[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: 23CFR646.214]

[Page 240]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 646_RAILROADS--Table of Contents
 
                   Subpart B_Railroad-Highway Projects
 
Sec.  646.214  Design.

    (a) General. (1) Facilities that are the responsibility of the 
railroad for maintenance and operation shall conform to the 
specifications and design standards used by the railroad in its normal 
practice, subject to approval by the State highway agency and FHWA.
    (2) Facilities that are the responsibility of the highway agency for 
maintenance and operation shall conform to the specifications and design 
standards and guides used by the highway agency in its normal practice 
for Federal-aid projects.
    (b) Grade crossing improvements. (1) All traffic control devices 
proposed shall comply with the latest edition of the Manual on Uniform 
Traffic Control Devices for Streets and Highways supplemented to the 
extent applicable by State standards.
    (2) Pursuant to 23 U.S.C. 109(e), where a railroad-highway grade 
crossing is located within the limits of or near the terminus of a 
Federal-aid highway project for construction of a new highway or 
improvement of the existing roadway, the crossing shall not be opened 
for unrestricted use by traffic or the project accepted by FHWA until 
adequate warning devices for the crossing are installed and functioning 
properly.
    (3)(i) Adequate warning devices, under Sec.  646.214(b) (2) or on 
any project where Federal-aid funds participate in the installation of 
the devices are to include automatic gates with flashing light signals 
when one or more of the following conditions exist:
    (A) Multiple main line railroad tracks.
    (B) Multiple tracks at or in the vicinity of the crossing which may 
be occupied by a train or locomotive so as to obscure the movement of 
another train approaching the crossing.
    (C) High Speed train operation combined with limited sight distance 
at either single or multiple track crossings.
    (D) A combination of high speeds and moderately high volumes of 
highway and railroad traffic.
    (E) Either a high volume of vehicular traffic, high number of train 
movements, substantial numbers of schoolbuses or trucks carrying 
hazardous materials, unusually restricted sight distance, continuing 
accident occurrences, or any combination of these conditions.
    (F) A diagnostic team recommends them.
    (ii) In individual cases where a diagnostic team justifies that 
gates are not appropriate, FHWA may find that the above requirements are 
not applicable.
    (4) For crossings where the requirements of Sec.  646.214(b) (3) are 
not applicable, the type of warning device to be installed, whether the 
determination is made by a State regulatory agency, State highway 
agency, and/or the railroad, is subject to the approval of FHWA.
    (c) Grade crossing elimination. All crossings of railroads and 
highways at grade shall be eliminated where there is full control of 
access on the highway (a freeway) regardless of the volume of railroad 
or highway traffic.

[40 FR 16059, Apr. 9, 1975, as amended at 47 FR 33955, Aug. 5, 1982; 62 
FR 45328, Aug. 27, 1997]