[Federal Register Volume 69, Number 224 (Monday, November 22, 2004)]
[Rules and Regulations]
[Pages 67858-67859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25900]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Parts 222 and 229

[Docket No. FRA-1999-6439, Notice No. 13]
RIN 2130-AA71


Use of Locomotive Horns at Highway-Rail Grade Crossings

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

[[Page 67859]]


ACTION: Interim final rule; change of effective date.

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SUMMARY: On December 18, 2003, FRA published an Interim Final Rule 
(IFR) in the Federal Register (68 FR 70586) addressing the use of 
locomotive horns at highway-rail grade crossings. As FRA was interested 
in receiving public comments on all aspects of the IFR, FRA held a 
public hearing in Washington, DC on February 4, 2004 and extended the 
comment period from the originally scheduled deadline of February 17, 
2004 to April 19, 2004. However, by the close of the extended comment 
period, FRA had received more than 1,400 comments on the IFR and 
Environmental Impact Statement. Given the extensive amount of time 
needed to review and analyze the comments received, FRA will be unable 
to issue a final rule before the IFR effective date of December 18, 
2004. Therefore, FRA is issuing this document to announce the change of 
the IFR effective date.

DATES: The effective date of the IFR published at 68 FR 70856 is 
changed from December 18, 2004 to April 1, 2005.

FOR FURTHER INFORMATION CONTACT: Ron Ries, Office of Safety, FRA, 1120 
Vermont Avenue, NW., Washington, DC 20590 (telephone (202) 493-6299); 
or Kathryn Shelton, Office of Chief Counsel, FRA, 1120 Vermont Avenue, 
NW., Washington, DC 20590 (telephone (202) 493-6038).

SUPPLEMENTARY INFORMATION: This document changes the IFR effective date 
to April 1, 2005. Therefore, any requirements imposed by the IFR that 
pertain to 49 CFR parts 222 and 229 and would have taken effect before 
April 1, 2005 need not be complied with before that date. This document 
does not, however, modify any IFR requirements that are scheduled to 
take effect on or after April 1, 2005.
    As the provisions of the IFR remain subject to further modification 
under the terms of the final rule, FRA intends to issue the final rule 
prior to April 1, 2005. Thus, this change of the IFR effective date 
will give public authorities additional time within which to establish 
the necessary conditions that will permit them to continue or establish 
quiet zones within their respective jurisdictions.
    In order to address the concerns of communities that have been 
anxiously awaiting the issuance of the final rule, the provisions of 
the final rule for quiet zone-related administrative matters will 
become effective 30 days after publication of the final rule. 
Therefore, public authorities will be permitted to submit quiet zone 
applications and/or notification packages 30 days after the final rule 
is published. However, the provisions of the final rule which require 
railroads to sound the locomotive horn when approaching and entering 
public highway-rail grade crossings will not take effect until April 1, 
2005. This delay should give communities additional time within which 
to come into compliance with the requirements of the final rule before 
routine locomotive horn sounding is initiated at public grade crossings 
within the area.

    Issued in Washington, DC, on November 17, 2004.
Betty Monro,
Acting Administrator.
[FR Doc. 04-25900 Filed 11-19-04; 8:45 am]
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