Tenn. Comp. R. & Regs. 1680-09-01-.05 - PROCEDURES FOR APPROVALS AND INSPECTIONS

(1) Application Requirement.

(a) Whenever any person, railroad company, or governmental entity other than the Department proposes the construction of a public crossing, as defined in these Rules, or the conversion of a private crossing to a public crossing, as defined in these Rules, the person, railroad company or governmental entity proposing the construction or conversion must submit a written application for approval of the plans to the Rail Safety Office, or to such other office of the Department as the Commissioner may designate.

(b) The current address of the Rail Safety Office is Suite 1800, James K. Polk Building, 505 Deaderick Street, Nashville, Tennessee 37243, and the current telephone number is (615) 741-1341; however, the address and telephone number of the Rail Safety Office may be subject to change without amendment of these Rules.

(2) Information Required in Application.

The applicant shall provide all relevant information regarding the proposed construction or conversion of the grade crossing, as determined by the Department. At a minimum, unless the Department expressly waives any item of information, the application shall contain:

(a) The name, address, and telephone number of the applicant, and the identity of the contact person;

(b) The name and address of the railroad company that owns and/or operates trains on the track(s) at the grade crossing, and the identity of the contact person, if known;

(c) The name and address of the governmental entity having jurisdiction, or which will have jurisdiction, over the roadway at the grade crossing, and the identity of the contact person;

(d) Maps or other documentation showing:

1. The general and specific location of the proposed construction or conversion of the grade crossing;

2. The USDOT-AAR crossing inventory number, if assigned, and the railroad milepost number for the crossing;

3. The geodetic coordinates of the grade crossing;

4. Existing patterns of traffic for:

(i) emergency vehicles;

(ii) school buses;

(iii) vehicles carrying hazardous materials; and

(iv) trucks;

5. The distance in each direction along the roadway to any public road intersection within 2,500 feet of the grade crossing, the type of public roads, and the type of roadway signs and markings and/or traffic control devices, if any, at each such intersection; and

6. The distance in each direction along the railroad track(s) to any public road intersection within one mile of the grade crossing, the type of public roads, the type of crossing (grade crossing or grade separation), and the type of passive warning devices and/or active warning devices, if any, at each such crossing;

7. The distance in each direction along the railroad track(s) to any intersection or junction with another railroad track within two miles of the grade crossing;

8. Sight distance calculations, consistent with the AASHTO Design Manual, for the presence of any objects or features that obstruct the view from a vehicle on the roadway to the grade crossing or the approaching train;

(e) Plans for the construction or conversion showing:

1. The present and proposed grade and alignment of the roadway within 500 feet of the grade crossing, or within 100 feet beyond the limit of work, whichever is less;

2. The present and proposed grade and alignment of the railroad track(s) within 200 feet of the grade crossing;

3. The present and proposed right-of-way limits of the roadway and railroad at the grade crossing; and

(f) Construction details, including but not limited to the typical roadway cross-section;

(g) The temporary traffic control plan, or plan for the detour of vehicular traffic, during construction;

(h) The proposed schedule of construction or conversion;

(i) The existing ADT and the projected 5-year and 20-year ADT on the roadway at the grade crossing;

(j) The percentage of trucks at the grade crossing;

(k) The design speed of the roadway and the posted speed limits of vehicles using the roadway at the grade crossing;

(l) The existing frequency of trains, types of trains (passenger, freight or switching), and the maximum and average speeds of trains using the railroad track(s) at the grade crossing;

(m) The existing and proposed roadway signs, markings, or other traffic control devices, and any existing and/or proposed passive warning devices, active warning devices and interconnections, at the grade crossing; and

(n) A list of any alternatives to the proposed construction or conversion that have been considered by the applicant, including but not limited to the feasibility of a grade separation rather than at-grade crossing.

(3) Preparation of Plans by Registered Engineer.

All engineering plans, specifications and calculations required by the Department, as in subparagraphs (2)(d) through (2)(n) above, shall be prepared by a registered engineer licensed in the State of Tennessee.

(4) Review of Applications.

(a) Upon receipt of an application, together with the required application fee as described in Rule 1680-9-1-.07 below, the Rail Safety Office, or such other office of the Department as the Commissioner may designate, shall promptly send notice of the application to the railroad company that owns and/or operates trains on the track(s) and the governmental entity having or which will have jurisdiction over the roadway at the location of the proposed construction or conversion of the grade crossing.

(b) The Rail Safety Office, or other designated office, shall review the application for the proposed construction or conversion in accordance with the standards established in these Rules. That office may obtain the assistance of other employees within the Department as it may deem appropriate, and, in accordance with any contract approved by the Commissioner, it may obtain the services of an independent consultant to assist in reviewing the application.

(c) The Rail Safety Office, or other designated office, may determine, after reviewing the application or upon the request of the affected local government or affected railroad, that a field review by a diagnostic team is appropriate in order to conduct an adequate investigation and review of the proposed construction or conversion. The diagnostic team shall include such employees of the Department, or independent consultants hired by the Department, and such other persons, including employees of the affected local government and the affected railroad, as the Rail Safety Office, or other designated office, may deem appropriate in each case.

(d) Upon completing such review, the Rail Safety Office, or other designated office, shall make a preliminary recommendation to approve, reject, or request a modification of the proposed construction or conversion in accordance with the standards established in these Rules. The applicant shall be given notice of this preliminary recommendation and an opportunity, not to exceed 30 days, in which to respond to the preliminary recommendation.

(e) The preliminary recommendation shall also be submitted to the FHWA, the affected local government, and the affected railroad, if different than the applicant, and these entities shall be given an opportunity, not to exceed 30 days, in which to review and comment on the application and the Department's preliminary recommendation.

(f) The Rail Safety Office, or other designated office, shall consider any response received from the applicant and any comments received from the FHWA, the affected local government, and the affected railroad, if different from the applicant. Upon completing this final review and consideration, the Rail Safety Office, or other designated office, shall make a final recommendation to the Commissioner to approve, reject or modify the proposed construction or conversion.

(g) Upon receiving the final recommendation, the Commissioner shall make the decision to approve or reject the proposed construction or conversion, or to approve the proposed construction or conversion subject to modification. The Commissioner's decision shall be final. Notice of the Commissioner's decision shall be given to the applicant, the affected local government, and the affected railroad, if different from the applicant.

(h) Upon receiving the Commissioner's decision, the applicant shall notify the Rail Safety Office, or other designated office, regarding the applicant's intent to proceed with the construction or conversion as approved by the Department, including the date upon which the construction or conversion is expected to begin. The applicant shall also send a copy of this notice to the affected local government and the affected railroad, if different from the applicant.

(5) Construction or Conversion by the Department.

(a) In the case of any construction or conversion of a grade crossing proposed by the Department, the Department shall conduct an internal review of the proposed construction or conversion to assure compliance with the standards established under these Rules. This internal review shall be conducted in accordance with such policies and procedures as the Commissioner may deem appropriate. If the Department determines that a field review by a diagnostic team is appropriate in any particular case, the diagnostic team may include employees of the affected railroad and/or affected local government, if any, as well as employees or consultants of the Department and, where appropriate, representatives of FHWA.

(b) Before making a final decision to proceed with the proposed construction or conversion, the Department shall submit its proposal to the FHWA, the affected local government, and the affected railroad for review and comment as provided in paragraph (4)(e) above.

(6) Inspections.

(a) At or near the completion of the proposed construction or conversion, the applicant shall notify the Rail Safety Office, or other designated office, of the completion date and request a final inspection before opening the completed grade crossing to vehicular traffic.

(b) The Rail Safety Office, or other designated office, shall perform a final inspection to assure that the construction or conversion of the grade crossing has been completed in accordance with the plans approved by the Department. That office may obtain the assistance of other employees within the Department as it may deem appropriate, and, in accordance with any contract approved by the Commissioner, it may obtain the services of an independent consultant to assist in performing the inspection. The Department shall charge the applicant an inspection fee, as provided in Rule 1680-9-1-.07 below.

(c) Upon completing the final inspection, the Rail Safety Office, or other designated office, shall send a written notice to the applicant, with a copy to the affected local government and the affected railroad, if different from the applicant, stating that:

1. The construction or conversion has been completed in accordance with the plans approved by the Department and may be opened to vehicular traffic; or

2. The construction or conversion has not been completed in accordance with the plans approved by the Department and may not be opened to vehicular traffic. In such a case, the Department shall identify the deficiency in the construction or conversion that the applicant must correct before the grade crossing may be opened to vehicular traffic. Upon correcting the deficiency, the applicant shall so notify the Department and again request a final inspection, subject to payment of an inspection fee, as provided in this Rule.

Notes

Tenn. Comp. R. & Regs. 1680-09-01-.05

Original rule filed April 5, 2002; effective June 19, 2002. Rule has been assigned a new control number from 1680-12-1-.05 filed and effective February 1, 2003.

Authority: T.C.A. § 65-11-101.