## Notice of Quiet Zone Establishment[^1]

### Who should submit this notice

A public authority wishing to establish a New Quiet Zone, a New Partial
Quiet Zone, a Pre-Rule Quiet Zone, or a Pre-Rule Partial Quiet Zone must
submit a notice of Quiet Zone Establishment.

### Parties to be notified ((§222.43(a)(4))

The public authority must provide written notice to several parties.
These parties include the following:

-   All railroads operating over the public highway-rail grade crossing
    within the quiet zone,

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-   The highway or traffic control authority, or the law enforcement
    authority with jurisdiction over motor vehicle traffic at the quiet
    zone crossings,

-   Landowners with control over any private crossings within the quiet
    zone,

-   The State agency responsible for highway and road safety,

-   The State agency responsible for grade crossing safety, and

-   The FRA Associate Administrator.

All notices must be provided by certified mail, return receipt
requested.

### Deadlines

Notice of the establishment of a Quiet Zone should be mailed no later
than 21 days before the date on which train horns are scheduled to cease
sounding. For New Quiet Zones and New Partial Quiet Zones, the Notice of
Quiet Zone Establishment can not be served earlier than 60 days after
the Notice of Intent was mailed, unless the Notice of Quiet Zone
Establishment contains a written statement affirming that written
comments and/or 'no comment' statements have been received from each
party that received the Notice of Intent. For Pre-Rule Quiet Zones that
qualified for automatic approval, the Notice of Quiet Zone Establishment
should be mailed out before December 24, 2005.

### Notification contents (§222.43(e))

-   The notice must unambiguously state which crossings are contained
    within the quiet zone. All public, pedestrian, and private crossings
    must be identified by both the U.S. DOT National Highway-Rail Grade
    Crossing Inventory Number, and by street or highway name.

-   The notification must clearly cite the regulatory provision that
    provides the basis for establishing the Quiet Zone:

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-   § 222.39(a)(1), implementation of SSMs at every public crossing in
    the New Quiet Zone or New Partial Quiet Zone;

-   §222.39(a)(2)(i), the QZRI is at or below the NSRT without
    installation of any SSMs at the New Quiet Zone or New Partial Quiet
    Zone;

-   §222.39(a)(2)(ii), SSMs were implemented at some crossings in the
    New Quiet Zone or New Partial Quiet Zone to bring the QZRI to a
    level at or below the NSRT;

-   §222.39(a)(3), SSMs were implemented at some crossings in the New
    Quiet Zone or New Partial Quiet Zone to bring the QZRI to a level at
    or below the RIWH; or

-   §222.39(b), public authority application to the FRA for a New Quiet
    Zone or New Partial Quiet Zone.

-   § 222.41(a)(i) Pre-Rule Quiet Zones that qualify for automatic
    approval because every crossing is equipped with an SSM,

-   § 222.41(a)(ii) Pre-Rule Quiet Zones that qualify for automatic
    approval because QZRI [\<]{.underline} NSRT,

-   § 222.41(a)(iii) Pre-Rule Quiet Zones that qualify for automatic
    approval because NSRT \< QZRI \< 2\* NSRT, and there have been no
    relevant collisions within the 5 years preceding April 27^th^, 2005.

-   § 222.41(b)(i) Pre-Rule Partial Quiet Zones that qualify for
    automatic approval because every crossing is equipped with an SSM,

-   § 222.41(b)(ii) Pre-Rule Partial Quiet Zones that qualify for
    automatic approval because QZRI [\<]{.underline} NSRT,

-   § 222.41(b)(iii) Pre-Rule Partial Quiet Zones that qualify for
    automatic approval because NSRT \< QZRI \< 2\* NSRT, and there have
    been no relevant collisions within the 5 years preceding April
    27^th^, 2005.

-   § 222.41(c) Pre-Rule Quiet Zones and Pre-Rule Partial Quiet Zones
    that do not qualify for automatic approval

-   § 222.41(d) Pre-Rule Partial Quiet Zones that will be converted to
    24-hour New Quiet Zones

-   § 222.42(a) Intermediate Quiet Zones or Intermediate Partial Quiet
    Zones

-   § 222.42(b) Intermediate Partial Quiet Zones that will be converted
    to 24-hour New Quiet Zones.

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-   If the notice contains a reference to §222.39(a)(2)(i),
    222.39(a)(2)(ii), 222.39(a)(3), 222.41(a)(2), 222.41(a)(3),
    222.41(b)(2), or 222.41(b)(3), that is, any time a determination of
    QZRI is used to justify establishment of a quiet zone, the
    notification must include a copy of the FRA Quiet Zone Calculator
    web page that contains the data on which the public authority is
    relying.

-   If the notice contains a reference to §222.39(b), the notice must
    include a copy of the FRA's notification of approval.

-   If a diagnostic team is required under §222.25 (private crossings)
    or §222.27 (pedestrian crossings), the notice must include a
    statement affirming that the State agency responsible for grade
    crossing safety and all affected railroads were provided an
    opportunity to participate in the diagnostic team review. The notice
    must also include a list of the diagnostic team's recommendations.

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-   The notice must contain a statement indicating the time period
    during which horn restrictions will be observed.

-   An accurate and complete Grade Crossing Inventory Form for each
    public, pedestrian, and private crossing within the quiet zone that
    accurately reflects conditions at the crossing before any new SSMs
    or ASMs were implemented.

-   An accurate, complete, and current Grade Crossing Inventory Form for
    each public, pedestrian, and private crossing within the quiet zone
    that accurately reflects SSMs and ASMs in place upon establishment
    of the Quiet Zone. SSMs and ASMs that cannot fully be described on
    the Inventory form shall be described separately.

-   If the public authority was required to file a Notice of Intent (New
    Quiet Zones and New Partial Quiet Zones), the Notice of Quiet Zone
    Establishment shall contain a written statement affirming that the
    Notice of Intent was provided in accordance with the rule, and
    indicating the date on which the Notice of Intent was mailed.

-   If the public authority was required to file a Notice of Intent, and
    did so less than 60 days before mailing the Notice of Quiet Zone
    Establishment, they must also include a written statement affirming
    that they received written comments and/or 'no comment' statements
    from the parties that received the Notice of Intent.

-   If the public authority was required to submit a Notice of Detailed
    Plan, they must include a written statement affirming that the
    Notice of Detailed Plan was provided in accordance with the rule,
    and they must state the date on which it was provided.

-   The name and title of the person responsible for monitoring
    compliance with the requirements of the rule and his/her contact
    information. In addition to the person's name, title, and
    organization, contact information should include his/her business
    address, telephone number, fax number, and email address.

-   Names and addresses of all parties notified in accordance with the
    rule; and

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-   A statement signed by the Chief Executive Officer (CEO) of each
    public authority continuing the quiet zone. In the CEO's statement,
    he or she must certify that the information submitted by the public
    authority is accurate and complete to the best of his/her knowledge
    and belief.

[^1]: The information collection submission for the final rule is
    currently undergoing OMB review and approval. The OMB has up to 60
    days to make a determination about the final rule and renewing the
    previous OMB control number (2130-0560).