1、248 23 CFR Ch. I (4111 Edition) Pt. 646 (d) When a utility files a notice or makes an individual application or re-quest to a STD to use or occupy the right-of-way of a Federal-aid highway project, the STD is not required to sub-mit the matter to the FHWA for prior concurrence, except when the propo
2、sed installation is not in accordance with this regulation or with the STDs util-ity accommodation policy approved by the FHWA for use on Federal-aid high-way projects. (e) The State transportation depart-ments practices under the policies or agreements approved under 645.215(b) of this part shall b
3、e periodically re-viewed by the FHWA. (Information collection requirements in paragraph (a) were approved by the Office of Management and Budget under control num-ber 21250514) 50 FR 20354, May 15, 1985, as amended at 53 FR 2834, Feb. 2, 1988; 60 FR 34851, July 5, 1995; 65 FR 70312, Nov. 22, 2000 PA
4、RT 646RAILROADS Subpart ARailroad-Highway Insurance Protection Sec. 646.101 Purpose. 646.103 Application. 646.105 Contractors public liability and property damage insurance. 646.107 Railroad protective insurance. 646.109 Types of coverage. 646.111 Amount of coverage. Subpart BRailroad-Highway Projec
5、ts 646.200 Purpose and applicability. 646.202 Reserved 646.204 Definitions. 646.206 Types of projects. 646.208 Funding. 646.210 Classification of projects and rail-road share of the cost. 646.212 Federal share. 646.214 Design. 646.216 General procedures. 646.218 Simplified procedure for accel-eratin
6、g grade crossing improvements. 646.220 Alternate Federal-State procedure. APPENDIX TO SUBPART B OF PART 646HORI-ZONTAL AND VERTICAL CLEARANCE PROVI-SIONS FOR OVERPASS AND UNDERPASS STRUCTURES AUTHORITY: 23 U.S.C. 109(e), 120(c), 130, 133(d)(1), and 315; 49 CFR 1.48(b). Subpart ARailroad-Highway Insu
7、rance Protection SOURCE: 39 FR 36474, Oct. 10, 1974, unless otherwise noted. 646.101 Purpose. The purpose of this part is to pre-scribe provisions under which Federal funds may be applied to the costs of public liability and property damage insurance obtained by contractors (a) for their own operati
8、ons, and (b) on be-half of railroads on or about whose right-of-way the contractors are re-quired to work in the construction of highway projects financed in whole or in part with Federal funds. 646.103 Application. (a) This part applies: (1) To a contractors legal liability for bodily injury to, or
9、 death of, per-sons and for injury to, or destruction of, property. (2) To the liability which may attach to railroads for bodily injury to, or death of, persons and for injury to, or destruction of, property. (3) To damage to property owned by or in the care, custody or control of the railroads, bo
10、th as such liability or damage may arise out of the contrac-tors operations, or may result from work performed by railroads at or about railroad rights-of-way in connec-tion with projects financed in whole or in part with Federal funds. (b) Where the highway construction is under the direct supervis
11、ion of the Federal Highway Administration (FHWA), all references herein to the State shall be considered as references to the FHWA. 646.105 Contractors public liability and property damage insurance. (a) Contractors may be subject to li-ability with respect to bodily injury to or death of persons, a
12、nd injury to, or destruction of property, which may be suffered by persons other than their own employees as a result of their op-erations in connection with construc-tion of highway projects located in whole or in part within railroad right- of-way and financed in whole or in part with Federal fund
13、s. Protection to cover such liability of contractors shall be VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00258 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,
14、-249 Federal Highway Administration, DOT 646.111 furnished under regular contractors public liability and property damage insurance policies issued in the names of the contractors. Such policies shall be so written as to furnish protection to contractors respecting their oper-ations in performing wo
15、rk covered by their contract. (b) Where a contractor sublets a part of the work on any project to a subcon-tractor, the contractor shall be re-quired to secure insurance protection in his own behalf under contractors public liability and property damage insurance policies to cover any liabil-ity imp
16、osed on him by law for damages because of bodily injury to, or death of, persons and injury to, or destruction of, property as a result of work under-taken by such subcontractors. In addi-tion, the contractor shall provide for and on behalf of any such subcontrac-tors protection to cover like liabil
17、ity imposed upon the latter as a result of their operations by means of separate and individual contractors public li-ability and property damage policies; or, in the alternative, each subcon-tractor shall provide satisfactory in-surance on his own behalf to cover his individual operations. (c) The
18、contractor shall furnish to the State highway department evi-dence satisfactory to such department and to the FHWA that the insurance coverages required herein have been provided. The contractor shall also fur-nish a copy of such evidence to the railroad or railroads involved. The in-surance specifi
19、ed shall be kept in force until all work required to be performed shall have been satisfactorily com-pleted and accepted in accordance with the contract under which the construc-tion work is undertaken. 646.107 Railroad protective insur-ance. In connection with highway projects for the elimination o
20、f hazards of rail-road-highway crossings and other high-way construction projects located in whole or in part within railroad right- of-way, railroad protective liability in-surance shall be purchased on behalf of the railroad by the contractor. The standards for railroad protective insur-ance estab
21、lished by 646.109 through 646.111 shall be adhered to insofar as the insurance laws of the State will permit. 39 FR 36474, Oct. 10, 1974, as amended at 47 FR 33955, Aug. 5, 1982 646.109 Types of coverage. (a) Coverage shall be limited to dam-age suffered by the railroad on account of occurrences ari
22、sing out of the work of the contractor on or about the rail-road right-of-way, independent of the railroads general supervision or con-trol, except as noted in 646.109(b)(4). (b) Coverage shall include: (1) Death of or bodily injury to pas-sengers of the railroad and employees of the railroad not co
23、vered by State workmens compensation laws; (2) Personal property owned by or in the care, custody or control of the rail-roads; (3) The contractor, or any of his agents or employees who suffer bodily injury or death as the result of acts of the railroad or its agents, regardless of the negligence of
24、 the railroad; (4) Negligence of only the following classes of railroad employees: (i) Any supervisory employee of the railroad at the job site; (ii) Any employee of the railroad while operating, attached to, or en-gaged on, work trains or other railroad equipment at the job site which are as-signed
25、 exclusively to the contractor; or (iii) Any employee of the railroad not within (b)(4) (i) or (ii) who is specifi-cally loaned or assigned to the work of the contractor for prevention of acci-dents or protection of property, the cost of whose services is borne specifi-cally by the contractor or gov
26、ern-mental authority. 646.111 Amount of coverage. (a) The maximum dollar amounts of coverage to be reimbursed from Fed-eral funds with respect to bodily in-jury, death and property damage is limited to a combined amount of $2 million per occurrence with an aggre-gate of $6 million applying separatel
27、y to each annual period except as pro-vided in paragraph (b) of this section. (b) In cases involving real and de-monstrable danger of appreciably high-er risks, higher dollar amounts of cov-erage for which premiums will be reim-bursable from Federal funds shall be VerDate Mar2010 09:39 May 11, 2011
28、Jkt 223076 PO 00000 Frm 00259 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-250 23 CFR Ch. I (4111 Edition) 646.200 allowed. These larger amounts will de-pend on circumstan
29、ces and shall be written for the individual project in ac-cordance with standard underwriting practices upon approval of the FHWA. 39 FR 36474, Oct. 10, 1974, as amended at 47 FR 33955, Aug. 5, 1982 Subpart BRailroad-Highway Projects SOURCE: 40 FR 16059, Apr. 9, 1975, unless otherwise noted. 646.200
30、 Purpose and applicability. (a) The purpose of this subpart is to prescribe policies and procedures for advancing Federal-aid projects involv-ing railroad facilities. (b) This subpart, and all references hereinafter made to projects, applies to Federal-aid projects involving railroad facilities, inc
31、luding projects for the elimination of hazards of railroad-high-way crossings, and other projects which use railroad properties or which involve adjustments required by high-way construction to either railroad fa-cilities or facilities that are jointly owned or used by railroad and utility companies
32、. (c) Additional instructions for projects involving the elimination of hazards of railroad/highway grade crossings pursuant to 23 U.S.C. 130 are set forth in 23 CFR part 924. (d) Procedures on reimbursement for projects undertaken pursuant to this subpart are set forth in 23 CFR part 140, subpart I
33、. (e) Procedures on insurance required of contractors working on or about railroad right-of-way are set forth in 23 CFR part 646, subpart A. 40 FR 16059, Apr. 9, 1975, as amended at 45 FR 20795, Mar. 31, 1980; 62 FR 45328, Aug. 27, 1997 646.202 Reserved 646.204 Definitions. For the purposes of this
34、subpart, the following definitions apply: Active warning devices means those traffic control devices activated by the approach or presence of a train, such as flashing light signals, automatic gates and similar devices, as well as manu-ally operated devices and crossing watchmen, all of which displa
35、y to mo-torists positive warning of the ap-proach or presence of a train. Company shall mean any railroad or utility company including any wholly owned or controlled subsidiary thereof. Construction shall mean the actual physical construction to improve or eliminate a railroad-highway grade crossing
36、 or accomplish other railroad involved work. A diagnostic team means a group of knowledgeable representatives of the parties of interest in a railroad-high-way crossing or a group of crossings. Main line railroad track means a track of a principal line of a railroad, includ-ing extensions through ya
37、rds, upon which trains are operated by timetable or train order or both, or the use of which is governed by block signals or by centralized traffic control. Passive warning devices means those types of traffic control devices, includ-ing signs, markings and other devices, located at or in advance of
38、 grade cross-ings to indicate the presence of a cross-ing but which do not change aspect upon the approach or presence of a train. Preliminary engineering shall mean the work necessary to produce con-struction plans, specifications, and es-timates to the degree of completeness required for undertaki
39、ng construction thereunder, including locating, sur-veying, designing, and related work. Railroad shall mean all rail carriers, publicly-owned, private, and common carriers, including line haul freight and passenger railroads, switching and ter-minal railroads and passenger carrying railroads such a
40、s rapid transit, com-muter and street railroads. Utility shall mean the lines and facili-ties for producing, transmitting or dis-tributing communications, power, elec-tricity, light, heat, gas, oil, water, steam, sewer and similar commodities. 40 FR 16059, Apr. 9, 1975, as amended at 62 FR 45328, Au
41、g. 27, 1997 646.206 Types of projects. (a) Projects for the elimination of hazards, to both vehicles and pedes-trians, of railroad-highway crossings may include but are not limited to: (1) Grade crossing elimination; VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00260 Fmt 8010 Sfmt 8010
42、 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-251 Federal Highway Administration, DOT 646.212 (2) Reconstruction of existing grade separations; and (3) Grade crossing improvements. (b) Other
43、 railroad-highway projects are those which use railroad properties or involve adjustments to railroad fa-cilities required by highway construc-tion but do not involve the elimination of hazards of railroad-highway cross-ings. Also included are adjustments to facilities that are jointly owned or used
44、 by railroad and utility companies. 646.208 Funding. (a) Railroad/highway crossing projects may be funded through the Federal-aid funding source appropriate for the involved project. (b) Projects for the elimination of hazards at railroad/highway crossings may, at the option of the State, be funded
45、with the funds provided by 23 U.S.C. 133(d)(1). 62 FR 45328, Aug. 27, 1997 646.210 Classification of projects and railroad share of the cost. (a) State laws requiring railroads to share in the cost of work for the elimi-nation of hazards at railroad-highway crossings shall not apply to Federal-aid p
46、rojects. (b) Pursuant to 23 U.S.C. 130(b), and 49 CFR 1.48: (1) Projects for grade crossing im-provements are deemed to be of no as-certainable net benefit to the railroads and there shall be no required railroad share of the costs. (2) Projects for the reconstruction of existing grade separations a
47、re deemed to generally be of no ascertainable net benefit to the railroad and there shall be no required railroad share of the costs, unless the railroad has a specific contractual obligation with the State or its political subdivision to share in the costs. (3) On projects for the elimination of ex
48、isting grade crossings at which ac-tive warning devices are in place or or-dered to be installed by a State regu-latory agency, the railroad share of the project costs shall be 5 percent. (4) On projects for the elimination of existing grade crossings at which ac-tive warning devices are not in plac
49、e and have not been ordered installed by a State regulatory agency, or on projects which do not eliminate an ex-isting crossing, there shall be no re-quired railroad share of the project cost. (c) The required railroad share of the cost under 646.210(b)(3) shall be based on the costs for preliminary engineer-ing, right-of-way and construction within the limits described below: (1) Where a grade crossing is elimi-nated by grade sep
