La. Admin. Code tit. 70 § IX-1303

Current through Register Vol. 50, No. 11, November 20, 2024

Section IX-1303 - Obstruction of Roadways at Railroad Grade Crossing for a Maximum of Twenty Minutes-Variances

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.

La. Admin. Code tit. 70, § IX-1303

Promulgated by the Department of Transportation and Development, Division of Aviation and Public Transportation, LR 25:96 (January 1999).

AUTHORITY NOTE: Promulgated in accordance with R.S. 48:390 and 390.1.