Proposed Rule2025-12157
Enhancing Railroad Discretion in Sounding Locomotive Horns at Passenger Stations
Primary source
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Published
July 1, 2025
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
FRA proposes to amend its safety standards related to the use of the locomotive horn to clarify that no Federal regulation requires a railroad to sound a locomotive horn because of the presence of a passenger station. The proposed rule would clarify that a railroad has discretion to determine policies for sounding a locomotive horn at a passenger station through railroad operating rules. The proposed rule would also provide that if a railroad decides to sound a locomotive horn at a passenger station, the minimum sound level requirements in FRA's Railroad Locomotive Safety Standards would not apply to the sound produced by the horn.
Full Text
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<title>Federal Register, Volume 90 Issue 124 (Tuesday, July 1, 2025)</title>
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[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Proposed Rules]
[Pages 28643-28646]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12157]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 222
[Docket No. FRA-2025-0128]
RIN 2130-AD18
Enhancing Railroad Discretion in Sounding Locomotive Horns at
Passenger Stations
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: FRA proposes to amend its safety standards related to the use
of the locomotive horn to clarify that no Federal regulation requires a
railroad to sound a locomotive horn because of the presence of a
passenger station. The proposed rule would clarify that a railroad has
discretion to determine policies for sounding a locomotive horn at a
passenger station through railroad operating rules. The proposed rule
would also provide that if a railroad decides to sound a locomotive
horn at a passenger station, the minimum sound level requirements in
FRA's Railroad Locomotive Safety Standards would not apply to the sound
produced by the horn.
DATES: Comments on the proposed rule must be received by September 2,
2025. FRA may consider comments received
[[Page 28644]]
after that date, but only to the extent practicable.
ADDRESSES:
Comments: Comments related to Docket No. FRA-2025-0128 may be
submitted by going to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and following the
online instructions for submitting comments.
Instructions: All submissions must include the agency name, docket
number (FRA-2025-0128), and Regulatory Identification Number (RIN) for
this rulemaking (2130-AD18). All comments received would be posted
without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>; this includes any
personal information. Please see the Privacy Act heading in the
SUPPLEMENTARY INFORMATION section of this document for Privacy Act
information related to any submitted comments or materials.
Docket: For access to the docket to read background documents or
comments received, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and follow the
online instructions for accessing the docket.
FOR FURTHER INFORMATION CONTACT: James Payne, Staff Director, Grade
Crossing and Trespasser Outreach, FRA, telephone: (202) 441-2787,
email: <a href="/cdn-cgi/l/email-protection#cd87aca0a8bee39dacb4a3a88da9a2b9e3aaa2bb"><span class="__cf_email__" data-cfemail="e7ad868a8294c9b7869e8982a7838893c9808891">[email protected]</span></a>; or Kathryn Gresham, Attorney Adviser, FRA,
telephone: (202) 577- 7142, email: <a href="/cdn-cgi/l/email-protection#84cfe5f0ecf6fdeaaac3f6e1f7ece5e9c4e0ebf0aae3ebf2"><span class="__cf_email__" data-cfemail="cf84aebba7bdb6a1e188bdaabca7aea28faba0bbe1a8a0b9">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
Consistent with the deregulatory agenda of President Donald J.
Trump and Secretary of Transportation Sean P. Duffy, which seeks to
unleash America's economic prosperity without compromising
transportation safety, FRA is reviewing its regulatory requirements in
parts 200 through 299 of title 49, Code of Federal Regulations (CFR).
The requirements related to the use of locomotive horns by FRA-
regulated entities are established in 49 CFR part 222, ``Use of
Locomotive Horns at Public Highway-Rail Grade Crossings.'' Although
part 222 focuses on the use of locomotive horns at public highway-rail
grade crossings, it also provides clarification regarding the use of
locomotive horns in emergencies and other situations. Some of the
requirements contained in part 222 could be updated to reduce burdens,
make technical or conforming changes, or otherwise adjust to advancing
technology without any adverse effect on railroad safety. The amendment
to part 222 proposed in this NPRM aims to address public concerns about
excessive horn sounding, to provide greater flexibility to railroads
regarding Federal requirements, and to eliminate any confusion by
clarifying that no Federal regulation requires the sounding of a
locomotive horn at a passenger station. Please review the Section-by-
Section Analysis below for the relevant information related to each
proposed change.
II. Section-by-Section Analysis
Section 222.9 Definitions
FRA proposes to add a definition of ``passenger station'' to mean a
location designated in a railroad's timetable where passengers are
regularly scheduled to get on or off any train, adopting the same
definition of ``passenger station'' in Sec. 238.5 of FRA's Passenger
Equipment Safety Standards. FRA proposes to add this definition to
clarify specific locations that are not subject to a Federal
requirement for sounding of the locomotive horn.
Section 222.23 How does this regulation affect sounding of a horn
during an emergency or other situations?
This proposed rule would revise the language of 49 CFR 222.23 to
clarify that no Federal regulation requires a railroad to sound a
locomotive horn because of the presence of a passenger station. Unless
other conditions or circumstances trigger Federal regulations requiring
the use of a locomotive horn, such as providing audible warning from
trains or locomotives that approach roadway workers and roadway
maintenance machines as required under 49 CFR 214.339, a railroad has
discretion over the decision to sound a locomotive horn at a passenger
station and the relevant railroad operating rules it adopts to address
such a situation. If a railroad decides to sound a locomotive horn at a
passenger station at its own discretion, under this proposed rule, the
minimum sound level requirements in 49 CFR 229.129(a) would not apply
to the sound produced by the horn.
Historically, railroads have sounded the locomotive horn at
passenger stations as one method of warning passengers of approaching
trains and safeguarding passenger movements at passenger stations. The
railroad industry has developed additional methods for providing such
warning to passengers and safeguarding their movements at passenger
stations, including advancements in station design, providing physical
separation of passengers from train movements, and providing other
forms of warnings and measures for increasing situational awareness,
including both audible and visual station announcements. In the context
of this more robust array of methods to warn passengers of approaching
trains and to safeguard passenger movements at passenger stations, and
in consideration that different methods may be employed depending on
whether trains are stopping at a station, moving through a station
without stopping, or moving over tracks adjacent to a station, the
proposed rule would enhance a railroad's discretion in using the
locomotive horn at passenger stations. FRA invites comment on the
effectiveness of current railroad operating rules and procedures that
address locomotive horn sounding at passenger stations and other
methods for ensuring safety at passenger stations.
III. Regulatory Impact and Notices
A. Executive Orders (E.O.) 12866 (Regulatory Planning and Review) and
DOT Regulatory Policies and Procedures
FRA has considered the impact of this NPRM under E.O. 12866 (58 FR
51735, Oct. 4, 1993), Regulatory Planning and Review, and DOT
Regulatory Policies and Procedures. The Office of Information and
Regulatory Affairs within the Office of Management and Budget (OMB)
determined that this NPRM is not a significant regulatory action under
section 3(f) of E.O. 12866.
FRA analyzed the potential costs and benefits of this proposed
rule. This proposed rule would provide transparency regarding Federal
locomotive horn sounding requirements and eliminate any confusion to
the public, rail labor organizations, and the rail industry by
clarifying that no Federal regulation requires the sounding of a
locomotive horn because of the presence of a passenger station.
Additionally, this proposed rule would allow railroads the discretion
to sound a locomotive horn without being subject to the minimum sound
level requirements for locomotive horns in 49 CFR part 229. This rule
would provide railroads greater flexibility to operate their businesses
without adversely impacting railroad safety.
B. E.O. 14192 (Unleashing Prosperity Through Deregulation)
E.O. 14192 (90 FR 9065, Jan. 31, 2025), Unleashing Prosperity
Through Deregulation, requires that for ``each new [E.O. 14192
regulatory action] issued, at least ten prior regulations be identified
for elimination.'' \1\
[[Page 28645]]
Implementation guidance for E.O. 14192 issued by OMB (Memorandum M-25-
20, Mar. 26, 2025) defines two different types of E.O. 14192 actions:
an E.O. 14192 deregulatory action, and an E.O. 14192 regulatory
action.\2\
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\1\ Executive Office of the President. Executive Order 14192 of
January 31, 2025. Unleashing Prosperity Through Deregulation. 90 FR
9065-9067. Feb. 6, 2025.
\2\ Executive Office of the President. Office of Management and
Budget. Guidance Implementing Section 3 of Executive Order 14192,
Titled ``Unleashing Prosperity Through Deregulation.'' Memorandum M-
25-20. Mar. 26, 2025.
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An E.O. 14192 deregulatory action is defined as ``an action that
has been finalized and has total costs less than zero.'' This proposed
rulemaking is expected to have total costs less than zero, and
therefore it would be considered an E.O. 14192 deregulatory action upon
issuance of a final rule. While FRA is confident that each change
proposed in this NPRM has a cost that is negligible or ``less than
zero'' consistent with E.O. 14192, FRA requests comment on the extent
of the cost savings for the changes proposed in this NPRM.
C. Regulatory Flexibility Act and E.O. 13272
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended
by the Small Business Regulatory Enforcement Fairness Act of 1996,\3\
requires Federal agencies to consider the effects of the regulatory
action on small business and other small entities and to minimize any
significant economic impact. Accordingly, DOT policy requires an
analysis of the impact of all regulations on small entities, and
mandates that agencies strive to lessen any adverse effects on these
businesses. The term small entities comprises small businesses and not-
for-profit organizations that are independently owned and operated and
are not dominant in their fields, and governmental jurisdictions with
populations of less than 50,000 (5 U.S.C. 601(6)).
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\3\ Public Law 104-121, 110 Stat. 857 (Mar. 29, 1996).
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No regulatory flexibility analysis is required, however, if the
head of an Agency or an appropriate designee certifies that the rule
would not have a significant economic impact on a substantial number of
small entities. This proposed rule would not preclude small entities
from continuing existing practices that comply with part 222 or another
Federal regulation; it merely offers flexibilities that could result in
cost savings, if a small entity or other regulated entity chooses to
utilize those flexibilities. By extending this regulatory relief, many
regulated entities, including small entities, would experience a cost
savings. Consequently, FRA certifies that the proposed action would not
have a significant economic impact on a substantial number of small
entities.
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857), FRA
wants to assist small entities in understanding this proposed rule so
they can better evaluate its effects on themselves and participate in
the rulemaking initiative. If the proposed rule would affect your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
consult the person listed under FOR FURTHER INFORMATION CONTACT.
D. Paperwork Reduction Act
This proposed rule offers regulatory flexibilities, and it contains
no new information collection requirements under the Paperwork
Reduction Act of 1995, 44 U.S.C. 3501 et seq., therefore, an
information collection submission to OMB is not required. The
recordkeeping and reporting requirements already contained in part 222
became effective when it was approved by OMB on November 09, 2022. The
OMB control number is 2130-0560, and OMB approval expires on November
30, 2025.
E. Environmental Assessment
FRA has analyzed this rule for the purposes of the National
Environmental Policy Act of 1969 (NEPA). In accordance with 42 U.S.C.
4336 and DOT NEPA Order 5610.1C, FRA has determined that this rule is
categorically excluded pursuant to 23 CFR 771.118(c)(4), ``[p]lanning
and administrative activities that do not involve or lead directly to
construction, such as: [p]romulgation of rules, regulations, and
directives.'' This rulemaking is not anticipated to result in any
environmental impacts, and there are no unusual or extraordinary
circumstances present in connection with this rulemaking.
Pursuant to Section 106 of the National Historic Preservation Act
and its implementing regulations, FRA has determined this undertaking
has no potential to affect historic properties. FRA has also determined
that this rulemaking does not approve a project resulting in a use of a
resource protected by Section 4(f).
F. Federalism Implications
This proposed rule would not have a substantial effect on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Thus, in accordance with E.O. 13132,
``Federalism'' (64 FR 43255, Aug. 10, 1999), preparation of a
Federalism Assessment is not warranted.
G. Unfunded Mandates Reform Act of 1995
This proposed rule would not result in the expenditure, in the
aggregate, of $100,000,000 or more, adjusted for inflation, in any one
year by State, local, or Indian Tribal governments, or the private
sector. Thus, consistent with section 202 of the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4, 2 U.S.C. 1532), FRA is not required
to prepare a written statement detailing the effect of such an
expenditure.
H. Energy Impact
E.O. 13211 requires Federal agencies to prepare a Statement of
Energy Effects for any ``significant energy action.'' \4\ FRA has
evaluated this proposed rule in accordance with E.O. 13211 and
determined that this proposed rule is not a ``significant energy
action'' within the meaning of E.O. 13211.
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\4\ 66 FR 28355 (May 22, 2001).
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I. E.O. 13175 (Tribal Consultation)
FRA has evaluated this proposed rule in accordance with the
principles and criteria contained in E.O. 13175, Consultation and
Coordination with Indian Tribal Governments, dated November 6, 2000.
The proposed rule would not have a substantial direct effect on one or
more Indian tribes, would not impose substantial direct compliance
costs on Indian tribal governments, and would not preempt tribal laws.
Therefore, the funding and consultation requirements of E.O. 13175 do
not apply, and a tribal summary impact statement is not required.
J. International Trade Impact Assessment
The Trade Agreement Act of 1979 \5\ prohibits Federal agencies from
engaging in any standards or related activities that create unnecessary
obstacles to the foreign commerce of the United States. Legitimate
domestic objectives, such as safety, are not considered unnecessary
obstacles. The statute also requires consideration of international
standards, and where appropriate, that they be the basis for U.S.
standards. This rulemaking is purely domestic in nature and is not
expected to affect trade opportunities
[[Page 28646]]
for U.S. firms doing business overseas or for foreign firms doing
business in the United States.
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\5\ 19 U.S.C. ch. 13.
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K. Privacy Act Statement
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, as described in
the system of records notice, DOT/ALL-14 FDMS, accessible through
<a href="http://www.transportation.gov/privacy">www.transportation.gov/privacy</a>. To facilitate comment tracking and
response, we encourage commenters to provide their name, or the name of
their organization; however, submission of names is completely
optional. Whether or not commenters identify themselves, all timely
comments would be fully considered. If you wish to provide comments
containing proprietary or confidential information, please contact the
agency for alternate submission instructions.
L. Rulemaking Summary
As required by 5 U.S.C. 553(b)(4), a summary of this rule can be
found at <a href="http://regulations.gov">regulations.gov</a>, Docket No. FRA-2025-0128, in the SUMMARY
section of this proposed rule.
List of Subjects in 49 CFR Part 222
Administrative practice and procedure, Locomotives, Railroad
safety, Train horn.
The Proposed Rule
For the reasons discussed in the preamble, FRA proposes to amend
part 222 of chapter II, subtitle B of title 49, Code of Federal
Regulations as follows:
0
1. The authority citation for part 222 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20153, 21301, 21304; 28
U.S.C. 2461 note; and 49 CFR 1.89.
0
2. Amend Sec. 222.9 by adding the definition of ``passenger station''
in alphabetical order to read as follows:
Sec. 222.9 Definitions
* * * * *
Passenger station means a location designated in a railroad's
timetable where passengers are regularly scheduled to get on or off any
train.
* * * * *
0
3. Amend Sec. 222.23 by adding paragraph (d) to read as follows:
Sec. 222.23 How does this regulation affect sounding of a horn during
an emergency or other situations?
* * * * *
(d) Nothing in this part requires the use of the locomotive horn at
a passenger station or for purposes other than highway-rail crossing
safety. Unless a Federal regulation requires the use of a locomotive
horn because of conditions present at a specific passenger station, the
decision to sound a locomotive horn is subject to railroad discretion
and railroad operating rules adopted under part 217 of this chapter. A
locomotive horn used pursuant to this discretion is not subject to the
minimum sound level requirement specified in 49 CFR 229.129(a).
Issued in Washington, DC.
Kyle D. Fields,
Chief Counsel.
[FR Doc. 2025-12157 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-06-P
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