[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR222.55]



[Page 283-284]

 

                        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 of this part 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.



[[Page 284]]



    (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 of this part.