PURPOSE: This amendment moves the rule from Title 4
to Title 7, revises the rule to reflect current procedures, deletes obsolete
references to the administrative law judge, eliminates unnecessary restrictive
wording, deletes a requirement that the department retain all written notices
of minor warning device changes, and updates the references to the regulations
in 49 CFR Part 234 that are incorporated into this rule.
PUBLISHER'S NOTE: The secretary of state has
determined that the publication of the entire text of the material which is
incorporated by reference as a portion of this rule would be unduly cumbersome
or expensive. This material as incorporated by reference in this rule shall be
maintained by the agency at its headquarters and shall be made available to the
public for inspection and copying at no more than the actual cost of
reproduction. This note applies only to the reference material. The entire text
of the rule is printed here.
(1) Major changes to existing highway-rail
grade crossing active warning devices shall not be made unless an application
is filed with the division under 7 CSR
265-8.320, and the proposed major change
is approved by a specific commission order. Major changes include:
(A) Any modification to a highway-rail grade
crossing active warning system that changes the portion of the system which
provides warning to and is viewed by the highway user;
(B) Any change in the type of train detection
circuitry at any location involving highway traffic signal interconnection or
preemption; or
(C) Any other
modification to a highway-rail grade crossing active warning device that is not
classified in this rule as a minor change.
(2) Minor changes to existing highway-rail
grade crossing active warning devices may be made by a railroad without a
specific application to the division or a specific commission order, but only
if all of the conditions and requirements of this rule are met in regard to the
particular crossing when the warning devices, as modified, are placed in
service. The changes described below are minor changes when they result in
equal or improved operating characteristics of the warning system, and they
conform with all applicable requirements of the division's rules and the
regulations under 49 CFR Part
234, incorporated herein by reference and made a
part of this rule as published October 1, 2016 by the Federal Railroad
Administration, United States Department of Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590. This rule does not incorporate any subsequent
amendments or additions of this rule:
(A)
Changing from one type of train detection circuitry to another type of train
detection circuitry that is generally accepted throughout the industry as an
upgrade in type, except that all train detection circuitry changes at locations
involving highway traffic signal interconnection or preemption are major
changes;
(B) Interchanging
incandescent and LED-type flashing light units, but only if-
1. All mast-mounted or cantilever-mounted
light units at the crossing are changed simultaneously; or
2. All gate light units at the crossing are
changed simultaneously;
(C) Installing or removing auxiliary devices,
such as time-out circuits, cut-out circuits, indication lights, indication
circuitry, or recording devices, to adjust to changing conditions, such as:
1. When a switch is added or removed from a
location within the crossing signal circuitry;
2. When the lengths of approach circuits are
changed; or
3. When crossing
control circuitry is upgraded to constant warning time circuitry; and
(D) Changes in the physical
location of warning devices, signal bungalows, or other components of the
active warning system, as compared to the plans previously filed with the
division and approved by division or commission order, but only if-
1. The actual location of the signal masts,
as placed in service at the crossing, is within the following limits:
A. Not less than twelve feet (12') nor more
than twenty feet (20') from the nearest rail of the railroad tracks;
and
B. Not less than eight feet,
one inch (8'1") nor more than twelve feet (12') from the nearest edge of the
traveled roadway, if the nearest edge has no curb and no shoulder or a shoulder
less than four feet (4') wide; or
C. Not less than four feet, one inch (4'1")
nor more than eight feet, one inch (8'1") from the nearest edge of the traveled
roadway, if the nearest edge has no curb and has a shoulder that is four feet
(4') wide or greater; or
D. Not
less than four feet, one inch (4'1") nor more than twelve feet (12') from the
nearest edge of the traveled roadway, if the nearest edge has a curb;
2. The actual location of the
signal bungalow, as placed in service at the crossing, is not less than
twenty-five feet (25') from the nearest rail and not less than thirty feet
(30') from the nearest edge of the traveled roadway;
3. The actual location of the device,
bungalow or other component, as placed in service at the crossing, is in a
different quadrant than that shown in the plans previously filed with the
division and approved by division or commission order, and the change of
quadrant for the particular device, bungalow or component at that crossing, is
agreed to by the railroad and approved in writing by the division's director
and/or the director's designee; and
4. The party responsible for installing the
warning devices files with the division, within thirty (30) days after
completing the installation, a revised plan sheet showing the warning devices,
bungalow, and other components in their actual locations (as installed), which
the division then incorporates in an amended order.
(3) The party responsible for
making any minor change to a highway-rail grade crossing active warning device
shall notify the division of the minor change, in writing, not later than
thirty (30) days after the completion of the minor change. The notice shall
include the United States Department of Transportation (USDOT) crossing
inventory number and a description of all the changes.