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RULES AND REGULATIONS FOR CARRYING OUT THE PROVISIONS

OF THE EMERGENCY RELIEF APPROPRIATION ACT OF 1935 (PUB. RES. NO. 11–74TH CONG.) WHICH RELATE TO THE ELIMINATION OF HAZARDS TO LIFE AT RAILROAD GRADE CROSSINGS, IN ACCORDANCE WITH THE PROVISIONS OF THE FEDERAL HIGHWAY ACT

(GRADE CROSSINGS) [Approved by the Secretary of Agriculture and by the Works Progress Administrator July 8, 1935, and by the President of the United States July 12, 1933, AS AMENDED August 29, 1935, and September 12, 1935]

DEFINITIONS

SECTION 1. For the purpose of these rules and regulations, the following definitions shall be controlling.

The term "Act” shall mean those provisions of the Emergency Relief Appropriation Act of 1935 (Pub. Res. No. 11–74th Cong.) which provide for the elimination of existing hazards to life at railroad grade crossings, including the separation or protection of grades at crossings, the reconstruction of existing railroad grade-crossing structures, and the relocation of highways to eliminate grade crossings in accordance with the provisions of the Federal Highway Act as amended and supplemented and subject to the provisions of section 1 of the act of June 18, 1934 (48 Stat. 993).

The term “ State” as used herein shall include the Territory of Hawaii and the District of Columbia.

The term “ Secretary” shall mean the Secretary of Agriculture of the United States.

The term “Works program grade-crossing funds" shall mean the $200,000,000 of Federal funds allocated by the President under the act and any further sums so allocated and apportioned to the several States by the Secretary of Agriculture for the elimination of hazards to life at railroad grade crossings, in accordance with the provisions of the Federal Highway Act as amended and supplemented and subject to the provisions of section 1 of the act of June 18, 1934 (48 Stat. 993).

Projects located on the Federal-aid highway system outside of municipalities involving the use of such funds shall be designated “U. S. Works Program Grade-Crossing Project No. WPGH —,” Projects within municipalities, whether or not located on extensions of the Federal-aid highway system into and through such municipalities, involving the use of such funds shall be designated “U. S. Works Program Grade-Crossing Project No. WPGM —." Projects located on secondary or feeder roads outside of municipalities involving the use of such funds shall be designated “U. S. Works Program Grade-Crossing Project No. WPGS —" Any signs which may be displayed on any such project for the purpose of its identification by firms or individuals to whom any contract for its construction is awarded shall refer to the project by the appropriate foregoing designation.

The term apportionment” refers to the amounts which have been placed to the credit of the individual States by the Secretary's certificate of apportionment of June 3, 1935, for the elimination of hazards to life at railroad grade crossings.

Secondary or feeder roads” for the purpose of these regulations shall be defined as roads outside of municipalities and streets within municipalities which are not included in the approved Federal-aid highway system or extensions thereof into and through municipalities.

A “municipality" shall be construed to mean a populous community, generally of defined area, usually organized pursuant to law into a body politic with corporate name and continuous succession and for the purpose and with the authority of subordinate local self-government.

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INITIATION OF PROJECTS

SEC. 2. All projects under this act shall be initiated by the States and submitted in the same manner as other Federal-aid projects, and all such projects

shall be subject to all of the provisions of the rules and regulations of the Secretary of Agriculture for administering the Federal Highway Act, as heretofore promulgated, except such provisions as are inconsistent or in conflict with these rules and regulations.

APPLICATION OF FUNDS TO PROJECTS

SEC. 3. The funds apportioned to any State under the act shall be applied to projects which eliminate the hazards to life at railroad grade crossings without limitation as to location of projects, except that not less than 25 percent of a State's apportionment shall be expended for eliminating the hazards to life at railroad grade crossings with secondary or feeder roads as defined herein unless a lesser percentage is approved by the Secretary upon a satisfactory showing by the State as contemplated in section 1 of the act of June 18, 1934 (48 Stat. 993).

To secure a reasonably equitable distribution of benefits to the individually operated railroads in a State, projects shall be apportioned, within practical limits, to the individually operated railroads in such manner that the total cost of the project or projects for the elimination of hazards to life at railroad grade crossings on any individually operated railroad shall have approximately the same relation to the total apportionment to the State as the mileage of railroad owned or operated by such railroad bears to the total mileage of railroads owned or operated in the State. For this purpose data obtained from the Interstate Commerce Commission will be furnished the State showing the mileage, exclusive of trackage rights, owned or operated on December 31, 1934, by the individual class 1 railroads in the State, together with the mileage of all other classifications of railroads owned or operated in the State.

The mileage of high-speed electric railway lines in any State may be considered in connection with the programming of projects, in which event such mileage shall be reported by a State highway department when submitting the first increment of its program. Nothing in this method of distribution of projects shall operate to prevent the elimination of hazards to life at important main-line railroad crossings of individually operated railroads which railroads may have only a relatively small mileage in any one State.

Within the limitations established by these rules and regulations the funds apportioned shall be available to pay the entire cost of projects of the following character, exclusive of any charges for rights-of-way and/or property damage:

a. The separation of grades at crossings.
6. The protection of grade crossings.
C. The reconstruction of existing railroad grade-crossing structures.

d. The relocation of highways to eliminate grade crossings. The separation of grades at crossings may be by underpass or overpass and may include any necessary track elevation or depression and such additional work as may be required by changes in grade or alinement of the highway or relocation of the highway or railroad tracks. Works Program grade-crossing funds may be used in combination with funds from other sources for the accomplishment of projects of greater magnitude than would be possible with Works Program grade-crossing funds alone. The proper approach to a structure eliminating a grade crossing frequently involves major changes in highway alinement which may be a part of a comprehensive complete relocation of the highway. Under such conditions, and under all other conditions, the cost of relocating and constructing the highway approaches to grade-separation structures chargeable to Works Program grade-crossing funds will be limited to work actually necessary and performed within 1,500 feet on each side of the nearest track of the crossing measured along the center line of the highway improvement.

The protection of railroad grade crossings shall be accomplished by means of approved flashing-light signals, unless greater protection is desired than is afforded by flashing lights, in which event the installation of crossing gates, barriers, or other somewhat similar devices, which are satisfactory to the State highway department and the affected railroad company, may be submitted for approval. Railroad grade-crossing protection devices of the flashing-light type shall conform to the requirements for this type of signal as outlined in memoranda to district engineers on this subject issued by the chief of the Bureau of Public Roads under dates of April 6, 1934, July 18, 1934, August 15, 1934, November 2, 1934, and December 20, 1934. These requirements permit the use of: (1) Recommended standards for flashing-light signals adopted by the

joint committee on grade-crossing protection of the Association of American Railroads.

(2) Flashing-light signals conforming essentially to the standards recom

mended by the joint committee on grade-crossing protection of the Association of American Railroads which carry additional features such as a rotating disc or other devices which do not impair the

operation or detract from the uniformity or utility of the signals. (3) A wigwag signal of the magnetic type having standard signs and

mounting height, a balanced outline reasonably in keeping with stationary lights with backgrounds and an aspect, when operating,

essentially the same as flashing lights. A definite agreement between the State highway department and the affected railroad company shall be entered into respecting the maintenance of such installations and no Federal funds shall be paid for any installation until such agreement has been filed. The plans and specifications for work of this character shall be in sufficient detail to define or describe the exact kind and quality of material required or, in the case of an operating mechanism, to cover fully the essential requirements of the operating parts so that there may be effective competition in the purchase of materials or parts going into such installations.

The reconstruction of existing railroad grade-crossing structures shall include strengthening and widening or a relocation and rebuilding of the structure to provide approach alinement adequate for the safety of highway traffic. The cost of relocating and constructing highway approaches to reconstructed gradeseparation structures chargeable to Works Program grade-crossing funds will be limited to work actually necessary and performed within 1,500 feet on each side of the nearest track of the crossing measured along the center line of the highway improvement.

The relocation of highways to eliminate railroad grade crossings shall include the construction of new highway facilities or the reconstruction of existing highways in such manner that traffic following the new or reconstructed route will not encounter the affected crossings. The relocation of highways to eliminate grade crossings may be of any length, but the cost of such highway relocations chargeable to Works Program grade-crossing funds shall not exceed : (1) The estimated cost of providing grade-separation structures and

approaches thereto for the crossings eliminated on the route; or (2) The estimated cost of providing on the relocation an improvement

to modern standards with a surfacing type comparable to that

existing on the portion of the route so relocated. The estimated cost of providing grade-separation structures and approaches thereto within the limits prescribed herein shall be determined and agreed upon by the State highway department and representatives of the affected railroad company. A copy of such estimate properly approved and signed by representatives of these agencies shall be filed with each project of this character. The estimated cost of providing on the relocation an improvement to modern standards with a surfacing type comparable to that existing on the portion of the route so relocated shall be determined by the State highway department and approved by the district engineer of the Bureau of Public Roads.

Where the cost of a highway relocation to eliminate railroad grade crossings is in excess of the amount chargeable to Works Program grade-crossing funds, provision will have to be made to complete the relocation with funds from other sources before approval is given to the project. Under such conditions, for accounting purposes, it may be desirable to sectionalize the work into different contracts or in the event the balance of the relocation is to be undertaken with Works Program highway funds the two sections may be grouped under a single contract even though they carry different project numbers. First-stage grading construction will be acceptable on highway relocations to eliminate railroad grade crossings provided the State highway department will undertake a commitment for future surfacing within a definite date.

Where a single structure or relocation eliminates grade crossings er the tracks of more than one individually operated railroad, the cost of such structure or relocation shall be chargeable to work performed on the different railroads in the ratio which the number of tracks of each individual railroad bears to the total number of tracks at the crossing.

The funds apportioned under the act shall not be available for the separation of grades at railroad grade crossings on a newly established highway route which is not essentially a relocation of an existing routę,

SELECTION OF PROJECTS

SEC. 4. Insofar as practicable and feasible, projects to be undertaken with Works Program grade-crossing funds shall be selected on the individually operated railroads with respect to their relative traffic hazards and the possibility of providing employment in areas where large unemployment exists. Gradecrossing-elimination projects within or adjacent to the larger municipalities, which are manually protected and which are used by a considerable volume of highway traffic, or which are frequently occupied by train movements, are especially desirable projects, if funds are available or provision has been made by the State or local authorities for the settlement of rights-of-way costs and/or property damage. Every effort should be made to physically close railroad grade crossings the use of which is practically eliminated by the relocation of highway routes or by the construction of separation structures in the vicinity of such crossings. The extent to which railroad grade-crossing protection may be employed in lieu of grade-crossing eliminations will be determined by the State highway department subject to the condition, however, that important crossings which cannot be reached in the elimination program and which are not now protected by acceptable devices may be required to be acceptably protected as a part of the program.

PROGRAMS OF PROJECTS

Sec. 5. Each State highway department shall prepare in tabular form, for each of the hereinbefore-mentioned classifications of projects, programs of proposed Works Program grade-crossing projects to be undertaken, grouped for each individually operated railroad, indicating the project number, county, location, proposed character of work, estimated man-hours of employment, estimated quantity and cost of the principal kinds of materials entering into such work, the estimated total cost, and the amount of Works Program grade-crossing funds desired for each project. The tabulations for each classification of projects shall be totaled with respect to number of crossings, man-hours of employment, estimated cost of materials, estimated total cost, and the amount of Works Program grade-crossing funds desired. Each State highway department shall confer with the State relief administrator and the State administrator of the Works Progress Administration in an endeavor to select projects for which sufficient labor is available locally from relief rolls. The programs shall be accompanied by Federal-aid progress maps indicating in diagrammatic form the location of projects, their classification, and estimated cost. The programs may be submitted in whole or in part, except that no program will be considered for projects involving less than 25 percent of a State's apportionment unless made up of minor additions made possible by contract prices being less than estimated costs.

Insofar as possible, programs for the complete utilization of the funds avail. able to a State shall contain a list of contingent projects, in order of priority, which will be undertaken in the event projects on the regular program fail to absorb all the funds.

The programs thus prepared shall be submitted to the district engineer of the Bureau of Public Roads for examination and review. Upon receipt of advice from him that they are satisfactory to recommend for approval, they shall then be submitted by the State highway department to the State director of the National Emergency Council and the State administrator of the Works Progress Administration for concurrence in a recommendation of approval before being returned to the district engineer of the Bureau of Public Roads for transmittal to the headquarters office of the bureau for final action. [Section 6—“Basis of Approval of Projects ”—is revoked in its entirety.]

SURVEYS, PLANS, SPECIFICATIONS, ETC. SEC. 7. Surveys and plans, specifications, and estimates for all projects in each State shall be prepared under the immediate direction of the State highway department and the construction involved shall be under the immediate supervision of the State highway department. The State highway department, if it sn desires, may utilize the services of the engineering organizations of the affected railroad companies, or the engineering organizations of consulting cngineers for the preparation of plans for any project. Inasmuch as the Federal Highway Act requires each State to maintain at its own expense a State highway department having adequate powers and suitably equipped and organized to discharge the duties required by the legislation, no part of the cost of main

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