Subject: Train Noise Petition for Quiet Zone at Forest Glen Crossing

Dear Councilmember Perez and Vice President /Councilmember Silverman:

Rock Creek Hills Citizens' Association (RCHCA), in conjunction with the Capitol View Park Citizens' Association, would like to call your attention to an issue of previously expressed concern in our community. This issue has been dormant for over a year, but it is likely to come to the forefront over the next few months. This issue is one that Councilmember Perez' predecessor, Derick Berlage, had taken an active interest in, and about which he wrote to the Federal Railroad Administration (FRA) to seek assistance. Additional help was provided by Senator Barbara Mikulski, who was instrumental in obtaining a long-delayed reply to Councilmember Berlage from the FRA Administrator.

The issue can be summarized as follows. Existing Federal law requires trains to blow horns when approaching all public highway-rail grade crossings. This has long been viewed as necessary to prevent accidents at such crossings. However, for many communities, the sounding of train horns day and night, at extremely high decibel levels in densely populated neighborhoods, represents a severe intrusion into people's lives and adversely affects the quality of life. In recognition of communities' desire for noise relief, the 1994 Swift Rail Development Act provided an opportunity to obtain an exception to the train horn sounding requirement. Under proposed rules, officially-designated "quiet zones" can be established if communities adopt FRA-approved Supplemental Safety Measures (SSM) at crossings in such quiet zones as long as they "fully compensate for the absence of audible warnings provided by the locomotive horn".

In the process of learning about this issue in the spring of 2001, Councilmember Berlage put us in touch with officials of the County's Public Works and Transportation Department. The County's Transportation Chief, Mr. Anthony Ricchuiti, knows of our interest in this subject.

In May of 2001, a petition was circulated requesting consideration of establishing a quiet zone at the Forest Glen Crossing intersection in Silver Spring. This petition contained 390 signatures from residents affected by train horns at that intersection. The petition was sent to numerous public officials, including Councilmember Berlage, who proceeded to write a letter on May 29, 2001, to the FRA on our behalf, seeking guidance on the process of pursuing establishment of a quiet zone at this location. After months of no reply, Senator Mikulski's office sent another letter to the FRA requesting a response to Councilmember Berlage's letter. Finally, on October 22, 2001, FRA Administrator Rutter responded to Senator Mikulski. He apologized for the lack of response to Councilmember Berlage's letter, and went on to say that

"FRA is more than willing to work with the community of Kensington to determine the feasibility of a quiet zone at Forest Glen Road. However, until the proposed regulation regarding the sounding of train horns becomes final, there are no Federal regulations that would provide communities such as Kensington with the opportunity to implement quiet zones."

For various reasons, final regulations governing quiet zones have been delayed longer than expected. However, FRA's Office of Public Information now says that such regulations are likely to become final in the next few months. In anticipation of this, we would like to work with the County Council and other public officials in order to move this long-delayed effort forward as expeditiously as possible. Specifically, once the pending FRA regulations have been promulgated, RCHCA would like our public officials to promptly consider the feasibility and appropriateness of establishing a "quiet zone" at the Forest Glen Crossing intersection.

Attached are the following items for your consideration in this regard:

Letter from RCHCA to Chief Ricchuiti, November 30, 2000

Letter from Capitol View Park Citizens Association to Chief Ricchuiti, February 12, 2001

Response (via e-mail) from Chief Ricchuiti, May 7, 2001

Petition with Signatures, Tally of Results Thru May19, 2001

Letter from Councilmember Derick Berlage to FRA, May 29, 2001

Letters from Senator Barbara Mikulski to Councilmember Berlage and to FRA, September 4, 2001

Letter from Administrator Rutter to Senator Mikulski, October 22, 2001

Letter from Senator Mikulski to Councilmember Berlage, November 9, 2001

Letter from RCHCA to Montgomery County Federal Relations Coordinator, June 4, 2002

Federal Railroad Administration, Train Horn Rulemaking, Issues Summary, April 10, 2002

We look forward to addressing this issue with you in the near future. If you have any questions, I may be reached at 202-752-7085 during office hours, at 301-495-9821 in the evening, and by e-mail at jrosenberg@comcast.net.

Thank you very much for your time and consideration.

Sincerely,

Joseph I. Rosenberg

CC: US Senator Mikulski; US Senator Sarbanes; US Representative Van Hollen; MD State Delegate Madaleno; MD State Senator Grosfeld; Ms. Suzanne Langevin (Staff Assistant to Councilmember Silverman); Ms. Sara Morningstar (Federal Relations Coordinator for Montgomery County Council); Ms. Mary Alexander (Capital View Park Citizens Association); Ms. Karen Jaffe (RCHCA member)