Regulatory Relief From Locomotive Horn Sounding Pattern at Public Highway-Rail Grade Crossings

Issuing agencies

Abstract

This final rule amends safety standards related to use of the locomotive horn to provide regulatory relief from the required pattern of sounding the locomotive horn in two long blasts, one short blast, and one long blast for locomotive engineers operating trains, locomotive consists, or individual locomotives that have stopped in close proximity to a public highway-rail grade crossing. This final rule allows locomotive engineers to vary the locomotive horn sounding pattern to one single blast of the horn as they enter the nearby public highway-rail grade crossing.

Full Text

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<title>Federal Register, Volume 91 Issue 167 (Monday, August 31, 2026)</title>
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[Federal Register Volume 91, Number 167 (Monday, August 31, 2026)]
[Rules and Regulations]
[Pages 55764-55767]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17783]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 222

[Docket No. FRA-2025-0121]
RIN 2130-AD39


Regulatory Relief From Locomotive Horn Sounding Pattern at Public 
Highway-Rail Grade Crossings

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: This final rule amends safety standards related to use of the 
locomotive horn to provide regulatory relief from the required pattern 
of sounding the locomotive horn in two long blasts, one short blast, 
and one long blast for locomotive engineers operating trains, 
locomotive consists, or individual locomotives that have stopped in 
close proximity to a public highway-rail grade crossing. This final 
rule allows locomotive engineers to vary the locomotive horn sounding 
pattern to one single blast of the horn as they enter the nearby public 
highway-rail grade crossing.

DATES: This rule is effective September 30, 2026.

FOR FURTHER INFORMATION CONTACT: James Payne, Staff Director, Grade 
Crossing and Trespasser Outreach Division, FRA, telephone: (202) 441-
2787, email: <a href="/cdn-cgi/l/email-protection#f8b299959d8bd6a89981969db89c978cd69f978e"><span class="__cf_email__" data-cfemail="5319323e36207d03322a3d3613373c277d343c25">[email&#160;protected]</span></a>; or Kathryn Gresham, Attorney Adviser, 
FRA, telephone: (202) 577-7142, email: <a href="/cdn-cgi/l/email-protection#bef5dfcad6ccc7d090f9ccdbcdd6dfd3fedad1ca90d9d1c8"><span class="__cf_email__" data-cfemail="115a70657963687f3f5663746279707c51757e653f767e67">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background and Comments Received in Response to the NPRM

    Consistent with Executive Order (E.O.) 14192, Unleashing Prosperity 
Through Deregulation (90 FR 9065, Feb. 6, 2025), and E.O. 14219, 
Ensuring Lawful Governance and Implementing the President's 
``Department of Government Efficiency'' Deregulatory Initiative (90 FR 
10583, Feb. 25, 2025), FRA is reviewing its regulatory requirements in 
49 CFR parts 200 through 299 and repealing requirements that are 
outdated and redundant.
    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.'' On July 1, 
2025, FRA published a notice of proposed rulemaking (NPRM) seeking to 
amend 49 CFR 222.21(d) to provide regulatory relief from the required 
horn sounding pattern of two long blasts, one short blast, and one long 
blast for locomotive engineers operating trains, locomotive consists, 
or individual locomotives that have stopped in close proximity to a 
public highway-rail grade crossing. 90 FR 28641 (July 1, 2025).
    Currently, paragraph (d) of Sec.  222.21 permits locomotive 
engineers operating trains, locomotive consists, or individual 
locomotives that have stopped in close proximity to a public highway-
rail grade crossing to approach the nearby crossing and sound the 
locomotive horn for less than the 15-second minimum horn sounding 
duration required by paragraph (b)(2) of that section. However, 
engineers operating this equipment that have stopped in close proximity 
to a public highway-rail grade crossing are not permitted to vary the 
horn sounding pattern of two long blasts, one short blast, and one long 
blast, unless the engineer is at a location where public highway-rail 
grade crossings are spaced closely together.\1\ Therefore, in the NPRM, 
FRA proposed to allow engineers operating trains, locomotive consists, 
or individual locomotives that have stopped in close proximity to a 
public highway-rail grade crossing to vary the required locomotive horn 
sounding pattern (to include providing one single blast of the 
locomotive horn) as they enter the nearby public highway-rail grade 
crossing.
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    \1\ See Sec.  222.21(a).
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    FRA received 12 comments in response to the NPRM.\2\ Nine comments 
were submitted anonymously \3\ and

[[Page 55765]]

eight of these anonymous comments supported the flexibility provided by 
the NPRM. One anonymous comment opposed the NPRM, expressing concern 
with the adequacy of the warning provided by a single blast of the 
locomotive horn. FRA also received a comment from an individual, self-
described as a person who has been living near a gated crossing for 
more than 30 years, in full support of the changes proposed in the 
NPRM.\4\
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    \2\ <a href="https://www.regulations.gov/docket/FRA-2025-0121/comments">https://www.regulations.gov/docket/FRA-2025-0121/comments</a>.
    \3\ <a href="https://www.regulations.gov/comment/FRA-2025-0121-0005">https://www.regulations.gov/comment/FRA-2025-0121-0005</a>; 
<a href="https://www.regulations.gov/comment/FRA-2025-0121-0006">https://www.regulations.gov/comment/FRA-2025-0121-0006</a>; <a href="https://www.regulations.gov/comment/FRA-2025-0121-0008">https://www.regulations.gov/comment/FRA-2025-0121-0008</a>; <a href="https://www.regulations.gov/comment/FRA-2025-0121-0009">https://www.regulations.gov/comment/FRA-2025-0121-0009</a>; <a href="https://www.regulations.gov/comment/FRA-2025-0121-0010">https://www.regulations.gov/comment/FRA-2025-0121-0010</a>; <a href="https://www.regulations.gov/comment/FRA-2025-0121-0002">https://www.regulations.gov/comment/FRA-2025-0121-0002</a>; <a href="https://www.regulations.gov/comment/FRA-2025-0121-0007">https://www.regulations.gov/comment/FRA-2025-0121-0007</a>; <a href="https://www.regulations.gov/comment/FRA-2025-0121-0011">https://www.regulations.gov/comment/FRA-2025-0121-0011</a>; <a href="https://www.regulations.gov/comment/FRA-2025-0121-0004">https://www.regulations.gov/comment/FRA-2025-0121-0004</a>.
    \4\ <a href="https://www.regulations.gov/comment/FRA-2025-0121-0003">https://www.regulations.gov/comment/FRA-2025-0121-0003</a>.
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    The Brotherhood of Locomotive Engineers and Trainmen (BLET) 
submitted comments in support of the flexibility proposed in the NPRM. 
Although BLET recommended that FRA retain the locomotive horn sounding 
pattern required by Sec.  222.21(a) as the default rule for use in most 
situations, BLET also commented that its locomotive engineer members 
``would welcome the allowance to use discretion to use one single horn 
blast when they enter onto a crossing at grade, after being stopped in 
close proximity.'' \5\
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    \5\ Docket No. FRA-2025-0121-0003, p. 1.
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    The Transportation Division of the International Association of 
Sheet Metal, Air, Rail and Transportation Workers (SMART-TD) submitted 
comments opposing the NPRM. SMART-TD noted that the horn sounding 
pattern required by Sec.  222.21(a) provides motorists, pedestrians, 
and communities with a predictable and recognizable warning that a 
train is approaching. The comment asserted that the proposed 
flexibility would introduce ambiguity and reduce the clarity of the 
warning provided at grade crossings. Further, SMART-TD challenged FRA's 
assertion that the NPRM would reduce burdens on railroads and 
surrounding communities, contending that the existing horn sounding 
pattern requirement carries no meaningful cost to railroads and that 
the changes proposed in the NPRM would weaken FRA's safety regulations 
and result in social and economic costs from increased collisions, 
injuries, fatalities, and subsequent litigation.\6\
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    \6\ Docket No. FRA-2025-0121-0013.
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    In response, FRA notes that Sec.  222.21 currently allows 
locomotive engineers to sound the locomotive horn for less than 15 
seconds in two very different scenarios. Locomotive engineers are 
permitted to sound the locomotive horn for less than 15 seconds when 
initiating movement after having been stopped in close proximity to a 
public highway-rail grade crossing.\7\ Locomotive engineers are also 
permitted to sound the locomotive horn for less than 15 seconds when 
traveling at speeds in excess of 60 miles per hour (mph) on approach to 
a public highway-rail grade crossing.\8\ Moreover, a commuter railroad 
obtained regulatory relief similar to the proposal through an FRA 
waiver permitting its train crews to vary the locomotive horn sounding 
pattern required by Sec.  222.21(a) when initiating train movement 
after having stopped at certain specified passenger stations located in 
close proximity to public highway-rail grade crossings.\9\ This waiver 
has been in effect since 2009 without negatively impacting public 
safety or the safety of railroad operations.
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    \7\ 49 CFR 222.21(d).
    \8\ 49 CFR 222.21(a)(3).
    \9\ Docket No. FRA-2008-0045 available at <a href="https://www.regulations.gov/docket/FRA-2008-0045">https://www.regulations.gov/docket/FRA-2008-0045</a>.
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    FRA disagrees with SMART-TD's assertion that the horn sounding 
pattern required by Sec.  222.21(a) carries no meaningful cost to 
railroads. Without the regulatory flexibility proposed, each entity 
seeking to vary the required locomotive horn sounding pattern by train 
crews would be required to prepare and submit a waiver petition for 
regulatory relief.
    SMART-TD also noted concern that the proposed language may create 
liability for locomotive engineers, who might be scapegoated in the 
event of a grade crossing collision. In response, FRA is amending Sec.  
222.21(d) to clarify that FRA is authorizing locomotive engineers to 
exercise their discretion when determining whether to vary the 
locomotive horn sounding pattern if the engineer can determine that the 
nearby public highway-rail grade crossing is not obstructed and, in the 
locomotive engineer's sole judgment, at least one of the conditions set 
forth in Sec.  222.21(d)(1) and (2) has been met.

II. Section-by-Section Analysis

    Please refer to the discussion in the NPRM, as FRA is generally 
adopting the rule text as proposed in the NPRM. 90 FR 28641 (July 1, 
2025). However, as noted above, in this final rule, FRA is adding the 
phrase, ``in the locomotive engineer's sole judgment'' to Sec.  
222.21(d) to clarify that FRA is authorizing locomotive engineers to 
exercise their discretion when determining whether to vary the 
locomotive horn sounding pattern when entering a nearby public highway-
rail grade crossing, after having stopped in close proximity to the 
crossing.
    FRA is also replacing the reference to ``conflicting highway 
movements'' in Sec.  222.21(d)(2) with ``conflicting motorist or 
pedestrian traffic'' to clarify that FRA expects locomotive engineers 
to look for motorists and pedestrians who may be approaching the nearby 
public highway-rail grade crossing. Thus, prior to exercising the 
discretion authorized by Sec.  222.21(d), locomotive engineers must 
determine that either the crossing gates at the nearby unobstructed 
public highway-rail grade crossing are fully lowered (in compliance 
with the condition set forth in Sec.  222.21(d)(1)) or there is no 
conflicting motorist or pedestrian traffic approaching the nearby 
unobstructed public highway-rail grade crossing (in compliance with the 
condition set forth in Sec.  222.21(d)(2)).

III. Regulatory Impact and Notices

A. Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    FRA has considered the impact of this final rule under E.O. 12866 
(58 FR 51735, Oct. 4, 1993), Regulatory Planning and Review, and DOT 
Regulatory Policies and Procedures.\10\ The Office of Information and 
Regulatory Affairs within the Office of Management and Budget (OMB) 
determined that this final rule is not a significant regulatory action 
under section 3(f) of E.O. 12866.
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    \10\ 49 CFR part 5; see also DOT Order 2100.6B, Policies and 
Procedures for Rulemakings, available at <a href="https://www.transportation.gov/regulations/dot-order-21006b-policies-and-procedures-rulemakings">https://www.transportation.gov/regulations/dot-order-21006b-policies-and-procedures-rulemakings</a>; DOT Order 2100.7, Ensuring Reliance Upon 
Sound Economic Analysis in Department of Transportation Policies, 
Programs, and Activities, available at <a href="https://www.transportation.gov/mission/ensuring-reliance-upon-sound-economic-analysis-department-transportation-policies-programs">https://www.transportation.gov/mission/ensuring-reliance-upon-sound-economic-analysis-department-transportation-policies-programs</a>.
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    FRA analyzed the potential costs and benefits of this final rule 
and concluded that it reduces the burden on railroads and communities 
by providing greater flexibility in rules concerning train horns near 
public highway-rail grade crossings. In addition, this final rule 
eliminates the need for railroads seeking to vary the mandatory 
locomotive horn sounding pattern to prepare and submit a waiver 
petition for regulatory relief to FRA.

B. Executive Order 14192 (Unleashing Prosperity Through Deregulation)

    E.O. 14192, Unleashing Prosperity Through Deregulation, requires 
that for ``each new [E.O. 14192 regulatory

[[Page 55766]]

action] issued, at least ten prior regulations be identified for 
elimination.'' \11\ Implementation guidance for E.O. 14192 issued by 
OMB (Memorandum M-25-20, March 26, 2025) defines two different types of 
E.O. 14192 actions: an E.O. 14192 deregulatory action, and an E.O. 
14192 regulatory action.\12\
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    \11\ Executive Office of the President, Executive Order 14192 of 
January 31, 2025, Unleashing Prosperity Through Deregulation, 90 FR 
9065-9067 (Feb. 6, 2025).
    \12\ 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 final 
rule is expected to have total costs less than zero, and therefore it 
is considered an E.O. 14192 deregulatory action. This final rule will 
provide additional flexibility for the use of train horns near public 
highway-rail grade crossings, and waivers will no longer be necessary 
for those railroads that otherwise would petition FRA for relief from 
such rules.

C. Regulatory Flexibility Act

    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)).
    No regulatory flexibility analysis is required, however, if the 
head of an Agency or an appropriate designee certifies that the rule 
will not have a significant economic impact on a substantial number of 
small entities. This final rule will allow for regulatory relief in 
certain situations from the pattern of horn soundings in FRA train horn 
regulation. By extending this regulatory relief, many regulated 
entities, including small entities, will experience benefits. Some 
small entities will experience cost savings from no longer having to 
submit waivers. Although some small entities may be impacted by this 
final rule, FRA does not anticipate that those impacts will be 
significant.
    Consequently, FRA certifies that this final rule will not have a 
significant economic impact on a substantial number of small entities.

D. Paperwork Reduction Act

    This final 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 January 19, 2026. The OMB Control Number 
is 2130-0560, and OMB approval expires on January 31, 2029.

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 5610.1D, FRA has determined that this rule is 
categorically excluded pursuant to 23 CFR 771.116(c)(15). 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.

F. Federalism Implications

    This final rule will 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 final rule will 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, Actions Concerning Regulations That Significantly 
Affect Energy Supply, Distribution, or Use (66 FR 28355, May 22, 2001), 
requires Federal agencies to prepare a Statement of Energy Effects for 
any ``significant energy action.'' \13\ FRA has evaluated this final 
rule in accordance with E.O. 13211 and determined that this final rule 
is not a ``significant energy action'' within the meaning of E.O. 
13211.
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    \13\ 66 FR 28355 (May 22, 2001).
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I. Executive Order 13175 (Tribal Consultation)

    FRA has evaluated this final rule in accordance with the principles 
and criteria contained in E.O. 13175, Consultation and Coordination 
with Indian Tribal Governments (65 FR 67249, Nov. 6, 2000). The final 
rule will not have a substantial direct effect on one or more Indian 
tribes, will not impose substantial direct compliance costs on Indian 
Tribal Governments, and will 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 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 final rule is purely domestic in nature and is not 
expected to affect trade opportunities for U.S. firms doing business 
overseas or for foreign firms doing business in the United States.

List of Subjects in 49 CFR Part 222

    Administrative practice and procedure, Locomotives, Railroad 
safety, Train horn.

The Final Rule

    For the reasons discussed in the preamble, FRA amends part 222 of 
chapter II, subtitle B of title 49, Code of Federal Regulations as 
follows:

PART 222--USE OF LOCOMOTIVE HORNS AT PUBLIC HIGHWAY-RAIL GRADE 
CROSSINGS

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.


[[Page 55767]]



0
2. Amend Sec.  222.21 by revising paragraph (d) to read as follows:


Sec.  222.21   When must a locomotive horn be used?

* * * * *
    (d) A locomotive engineer operating a train, locomotive consist, or 
individual locomotive that has stopped in close proximity to a public 
highway-rail grade crossing may approach the crossing and sound the 
horn for less than 15 seconds, and may vary the sounding pattern set 
forth in paragraph (a) of this section, before the train, locomotive 
consist, or locomotive enters the highway-rail grade crossing, if the 
locomotive engineer is able to determine that the public highway-rail 
grade crossing is not obstructed and, in the locomotive engineer's sole 
judgment, either:
    (1) The public highway-rail grade crossing is equipped with 
flashing lights and gates and the gates are fully lowered; or
    (2) There is no conflicting motorist or pedestrian traffic 
approaching the public highway-rail grade crossing.
* * * * *

    Issued in Washington, DC, under authority delegated in 49 CFR 
1.89.
David A. Fink,
Administrator.
[FR Doc. 2026-17783 Filed 8-28-26; 8:45 am]
BILLING CODE 4910-06-P


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