Quiet Zones

Overview

The FRA regulations on quiet zones allow localities nationwide to mitigate the effects of train horn noise, while maintaining a high level of safety at grade crossings located within quiet zones.(5) These regulations were developed to provide a consistent approach nationwide to enable local jurisdictions to establish quiet zones without compromising safety. They address use of the horn at public highway-rail grade crossings. The public authority responsible for traffic control or law enforcement at the highway ‑rail grade crossing is the only entity authorized to establish a quiet zone. FRA regulations on quiet zones:

•Define engineering solutions known as “supplementary safety measures” (SSMs) for use at highway-rail grade crossings without FRA approval 169• Provide explicit flexibility for the modification of SSMs to receive credit as “alternative safety measures” (ASMs)

•Include a provision that provides risk reduction credit for pre-existing SSMs and pre-existing modified SSMs that were implemented prior to December 18, 2003

•Allow use of education and enforcement options, including photo enforcement, subject to verification of effectiveness Public authorities may establish quiet zones in which train horns will not be routinely sounded at grade crossings. The details for establishment of quiet zones differ depending on the type of quiet zone to be created (pre-rule or new) and the type of safety improvements to be implemented (if needed). FRA regulations governing quiet zones (49 CFR Part 222) also:

•Allow establishment of quiet zones that prohibit sounding of horns during the nighttime hours only. These quiet zones are referred to as partial quiet zones.

•Require diagnostic team reviews of pedestrian crossings and private crossings that provide access in active industrial or commercial sites, if the pedestrian and private crossings are located within proposed new quiet zones.

•Require that public authorities retain automatic bells at public highway-rail grade crossings subject to pedestrian traffic.

•Require public authorities to provide notification of their intent to create a new quiet zone. During the 60-day period after the Notice of Intent is mailed, comments may be submitted to the public authority.

•Require that public highway-rail grade crossings located within a Quiet Zone comply with applicable MUTCD provisions. Once a quiet zone is established, the railroad is generally barred from routine sounding of the horn at the affected grade crossings. However, railroads remain free to use the horn for other purposes as prescribed in railroad operating rules on file with FRA. In addition, railroads must use the horn as specified in other FRA regulations (see 49 CFR 222.23), even within quiet zones. The FRA provides a web-based tool for communities to use in performing “what if” calculations and preparing submissions necessary to create or retain quiet zones. This tool, the Quiet Zone Calculator , may be found on FRA’s website.(64) The FRA regional personnel are available to participate in diagnostic teams evaluating options for quiet zones.

Requirement to Sound the Locomotive Horn

Outside of quiet zones, railroads must sound the horn 15–20 seconds prior to a train’s arrival at a public highway-rail grade crossing, but not more than one-quarter-mile in advance of the crossing (49 CFR 222.21). 170Note: Before 49 CFR Part 222 was issued, State laws and railroad rules generally required that the locomotive horn begin sounding from a point one-quarter-mile in advance of the highway- rail grade crossing and continue sounding until the crossing is occupied by the lead locomotive of a train. For trains operating at less than 45 miles per hour, FRA’s current regulations in 49 CFR Part 222 reduce the time and distance over which the horn is sounded, thereby reducing noise impacts on local communities. The required pattern for sounding the horn is two long, one short, and one long blast repeated or prolonged until the lead locomotive occupies the public highway-rail grade crossing. Train operators may vary this pattern as necessary where public highway-rail grade crossings are closely spaced; they are also authorized (but not required) to sound the horn in the case of an emergency, even in a quiet zone. The FRA regulations in 49 CFR 229.129 also prescribe a minimum and a maximum volume level for the train horn. The minimum level is 96 dB(A), and the maximum volume level is 110 dB(A).

Creation of Quiet Zones

The rule provides significant flexibility to communities to create quiet zones. This flexibility extends to communities that had existing whistle bans, as well as other communities that previously did not have an opportunity to restrict locomotive horn sounding at grade crossings. It should be noted that 49 CFR Part 222 permits implementation of quiet zones in low-risk locales without requiring the addition of safety improvements.

•This concept utilizes a risk index approach that estimates expected safety outcomes (that is, the likelihood of a fatal or non-fatal casualty resulting from a collision at a highway-rail crossing including the existing risk caused by the absence of the sounding of the locomotive horn)

•Risk is averaged over the public highway-rail grade crossings in a proposed quiet zone. This averaged risk is called the Quiet Zone Risk Index (QZRI)

•The QZRI within the proposed quiet zone is then compared with the average nationwide risk at gated public highway-rail grade crossings where the horn is sounded (the “Nationwide Significant Risk Threshold” [NSRT]). FRA periodically revises the NSRT The effect of this approach is that it may be possible to establish quiet zones without significant expense if flashing ‑lights and gates are already in place at the public highway ‑rail grade crossings. Typically, these quiet zones have few trains traveling at low speeds. If the QZRI for a proposed new quiet zone exceeds the NSRT and the level of risk when horns are routinely sounded within the proposed quiet zone, SSMs or ASMs will need to be used to reduce that risk (to fully compensate for the absence of the train horn or to reduce risk to a level below the NSRT).

Establishment of New Quiet Zones

New quiet zones may be established if all public highway-rail grade crossings within the proposed quiet zone are equipped with flashing ‑lights and gates; and either of these following specifications: 171• The QZRI within the proposed quiet zone is less than the NSRT

•SSMs are present at each public highway-rail grade crossing

•Safety improvements (SSMs or ASMs) are made to compensate for loss of routine sounding of the train horn

•Safety improvements (SSMs or ASMs) are made to reduce the QZRI within the proposed quiet zone to a level below the NSRT Note: FRA regulations (49 CFR 222.35) require that the active warning system at each public highway ‑rail grade crossing within a quiet zone consist of flashing ‑lights and gates be equipped with power-out indicators, which provides information on the presence of commercial electrical power at the crossing. FRA regulations also require that the active crossing warning system be equipped with constant warning time train detection, if reasonably practical. Detailed instructions for establishing a quiet zone are available on FRA’s website.(65)

Length of Quiet Zones

FRA regulations require that a quiet zone be at least one-half-mile in length and include at least one public highway-rail grade crossing. (See 49 CFR sections 222.9 and 222.35 for more information.)

Supplemental and Alternative Safety Measures

Supplemental Safety Measures (SSMs) are engineering improvements that have been determined by FRA to be an effective substitute for the train horn. If employed at every public highway-rail grade crossing in the quiet zone, the public authority can establish the quiet zone by designation without prior FRA approval (subject to reporting requirements). They also may be used at some public highway-rail grade crossings in a proposed quiet zone to fully compensate for the lack of warning provided by the train horn or to reduce existing risk levels to a level below the NSRT. SSMs include the following:

•Temporary closure of a public highway-rail grade crossing (for partial quiet zone only)

•Permanent closure of a public highway-rail crossing

•Four-quadrant gates

•Gates with traffic channelization arrangements (for example, non ‑mountable curb or mountable curb with delineators) at least 100 feet in length on each side of the crossing (or 60 feet where there is an intersecting roadway) and no commercial or industrial driveways located within 60 feet of the gate arm.

•One-way street with gate(s) across all approaching roadway lanes Alternative Safety Measures (ASMs) may also be applied to reduce existing risk levels at one or more public highway-rail grade crossings within a proposed quiet zone. The public authority must apply (per 49 CFR 222.39(b)) to FRA for approval of the effectiveness rate that will be assigned to each ASM proposed for use at public highway-rail grade crossings in the quiet zone. ASMs include the following: 172• Any modified SSM (such as crossing gates with traffic channelization less than 60 feet in length)

•Education and/or enforcement programs (including photo enforcement) with verification of effectiveness

•Engineering improvements, other than modified SSMs

•Combination of the above FRA regulations provide that pre ‑existing SSMs and pre ‑existing modified SSMs can also be counted toward risk reduction.

Automated Wayside Horn

49 CFR Part 222 authorizes use of the automated wayside horn at highway-rail grade crossings equipped with flashing ‑lights and gates (inside or outside a quiet zone) as a one ‑to‑one substitute for the train horn. The MUTCD Section 8C.07 provides guidance on Wayside Horn Systems at crossings.

Special Circumstances

A public authority or railroad seeking relief from a regulatory provision in 49 CFR Part 222 may request a waiver from the provision from FRA. A railroad or public authority seeking a waiver from a regulatory provision in 49 CFR Part 222 must first consult with the other party to find out whether the other party would be willing to submit a joint waiver request. If agreement to file a joint waiver petition cannot be achieved, the party may still request the regulatory relief by a waiver, provided the waiver petition reflects the efforts of the submitting party to reach agreement with the other party and explains why a joint waiver petition would not be likely to contribute significantly to public safety . The FRA may grant waivers if in the public interest and consistent with the safety of highway and railroad users of the highway-rail crossings.