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THE "TRAIN HORN" FINAL RULE Summary 1. Overview: Attachment B The Final Rule on Use of Locomotive Horns at Highway -Rail Grade Crossings, published in the Federal Register on April 27, 2005, is intended to: gzw;� Maintain a high level of public safety; gzw�l Respond to the varied concerns of many communities that have sought relief from unwanted horn noise; and gzw�l Take into consideration the interests of localities with existing whistle bans. • Currently, state laws and railroad operating rules govern use of the horn at highway -rail grade crossings. When this rule takes effect, it will determine when the horn is sounded at public crossings (and private crossings within "quiet zones "). • This Final Rule was mandated by laws, and was issued by the Federal Railroad Administration (FRA) after consideration of almost 1,400 public comments on the Interim Final Rule (IFR) (68 FR 70586) published December 18, 2003. • Consistent with the statutory mandate requiring its issuance, the rule requires that locomotive horns be sounded at public highway -rail grade crossings, but provides several exceptions to that requirement.2 • Local public authorities may designate or request approval of, quiet zones in which train horns may not be routinely sounded. The details for establishment of quiet zones differ depending on the type of quiet zone to be created (Pre -Rule or New) and the type of safety improvements implemented (if required). • Horns may continue to be silenced at Pre -Rule Quiet Zones, provided certain actions are taken. • Intermediate Quiet Zones (whistle bans that were implemented after October 9, 1996 but before December 18, 2003) may continue to have the horns silenced for one year (until June 24, 2006), provided certain actions are taken. After which time they must comply with the provisions for a New Quiet Zone if the horns are to remain silent. 149 U.S.C. 20153. Disclaimer: This is a summary of the Final Rule for initial briefing purposes only. Entities subject to the rule should refer to the rule text as published in the Federal Register on April 27, 2005.