[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR646.210]

[Page 239]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 646_RAILROADS--Table of Contents
 
                   Subpart B_Railroad-Highway Projects
 
Sec.  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 elimination of hazards at railroad-highway crossings shall not apply 
to Federal-aid projects.
    (b) Pursuant to 23 U.S.C. 130(b), and 49 CFR 1.48:
    (1) Projects for grade crossing improvements are deemed to be of no 
ascertainable 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 
are 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 existing grade crossings at 
which active warning devices are in place or ordered to be installed by 
a State regulatory agency, the railroad share of the project costs shall 
be 5 percent.
    (4) On projects for the elimination of existing grade crossings at 
which active warning devices are not in place and have not been ordered 
installed by a State regulatory agency, or on projects which do not 
eliminate an existing crossing, there shall be no required railroad 
share of the project cost.
    (c) The required railroad share of the cost under Sec.  646.210(b) 
(3) shall be based on the costs for preliminary engineering, right-of-
way and construction within the limits described below:
    (1) Where a grade crossing is eliminated by grade separation, the 
structure and approaches required to transition to a theoretical highway 
profile which would have been constructed if there were no railroad 
present, for the number of lanes on the existing highway and in 
accordance with the current design standards of the State highway 
agency.
    (2) Where another facility, such as a highway or waterway, requiring 
a bridge structure is located within the limits of a grade separation 
project, the estimated cost of a theoretical structure and approaches as 
described in Sec.  646.210(c) (1) to eliminate the railroad-highway 
grade crossing without considering the presence of the waterway or other 
highway.
    (3) Where a grade crossing is eliminated by railroad or highway 
relocation, the actual cost of the relocation project, the estimated 
cost of the relocation project, or the estimated cost of a structure and 
approaches as described in Sec.  646.210(c)(1), whichever is less.
    (d) Railroads may voluntarily contribute a greater share of project 
costs than is required. Also, other parties may voluntarily assume the 
railroad's share.