[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: 49CFR222.41]

[Page 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. 222.41  How does this rule affect Pre-Rule Quiet Zones?

    (a) Pre-Rule Quiet Zones which qualify for automatic approval. A 
Pre-Rule Quiet Zone will be considered automatically approved and may 
remain in effect, subject to Sec. 222.51, if the Pre-Rule Quiet Zone is 
in compliance with Sec. 222.35 (minimum requirements for quiet zones) 
and Sec. 222.43 (notice and information requirements, with the 
exception of providing advance notice) and the Pre-Rule Quiet Zone:
    (1) Has at every public highway-rail grade crossing within the quiet 
zone, one or more SSMs identified in Appendix A of this part; or
    (2) The Quiet Zone Risk Index as last published by FRA is at, or 
below, the Nationwide Significant Risk Threshold; or
    (3) The Quiet Zone Risk Index as last published by FRA is above the 
Nationwide Significant Risk Threshold but less than twice the Nationwide 
Significant Risk Threshold and there have been no relevant collisions at 
any public grade crossing within the quiet zone for the five years 
preceding December 18, 2003.
    (b) Pre-Rule Quiet Zones which do not qualify for automatic 
approval. (1) If a Pre-Rule Quiet Zone does not qualify for automatic 
approval under paragraph (a) of this section, existing restrictions may, 
at the public authority's discretion, remain in place on an interim 
basis under the provisions of this paragraph (b) and upon compliance 
with Sec. 222.43 (notice and information requirements, with the 
exception of providing advance notice). Continuation of a quiet zone 
beyond the interim periods specified in this paragraph will require 
implementation of SSMs or ASMs in accord with Sec. 222.39.
    (2) In order to provide time for the public authority to plan for 
and implement quiet zones which are in compliance with the requirements 
of this part, a public authority may continue locomotive horn 
restrictions at Pre-Rule Quiet Zones which do not qualify for automatic 
approval for a period of five years from December 18, 2003, provided 
that, the public authority has, within three years of December 18, 2003, 
filed with the Associate Administrator a detailed plan for establishing 
a quiet zone under this part, including, in the case of a plan requiring 
approval under Sec. 222.39(b), all of the required elements of filings 
under that paragraph together with a timetable for implementation of 
safety improvements.
    (3) Locomotive horn restrictions may continue for an additional 
three years beyond the five year period permitted by paragraph (b)(2) of 
this section, if,
    (i) Prior to December 18, 2006, the appropriate State agency 
provides to the Associate Administrator: a comprehensive State-wide 
implementation plan and funding commitment for implementing improvements 
at Pre-Rule Quiet Zones which do not qualify for automatic approval 
under paragraph (a) of this section, which, when implemented, would 
enable them to qualify for a quiet zone under this part; and
    (ii) Prior to December 18, 2007, either physical improvements are 
initiated at a portion of the crossings within the quiet zone, or the 
appropriate State agency has participated in quiet zone improvements in 
one or more jurisdictions elsewhere within the State.
    (4) In the event that the safety improvements planned for the quiet 
zone require approval of FRA under Sec. 222.39(b), the public authority 
should apply for such approval prior to June 19, 2006, to assure that 
FRA has ample time in which to review such application prior to the end 
of the extension period.