[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: 49CFR222.39]

[Page 269-270]
 
                        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. 222.39  How is a quiet zone established?

    (a) Public authority designation. This paragraph (a) describes how a 
quiet zone may be designated by a public authority without the need for 
formal application to, and approval by FRA. If a public authority 
complies with either paragraph (a)(1), (2), or (3) of this section, and 
complies with the information and notification provisions of Sec. 
222.43, a public authority may designate a quiet zone without the 
necessity for FRA review and approval.
    (1) A quiet zone may be established by implementing, at every public 
highway-rail grade crossing within the quiet zone, one or more SSMs 
identified in Appendix A of this part.
    (2) A quiet zone may be established if the Quiet Zone Risk Index is 
at, or below, the Nationwide Significant Risk Threshold, as follows:
    (i) If the Quiet Zone Risk Index is already at, or below, the 
Nationwide Significant Risk Threshold without being reduced by 
implementation of SSMs; or
    (ii) If SSMs are implemented which are sufficient to reduce the 
Quiet Zone Risk Index to a level at, or below, the Nationwide 
Significant Risk Threshold.
    (3) A quiet zone may be established if SSMs are implemented which 
are sufficient to reduce the Quiet Zone Risk Index to a level at or 
below the risk level which would exist if locomotive horns sounded at 
all public crossings in the quiet zone.
    (b) Public authority application to FRA. (1) A public authority may 
apply to the Associate Administrator for approval of a quiet zone which 
does not meet the standards for public authority designation under 
paragraph (a) of this section, but in which it is proposed that one or 
more safety measures be implemented. Such proposed quiet zone may 
include only ASMs, or a combination of ASMs and SSMs at various 
crossings within the quiet zone. Note that an ``SSM'' which does not 
fully comply with the requirements for an SSM under Appendix A, is 
considered to be an ASM. The public authority's application must:
    (i) Contain an accurate, complete and current Grade Crossing 
Inventory Form for each public and private highway-rail grade crossing 
within the proposed quiet zone;
    (ii) Contain sufficient detail concerning the present safety 
measures at the public highway-rail grade crossings proposed to be 
included in the quiet zone to enable the Associate Administrator to 
evaluate their effectiveness;
    (iii) Contain detailed information as to which SSMs or ASMs are 
proposed to be implemented and at which public or private highway-rail 
grade crossings within the proposed quiet zone, including membership and 
recommendations of the diagnostic team, if any, which reviewed the 
proposed quiet zone;
    (iv) Contain a commitment to implement the proposed safety measures 
within the proposed quiet zone;
    (v) Demonstrate through data and analysis that the proposed 
implementation of these measures will cause a reduction in the Quiet 
Zone Risk Index to, or below, either the risk level which would exist if 
locomotive horns sounded at all crossings in the quiet zone or to a risk 
level at, or below, the Nationwide Significant Risk Threshold; and
    (vi) Be provided to the parties listed in Sec. 222.43(a)(1) in the 
manner specified in that section.
    (2)(i) The Associate Administrator will approve the quiet zone if, 
in the Associate Administrator's judgment, the public authority is in 
compliance with paragraph (b)(1) of this section and has satisfactorily 
demonstrated that the SSMs and ASMs proposed by the public authority 
result in a Quiet Zone Risk Index which is either:
    (A) At or below the risk level which would exist if locomotive horns 
sounded at all crossings in the quiet zone or
    (B) At, or below, the Nationwide Significant Risk Threshold.

[[Page 270]]

    (ii) The Associate Administrator may include in any decision of 
approval such conditions as may be necessary to ensure that the proposed 
safety improvements are effective. If the Associate Administrator does 
not approve the quiet zone, the Associate Administrator describes in the 
decision the basis upon which the decision was made. A decision denying 
approval may be reviewed as provided in Sec. 222.57(b).
    (c) Appendix C contains guidance on how to create a quiet zone.