AboutChris Holliday Expertise Questions related to contemporary passenger rail vehicles and their technology, including subway, light rail, commuter and intercity rolling stock. Includes all vehicle systems and features along with integration of the vehicles into the general railroad system.
Experience I have over 22 years of experience in the passenger rail vehicle business as both an engineering manager at a car builder and as a provider of engineering services to commuter railroads and transit agencies in the US. I have worked to apply the latest technologies to passanger rail equipment. I have worked with leaders in our industry to develop and establish Standards and Recommended practices.
Expert: Chris Holliday Date: 7/11/2008 Subject: Creating a Quiet Zone for a private entity
Question Chris, I have been asked to research establishing a quiet zone for a private, instead of public entity. I work for the Options Clearing Corporation and we have an office in the City of Fort Worth, Texas. We have railroad tracks just outside the front of our office and we have a private drive that crosses the tracks to get in/out of our parking lot. Each day, trains pass along the tracks with a very loud warning whistle as they approach the private drive. There is also a public intersection located about 1/4 mile up the road that also triggers a loud warning whistle from the train. My questions are:
1) How can a private entity petition for a quiet zone, i.e., who would we need to contact in order to explore the process?
2) Does our company, OCC, as a private entity have standing to file a request for a quiet zone, or do we need to convince the city of Fort Worth, for example, to file a petition on our behalf?
3) To whom should OCC send such a petition, i.e., how do we get started?
I know that is a lot of specific questions, but I haven't been able to find more specific information on the subject. I have researched links that you have provided to others but I am still unsure how to get the ball rolling. Please, any information you find would be very much appreciated. Thank you! -Sarah-
Answer Thanks for your question.
For a privately owned grade crossing, State law would usually apply. If the grade crossing is a public road, the Federal Railroad Administration (FRA) has jurisdiction.
The FRA does not require horn soundings at private crossings, however there may be local or state requirements that do. You may be able to petition the railroad who owns the track requesting that they not sound the horn when crossing your private road, but you will still need to go through the FRA waiver process to affect any change at the nearby public grade crossing. You did not mention who owns the rails in question, but that railroad is definitely an involved party if you intend to proceed on establishing a Quiet Zone.
For the public grade crossing, the process to apply for a Quiet Zone waiver ultimately involves making a waiver application to the FRA. Such an application is less likely to be granted if it represents only a single private company or entity. I would hope that you have nearby neighbors who share your desire to establish a quiet zone, as you will be better served to include them in the process of seeking a quiet zone waiver.
Where I live here in Pennsylvania, our State Senator would be very supportive of a request for assistance in preparing a quiet zone waiver application if it represents the best interests and desires of the involved community. In your case, you and your neighbors may want to approach the appropriate Fort Worth city representative. The staffers at the local offices of these elected officials are actually very interested in assisting constituents in accessing government processes and services. I would anticipate their support if you approached them as a single private firm, but they would be even more motivated if you can include your neighbors in the process.
You should indeed seek to involve the city or state agencies in your waiver application because the FRA will more seriously consider the interests of communities, rather than individuals in looking at these waivers.
You seem to have an understanding of the quiet zone waiver process, however, I will include these two links incase they are of use in providing background information:
You will see that in order to be considered for a waiver, the overall safety of the grade crossings in question must not be degraded by the elimination of the horn sounding. That would likely mean the addition of safety or warning features at the grade crossings in question. This is why you really want to involve the local government in this process and if at all possible, obtain the cooperation of the owning railroad.
In answer to your final question, I would suggest that you or someone in your organization contact your State or US Senator’s local office and explain your situation to the staff there. If you can let them know that you are petitioning on behalf of not only yourself, but other adjacent business and home owners, you will find the staffers very helpful in putting forth your waiver application through the appropriate government entity to the FRA.
Like many things involving the government, these processes are neither simple, nor quick
I hope this information is of use to you. Good luck!
