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DOT/FRA RIN: 2130-AB93 Publication ID: Fall 2008 
Title: ●Roadway Worker Protection; Adjacent Track On-Track Safety 
Abstract: This rulemaking would simplify the determination regarding whether or not adjacent track protection is required for roadway work groups engaged in large-scale maintenance or construction, pursuant to 49 CFR part 214. The recent increase in roadway worker fatalities that have occurred on adjacent track has caused some concern at FRA and throughout the industry, even prompting the filing of a petition for emergency order. FRA issued a notice of safety advisory to address the issue in May of 2004; however, it appears that the effects were not long-lasting. FRA believes that the amendments FRA proposes to issue in this rulemaking are non-controversial in nature because they are based on the consensus language developed through the Roadway Worker Protection (RWP) Working Group of FRA's Railroad Safety Advisory Committee (RSAC). 
Agency: Department of Transportation(DOT)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 49 CFR 214   
Legal Authority: 49 USC 20103   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  07/17/2008  73 FR 41214   
NPRM Comment Period End  08/18/2008  73 FR 41214   
NPRM; Withdrawn  08/13/2008  73 FR 47124   
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: www.regulations.gov   Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Agency Contact:
Kathryn Gresham
Trial Attorney
Department of Transportation
Federal Railroad Administration
1200 New Jersey Avenue, SE,
Washington, DC 20590
Phone:202 493-6063
Email: kathryn.gresham@dot.gov