Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 265 - Motor Carrier and Railroad Safety › Chapter 8 - Railroads › Section 7 CSR 265-8.071 - Grade Crossing Safety Account (Rescinded)

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment moves the rule from Title 4
				  to Title 7, updates the rule to reflect organizational, statute, and procedure
				  changes, incorporates the cost standards in 23 CFR Parts 140 and 646, and
				  eliminates unnecessary restrictive language.
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) In the division's determination of the costs to be
				apportioned to the state, county, municipality, or other public authority in
				interest for the installation, construction, or reconstruction of automatic
				signals or other safety devices or other safety improvements at crossings of
				railroads and public roads, streets, or highways, which the division orders to
				be paid out of the grade crossing safety account (account) pursuant to section
				389.610,
				RSMo, the division will compute those costs in accordance with Title 23, Code
				of Federal Regulations (CFR), Part 140, Subpart I and 23 CFR Part 646, Subpart
				B, which is incorporated by reference and made a part of this rule as published
				October 1, 2016 by the Federal Highway 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.
(2) When the division considers making payments from
				the account for safety devices or other safety improvements at railroad and
				highway crossings, the division staff may consider the following information:
(A) The costs of the proposed installation,
				construction, or reconstruction of the automatic signals or other safety
				devices or other safety improvements;
(B) Whether any part of those costs can be
				paid from funds available under any federal program or federal-aid highway
				act;
(C) The location of the
				crossing in question;
(D) The amount
				of funds in the account and whether the expected expenditure called for will
				exceed the funds in the fiscal year in which the expenditure is to be
				made;
(E) The approximate time for
				completion of the proposed installation, construction, or reconstruction, the
				approximate date for a payout of the funds, and the legal entity entitled to be
				reimbursed; and
(F) Whether or not
				interim payments should be made; and if so, the amount and conditions upon
				which those interim payments should be paid out.