222.33—Can locomotive horns be silenced at an individual public highway-rail grade crossing which is not within a quiet zone?
               		
               	 	
               	 	
               	 	               	 	               	 	               	 	               	 	
               	 	
    
        
        (a) 
         A railroad operating over an individual public highway-rail crossing may, at its discretion, cease the sounding of the locomotive horn if the locomotive speed is 15 miles per hour or less and train crew members, or appropriately equipped flaggers, as defined in  49 CFR 234.5, flag the crossing to  provide warning of approaching trains to motorists.
     
    
        
        (b) 
         This section does not apply where active grade crossing warning devices have malfunctioned and use of the horn is required by  49 CFR 234.105, 234.106, or 234.107.