Enhancing Railroad Discretion in Sounding Locomotive Horns at Passenger Stations

Issuing agencies

Abstract

This final rule amends 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 final rule clarifies that a railroad has discretion to determine policies for sounding a locomotive horn at a passenger station through railroad operating rules. The final rule also provides 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 do not apply to the sound produced by the horn.

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 55762-55764]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17786]


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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: Final rule.

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SUMMARY: This final rule amends 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 final rule clarifies that a railroad has 
discretion to determine policies for sounding a locomotive horn at a 
passenger station through railroad operating rules. The final rule also 
provides 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 do not apply to the sound produced 
by the horn.

DATES: This rule is effective September 30, 2026.

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#87cde6eae2f4a9d7e6fee9e2c7e3e8f3a9e0e8f1"><span class="__cf_email__" data-cfemail="5d173c30382e730d3c2433381d393229733a322b">[email&#160;protected]</span></a>; or Kathryn Gresham, Attorney Adviser, FRA, 
telephone: (202) 577-7142, email: <a href="/cdn-cgi/l/email-protection#e2a983968a909b8ccca59087918a838fa2868d96cc858d94"><span class="__cf_email__" data-cfemail="99d2f8edf1ebe0f7b7deebfceaf1f8f4d9fdf6edb7fef6ef">[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.'' 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.
    On July 1, 2025, FRA published a notice of proposed rulemaking 
(NPRM) to clarify that no Federal regulation requires a railroad to 
sound a locomotive horn because of the presence of a passenger station 
and that a railroad has discretion to determine policies for sounding a 
locomotive horn at a passenger station through railroad operating 
rules. In addition, 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. 90 FR 28643 (July 1, 2025).
    In response to the NPRM, FRA received comments submitted by the 
Brotherhood of Locomotive Engineers and Trainmen (BLET) \1\ and the 
Transportation Division of the International Association of Sheet 
Metal, Air, Rail and Transportation Workers (SMART-TD).\2\ Although 
BLET supports the proposed rule and encourages FRA to implement a rule 
that is clear and unambiguous, BLET expresses concern whether 
permitting an exception to the locomotive horn sound level requirements 
in 49 CFR 229.129(a) would allow use of noncompliant locomotive train 
horns. In its comments, SMART-TD opposes the proposed rule and contends 
that the rule would increase the likelihood of public safety incidents, 
resulting in train crew trauma and psychological harm, as well as 
increased operational and economic costs. SMART-TD also contends that 
the rule would allow railroads to shield themselves from financial and 
other liability in the event of pedestrian strikes around passenger 
stations.
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    \1\ <a href="https://www.regulations.gov/comment/FRA-2025-0128-0002">https://www.regulations.gov/comment/FRA-2025-0128-0002</a>.
    \2\ <a href="https://www.regulations.gov/comment/FRA-2025-0128-0003">https://www.regulations.gov/comment/FRA-2025-0128-0003</a>.
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    In response to this feedback, FRA notes that the rule is intended 
to clarify existing discretion for railroads over locomotive horn use 
at passenger stations; it imposes no change on this existing 
discretion. Accordingly, there is no reason to expect any increase in 
public safety incidents in connection with railroads' exercise of this 
discretion whether to sound the locomotive horn at passenger stations 
under their own operating rules. Nor will a railroad's exercise of this 
discretion when sounding the locomotive horn under their operating 
rules make a railroad non-compliant with the requirements of 49 CFR 
229.129(a) if a railroad chooses to use a locomotive horn that emits a 
sound below the decibel level in Sec.  229.129(a). FRA clarifies that 
the locomotive must still be equipped with a horn that produces a 
minimum sound level in compliance with the requirements of Sec.  
229.129(a).
    As noted in the NPRM, 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. It is 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, 
that the rule will enhance a railroad's discretion in using the 
locomotive horn at passenger stations--not diminish railroad safety.

II. Section-by-Section Analysis

    Please refer to the discussion in the NPRM, as FRA has generally 
adopted the rule text as proposed in the NPRM. 90 FR 28643 (July 1, 
2025).
    In Sec.  222.23(d), FRA modified the proposed regulatory text by 
adding the words ``at a passenger station'' in the second sentence to 
clarify that the decision to sound a locomotive horn at a passenger 
station is subject to railroad discretion and railroad operating rules, 
as opposed to other locations where train horn sounding is required by 
FRA

[[Page 55763]]

regulation. The final rule text is otherwise as proposed in the NPRM.

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.\3\ 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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    \3\ 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. 
This final rule will 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. In addition, this final rule 
clarifies that railroads may exercise discretion to sound a locomotive 
horn in accordance with railroad operating rules without being subject 
to the minimum sound level requirement for locomotive horns in 49 CFR 
229.129(a). This rule provides railroads greater clarity regarding 
existing flexibility to operate their businesses without adversely 
impacting railroad safety.

B. E.O. 14192 (Unleashing Prosperity Through Deregulation)

    E.O. 14192, Unleashing Prosperity Through Deregulation, requires 
that for ``each new [E.O. 14192 regulatory action] issued, at least ten 
prior regulations be identified for elimination.'' \4\ 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.\5\
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    \4\ Executive Office of the President, Executive Order 14192 of 
January 31, 2025, Unleashing Prosperity Through Deregulation 90 FR 
9065-9067 (Feb. 6, 2025).
    \5\ Executive Office of the President, OMB. 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 it will 
therefore be considered an E.O. 14192 deregulatory action upon 
issuance.

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,\6\ 
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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    \6\ 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 
will not have a significant economic impact on a substantial number of 
small entities. This final rule will 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, will experience cost 
savings. 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.'' \7\ 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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    \7\ 66 FR 28355 (May 22, 2001).
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I. E.O. 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

[[Page 55764]]

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.


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 at a passenger station 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, under authority delegated in 49 CFR 
1.89.
David A. Fink,
Administrator.
[FR Doc. 2026-17786 Filed 8-28-26; 8:45 am]
BILLING CODE 4910-06-P


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