Section 4: Implementing a Quiet ZoneAnchor: #i1001468
Notice of Quiet Zone Establishment (NOE)
A local government may issue an NOE after:
- all parties have been given 60 days to comment on the NOI
- all comments from the NOI have been resolved with all commenting parties
- the FRA application has been approved (if ASMs are proposed)
- any required safety upgrades have been implemented and inspected.
The following parties are provided a copy of the NOE by the local government:
- railroad companies operating on crossings within Quiet Zone
- TxDOT (acting as state agency responsible for grade crossing and road safety)
- any other government agencies with jurisdiction over public crossings within the Quiet Zone
- any private landowners with private crossings within Quiet Zone.
The NOE must include:
- the date the Quiet Zone will be established (no sooner than 21 days of the mailing date)
- a list of all crossings and street names within the Quiet Zone
- a statement of which provision of 49 CFR §222.39 that the Quiet Zone qualifies under
- a copy of Quiet Zone Calculations if SSMs weren’t installed at all public crossings
- a copy of FRA approval if application was sent to the FRA
- a statement that operating railroad companies and TxDOT were invited to attend the diagnostic inspection
- a copy of recommendations of the diagnostic team
- a statement of when the train horn will not be sounded
- inventory forms for all crossings prior to any Quiet Zone upgrades
- inventory forms for all crossings after implementation of any Quiet Zone upgrades
- a statement that an NOI was provided to operating railroad companies and TxDOT along with the date it was mailed
- confirmation that all comments were resolved or all parties had no comments if an NOE is established within 60 days of the NOI
- contact information for the person responsible for Quiet Zone compliance at the local government and their contact information
- listing of dates and names of all parties receiving a copy of the NOE
- statement signed by the head of the local government agency that information on the NOE is accurate to the best of their knowledge.
TRF-RSS will forward any NOE information to the District Railroad Coordinator and compile any comments to be sent back to the local government if necessary.
TRF-RSS will make any necessary updates in TRIMS after receipt of the NOE, and request new photos of crossings if needed.Anchor: #i1001618
Safety Upgrades on TxDOT Roadways
If the local government applying for the Quiet Zone proposed any upgrades on TxDOT facilities, an AFA must be executed between the local government and TxDOT. TxDOT may arrange for the improvements or decide to have the local government perform the work. Any safety upgrades are generally funded by the local government.
If TxDOT constructs the safety upgrades, a Construction & Maintenance (C&M) Agreement will be required with the railroad company. See Chapter 2 for more information.Anchor: #i1001633
Quiet Zone Updates to the FRA
Periodic updates are required to be submitted by the local government to the FRA. The updates are required:
- every 2.5-3 years if SSMs are not installed at every public crossing within the Quiet Zone
- every 4.5-5 years if SSMs are installed at every public crossing within the Quiet Zone.
The updates to the FRA must include:
- a statement that the Quiet Zone still conforms to the standard under which it qualified
- an accurate inventory form for every public, private, and pedestrian crossing within the Quiet Zone.
Termination of a Quiet Zone
A Quiet Zone may be terminated by:
- request of local government
- the FRA after review of the Quiet Zone at any time
- the FRA if the Quiet Zone qualified because the QZRI was originally below the NSRT, the NSRT has now fallen below the QZRI, and the local government does not take proper steps to implement safety upgrades within the Quiet Zone.
The party terminating the Quiet Zone must contact all parties who were provided a copy of the initial NOE. TRF-RSS updates TRIMS as needed.