- A. Pursuant to the provisions of R.S. 48:390 and R.S. 48:390.1, any railroad or public agency may submit a formal application to the department requesting a variance from the requirements of that section relative to blockage of a public highway/railroad at-grade crossing for more than 20 minutes or may request that different regulations be applied in connection with operation over a specific crossing where local conditions require. This rule is applicable only to the public highway/railroad crossings.
B. Elements of the application:
- 1. identity of any public agencies within the geographic area;
- 2. identity of any railroads which may be affected by the variance;
- 3. identify any previous steps which may have been taken in an attempt to achieve an alternative to the proposed variance;
- 4. provide Federal Railroad Administration requirements that would affect the feasibility of meeting the allowable conditions as provided for in R.S. 48:390 and R.S. 48:390.1;
- 5. identify the unique local conditions which require or support the variance.
- C. The application for variance, together with all requested information, shall be submitted to the Department of Transportation and Development Highway/Rail Safety Engineer.
D. A committee composed of representatives of the following department areas of expertise review the application for variance:
- 1. railroad unit;
- 2. rail management program;
- 3. legal section;
- 4. appropriate district.
- E. Upon completion of the review of the application, the committee shall make a recommendation to the department's chief engineer.
- F. Based upon the decision of the chief engineer, a formal response of the department will be forwarded to the railroad or public agency which submitted the formal application.
Authority Note
AUTHORITY NOTE: Promulgated in accordance with R.S. 48:390 and 390.1.
Historical Note
HISTORICAL NOTE: Promulgated by the Department of Transportation and Development, Division of Aviation and Public Transportation, LR 25:96 (January 1999).