DOT 49 CFR PART 222-2010 USE OF LOCOMOTIVE HORNS AT PUBLIC HIGHWAY-RAIL GRADE CROSSINGS.pdf

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1、291 Federal Railroad Administration, DOT 222.1 Section Violation Willful viola-tion 221.17 Movement of defective equipment (1) (1) 1A penalty may be assessed against an individual only for a willful violation. The Administrator reserves the right to as-sess a penalty of up to $100,000 for any violat

2、ion where cir-cumstances warrant. See 49 CFR part 209, appendix A. Where the conditions for movement of defective equipment set forth in 221.17 of this part are not met, the movement constitutes a violation of 221.13 of this part. 53 FR 52930, Dec. 29, 1988, as amended at 69 FR 62818, Oct. 28, 2004;

3、 73 FR 79702, Dec. 30, 2008 PART 222USE OF LOCOMOTIVE HORNS AT PUBLIC HIGHWAY- RAIL GRADE CROSSINGS Subpart AGeneral Sec. 222.1 What is the purpose of this regulation? 222.3 What areas does this regulation cover? 222.5 What railroads does this regulation apply to? 222.7 What is this regulations effe

4、ct on State and local laws and ordinances? 222.9 Definitions. 222.11 What are the penalties for failure to comply with this regulation? 222.13 Who is responsible for compliance? 222.15 How does one obtain a waiver of a provision of this regulation? 222.17 How can a State agency become a recognized S

5、tate agency? Subpart BUse of Locomotive Horns 222.21 When must a locomotive horn be used? 222.23 How does this regulation affect sounding of a horn during an emergency or other situations? 222.25 How does this rule affect private highway-rail grade crossings? 222.27 How does this rule affect pedestr

6、ian grade crossings? Subpart CExceptions to the Use of the Locomotive Horn 222.31 Reserved SILENCED HORNS AT INDIVIDUAL CROSSINGS 222.33 Can locomotive horns be silenced at an individual public highway-rail grade crossing which is not within a quiet zone? SILENCED HORNS AT GROUPS OF CROSSINGS QUIET

7、ZONES 222.35 What are minimum requirements for quiet zones? 222.37 Who may establish a quiet zone? 222.38 Can a quiet zone be created in the Chicago Region? 222.39 How is a quiet zone established? 222.41 How does this rule affect Pre-Rule Quiet Zones and Pre-Rule Partial Quiet Zones? 222.42 How does

8、 this rule affect Inter-mediate Quiet Zones and Intermediate Partial Quiet Zones? 222.43 What notices and other information are required to create or continue a quiet zone? 222.45 When is a railroad required to cease routine sounding of locomotive horns at crossings? 222.47 What periodic updates are

9、 required? 222.49 Who may file Grade Crossing Inven-tory Forms? 222.51 Under what conditions will quiet zone status be terminated? 222.53 What are the requirements for supple-mentary and alternative safety meas-ures? 222.55 How are new supplementary or alter-native safety measures approved? 222.57 C

10、an parties seek review of the Asso-ciate Administrators actions? 222.59 When may a wayside horn be used? APPENDIX A TO PART 222APPROVED SUPPLE-MENTARY SAFETY MEASURES APPENDIX B TO PART 222ALTERNATIVE SAFE-TY MEASURES APPENDIX C TO PART 222GUIDE TO ESTAB-LISHING QUIET ZONES APPENDIX D TO PART 222DET

11、ERMINING RISK LEVELS APPENDIX E TO PART 222REQUIREMENTS FOR WAYSIDE HORNS APPENDIX F TO PART 222DIAGNOSTIC TEAM CONSIDERATIONS APPENDIX G TO PART 222EXCESS RISK ESTI-MATES FOR PUBLIC HIGHWAY-RAIL GRADE CROSSINGS APPENDIX H TO PART 222SCHEDULE OF CIVIL PENALTIES AUTHORITY: 28 U.S.C. 2461, note; 49 U.

12、S.C. 20103, 20107, 20153, 21301, 21304; 49 CFR 1.49. SOURCE: 71 FR 47634, Aug. 17, 2006, unless otherwise noted. Subpart AGeneral 222.1 What is the purpose of this reg-ulation? The purpose of this part is to provide for safety at public highway-rail grade crossings by requiring locomotive horn use a

13、t public highway-rail grade cross-ings except in quiet zones established and maintained in accordance with this part. VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00301 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduct

14、ion or networking permitted without license from IHS-,-,-292 49 CFR Ch. II (10110 Edition) 222.3 222.3 What areas does this regulation cover? (a) This part prescribes standards for sounding locomotive horns when loco-motives approach and pass through public highway-rail grade crossings. This part al

15、so provides standards for the creation and maintenance of quiet zones within which locomotive horns need not be sounded. (b) The provisions of this part are separate and severable from one an-other. If any provision is stayed or de-termined to be invalid, it is the intent of FRA that the remaining p

16、rovisions shall continue in effect. (c) This part does not apply to any Chicago Region highway-rail grade crossing where the railroad was ex-cused from sounding the locomotive horn by the Illinois Commerce Com-mission, and where the railroad did not sound the horn, as of December 18, 2003. 222.5 Wha

17、t railroads does this regu-lation apply to? This part applies to all railroads ex-cept: (a) A railroad that exclusively oper-ates freight trains only on track which is not part of the general railroad sys-tem of transportation; (b) Passenger railroads that operate only on track which is not part of

18、the general railroad system of transpor-tation and that operate at a maximum speed of 15 miles per hour over public highway-rail grade crossings; and (c) Rapid transit operations within an urban area that are not connected to the general railroad system of trans-portation. See 49 CFR part 209, appen

19、-dix A for the definitive statement of the meaning of the preceding sentence. 222.7 What is this regulations effect on State and local laws and ordi-nances? (a) Except as provided in paragraph (b) of this section, issuance of this part preempts any State law, rule, regula-tion, or order governing th

20、e sounding of the locomotive horn at public high-way-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 high-way-rail grade crossing described in 222.3(

21、c) of this part. (c) Except as provided in 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 subse

22、quent to issuance of this part does not con-stitute 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 ap-propriate traffic control measures for that State, consistent with Fe

23、deral Highway Administration regulations and the MUTCD. However, except for the SSMs and ASMs implemented at highway-rail grade crossings described in 222.3(c) of this part, inclusion of SSMs and ASMs in this part does con-stitute federal preemption of State law concerning the sounding of the loco-m

24、otive horn in relation to the use of those measures. (e) Issuance of this part does not con-stitute federal preemption of adminis-trative procedures required under State law regarding the modification or installation of engineering improve-ments at highway-rail grade crossings. 222.9 Definitions. As

25、 used in this part Administrator means the Adminis-trator of the Federal Railroad Admin-istration or the Administrators dele-gate. Alternative safety measures (ASM) means a safety system or procedure, other than an SSM, established in ac-cordance with this part which is pro-vided by the appropriate

26、traffic control authority or law enforcement author-ity and which, after individual review and analysis by the Associate Adminis-trator, is determined to be an effective substitute for the locomotive horn in the prevention of highway-rail casual-ties at specific highway-rail grade crossings. Appendi

27、x B to this part lists such measures. Associate Administrator means the As-sociate Administrator for Safety of the Federal Railroad Administration or the Associate Administrators delegate. VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00302 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjo

28、nes on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-293 Federal Railroad Administration, DOT 222.9 Channelization device means a traffic separation system made up of a raised longitudinal channelizer, with vertical panels or

29、 tubular delineators, that is placed between opposing highway lanes designed to alert or guide traffic around an obstacle or to direct traffic in a particular direction. Tubular markers and vertical panels, as de-scribed in the MUTCD, are acceptable channelization devices for purposes of this part.

30、Additional design specifica-tions are determined by the standard traffic design specifications used by the governmental entity constructing the channelization device. Chicago Region means the following six counties in the State of Illinois: Cook, DuPage, Lake, Kane, McHenry and Will. Crossing Corrid

31、or Risk Index means a number reflecting a measure of risk to the motoring public at public grade crossings along a rail corridor, cal-culated in accordance with the proce-dures in appendix D of this part, rep-resenting the average risk at each pub-lic crossing within the corridor. This risk level is

32、 determined by averaging among all public crossings within the corridor, the product of the number of predicted collisions per year and the predicted likelihood and severity of casualties resulting from those colli-sions at each public crossing within the corridor. Diagnostic team as used in this pa

33、rt, means a group of knowledgeable rep-resentatives of parties of interest in a highway-rail grade crossing, organized by the public authority responsible for that crossing, who, using crossing safe-ty management principles, evaluate conditions at a grade crossing to make determinations or recommend

34、ations for the public authority concerning safety needs at that crossing. Effectiveness rate means a number be-tween zero and one which represents the reduction of the likelihood of a col-lision at a public highway-rail grade crossing as a result of the installation of an SSM or ASM when compared to

35、 the same crossing equipped with con-ventional active warning systems of flashing lights and gates. Zero effec-tiveness means that the SSM or ASM provides no reduction in the prob-ability of a collision, while an effec-tiveness rating of one means that the SSM or ASM is totally effective in eliminat

36、ing collision risk. Measure-ments between zero and one reflect the percentage by which the SSM or ASM reduces the probability of a collision. FRA means the Federal Railroad Ad-ministration. Grade Crossing Inventory Form means the U.S. DOT National Highway-Rail Grade Crossing Inventory Form, FRA Form

37、 F6180.71. This form is available through the FRAs Office of Safety, or on FRAs Web site at http:/ www.fra.dot.gov. Intermediate Partial Quiet Zone means a segment of a rail line within which is situated one or a number of consecu-tive public highway-rail grade cross-ings at which State statutes or

38、local ordinances restricted the routine sounding of locomotive horns for a specified period of time during the evening or nighttime hours, or at which locomotive horns did not sound due to formal or informal agreements between the community and the rail-road or railroads for a specified period of ti

39、me during the evening and/or nighttime hours, and at which such statutes, ordinances or agreements were in place and enforced or observed as of December 18, 2003, but not as of October 9, 1996. Intermediate Quiet Zone means a seg-ment of a rail line within which is situ-ated one or a number of conse

40、cutive public highway-rail grade crossings at which State statutes or local ordi-nances restricted the routine sounding of locomotive horns, or at which loco-motive horns did not sound due to for-mal or informal agreements between the community and the railroad or railroads, and at which such statut

41、es, ordinances or agreements were in place and enforced or observed as of Decem-ber 18, 2003, but not as of October 9, 1996. Locomotive means a piece of on-track equipment other than hi-rail, special-ized maintenance, or other similar equipment (1) With one or more propelling mo-tors designed for mo

42、ving other equip-ment; (2) With one or more propelling mo-tors designed to carry freight or pas-senger traffic or both; or VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00303 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo repr

43、oduction or networking permitted without license from IHS-,-,-294 49 CFR Ch. II (10110 Edition) 222.9 (3) Without propelling motors but with one or more control stands. Locomotive audible warning device means a horn, whistle, siren, or bell af-fixed to a locomotive that is capable of producing an au

44、dible signal. Locomotive horn means a locomotive air horn, steam whistle, or similar au-dible warning device (see 49 CFR 229.129) mounted on a locomotive or control cab car. The terms locomotive horn, train whistle, locomotive whistle, and train horn are used interchangeably in the railroad indus-tr

45、y. For purposes of this part, loco-motive horns used in rapid transit op-erations must be suitable for street usage and/or designed in accordance with State law requirements. Median means the portion of a di-vided highway separating the travel ways for traffic in opposite directions. MUTCD means the

46、 Manual on Uni-form Traffic Control Devices published by the Federal Highway Administra-tion. Nationwide Significant Risk Threshold means a number reflecting a measure of risk, calculated on a nationwide basis, which reflects the average level of risk to the motoring public at public highway-rail gr

47、ade crossings equipped with flashing lights and gates and at which locomotive horns are sounded. For purposes of this rule, a risk level above the Nationwide Significant Risk Threshold represents a significant risk with respect to loss of life or serious personal injury. The Nationwide Sig-nificant

48、Risk Threshold is calculated in accordance with the procedures in appendix D of this part. Unless other-wise indicated, references in this part to the Nationwide Significant Risk Threshold reflect its level as last pub-lished by FRA in the FEDERAL REG-ISTER. New Partial Quiet Zone means a seg-ment o

49、f a rail line within which is situ-ated one or a number of consecutive public highway-rail crossings at which locomotive horns are not routinely sounded between the hours of 10 p.m. and 7 a.m., but are routinely sounded during the remaining portion of the day, and which does not qualify as a Pre-Rule Partial Quiet Zone or an In-termediate Partial Quiet Zone. New Quiet Zone means a segment of a rail line within which is si