## Notice of Quiet Zone Continuation[^1]

### Who should submit this Notice

Public authorities intending to continue a Pre-Rule Quiet Zone, a
Pre-Rule Partial Quiet Zone, an Intermediate Quiet Zone, or an
Intermediate Partial Quiet Zone should submit notice of intent to
continue the quiet zone.

### Parties to be notified (§222.43(a)(2))

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,

-   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 continuation of a Pre-Rule Quiet Zone should be served no
later than June 3, 2005. If such notice is mailed after that date, the
notice must state the date on which locomotive horn use at the crossings
within the quiet zone shall cease; this horn cessation date cannot be
earlier than 21 days after the date the notices were mailed.

### Notification contents (§222.43(c))

-   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 continuing the Quiet Zone:

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-   § 222.41(a) Pre-Rule Quiet Zones that qualify for automatic approval

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-   § 222.41(b) Pre-Rule Partial Quiet Zones that qualify for automatic
    approval

-   § 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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-   The notice must contain a statement indicating the time period
    during which horn restrictions will be observed (i.e. 24 hours, or
    nighttime hours only).

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-   An accurate and complete Grade Crossing Inventory Form for each
    public, pedestrian, and private crossing within the quiet zone that
    accurately reflects current conditions at the crossing.

-   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

-   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.

Note: Pre-Rule Quiet Zones and Pre-Rule Partial Quiet Zones that do not
qualify for automatic approval can only be maintained for an interim
period, and Intermediate Quiet Zones and Intermediate Partial Quiet
Zones can only be maintained for a period of one year. Continuation of
the quiet zone beyond the interim period will require submission of a
detailed plan, as well as implementation of SSMs or ASMs in accordance
with section 222.39. Please refer to sections 222.39 and 222.41 for more
information.

[^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).