Mo. Code Regs. tit. 7 § 265-8.010

Current through Register Vol. 49, No.12, June 17, 2024

Section 7 CSR 265-8.010 - Accidents

PURPOSE: This amendment moves the rule from Title 4 to Title 7, incorporates the federal definition of hazardous material into the rule, specifies when a railroad shall provide notice of an accident, updates and incorporates the reference to federal regulations for hazardous material reporting and accident reporting consistent with such federal regulations, and eliminates unnecessary restrictive wording.

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) 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.

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

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-

A. A person is killed;

B. A person receives injuries requiring his/her hospitalization;

C. Estimated carrier or other property damage exceeds fifty thousand dollars ($50,000);

D. Fire, breakage, spillage, or suspected radioactive contamination occurs involving shipment of radioactive material;

E. Fire, breakage, spillage, or suspected contamination occurs involving shipment of etiologic agents; or

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;

2. Major railroad accident. All derailments, 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

3. Fatal grade crossing accident. All accidents which occur at grade crossings that involve railroad rolling equipment which results in a fatality.

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

1. All grade crossing accidents which involve railroad rolling equipment that result in a personal injury of which the railroad has knowledge;

2. All derailments, collisions or other train accidents when five (5) or more cars are derailed;

3. All accidents which result in the loss of life to any person as a result of railroad operations; and

4. All accidents which involve AMTRAK, or any other passenger train.

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

1. Be made to the division at (573) 751-4291; and

2. Provide the following information:

A. Name of the official making report;

B. Phone number where the official can be reached;

C. Name of the carrier involved;

D. Date, time, location, and type of accident;

E. Equipment involved, if the information is available;

F. Classification, name, and quantity of hazardous materials involved if the information is available; and

G. Number of persons killed or injured.

(2) Written Accident Report Prepared.

(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.

(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.

(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.

7 CSR 265-8.010

Renumbered from 4 CSR 265-8.010 by Missouri Register September 17, 2018/Volume 43, Number 18, effective 10/31/2018