49 CFR § 213.361 - Right of way.

---
identifier: "/us/cfr/t49/s213.361"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "49 CFR § 213.361 - Right of way."
title_number: 49
title_name: "Transportation"
section_number: "213.361"
section_name: "Right of way."
chapter_name: "FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION"
part_number: "213"
part_name: "TRACK SAFETY STANDARDS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "49 U.S.C. 20102-20114 and 20142; 28 U.S.C. 2461 note; and 49 CFR 1.89."
regulatory_source: "63 FR 34029, June 22, 1998, unless otherwise noted."
cfr_part: "213"
---


# 213.361 Right of way.

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.