La. Admin. Code tit. 70 § IX-1301

Current through Register Vol. 50, No. 11, November 20, 2024

Section IX-1301 - Closures of Grade Crossings

A. Applicability: Unless otherwise provided herein, this Rule shall apply to all public railroad grade crossings.

B. The department evaluates railroad grade crossings in accordance with 23 CFR 646 relative to railroad-highway projects based upon the following criteria:

1. estimated daily vehicular use at the crossing;

2. average number of trains passing the crossing per day (as provided by the railroad);

3. availability of alternative routes and distances to such routes;

4. train speeds at the crossing (as provided by the railroad);

5. highway/railroad accident/incident history at the crossing;

6. existing warning devices at the crossing;

7. degree of difficulty involved in improving the roadway approach by profile or in providing adequate warning devices such as flashing lights, gates, etc.;

8. sight distance and visibility at the crossing;

9. angle of intersection of alignments of the roadway and the railroad;

10. redundancy of crossings in the area;

11. proximity of a state highway, new crossing or recently upgraded crossing;

12. number of school busses using the crossing (as provided by the local governing authority);

13. number of unique vehicles using the crossing, such as those which carry hazardous materials or passengers for hire (as provided by the local governing authority); and

14. effect of any change on usage by emergency vehicles (as provided by the local governing authority).

C. If an evaluation suggests that closure of a public grade crossing is necessary for safety and in the best interest of the public, the department shall comply with the following procedures prior to closing the railroad grade crossing.

1. A review will be conducted in accordance with 23 CFR 646 by a diagnostic review team (DRT) team consisting of knowledgeable individuals. The department will collaborate with local officials to identify the individuals who will participate on the DRT.

2. The department highway/rail safety unit will send invitations to the DRT members by electronic transmission at least one week prior to the actual diagnostic review. The diagnostic review may occur earlier if agreed to by the DRT.

3. The department highway/rail safety unit will be responsible for providing the diagnostic review information to the DRT and for preparing and distributing completed criteria forms and comment sheets from the diagnostic review meeting.

4. The department highway/rail safety unit shall prepare the findings and recommendation of the DRT and produce all relevant documents and information that were considered. 5. Any diagnostic review that is older than 3 years shall be reevaluated by the department to insure that the original data and recommendations are still valid and if needed, the department will conduct another diagnostic review.

D. If the DRT recommends closure, the following procedures shall apply.

1. The department highway/rail safety engineer shall prepare a letter for approval by the chief engineer to proceed with the closure. This letter shall contain a brief explanation of the project location, the reasons for recommending the closure, any relevant attachments such as the diagnostic review meeting minutes, and the traffic analysis, if applicable.

2. If the department chief engineer agrees with the recommendation for closures, the chief engineer shall execute and forward the approval letter and furnish copies to the department assistant secretary, office of operations, the DRT, the applicable district administrator and elected officials and local public agencies.

3. The department highway/rail safety engineer shall provide notice of the approved closure in the following manners:

a. to the local governing authority, by certified mail;

b. to the railroad company, by mail;

c. to any other parties deemed by the department to have an interest in the proposed closure of the public grade crossing, by mail or electronic mail;

d. to local residents, including all property owners within a two mile radius of the subject crossing, by public notice with instructions for providing comments, published in the official journal where the crossing is located, by media release in local media outlets with instrucions on providing comments, and by posting a notice of closure at the railroad grade crossing that is subject to closure.

4. All notifications and publications, exclusive of the notice at the railroad grade crossing, shall establish a period of time, not less than 30 days, in which to provide comments and shall provide for a method by which the comments shall be delivered to the department. In addition, information may be obtained by visiting www.dotd.la.gov, or by e-mail at dotdcs@la.gov, or by calling the department customer service center at (225) 379-1232 or 1-877-4LADTOD (1-877-452-3683).

5. If the subject railroad grade crossing is on a state highway, the department will conduct a public meeting to address concerns of the local residents, businesses, and concerned citizens. The public meeting should be scheduled within 60 days of the notification.

6. If the subject railroad grade crossing is on a public non-state highway, the department will encourage the local public authority to hold a public meeting and may assist with the public meeting. The local public authority may request information from the department at the public meeting. Additional information may be obtained by visiting www.dotd.la.gov, or by e-mail at dotdcs@la.gov, or by calling the department's customer service center at (225) 379-1232 or 1-877-4LADOTD (1-877-452-3683). The notices relative to the local public meetings should be in accordance with the timelines established herein for state highway railroad grade crossings. The local public authority may request up to 45 additional days in which to convene a meeting or submit comments provided the request is in writing and received by the department highway/rail safety engineer or the department public affairs office within the initial 30-day period for comments.

7. If new information is presented or received that would cause the department to revise its recommendation for closure, or if an additional study is required as a result of new information, the department shall notify the local governing authority and the railroad company in writing of its revised plans.

8. The department will respond to comments received from the public and from the local governing authority in a timely fashion. After comments have been considered and after a public meeting has been conducted, as established herein, the department highway/rail safety engineer will prepare a notice of intent either, recommending, revising or rejecting the proposed railroad grade crossing closure to the department chief engineer. The notice of intent shall include a summary of findings and the manner of closure to be made to the crossing or adjacent crossings, if applicable.

9. If the department chief engineer approves the recommendation for closure, the notice of intent will be provided to the local governing authority by certified mail and to the railroad company by e-mail or regular mail.

10. For roadways maintained by local public entities, the local governing authority may request a reconsideration of the decision of the department chief engineer. Any such request must be in writing and received by the department chief engineer within 15 workdays from receipt of the notice of intent. If the request for reconsideration is timely received, the department secretary, chief engineer and executive director of the Louisiana Highway Safety Commission will meet to reconsider the approval. A final determination should be made within 15 workdays of receipt of the request for reconsideration.

11. Once the final determination is made, the department will work in conjunction with the railroad company to accomplish the work necessary to implement the consolidation/closure.

12. The local governing authority shall be kept apprised of the closure work schedule as follows.

a. The department will contact the local governing authority and applicable elected officials by telephone to relay the final decision of the department.

b. The department will issue a media release of the closure in accordance with current department policy.

c. A formal written notice will be sent to the local governing authority by certified mail, and the railroad company with the expected date of closure, and assurances that the closure will be made at no cost to the local public authority.

d. The department district office will notify appropriate emergency personnel of the closure.

13. Department district personnel will work with the railroad company to place any needed barricades on both sides of the crossing within the date provided in the media release.

14. After the crossing is physically closed, the department and railroad will work with the local public authority to remove any portion of local roadway within the city or parish right-of-way, if applicable, and install signs or other appurtenances, as needed.

15. The railroad company and the department will remove portions of roadway within its right-of-way, as applicable.

La. Admin. Code tit. 70, § IX-1301

Promulgated by the Department of Transportation and Development, Division of Aviation and Public Transportation, LR 25:95 (January 1999), amended by the Department of Transportation and Development, Office of Engineering, LR 39:3325 (December 2013).

AUTHORITY NOTE: Promulgated in accordance with R.S. 48:390.