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Quiet Zones 101: Regulations

What is the Federal Register?

The Federal Register is the official daily journal of the federal government of the United States. It is published by the Office of the Federal Register (OFR), part of the National Archives and Records Administration (NARA), and serves as the main way the government communicates changes, proposals, and other actions to the public including information about Quiet Zones.

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Here's what you can typically find in the Federal Register:

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1. Proposed Rules

  • These are draft regulations that federal agencies are considering. The public often has the opportunity to comment on these proposals before they are finalized.

2. Final Rules

  • These are regulations that have gone through the review and comment process and are being put into effect. Once published, they usually take on the force of law.

3. Public Notices

  • These include announcements of meetings, policy statements, grant opportunities, and other important communications from federal agencies.

4. Presidential Documents

  • These include executive orders, proclamations, and other presidential directives.

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The Federal Register is essential for transparency in the rulemaking process, allowing citizens and organizations to stay informed about and participate in federal policymaking.

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​You can access the Federal Register online here: https://www.federalregister.gov/

What is the Code of Federal Regulations (CFR) and Electronic Code of Federal Regulations (eCFR)?

The Electronic Code of Federal Regulations (eCFR) is an online version of the Code of Federal Regulations (CFR), which is the official compilation of all the general and permanent rules and regulations issued by federal agencies. Unlike the Federal Register, which publishes new rules, proposed rules, and notices daily, the CFR organizes these rules and regulations by subject in a codified, structured format.

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Here's a breakdown of the eCFR:

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1. Accessible Online

  • The eCFR is available on the web and is continuously updated to reflect new regulations and amendments, making it more current than the printed version of the CFR.

2. Subject Organization

  • The eCFR is divided into 50 titles, each covering a specific area, such as labor, the environment, and transportation. Each title is further divided into chapters, parts, and sections, organizing regulations by subject for easy reference.

3. Updated in Real-Time

  • Unlike the annual printed CFR, the eCFR is updated in real-time, so it reflects the most recent version of regulations as they are amended in the Federal Register.

4. Non-Official Legal Status

  • While the eCFR is accurate and up-to-date, it’s not considered the official legal version. The official printed version of the CFR, published annually, is the legally binding version.

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The eCFR is a valuable resource for anyone needing easy, organized access to current federal regulations, and it supports transparency and public engagement in regulatory matters.

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You can access the Quiet Zone related regulation of the eCFR here:  https://www.ecfr.gov/current/title-49/subtitle-B/chapter-II/part-222

Title 49 CFR Part 222 -- Use of Locomotive Horns at Public Highway-Rail Grade Crossings

Title 49 CFR Part 222 outlines the federal regulations for the use of locomotive horns at public highway-rail grade crossings in the United States. This regulation, often referred to as the "Train Horn Rule," covers the following key points:

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1. Locomotive Horn Use

  • Requires trains to sound their horns as they approach public crossings, with specific timing and volume requirements to warn drivers and pedestrians.

2. Quiet Zones

  • Allows communities to establish "quiet zones" where train horns are not routinely sounded. To create a quiet zone, communities must implement additional safety measures (e.g., gates, barriers) to compensate for the absence of horns and reduce collision risks.

3. Supplemental Safety Measures (SSMs)

  • Defines approved safety measures that can be used in quiet zones to maintain or improve safety, such as four-quadrant gates, medians, or crossing closures.

4. Wayside Horns

  • ​Permits the use of stationary "wayside horns" at crossings as an alternative to locomotive horns. These horns direct sound specifically at road traffic, reducing noise pollution in surrounding areas.

5. Public Notification and Compliance

  • Outlines requirements for public notification when a quiet zone is established or altered, and specifies that communities are responsible for compliance with federal requirements to ensure safety at crossings without routine horn use.

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Overall, Title 49 CFR Part 222 seeks to balance the need for public safety with the desire of communities to reduce train noise in populated areas.

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You can review Title 49 CFR Part 222 here: 

https://www.ecfr.gov/current/title-49/subtitle-B/chapter-II/part-222

Title 23 CFR 655 Subpart F -- Traffic Control Devices on Federal-Aid and Other Streets and Highways

Title 23 CFR 655 Subpart F outlines the federal requirements for traffic control devices on all public roads in the United States. Specifically, it governs the Manual on Uniform Traffic Control Devices (MUTCD), including the following key points:

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1. National Standards

  • Establishes the MUTCD as the national standard for all road signs, signals, and pavement markings on public roads, ensuring consistency across the country.

2. Applicability

  • Requires that all traffic control devices installed on public roads, regardless of jurisdiction, adhere to MUTCD standards to qualify for federal funding.

3. State Adoption

  • Mandates that each state adopt the MUTCD or develop a state manual that is in "substantial conformance" with the MUTCD, allowing for minor adaptations while maintaining overall consistency.

4. Review and Updates

  • Provides a framework for the periodic review and revision of the MUTCD, allowing the Federal Highway Administration (FHWA) to incorporate new research, technology, and safety practices.

5. Guidance for Installation and Maintenance

  • Sets general guidelines for the installation, maintenance, and management of traffic control devices to promote safety and efficiency on public roads.

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Overall, Title 23 CFR 655 Subpart F ensures a uniform approach to traffic control devices nationwide, promoting road safety and helping maintain eligibility for federal transportation funding.

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You can review Title 23 CFR 655 Subpart F here: 

https://www.ecfr.gov/current/title-23/chapter-I/subchapter-G/part-655/subpart-F

What is the Manual on Uniform Traffic Control Devices (MUTCD)?

The Manual on Uniform Traffic Control Devices (MUTCD) is a document published by the Federal Highway Administration (FHWA) that defines the standards for all road signs, traffic signals, pavement markings, and other traffic control devices in the United States. The purpose of the MUTCD is to ensure consistency in traffic control devices across the country, promoting road safety and efficiency.

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Here's a breakdown of key aspects of the MUTCD:

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1. Uniform Standards

  • The MUTCD establishes uniform standards for the design, placement, and maintenance of traffic control devices. This helps ensure that drivers encounter similar signs, signals, and markings no matter where they travel in the U.S., reducing confusion and enhancing safety.

2. Applicability

  • The standards in the MUTCD apply to all public roads, including highways, streets, and roads maintained by both federal and local government agencies. Some private roads that are open to public travel may also adopt MUTCD standards.

3. Types of Traffic Control Devices

  • The MUTCD covers a wide range of devices, including:

    • Regulatory signs (e.g., stop signs, speed limit signs)

    • Warning signs (e.g., curve warnings, pedestrian crossings)

    • Guide signs (e.g., destination markers, street name signs)

    • Traffic signals (e.g., red/yellow/green lights, pedestrian signals)

    • Pavement markings (e.g., lane lines, crosswalks, stop bars)

4. Periodic Updates

  • The MUTCD is periodically updated to incorporate new research, technologies, and road safety best practices. Updates are open for public comment, allowing input from transportation professionals, local governments, and the public.

5. Legal Authority

  • While the MUTCD is a national standard, each state has the authority to adopt it as part of its own regulations, often with some modifications to meet local needs. States are required to follow MUTCD standards to receive federal funding for roadways.

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The MUTCD is crucial for achieving a uniform approach to traffic control, which helps reduce crashes, improve traffic flow, and enhance overall road safety for drivers, cyclists, and pedestrians alike.

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You can reivew the current MUTCD here: 

https://mutcd.fhwa.dot.gov/kno_11th_Edition.htm

How does this all fit together? 

Understanding how these regulatory sources fit together will help you see the full regulatory picture and understand your responsibilities in navigating this complex landscape. To summarize how these all fit together:

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1. Federal Register

  • This is where new or proposed regulations and updates are published, serving as the "news" feed for all federal regulatory actions, including updates to train horn regulations and related transportation safety requirements. For city employees, the Federal Register is crucial for staying current on rule changes, proposed amendments, and public notices relevant to quiet zones. By following it, they can anticipate changes and participate in the regulatory process.

2. Code of Federal Regulations (CFR) and Electronic Code of Federal Regulations (eCFR)

  • After rules are finalized (which first appear in the Federal Register), they are organized by subject in the CFR, accessible in real-time via the eCFR. For quiet zones, Title 49 CFR Part 222 is particularly important because it codifies the requirements for train horn use and safety measures needed to establish and maintain quiet zones. This provides the authoritative source for the rules city employees must follow.

3. Title 49 CFR Part 222

  • This specific part within the CFR is the go-to guide for quiet zone regulations, detailing how locomotive horns should be used and the standards for establishing quiet zones. It covers essential elements like locomotive horn requirements, supplemental safety measures (SSMs), and wayside horns. By referencing Title 49 CFR Part 222, city employees can understand the compliance measures needed to maintain quiet zones legally and safely.

4. Title 23 CFR 655 Subpart F and the Manual on Uniform Traffic Control Devices (MUTCD)

  • While Title 49 CFR Part 222 addresses train horn and quiet zone rules, Title 23 CFR 655 Subpart F establishes MUTCD as the national standard for traffic control devices, which is directly relevant when implementing SSMs like four-quadrant gates and medians. Adhering to MUTCD ensures these devices meet national standards for visibility, durability, and effectiveness in quiet zones. Without following MUTCD standards, cities risk non-compliance, which could jeopardize federal funding eligibility and compromise safety.

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In essence, the Federal Register informs city employees about new and changing regulations, the CFR and eCFR provide the legal framework for compliance, and the MUTCD and its associated regulations under Title 23 ensure that the traffic control measures meet uniform safety standards. Together, they form an interlocking framework that ensures quiet zones are established in a safe, compliant, and transparent manner, balancing community needs for reduced noise with public safety.

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