Construction Program Guide

Railroads

Authority/Legal Basis

1. Laws

   • 23 USC 109(e) – Standards. For railroad crossings, requires the installation of the appropriate safety devices as a condition for receiving Federal-aid highway funds for the project.
   • 23 USC 120(c) – Federal Share Payable. Allows federal participation in up to 100 percent of the cost of rail-highway crossing closure devices
   • 23 USC 130 – Railway-Highway Crossings. Allows federal participation in the cost of relocating a portion of a railway line if said cost is less than or equal to the cost of eliminating the hazards of railway-highway crossings, including the separation or protection of grades at crossings; the reconstruction of existing grade crossing structures; and the relocation of highways to eliminate grade crossings.

2. Regulations

   • 23 CFR part 140, subpart I. – Reimbursement, prescribes policies and procedures for reimbursement to the States for railroad work done on projects undertaken pursuant to the provisions of 23 CFR 646, Subpart B
   • FAPG Non-regulatory Supplement for Part 140, Subpart I.
   • 23 CFR 646 – Railroads. Subpart A describes provisions for the use of Federal-aid funds for the costs of public liability and property damage insurance obtained by contractors for both their own operations and on behalf or railroads on or near whose Right-of-way the contractor will be working in the construct ion of a Federal-aid highway project. .Subpart B describes policies and procedures fort advancing Federal-aid highway products through preliminary engineering, right-of-way, and construction.
   • FAPG Non-regulatory Supplement for Part 646, Subpart A
   • FAPG Non-regulatory Supplement 1 for Part 646, Subpart B
   • FAPG Non-regulatory Supplement 2 for Part 646, Subpart B
   • FAPG Non-regulatory Supplement 3 for Part 646, Subpart B
   • FAPG Non-regulatory Supplement 4 for Part 646, Subpart B
   • FAPG Non-regulatory Supplement 5 for Part 646, Subpart B
   • FHWA - Manual on Uniform Traffic Control Devices (MUTCD) Page. The MUTCD is incorporated by reference in 23 CFR, Part 655, Subpart F.
   • 23 CFR 924. – Highway Safety Improvement Program. Funds apportioned under Section 203(b) of the Highway Safety Act of 1973, as amended,  are to be used to implement railroad-highway grade crossing safety projects on any public road. At least 50 percent of the funds apportioned under this section must be made available for the installation of grade crossing protective devices. The evaluation of the HSIP in each State shall include a process for determining the effect that the projects have had in reducing the number and severity of accidents and potential accidents. By August 31 of each year, the State is also to submit to the FHWA Division Administrator a report covering the HSIP during the preceding 12 month period
   • FAPG Non-regulatory Supplement for Part 924

3. Orders

   • None

4. Policy

   • Policy Memoranda
     • Dowell Anders May 15, 1985 memorandum - Utility and Railwork - Wage Rate and EEO Requirements. Chief Counsel's determination that Davis-Bacon Wage Rates and EEO requirements are not applicable to utility-let and railroad-let contracts.

Guidance

1. General Information

   • FHWA Office of Safety - Highway-Railroad Grade Crossing
   • FHWA Office of Safety Brochure - Reduce Railroad Crossing Collisions
   • FHWA Publication - Railroad-Highway Grade Crossing Handbook
   • SAFETEA-LU Fact Sheet - Railway-Highway Crossings
   • FHWA Office of Bridge Technology - Highway and Rail Transit Tunnel Inspection Manual

2. Training

   • FHWA-NHI-380005 - Railroad-Highway Grade Crossing Improvement Program
   • FHWA-NHI-380076 - Low-Cost Safety Improvements Workshop