FW: Final Rule Use of Locomotive Horns at Grade Crossings

From: Gil Gore [mailto:gilgore@bletsr.org] Sent: Tuesday, September 05, 2006 2:19 PM To: All Local Chairmen BLET UP Southern Region GCA

Subject: Final Rule Use of Locomotive Horns at Grade Crossings

Brothers,

Attached you will find communications from Brother John Tolman VP-NLR of BLET providing notification of the final rule regarding horn sounding at grade crossings.

Attached you will find the following documents (Click on the hyperlinks below to view documents in PDF)

1. 08-29-06 Letter from VP-NLR Tolman (5358 Tolman – All Concerned 08-29-06.pdf)

2. Synopsis of CFR 222.21 – 222.25 – and 222.27 downloaded from FRA Website (CFR 222-21-25-27.pdf)

3. Summary of Changes to CFR 222 – 229 (Summary Changes 222 – 229.pdf)

4. Copy of the actual Regulation (CFR 222 – 229 Final Rule Horn 08-17-06.pdf)

I have also pasted a copy of the Synopsis below for your easy reference. Please be sure to read the disclaimer provided by FRA in the Summary.

If you have any questions, please feel free to contact me.

Fraternally,

Gil Gore

Disclaimer: This summary of changes in the amended final rule is for informational purposes only. Entities subject to the rule should refer to the rule text as published in the Federal Register on August 17, 2006. Should any portion of this summary conflict with the rule, the language of the rule shall govern.

Summary of Major Changes in the Amended Train Horn Final Rule

Locomotive Horn Sounding • The compliance date of the time-based locomotive horn sounding requirements has been extended to December 15, 2006. (Please refer to section 222.21(b) for more information.) • The locomotive horn must be sounded in a time-based manner at private and pedestrian crossings, if State law requires locomotive horn sounding at these crossings. (Please refer to sections 222.25 and 222.27 for more information.) • A “good faith” exception has been added to the 20-second maximum locomotive horn sounding requirement for locomotive engineers who are unable to precisely estimate their time of arrival at an upcoming grade crossing. (Please refer to section 222.21(b) for more information.) • An exception to the 15-second minimum locomotive horn sounding requirement has been added to the final rule for trains that resume movement after having been stopped in close proximity to a public highway-rail grade crossing. (Please refer to section 222.21(d) for more information.)

Locomotive Audible Warning Devices • Locomotive audible warning devices (other than the locomotive horn) must be sounded in a time-based manner at public, private and pedestrian crossings, if State law requires the sounding of locomotive audible warning devices at these crossings. (Please refer to sections 222.21(e), 222.25, and 222.27 for more information.)

Quiet Zone Notification Requirements • The public authority must provide a Notice of Intent before submitting an application for FRA approval of a quiet zone. (Please refer to section 222.39(b) for more information.) • Pre-Rule Quiet Zones and Pre-Rule Partial Quiet Zones: The public authority must submit a Notice of Intent by February 24, 2008 and a detailed plan for quiet zone improvements by June 24, 2008, in order to prevent the resumption of locomotive horn sounding on June 24, 2008. (Please refer to section 222.41(c) for more information.)

Locomotive Horn Sound Level Requirements • Locomotives used in rapid transit operations on the general railroad system are exempt from the locomotive horn sound level and testing requirements contained in section 229.129. (Please refer to section 229.129(d) for more information.) • The compliance deadline for sound level testing of new locomotives has been extended to September 18, 2006. (Please refer to section 229.129(b) for more information.) • The test site parameters for locomotive horn sound level testing have been revised. (Please refer to section 229.129(c)(5) for more information.) • The requirement to record air flow measurements taken during locomotive horn sound level testing has been removed. (Please refer to section 229.129(c)(10) for more information.) • The final rule has been revised to address sound level testing of replacement locomotive horns. (Please refer to section 229.129(b)(4) for more information.)