Section 4: Implementing a Quiet Zone

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.
  • 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
    government or city
     responsible for grade crossing and road safety).
  • Any other government
    or city
     with jurisdiction over public crossings within the Quiet Zone.
  • FRA.
  • Any private landowners with private crossings within Quiet Zone.
The NOE must include:
  • Date Quiet Zone will be established (no sooner than 21 days of mailing date).
  • List of all crossings and street names within Quiet Zone.
  • Statement of which provision of 49 CFR §222.39 that the Quiet Zone qualifies under.
  • Copy of Quiet Zone Calculations if SSMs were not installed at all public crossings.
  • Copy of FRA approval if application was sent to the FRA.
  • Statement that operating railroad companies and TxDOT were invited to attend diagnostic inspection.
  • Copy of recommendations of diagnostic team.
  • Statement when 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.
  • Statement that NOI was provided to operating railroad companies and TxDOT along with date it was mailed.
  • Confirmation that all comments were resolved or all parties had no comments if NOE is established within 60 days of NOI.
  • Contact information for person responsible for Quiet Zone compliance at the local government.
  • Listing of dates and names of all parties receiving a copy of the NOE.
  • Statement signed by local government
    or city leader indicating
    that information on the NOE is accurate to the best of their knowledge.
RRD
 will forward NOE information to the district railroad coordinator and compile comments to be sent to the local government if necessary.
RRD
 will make necessary updates in TRIMS after receipt of the NOE and request new photos of crossings if needed.

Safety Upgrades on TxDOT Roadways

TxDOT does not fund Quiet Zone improvements on their own, as it is an enhancement to the local government or city.
 If the local government applying for the Quiet Zone proposed any upgrades on TxDOT facilities, an AFA
or other document
 must be executed between the local government and TxDOT
to cover the required improvements.
 TxDOT may arrange for the improvements or decide to have the local government perform the work.
TxDOT is only required to meet standard guidelines such as TxDOT nominal curb height. Any modification to the TxDOT roadway including extra tall medians, signing, and striping, etc. is typically at the sole cost of
 the local government.
If the crossing qualifies on its own for Section 130 upgrades or other construction activities, TxDOT may (at their discretion) build the improvements as part of said projects.
Finally, upon approval of the district, TxDOT RRD shall issue a letter to the local government or city concurring with the proposed Quiet Zone.

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.
  • 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.
  • FRA after review of Quiet Zone at any time.
  • FRA if Quiet Zone qualified because QZRI was originally below NSRT, and NSRT has now fallen below QZRI, and 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.
RRD
 updates TRIMS as needed.