[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: 49CFR222.43]

[Page 270-271]
 
                        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. 222.43  What notices and other information are required to establish 
a quiet zone?

    (a) (1) Upon compliance with Sec. Sec. 222.39(a) or 222.39(b) 
resulting in the establishment or approval of a quiet

[[Page 271]]

zone, or of its continuation under Sec. 222.41, the public authority 
shall provide written notice, by certified mail, return receipt 
requested, of the quiet zone implementation to: all railroads operating 
over the public highway-rail grade crossings within the quiet zone; the 
highway or traffic control authority or law enforcement authority having 
control over vehicular traffic at the crossings within the quiet zone; 
the landowner having control over any private crossings within the quiet 
zone; the State agency responsible for highway and road safety; and the 
Associate Administrator.
    (2)(i) Notice of the establishment of a quiet zone established under 
the provisions of Sec. 222.39 (New Quiet Zones) shall provide the date 
upon which routine locomotive horn use at grade crossings shall cease, 
but in no event shall the date be earlier than 21 days after the date of 
mailing of such written notification.
    (ii) Notice of the continuation of a quiet zone under Sec. Sec. 
222.41(a) and (b) (Pre-Rule Quiet Zone) shall be served no later than 
December 18, 2004.
    (3) The notice shall list the grade crossings within the quiet zone, 
identified by both U.S. DOT National Highway-Rail Grade Crossing 
Inventory Number and street or highway name. The notice shall also 
include specific reference to the regulatory provision which provides 
the basis for establishment or continuation of the quiet zone, citing as 
appropriate, either Sec. 222.39(a)(1), 222.39(a)(2)(i), 
222.39(a)(2)(ii), 222.39(a)(3), 222.39(b), or 222.41. Reference to 
Sec. Sec. 222.39(a)(1), (2), or (3) shall include a copy of the FRA web 
page containing the quiet zone data upon which the public authority 
relies. Reference to Sec. 222.39(b) shall include a copy of FRA's 
notification of approval. Reference to Sec. 222.41 shall include a 
statement as to how the quiet zone is in compliance with the 
requirements of that section and, if appropriate, shall include a copy 
of the FRA web page containing the quiet zone data upon which the public 
authority relies. The notice shall be accompanied by a certificate of 
service showing to whom and by what means the notice was provided.
    (b) The following must be submitted to the Associate Administrator 
together with the notification required in paragraph (a) of this 
section:
    (1) An accurate and complete Grade Crossing Inventory Form for each 
public and private highway-rail grade crossing within the quiet zone, 
dated within six months prior to designation or FRA approval of the 
quiet zone;
    (2) An accurate, complete and current Grade Crossing Inventory Form 
reflecting SSMs and ASMs in place upon establishment of the quiet zone. 
SSMs or ASMs that cannot be fully described on the Inventory Form shall 
be separately described;
    (3) The name and title of the person responsible for monitoring 
compliance with the requirements of this part and the manner in which 
that person can be contacted;
    (4) A list of all parties notified in accordance with paragraph (a) 
of this section, together with copies of the certificates of service 
showing to whom and by what means the notice was provided; and
    (5) A statement signed by the chief executive officer of each public 
authority establishing or continuing a quiet zone under this part, in 
which the official shall certify that responsible officials of the 
public authority have reviewed documentation prepared by or for FRA, and 
filed in Docket No. FRA-1999-6439, sufficient to make an informed 
decision regarding the advisability of establishing the quiet zone. FRA 
documents which may be of interest are found on FRA's Web site at http:/
/www.fra.dot.gov.