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DOT/FMCSA RIN: 2126-AC39 Publication ID: Spring 2021 
Title: Passenger and Hazardous Materials Vehicles and Railroad Highway Grade Crossings 

This rule would amend 49 CFR section 392.10 to allow drivers of buses and hazardous materials vehicles to obey active traffic control devices and supporting highway signage at actively controlled RRHG crossings, rather than stopping in every instance. The present rules were formulated at a time when most railroad grade crossings were un-gated. Since then, strides have been made to identify and control railroad grade crossings with sophisticated arm and light systems. FMCSA would also amend the related requirement found at 49 CFR section 392.11. This provision, also from 1937, requires commercial motor vehicles other than buses and HMVs to slow down when approaching railroad-highway grade crossings. While the safety risks of slowing down in highway traffic are less severe than those of stopping, this rule still contradicts modern traffic engineering practices, which hold that a smooth flow of the traffic prevents crashes.

Agency: Department of Transportation(DOT)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Yes  Unfunded Mandates: No 
CFR Citation: 49 CFR 392   
Legal Authority: Not Yet Determined   
Legal Deadline:  None
Action Date FR Cite
NPRM  08/00/2021 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL:   Public Comment URL:  
RIN Data Printed in the FR: No 
Agency Contact:
Marie Johnson
Department of Transportation
Federal Motor Carrier Safety Administration
1200 New Jersey Avenue SE,
Washington, DC 20590
Phone:404 327-7351