August 2003
Summary

The sounding of locomotive horns or whistles as trains approach highway-rail grade crossings has been used as a safety precaution by railroads since the late 1800's. "Whistle bans" have been established in some locations by local ordinance or through agreements with particular railroads. Unfortunately, the silencing of locomotive horns greatly increases the safety hazard to vehicles at grade crossings.

In 1994, Congress passed legislation that required FRA to issue regulations mandating the use of train horns at public grade crossings, with several exceptions. One exception allows communities to implement "supplementary safety measures" at grade crossings to compensate for train horn or whistle blowing. In 1995, FRA released a report on the national impacts of local whistle bans (updated in 2000) and conducted an extensive program of public outreach to make communities aware of the forthcoming rulemaking. FRA also sought information on supplementary safety measures that would support creating quiet zones in communities that were sensitive to train horn noise. FRA contacted more than 160 jurisdictions known to have whistle bans in place, and addressed forums comprised of State and local officials and community groups.

In January 2000, FRA published a Notice of Proposed Rulemaking (NPRM) on the use of locomotive horns. Written comments were received through May of that year, and FRA held 12 public hearings and a technical conference to receive oral comments. Almost 3,000 comments were received and reviewed by FRA for the NPRM and an accompanying draft environmental impact statement .

Status: FRA is currently preparing a final rule.