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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 3 2 m U vl m c m Ql m d Y VI E 3 en c .- Y m .C X W 0 ). 2 Y m Y VI m C C m CCI C C c e 0 0 aJ u) .- U v) .- 5 % m VI Y 2 2 0 I Y 8 P s c m m r - r" Y L m c U 0 3 G 3 Y f 00 K aJ C 00 c I .- E 2 cn c .- s aJ c 0 N aJ U .C a m M c m U .- U E m m Y L m c u Y 0, Y U 0. Q m a d 5 s m .C Y m U k 0 z .C Y .C s Y m U c 0 z 0 c 0 N aJ .- U Y .- a 0, 3 d 9 E! ta cu r, 0 cu E m a L VI 1 1 . . 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 c -* \ 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/ i \ \ J \ J f J- I\' b I b i\ r 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 I\' I\ I 1' I 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 lJ \ J ( J- I\' 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 ‘i c 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. "Chestnut Avenue" Petition Signature Page Date I Printed Name Signature J:\WORD\Residential IssueWhesmut Avenue.doc Name Address Date Name Address Date Name Address Date Name Address Date Name Address Date Name Address Date Name Address Date Name Address Date 35. s- a- 07 pate 38. Name Address Date 39. Name Address Date 40. Name Address Date 41. Name Address Date 42. 43 Name Address Name Address 44. Name 45. Name 46. Address Address Name 47. Address Date Date Date Date Date Name Address Date 48. Name Address Date 49. Name Address Date 50. Name Address Date "Chestnut Avenue" Petition Signature Page Date Printed Name Signature J:\WORDUZesidential Issues\Chestnut Avenue.doc "Don't Horn In" Petition Signature Page D a-t e Printed Name Signature n Date "Don't Horn In" Petition Signature Page Printed Name Signature 4 J:\WORDNesidential Issues\Wyland.docPetition Signature Page Date "Don't Horn In" Petition Signature Page Printed Name J:\WORD\Residential Issues\Carlsbad issues.doc Date "Don't Horn In" Petition Signature Page Printed Name Signature R J:\WORD\Residential Issues\Wyland.docPetition Signature Page "Don't Horn In" Petition Signature Page Date Printed Name Signature JAWORDMesidential Issues\Carlsbad issues.doc Date "Don't Horn In" Petition Signature Page Printed Name Signature J:\WORD\Residential Issues\Wyland.docPetition Signature Page Date "Don't Horn In'' Petition Signature Page .. .. Printed Name Signature J:\WORD\Residential Issues\Wyland.docPetition Signature Page Date "Don't Horn In" Petition Signature Page Printed Name J:\WORD\ResidentiaI Issues\Carlsbad issues.doc "Don't Horn In" Petition Signature Page Date Printed Name Signature J:\WORD\Residential Issues\Carlsbad issues.doc Date "Don't Horn In" Petition Signature Page Printed Name q-2 7dLJ Signature J:\WORD\Residential Issues\Carlsbad issues.doc "Don't Horn In" Petition Signature Page Date Printed Name J:\WORD\Residential Issues\Carlsbad issuesdoc Date "Don't Horn In'' Petition Signature Page Printed Name Signature J:\WORDNesidential Issues\Carlsbad issues.dnc