C.F.R. » Title 49 » CHAPTER II—FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › PART 213—TRACK SAFETY STANDARDS › Subpart G—Train Operations at Track Classes 6 and Higher

49 C.F.R. § 213.361

Right of way

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The track owner in Class 8 and 9 shall submit a barrier plan, termed a “right-of-way plan,” to the Federal Railroad Administration for approval. At a minimum, the plan will contain provisions in areas of demonstrated need for the prevention of—

(a) Vandalism;

(b) Launching of objects from overhead bridges or structures into the path of trains; and

(c) Intrusion of vehicles from adjacent rights of way.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2023–2023 · leading case: White v. CSX Transp., Inc. (W.D.N.Y. 2023).
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White v. CSX Transp., Inc. (W.D.N.Y. 2023). · cites it 2× “Specifically, CSX claims that “the subject matter of fencing railroad tracks has been covered both affirmatively, through 49 CFR § 213.361 , and negatively, through the decision not to otherwise issue regulations pertaining to fencing railroad ways.”
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