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Railroad Grade Crossing Safety; Withdrawal

Withdrawal of notice of proposed rulemaking.
FMCSA withdraws a July 30, 1998, Notice of Proposed Rulemaking (NPRM) that would have prohibited the driver of a commercial motor vehicle (CMV) from driving onto a highway-railroad grade crossing without sufficient space to drive completely through the crossing without stopping. The NPRM was issued in response to section 112 of the Hazardous Materials Transportation Authorization Act of 1994. After careful analysis and review of the comments, FMCSA has concluded that the NPRM gave a misleading impression of the statutory mandate and the cost and complexity of complying with an implementing regulation. FMCSA is therefore withdrawing the 1998 NPRM in order to eliminate the confusion associated with this rulemaking. The agency, however, will issue a simpler and more clearly written new NPRM addressing the requirements of section 112.


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