[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR222.55]

[Page 275]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 222_USE OF LOCOMOTIVE HORNS AT PUBLIC HIGHWAY-RAIL GRADE CROSSINGS
--Table of Contents
 
         Subpart C_Exceptions to the Use of the Locomotive Horn
 
Sec. 222.55  How are new supplementary or alternative safety measures 
approved?

    (a) The Associate Administrator may add new SSMs and standards to 
appendix A and new ASMs and standards to appendix B of this part when 
the Associate Administrator determines that such measures or standards 
are an effective substitute for the locomotive horn in the prevention of 
collisions and casualties at public highway-rail grade crossings.
    (b) Interested parties may apply for approval from the Associate 
Administrator to demonstrate proposed new SSMs or ASMs to determine 
whether they are effective substitutes for the locomotive horn in the 
prevention of collisions and casualties at public highway-rail grade 
crossings.
    (c) The Associate Administrator may, after notice and opportunity 
for comment, order railroad carriers operating over a public highway-
rail grade crossing or crossings to temporarily cease the sounding of 
locomotive horns at such crossings to demonstrate proposed new SSMs or 
ASMs, provided that such proposed new SSMs or ASMs have been subject to 
prior testing and evaluation. In issuing such order, the Associate 
Administrator may impose any conditions or limitations on such use of 
the proposed new SSMs or ASMs which the Associate Administrator deems 
necessary in order to provide the level of safety at least equivalent to 
that provided by the locomotive horn.
    (d) Upon completion of a demonstration of proposed new SSMs or ASMs, 
interested parties may apply to the Associate Administrator for their 
approval. Applications for approval shall be in writing and shall 
include the following:
    (1) The name and address of the applicant;
    (2) A description and design of the proposed new SSM or ASM;
    (3) A description and results of the demonstration project in which 
the proposed SSMs or ASMs were tested;
    (4) Estimated costs of the proposed new SSM or ASM; and
    (5) Any other information deemed necessary.
    (e) If the Associate Administrator is satisfied that the proposed 
safety measure fully compensates for the absence of the warning provided 
by the locomotive horn, the Associate Administrator will approve its use 
as an SSM to be used in the same manner as the measures listed in 
Appendix A of this part, or the Associate Administrator, may approve its 
use as an ASM to be used in the same manner as the measures listed in 
Appendix B of this part. The Associate Administrator may impose any 
conditions or limitations on use of the SSMs or ASMs which the Associate 
Administrator deems necessary in order to provide the level of safety at 
least equivalent to that provided by the locomotive horn.
    (f) If the Associate Administrator approves a new SSM or ASM, the 
Associate Administrator will: notify the applicant, if any; publish 
notice of such action in the Federal Register; and add the measure to 
the list of approved SSMs or ASMs.
    (g) A public authority or other interested party may appeal to the 
Administrator from a decision by the Associate Administrator granting or 
denying an application for approval of a proposed SSM or ASM or the 
conditions or limitations imposed on its use in accordance with Sec. 
222.57 .