[Code of Federal Regulations] [Title 49, Volume 4] [Revised as of October 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 49CFR222.41] [Page 273-275] 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 and Pre-Rule Partial Quiet Zones? (a) Pre-Rule Quiet Zones that will be established by automatic approval. (1) A Pre-Rule Quiet Zone may be established by automatic approval and remain in effect, subject to Sec. 222.51, if the Pre-Rule Quiet Zone is in compliance with Sec. Sec. 222.35 (minimum requirements for quiet zones) and 222.43 of this part (notice and information requirements) and the Pre-Rule Quiet Zone: [[Page 274]] (i) Has at every public highway-rail grade crossing within the quiet zone one or more SSMs identified in appendix A of this part; (ii) The Quiet Zone Risk Index as last published by FRA in the Federal Register is at, or below, the Nationwide Significant Risk Threshold; or (iii) The Quiet Zone Risk Index as last published by FRA in the Federal Register 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 April 27, 2005 or (iv) The Quiet Zone Risk Index as last published by FRA in the Federal Register is at, or below, the Risk Index With Horns. (2) The public authority shall provide Notice of Quiet Zone Establishment, in accordance with Sec. 222.43 of this part, no later than December 24, 2005. (b) Pre-Rule Partial Quiet Zones that will be established by automatic approval. (1) A Pre-Rule Partial Quiet Zone may be established by automatic approval and remain in effect, subject to Sec. 222.51 of this part, if the Pre-Rule Partial Quiet Zone is in compliance with Sec. Sec. 222.35 (minimum requirements for quiet zones) and 222.43 (notice and information requirements) of this part and the Pre-Rule Partial Quiet Zone: (i) Has at every public highway-rail grade crossing within the quiet zone one or more SSMs identified in appendix A of this part; (ii) The Quiet Zone Risk Index as last published by FRA in the Federal Register is at, or below, the Nationwide Significant Risk Threshold; or (iii) The Quiet Zone Risk Index as last published by FRA in the Federal Register 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 April 27, 2005. With respect to Pre-Rule Partial Quiet Zones, collisions that occurred during the time period within which the locomotive horn was routinely sounded shall not be considered ``relevant collisions''; or (iv) The Quiet Zone Risk Index as last published by FRA in the Federal Register is at, or below, the Risk Index With Horns. (2) The public authority shall provide Notice of Quiet Zone Establishment, in accordance with Sec. 222.43 of this part, no later than December 24, 2005. (c) Pre-Rule Quiet Zones and Pre-Rule Partial Quiet Zones that will not be established by automatic approval. (1) If a Pre-Rule Quiet Zone or Pre-Rule Partial Quiet Zone will not be established by automatic approval under paragraph (a) or (b) 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 (c) and upon compliance with Sec. 222.43 (notice and information requirements) of this part. Continuation of a quiet zone beyond the interim periods specified in this paragraph will require implementation of SSMs or ASMs in accordance with Sec. 222.39 of this part and compliance with the requirements set forth in Sec. Sec. 222.25(c), 222.27(d), and 222.35 of this part. (2)(i) In order to provide time for the public authority to plan for and implement quiet zones that are in compliance with the requirements of this part, a public authority may continue locomotive horn restrictions at Pre-Rule Quiet Zones and Pre-Rule Partial Quiet Zones for a period of five years from June 24, 2005, provided the public authority has, within three years of June 24, 2005, 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) of this part, all of the required elements of filings under that paragraph together with a timetable for implementation of safety improvements. (ii) If, during the three-year period after June 24, 2005, the Quiet Zone Risk Index for the Pre-Rule Quiet Zone or Pre-Rule Partial Quiet Zone has fallen to a level at or below the Nationwide Significant Risk Threshold, the Pre-Rule Quiet Zone or Pre-Rule Partial Quiet Zone may remain in effect, subject to Sec. 222.51 of this part, provided the public authority provides notification of Pre-Rule Quiet Zone or Pre- Rule [[Page 275]] Partial Quiet Zone establishment in accordance with Sec. 222.43 and has complied with the requirements of Sec. Sec. 222.25(c), 222.27(d), and 222.35 by June 24, 2008. (3) Locomotive horn restrictions may continue for an additional three years beyond the five-year period permitted by paragraph (b)(2)(i) of this section, if: (i) Prior to June 24, 2008, 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 and Pre-Rule Partial Quiet Zones which, when implemented, would enable them to qualify for a quiet zone under this part; and (ii) Prior to June 24, 2009, 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) of this part, the public authority should apply for such approval prior to December 24, 2007, to ensure that FRA has ample time in which to review such application prior to the end of the extension period. (d) Pre-Rule Partial Quiet Zones that will be converted to 24-hour Quiet Zones. A Pre-Rule Partial Quiet Zone may be converted to a 24-hour quiet zone if the quiet zone is brought into compliance with the New Quiet Zone requirements set forth in Sec. Sec. 222.25, 222.27, 222.35 and 222.39 of this part and notification of the establishment of a New 24-hour Quiet Zone is provided in accordance with Sec. 222.43 of this part.