PURPOSE: This rule provides for the reporting of railroad accidents, to ensure that the division has adequate notice and timely opportunity to investigate railroad accidents, and to obtain information pertinent to regulatory enforcement and planning for safety improvements.

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 7 CSR 265-8

reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

1. (1) Every railroad and street railroad corporation engaged in business in this state is to give notice to this division of railroad accidents and incidents as set forth in this rule.

   1. (A) The division will be furnished with prompt telephone notice, twenty-four (24) hours a day for the following accidents/incidents:

      1. 1. Hazardous material incident. For the

purposes of this rule, the term hazardous material has the same meaning as found in Title 49, Code of Federal Regulations (CFR), Part 171.8, which is incorporated herein by reference and made a part of this rule as published October 1, 2016 by the Pipeline and Hazardous Materials Safety 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. Each incident that occurs during the course of transportation of hazardous materials (including loading, unloading, and temporary storage) in which as a direct result of hazardous materials—

1. A. A person is killed;
2. B. A person receives injuries requir-

ing his/her hospitalization;

1. C. Estimated carrier or other proper-

ty damage exceeds fifty thousand dollars ($50,000);

1. D. Fire, breakage, spillage, or sus-

pected radioactive contamination occurs involving shipment of radioactive material;

1. E. Fire, breakage, spillage, or sus-

pected contamination occurs involving shipment of etiologic agents; or

1. F. A situation exists of a nature that,

in the judgment of the carrier, it should be reported in accordance with subsection (1)(C) of this rule even though it does not meet the criteria of subparagraphs A., B., or C., of this paragraph 1., for example, a continuing danger to life exists at the scene of the incident;

1. 2. Major railroad accident. All derail-

ments, collisions, or other train accidents when ten (10) or more cars derail on trackage where trains operate at speeds greater than ten (10) miles per hour; and

1. 3. Fatal grade crossing accident. All

accidents which occur at grade crossings that involve railroad rolling equipment which results in a fatality.

1. (B) The division will be furnished with prompt telephone notice during regular working hours for the following accidents:

   1. 1. All grade crossing accidents which

involve railroad rolling equipment that result in a personal injury of which the railroad has knowledge;

1. 2. All derailments, collisions, or other

train accidents when five (5) or more cars are derailed;

1. 3. All accidents which result in the loss

of life to any person as a result of railroad operations; and

1. 4. All accidents which involve

AMTRAK, or any other passenger train.

1. (C) Reports made in accordance with subsections (1)(A) and (B) of this rule are to—

   1. 1. Be made to the division at (573) 751-

4291; and

1. 2. Provide the following information:

   1. A. Name of the official making

report;

1. B. Phone number where the official

can be reached;

1. C. Name of the carrier involved;
2. D. Date, time, location, and type of

accident;

1. E. Equipment involved, if the infor-

mation is available;

1. F. Classification, name, and quantity

of hazardous materials involved if the information is available; and

1. G. Number of persons killed or

injured.

1. (2) Written Accident Report Prepared.

   1. (A) Each railroad or street railroad which submits a report of Hazardous Materials Incident in accordance with paragraph (1)(A)1. of this rule shall file a copy of the report made to the United States Department of Transportation as required in 49 CFR 171.16 to the division within the same time period as prescribed by the United States Department of Transportation. 49 CFR 171.16 is incorporated herein by reference and made a part of this rule as published October 1, 2016 by the Pipeline and Hazardous Materials Safety 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. (B) Each railroad or street railroad shall submit to the division a monthly report of all accidents which must be reported to the United States Department of Transportation that includes all other accidents at grade crossings involving rolling equipment of which the railroad has knowledge. The form of these reports shall be the same forms as required by the United States Department of Transportation and prepared in accordance with the Federal Railroad Administration (FRA) Guide for Preparing Accident/Incident Reports, which is hereby incorporated by reference and made a part of this rule as published May 23, 2011 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 guide.
2. (3) Upon division request, the details of any accident or delay to traffic not specifically provided for in this rule shall be immediately furnished to the division by the railroad or street railroad corporation.

AUTHORITY: section 622.027, RSMo 2016.* This rule originally filed as 4 CSR 265-8.010. Emergency rule filed June 14, 1985, effective July 1, 1985, expired Oct. 28, 1985. Original rule filed Aug. 1, 1985, effective Oct. 29, 1985. Amended: Filed April 16, 1986, effective June 30, 1986. Amended: Filed May 2, 1991, effective Dec. 9, 1991. Amended: Filed June 22, 1998, effective Feb. 28, 1999. Moved and amended: Filed March 9, 2018, effective Oct. 30, 2018. *Original authority: 622.027, RSMo 1985, amended 1993, 1995.