14-57.003: Railroad Safety Standards and Clearance Requirements
14-57.010: Definitions for Use in Part II
14-57.011: Public Railroad-Highway Grade Crossings Costs
14-57.012: Standards for Opening and Closing of Public Railroad-Highway Grade Crossings
14-57.013: Installation Criteria and Warning Devices for Public Railroad-Highway Grade Crossings
14-57.014: Rail Corridor Crossing Management
PURPOSE AND EFFECT: Rule Chapter 14-57, F.A.C., is being amended to update, reorganize, and clarify the rule chapter.
SUMMARY: The overall organization of the rule chapter is addressed.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 334.044(2) FS.
LAW IMPLEMENTED: 335.141, 337.242(3), 339.05, 341.302, 351.35 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Deanna R. Hurt, Assistant General Counsel and Clerk of Agency Proceedings, Florida Department of Transportation, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0458
THE FULL TEXT OF THE PROPOSED RULE IS:
PART I RAILROAD SAFETY AND CLEARANCE STANDARDS
14-57.003 Railroad Safety Standards and Clearance Requirements.
(1) This rule adopts the federal minimum safety standards for track, freight car, and locomotive inspections prescribed by 49 C.F.R. Parts 213, 214, 215, 216, 217, 218, 219, 220, 221, 223, 225, 228, 229, 230, 231, 232, 233, 234, 236, 238, 239, and 240, as printed in the annual edition of Title 49, Code of Federal Regulations, dated October 1, 2009 2000, and the federal minimum safety standards for the transportation of hazardous material by rail as prescribed by 49 C.F.R. Parts 171, 172, 173, 174, 178, 179, and 180, as printed in the annual edition of Title 49, Code of Federal Regulations, dated October 1, 2009 2000, as rules of the Florida Department of Transportation; and prescribes reasonable requirements governing clearances above, beside, and between railroad tracks in the State of Florida. If a later version of an individual part is subsequently issued and adopted by the Florida Department of Transportation, that individual part will include the effective date of the revised standard.
(2) Definitions. In this rule, the words or terms are defined as follows:
(a) “Department” means the Florida Department of Transportation.
(b) “Height of a Conventional Railroad Car” means is the distance between the top of the rail and the highest part or appurtenance of a car.
(c) “Overhead Clearance” means is the vertical distance from the level of the top of the highest rail to a structure or obstruction above.
(d) “Railroad” means is as defined in Section 341.301, F.S.
(e) “Side Clearance” means is the shortest distance from the center line of track to a structure or obstruction at the side of the track.
(f) “Side of a Conventional Railroad Car” means is that part or appurtenance of a car at the maximum distance measured at right angles from the center line of the car.
(g) “Standard Gage” means is the established distance of four feet, eight and a half inches between the heads of the two rails of a railroad track measured at right angles to the rails in a plane five-eights of an inch below the top of the rail head.
(3) The following federal minimum safety standards for inspections of track, conventional railroad cars, locomotives, and train operations inspections are hereby incorporated by reference and made rules of the Department:
(a) Track Safety Standards. 49 C.F.R. Part 213.
(b) Railroad Workplace Safety. 49 C.F.R. Part 214.
(c) Railroad Freight Car Safety Standards. 49 C.F.R. Part 215.
(d) Special Notice and Emergency Order Procedures: Railroad Track, Locomotive and Equipment. 49 C.F.R. Part 216.
(e) Railroad Operating Rules. 49 C.F.R. Part 217.
(f) Railroad Operating Practices. 49 C.F.R. Part 218.
(g) Control of Alcohol and Drug Use. 49 C.F.R. Part 219.
(h) Radio Standards and Procedures. 49 C.F.R. Part 220.
(i) Rear End Marking Device – Passenger, Commuter and Freight Trains. 49 C.F.R. Part 221.
(j) Safety Glazing Standards – Locomotives, Passenger Cars and Cabooses. 49 C.F.R. Part 223.
(k) Railroad Accidents/Incidents: Reports Classification, and Investigations. 49 C.F.R. Part 225.
(l) Hours of Service of Railroad Employees. 49 C.F.R. Part 228.
(m) Railroad Locomotive Safety Standards. 49 C.F.R. Part 229.
(n) Locomotive Inspection. 49 C.F.R. Part 230.
(o) Railroad Safety Appliance Standards. 49 C.F.R. Part 231.
(p) Railroad Power Brakes and Drawbars. 49 C.F.R. Part 232.
(q) Signal Systems Reporting Requirements. 49 C.F.R. Part 233.
(r) Grade Crossing Signal System Safety. 49 C.F.R. Part 234.
(s) Rules, Standards, and Instructions Governing the Installation, Inspection, Maintenance, and Repair of Signal and Train Control Systems, Devices, and Appliances. 49 C.F.R. Part 236.
(t) Passenger Equipment Safety Standards. 49 C.F.R. Part 238.
(u) Passenger Train Emergency Preparedness. 49 C.F.R. Part 239.
(v) Qualification and Certification of Locomotive Engineers. 49 C.F.R. Part 240.
(4) The following federal minimum safety standards for the transportation of hazardous materials by rail are hereby incorporated by reference and made rules of the Department:
(a) General Information, Regulations, and Definitions. 49 C.F.R. Part 171.
(b) Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, and Training Requirements. 49 C.F.R. Part 172.
(c) Shippers – General Requirements for Shipments and Packagings. 49 C.F.R. 173.
(d) Carriage by Rail. 49 C.F.R. Part 174.
(e) Specifications for Packagings. 49 C.F.R. Part 178.
(f) Specifications for Tank Cars. 49 C.F.R. Part 179.
(g) Continuing Qualification and Maintenance of Packagings. 49 C.F.R. Part 180.
(5) Railroad Clearance Requirements.
(a) Overhead Clearance. The minimum overhead clearance above the top of the rail of standard gage railroad tracks, which are used or proposed to be used for transporting conventional railroad cars, shall be 22 feet, except as otherwise provided in this rule. The minimum overhead clearance above the top of the rail on such tracks located inside buildings shall be 17 feet. Where the overhead clearance is less than 22 feet inside buildings, appropriate warning signs directing the attention of railroad employees, and others, to the reduced clearance shall be erected as specified in subparagraph Subsection (5)(f)1. of this rRule at each point where the affected track enters the building.
(b) Side Clearances. The minimum side clearance from the center line of a curved railroad track, shall be one inch per thirty minutes of curvature, in addition to the minimum side clearance from the center line of tangent standard gage railroad tracks. The minimum side clearance used or proposed to be used for tangent standard gage railroad tracks shall be as follows:
1. The minimum side clearance for all structures and obstructions above the top of the rail, except those hereinafter specifically mentioned, shall be eight feet. (Nnote: posts, pipes, warning signs, and similar obstructions should, where practicable, have a side clearance of ten feet.)
2. The minimum side clearance for tracks adjacent to platforms for loading and unloading conventional railroad cars, where the tops of such platforms are approximately level with the floors of such cars serving such platforms, may be reduced to not less than five feet nine inches, on one side of the tracks only. Warning signs, which direct attention of railroad employees and others to the reduced clearance, shall be erected as specified in subparagraph Subsection (5)(f)1. of this rRule.
3. The minimum side clearance for tracks adjacent to or entering engine terminal or shop structures, such as engine houses and car repair shops, outdoor locomotive fueling and servicing facilities, and turntables shall be six feet. When a side clearance of less than eight feet exists on such tracks, warning signs which direct attention of railroad employees to the reduced clearance shall be erected at each end of the structure. The clearance requirements of this rule do not apply to repair or servicing platforms and structures inside engine houses and repair shops.
4. The minimum side clearance for platforms, eight inches or less above the top of the rail, shall be four feet eight inches.
5. The minimum side clearance for switch boxes, switch operating mechanisms, and accessories necessary for the control and operation of signals, switches, and derails, projecting four inches or less above the top of the rail, shall be three feet.
6. The minimum side clearance for signals and switch stands, three feet or less above the top of the rail and located between tracks, where not practicable to provide clearances otherwise prescribed by this rule because of the distance between the tracks, shall be six feet.
7. The minimum side clearance for fences of cattle guards shall be six feet nine inches.
(c) Clearances Between Tracks.
1. The minimum distance between the center lines of parallel standard gage tracks shall be 13 feet six inches.
2. The minimum distance between the center line of any standard gage ladder track and any other adjacent track shall be 19 feet.
3. The minimum distance between the center lines of parallel team, house, and industry tracks shall be 13 feet.
(d) Obstructions and Conditions Adjacent to Tracks.
1. The space between tracks within railroad yards, and the space beside such tracks within eight feet of the center line thereof, shall be kept clear of grass, weeds, mud, slime, debris, and similar obstructions.
2. No merchandise, material, or other articles shall be placed or permitted to remain either on the ground or on the platforms adjacent to any track, during the movement of trains or engines on such adjacent track, at a distance less than eight feet from the center line of track. This prohibition shall not apply to materials used in the construction, maintenance, or repair of the tracks. Notice of the general location of such materials to be used for the construction, maintenance, or repair of the tracks shall be posted where general notices concerning the movement of trains are posted, or shall otherwise be made available to railroad employees working in such area.
3. A line or other marker shall be maintained eight feet from the center line of track on all platforms, excluding passenger platforms, to indicate the space along the edge of the platform which must be kept clear of merchandise, material, or other articles.
(e) Applicability.
1. The clearances prescribed in this rule shall not apply to building structures or facilities constructed or relocated adjacent to any tracks prior to September 17, 1953, and to all tracks therein.
2. The clearances prescribed in this rule shall not apply to the extension of tracks or the adjacent buildings, structures, or facilities provided the track or buildings or structure or facility to be extended was constructed prior to September 17, 1953.
(f) Deviation from Clearance. In the event that the required railroad clearance cannot be met after any new construction of railroad track or any adjacent building, structure, or facility, the owner, or other designated person, of the adjacent building, structure, or facility shall take the following safety measures:
1. Install appropriate warning signs at a location at least 100 feet in advance of the location where less than the required clearance exists. Such signs must be installed at both ends of any location which can be approached by a train from either direction, exclusive of any switching activity on a stub end track.
2. Install markings, decals, or paint on any and all obstructions that have less than the required side clearance. Such markings, decals, or paint shall be in a pattern of diagonal stripes to call attention to the obstruction.
(6) Penalties. Failure to comply with the provisions of this rule chapter will result in a penalty in accordance with Section 351.35(2), F.S., as provided for in applicable federal regulations specified in subsection Section 14-57.003(1), F.A.C., and hereby incorporated by reference under subsections Sections 14-57.003(3) and (4), F.A.C.
Rulemaking Specific Authority 334.044(2), 351.35(1) FS. Law Implemented 341.302(7), (8), 351.35(1), (2) FS. History–New 1-27-81, Formerly 14-57.03, Amended 7-27-97, 10-6-01,________.
PART II PUBLIC RAILROAD-HIGHWAY GRADE CROSSINGS
14-57.010 Definitions for Use in Part II.
The following definitions apply to this Part II:
(1) “Applicant” means any person, group, railroad, governmental entity, or the Department.
(2) “Application” means a Railroad Grade Crossing Application, Form 725-090-66, (Rev. 03/03 01/03), incorporated herein by reference. Form 725-090-66 can be obtained from http://www.dot.state.fl.us/rail/ http://www11.myflorida.com/rail/xingopenclose.htm or the Central Rail Office, Department of Transportation, 605 Suwannee Street, MS 25, Tallahassee, Florida 32399-0450.
(3) “Department” means the Florida Department of Transportation.
(4) “Governmental Entity” means as defined in Section 11.45(1)(d), F.S.
(5) “Public Railroad-Highway Grade Crossing” or “Crossing” means as defined in Section 335.141(1)(b), F.S.
(6) “Railroad” means as defined in Section 341.301(5), F.S.
(7) “State Highway System” means as defined in Section 334.03(25), F.S.
(8) “Stipulation of Parties” means a voluntary agreement between the railroad(s), the governmental entity(ies), the Department, and the applicant, if different from the aforementioned.
Rulemaking Specific Authority 334.044(2) FS. Law Implemented 335.141, 339.05 FS. History–New 3-20-03, Amended_________.
14-57.011 Public Railroad-Highway Grade Crossings Costs.
(1) Purpose. To establish the degree of Department and railroad participation in the cost of public railroad-highway grade crossings.
(2) Installation and Modification. The method of determining responsibility for installation or modification costs shall be as follows: At all public railroad-highway grade crossings, the method of determining railroad responsibility will be in accordance with the Federal Highway Administration Federal-Aid Policy Guide, Subchapter B, Part 140, Subpart I, January 31, 2002, Transmittal 30, incorporated herein by reference. To obtain copies of this document, go to http://www.fhwa.dot.gov/legsregs/directives/cfr23toc.html http://www.fhwa.dot.gov/: link to Legislation and Regulations.
(3) Maintenance. The method of determining participation in public railroad-highway grade crossing maintenance costs shall be as follows:
(a) Grade Crossing Traffic Control Devices. The Department shall participate in 50% of the cost of maintaining grade crossing traffic control devices so long as the devices are located on the State Highway System.
(b) Travel Way. When the grade crossing is located on the State Highway System, the railroad shall be responsible for the maintenance cost of all trackbed and rail components, and the highway roadbed for the width of the rail ties within the crossing area. The Department shall be responsible for the maintenance cost of the highway roadbed outside of the railway ties on crossings where the railroad has a property interest. The railroad shall be responsible for the maintenance cost of the highway roadbed where the crossing occupies public right of way.
(c) Grade Separation Structures. The Department shall be responsible for the maintenance cost of railroad overpasses when the structure is located on the State Highway System and carries highway traffic over a railroad. The railroad shall be responsible for the maintenance cost of railroad underpasses which carry highway traffic under a railroad.
Rulemaking Specific Authority 334.044(2) FS. Law Implemented 335.141 FS. History–New 3-20-03, Amended_________.
14-57.012 Public Railroad-Highway Grade Crossings – Opening and Closure.
(1) Purpose. To establish standards for the opening and closing of public railroad-highway grade crossings. The objectives of these uniform standards will be to reduce the accident/incident frequency and severity at public railroad-highway grade crossings, and improve rail and motor vehicle operating efficiency.
(2) Opening and Closing Public Railroad – Highway Grade Crossings. The Department will accept applications for the opening and closing of public railroad-highway grade crossings from the governmental entity that has jurisdiction over the public street or highway; any railroad operating trains through the crossing; any other applicant for a public railroad-highway grade crossing provided there is in existence an agreement between the applicant and governmental entity to assume jurisdiction as a public crossing. The Department, on behalf of the State of Florida, will also open or close public railroad-highway grade crossings in accordance with the criteria set forth herein. Closure applications will also be accepted from individual citizens or groups, such as neighborhood associations. Opening and closure of public railroad-highway grade crossings shall be based upon Notices of Intent issued by the Department, Final Orders of the Department following administrative hearings conducted pursuant to Chapter 120, F.S., or upon a Stipulation of Parties executed by any applicant, governmental entity, the appropriate railroad, and the Department. The burden of proof for the opening or closing of a crossing is on the applicant. A Final Order or a Stipulation of Parties concludes the application process. Acceptance of any application for processing by the Department shall not be construed as indicating the Department’s position regarding the application. If the preliminary review of the application does not support the crossing opening or closure, or the application does not demonstrate a material change of circumstances has occurred at the crossing since the execution of a Final Order or a Stipulation of Parties, the applicant will be advised of these findings. The applicant may choose to withdraw the application or continue the process. If withdrawn, the process is concluded. An applicant may suspend an application at any time. If the applicant chooses to pursue the opening or closure of the public railroad-highway crossing, the railroad and governmental entity having jurisdiction at the location are notified and provided a copy of the application. The governmental entity should provide a public forum for community involvement and contact affected individuals or groups to obtain input on impacts to the community. The expense of crossing closures or openings, which shall include installation, maintenance, and replacement of grade crossing traffic control devices and grade crossing surfaces, will be the responsibility of the applicant, unless otherwise negotiated and accepted by all parties.
(a) Opening of Public Railroad-Highway Grade Crossings. In considering an application to open a public railroad-highway grade crossing, the following criteria will apply:
1. Safety.
2. Necessity for rail and vehicle traffic.
3. Alternate routes.
4. Effect on rail operations and expenses.
5. Closure of one or more public railroad-grade crossings to offset opening a new crossing.
6. Design of the grade crossing and road approaches.
7. Presence of multiple tracks and their effect upon railroad and highway operations.
(b) Conversion of Crossings. Conversion of private railroad-highway grade crossings to public use constitutes opening a new public crossing, and shall meet the same requirements. Active grade crossing traffic control devices meeting the criteria set forth in subsection 14-57.012(3), F.A.C., are required at all new public railroad-highway grade crossings.
(c) Closure of Public Railroad-Highway Grade Crossings. In considering an application to close a public railroad-highway grade crossing, the following criteria will apply:
1. Safety.
2. Necessity for rail and vehicle traffic.
3. Alternate routes.
4. Effect on rail operations and expenses.
5. Excessive restriction to emergency type vehicles resulting from closure.
6. Design of the grade crossing and road approaches.
7. Presence of multiple tracks and their effect upon railroad and highway operations.
(d) Closure of Public Railroad-Highway Grade Crossings by the Department. The Department will initiate and maintain a crossing consolidation and closure program based on analysis of engineering and safety factors, and impact on operating efficiency to vehicle and rail traffic. Governmental entities will be provided the listing of potential closures for review and recommendation. Closures by the Department will be considered based upon following:
1. Systems or Corridor Approach. Review of crossings on a specific corridor by railroads, cooperative teams (railroads, state, governmental entity), or state rail personnel, to determine redundant or unused crossings that are viable candidates for closure.
2. Diagnostic Team Safety Review. Diagnostic teams review and recommend crossing candidates for closure on a rail corridor, based on overall safety index, specific hazards, or response to a serious accident(s) / incident(s).
3. Rail Changes, Construction, or Improvement Impacts. Crossing cClosure candidates may result from track rehabilitation, new highway or railroad construction, adjacent crossing improvements or signalization, and changes in passenger or freight service.
4. Individual Recommendations: Recommendations for closure may be submitted by federal or state Safety Inspectors, Operation Lifesaver volunteers, Railroad Safety Committees, engineers involved in “near misses,” neighborhood associations, or other persons.
(e) Grade Separation. When estimated highway traffic has 30,000 vehicles a day across main line tracks, an engineering and benefit-cost analysis must be performed by the applicant to determine if a grade separation is warranted.
(3) Installation Criteria. Warning devices.
(a) Basic Equipment. All existing public railroad-highway grade crossings without active warning devices shall have reflectorized railroad crossbucks on the right hand side of the road on both sides of the tracks as specified by the U.S. Department of Transportation Manual on Uniform Traffic Control Devices (MUTCD), incorporated by reference under Rule 14-15.010, F.A.C. The reflectorized railroad advance warning sign and pavement markings shall be located at those public grade crossings which are specified in the MUTCD.
(b) Minimum Active Grade Crossing Traffic Control Devices. All new public railroad-highway grade crossings shall have, as a minimum, roadside flashing lights and gates on all roadway approaches to the crossing, usually placed on the right of approaching traffic. Lamp units shall be in accordance with the standards recommended by the MUTCD. The location of the roadside flashing lights and gates shall be in accordance with the Department’s Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System, “Railroad Grade Crossing Traffic Control Devices,” January 2002, with the primary emphasis being the visibility of the flashing lights and gates. The Department’s Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System, “Railroad Grade Crossing Traffic Control Devices,” January 2002, is hereby incorporated by this rule and made a part of the rules of this Department. Copies of this document and any amendments thereto are available at http://www11.myflorida.com/rddesign/Design%20Standards/designstds.htm. http://www.dot.state.fl. us/officeofdesign.
(c) Cantilevered Flashing Lights. Pairs of flashing lights placed on cantilevered arms extended over traffic lanes shall be employed when any one or more of the following conditions exist:
Multilane highways (two or more lanes in each direction) are present or when median lights and gates are not in place.
Sight restrictions to the grade crossing affect either the motorist or train crew.
Signal stanchion is located greater than 23 feet from centerline of roadway. The length of the cantilever arm shall be in accordance with the Department’s Standard Index, “Railroad Grade Crossing Traffic Control Devices.”
(d) Automatic Crossing Gates. Automatic crossing gates in conjunction with flashing lights shall be installed if any one of the following conditions exists:
Multilane highway.
Multiple railroad tracks including passing tracks.
High speed train operation (greater than 65 mph) or commuter train operation (greater than 45 mph).
Traffic counts greater than 5,000 vehicles per day.
Greater than 30 through trains per day.
Traffic with greater than nine school buses per day.
Continuance of accident history after installation of flashing lights.
(e) Traffic Signal Preemption. When new and existing grade crossings are within 200 feet of an intersection with traffic signals, a train activated preemption phase shall be provided in the active grade crossing traffic control device for the traffic signal system. The design of the traffic signal and phase sequencing shall be as specified in the MUTCD. Crossings located between 200 and 500 feet from a signalized intersection must either be preempted or be supported by an engineering study that determines that preemption is not in the interest of public safety.
(f) Train Speed Detection Devices. The activation of automatic flashing lights shall precede the train by a minimum of 20 seconds. Train speed detection devices are designed to activate automatic flashing lights preceeding the arrival of the train at the crossing. Train arrival at the crossing shall not exceed 35 seconds from the start of the flashing lights. When train speeds on a given track vary considerably under normal operation, special devices or circuits shall be installed to provide notice in advance of all train movements over the crossing.
(g) Delay of Installation.
A new public railroad-highway grade crossing over an industrial spur track may be considered for a delay in the installation of active grade crossing traffic control devices when train movements are two trains per day or less, and if the Department determines that the characteristics of the highway traffic is conducive to requiring a flagman; the Department will require the crossing to be manually flagged (e.g., two lane less than 5,000, operating speed crossing must be illuminated). The Department will grant a temporary delay for the installation of such signals at a new public railroad-highway grade crossing when the installation of such signals would adversely affect the scheduled installation of signal improvements at those grade crossings deemed to have a higher statewide priority.
Public Railroad-Highway Grade Crossing Traffic Control Devices. All public railroad-highway grade crossing traffic control devices shall conform to the Department’s Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System, “Railroad Grade Crossing Traffic Control Devices.”
Rulemaking Specific Authority 334.044(2) FS. Law Implemented 335.141 FS. History–New 3-16-03, Amended 11-13-06,________.
14-57.013 Installation Criteria and Warning Devices for Public Railroad-Highway Grade Crossings.
(1) Basic Equipment. All existing public railroad-highway grade crossings without active warning devices shall have reflectorized railroad crossbucks on the right hand side of the road on both sides of the tracks as specified by the U.S. Department of Transportation Manual on Uniform Traffic Control Devices (MUTCD), incorporated by reference under Rule 14-15.010, F.A.C. The reflectorized railroad advance warning sign and pavement markings shall be located at those public grade crossings which are specified in the MUTCD.
(2) Minimum Active Grade Crossing Traffic Control Devices. All new public railroad-highway grade crossings shall have, as a minimum, roadside flashing lights and gates on all roadway approaches to the crossing, usually placed on the right of approaching traffic. Lamp units shall be in accordance with the standards recommended by the MUTCD. The location of the roadside flashing lights and gates shall be in accordance with the Department’s Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System, “Railroad Grade Crossing Traffic Control Devices,” with the primary emphasis being the visibility of the flashing lights and gates. The Department’s 2010 Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System, “Railroad Grade Crossing Traffic Control Devices,” is hereby incorporated by this rule and made a part of the rules of this Department. Copies of this document and any amendments thereto are available at http://www.dot.state.fl.us/officeofdesign.
(3) Cantilevered Flashing Lights. The Department recommends for rail safety that traffic signals be placed on cantilevers along with grade crossing flashing lights if the original placement of the traffic signal obstructs the visibility of the flashing lights. Pairs of flashing lights placed on cantilevered arms extended over traffic lanes shall be employed when any one or more of the following conditions exist:
(a) Multilane highways (two or more lanes in each direction) are present or when median lights and gates are not in place.
(b) Sight restrictions to the grade crossing affect either the motorist or train crew.
(c) Signal stanchion located greater than 23 feet from centerline of roadway. The length of the cantilever arm shall be in accordance with the Department’s Standard Index, “Railroad Grade Crossing Traffic Control Devices.”
(4) Automatic Crossing Gates. Automatic crossing gates in conjunction with flashing lights shall be installed if any one of the following conditions exists:
(a) Multilane highway.
(b) Multiple railroad tracks including passing tracks.
(c) High speed train operation (greater than 65 mph) or commuter train operation (greater than 45 mph).
(d) Traffic counts greater than 5,000 vehicles per day.
(e) Greater than 30 through trains per day.
(f) Traffic with greater than nine school buses per day.
(g) Tracks on which hazardous materials are transported.
(h) Continuance of accident history after installation of flashing lights.
(i) Signalized intersections located within 200 feet of track that result in limited vehicle storage space between the track and parallel road.
(5) Traffic Signal Preemption. When new and existing grade crossings are within 200 feet of an intersection with traffic signals, a train activated preemption phase shall be provided in the active grade crossing traffic control device for the traffic signal system. The design of the traffic signal and phase sequencing shall be as specified in the MUTCD. Crossings located between 200 and 500 feet from a signalized intersection must either be preempted or be supported by an engineering study that determines that preemption is not in the interest of public safety.
(6) Train Speed Detection Devices. Train speed detection devices are designed to activate automatic flashing lights preceeding the arrival of the train at the crossing. When train speeds on a given track vary considerably under normal operation, special devices or circuits shall be installed to provide notice in advance of all train movements over the crossing.
(7) Delay of Installation.
(a) A new public railroad-highway grade crossing over an industrial spur track may be considered for a delay in the installation of active grade crossing traffic control devices when train movements are two trains per day or less, and if the Department determines that the characteristics of the highway traffic is conducive to requiring a flagman; the Department will require the crossing to be manually flagged (e.g., two lane highway, average daily traffic is less than 5,000 vehicles, less than vehicular operating speed is less than 30 mph crossing must be illuminated). When train movements require manual flagging at night, the grade crossing must be illuminated.
(b) The Department will grant a temporary delay for the installation of such signals at a new public railroad-highway grade crossing when the installation of such signals would adversely affect the scheduled installation of signal improvements at those grade crossings deemed to have a higher statewide priority.
(8) Public Railroad-Highway Grade Crossing Traffic Control Devices. All public railroad-highway grade crossing traffic control devices shall conform to the Department’s Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System, “Railroad Grade Crossing Traffic Control Devices.” Copies of this document and any amendments thereto are available at http://www.dot.state.fl.us/officeofdesign.
Rulemaking Authority 334.044(2) FS. Law Implemented 335.141 FS. History–New_________.
PART III RAIL CORRIDOR CROSSING MANAGEMENT
14-57.014 Rail Corridor Crossing Management.
(1) Definitions for Use in Part III.
(a) “Applicant” means any person or local governmental entity.
(b) “Application” means the Rail Corridor Crossing Permit Application, DOT Form 725-080-86, Rev. 01/06, incorporated herein by reference. DOT Form 725-080-86 can be obtained from http://www.dot.state.fl.us/rail/ http://www.formserver.tot.state.fl.us/capture/listings/FormListing.aspx?ListType=FormOffice&office=RAIL or the Central Rail Office, Department of Transportation, 605 Suwannee Street, MS 25, Tallahassee, Florida 32399-0450.
(c) “Corridor” or Rail Corridor” means Department-owned lineal property acquired from a railroad that is not incorporated into the state highway system.
(d) “Department” means the Florida Department of Transportation.
(e) “Local Governmental Entity” means as defined in Section 11.45(1)(e), F.S.
(f) “Rail Corridor Crossing” means either a public or private travel way intended to be used for vehicular ingress and egress to and from a state highway way across a rail corridor.
(g) “State Highway“ means a component of the State Highway System as defined in Section 334.03(25), F.S.
(2) Existing Crossings. The Department recognizes recognize existing public and private rail corridor crossings identified and described by a railroad at the time a rail corridor is transferred from a railroad to the Department. All other rail corridor crossings shall be closed if rail corridor crossing permits are not obtained by an applicant consistent with this rule chapter within six months following completion of acquisition of the rail corridor by the Department.
(3) Rail Corridor Crossing Permits. The issuance of a rail corridor crossing permit does not create a property right or vested interest in a rail corridor crossing and such permit is revocable in accordance with the provisions of this rule chapter. Prior to submitting an application, potential applicants are encouraged to contact the Department Central Rail Office to inquire as to the feasibility of a proposed rail corridor crossing.
(a) Public Crossing. An application by a local governmental entity for a rail corridor crossing permit for a corridor where rail service has been abandoned will be evaluated and conditioned upon the following criteria:
1. Jurisdiction over the county road or city street at the proposed crossing and acceptance of maintenance responsibility for the county road or city street, including the rail corridor crossing area by the local governmental entity is required.
2. A demonstrated transportation need on the part of the public for the crossing.
3. Consistency with any applicable Metropolitan Planning Organization (MPO) long range plans and local governmental entity comprehensive plans.
4. Closure of an existing public crossing for each new public crossing.
5. Construction of the crossing in a way that is compatible with the present use of the rail corridor.
6. Payment of construction and maintenance costs for the new public crossing, as well as any additional costs to modify the corridor to accommodate its planned use.
7. Agreement to indemnify, defend, and hold harmless the Department from all claims arising out of the use of the new public rail corridor crossing.
(b) Private Crossing. An application for a rail corridor crossing permit by a person who owns property abutting a rail corridor where rail service has been abandoned will be evaluated and conditioned upon the following criteria:
1. The private property must have no other legal access, including no access to frontage roads that exist or that could be cost-effectively constructed.
2. The new private crossing must be consistent with applicable MPO long range plans and local governmental entity comprehensive plans.
3. The new private crossing must be constructed in a way that is compatible with the present use of the rail corridor, and the design of the new private crossing shall be signed and sealed by a professional engineer registered in the State of Florida.
4. A corridor crossing permit is revocable, without compensation, upon a Department determination that the crossing is incompatible with the Department’s use of the corridor and written notice of not less than 30 days.
5. The owner must indemnify, defend, and hold the Department harmless from all claims arising out of the use of the new private rail corridor crossing.
(4) Traffic Signals and Other Traffic Control Devices. Traffic signals and other traffic control devices, installed by an applicant, shall conform to the MUTCD and Department design and construction standards referenced herein. All construction and maintenance on the Department corridor shall conform to the Manual on Uniform Traffic Control Devices (MUTCD), incorporated by reference under Rule 14-15.010, F.A.C., and the Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, incorporated by reference under Rule 14-15.002, F.A.C.
(a) Disruption of Traffic. For safety and operational purposes, the Department will require or restrict hours of construction if construction will cause disruption of traffic on the State Highway System. When construction activity on a rail corridor crossing causes undue disruption of traffic, or creates safety hazards on a state highway, the permittee will be advised of the need for immediate corrective action by a specified time and a stop work order will be issued if the permittee does not comply.
(b) Rail Corridor Crossing Completion Time Limit. Construction shall be completed within one year of the date of issuance of the rail corridor crossing permit. Failure to comply with the one year time limit shall result in an automatic expiration of the rail corridor crossing permit. A stop work order will be issued by the Department if work exceeds the imposed time restrictions. For any rail corridor crossing permit which expires for failure to construct the rail corridor crossing within the one year limit, a new application will be required. The corridor right of way shall be returned to the condition existing prior to the permit being issued, at the permittee’s expense, unless a new permit is obtained pursuant to this rule Chapter.
(c) Assurance of Performance. Assurance of performance conforming to Section 334.187, F.S., will be required if the rail corridor crossing permit requires extensive work within the right of way, such as relocation of structures or traffic signals.
1. Prior to the issuance of a rail corridor crossing permit, the applicant shall provide a security instrument in the estimated dollar amount of the improvements in the right of way. The Department shall be named as the beneficiary. The security instrument shall be provided to the Department before the rail corridor crossing permit is issued. The security instrument shall be valid for the time of the construction and inspection of the permitted work, but for not less than 18 months.
2. The applicant shall provide the estimated cost of improvements on right of way in a document signed, sealed, and dated by a professional engineer registered in the State of Florida.
3. Security Instrument Receipt, Form 850-040-20, Rev. 04/93, must be used, and is incorporated herein by reference in Rule Chapter 14-87, F.A.C. DOT Form 850-040-20 can be obtained from http://www.formserver.tot.state.fl.us/capture/listings/FormListing.aspx?ListType=FormOffice&office=RAIL http://www.dot.state.fl.us/rail/ or the Central Rail Office, Department of Transportation, 605 Suwannee Street, MS 25, Tallahassee, Florida 32399-0450.
4. Such security instruments shall be required except when a performance bond covering the work on the right of way is included as part of the bond necessary for development approval by a local governmental entity and the Department is a named beneficiary.
5. The Department will waive the security instrument requirement when there is an agreement with the local governmental entity to withhold a certificate of occupancy until any problems are corrected and there is no indication that the requirements of this rule will be violated.
6. The security instrument will be returned to the applicant when final inspection by the Department shows that the work has been completed as permitted.
(d) Posting of rail corridor crossing permit. The approved rail corridor crossing permit shall be displayed in a prominent location in the vicinity of the crossing construction.
(e) The applicant is responsible for securing any additional permit or local governmental entity approval needed for traffic signalization and regulatory signing and marking.
(f) Professional Engineer Statement of Construction for Extensive Roadway Construction or Large Developments. If the rail corridor crossing permit requires extensive work within the right of way, such as relocation of structures or traffic signals, a statement from the project’s professional engineer will be necessary. The applicant will provide documentation by a professional engineer registered in the State of Florida that construction was accomplished in accordance with the requirements set out in the corridor crossing permit.
(g) Utility and Right of Way User Notification. The applicant has the responsibility to determine, and notify, the users of the right of way of the permitted construction. The applicant shall also resolve any conflicts within the right of way. Before a rail corridor crossing permit is issued, the applicant shall show documentation of this notification and resolution of conflicts.
(h) A rail corridor crossing permit for a crossing that is intended to be used for vehicular ingress and egress to and from a Sstate Hhighway System is not a permit for a connection to the state highway under Section 335.182(3)(a), F.S., and a separate access connection permit must be obtained pursuant to Rule Chapter 14-96, F.A.C., prior to the construction of an access connection.