[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: 49CFR222.7]

[Page 263]
 
                        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 A_General
 
Sec. 222.7  What is this regulation's effect on State and local laws and 
ordinances?

    (a) Under 49 U.S.C. 20106, issuance of this part preempts any State 
law, rule, regulation, or order covering the same subject matter, except 
an additional or more stringent law, regulation, or order that is 
necessary to eliminate or reduce an essentially local safety hazard; is 
not incompatible with a law, regulation, or order of the United States 
government; and does not unreasonably burden interstate commerce. 
However, except as provided in Sec. 222.25, this part does not cover 
the subject matter of the routine sounding of locomotive horns at 
private highway-rail grade crossings.
    (b) Inclusion of SSMs and ASMs in this part or approved subsequent 
to issuance of this part does not constitute federal preemption of State 
law regarding whether those measures may be used for traffic control. 
Individual states may continue to determine whether specific 
Supplementary Safety Measures (SSMs) or Alternative Safety Measures 
(ASMs) are appropriate traffic control measures for that State, 
consistent with Federal Highway Administration regulations and the 
Manual on Uniform Traffic Control Devices (MUTCD). However, inclusion of 
SSMs and ASMs in this part does constitute federal preemption of State 
law concerning the sounding of train horns in relation to the use of 
those measures.