Current through Register Vol. 49, No. 18, September 16, 2024
(1) Notwithstanding any provision within 7
CSR 265-8 to the contrary, rail fixed guideway systems (RFGS) as defined in
Title 49 Code of Federal Regulations (CFR) Subpart 674.7 shall be governed by
the rules in this chapter, and not by the rules in 7 CSR 265-8. The regulations
in 49 CFR Part 674.7 is incorporated herein by reference and made a part of
this rule as published October 1, 2016, by the Federal Transit Administration,
United States Department of Transportation, 1200 New Jersey Avenue SE,
Washington, DC 20590. This rule does not incorporate any subsequent amendments
or additions.
(2) As used in this
chapter unless the context clearly requires otherwise, the following
definitions and the definitions in Title 49 CFR Part 674 and Title 49 United
States Code (USC) 5329, which are incorporated by reference and made a part of
this rule as published by the United States Government Publishing Office, 732
North Capitol Street NW, Washington, DC 20401 on October 1, 2016, and March 15,
2016, respectively, and this rule does not incorporate any subsequent
amendments or additions to the CFRs and USC, apply:
(A) Commission. The Missouri Highways and
Transportation Commission;
(B)
Contractor. An entity that performs tasks required by 49 CFR Part 674 , on
behalf of the rail fixed guideway system or the division. A rail fixed guideway
system may not be a contractor for the division;
(C) Department. The Missouri Department of
Transportation;
(D) 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, it means the
Multimodal Operations Division;
(E) Employee. Any individual employed by a rail fixed
guide-way system for any period in any work for which s/he is compensated,
whether full- or 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;
(F) FTA. The Federal Transit Administration,
an agency within the United States Department of Transportation;
(G) Passenger operations. The period of time
when any aspect of rail transit agency operations are initiated with the intent
to carry passengers;
(H)
Pedestrian grade crossing. A location where one (1) or more rail transit system
tracks cross a public sidewalk or pathway used by pedestrians at
grade;
(I) Rail-highway grade
crossing. A location where one (1) or more rail transit system tracks cross a
public highway, road, street, or private roadway, and includes a pedestrian
grade crossing. A rail-highway grade crossing also includes a highway or
pathway intersection on a street running rail transit system, excluding
driveways and parking lot entrances;
(J) Rail transit agency. An entity that operates a
rail fixed guideway system;
(K)
Rail transit system. A rail fixed guideway public transportation system in
accordance with 49 CFR Part 674 ;
(L) Security plan (SP). A document developed and
adopted by the rail transit agency describing its security policies,
objectives, responsibilities, and procedures;
(M) Street running rail transit system. A
rail transit system in which the track(s) is embedded in a highway, road, or
street and which operates in one (1) or more traffic lanes, either separate
from or shared with vehicle traffic, and whose operation is subject to the
applicable ordinances and traffic control devices for said public highway,
road, or street.
*Original authority: 389.1005, RSMo 1996 and 622.027, RSMo
1985, amended 1993, 1995.
