49 CFR Part 234 — Grade Crossing Safety

PART 234—GRADE CROSSING SAFETY Authority: 49 U.S.C. 20103, 20107, 20152, 20160, 21301, 21304, 21311, 22907 note; 28 U.S.C. 2461 note; and 49 CFR 1.89. Source: 61 FR 31806, June 20, 1996, unless otherwise noted. Subpart A—General § 234.1 Scope. (a) This part prescribes minimum— (1) Maintenance, inspection, and testing standards for highway-rail grade crossing warning systems; (2) Standards for the reporting of failures of highway-rail grade crossing warning systems and for the actions that railroads must take when such systems malfunction; (3) Requirements for certain identified States to update their existing State highway-rail grade crossing action plans and submit reports about the implementation of their existing plans and for the remaining States and the District of Columbia to develop State highway-rail grade crossing action plans; (4) Requirements that certain railroads establish systems for receiving toll-free telephone calls reporting various unsafe conditions at highway-rail grade crossings and pathway grade crossings, and for taking certain actions in response to those calls; and (5) Requirements for reporting to, and periodically updating information contained in, the U.S. DOT National Highway-Rail Crossing Inventory for highway-rail and pathway crossings. (b) This part does not restrict a railroad from adopting and enforcing additional or more stringent requirements not inconsistent with this part. [77 FR 35190, June 12, 2012, as amended at 80 FR 786, Jan. 6, 2015; 85 FR 80659, Dec. 14, 2020] § 234.3 Application and responsibility for compliance. (a) With the exception of § 234.11, this part applies to all railroads except the following: (1) Operations of a plant railroad as defined in § 234.5; (2) Rapid transit operations in an urban area that are not connected to the general railroad system of transportation; or (3) Tourist, scenic, historic, or excursion operations conducted only on track used exclusively for that purpose ( i.e., i.e., (i) A public highway-rail crossing that is in use; (ii) An at-grade rail crossing that is in use; (iii) A bridge over a public road or waters used for commercial navigation; or (iv) A common corridor with a railroad, i.e., (b) Although the duties imposed by this part are generally stated in terms of the duty of a railroad, each person, including a contractor or subcontractor for a railroad, who performs any task covered by this part, shall perform that task in accordance with this part. [77 FR 35190, June 12, 2012] § 234.5 Definitions. As used in this part: Accident/incident Activation failure Appropriately equipped flagger Credible report of warning system malfunction credible report of warning system malfunction at a highway-rail grade crossing False activation FRA Highway-rail grade crossing Partial activation (1) At non-gated crossings equipped with one pair of lights designed to flash alternately, one of the two lights does not operate properly (and approaching motorists can not clearly see flashing back lights from the warning lights on the other side of the crossing); (2) At gated crossings, the gate arm is not in a horizontal position; or (3) At gated crossings, any portion of a gate arm is missing if that portion normally had a gate arm flashing light attached. Pathway grade crossing (1) Explicitly authorized by a public authority or a railroad; (2) Dedicated for the use of non-vehicular traffic, including pedestrians, bicyclists, and others; and (3) Not associated with a public highway, road, or street, or a private roadway. Plant railroad State highway-rail grade crossing action plan or Action Plan Train Warning system malfunction warning system malfunction at a highway-rail grade crossing [61 FR 31806, June 20, 1996, as amended at 77 FR 35191, June 12, 2012; 85 FR 80659, Dec. 14, 2020] § 234.6 Penalties. (a) Civil penalty. https://railroads.dot.gov/ (b) Criminal penalty. [74 FR 36558, June 28, 2010, as amended at 77 FR 24422, Apr. 24, 2012; 81 FR 43111, July 1, 2016; 82 FR 16134, Apr. 3, 2017; 83 FR 60749, Nov. 27, 2018; 84 FR 23736, May 23, 2019; 84 FR 37074, July 31, 2019; 86 FR 1759, Jan. 11, 2021; 86 FR 23255, May 3, 2021; 87 FR 15869, Mar. 21, 2022; 88 FR 1128, Jan. 6, 2023; 88 FR 89563, Dec. 28, 2023; 89 FR 106297, Dec. 30, 2024; 90 FR 28176, July 1, 2025] Subpart B—Reports and Plans § 234.7 Accidents involving grade crossing signal failure. (a) Each railroad shall report to FRA every impact between on-track railroad equipment and an automobile, bus, truck, motorcycle, bicycle, farm vehicle, or pedestrian at a highway-rail grade crossing involving an activation failure. Notification shall be provided to the National Response Center within 24 hours of occurrence at (800) 424-0201. Complete reports shall thereafter be filed with FRA pursuant to § 234.9 of this part (activation failure report) and 49 CFR 225.11 (accident/ incident report). (b) Each telephone report must state the: (1) Name of the railroad; (2) Name, title, and telephone number of the individual making the report; (3) Time, date, and location of accident; (4) U. S. DOT-AAR Grade Crossing Identification Number; (5) Circumstances of the accident, including operating details of the grade crossing warning device; (6) Number of persons killed or injured, if any; (7) Maximum authorized train speed; and (8) Posted highway speed limit, if known. § 234.9 Grade crossing signal system failure reports. Each railroad shall report to FRA within 15 days each activation failure of a highway-rail grade crossing warning system. FRA Form No. 6180-83, “Highway-Rail Grade Crossing Warning System Failure Report,” shall be used for this purpose and completed in accordance with instructions printed on the form. § 234.11 State highway-rail grade crossing action plans. (a) Purpose. (b) New Action Plans. (2) Each State and the District of Columbia shall submit its highway-rail grade crossing action plan electronically through FRA's website in Portable Document Format (PDF). (c) Updated Action Plan and implementation report. (2) Each of the 10 States listed in paragraph (c)(3) of this section shall also develop and submit to FRA, not later than February 14, 2022, a report describing: (i) How the State implemented the State highway-rail grade crossing action plan that it previously submitted to FRA for review and approval; and (ii) How the State will continue to reduce highway-rail and pathway grade crossing safety risks. (3) The requirements of this paragraph (c) apply to the following States: Alabama, California, Florida, Georgia, Illinois, Indiana, Iowa, Louisiana, Ohio, and Texas. (d) Electronic submission of updated Action Plan and implementation report. (e) Required elements for State highway-rail grade crossing action plans. (1) Identify highway-rail and pathway grade crossings that: (i) Have experienced at least one accident/incident within the previous 3 years; (ii) Have experienced more than one accident/incident within the previous 5 years; or (iii) Are at high-risk for accidents/incidents as defined in the Action Plan. Each State or the District of Columbia that identifies highway-rail and pathway grade crossings that are at high-risk for accidents/incidents in its Action Plan shall provide a list of the factors that were considered when making this determination. At a minimum, these factors shall include: (A) Average annual daily traffic; (B) Total number of trains per day that travel through each crossing; (C) Total number of motor vehicle collisions at each crossing during the previous 5-year period; (D) Number of main tracks at each crossing; (E) Number of roadway lanes at each crossing; (F) Sight distance (stopping, corner and clearing) at each crossing; (G) Roadway geometry (vertical and horizontal) at each crossing; and (H) Maximum timetable speed; (2) Identify data sources used to categorize the highway-rail and pathway grade crossings in paragraph (e)(1) of this section; (3) Discuss specific strategies, including highway-rail grade crossing closures or grade separations, to improve safety at those crossings over a period of at least four years; (4) Provide an implementation timeline for the strategies discussed in paragraph (e)(3) of this section; and (5) Designate an official responsible for managing implementation of the State highway-rail grade crossing action plan. (f) Point of contact for State highway-rail grade crossing action plans. (i) The name and title of the designated official; (ii) The business mailing address for the designated official; (iii) The email address for the designated official; and (iv) The daytime business telephone number for the designated official. (2) If the State or the District of Columbia designates another official to assume the responsibilities described in paragraph (e)(5) of this section before December 16, 2024, the State or the District of Columbia shall contact FRA and provide the information listed in paragraph (f)(1) of this section for the new designated official. (g) Review and approval. (2)(i) Within 60 days of receipt of each new, updated, or corrected highway-rail grade crossing action plan, FRA will conduct a preliminary review of the Action Plan to ascertain whether the elements prescribed in paragraph (e) of this section are adequately addressed in the plan. (ii) Each new, updated, or corrected State highway-rail grade crossing action plan shall be considered conditionally approved for purposes of this section sixty (60) days after receipt by FRA unless FRA notifies the designated official described in paragraph (e)(5) of this section that the highway-rail grade crossing action plan is incomplete or deficient. (iii) FRA reserves the right to conduct a more comprehensive review of each new, updated, or corrected State highway-rail grade crossing action plan within 120 days of receipt. (3) If FRA determines that the new, updated, or corrected highway-rail grade crossing action plan is incomplete or deficient: (i) FRA will provide email notification to the designated official described in paragraph (e)(5) of this section of the specific areas in which the Action Plan is deficient or incomplete and allow the State or the District of Columbia to complete the plan and correct the deficiencies identified. (ii) Within 60 days of the date of FRA's email notification identifying the specific areas in which the highway-rail grade crossing action plan is incomplete or deficient, the State or District of Columbia shall correct all deficiencies and submit the corrected State highway-rail grade crossing action plan to FRA for approval. The corrected highway-rail grade crossing action plan shall be submitted electronically through FRA's website in PDF format. (4)(i) When a new, updated, or corrected State highway-rail grade crossing action plan is fully approved, FRA will provide email notification to the designated official described in paragraph (e)(5) of this section. (ii) FRA will make each fully-approved State highway-rail grade crossing action plan publicly available for online viewing. (iii) Each State and the District of Columbia shall implement its fully-approved highway-rail grade crossing action plan. (h) Condition for grants. [85 FR 80659, Dec. 14, 2020; 86 FR 10857, Feb. 23, 2021] Subpart C—Response to Credible Reports of Warning System Malfunction at Highway-Rail Grade Crossings § 234.101 Employee notification rules. Each railroad shall issue rules requiring its employees to report to persons designated by that railroad, by the quickest means available, any warning system malfunction. § 234.103 Timely response to report of malfunction. (a) Upon receipt of a credible report of a warning system malfunction, a railroad having maintenance responsibility for the warning system shall promptly investigate the report and determine the nature of the malfunction. The railroad shall take appropriate action as required by § 234.207. (b) Until repair or correction of the warning system is completed, the railroad shall provide alternative means of warning highway traffic and railroad employees in accordance with §§ 234.105, 234.106 or 234.107 of this part. (c) Nothing in this subpart requires repair of a warning system, if, acting in accordance with applicable State law, the railroad proceeds to discontinue or dismantle the warning system. However, until repair, correction, discontinuance, or dismantling of the warning system is completed, the railroad shall comply with this subpart to ensure the safety of the traveling public and railroad employees. § 234.105 Activation failure. Upon receipt of a credible report of warning system malfunction involving an activation failure, a railroad having maintenance responsibility for the warning system shall promptly initiate efforts to warn highway users and railroad employees at the subject crossing by taking the following actions: (a) Prior to any train's arrival at the crossing, notify the train crew of the report of activation failure and notify any other railroads operating over the crossing; (b) Notify the law enforcement agency having jurisdiction over the crossing, or railroad police capable of responding and controlling vehicular traffic; and (c) Provide for alternative means of actively warning highway users of approaching trains, consistent with the following requirements (see appendix B for a summary chart of alternative means of warning): (1)(i) If an appropriately equipped flagger provides warning for each direction of highway traffic, trains may proceed through the crossing at normal speed. (ii) If at least one uniformed law enforcement officer (including a railroad police officer) provides warning to highway traffic at the crossing, trains may proceed through the crossing at normal speed. (2) If an appropriately equipped flagger provides warning for highway traffic, but there is not at least one flagger providing warning for each direction of highway traffic, trains may proceed with caution through the crossing at a speed not exceeding 15 miles per hour. Normal speed may be resumed after the locomotive has passed through the crossing. (3) If there is not an appropriately equipped flagger or uniformed law enforcement officer providing warning to highway traffic at the crossing, each train must stop before entering the crossing and permit a crewmember to dismount to flag highway traffic to a stop. The locomotive may then proceed through the crossing, and the flagging crewmember may reboard the locomotive before the remainder of the train proceeds through the crossing. (d) A locomotive's audible warning device shall be activated in accordance with railroad rules regarding the approach to a grade crossing. § 234.106 Partial activation. Upon receipt of a credible report of a partial activation, a railroad having maintenance responsibility for the warning system shall promptly initiate efforts to warn highway users and railroad employees at the subject crossing in the same manner as required for false activations (§ 234.107). § 234.107 False activation. Upon receipt of a credible report of a false activation, a railroad having maintenance responsibility for the highway-rail grade crossing warning system shall promptly initiate efforts to warn highway users and railroad employees at the crossing by taking the following actions: (a) Prior to a train's arrival at the crossing, notify the train crew of the report of false activation and notify any other railroads operating over the crossing; (b) Notify the law enforcement agency having jurisdiction over the crossing, or railroad police capable of responding and controlling vehicular traffic; and (c) Provide for alternative means of actively warning highway users of approaching trains, consistent with the following requirements (see Appendix B for a summary chart of alternative means of warning). (1)(i) If an appropriately equipped flagger is providing warning for each direction of highway traffic, trains may proceed through the crossing at normal speed. (ii) If at least one uniformed law enforcement officer (including a railroad police officer) provides warning to highway traffic at the crossing, trains may proceed through the crossing at normal speed. (2) If there is not an appropriately equipped flagger providing warning for each direction of highway traffic, or if there is not at least one uniformed law enforcement officer providing warning, trains with the locomotive or cab car leading, may proceed with caution through the crossing at a speed not exceeding 15 miles per hour. Normal speed may be resumed after the locomotive has passed through the crossing. In the case of a shoving move, a crewmember shall be on the ground to flag the train through the crossing. (3) In lieu of complying with paragraphs (c) (1) or (2) of this section, a railroad may temporarily take the warning system out of service if the railroad complies with all requirements of § 234.105, “Activation failure.” (d) A locomotive's audible warning device shall be activated in accordance with railroad rules regarding the approach to a grade crossing. § 234.109 Recordkeeping. (a) Each railroad shall keep records pertaining to compliance with this subpart. Records may be kept on forms provided by the railroad or by electronic means. Each railroad shall keep the following information for each credible report of warning system malfunction: (1) Location of crossing (by highway name and DOT/AAR Crossing Inventory Number); (2) Time and date of receipt by railroad of report of malfunction; (3) Actions taken by railroad prior to repair and reactivation of repaired system; and (4) Time and date of repair. (b) Each railroad shall retain for at least one year (from the latest date of railroad activity in response to a credible report of malfunction) all records referred to in paragraph (a) of this section. Records required to be kept shall be made available to FRA as provided by 49 U.S.C. 20107 (formerly 208 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 437)). Subpart D—Maintenance, Inspection, and Testing Maintenance Standards § 234.201 Location of plans. Plans required for proper maintenance and testing shall be kept at each highway-rail grade crossing warning system location. Plans shall be legible and correct. § 234.203 Control circuits. All control circuits that affect the safe operation of a highway-rail grade crossing warning system shall operate on the fail-safe principle. § 234.205 Operating characteristics of warning system apparatus. Operating characteristics of electromagnetic, electronic, or electrical apparatus of each highway-rail crossing warning system shall be maintained in accordance with the limits within which the system is designed to operate. § 234.207 Adjustment, repair, or replacement of component. (a) When any essential component of a highway-rail grade crossing warning system fails to perform its intended function, including but not limited to failures resulting in an activation failure, partial activation, or false activation, the cause shall be determined and the faulty component adjusted, repaired, or replaced without undue delay. (b) If the failure of an essential component results in an activation failure, partial activation, or false activation, as defined in § 234.5, a railroad shall take appropriate action under § 234.105, Activation failure, § 234.106, Partial activation, or § 234.107, False activation, until adjustment, repair, or replacement of the essential component is completed. [79 FR 49715, Aug. 22, 2014] § 234.209 Interference with normal functioning of system. (a) The normal functioning of any system shall not be interfered with in testing or otherwise without first taking measures to provide for safety of highway traffic that depends on normal functioning of such system. (b) Interference includes, but is not limited to: (1) Trains, locomotives or other railroad equipment standing within the system's approach circuit, other than normal train movements or switching operations, where the warning system is not designed to accommodate those activities. (2) Not providing alternative methods of maintaining safety for the highway user while testing or performing work on the warning systems or on track and other railroad systems or structures which may affect the integrity of the warning system. § 234.211 Security of warning system apparatus. Highway-rail grade crossing warning system apparatus shall be secured against unauthorized entry. § 234.213 Grounds. (a) General. (b) Exception. (1) Circuits that include track rail; (2) Alternating current power distribution circuits that are grounded in the interest of safety; (3) Circuitry internal to microprocessor-based appliances; (4) Circuitry internal to semiconductor-based memory; and (5) Common return wires of grounded common return single break circuits. [79 FR 49715, Aug. 22, 2014] § 234.215 Standby power system. A standby source of power shall be provided with sufficient capacity to operate the warning system for a reasonable length of time during a period of primary power interruption. The designated capacity shall be specified on the plans required by § 234.201 of this part. [66 FR 49560, Sept. 28, 2001] § 234.217 Flashing light units. (a) Each flashing light unit shall be properly positioned and aligned and shall be visible to a highway user approaching the crossing. (b) Each flashing light unit shall be maintained to prevent dust and moisture from entering the interior of the unit. Roundels and reflectors shall be clean and in good condition. (c) All light units shall flash alternately. The number of flashes per minute for each light unit shall be 35 minimum and 65 maximum. § 234.219 Gate arm lights and light cable. Each gate arm light shall be maintained in such condition to be properly visible to approaching highway users. Lights and light wire shall be secured to the gate arm. § 234.221 Lamp voltage. The voltage at each lamp shall be maintained at not less than 85 percent of the prescribed rating for the lamp. § 234.223 Gate arm. Each gate arm, when in the downward position, shall extend across each lane of approaching highway traffic and shall be maintained in a condition sufficient to be clearly viewed by approaching highway users. Each gate arm shall start its downward motion not less than three seconds after flashing lights begin to operate and shall assume the horizontal position at least five seconds before the arrival of any normal train movement through the crossing. At those crossings equipped with four quadrant gates, the timing requirements of this section apply to entrance gates only. § 234.225 Activation of warning system. A highway-rail grade crossing warning system shall be maintained to activate in accordance with the design of the warning system, but in no event shall it provide less than 20 seconds warning time for the normal operation of through trains before the grade crossing is occupied by rail traffic. § 234.227 Train detection apparatus. (a) Train detection apparatus shall be maintained to detect a train or railcar in any part of a train detection circuit, in accordance with the design of the warning system. (b) If the presence of sand, rust, dirt, grease, or other foreign matter is known to prevent effective shunting, a railroad shall take appropriate action under § 234.105, “Activation failure,” to safeguard highway users. § 234.229 Shunting sensitivity. Each highway-rail grade crossing train detection circuit shall detect the application of a shunt of 0.06 ohm resistance when the shunt is connected across the track rails of any part of the circuit. § 234.231 Fouling wires. Each set of fouling wires in a highway-rail grade crossing train detection circuit shall consist of at least two discrete conductors. Each conductor shall be of sufficient conductivity and shall be maintained in such condition to ensure proper operation of the train detection apparatus when the train detection circuit is shunted. Installation of a single duplex wire with single plug acting as fouling wires is prohibited. Existing installations having single duplex wires with a single plug for fouling wires may be continued in use until they require repair or replacement. § 234.233 Rail joints. Each non-insulated rail joint located within the limits of a highway-rail grade crossing train detection circuit shall be bonded by means other than joint bars and the bonds shall be maintained in such condition to ensure electrical conductivity. § 234.235 Insulated rail joints. Each insulated rail joint used to separate train detection circuits of a highway-rail grade crossing shall be maintained to prevent current from flowing between rails separated by the insulation in an amount sufficient to cause a failure of the train detection circuit. § 234.237 Reverse switch cut-out circuit. A switch, when equipped with a switch circuit controller connected to the point and interconnected with warning system circuitry, shall be maintained so that the warning system can only be cut out when the switch point is within one-half inch of full reverse position. § 234.239 Tagging of wires and interference of wires or tags with signal apparatus. Each wire shall be tagged or otherwise so marked that it can be identified at each terminal. Tags and other marks of identification shall be made of insulating material and so arranged that tags and wires do not interfere with moving parts of the apparatus. This requirement applies to each wire at each terminal in all housings including switch circuit controllers and terminal or junction boxes. This requirement does not apply to flashing light units, gate arm light units and other auxiliary light units. The local wiring on a solid state crossing controller rack does not require tags if the wiring is an integral part of the solid state equipment. § 234.241 Protection of insulated wire; splice in underground wire. Insulated wire shall be protected from mechanical injury. The insulation shall not be punctured for test purposes. A splice in underground wire shall have insulation resistance at least equal to that of the wire spliced. § 234.243 Wire on pole line and aerial cable. Wire on a pole line shall be securely attached to an insulator that is properly fastened to a cross arm or bracket supported by a pole or other support. Wire shall not interfere with, or be interfered with by, other wires on the pole line. Aerial cable shall be supported by messenger wire. An open-wire transmission line operating at voltage of 750 volts or more shall be placed not less than 4 feet above the nearest cross arm carrying active warning system circuits. § 234.245 Signs. Each sign mounted on a highway-rail grade crossing signal post shall be maintained in good condition and be visible to the highway user. Inspections and Tests § 234.247 Purpose of inspections and tests; removal from service of relay or device failing to meet test requirements. (a) The inspections and tests set forth in §§ 234.249 through 234.271 are required at highway-rail grade crossings located on in service railroad tracks and shall be made to determine if the warning system and its component parts are maintained in a condition to perform their intended function. (b) If a railroad elects not to comply with the requirements of §§ 234.249 through 234.271 because all tracks over the grade crossing are out of service or the railroad suspends operations during a portion of the year, and the grade crossing warning system is also temporarily taken out of service, a full inspection and all required tests must be successfully completed before railroad operations over the grade crossing resume. (c) Any electronic device, relay, or other electromagnetic device that fails to meet the requirements of tests required by this part shall be removed from service and shall not be restored to service until its operating characteristics are in accordance with the limits within which such device or relay is designed to operate. [61 FR 31806, June 20, 1996, as amended at 66 FR 49560, Sept. 28, 2001] § 234.249 Ground tests. A test for grounds on each energy bus furnishing power to circuits that affect the safety of warning system operation shall be made when such energy bus is placed in service and at least once each month thereafter. § 234.251 Standby power. Standby power shall be tested at least once each month. § 234.253 Flashing light units and lamp voltage. (a) Each flashing light unit shall be inspected when installed and at least once every twelve months for proper alignment and frequency of flashes in accordance with installation specifications. (b) Lamp voltage shall be tested when installed and at least once every 12 months thereafter. (c) Each flashing light unit shall be inspected for proper visibility, dirt and damage to roundels and reflectors at least once each month. § 234.255 Gate arm and gate mechanism. (a) Each gate arm and gate mechanism shall be inspected at least once each month. (b) Gate arm movement shall be observed for proper operation at least once each month. (c) Hold-clear devices shall be tested for proper operation at least once every 12 months. § 234.257 Warning system operation. (a) Each highway-rail crossing warning system shall be tested to determine that it functions as intended when it is placed in service. Thereafter, it shall be tested at least once each month and whenever modified or disarranged. (b) Warning bells or other stationary audible warning devices shall be tested when installed to determine that they function as intended. Thereafter, they shall be tested at least once each month and whenever modified or disarranged. § 234.259 Warning time. Each crossing warning system shall be tested for the prescribed warning time at least once every 12 months and when the warning system is modified because of a change in train speeds. Electronic devices that accurately determine actual warning time may be used in performing such tests. § 234.261 Highway traffic signal pre-emption. Highway traffic signal pre-emption interconnections, for which a railroad has maintenance responsibility, shall be tested at least once each month. § 234.263 Relays. (a) Except as stated in paragraph (b) of this section, each relay that affects the proper functioning of a crossing warning system shall be tested at least once every four years. (b)(1) Alternating current vane type relays, direct current polar type relays, and relays with soft iron magnetic structure shall be tested at least once every two years. (2) Alternating current centrifugal type relays shall be tested at least once every 12 months. (c) Testing of relays requiring testing on four year intervals shall be completed in accordance with the following schedule: (1) Not less than 50% by the end of calendar year 1996; (2) Not less than a total of 75% by the end of calendar year 1997; and (3) One hundred percent by the end of calendar year 1998. (d) Testing of relays requiring testing on two year intervals shall be completed by the end of calendar year 1996. § 234.265 Timing relays and timing devices. Each timing relay and timing device shall be tested at least once every twelve months. The timing shall be maintained at not less than 90 percent nor more than 110 percent of the 41 predetermined time interval. The predetermined time interval shall be shown on the plans or marked on the timing relay or timing device. Timing devices which perform internal functions associated with motion detectors, motion sensors, and grade crossing predictors are not subject to the requirements of this section. § 234.267 Insulation resistance tests, wires in trunking and cables. (a) Insulation resistance tests shall be made when wires or cables are installed and at least once every ten years thereafter. (b) Insulation resistance tests shall be made between all conductors and ground, between conductors in each multiple conductor cable, and between conductors in trunking. Insulation resistance tests shall be performed when wires, cables, and insulation are dry. (c) Subject to paragraph (d) of this section, when insulation resistance of wire or cable is found to be less than 500,000 ohms, prompt action shall be taken to repair or replace the defective wire or cable. Until such defective wire or cable is replaced, insulation resistance tests shall be made annually. (d) A circuit with a conductor having an insulation resistance of less than 200,000 ohms shall not be used. (e) Required insulation resistance testing that does not conform to the required testing schedule of this section shall be completed in accordance with the following schedule: (1) Not less than 50% by the end of calendar year 1996; (2) Not less than a total of 75% by the end of calendar year 1997; and (3) One hundred percent by the end of calendar year 1998. § 234.269 Cut-out circuits. Each cut-out circuit shall be tested at least once every three months to determine that the circuit functions as intended. For purposes of this section, a cut-out circuit is any circuit which overrides the operation of automatic warning systems. This includes both switch cut-out circuits and devices which enable personnel to manually override the operation of automatic warning systems. § 234.271 Insulated rail joints, bond wires, and track connections. Insulated rail joints, bond wires, and track connections shall be inspected at least once every three months. § 234.273 Results of inspections and tests. (a) Results of inspections and tests made in compliance with this part shall be recorded on forms provided by the railroad, or by electronic means, subject to approval by the Associate Administrator for Safety. Each record shall show the name of the railroad, AAR/DOT inventory number, place and date, equipment tested, results of tests, repairs, replacements, adjustments made, and condition in which the apparatus was left. (b) Each record shall be signed or electronically coded by the employee making the test and shall be filed in the office of a supervisory official having jurisdiction. Records required to be kept shall be made available to FRA as provided by 49 U.S.C. 20107 (formerly § 208 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 437)). (c) Each record shall be retained until the next record for that test is filed but in no case for less than one year from the date of the test. Requirements for Processor-Based Systems § 234.275 Processor-based systems. (a) Applicable definitions. (b) Use of performance standard authorized or required. (2) Highway-rail grade crossing warning systems, subsystems, or components that are processor-based and that are first placed in service after June 6, 2005, which contain new or novel technology, or which provide safety-critical data to a railroad signal or train control system that is governed by part 236, subpart H or I, of this chapter, shall also comply with those requirements. New or novel technology refers to a technology not previously recognized for use as of March 7, 2005. (3) Products designed in accordance with subparts A through D of this part, which are not in service but are in the developmental stage prior to December 5, 2005 (or for which a request for exclusion was submitted prior to June 6, 2005 pursuant to § 236.911 of this chapter), may be excluded from the requirements of part 236, subpart H of this chapter upon notification to FRA by March 6, 2006, if placed in service by December 5, 2008 (or March 7, 2008 for those products for which a request for exclusion was submitted to FRA prior to June 6, 2005). Railroads may continue to implement and use these products and components from these existing products. A railroad may at any time elect to have products that are excluded made subject to 49 CFR part 236, subpart H, by submitting a Product Safety Plan as prescribed in § 236.913 of this chapter and otherwise complying with part 236, subpart H of this chapter. (c) Plan justifications. (d) Specific requirements. (1) Nothing in this section authorizes deviation from applicable design requirements for automated warning devices at highway-rail grade crossings in the Manual on Uniform Traffic Control Devices (MUTCD), 2000 Millennium Edition, Federal Highway Administration (FHWA), dated December 18, 2000, including Errata #1 to MUTCD 2000 Millennium Edition dated June 14, 2001 ( http://mutcd.fhwa.dot.gov/ (2) Nothing in this section authorizes deviation from the following requirements of this subpart: (i) § 234.207(b) (Adjustment, repair, or replacement of a component); (ii) § 234.209(b) (Interference with normal functioning of system); (iii) § 234.211 (Security of warning system apparatus); (iv) § 234.217 (Flashing light units); (v) § 234.219 (Gate arm lights and light cable); (vi) § 234.221 (Lamp voltage); (vii) § 234.223 (Gate arm); (viii) § 234.225 (Activation of warning system); (ix) § 234.227 (Train detection apparatus)—if a train detection circuit is employed to determine the train's presence; (x) § 234.229 (Shunting sensitivity)—if a conventional track circuit is employed; (xi) § 234.231 (Fouling wires)—if a conventional train detection circuit is employed; (xii) § 234.233 (Rail joints)—if a track circuit is employed; (xiii) § 234.235 (Insulated rail joints)—if a track circuit is employed; (xiv) § 234.237 (Reverse switch cut-out circuit); or (xv) § 234.245 (Signs). (e) Separate justification for other than fail-safe design. (f) Software management control for certain systems not subject to a performance standard. [70 FR 72384, Dec. 5, 2005, as amended at 75 FR 2698, Jan. 15, 2010] Subpart E—Emergency Notification Systems for Telephonic Reporting of Unsafe Conditions at Highway-Rail and Pathway Grade Crossings Source: 77 FR 35191, June 12, 2012, unless otherwise noted. § 234.301 Definitions. As used in this subpart— Answering machine Automated answering system Class II Class III Dispatches a train dispatches trains Dispatching railroad Emergency Notification System (1) The signs, placed and maintained at the grade crossings that display the information necessary for the public to report an unsafe condition at the grade crossing to the dispatching railroad by telephone; (2) The method that the railroad uses to receive and process a telephone call reporting the unsafe condition; (3) The remedial actions that a railroad takes to address the report of the unsafe condition; and (4) The recordkeeping conducted by a railroad in response to the report of the unsafe condition at the grade crossing. ENS Farm grade crossing Highway-rail and pathway grade crossing Highway-rail or pathway grade crossing Maintaining railroad e.g., Public report of warning system malfunction public report of warning system malfunction at a highway-rail grade crossing Credible report of warning system malfunction credible report of warning system malfunction at a highway-rail grade crossing Third-party telephone service Warning system failure at a pathway grade crossing [77 FR 35191, June 12, 2012, as amended at 85 FR 80660, Dec. 14, 2020] § 234.303 Emergency notification systems for telephonic reporting of unsafe conditions at highway-rail and pathway grade crossings. (a) Duty of dispatching railroad in general. (b) Exceptions for certain railroads. (1) If a railroad dispatches one or more trains through a highway-rail or pathway grade crossing, each of which is authorized to travel through the crossing at speeds not greater than 20 miles per hour (mph), the railroad may use an answering machine to receive calls regarding unsafe conditions at such a crossing. If using an answering machine pursuant to this paragraph, the railroad must retrieve its messages immediately prior to the start of its operations each day. (2) If a railroad dispatches one or more trains through a highway-rail or pathway grade crossing on a seasonal or intermittent basis ( e.g., (c) Reportable unsafe conditions at highway-rail grade crossings. (1) A warning system malfunction at the highway-rail grade crossing; (2) A disabled vehicle or other obstruction blocking a railroad track at the highway-rail grade crossing; (3) An obstruction to the view of a pedestrian or a vehicle operator for a reasonable distance in either direction of a train's approach to the highway-rail grade crossing; or (4) Any information relating to any other unsafe condition at the highway-rail grade crossing. (d) Reportable unsafe conditions at pathway grade crossings. (1) A failure of the active warning system at the pathway grade crossing to perform as intended; (2) An obstruction blocking a railroad track at the pathway grade crossing; (3) An obstruction to the view of a pathway grade crossing user for a reasonable distance in either direction of a train's approach to the pathway grade crossing; or (4) Any information relating to any other unsafe condition at the pathway grade crossing. (e) Class II or Class III railroads. (f) Reports not made through the ENS. § 234.305 Remedial actions in response to reports of unsafe conditions at highway-rail and pathway grade crossings. (a) General rule on response to credible report of warning system malfunction at a highway-rail grade crossing. (2) If a railroad receives a credible report of a warning system malfunction at a highway-rail grade crossing pursuant to § 234.303(c)(1) and the railroad has dispatching responsibility for the crossing, but does not have maintenance responsibility for the warning system to which the report pertains, it shall promptly contact all trains that are authorized to operate through the highway-rail grade crossing in an effort to notify the train crews of the reported malfunction prior to each train's arrival at the crossing. After contacting the appropriate trains, the railroad shall then promptly contact the maintaining railroad and inform it of the reported malfunction. The maintaining railroad shall then take the appropriate action required by subpart C of this part. (b) General rule on response to public report of warning system malfunction at a highway-rail grade crossing. (2) If a railroad receives a public report of a warning system malfunction at a highway-rail grade crossing warning system pursuant to § 234.303(c)(1) and the railroad does not have maintenance responsibility for the warning system at the highway-rail grade crossing, it shall promptly contact all trains that are authorized to operate through the highway-rail grade crossing to which the report pertains in an effort to notify the train crews of the reported malfunction prior to each train's arrival at the crossing. After contacting the appropriate trains, the railroad shall then promptly contact the law enforcement agency having jurisdiction over the highway-rail grade crossing and provide the necessary information for the law enforcement agency to direct traffic or carry out other activities to maintain safety at the highway-rail grade crossing. The railroad shall then promptly contact the maintaining railroad and inform it of the reported malfunction. The maintaining railroad shall then promptly investigate the report, determine the nature of the malfunction, and take the appropriate action required by § 234.207. (c) General rule on response to report of warning system failure at a pathway grade crossing. (2) If a railroad receives a report of warning system failure at a pathway grade crossing pursuant to § 234.303(d)(1), but does not have maintenance responsibility for the warning system to which the report pertains, the railroad shall promptly contact all trains that are authorized to operate through the pathway grade crossing to which the report pertains in an effort to notify the train crews of the reported failure prior to each train's arrival at the crossing. After contacting the appropriate trains, the railroad shall then promptly contact the law enforcement agency having jurisdiction over the pathway grade crossing and provide the necessary information for the law enforcement agency to direct traffic or carry out other activities to maintain safety at the pathway grade crossing. The railroad shall then promptly contact the maintaining railroad and inform it of the reported failure. The maintaining railroad shall then promptly investigate the report, determine the nature of the failure, and without undue delay repair the warning system if necessary. (d) General rule on response to report of a disabled vehicle or other obstruction blocking a railroad track at a highway-rail or pathway grade crossing. (2) If a railroad receives a report of a disabled vehicle or other obstruction blocking a railroad track at a highway-rail or pathway grade crossing, pursuant to § 234.303(c)(2) or (d)(2), but does not have maintenance responsibility for the crossing to which the report pertains, the railroad shall promptly contact all trains that are authorized to operate through the crossing to which the report pertains in an effort to notify the train crews of the reported obstruction prior to each train's arrival at the crossing. After contacting the appropriate trains, the railroad shall then promptly contact the law enforcement agency having jurisdiction over the crossing to provide it with the information necessary to assist in the removal of the reported track obstruction or to carry out other activities to maintain safety at the crossing. The railroad shall then promptly contact the maintaining railroad and inform it of the reported obstruction. The maintaining railroad shall then promptly investigate the report, determine the nature of the obstruction, and without undue delay take the necessary action to have the obstruction removed. (e) Special rule on contacting a train that is not required to have communication equipment. (f) General rule on response to report of an obstruction of view at a highway-rail or pathway grade crossing. (2) If the dispatching railroad is not also the maintaining railroad, it shall promptly contact the maintaining railroad, which shall timely investigate the report and remove the obstruction if it is lawful and feasible to do so. (g) General rule on response to report of other unsafe condition at a highway-rail or pathway grade crossing. (h) General rule on a maintaining railroad's responsibilities for receiving reports of unsafe conditions at highway-rail and pathway grade crossings. In general. (i) Provide the dispatching railroad with sufficient contact information by which the dispatching railroad may timely contact the maintaining railroad upon receipt of a report; and (ii) Have either a live person answer calls directly and promptly, or use an automated answering system for the purpose of receiving a call from the dispatching railroad of a report of an unsafe condition, except as provided in paragraph (h)(2) of this section. (2) Exceptions for use of a third-party telephone service and answering machine by a maintaining railroad. (ii) If a maintaining railroad is responsible for the maintenance of a highway-rail or pathway grade crossing only on a seasonal or intermittent basis ( e.g., § 234.306 Multiple dispatching or maintaining railroads with respect to the same highway-rail or pathway grade crossing; appointment of responsible railroad. (a) Duty of multiple dispatching railroads to appoint a primary dispatching railroad for the crossing. (i) Provide its emergency telephone number to the railroad responsible for the placement and maintenance of the ENS sign(s) at the crossing; (ii) Receive all reports through ENS of unsafe conditions at the crossing as required by § 234.303; (iii) After receiving a report of an unsafe condition at the crossing, promptly contact all other railroads that dispatch trains through the crossing to warn them of the reported unsafe condition, and, as appropriate, promptly contact the maintaining railroad(s) for the crossing as required by § 234.305; and (iv) Otherwise carry out its duties under this subpart as a dispatching railroad for the crossing, with respect to the crossing. (2) After receiving a report of an unsafe condition at the crossing from the appointed dispatching railroad, each of the other dispatching railroad(s) to which the report pertains shall carry out the remedial action required by § 234.305 and the recordkeeping required by § 234.313. (b) Duty of multiple maintaining railroads to appoint a railroad responsible for the placement and maintenance of the ENS sign(s). (2) The railroad appointed under paragraph (b)(1) of this section shall display on the ENS sign(s) at the crossing the emergency telephone number of the dispatching railroad for the crossing or, if more than one railroad dispatches a train through the crossing, the emergency telephone number of the primary dispatching railroad for the crossing identified under paragraph (a) of this section. (c) Duty of multiple maintaining railroads with respect to remedial action at the crossing. § 234.307 Use of third-party telephone service by dispatching and maintaining railroads. (a) General use of a third-party telephone service by a dispatching railroad. (b) General use of a third-party telephone service by a maintaining railroad. e.g., (c) Duties of third-party telephone service in contacting dispatching and maintaining railroads. (1) The nature of the reported unsafe condition; (2) The location of the unsafe condition, including the U.S. DOT National Crossing Inventory number for the crossing; (3) Whether the person reporting the unsafe condition is a railroad employee, law enforcement officer, highway traffic official, or other employee of a public agency acting in an official capacity; (4) The date and time that the report was received by the third-party telephone service; and (5) Any additional information provided by the caller that may be useful to restore the crossing to a safe condition. (d) Duties of railroad using third-party telephone service. (1) Provide the third-party telephone service with sufficient contact information by which the third-party telephone service may immediately contact the railroad upon receipt of a report; (2) Inform FRA in writing, before the implementation of such a service, of the railroad's intent to use a third-party telephone service, and provide FRA with contact information for the third-party telephone service and information identifying the highway-rail and pathway grade crossings about which the third-party telephone service will receive reports; (3) Inform FRA in writing within 30 days following any changes in the use or discontinuance of a third-party telephone service; and (4) Take appropriate action required by § 234.305, upon being contacted by the third-party telephone service about a report. (e) Third-party telephone service and railroad responsibilities. § 234.309 ENS signs in general. (a) Provision of information. (b) Information to be displayed. (1) The toll-free telephone number (or non-toll-free telephone number as provided for in § 234.303(e)) established to receive reports pursuant to § 234.303(a); (2) An explanation of the purpose of the sign ( e.g., (3) The U.S. DOT National Crossing Inventory number assigned to that crossing. (c) Sign size and other physical features. (1) Measure at least 12 inches wide by 9 inches high; (2) Be retroreflective; (3) Have legible text ( i.e., (4) Have white text set on a blue background with a white border, except that the U.S. DOT National Crossing Inventory number may be black text set on a white rectangular background. § 234.311 ENS sign placement and maintenance. (a) Number of signs at highway-rail or pathway grade crossing. In general. (2) Exceptions. (ii) At a railroad yard, or a port or dock facility that does not meet the definition of “plant railroad” in § 234.5, the responsible railroad shall place and maintain a minimum of one sign at each vehicular entrance to the yard, or the port or dock facility in accordance with § 234.309, in lieu of placing signs at each crossing within the yard, or the port or dock facility. Each sign must be placed so that it is clearly visible to a driver of a motor vehicle located at the vehicular entrance to the yard, or the port or dock facility. (b) Placement of sign(s). (i) Is conspicuous to users of the roadway or pathway by day and night; (ii) Does not obstruct any other sign or traffic control device at the crossing; (iii) Does not limit the view of a train approaching the highway-rail or pathway grade crossing; and (iv) If mounted on a post, has supports that are crashworthy ( i.e., (2) A sign placed on the signal bungalow does not comply with paragraph (b)(1)(i) of this section. (c) Repair or replacement of ENS sign. [77 FR 35191, June 12, 2012, as amended at 78 FR 16423, Mar. 15, 2013] § 234.313 Recordkeeping. (a) In general. (1) The nature of the reported unsafe condition; (2) The location of the highway-rail or pathway grade crossing, by highway name, if applicable, and the U.S. DOT National Crossing Inventory number. (3) The time and date of receipt of the report by the railroad; (4) If applicable, whether the person who provided the report was a railroad employee, law enforcement officer, highway traffic official, or other employee of a public agency acting in an official capacity; (5) Actions taken by the railroad prior to resolving the reported unsafe condition at the grade crossing ( e.g., (6) If the reported unsafe condition is substantiated, actions taken by the railroad to remedy the reported unsafe condition, if lawful and feasible; (7) The time and date when the reported unsafe condition was remedied; (8) If no remedial action was taken, the reason why; and (9) If a dispatching railroad, in accordance with § 234.305, is required to contact a maintaining railroad, the time and date when it contacted the maintaining railroad. (b) Records of credible reports of warning system malfunction. (c) Records involving multiple dispatching or maintaining railroads. (2) Where multiple railroads have maintenance responsibility for the same highway-rail or pathway grade crossing and they appoint one railroad to be responsible for installing and maintaining the ENS sign(s) at the crossing pursuant to § 234.306, the appointment must be recorded in writing and a copy of the document retained by each railroad for the duration of the appointment or for one year, whichever period is longer. (d) Record retention period; records availability. § 234.315 Electronic recordkeeping. (a) If a railroad subject to this subpart maintains records required by this subpart in electronic format in lieu of on paper, the system for keeping the electronic records must meet all of the following conditions: (1) The railroad adequately limits and controls accessibility to the records retained in its electronic database system and identifies those individuals who have such access; (2) The railroad has a terminal at the location designated by the railroad as the general office for the railroad system and at each division headquarters; (3) Each such terminal has a computer and either a facsimile machine or a printer connected to the computer to retrieve and produce information in a usable format for immediate review by FRA representatives; (4) The railroad has a designated representative who is authorized to authenticate retrieved information from the electronic system as a true and accurate copy of the electronically kept record; and (5) The railroad provides FRA representatives with immediate access to the record(s) for inspection and copying during normal business hours and provides a printout of such record(s) upon request. (b) If a record required by this subpart is in the form of an electronic record kept by an electronic recordkeeping system that does not comply with paragraph (a) of this section, then the record must be kept on paper. § 234.317 Compliance dates. (a) Railroads without an ENS of any kind. (b) Railroads with nonconforming ENS telephone service. (c) Railroads with ENS signs of nonconforming size. (i) If the railroad's sign size is greater than or equal to 60 square inches and the height of the lettering on the sign is greater than or equal to 3/4 3/8 (ii) If the railroad's sign size is greater than or equal to 60 square inches but the height of the lettering is either less than 3/4 3/8 (iii) If the railroad's sign size is less than 60 square inches, regardless of the height of the lettering for the information required in § 234.309(b), on August 13, 2012, the railroad's sign must conform to § 234.309 no later than September 1, 2015. (2) If the railroad chooses to replace an ENS sign of non-conforming size before the applicable compliance date stated, the railroad shall replace that sign with a sign that conforms to § 234.309. (d) Railroads with ENS signs having nonconforming placement. (e) Railroads with nonconforming ENS recordkeeping. [77 FR 35191, June 12, 2012, as amended at 78 FR 16423, Mar. 15, 2013] Subpart F—Highway-Rail and Pathway Crossing Inventory Reporting Source: 80 FR 786, Jan. 6, 2015, unless otherwise noted. § 234.401 Definitions. As used in this subpart— Class I Closed crossing Crossing Inventory FRA Associate Administrator General railroad system of transportation General system railroad Highway-rail crossing Inventory Form Inventory Guide Inventory Number Operating railroad Pathway crossing (1) Is explicitly authorized by a public authority or a railroad; (2) Is dedicated for the use of non-vehicular traffic, including pedestrians, bicyclists, and others; (3) Is not associated with a public highway, road, or street, or a private roadway; and (4) Crosses one or more railroad tracks either at grade or grade-separated. Primary operating railroad Private crossing Public crossing Temporary crossing [80 FR 786, Jan. 6, 2015, as amended at 81 FR 37532, June 10, 2015] § 234.403 Submission of data to the Crossing Inventory, generally. (a) Highway-rail and pathway crossing data shall be submitted to the Crossing Inventory on the Inventory Form. Except as provided in paragraph (c) of this section, the Inventory Form may be submitted in hard copy or electronically. (b) The Inventory Form, or its electronic equivalent, shall be completed in accordance with the Inventory Guide. A copy of this guide may be obtained from the Office of Railroad Safety, RRS-23, Federal Railroad Administration, 1200 New Jersey Avenue SE., Washington, DC 20590. A copy of this guide can also be viewed or downloaded from FRA's Safety Data Web site under the Forms/Publications tab. (c) Each Class I railroad shall submit the data required by paragraph (a) of this section to the Crossing Inventory electronically. (d) Reporting by State agencies on behalf of operating railroads. (e) Reporting by the parent corporation on behalf of subsidiary railroads. (i) A list of all subsidiary railroads for which the parent corporation will submit and update highway-rail and pathway crossing data; (ii) A statement signed by an official of the parent corporation affirming that the parent corporation agrees to submit and update all of the highway-rail and pathway crossing data for the named subsidiary railroad(s); and (iii) A statement that the parent corporation agrees to be subject to enforcement action for noncompliance with the reporting or updating requirements of this subpart. (2) The parent corporation shall provide immediate written notification to the FRA Associate Administrator of any change in the list of subsidiary operating railroads for which it has assumed reporting and updating responsibility. (3) The parent corporation shall submit the data required by paragraph (a) of this section to the Crossing Inventory electronically. [80 FR 786, Jan. 6, 2015, as amended at 81 FR 37532, June 10, 2015] § 234.405 Submission of initial data to the Crossing Inventory for previously unreported crossings. (a) Duty of primary operating railroad. (ii) A primary operating railroad shall assign one or more Inventory Numbers to previously unreported highway-rail and pathway crossings through which it operates, which are located in a railroad yard, passenger station, or within a private company, port, or dock area. (2) With the exception of highway-rail and pathway crossings that are located within a private company, port, or dock area, the primary operating railroad shall provide the assigned Inventory Number to each operating railroad that operates one or more trains through the previously unreported highway-rail or pathway crossing no later than January 6, 2016. (3) Each primary operating railroad shall submit accurate Inventory Forms, or their electronic equivalent, to the Crossing Inventory for the previously unreported highway-rail and pathway crossings through which it operates, no later than August 9, 2016. The Inventory Form, or its electronic equivalent, shall reference the assigned Inventory Number for the crossing(s) and shall be completed and submitted consistent with § 234.403 and the Inventory Guide. (b) Duty of operating railroad when operating railroads operate on separate tracks. (c) Duty of all operating railroads. (d) State-maintained crossing data. (1) Provides a copy of its written request for State-maintained crossing data to the FRA Associate Administrator and to each operating railroad that operates through the crossing; and (2) Submits the requested State-maintained crossing data to the Crossing Inventory within 60 days of receipt. [80 FR 786, Jan. 6, 2015, as amended at 81 FR 37532, June 10, 2015] § 234.407 Submission of initial data to the Crossing Inventory for new crossings. (a) Duty of primary operating railroad. (ii) A primary operating railroad shall assign one or more Inventory Numbers to new highway-rail and pathway crossings through which it operates, which are located in a railroad yard, passenger station, or within a private company, port, or dock area. (iii) An Inventory Number shall not be assigned to a temporary crossing, nor shall an Inventory Form be submitted to the Crossing Inventory for a temporary crossing. (2) With the exception of highway-rail and pathway crossings that are located within a private company, port, or dock area, the primary operating railroad shall provide the assigned Inventory Number to each operating railroad that operates one or more trains through the new highway-rail or pathway crossing no later than four (4) months after the crossing becomes operational or January 6, 2016, whichever occurs later. (3) Each primary operating railroad shall submit accurate Inventory Forms, or their electronic equivalent, to the Crossing Inventory for new highway-rail and pathway crossings through which it operates, no later than six (6) months after the crossing becomes operational. The Inventory Form, or its electronic equivalent, shall reference the assigned Inventory Number for the crossing(s) and shall be completed and submitted in accordance with § 234.403. (b) Duty of Operating Railroad when operating railroads operate on separate tracks. (c) Duty of all operating railroads. (d) State-maintained crossing data. (1) Provides a copy of its written request for State-maintained crossing data to the FRA Associate Administrator and to each operating railroad that operates through the crossing no later than six (6) months after the crossing becomes operational; and (2) Submits the requested State-maintained crossing data to the Crossing Inventory within 60 days of receipt. [80 FR 786, Jan. 6, 2015, as amended at 81 FR 37533, June 10, 2015] § 234.409 Submission of periodic updates to the Crossing Inventory. (a) Duty of primary operating railroad. (b) Duty of operating railroad when operating railroads operate on separate tracks. [81 FR 37533, June 10, 2016] § 234.411 Changes requiring submission of updated information to the Crossing Inventory. (a) Crossing sale. (2) If the primary operating railroad: (i) Sells all or part of a highway-rail or pathway crossing on or after June 10, 2016 for which it has reporting and updating responsibility under this subpart; or (ii) Is notified of the sale of all or part of a highway-rail or pathway crossing on or after June 10, 2016 under paragraph (a)(1) of this section, then the primary operating railroad shall submit an Inventory Form, or its electronic equivalent, which reflects the crossing sale to the Crossing Inventory consistent with § 234.403 and the Inventory Guide within three (3) months of the date of sale or three months of notification, respectively. (b) Crossing closure. (c) Changes in crossing characteristics. (2) For purposes of this subpart, a “change in warning device” means the addition or removal of a crossbuck, yield or stop sign, flashing lights, or gates at a public highway-rail grade crossing. The installation of a crossbuck, yield or stop sign, flashing lights, or gates that will be in place for less than six months does not constitute a “change in warning device” for purposes of this subpart. [81 FR 37533, June 10, 2016] § 234.413 Recordkeeping. (a) Each railroad subject to this subpart shall keep records in accordance with this section. Records may be kept either on paper or by electronic means in a manner that conforms with § 234.415. (b) Each operating railroad, including the primary operating railroad, responsible for submitting information to the Crossing Inventory in accordance with this subpart shall, at a minimum, maintain the following information for each required Inventory Form: (1) A duplicate copy of each Inventory Form submitted in hard copy to the Crossing Inventory; or (2) A copy of the electronic confirmation received from FRA after electronic submission of crossing data to the Crossing Inventory. (c) Each railroad shall identify the locations where a copy of any record required to be retained by this subpart is accessible for inspection and photocopying by maintaining a list of such establishment locations at the office where the railroad's reporting officer conducts his or her official business. (d) Each operating railroad shall retain for at least four (4) years from the date of submission to the Crossing Inventory all records referred to in paragraphs (a) and (b) of this section. Records required to be kept under this subpart shall be made available to FRA as provided by 49 U.S.C. 20107. § 234.415 Electronic recordkeeping. (a) If a railroad subject to this subpart maintains records required by this subpart in electronic format in lieu of paper, the system for keeping the electronic records must meet all of the following conditions: (1) The railroad adequately limits and controls accessibility to the records retained in its electronic database system and identifies those individuals who have such access; (2) The railroad has a terminal at the office where the railroad's reporting officer conducts his or her official business and at each location designated by the railroad as having a copy of any record required to be retained by this subpart that is accessible for inspection and photocopying; (3) Each such terminal has a computer and either a facsimile machine or a printer connected to a computer to retrieve and produce information in a usable format for immediate review by FRA representatives; (4) The railroad has a designated representative who is authorized to authenticate retrieved information from the electronic system as a true and accurate copy of the electronically kept record; and (5) The railroad provides FRA representatives with immediate access to the record(s) for inspection and copying during normal business hours and provides a printout of such record(s) upon request. (b) If a record required by this subpart is in the form of an electronic record kept by an electronic recordkeeping system that does not comply with paragraph (a) of this section, then the record must be kept on paper in accordance with the recordkeeping requirements contained in § 234.413. Appendix A to Part 234 [Reserved] Appendix B to Part 234—Alternate Methods of Protection Under 49 CFR 234.105( c c [This is a summary—see body of text for complete requirements] Flagger for each direction of traffic Police officer present Flagger present, but not one for each direction of traffic No flagger/no police False Activation Normal Speed Normal Speed Proceed with caution—maximum speed of 15 mph Proceed with caution—maximum speed of 15 mph. Partial Activation* Normal Speed Normal Speed Proceed with caution—maximum speed of 15 mph Proceed with caution—maximum speed of 15 mph. Activation Failure** Normal Speed Normal Speed Proceed with caution—maximum speed of 15 mph Stop: Crewmember flag traffic and reboard. *Partial activation—full warning not given. Non-gated crossing with one pair of lights designed to flash alternatively, one light does not work (and back-lights from other side not visible). Gated crossing—gate arm not horizontal; or any portion of a gate arm is missing if that portion had held a gate arm flashing light. **Activitation failure includes—if more than 50% of the flashing lights on any approach lane not functioning; or if an approach lane has two or more pairs of flashing lights, there is not at least one pair operating as intended.

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