Applicability of Chapter; Definitions

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 publication of the entire text of the material that 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) 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 Oversight Agency (SSOA) 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 guideway 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. AUTHORITY: sections 389.1005 and 622.027, RSMo 2016.* 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. Amended: Filed Oct. 6, 2017, effective May 30, 2018. Amended: Filed Dec. 9, 2022, effective July 30, 2023. *Original authority: 389.1005, RSMo 1996, and 622.027, RSMo 1985, amended 1993, 1995.