I. Federal Railroad Administration's Horn Rule For everyone’s safety, federal regulation requires horns be sounded for 15-20 seconds before entering all public grade crossings, but not more than one-quarter mile in advance. This federal requirement preempts any state or local laws regarding the use of train horns at public crossings.

The Federal Railroad Administration (FRA) required pattern for blowing the horn is two long, one short, and one long sounding horn, repeated as necessary until the locomotive clears the crossing. Locomotive engineers retain the authority to vary this pattern as necessary for crossings in close proximity and are allowed to sound the horn in emergency situations.

The federal regulation concerning train horns is officially known as the FRA’s Final Rule on the Use of Locomotive Horns at Highway/Rail Grade Crossings and became effective June 24, 2005.

II. Texas Statutes: Texas Transportation Code, Section 471.006. USE OF BELL AND WHISTLE OR SIREN AT CROSSINGS; OFFENSE. (a) A railway company shall place on each locomotive: (1) a bell weighing at least 30 pounds; and (2) a , air whistle, or air siren. (b) The engineer in charge of the locomotive shall ring the bell and blow the whistle or siren at least one-quarter mile from the place where the railroad crosses a public road or street. The engineer shall continue to ring the bell until the locomotive has crossed the road or stopped. (c) The railway company is liable for any damages sustained by a person because of a violation of Subsection (a) or (b). (d) The engineer in charge of the locomotive commits an offense if the engineer violates Subsection (b). An offense under this subsection is a misdemeanor punishable by a fine of not less than $5 or more than $100. (e) Notwithstanding Subsections (a) and (b), the governing body of a municipality having a population of at least 5,000 may regulate by ordinance the ringing of bells and blowing of whistles and sirens within its limits. Compliance with the ordinance is compliance with those subsections and a sufficient warning to the public at a crossing the ordinance affects.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

III. Exceptions: Quiet Zones Federal regulations provide public authorities the option to maintain and/or establish quiet zones provided certain supplemental or alternative safety measures are in place and the crossing accident rate meets FRA standards. There are six types of quiet zones:  A Pre-Rule Quiet Zone (Full or Partial) is a quiet zone that was established before October 9, 1996, and in place as of December 18, 2003. (Cuero does not qualify)  An Intermediate Quiet Zone is a quiet zone that was established after October 9, 1996, but before December 18, 2003. (Cuero does not qualify)  New Quiet Zones are those that do not meet the criteria for Pre-Rule or Intermediate Quiet Zones.  Partial Quiet Zones are quiet zones where the horn is silenced for only a portion of the day, typically between the hours of 10 p.m. and 7 a.m.  Full Quiet Zones are zones where the horn is silenced 24 hours per day. In line with federal regulations, public authorities wanting to maintain Pre-Rule or Intermediate Quiet Zones were required to submit a Notice of Continuation in accordance with the rule by June 3, 2005. Failure to comply with this requirement will result in the sounding of the train horn beginning Friday, June 24, 2005, and continuing for 21 days from the date the Notice of Continuation is properly filed. (Does not apply to Cuero – no Pre-Rule or Intermediate Quiet Zones)

Public authorities wishing to establish New Quiet Zones must submit Notices of Intent and Establishment in accordance with the rule. Public authorities should refer to the Final Rule for specific guidelines on the quiet zone establishment process. The Final Rule and FRA explanatory materials can be found on the FRA’s website.

The Final Rule outlines two types of safety improvement options for upgrading a quiet zone to meet FRA safety standards:  Supplemental Safety Measures (SSMs) or  Alternative Safety Measures (ASMs).

Supplemental Safety Measures include the following:  Four-Quadrant Gate Systems  Medians or Channelization Devices  One-Way Streets with Gates  Permanent Closure

Alternative Safety Measures include:  Modified SSMs (i.e. Non-Complying Medians, Three-Quadrant Gates, etc.)  Engineered ASMs (i.e. Geometric Improvements)  Non-Engineered ASMs (i.e. Programmed Enforcement, Photo Enforcement, Education, etc.)

IV. Creating a New Quiet Zone Using SSMs

1. Select the crossings to be included in the New Quiet Zone. 2. A Quiet Zone may include highway-rail grade crossings on a segment of rail line crossing more than one political jurisdiction, or there may be roads within a particular area that are the responsibility of different entities (State or county roads within a town, for example). If the selected crossings are the responsibility of more than one entity, obtain the cooperation of all relevant jurisdictions. 3. A New Quiet Zone must be at least ½ mile in length along the railroad tracks. 4. A New Quiet Zone must have, at a minimum, flashing lights and gates in place at each public crossing. These must be equipped with constant warning time devices where reasonably practical, and power out indicators. Any necessary upgrades must be completed before calculating risk for the quiet zone. 5. Are there any private crossings within the proposed Quiet Zone? If any private crossings allow access to the public or provide access to active industrial or commercial sites, you must conduct a diagnostic team review of those crossings. Following the diagnostic review, you must comply with the diagnostic team’s recommendations concerning those crossings. 6. Update the USDOT Grade Crossing Inventory Form to reflect conditions at each public and private crossing; this update should be complete, accurate, and dated within 6 months prior to the Quiet Zone implementation. For instructions on how to complete the update, see the FRA website at http://www.fra.dot.gov/Content3.asp?P=801.

7. Using the FRA’s Quiet Zone Calculator, a web-based tool that can be found at http://safetydata.fra.dot.gov/quiet/ , determine whether the Quiet Zone Risk Index (QZRI) of the proposed Quiet Zone is less than or equal to the Nationwide Significant Risk Threshold (NSRT). If the QZRI is less than or equal to the NSRT, you can establish the Quiet Zone through public authority designation by completing the following steps: a. Install required signage at each crossing. (Refer to rule sections 222.25 and 222.35 for details.) b. Notify the parties listed in the rule. (Refer to rule section 222.43 for details.)

For New Quiet Zones, the baseline conditions for calculating risk require that the minimum required traffic control devices are in place. This first Inventory update, therefore, must be completed after the gates, lights, and signs are in place, but before the SSMs and other measures are implemented.

Note: Quiet Zones established by comparison to the NSRT are subject to annual FRA review. (Refer to rule section 222.51 for details.) Note: Periodic updates, including updated USDOT Grade Crossing Inventory Forms, must be submitted to FRA every 2.5-3 years. (Refer to rule section 222.47 for details.)

8. The step described above involves qualifying a quiet zone without implementing any Supplementary Safety Measures (SSMs) or Alternative Safety Measures (ASMs). If FRA’s Quiet Zone Calculator indicates that the proposed quiet zone will not qualify on that basis, install any measures that are needed. To qualify for Public Authority Designation, you must implement SSMs, build grade separations, close crossings, or install wayside horns.

Note: If you would like to implement any ASMs, their use must be approved in advance by FRA, in accordance with Appendix B of the rule. For guidance on ASM use, see Section IV, Creating Quiet Zones using Engineering Alternative Safety Measures (modified SSMs) or Section V, Creating Quiet Zones using Non-engineering Alternative Safety Measures.

9. If every public crossing in the proposed Quiet Zone is equipped with one or more SSMs, you can establish the Quiet Zone through public authority designation by completing the following steps:

a. Install required signage at each crossing. (Refer to rule sections 222.25 and 222.35 for details.) b. Update the National Grade Crossing Inventory to reflect current conditions at each public and private crossing within the Quiet Zone. c. Notify the parties listed in the rule. (Refer to rule section 222.43 for details.)

Note: Periodic updates, including updated USDOT Grade Crossing Inventory Forms, must be submitted to FRA every 4.5-5 years. (Refer to rule section 222.47 for details.)

10. If every public crossing is not equipped with an SSM, use FRA’s Quiet Zone Calculator to determine whether enough SSMs have been implemented to reduce the QZRI to the level of risk that would exist if the train horns were still sounded (RIWH). The Quiet Zone Calculator can be found at http://safetydata.fra.dot.gov/quiet/. If the QZRI is less than or equal to the RIWH, you can establish the Quiet Zone through public authority designation by completing the following steps:

11. Use FRA’s Quiet Zone Calculator to determine whether enough SSMs have been implemented to reduce the QZRI to the Nationwide Significant Risk Threshold (NSRT). The Quiet Zone Calculator can be found at http://safetydata.fra.dot.gov/quiet/. If the QZRI is less than or equal to the current NSRT, you can establish the Quiet Zone through public authority designation by completing the following steps: a. Install required signage at each crossing. (Refer to rule sections 222.25 and 222.35 for details.) b. Update the National Grade Crossing Inventory to reflect current conditions at each public and private crossing within the Quiet Zone. c. Notify the parties listed in the rule. (Refer to rule section 222.43 for details.)

Note: Quiet Zones established by comparison to the NSRT are subject to annual FRA review. (Refer to rule section 222.51 for details.)

Note: Periodic updates, including updated USDOT Grade Crossing Inventory Forms, must be submitted to FRA every 2.5-3 years. (Refer to rule section 222.47 for details.)

V. General Costs of Safety Measures

Establishing quiet zones not only creates a public safety risk but also is a potential cost burden to taxpayers. Public authorities are responsible for the cost of preliminary engineering, construction, maintenance and replacement of active warning devices or their components, including wayside horn systems installed at crossings to meet quiet zone standards.

Public authorities are required to guarantee reimbursement to the railroad for all actual costs associated with the installation and maintenance of the railroad improvements required for the quiet zone by means of a project agreement executed by the parties. This may include quiet zone warning devices, wayside horns or both.

Examples of costs (per crossing as estimated):

Median Barrier. In order to prevent drivers from deliberately driving around lowered railroad gates, a median barrier may be placed along the centerline of a roadway. A median barrier should project at least 100 feet in advance of the crossing gate on each side of the tracks. In certain cases, the median may be only 60 feet in length. The median barrier is the preferred quiet zone SSM device because it is the least expensive to install and maintain. It typically may be used unless there is an intersecting street or driveway nearby that will not allow sufficient length for a median to be placed. Typical cost range: $15,000-$30,000.

Wayside Horn System. Wayside horns may be used in lieu of the locomotive train horn. This device is a set of roadside mounted speakers that emit a train horn sound only in the vicinity of the crossing and directed toward the roadway. A dramatically smaller portion of the neighborhood hears this horn noise sound. The system includes a confirmation for the train engineer that provides an indication that the wayside horn system is functional. Typical cost range: $60,000-$80,000.

Four-Quadrant Gate System. The use of four sets of gates blocks vehicle passage on the entire roadway and effectively prohibits a motorist from driving around the gate. Typically, all four gates are lowered at the same time; however, as an additional safety feature, if a car is on the tracks the departure gate will raise until the car leaves the area. Vehicle sensors installed in the roadway at the crossing will automatically keep the gates raised until the car passes by. Typical cost range: $150,000-$500,000

Street Closure. A street closure eliminates the railroad crossing thereby removing the need for a train horn. If the street is not necessary for local needs or for emergency service vehicle access, and other nearby streets are suitable to provide traffic circulation, then the street can be considered for closure. Typical cost range $10,000 to $200,000. A closure may entail the installation of one barricade on each side of the track. However, some streets will require a cul-de-sac and right- of-way acquisition, which will increase the cost significantly.

Possible funding for City of Cuero railroad projects may be accomplished with Capital Improvement Project (CIP) funds, federal grant programs, or developer or private contributions. CIP Railroad Program funds and grant programs are intended to support projects initiated by the city. A private entity may initiate a quiet zone project at the City, and fund the project in its entirety. If a private entity provides complete project funding for installation and maintenance, then the project will be prioritized for installation.