HomeMy WebLinkAbout2004-10-26; City Council; 17857; Citizen Presentation by Max RabiiExhibit 1
Max Rabii
Property Owner
Carlsbad, CA
September 3,2004
Raymond R. Patchett
City Manager
1200 Carlsbad Village Drive
CarIsbad, CA 92008-1989
Dear City Manager Patchett:
On behalf of the homeowners and residents of the Chestnut Street area, I respectfully
request time on the Carlsbad City Council agenda to discuss the impact of the train horns
safe pedestrian crossing in our neighborhood.
Sincerely,
Max Rabii
Property Owner
Carlsbad, CA
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Chart 'IA - Pre-Rule Quiet Zones:
Qualifying for Automatic Approval
I no
A Pre-Rule crossing is one
at which train horns were
silenced as of October 9. 1996.
and on December 18, 2003
,
~~
Obtain cooperation
of all affected ,
Inventory to reflect
existing conditions
within 6 months prior
~
public Xing? +( Install signage by\\ { December 18. 2006 1
[Notify Parties by'
aDecember 18, 200r
. - . QZs established on this1 . -basis subject to annual
review
/
1 I
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-*
\ Install signage by '
i I- yes
c
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.
Chart IB - Pre-Rule Quiet Zones:
Not Qualified for Automatic Approval
1 /Notify Parties prior td\
b\ December 18, 2004 1 _.--I-
i File detailed plan '$,
with FRA, and
(IZ78;06,,) install signage by
Disclaimer: This summary of the interim final rule is for informatiorial 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
If the State is involved in developing quiet zones.
the deadline is extended until 131 8/2011
%.
ASM use requires FRA QZs established on this
basis subject to annual
review ~- ~
Chart 2 - Creating a New Quiet Zone using SSMs
. \ Obtain
cooperation from
all affected crossings J junsdictions /'
\ industrial. or
commercial access
' Conauct \/ diagnostic team with L review of pvt
\ xings
Inventory to reflect
existing conditions QZs established on this
within 6 months , basis subject to annual
review
~
V
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.
Inventory
.. , ASM use
\ approval ' requires FRA i--- b
~~ ~-
QZs established on this
basis subject to annual
review
Chart 3A - Creating a Quiet Zone using Engineering ASMs
(Modified SSMs)
Strongly advised
to consult FRA
Only SSMs or
used?/
i effectiveness of
proposed
modified SSMY'
~~
QZs established on this
.basis subject to annual
review
FRA approved? , 0 no
Install SSMs,
modified SSMs ,
Qualdned
Update National
( horns, and install signnge \ at all crossings J I
I v
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.
Chart 3B: Creating a Quiet Zone using Non-engineering
n -,
Develop plan for tonduct field study\ to monitor change ' implementation -~
,dnduct field stud
to obtain baseline ~-4 ~-
I violation rate ' 7 and rnonitonng Of ' ASM program \/' uj
Strongly advised
to consult with FRA
r-- I
+---
Yes
~
improvements:
QZRI 5 RlWH
yes 6
ASMs
QZs established on this , '
basis subject to annual
review
a t hpdate Nations?,
L 'cr" . otify Parties, silence
-gms, and install signa>)
"., at all crossings ,/ i *
Disclaimer: This summaty of the intenrn final rule is for informational purposes only. Entities subject to the interim final rule should refer to the rule tex
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 :he
interim final rule !;hall govern.
List of Crossings within Quiet Zone
Submit to all Parties
Quiet Zone Name:
The following crossings are included in the above named Quiet Zone:
-4 1
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.
1
A
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): \
$222.41 (a) Pre-Rule Quiet Zones that qualifL fo automatic f mmrnvri 1 hpraiicc I
CUI ISIUUS ~mlp mep years preceping yecember lq LUU~ I
J
under that provision for an interim period only. C tinuation of the quiet zone
beyond the interim period will require implementa on of SSMs or ASMs in
accordance with the section of the rule governing tablishment of a New Quiet
Note: @&t Zones
<one ($222.49). t II
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.
FRA Quiet Zone Calculator Pages
Submit to all Parties
If the Quiet Zone is being continued under 5222.41 (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 Quiet.Zone Calculator can be found at: http://safetydata.fra.dot.gov/quiet/
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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.
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:
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.
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.
Crossing Inventory Form FRA 61 80.71ca
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be downloaded
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.
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.
Grade Crossing Inventory Form FRA 6180.71ca
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be downloaded
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.
Point of Contact Information
Submit to FRA Associate Administrator, Office of Safety
Fax:
Email: -
Quiet Zone Name:
Date:
. .. .- .%.
The followi+ individual is responsible for monitoring complii ice with $222:
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.
Chief Executive Officer Statement
Submit to FRA Associate Administrator, Office of Safety
Quiet Zone
Designation:
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.
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:
o List of Crossings within Quiet Zone
o Basis for Continuation of a Pre-Rule Quiet Zone
o FRA Quiet Zone Calculator Page if quiet zone qualifies for automatic
approval under §222.41(a)
Federal Railroad Administration
1 120 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.
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:
o List of Crossings within Quiet Zone
o Basis for Continuation of a Pre-Rule Quiet Zone
Q FRA Quiet Zone Calculator Page if quiet zone qualifies for automatic
approval under 9222.4 1 (a)
Certificate of Service (submit one for each party notified)
FRA must also receive the following: Crossing Inventory Form (Initial) *.
Crossing Inventory Form Reflecting Improveme
Information
Officer Statement
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I
s (when
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.
New Quiet Zone
Parties to be notified
Not if icat ion'
Once a public authority has successhlly established a quiet zone either through
public authority designation or through FRA approval, it must provide written
notice to several parties. These parties include the following:
0
0
0
0
0
A11 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 2 1 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 infomation 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.
Notification con tents
a
0
a
a
0
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:
0
-
-
§222.39(a)( 1), implementation of SSMs at every public crossing in
the quiet zone;
§222.39(a)(2)(i), the QZRI is at or below the NSRT without
installation of any SSMs;
0
0 §222.39(a)(2)(ii), SSMs were implemented at some crossings to
bring the QZRI to a level at or below the NSRT;
0 §222.39(a)(3), SSMs were implemented at some crossings to bring
the QZRI to a level at or below the RIWH; or
0 §222.39(b), public authority application to the FRA.
If the quiet zone is established on the basis of §222.39(a)( l), (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 6 222.39(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.
0 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;
0 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);
0 The name and title of the person responsible for monitoring compliance
with the requirements of the rule and hisher contact information. In
addition to the person’s name, title, and organization, contact
information should include hisher business address, telephone number,
fax number, and email address;
0 A list of all parties notified in accordance with the rule; and
0 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 certifL that responsible officials of the public authority
have reviewed the documentation prepared by or for the FRAY 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.
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 incIude the following:
a
0
a
a
a
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 trafic 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.
' 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 2 130-0560.
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 partion of this summary conflict with
the interim final rule, the language of the interim final rule shall govern.
Notification contents
0 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.
0 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 6 222.41(a). All other Pre-Rule
Quiet Zones are governed by 6 222.41(b).
o The notification must also include an explanation as to how the quiet
zone is in compliance with 0 222.4 1.
0 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.
0 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 FR4:
0 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;
n An accurate, complete, and current Grade Crossing Inventory Form
reflecting the SSMs and ASMs implemented within the quiet zone;
0 The name and title of the person responsible for monitoring compliance
with the requirements of the rule and hisher 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.
information should include hisher business address, telephone number,
fax number, and email address;
0 A list of all parties notified in accordance with the rule; and
0 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 qualifjl 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.
I
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.
[Federal Register: February 13,2004 (Volume 69, Number 3O)J
[Rules and Regulations]
[Page 71691
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:frl3fe04-19]
DEPARTMENT OF TUNSPORTATION
Federal Railroad Administration
49 CFR Parts 222 and 229
[Docket No. FRA-1999-6439, Notice No. 121
RIN 2130-AA71
Use of Locomotive Horns at Highway-Rail Grade Crossings
AGENCY: Federal Railroad Administration (FRA), Department of Transportation (DOT).
ACTION: Interim final rule; extension of comment period.
SUMMARY: On December 18,2003, FR4 published an Interim Final Rule (IFR) in the Federal
Register (68 FR 70585) addressing the use of locomotive horns at highway-rail grade crossings. As
FRA is interested in receiving public comments on all aspects of the IFR, FRA held a public hearing in
Washington, DC on February 4,2004. FR4 has, however, received a number of requests to extend the
comment period to give interested parties additional time to review, analyze, and submit comments on
the IFR. After considering these requests, FRA has decided to extend the comment period until April
19,2004. This notice announces the extension of the comment period.
DATES: Written Comments: Comments must be received by April 19,2004. Comments received
after that date will be considered to the extent possible without incurring additional expense or delay.
ADDRESSES: You may submit comments identified by DOT DMS Docket Number FRA-1999-6439
by any of the following methods:
Web site: httu://dms.dot.sov. Follow the instructions for submitting comments to the DOT
electronic docket Web site.
Fax: Comments may be faxed to the following number: 1-202-493-225 1.
Mail: Comments may be mailed to the Docket Management Facility at the U.S. Department of
Transportation, 400 Seventh Street, S W., Nassif Building, Room PL-40 1 , Washington,-DC
Hand Delivery: Hand deliver comments to Room PL-40 1 on the plaza level of the Nassif
Building, which is located at 400 Seventh Street, SW., Washington, DC between 9 a.m. and 5
Pam., Monday through Friday, except Federal holidays.
instructions for submitting comments.
20590-00 1.
a
a Federal e-Rulemaking Portal: Go to http://www.remlations.gov. Follow the online
Instructions: All submissions must include the agency name and docket name and docket number or
Regulatory Identification Number (RIN) for this rulemaking. Note that all comments received will be
posted without change to httu://dms.dot.gov, including any personal information provided.
Docket: For access to the docket to read background documents or comments received, go to
http://dms.dot.g.ov at any time or to Room PL-401 on the plaza level of the Nassif Building, 400
Seventh Street, SW., Washington, DC between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Ron Ries, Office of Safety, FRA, 1120
Vermont Avenue, NW., Washington, DC 20590 (telephone 202-493-6299); or
Kathryn Shelton, Office of Chief Counsel, FRA, 1120 Vermont Avenue,
NW., Washington, DC 20590 (telephone 202-493-6038).
Issued in Washington, DC, on February 9,2004.
Allan Rutter,
Administrator.
[FR Doc. 04-3 181 Filed 2-12-04; 8:45 am]
BILLING CODE 491 0-06-P
THE “TRAIN HORN” RULE
Quick Facts
Fulfills the statutory mandate to require use of the locomotive horn at public highway-rail
crossings. By law, the rule may not go into effect until one year after publication (Dec.
18,2004), at which time state laws governing the same subject matter will be preempted.
Provides important risk-based exceptions so that many communities can establish or
maintain quiet zones without making significant investments.
Provides flexibility to select “supplementary” and “alternative” safety measures that can
compensate for loss of the train horn. Communities may propose adaptations of the
engineering solutions along with effectiveness estimates.
Outside of quiet zones, requires railroad to sound horn 15-20 seconds prior to arrival at
the crossing, rather than for 114 mile regardless of speed. The rule prescribes both a
minimum and maximum sound level for the train horn. Overall effect: less noise.
New Quiet Zones may be created if:
All public crossings are equipped with flashing lights and gates; and either-
b After adjusting for increased risk created by silencing the train horn, the average
risk at the crossings is less than the national average for gated crossings where the
train horn sounds (National Significant Risk Threshold or “NSRT”); or
t Safety improvements are made that reduce the risk to a level either less than the
NSRT or a level that compensates for loss of the train horn as a warning device.
Existing “whistle bans” can be converted to quiet zones (Pre-Rule Quiet Zones) if:
t The average risk at the crossings is less than NSRT; or
t The average risk is less than twice the NSRT and no relevant collisions have
occurred within the past 5 years; or
* The community undertakes actions to compensate for lack of the train horn as a
warning device (or at least to reduce average risk to below the NSRT).
Train horns will not sound in existing whistle ban areas if authorities state their intention
to maintain Pre-Rule Quiet Zones and do whatever is required (see above) within Syears
of publication (8yeurs if the State agency provides at least some assistance to
communities in that State).
Permits automated wayside horns as a substitute for the locomotive horn at crossings
equipped with flashing lights and gates upon receiving approval from FHWA.
This Interim Final Rule will be published Dec. 18,2003; and FRA will take comments through
Feb. 17,2004. More information is available at httD://m,fra.dot.gov.
Disclaimer: This is a short summaty of the interim final rule for initial briefing purposes only. Entities subject to
the rule should refer to its text as published in the Federal Regkter on December 18, 2003.
THE “TRAIN HORN’’ RULE
Summary of the Interim Final Rule
1. Overview:
Announcing publication December 18,2003, of the Interim Final Rule on Use of
Locomotive Horns at Highway-Rail Grade Crossings. Purposes:
4 Ensure a high level of public safety;
4 Respond to the many communities that have continued to press for relief from
unwanted horn noise; and
4 Take into consideration the interests of localities with existing whistle bans.
Currently use of the horn at highway-rail crossings is governed by state law and railroad
operating rules. When this rule is effective, it will determine when the horn is sounded at
public crossings (and private crossings within “quiet zones”).
This Interim Final Rule was mandated by law’, and was issued by the Federal Railroad
Administration (FRA) after 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 horn 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 type
of safety improvements implemented (if required).
Horns may continue to be silenced at Pre-Rule Quiet Zones, provided certain actions are
taken.
By law, the rule may not go into effect until December 18,2004.
Because FRA has made numerous important changes in response to public input, FRA
will receive additional comments on this interim final rule. That process should not
delay implementation of the rule.
L. Requirement to sound the locomotive horn:
‘49 U.S.C. 20153.
Disclaimer: This is a summary of the interimjnal rule for initial briefing purposes only. Entities subject to the rule
should refir to the rule text as published in the Federal Register on December 18, 2003.
2
Outside of quiet zones, railroads must sound the horn 15-20 seconds prior to arrival at the
crossing, but not more than 114 mile in advance of the crossing.
Note: Most State Iaws and railroad rules currently require that the horn be
sounded for 114 mile in advance of the crossing. Under the rule, for-trains
running at less than 45 mph, this will reduce the time and distance over
which the horn is sounded. This will reduce noise impacts on the local
community.
0 The pattern for sounding the horn will remain as it currently exists today (two long, one
short, one long repeated or prolonged until the locomotive 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-rail crossings. Railroads
remain free to use the horn for other purposes as prescribed in railroad operating rules on
file with FRA, and railroads must use the horn as specified in other FRA regulations (in
support of roadway worker safety and in the case of malfunctions of highway-rail
warning devices).
The rule prescribes both a minimum and maximum sound level for the train 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 safety needs in their operating territory (see
discussion in the preamble).
0 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 current 4 feet above the roadbed.
Note: The effect of this change will be to permit center-mounted horns to be
“turned down” in some cases. The previous test method was influenced
by the “shadow effect” created by the body of the locomotive to indicate a
lower sound level than would otherwise be expected several hundred feet
in front of the locomotive (where the crossing and approaching motorists
are located 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 summary of the interim final rule for initial briefing purposes only, Entities subject to the rule
should refer to the rule text m published in the Federal Register on December 18, 2003.
3
3. Creation of quiet zones:
e The rule provides significant flexibility to create quiet zones, both where there are
The Interim Final Rule adds a new concept that permits implementation of quiet zones in
existing whistle bans and in other communities, as well.
e
low-risk situations without the necessity to add safety improvements.
J This concept utilizes a risk index approach that estimates expected safety
outcomes (that is, the likelihood of a fatal or non-fatal casualty at a
crossing).
-
J Risk may be averaged over crossings in a proposed quiet zone.
J Average risk within the proposed quiet zone is then compared with the
average risk at gated train horn crossings 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.
e If the risk index for a proposed New Quiet Zone exceeds the NSRT, then supplementary
or alternative safety measures must be used to reduce that risk (to filly compensate for
the absence of the train horn or to reduce risk below the NSRT).
e The interim final rule-
J Retains engineering solutions known as “supplementary safety measures”
for use without FRA approval.
J Adds explicit flexibility for adaptation of “supplementary safety
measures” to receive credit as “alternative safety measures.” For instance,
shorter channelization arrangements can be used with reasonable.
effectiveness estimates.
Disclaimer: This is a summaly of the interim final rule for initial briefing purposes only. Entities subject to the rule
should refer to the rule text as published in the Federal Register on December 18, 2003.
4
J Continues education and enforcement options, including photo
enforcement, subject to verification of effectivenes2
a The public authority responsible for safety and maintenance of the roadway that crosses
the railroad tracks is the oniy entity that can designate or apply for quiet zone status.
a FRA will provide a web-based tool for communities to use in performing “what if’
calculations and preparing submissions. The tool may be found at
httD://www.fra.dot. gov.
a 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 inventory information, and
railroads must cooperate in providing railroad-specific data.
a FRA regional personnel will be available to participate in diagnostic teams evaluating
Once a quiet zone is established (including the continuation of Pre-Rule Quiet Zones
options for quiet zones.
a
pending any required improvements), the railroad is barred from routine sounding of the
horn as a warning at the affected crossings.
a See below for discussion of Pre-Rule Quiet Zones and New Quiet Zones.
’The rule neither approves nor excludes the possibility of relying upon regional education
and enforcement programs with alternative verification strategies. FRA is providing funding in
support of an Illinois Commerce Commission-sponsored regional program. The law provides
authority for use of new techniques when they have been demonstrated to be effective.
Disclaimer: This is a summary of the interim final rule for initial briefing purposes only. Entities subject to the rule
should refer to the rule text as published in the Federal Register on December 18, 2003.
5
Horns may continue to be silenced at Pre-Rule Quiet Zones if-
c3 The average risk at the crossings is less than the NSRT; or
o The average risk is less than twice the NSRT and no relevant collisions
have occurred within the past 5 years; or
o The community undertakes actions to compensate for lack of the train
horn as a warning device (or at least to reduce average risk to below the
NSRT).
Train horns will hot 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 assisfance to communities in that State).
A "Pre-Rule Quiet Zone" is a quiet zone that contains one or more
consecutive grade crossings subject to a whistle ban that has been
actively enforced or observed as of October 9, 1996 and December 18,
2003.
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 risk at the crossings is less than the NSRT; or
Safety improvements are made that will compensate for loss of the train
horn as a warning device (or at least to reduce average risk to below the
NSRT).
Detailed instructions for establishing or requesting recognition of a quiet zone
are provided in the regulation.
Disclaimer: This is a summary of the interim final rule for initial briefing purposes only. Entities subject to the rule
shoufdrefer to the rule text as published in the Federal Register on December I&?, 2003,
6
4. Length of quiet zones:
0 Generally, a quiet zone must be at least !4 mile in length and may include one or more
Pre-Rule Quiet Zones may be retained at their present length as of the date of publication
- crossings.
of the rule, even if less than !4 mile. A Pre-Rule Quiet Zone that is greater than %mile
may be reduced in length to no less than % mile and retain its pre-rule status. However,
if its length is increased from pre-rule length, pre-rule status will not be retained.
5. Supplementary and alternative safety measures:
Supplementary safety measures are engineering improvements that clearly compensate
for the absence of the train horn. If employed at every crossing in the quiet zone, they
automatically qualify the quiet zone (subject to reporting requirements).
J Temporary closure used with a nighttime-only zone;
J Four-quadrant gates;
J Channelization arrangements (ie., non-mountable curb or mountable curb
with delineators) at least 100 feet in length on each side (60 ft. where there
is an intersecting roadway);
J One-way street 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 amount across the quiet zone
(so-called “corridor approach”).
J Any supplementary safety measure or reasonable variation of a
supplementary safety measure (e.g., barrier gate and median with higher
estimate of effectivenes; shorter channelization with reduced estimate of
effectiveness);
J Education andor enforcement programs (including photo enforcement)
with verification of effectiveness; or
J Combination of the above.
Disclaimer: This is a summary of the interim final rule for initial briefing purposes only. Entities subject to the rule
should refir to the rule text as published in the Federal Register on December Is, 2003.
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