Proposed Rule2026-06013
Railroad Grade Crossings; Stopping Required: Exception for Railroad Grade Crossing Equipped With Active Warning Device Not in Activated State
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 27, 2026
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
This notification of data availability (NODA) is to alert interested parties about information that FMCSA believes may be relevant to this proceeding. This NODA identifies information the Agency has developed and provides an opportunity for public comment. The Agency may consider this information in preparation of further regulatory action.
Full Text
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<title>Federal Register, Volume 91 Issue 59 (Friday, March 27, 2026)</title>
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[Federal Register Volume 91, Number 59 (Friday, March 27, 2026)]
[Proposed Rules]
[Pages 14803-14804]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06013]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 392
[Docket No. FMCSA-2021-0050]
RIN 2126-AC39
Railroad Grade Crossings; Stopping Required: Exception for
Railroad Grade Crossing Equipped With Active Warning Device Not in
Activated State
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notification of data availability; request for comments.
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SUMMARY: This notification of data availability (NODA) is to alert
interested parties about information that FMCSA believes may be
relevant to this proceeding. This NODA identifies information the
Agency has developed and provides an opportunity for public comment.
The Agency may consider this information in preparation of further
regulatory action.
DATES: Comments must be received by April 27, 2026.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2021-0050 using any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov/docket/FMCSA-2021-0050/document">https://www.regulations.gov/docket/FMCSA-2021-0050/document</a>. Follow the online
instructions for submitting comments.
<bullet> Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, W58-213, Washington, DC
20590-0001.
<bullet> Hand Delivery or Courier: Dockets Operations, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, W58-213,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. To be sure someone is there to help
you, please call (202) 366-9317 or (202) 366-9826 before visiting
Dockets Operations.
<bullet> Fax: (202) 493-2251.
FOR FURTHER INFORMATION CONTACT: Ms. Melissa Williams, Hazardous
Materials Division, Office of Enforcement and Compliance, FMCSA, 1200
New Jersey Ave. SE, Washington, DC 20590-0001, (202) 366-4163,
<a href="/cdn-cgi/l/email-protection#83eee6efeaf0f0e2adf4eaefefeae2eef0c3e7ecf7ade4ecf5"><span class="__cf_email__" data-cfemail="e58880898c969684cb928c89898c848896a5818a91cb828a93">[email protected]</span></a>. If you have questions on viewing or
submitting material to the docket, call Dockets Operations at (202)
366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
A. Submitting Comments
If you submit a comment, please include the docket number for this
proceeding (FMCSA-2021-0050), indicate the specific section of this
document to which your comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online or by fax, mail, or hand delivery, but please use only one of
these means. FMCSA recommends that you include your name and a mailing
address, an email address, or a phone number in the body of your
document so FMCSA can contact you if there are questions regarding your
submission. To submit your comment online, go to <a href="https://www.regulations.gov/docket/FMCSA-2021-0050/document">https://www.regulations.gov/docket/FMCSA-2021-0050/document</a>, click on this
NODA, click ``Comment,'' and type your comment into the text box on the
following screen. If you submit your comments by mail or hand delivery,
submit them in an unbound format, no larger than 8\1/2\ by 11 inches,
suitable for copying and electronic filing.
FMCSA will consider all comments and material received during the
comment period.
Confidential Business Information (CBI)
CBI is commercial or financial information that is both customarily
and
[[Page 14804]]
actually treated as private by its owner. Under the Freedom of
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure.
If your comments responsive to the NODA contain commercial or financial
information that is customarily treated as private, that you actually
treat as private, and that is relevant or responsive to the NODA, it is
important that you clearly designate the submitted comments as CBI.
Please mark each page of your submission that constitutes CBI as
``PROPIN'' to indicate it contains proprietary information. FMCSA will
treat such marked submissions as confidential under the Freedom of
Information Act, and they will not be placed in the public docket of
the proceeding. Submissions containing CBI should be sent to Mr. Brian
Dahlin, Chief, Regulatory Evaluation Division, Office of Policy, FMCSA,
1200 New Jersey Avenue SE, Washington, DC 20590-0001 or via email at
<a href="/cdn-cgi/l/email-protection#fe9c8c979f90d099d09a9f96929790be9a918ad0999188"><span class="__cf_email__" data-cfemail="b1d3c3d8d0df9fd69fd5d0d9ddd8dff1d5dec59fd6dec7">[email protected]</span></a>. At this time, you need not send a duplicate
hardcopy of your electronic CBI submissions to FMCSA headquarters. Any
comments FMCSA receives not specifically designated as CBI will be
placed in the public docket for this rulemaking.
B. Viewing Comments and Documents
To view any documents mentioned as being available in the docket,
go to <a href="https://www.regulations.gov/docket/FMCSA-2021-0050/document">https://www.regulations.gov/docket/FMCSA-2021-0050/document</a> and
choose the document to review. To view comments, click this notice,
then click ``Browse Comments.'' If you do not have access to the
internet, you may view the docket online by visiting Dockets
Operations, U.S. Department of Transportation, 1200 New Jersey Avenue
SE, W58-213, Washington, DC 20590-0001, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. To be sure someone is
there to help you, please call (202) 366-9317 or (202) 366-9826 before
visiting Dockets Operations.
C. Privacy
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its regulatory process. DOT posts these
comments, including any personal information the commenter provides, to
<a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system of records notice DOT/
ALL 14 (Federal Docket Management System (FDMS)), which can be reviewed
at <a href="https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices">https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices</a>. The comments are posted without edit and are
searchable by the name of the submitter.
II. Background
On May 30, 2025, FMCSA published a notice of proposed rulemaking
(NPRM) in this proceeding stating the Agency proposed to amend 49 Code
of Federal Regulations (CFR) 392.10 by adding an exception for any
railroad grade crossing equipped with an active warning device that is
not in an activated state (e.g., flashing lights or crossing gates
down, indicating the arrival of a train) (90 FR 22914). Under local
law, this would permit the commercial motor vehicle (CMV) to proceed
across the railroad tracks without slowing or stopping.
The NPRM provided detailed information on the background and
history of FMCSA regulations regarding railroad grade crossings, the
proposed amendments, and the legal basis for such amendments. The
deadline for submitting comments in response to the NPRM was July 29,
2025.
III. What information is available?
Using data from the Federal Railroad Administration, FMCSA has
identified information on vehicle and railroad collisions, rear-end CMV
fatal crashes, and signal failures. This information has been
summarized and posted to the docket and FMCSA may consider it in the
context of further regulatory action.
IV. What is the scope of comments FMCSA is seeking and what supporting
documentation do I need to include in my comments?
FMCSA has provided the information identified above and is
considering whether to rely upon it in further regulatory action. This
NODA is necessary to disclose such possible reliance and to provide the
interested public an opportunity to comment on the accuracy and
relevance of the information (49 CFR 5.5(a)(1)).
The comment period for the NPRM ended on July 29, 2025. Comments
submitted in response to this NODA must be limited to addressing any
relevant information identified above. Comments addressing other
matters will not be considered by FMCSA.
Issued under authority delegated in 49 CFR 1.87.
Derek Barrs,
Administrator.
[FR Doc. 2026-06013 Filed 3-26-26; 8:45 am]
BILLING CODE 4910-EX-P
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