[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR222.7]

[Page 279]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 222_USE OF LOCOMOTIVE HORNS AT PUBLIC HIGHWAY-RAIL GRADE CROSSINGS--Table 
 
                            Subpart A_General
 
Sec.  222.7  What is this regulation's effect on State and local laws and 

ordinances?

    (a) Except as provided in paragraph (b) of this section, issuance of 
this part preempts any State law, rule, regulation, or order governing 
the sounding of the locomotive horn at public highway-rail grade 
crossings, in accordance with 49 U.S.C. 20106.
    (b) This part does not preempt any State law, rule, regulation, or 
order governing the sounding of locomotive audible warning devices at 
any highway-rail grade crossing described in Sec.  222.3(c) of this 
part.
    (c) Except as provided in Sec. Sec.  222.25 and 222.27, this part 
does not preempt any State law, rule, regulation, or order governing the 
sounding of locomotive horns at private highway-rail grade crossings or 
pedestrian crossings.
    (d) 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 SSMs or 
ASMs are appropriate traffic control measures for that State, consistent 
with Federal Highway Administration regulations and the MUTCD. However, 
except for the SSMs and ASMs implemented at highway-rail grade crossings 
described in Sec.  222.3(c) of this part, inclusion of SSMs and ASMs in 
this part does constitute federal preemption of State law concerning the 
sounding of the locomotive horn in relation to the use of those 
measures.
    (e) Issuance of this part does not constitute federal preemption of 
administrative procedures required under State law regarding the 
modification or installation of engineering improvements at highway-rail 
grade crossings.