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Montclair Township

Continuation of Pre-Rule Quiet Zone

The Township of Montclair, NJ has had in effect a locomotive whistle ban for over 30 years, pursuant to which railroad operating companies do not sound whistles at any of our 12 grade crossings during the hours of 7 pm – 7 am.

March 15, 2005

Associate Administrator for Safety
Federal Railroad Administration
1120 Vermont Avenue, NW
Washington, DC 20590

Re: Montclair, N.J. Continuation of Pre-Rule Quiet Zone

Dear Sir :

The Township of Montclair, NJ has had in effect a locomotive whistle ban for over 30 years, pursuant to which railroad operating companies do not sound whistles at any of our 12 grade crossings during the hours of 7 pm – 7 am. Pursuant to Sections 222.41(b) and 222.43(a)(2)(ii) of the Interim Final Rule (the “Rule”) issued on December 18, 2003 by the Department of Transportation, Federal Railroad Administration, this letter is intended to comply with the notice procedure set forth therein for keeping in effect our whistle ban as a Pre-Rule Quiet Zone.

We intend to follow the procedure set forth in Section 222.41(b)(2) of the Rule for establishment of a New Quiet Zone and will furnish to the Associate Administrator our plan for Supplementary Safety Measures within the time periods set forth in Section 222.41(b)(2).

The notification requirements of Section 222.43(a)(3) of the Rule are attached as Appendices A, B and C-1 through C-6.

The submissions required by Section 222.43(b) of the Rule are attached as follows:

1.

Schedule 1 - Grade Crossing Inventory Form for each public and private highway-rail grade crossing within the Quiet Zone;

2.

Schedule 2 – Grade Crossing Inventory Form reflecting SSMs and ASMs in place upon establishment of Quiet Zone (not applicable);

3.

Schedule 3 – Name and title of person responsible for monitoring compliance with the requirements of Part 222 (Use of Locomotive Horns at Public Highway-Rail Grade Crossings) and manner in which such person can be contacted;

4. Schedule 4 – List of all parties notified in accordance with Section 222.43(a)(3), together with copies of certificates of service showing to whom and by what means the notice was provided;
5. Schedule 5 – Statement signed by Joseph Hartnett, Township Manager of Montclair, NJ, certifying that responsible officials of the public authority have reviewed documentation prepared by or for FRA, and filed in Docket No. FRA-1999-6439, sufficient to make an informed decision regarding the advisability of establishing the Quiet Zone; and
6. Schedule 6 - Statement signed by Joseph DiVincenzo, Essex County Executive, certifying that responsible officials of the public authority have reviewed documentation prepared by of for FRA, and filed in Docket No. FRA-1999-6439, sufficient to make an informed decision regarding the advisability of establishing the Quiet Zone.

Please do not hesitate to contact the undersigned at 973-509-4928 or Township Manager Joseph Hartnett (973-509-4926) if there are any questions or issues regarding our continuation of our Pre-Rule Quiet Zone.

Very truly yours,

Edward Remsen
Mayor, Township of Montclair

Cc: Montclair Township Council
George Warrington, Executive Director, New Jersey Transit
Jack Lettiere, Commissioner, New Jersey Department of Transportation
Joseph Hartnett, Township Manager, Township of Montclair
David Sabagh, Chief of Police, Township of Montclair
Kevin Allen, Acting Fire Chief, Township of Montclair
Joseph Divicenzo, Chief Executive, County of Essex, New Jersey
The County of Essex, New Jersey, which has control over the public highways that cross the railroad right of way at Grove Street and Normal Avenue in Montclair (see Appendix A), hereby agrees with and supports the action of Montclair, NJ, in continuing the Pre-Rule Quiet Zone. All the actions taken by the Township of Montclair in notifying interested parties and in preparing and submitting this notice should be construed to also be done by the County of Essex with respect to the grade crossings at Grove Street and Normal Avenue. The County of Essex hereby delegates its responsibility to monitor compliance with Section 222 to Joseph Hartnett, Township Manager of Montclair (see Schedule 3).