PURPOSE: This rule is adopted to classify changes to highway-rail grade crossing active warning devices based on the significance of those changes, and to approve certain uncontested changes to active warning devices without specific division orders, when they meet certain standardized conditions.

1. (1) Major changes to existing highway-rail grade crossing warning devices shall not be made unless an application is filed with the division under rule 4 CSR 265-2.320, and the proposed major change is approved by a specific order of the division’s administrative law judge. Major changes include:

   1. (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;
   2. (B) Any change in the type of train detection circuitry at any location involving highway traffic signal interconnection or preemption; or
   3. (C) Any other modification to a highwayrail grade crossing active warning device that is not classified in this rule as a minor change.

2. (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 order from the administrative law judge, 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 Federal Railroad Administration’s regulations under 49 CFR part 234:

   1. (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;

   2. (B) Interchanging incandescent and LED- type flashing light units, but only if—

      1. 1. All mast-mounted or cantilever-

mounted light units at the crossing are changed simultaneously; or

1. 2. All gate light units at the crossing are

changed simultaneously;

1. (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. 1. When a switch is added or removed

from a location within the crossing signal circuitry;

1. 2. When the lengths of approach circuits

are changed; or

1. 3. When crossing control circuitry is

upgraded to constant warning time circuitry; and

1. (D) Changes in the physical location of warning devices, signal bungalows, or other components of the active warning system, as compared to the plans filed with the division and approved by order of the administrative law judge, but only if—

   1. 1. The actual location of the signal

masts, as placed in service at the crossing, is within the following limits:

1. A. Not less than twelve feet (12') nor

more than twenty feet (20') from the nearest rail of the railroad tracks; and

1. 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

1. 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

1. 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;

1. 2. The actual location of the signal bun-

galow, 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;

1. 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 filed with the division and approved by order of the administrative law judge, 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 railroad safety program administrator, railroad safety program specialist, or railroad safety inspector; and

1. 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 Railroad Safety

warning devices, bungalow, and other components in their actual locations (as installed), which the division shall incorporate in an amended order.

1. (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. The division shall keep a permanent record of all written notices of minor changes received by the division.

AUTHORITY: section 622.027, RSMo Supp. 1997.* Original rule filed June 22, 1998, effective Feb. 28, 1999. *Original authority: 622.027, RSMo 1985, amended 1993, 1995.