[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR222.35]

[Page 268]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 222_USE OF LOCOMOTIVE HORNS AT PUBLIC HIGHWAY-RAIL GRADE CROSSINGS
--Table of Contents
 
         Subpart C_Exceptions to the Use of the Locomotive Horn
 
Sec. 222.35  What are minimum requirements for quiet zones?

    The following requirements apply to quiet zones established in 
conformity with this part.
    (a) Minimum length. (1) The minimum length of a New Quiet Zone 
established under this part shall be one-half mile along the length of 
railroad right-of-way.
    (2) The length of a Pre-Rule Quiet Zone may continue unchanged from 
that which existed as of October 9, 1996. Because the addition of any 
crossing to a Pre-Rule Quiet Zone ends the grandfathered status of that 
quiet zone, the New Quiet Zone resulting from the addition of one or 
more crossings to a Pre-Rule Quiet Zone shall be at least one-half mile 
in length and shall comply with all requirements applicable to New Quiet 
Zones. The deletion of any crossing from a Pre-Rule Quiet Zone, with the 
exception of a grade separation or crossing closure, must result in a 
quiet zone of at least one-half mile in length in order to retain Pre-
Rule Quiet Zone status.
    (3) A quiet zone may include highway-rail grade crossings on a 
segment of rail line crossing more than one political jurisdiction.
    (b) Active grade crossing warning devices. (1) Each public highway-
rail grade crossing in a New Quiet Zone established under this subpart 
must be equipped, no later than the implementation date of the New Quiet 
Zone, with active grade crossing warning devices comprising both 
flashing lights and gates which control traffic over the crossing and 
that conform to the standards contained in the MUTCD. Such warning 
devices shall be equipped with constant warning time devices, if 
reasonably practical, and power-out indicators.
    (2) Pre-Rule Quiet Zones must retain, and may upgrade the grade 
crossing safety warning system which existed as of December 18, 2003. 
Any such upgrade shall include constant warning time devices, where 
reasonably practical, and power-out indicators. In no event may the 
grade crossing safety warning system which existed as of December 18, 
2003, be downgraded. Risk reduction resulting from upgrading to flashing 
lights or gates may be credited in calculating the quiet zone's Quiet 
Zone Risk Index.
    (c) Advance warning signs. (1) Subject to paragraph (c)(2) of this 
section, each highway approach to every public and private highway-rail 
grade crossing within a Pre-Rule Quiet Zone or New Quiet Zone shall be 
equipped with an advance warning sign which advises the motorist that 
train horns are not sounded at the crossing. Such sign shall conform to 
the standards contained in the MUTCD issued by the Federal Highway 
Administration.
    (2) Each highway approach to every public and private highway-rail 
grade crossing in a Pre-Rule Quiet Zone shall be equipped with such 
advance warning signs described in paragraph (c)(1) of this section by 
December 18, 2006.
    (d) All private crossings within the quiet zone must be treated in 
accordance with this section and Sec. 222.25.
    (e) All public crossings within the quiet zone must be in compliance 
with requirements of the MUTCD.