � I
V
J J J
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.
Page 58 of 74
Agenda Item #3.
Certificate of Service (submit one for each party notified)
Submit to all Parties including FRA
Quiet Zone Name:
Notice of the establishment or continuation of this Quiet Zone was provided to the
following:
>
Name:
Title:
Organizati n:
Address:
Notification ethod:
J J J J
Notification Date:
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.
Page 59 of 74
Agenda Item #3.
Grade Crossing Inventory Form (Initial)
Submit to FRA Associate Administrator, Office of Safety
Submit an accurate and complete Grade Crossing Inventory Form for each public
and private crossing within the quiet zone, dated within six months prior to
notification of the quiet zone. This form should reflect conditions prior to
implementation of SSMs and ASMs.
Copies of th Grade Crossing Inventory Form FRA 6180.71 car be downloaded
from the FR web site at
http://s ty ta.fra.dot.gov/offrceofsafety/Forms/Default.asp.
J� J J J
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.
Page 60 of 74
Agenda Item #3.
Grade Crossing Inventory Form Reflecting Improvements
Submit to FRA Associate Administrator, Office of Safety
Submit an additional accurate and complete Grade Crossing Inventory Form for
each public and private crossing within the quiet zone, reflecting the improvements
implemented within the Quiet Zone.
Copies oft e Grade Crossing Inventory Form FRA 6180.71 be downloaded
from the F web site at
http /safety ata.fra.dot.gov/officeofsafety/Fonns/Default.asp.
J J J
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.
Page 61 of 74
Agenda Item #3.
Point of Contact Information
Submit to FRA Associate Administrator, Office of Safety
Quiet Zone Name:
Date:
The followi individual is responsible for monitoring complia ice with §222:
Name:
Title:
Organization:
Addre
P )_J
Phone.
Fax:
Email:
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.
Page 62 of 74
Agenda Item #3.
Chief Executive Officer Statement
Submit to FRA Associate Administrator, Office of Safety
Quiet Zone
Designation:
I hereby ce 'fy that responsible officers of the public authority Df which I am the
Chief Execu ive Officer have reviewed documentation prepare by or for the FRA,
filed in oc t No. FRA-1999-6439, sufficient to make an infomed decision
regardi g th advisability of establishing the quiet zone.
I � I
V
Signat e Nat
JJ
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.
Page 63 of 74
Agenda Item #3.
Pre-Rule Quiet Zone Notification Checklist
Be sure to include the following information when providing notification of the
continuation of a pre-rule quiet zone. Notifications must be sent by certified mail,
return receipt requested.
All parties, including FRA, must receive:
❑ List of Crossings within Quiet Zone
❑ Basis for Continuation of a Pre-Rule Quiet Zone
❑ FRA Quiet Zone Calculator Page if quiet zone qualifies for automatic
roval under §222.41(a)
❑ Cert icate of Service (submit one for each party notlfie )
FRA m st o receive the follo in :
❑ Gr de Crossing I ventoi Foi (I 'tial)
❑ Grad Cross' g I entfa
or Re ecting pr veme is (w en
appli able)
❑ Point f Contact I forn
❑ Chief xecu e fficte ent
Notification houldJi
b m 'ledat th following dress:
ociate ' trat f
Federal Railroad Administration
1120 Vermont Avenue, NW
Washington, DC 20590
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.
Page 64 of 74
Agenda Item #3.
Pre-Rule Quiet Zone Notification Checklist
Be sure to include the following information when providing notification of the
continuation of a pre-rule quiet zone. Notifications must be sent by certified mail,
return receipt requested.
All parties, including FRA, must receive:
❑ List of Crossings within Quiet Zone
❑ Basis for Continuation of a Pre-Rule Quiet Zone
❑ FRA Quiet Zone Calculator Page if quiet zone qualifies for automatic
approval under §222.41(a)
❑ Certificate of Service (submit one for each party notified)
FRA must also receive the following:
❑ . Gra e Crossing Inventory Form(Initial)
❑ Gra e Crossing Inventory Form Reflecting Improveme is (when
appli able)
❑ int of Contact Information
❑ hie Executive Officer Statement
Notifica on should be iled to�F at t e follo+g ddress:
As ociate Admin trator for S fety
Fed al Railr d dministration
JWashngton,
e o t A nue,
DC 0590
J J J J J
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.
Page 65 of 74
Agenda Item #3.
New Quiet Zone Notification'
Parties to be notified
Once a public authority has successfully established a quiet zone either through
public authority designation or through FRA approval, it must provide written
notice to several patties. These parties include the following:
❑ All railroads operating over the public highway-rail grade crossings
within the quiet zone,
❑ The highway or traffic control authority, or the law enforcement
authority with jurisdiction over motor vehicle traffic at the quiet zone
crossings,
❑ Landowners with control over any private crossings within the quiet
zone,
❑ The State agency responsible for highway and road safety, and
❑ The FRA Associate Administrator.
All notices must be provided by certified mail, return receipt requested.
Deadlines
The notice sent to the above parties must designate a specific date on which the
routine sounding of horns at crossings within the quiet zone shall cease. On no
account shall this date be earlier than 21 days after the mailing of this written
notification.
' This collection of information will be used by FRA to increase safety at highway-
rail grade crossings. Public reporting burden is estimated to average five (5)hours
per response for notifications, and thirty-five (35)hours per response for the
certification, including the time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and reviewing
the collection of information. Please note that an agency may not conduct or
sponsor, and a person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number. The OMB control
number for this collection of information is 2130-0560.
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.
Page 66 of 74
Agenda Item #3.
Notification contents
❑ The notice must unambiguously state which crossings will be contained
within the quiet zone. Each public and private crossing must be
identified by both the U.S. DOT National Highway-Rail Grade
Crossing Inventory number and the street or highway name.
❑ The notification must also clearly cite the regulatory provision that
provides the basis for establishing the quiet zone. For a new quiet
zone, one of the following provisions should apply:
• §222.39(a)(1), implementation of SSMs at every public crossing in
the quiet zone;
• §222.39(a)(2)(1), the QZRI is at or below the NSRT without
installation of any SSMs;
• §222.39(a)(2)(ii), SSMs were implemented at some crossings to
bring the QZRI to a level at or below the NSRT;
• §222.39(a)(3), SSMs were implemented at some crossings to bring
the QZRI to a level at or below the RIWH; or
• §222.39(b),public authority application to the FRA.
❑ If the quiet zone is established on the basis of§222.39(a)(1), (2), or (3),
the notification must include a copy of the FRA web page containing
the quiet zone data upon which the public authority is relying.
❑ If the quiet zone is being established on the basis of§ 222.39(b) (public
authority application to the FRA), the notification must include a copy
of the FRA's notification of approval.
❑ All notifications must contain a certificate of service. This certificate
of service shall show to whom the notice was provided, and by what
means the notice was provided.
Additional information that must be submitted to FRA
The items listed above must be submitted to each of the parties listed in the section
labeled"Parties to be notified". Public authorities are also required to submit the
following information in their submission to FRA:
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.
Page 67 of 74
Agenda Item #3.
❑ An accurate and complete Grade Crossing Inventory Form for each
public and private crossing within the quiet zone, dated within six
months prior to designation or FRA approval of the quiet zone;
❑ An accurate, complete, and current Grade Crossing Inventory Form
reflecting the SSMs and ASMs implemented within the quiet zone.
(SSMs and ASMs that cannot be fully described on the Inventory Form
must be described separately);
❑ 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;
❑ A list of all parties notified in accordance with the rule; and
❑ A statement signed by the Chief Executive Officer (CEO) of each
public authority establishing the quiet zone. In the CEO's statement, he
or she must certify that responsible officials of the public authority
have reviewed the documentation prepared by or for the FRA, and filed
in Docket No. FRA-1999-6439, sufficient to make an informed
decision regarding the advisability of establishing the quiet zone.
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.
Page 68 of 74
Agenda Item #3.
Pre-Rule Quiet Zone Notification'
Parties to be notified
A public authority that wants to continue silencing the locomotive horn at grade
crossings within a Pre-Rule Quiet Zone must provide written notice to several
parties. These parties include the following:
❑ All railroads operating over the public highway-rail grade crossing
within the quiet zone,
❑ The highway or traffic control authority, or the law enforcement
authority with jurisdiction over motor vehicle traffic at the quiet zone
crossings,
❑ Landowners with control over any private crossings within the quiet
zone,
❑ The State agency responsible for highway and road safety, and
❑ The FRA Associate Administrator.
All notices must be provided by certified mail, return receipt requested.
Deadlines
Notice of the continuation of a Pre-Rule Quiet Zone must be served no later than
December 18, 2004.
1 This collection of information will be used by FRA to increase safety at highway-
rail grade crossings. Public reporting burden is estimated to average five (5) hours
per response for notifications, and thirty-five (35)hours per response for the
certification, including the time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and reviewing
the collection of information. Please note that an agency may not conduct or
sponsor, and a person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number. The OMB control
number for this collection of information is 2130-0560.
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.
Page 69 of 74
Agenda Item #3.
Notification contents
❑ The notice must unambiguously state which crossings are contained
within the quiet zone. All public 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 continuing the Quiet Zone.
Note: The continuation of Pre-Rule Quiet Zones that qualify for
automatic approval is governed by § 222.41(a). All other Pre-Rule
Quiet Zones are governed by § 222.41(b).
❑ The notification must also include an explanation as to how the quiet
zone is in compliance with § 222.41.
❑ If the quiet zone is being continued on the basis of§222.41(a)
(automatic approval), the notification must include a copy of the FRA
web page containing the quiet zone data upon which the public
authority is relying.
❑ All notifications must contain a certificate of service. This certificate
of service shall show to whom the notice was provided, and by what
means the notice was provided.
Additional information that must be submitted to FRA
The items listed above must be submitted to each of the parties listed in the section
labeled"Parties to be notified". Public authorities are also required to submit the
following information in their submission to FRA:
❑ An accurate and complete Grade Crossing Inventory Form for each
public and private crossing within the quiet zone, dated within six
months prior to designation of the quiet zone;
❑ An accurate, complete, and current Grade Crossing Inventory Form
reflecting the SSMs and ASMs implemented within the quiet zone;
❑ 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
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.
Page 70 of 74
Agenda Item #3.
information should include his/her business address, telephone number,
fax number, and email address;
❑ A list of all parties notified in 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
or she must certify that responsible officials of the public authority
have reviewed the documentation prepared by or for the FRA, and filed
in Docket No. FREA-1999-6439, sufficient to make an informed
decision regarding the advisability of establishing the quiet zone.
Note: Pre-Rule Quiet Zones that do not qualify for automatic approval can only be
maintained for an interim period. Continuation of the quiet zone beyond the
interim period will require submission of a detailed plan, as well as
implementation of SSMs or ASMs in accordance with section 222.39. Please refer
to sections 222.39 and 222.41 for more information.
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.
Page 71 of 74
Agenda Item #3.
0 DAVIS &
MEASSOCIATESX.A.
Esq.
Assistant Village Attorney
Email:
NOTICE OF INTENT TO ESTABLISH QUIET ZONE
TO: Applicable Parties
FROM: Village of Tequesta, Village Attorney
DATE: , 2024
RE: Village of Tequesta Quiet Zone Notice of Intent
This letter serves as notification under CFR 49 222.43 that the Village of Tequesta, Florida
intends to create a new quiet zone under section CFR 49 222.39.
Section 1. Public, Private, and Pedestrian Grade Crossings Within The Quiet Zone
• Rail crossing located along Tequesta Drive and between N Old Dixie Highway and S
Cypress Drive.
Section 2. Proposed Quiet Zone Time Period
• 24hrs
Section 3. Existing Supplementary Safety Measures (SSM) & Alternative Safety Measures
(ASM) at Site
• [List of existing SSM & ASM at Site].
Section 4. Explanation of Public Authorities Plans for Implementing Improvements Within
Proposed Quiet Zone
• [Explanation of Authorities plan for implementing improvements within proposed quiet
zone]
Section 5. Contact Person
• Doug Chambers
Director of Public Works, Village of Tequesta
701 Northpoint Parkway, Suite 205,West Palm Beach,FL 33407 1 p 561-586-7116 f 561-586-9611
www.davislaw team.eom
♦LEADING ATTORNEYS IN LOCAL GOVERNMENT LAW AND ETHICS
Page 72 of 74
Agenda Item #3.
June_,2022
VOT Notice of Intent to Establish Quiet Zone
136 Bridge Road Tequesta, Florida 33469
561-768-0483
Service List Via Certified Mail To:
[All railroads operating over the public highway-rail grade crossing within the quiet zone],
[Florida Department of Transportation], [Florida Highway Safety and Motor Vehicles]
Notice: A party receiving this notice of intent may submit information or comments about the
proposed quiet zone to the public authority within 60 days after the date on which this notice was
mailed. 49 CFR 222.43(b)(3).
2
Page 73 of 74
Agenda Item #3.
RESOLUTION' NO. 14-24
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, DECLARING ITS INTENT' TO ESTABLISH A
QUIET ZONE PURSUANT TO 49 CFR 222.43 FOR THE RAIL CROSSING
LOCATED ALONG TEQUESTA DRIVE AND LYING IN BETWEEN N' OLD
DIXIE HIGHWAY AND S CYPRESS DRIVE;. PROVIDING AN EFFECTIVE
DATE;. AND FOR OTHER PURPOSES.
WHEREAS, the Village of Tequesta is a "public authority"' for purposes of 49 CFR
222.43(1); and'
WHEREAS, the Village of Tequesta, FL has determined' that a quiet zone
established at the rail crossing along. Tequesta Drive and lying in-between NI Old' Dixie
Highway and S Cypress Drive and' has found establishing such a zone is in the best
interests of the Village of Tequesta, and will generally promote the public health, safety, and
welfare.; and
WHEREAS, the Village is required)to issue a Notice of Intent to create a quiet zone
and to follow the applicable procedures within 49 CFR 222.43;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
SECTION 1. The attached notice of intent to establish a quiet zone for the rail crossing
located) along Tequesta Drive and lying between N Old' Dixie Highway and
S Cypress Drive is approved and authorized) to be transmitted to required
parties.
PASSED AND ADOPTED by the Village Council of the Village of Tequesta this day
of , 2024
Page 74 of 74