PURPOSE: This rule provides that this chapter is to govern rail fixed guideway systems instead of 7 CSR 265-8 and prescribes definitions for certain words and terms used in the rules within this chapter.

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. (1) Notwithstanding any provision within 7 CSR 265-8 to the contrary, rail fixed guideway systems as defined in this rule shall be governed by the rules in this chapter, and not by the rules in 7 CSR 265-8.

2. (2) As used in this chapter unless the context clearly requires otherwise, the following definitions and the definitions in Title 49 Code of Federal Regulations (CFR) sections 659.5 and 659.15, which are incorporated by reference and made a part of this rule as published by the United States Government Printing Office, 732 North Capitol Street NW, Washington, DC 20401 on October 1, 2006, and this rule does not incorporate any subsequent amendments or additions to the CFRs, apply:

   1. (A) Contractor. An entity that performs tasks required by 49 CFR part 659, on behalf of the rail fixed guideway system or the division. A rail fixed guideway system shall not be a contractor for the division;
   2. (B) Division. The Multimodal Operations Division within the Department of Transportation, which is authorized by the state Highways and Transportation Commission, as the State Safety and Security Oversight (SSO) agency for the state of Missouri. Whenever the term “division” is used within the rules in this chapter, the term shall be interpreted as meaning the Multimodal Operations Division;
   3. (C) Employee. Any individual employed by a rail fixed guideway system for any period in any work for which s/he is compensated, whether fullor part-time, whose regular course of employment relates to the operation, inspection, maintenance, or construction of the physical rail fixed guideway system property or the operation of trains;
   4. (D) Rail fixed guideway system (RFGS). Any light rail, as defined in section 386.020, RSMo; any street railroad, as defined in section 622.100, RSMo; or any heavy or rapid rail system, monorail, inclined plain, funicular, trolley, or automated guideway that 1) is not regulated by the Federal Railroad Administration; 2) is included in Federal Transit Administration’s (FTA’s) calculation of fixed guideway route miles or receives funding under FTA’s formula program for urbanized areas (49 United States Code (U.S.C.) 5336); or 3) has submitted documentation to FTA indicating its intent to be included in FTA’s calculation of fixed guideway route miles to receive funding under FTA’s formula program for urbanized areas (49 U.S.C. 5336);
   5. (E) FRA. The Federal Railroad Administration, an agency within the United States Department of Transportation.
   6. (F) FTA. The Federal Transit Administration, an agency within the United States Department of Transportation;
   7. (G) Hazard. Any real or potential condition that can cause injury, illness, or death; damage to or loss of a system, equipment, or property; or damage to the environment;
   8. (H) Highrail wheels. Any retractable flanged wheel assembly designed to allow a highway vehicle to operate on the track;
   9. (I) Light rail. Every rail transportation system in which one or more rail vehicles are propelled electrically by overhead catenary wire upon tracks located substantially within an urban area and are operated exclusively in the transportation of passengers and their baggage, and including all bridges, tunnels, equipment, switches, spurs, tracks, stations, used in connection with the operation of light rail;
   10. (J) Passenger. A person who is on board, boarding, or alighting from a rail transit vehicle for the purpose of travel;
   11. (K) Passenger operations. The period of time when any aspect of rail transit agency operations are initiated with the intent to carry passengers;
   12. (L) Pedestrian grade crossing. A location where one (1) or more transit system tracks cross a public sidewalk or pathway used by pedestrians at grade; 7 CSR 265-9
   13. (M) Rail-highway grade crossing. A location where one (1) or more transit system tracks cross a public highway, road, street or private roadway, and includes a pedestrian grade crossing;
   14. (N) Rail transit agency. An entity that operates a rail fixed guideway system;
   15. (O) Rail transit system. A rail fixed guideway system;
   16. (P) Rail transit vehicle. A rail transit agency’s rolling stock, including but not limited to passenger and maintenance vehicles;
   17. (Q) Security plan (SP). A document developed and adopted by the rail transit agency describing its security policies, objectives, responsibilities, and procedures;
   18. (R) System safety program plan (SSPP). A document developed and adopted by the rail transit agency describing its safety policies, objectives, responsibilities, and procedures;
   19. (S) System safety program standard, or “program standard.” The policies, objectives, responsibilities, and procedures used to provide the rail transit agency safety and security oversight, which includes the SSO Manual and the rules contained within this chapter;
   20. (T) State Safety and Security Oversight Programs Manual for Missouri Light Rail (the SSO Manual), which is incorporated herein by reference and made a part of this rule as published by the Missouri Highways and Transportation Commission, Multimodal Operations Division, 2217 St. Mary’s Boulevard, Jefferson City, Missouri 65109, 2006 Edition. This rule does not incorporate any subsequent amendments or additions of this manual. The manual developed by the division is used to provide standards, procedures, and technical direction to rail fixed guideway systems in order to implement the Missouri state safety and security oversight program as authorized in sections 389.1005 and 389.1010, RSMo and 49 CFR part 659; and
   21. (U) Train. Includes any light rail vehicle, on-track work equipment, railroad, or street railroad car or locomotive engine.

AUTHORITY: sections 389.1005 and 622.027, RSMo 2000.* This rule originally filed as 4 CSR 265-9.010. Emergency rule filed Feb. 5, 1993, effective Feb. 15, 1993, expired June 14, 1993. Original rule filed Nov. 4, 1992, effective June 7, 1993. Emergency amendment filed Aug. 19, 1996, effective Aug. 29, 1996, expired Feb. 25, 1997. Emergency amendment filed Dec. 20, 1996, effective Dec. 30, 1996, expired June 27, 1997. Amended: Filed June 22, 1998, effective Feb. 28, 1999. Moved and amended: Filed: Nov. 20, 2006, effective June 30, 2007. *Original authority: 389.1005, RSMo 1996 and 622.027, RSMo 1985, amended 1993, 1995.