[Rev. 8/12/2022 10:49:13 PM]

[NAC-705 Revised Date: 11-08]

CHAPTER 705 - RAILROADS

GENERAL PROVISIONS

705.005        “Commission” defined.

705.010        Exemption from provisions of chapter: Application; authority of Commission.

705.015        Authority of Commission to enforce safety regulations and orders.

STANDARDS AND REQUIREMENTS FOR HEALTH AND SAFETY

Clearances

705.020        Overhead clearances.

705.030        Side clearances.

705.040        Deviation from overhead and side clearances.

705.050        Center line of track: Overhead and side clearances.

705.060        Clearance between parallel tracks.

705.062        Articles placed adjacent to tracks.

705.064        Tracks above public roads, highways and streets.

705.066        Public roads, highways and streets over tracks.

705.070        Clearances of electrical construction.

705.080        Open-top cars: Excessive height or width

705.090        Exemption for cars of excessive width; placarding required.

Telemetry Devices and Placarding

705.100        Facilities for maintenance or replacement of end-of-train telemetry devices and visible placarding.

Cabooses

705.110        Heating; weatherproofing.

705.120        General requirements.

705.130        Lighting.

Movement of Freight Over Certain Tracks

705.140        Material for construction or operation of system.

Railroad Bridges

705.145        Inspection and reports.

Minimum Standards for Walkways

705.150        On bridges and trestles.

705.160        Alongside track: General standards.

705.164        Alongside main-line track.

705.167        Alongside main-line and branch-line track at siding locations.

705.171        Alongside track in yards and certain industry turnouts and spotting areas.

705.174        Alongside track at main-line turnouts entering yards or serving industry tracks.

705.177        Alongside tracks at short-line and branch-line turnouts and certain power-operated turnouts.

705.181        Alongside main-line track at turnouts used frequently for switching cars.

705.184        Exemption for track placed in revenue service before December 17, 2001.

705.187        Exemption for small business.

Health Care and Sanitation

705.200        Emergency first-aid kit.

705.210        Drinking water.

705.220        Washing facilities.

705.230        Toilet facilities.

TRANSPORTATION OF HAZARDOUS MATERIAL BY RAIL

705.311        “Hazardous material” defined.

705.321        Reporting requirements; exemption.

705.331        Emergency planning and response procedures.

 

GENERAL PROVISIONS

      NAC 705.005  “Commission” defined.  As used in this chapter, unless the context otherwise requires, “Commission” means the Public Utilities Commission of Nevada.

     (Supplied in codification)

      NAC 705.010  Exemption from provisions of chapter: Application; authority of Commission. (NRS 703.1545, 704.280, 704.307)

     1.  Any natural person, partnership, firm or corporation engaged in the business of operating a railroad within the State of Nevada, or any governmental agency, may apply to the Commission for exemption from any or all of the provisions of this chapter. The application must be in writing and must set forth the reasons for which the exemption is sought.

     2.  Each application must be accompanied by proof that a copy of the complete application was served on all railroads using the railroad lines upon which exemption is sought and upon the city or county in which the site of the proposed exemption is located.

     3.  The Commission may dispense with a hearing and, except as otherwise provided in subsection 4 and NAC 705.321, either grant or deny the application if no protest to the exemption is filed within 30 days by or on behalf of any interested party served with a copy of the application.

     4.  The Commission will grant an exemption from the provisions of NAC 705.160 to 705.187, inclusive, only if it determines that compliance is, under the totality of the circumstances, not necessary to ensure the safety of railroad employees and other persons who have duties in proximity to trains.

     5.  Any exemption granted is limited to the particular case covered by the application.

     6.  The Commission will designate a reasonable duration for any exemption granted pursuant to this section.

     [Pub. Service Comm’n, Railroad Gen. Order 11 § 13, eff. 6-21-76]—(NAC A by Pub. Utilities Comm’n by R051-01, 12-17-2001)

      NAC 705.015  Authority of Commission to enforce safety regulations and orders. (NRS 703.1545, 704.280, 704.307)  The Commission may, as set forth in 49 U.S.C. § 20113, bring a civil action in a district court of the United States to enjoin a violation of a railroad safety regulation or order or to impose and collect a civil penalty for the violation of a railroad safety regulation or order if the Secretary of Transportation fails to do so.

     (Added to NAC by Pub. Utilities Comm’n by R051-01, eff. 12-17-2001)

STANDARDS AND REQUIREMENTS FOR HEALTH AND SAFETY

Clearances

      NAC 705.020  Overhead clearances. (NRS 704.280)

     1.  The minimum overhead clearance above the top of rail of railroad tracks which are used or proposed to be used for transporting freight cars, for all overhead structures except as hereinafter prescribed, must be 22 feet.

     2.  The overhead clearance above top of rail of such tracks located inside of buildings which are entirely enclosed may be reduced to 18 feet. This clearance applies only to tracks terminating within the building. When an overhead clearance of less than 22 feet is established on tracks inside the building, all cars, trains, motors, engines or other equipment must be brought to a stop before entering the building.

     3.  Overhead clearances authorized in this section are applicable to tracks on which freight cars having a height to running board of 15 feet 1 inch or less are transported. On tracks over which freight cars of greater height are transported or proposed to be transported, minimum overhead clearances are increased by an amount not less than such additional height, except where the nature of the cars precludes the probability of employees getting on top of or passing over them.

     [Pub. Service Comm’n, Railroad Gen. Order 11 § 1, eff. 6-21-76]

      NAC 705.030  Side clearances. (NRS 703.1545, 704.280, 704.307)

     1.  Minimum side clearances from center line of tangent standard gauge railroad tracks, which are used or proposed to be used for transporting freight cars, must be as follows:

 

 

     2.  All minimum side clearances prescribed in this section are for tangent track. In general, all structures adjacent to curved track must have a minimum side clearance 1 foot greater than that required for tangent track. Where space is limited, the minimum side clearance for structures adjacent to tracks of not over 12 degree curvature must be the same as for tangent track, but if over 12 degree curvature, 1/4 inch must be added to the equivalent minimum side clearance required for tangent track for each degree of the curve. Where track contains superelevation, minimum side clearances will be increased as necessary to give the equivalent clearances based on tangent track.

     3.  Minimum side clearances authorized in this section are applicable to tracks on which freight cars having a maximum overall width not greater than 10 feet 10 inches are transported. On tracks over which freight cars of greater width are transported or proposed to be transported, the minimum side clearances will be increased not less than one-half of the additional width.

     [Pub. Service Comm’n, Railroad Gen. Order 11 § 2, eff. 6-21-76]—(NAC A by Pub. Utilities Comm’n by R051-01, 12-17-2001)

      NAC 705.040  Deviation from overhead and side clearances. (NRS 704.280)

     1.  Any natural person, partnership, firm or corporation engaged in the business of operating a railroad within the State of Nevada, or any governmental agency, may apply to the Commission for authority to deviate from the provisions of NAC 705.020 and 705.030.

     2.  Any application must be in writing and must set forth the reasons relied upon by the applicant for the requested deviation. Except as provided in NAC 705.010, the Commission will not authorize a deviation from the provisions of NAC 705.020 and 705.030, which would reduce the minimum overhead clearance to less than 20 feet 6 inches and the minimum side clearance to less than 8 feet 6 inches. In no event will the Commission authorize a deviation without a hearing after notice to the operator of the railroad involved in the absence of the filing of a written consent of the operator of the railroad to the deviation.

     3.  Except as provided in this subsection and subsection 4, no deviation, if authorized without a hearing having been held, will be allowed to continue for a period in excess of 6 months. At any time during the last 30 days of the 6-month period, the applicant may apply to the Commission for authority to extend an authorized deviation for an additional 3-month period. Upon good cause shown, the Commission will grant a requested extension for an additional 3 months. At any time during the last 30 days of the 3-month extension, the applicant may apply to the Commission for authority to extend an authorized deviation for a second 3-month period. Upon good cause shown, the Commission will grant a requested extension for a second 3-month period, but under no circumstances will a further extension be considered or granted.

     4.  Nothing in this section prohibits authorization of exemptions or deviations for longer periods of time than specified in this section upon formal application, notice to affected parties and hearing.

     5.  Upon receipt of authority to deviate from NAC 705.020 and 705.030, the applicant shall cause to be served upon all interested persons adequate and sufficient notice of its intention to deviate as authorized. Such notice must include, but not be limited to, the following:

     (a) The location of the subject overhead or side structure;

     (b) The contemplated duration of the deviation authorized;

     (c) The actual overhead or side clearance, which will be in effect for the duration of the authorized deviation; and

     (d) The date on which the authorized deviation is to be exercised.

     [Pub. Service Comm’n, Railroad Gen. Order 11 § 12, eff. 6-21-76]

      NAC 705.050  Center line of track: Overhead and side clearances. (NRS 704.280)

     1.  With respect to all points at or above a point 13 feet 6 inches directly above the center line of track, minimum overhead and side clearances as prescribed in NAC 705.020 and 705.030 may be decreased to the extent defined by the half circumference of a circle having a radius of 8 feet 6 inches and tangent to a horizontal line 22 feet above the top rail at a point directly above the center line of track. For tunnels and through bridges, the radius may be 8 feet. Subsection 3 of NAC 705.020 and subsection 3 of NAC 705.030 apply to this subsection.

     2.  The overhead and horizontal clearances specified in this chapter do not apply to engine houses. In shops and buildings in which freight cars are moved for repairs, there must be a minimum side clearance of 7 feet 8 inches from the center line of track for doorways and entrances.

     [Pub. Service Comm’n, Railroad Gen. Order 11 § 3, eff. 6-21-76]

      NAC 705.060  Clearance between parallel tracks. (NRS 704.280)

     1.  Except as provided in this section, the minimum distance between the center lines of parallel standard gauge railroad tracks, which are used or proposed to be used for transporting freight cars, must be 14 feet.

     2.  The center line of any standard gauge track, except a main track, parallel and adjacent to a main track, must be at least 15 feet from the center line of the main track.

     3.  The center line of any standard gauge ladder track, constructed parallel to any other track, must have a clearance of not less than 20 feet from the center line of the other track.

     4.  Minimum clearance between center lines or parallel house or industry tracks must be 13 feet.

     5.  Minimum clearance between center lines of two parallel team tracks must be 11 feet 6 inches. Clearances otherwise prescribed in this chapter must be maintained on the opposite side of each track.

     6.  Minimum distances between parallel tracks authorized in this section are applicable only to tracks on which equipment having maximum overall width not in excess of 11 feet is transported. On tracks over which equipment of greater width is transported or proposed to be transported, minimum distances between parallel tracks must be increased not less than the increased width.

     7.  Existing tracks may be maintained, reconstructed or extended at centers in existence as of June 21, 1976.

     [Pub. Service Comm’n, Railroad Gen. Order 11 § 4, eff. 6-21-76]

      NAC 705.062  Articles placed adjacent to tracks. (NRS 704.280)

     1.  No merchandise, material or other articles may be placed either on the ground or on platforms adjacent to any track at a distance less than 8 feet 6 inches from the center line of the track.

     2.  A suitable line or other marker should be maintained on all platforms, except passenger platforms, at a distance of 8 feet 6 inches from the center line of the track to indicate minimum clearance for merchandise, material and other articles placed thereon.

     [Pub. Service Comm’n, Railroad Gen. Order 11 § 5, eff. 6-21-76]—(Substituted in revision for NAC 705.170)

      NAC 705.064  Tracks above public roads, highways and streets. (NRS 704.280)

     1.  Where railroads cross above public roads, highways and streets, a minimum overhead clearance of 14 feet above the surface of the roads, highways or streets must be provided.

     2.  Where railroads cross above public roads, highways and streets, a minimum width of 20 feet must be provided for the public roads, highways or streets where only one span is used to support the railroad structure. Where two or more spans are used to support the railroad structure, a minimum width for each opening of 12 feet must be provided.

     3.  When the public road, highway or street is occupied by one or more tracks, minimum clearance dimensions will be determined by the Commission for the case under consideration.

     [Pub. Service Comm’n, Railroad Gen. Order 11 § 7, eff. 6-21-76]—(Substituted in revision for NAC 705.180)

      NAC 705.066  Public roads, highways and streets over tracks. (NRS 704.280)  Where public roads, highways and streets cross above railroad tracks which are used or proposed to be used for transporting freight cars, minimum clearances as prescribed in NAC 705.020, 705.030, 705.050 and 705.060 must be provided, except that at the time of installation of the public road, highway or street, a minimum overhead clearance of 23 feet above the top of the rail must be observed.

     [Pub. Service Comm’n, Railroad Gen. Order 11 § 8, eff. 6-21-76]—(Substituted in revision for NAC 705.190)

      NAC 705.070  Clearances of electrical construction. (NRS 703.1545, 704.280, 704.307)

     1.  Except as otherwise provided in subsection 2, all clearances of electrical construction over, above, adjacent to, along or across railroads must conform to the requirements specified in the National Electrical Safety Code as adopted by the Commission pursuant to NAC 704.450 or in such other or further regulations as may be adopted by the Commission.

     2.  The provisions of subsection 1 do not apply to an installation at a clearance if that installation complied fully with the requirements for installations at the time it was installed.

     [Pub. Service Comm’n, Railroad Gen. Order 11 § 11, eff. 6-21-76]—(NAC A by Pub. Utilities Comm’n by R051-01, 12-17-2001)

      NAC 705.080  Open-top cars: Excessive height or width. (NRS 704.280)  No movement of open-top cars containing lading extending in excess of 15 feet 6 inches in height above the top of the rail or extending laterally in excess of 5 feet 5 inches from the center line of the car, may be made except under the following conditions:

     1.  The operation of cars, the lading on which extends laterally in excess of 5 feet 5 inches from the center line of the car, is restricted to lading the size or dimensions of which cannot be reduced.

     2.  All open-top cars with lading extending laterally in excess of 5 feet 5 inches from the center line of the car or in excess of 15 feet 6 inches in height above the top of the rail must be placarded on the load in a conspicuous place, and each such car must be marked, stenciled or placarded at locations described in subsection 3 of NAC 705.090.

     3.  All open-top cars with lading extending laterally in excess of 5 feet 5 inches from the center line of the car, if the length of the train permits, must be at least five cars from the caboose.

     4.  All members of the crew of each train containing cars, the lading on which extends laterally in excess of 5 feet 5 1/2 inches from the center line of the car or in excess of 15 feet 6 inches in height above the top of the rail, must be informed by an appropriate train order or message that the train includes such cars. The information must also include the total number of such cars and notice that no member of the train crew is required to ride on any such cars.

     5.  All members of the crews of trains whose operations may be affected by the presence or operation of other trains having loads as wide as those described in subsection 4 must be informed by an appropriate order or message advising them of that condition.

     6.  Yard supervisors must be notified sufficiently in advance of the arrival of cars on which the lading extends laterally in excess of 5 feet 5 1/2 inches from the center line of the car to enable supervisors to take the necessary precautions to safeguard employees in the yard.

     7.  Cars on which the lading exceeds 15 feet 6 inches in height above the top of the rail, if otherwise in compliance with requirements of this chapter as to width of lading, and the nature of which precludes the probability of employees getting on top of or passing over them, are exempt from the conditions of this section. If the train length permits, any such cars, except cars transporting highway trucks or trailers, without open-lading, multilevel freight cars either loaded or unloaded and automobile underframe cars, must be at least five cars from both the caboose and the engine, and a buffer car (any car not carrying a trailer or semitrailer with open-lading cargo) must be placed immediately ahead of the caboose or immediately behind the locomotive. For the purposes of this section, automobile underframe cars are either special flat cars upon which automobile underframes are stacked and firmly secured in a horizontal position or gondola cars in which such underframes are placed on end and firmly secured to the gondola cars.

     [Pub. Service Comm’n, Railroad Gen. Order 11 § 10, eff. 6-21-76]

      NAC 705.090  Exemption for cars of excessive width; placarding required. (NRS 703.1545, 704.280, 704.307)  Common carrier railroads operating in Nevada are exempted from compliance with the requirements of subsection 3 of NAC 705.020 and subsection 3 of NAC 705.030 in the movement of freight cars exceeding 10 feet 8 inches but not greater than 10 feet 11 inches in width overall, subject to the following conditions:

     1.  Each car exceeding 10 feet 10 inches in width overall, the movement of which is authorized, must be placarded. The placarding must be legibly maintained and read as follows: “This car EXCESS WIDTH.”

     2.  Required placarding must be placed on the side adjacent to the ladder or handholds near the floor line of the car at each of the four corners.

     [Pub. Service Comm’n, Railroad Gen. Order 11 § 9, eff. 6-21-76]—(NAC A by Pub. Utilities Comm’n by R051-01, 12-17-2001)

Telemetry Devices and Placarding

      NAC 705.100  Facilities for maintenance or replacement of end-of-train telemetry devices and visible placarding. (NRS 703.1545, 704.280, 704.307)

     1.  Except as otherwise provided in subsection 2, a railroad operating in this State shall operate not less than one facility in northern Nevada and one facility in southern Nevada for the maintenance or replacement of end-of-train telemetry devices and visible placarding.

     2.  Subsection 1 does not apply to a railroad operated in this State:

     (a) By a government;

     (b) By an industrial concern on its own property;

     (c) As an excursion railroad for the sole purpose of transporting tourists on limited round trips that do not cross state lines; or

     (d) As a short-line railroad.

     [Pub. Service Comm’n, Railroad Gen. Order 11 § 21, eff. 6-21-76]—(NAC A by Pub. Utilities Comm’n by R051-01, 12-17-2001)

Cabooses

      NAC 705.110  Heating; weatherproofing. (NRS 703.1545, 704.280, 704.307)

     1.  A heating facility capable of producing a temperature of at least 68 degrees Fahrenheit (19.8 degrees Centigrade) must be maintained in each caboose. The temperature must be taken at the center of the caboose compartment under normal winter weather conditions with doors and windows closed.

     2.  Weather stripping or weatherproof sash must be installed and maintained on all windows and doors in the caboose to seal openings against drafts, moisture and dust.

     [Pub. Service Comm’n, Railroad Gen. Order 11 § 18, eff. 6-21-76]—(NAC A by Pub. Utilities Comm’n by R051-01, 12-17-2001)

      NAC 705.120  General requirements. (NRS 703.1545, 704.280, 704.307)

     1.  If glass or alternate glazing materials are used in any caboose used to carry train crews, the glass or alternate glazing materials must be of the safety glass type and must be so constructed, treated or combined with other materials as to comply with the specifications or requirements established by the American National Standards Institute Safety Code Z26.1. Broken glass must be replaced and glass which has cracks more than 1 foot in length, intersecting cracks or cracks which distort vision must be replaced.

     2.  All doors must be equipped with latches or otherwise secured to prevent them from swinging under normal operating conditions.

     3.  Seats on chairs and benches in cabooses must be padded or provided with cushioning of at least 3 inches in thickness.

     4.  Stanchions, grab handles or bars must be installed at entrances and exits and at other locations within the convenient reach of employees moving about the caboose while a train is in motion. A bar, commonly known as a “monkey bar,” must be installed in a horizontal position in the cupolas of cabooses where possible.

     [Pub. Service Comm’n, Railroad Gen. Order 11 § 19, eff. 6-21-76]—(NAC A by Pub. Utilities Comm’n by R051-01, 12-17-2001)

      NAC 705.130  Lighting. (NRS 703.1545, 704.280, 704.307)  An adjustable, shielded electric light must be provided for the illumination of the caboose desk, and a separate light must be provided to illuminate the remainder of the interior of any caboose used to carry train crews.

     [Pub. Service Comm’n, Railroad Gen. Order 11 § 20, eff. 6-21-76]—(NAC A by Pub. Utilities Comm’n by R051-01, 12-17-2001)

Movement of Freight Over Certain Tracks

      NAC 705.140  Material for construction or operation of system. (NRS 704.280)  Nothing in this chapter prevents the movement of material which is necessary in the construction or operation of the railroad system over railroad tracks which are not used or proposed to be used for transporting freight cars, nor in the movement of special work equipment used in the construction or operation of that system, if the operation is carried on in a safe manner.

     [Pub. Service Comm’n, Railroad Gen. Order 11 § 6, eff. 6-21-76]

Railroad Bridges

      NAC 705.145  Inspection and reports. (NRS 703.1545, 704.280, 704.307)

     1.  A railroad that owns or operates a railroad bridge that carries railroad traffic shall inspect that bridge:

     (a) Not less than one time in each 12-month period; and

     (b) Within 24 hours after receiving a request for an inspection from the Commission or its designee.

     2.  Each inspection must be performed by a person qualified and competent in the inspection of railroad bridges who shall prepare, sign and date a written report of the results of his inspection.

     3.  The railroad shall:

     (a) Retain, in written or electronic form, each inspection report of a railroad bridge for not less than 2 years;

     (b) Make such reports available for review and inspection by the Commission or its designee; and

     (c) Upon request, provide a copy of a retained report to the Commission or its designee.

     4.  As used in this section, “railroad bridge” means a structure supporting one or more railroad tracks above land or water with a span of not less than 12 feet measured along the center line of the track. The term applies to the entire structure between the faces of the back walls of abutments or equivalent components, regardless of the number of spans, and includes all such structures whether of timber, stone, concrete or metal, or any combination thereof. The term does not include culverts or culvert-type structures.

     (Added to NAC by Pub. Utilities Comm’n by R051-01, eff. 12-17-2001)

Minimum Standards for Walkways

      NAC 705.150  On bridges and trestles. (NRS 703.1545, 704.280, 704.307)

     1.  Every railroad shall construct and maintain, adjacent to at least one side of its tracks, walkways on all newly constructed bridges and trestles.

     2.  Every railroad shall construct and maintain, adjacent to at least one side of its tracks, walkways on all bridges and trestles designated by the Commission after a hearing. Except as provided in subsection 3, walkways must be located so that they will provide a minimum side clearance of 8 feet from the center of the track to the outside edge of the walkway.

     3.  Compliance with the 8-foot requirement referred to in subsection 2 will be waived by the Commission with regard to all designated bridges and trestles which presently have minimum side clearances of less than 8 feet if the common carrier railroads are able to show to the Commission’s approval that compliance with the 8-foot requirement is structurally or economically unfeasible.

     4.  All walkways must be kept free from obstacles which would render them unsafe or difficult to traverse on foot, except as to those facilities whose minimum clearances are prescribed by other sections of this chapter.

     5.  Walkways must be equipped with a securely attached handrail located on the side of the walkway farthest from the track, except no handrails are required on through-girder structures. Handrails must be located so as to comply with the clearance standards set forth in paragraph (g) of subsection 1 of NAC 705.030.

     6.  Walkways on bridges and trestles must conform to the standards of width, surface and vertical placement for walkways alongside track set forth in NAC 705.160, except that the inside edge of such a walkway may be placed closer than 6 feet from the nearest rail when necessary.

     7.  The provisions of this section do not apply to culverts.

     [Pub. Service Comm’n, Railroad Gen. Order 11 § 14, eff. 6-21-76]—(NAC A by Pub. Utilities Comm’n by R051-01, 12-17-2001)

      NAC 705.160  Alongside track: General standards. (NRS 703.1545, 704.280, 704.307)

     1.  Except as otherwise provided in subsection 3 and NAC 705.010, a walkway alongside track that is required pursuant to the provisions of NAC 705.160 to 705.187, inclusive, must be constructed and maintained in conformity to the standards set forth in NAC 705.160 to 705.187, inclusive.

     2.  A walkway alongside track that is required pursuant to NAC 705.160 to 705.187, inclusive, must:

     (a) Provide a surface that is reasonably:

          (1) Regular;

          (2) Smooth; and

          (3) Safe for use by railroad employees and other persons who have duties in proximity to trains.

     (b) Be surfaced with crushed material, asphaltic concrete, planking or other material that does not compromise track drainage. If crushed material is used for the walkway alongside track:

          (1) In a yard, 100 percent of the crushed material must be able to pass through a 1 1/2-inch square sieve opening and 40 to 75 percent of the crushed material must be able to pass through a 3/4-inch square sieve opening.

          (2) In a turnout, 60 to 90 percent of the crushed material must be able to pass through a 1 1/2-inch square sieve opening.

     (c) Unless the grade of the track is greater than 1 inch in 8 inches, have a grade that is less than 1 inch in 8 inches.

     (d) If the walkway is alongside track with a curve greater than 18 degrees, be not less than 1 foot wider than otherwise required.

     (e) Be kept reasonably free of hazards and obstructions, including, without limitation, fuel, oil, sand, posts and rocks.

     3.  The provisions of this section will be temporarily suspended during periods of heavy rain or snow, derailments, rock and earth slides and similar abnormal periods and for a reasonable time thereafter to permit restoration work.

     4.  Compliance with the provisions of NAC 705.160 to 705.187, inclusive, is not a complete defense to any civil action brought pursuant to NRS 705.260 to 705.340, inclusive, or for the violation of a railroad safety regulation or order.

     [Pub. Service Comm’n, Railroad Gen. Order 11 § 15, eff. 6-21-76]—(NAC A by Pub. Utilities Comm’n by R051-01, 12-17-2001; R030-07, 10-31-2007)

      NAC 705.164  Alongside main-line track. (NRS 703.1545, 704.280, 704.307)

     1.  Except as otherwise provided in NAC 705.167, 705.174 and 705.181, walkways alongside main-line track, in addition to the requirements of NAC 705.160, must:

     (a) Be present on each side of the track;

     (b) Be not less than 2 feet in width; and

     (c) Provide a minimum side clearance of 8 feet 6 inches from the center line of the track to the outside edge of the walkway.

     2.  The following diagram illustrates the requirements set forth in subsection 1:

 

 

     (Added to NAC by Pub. Utilities Comm’n by R051-01, eff. 12-17-2001)

      NAC 705.167  Alongside main-line and branch-line track at siding locations. (NRS 703.1545, 704.280, 704.307)

     1.  Walkways alongside main-line and branch-line track at siding locations, in addition to the requirements of NAC 705.160, must:

     (a) Be present:

          (1) On the outside of the main-line or branch-line track; and

          (2) On the outside of the siding track;

     (b) Be not less than 2 feet in width; and

     (c) Provide a minimum side clearance of 8 feet 6 inches from the center line of the track to the outside edge of the walkway.

     2.  The following diagram illustrates the requirements set forth in subsection 1:

 

 

     (Added to NAC by Pub. Utilities Comm’n by R051-01, eff. 12-17-2001)

      NAC 705.171  Alongside track in yards and certain industry turnouts and spotting areas. (NRS 703.1545, 704.280, 704.307)

     1.  Walkways alongside track in all yards and in advance thereof, wherever an employee’s assigned duties regularly require him to be present on the ground in proximity to the track and, except as otherwise provided in NAC 705.174 and 705.181, in industry turnouts and spotting areas, in addition to the requirements of NAC 705.160, must:

     (a) Be present on each side of the track not less than 50 feet in advance of the turnout;

     (b) Be not less than 2 feet in width;

     (c) Provide a minimum side clearance of 8 feet 6 inches from the center line of the track to the outside edge of the walkway; and

     (d) If the track is in a yard where substantial switching is performed, be:

          (1) Present between tracks;

          (2) Present alongside tracks bordering the yard or switching area; and

          (3) If the tracks are 17 feet apart or less, continuous between the tracks.

     2.  The following diagram illustrates the requirements set forth in subsection 1:

 

 

     (Added to NAC by Pub. Utilities Comm’n by R051-01, eff. 12-17-2001)

      NAC 705.174  Alongside track at main-line turnouts entering yards or serving industry tracks. (NRS 703.1545, 704.280, 704.307)

     1.  Except as otherwise provided in NAC 705.177 and 705.181, walkways alongside track at main-line turnouts entering yards or serving industry tracks, in addition to the requirements of NAC 705.160, must:

     (a) Be present on the switch stand side of the track from not less than 50 feet ahead of each switch stand to not less than 25 feet beyond the 12-foot-6-inch clearance point behind the switch stand;

     (b) If 20 feet or more from the switch stand, be not less than 6 feet in width;

     (c) If less than 20 feet, but more than 4 feet from the switch stand:

          (1) Be not less than 6 feet in width;

          (2) Have a straight outer edge; and

          (3) Occupy a total area of not less than 120 square feet; and

     (d) If 4 feet or less from the switch stand, be not less than 3 feet in width.

     2.  The following diagram illustrates the requirements set forth in subsection 1:

 

 

     (Added to NAC by Pub. Utilities Comm’n by R051-01, eff. 12-17-2001)

      NAC 705.177  Alongside tracks at short-line and branch-line turnouts and certain power-operated turnouts. (NRS 703.1545, 704.280, 704.307)

     1.  Walkways alongside tracks at short-line and branch-line turnouts and, except as otherwise provided in NAC 705.181, at all power-operated turnouts, in addition to the requirements of NAC 705.160, must:

     (a) Be present on the switch stand side of the track from not less than 50 feet ahead of the switch stand to not less than the 12-foot-6-inch clearance point behind the switch stand;

     (b) If 10 feet or more from the switch stand, be not less than 5 feet in width;

     (c) If less than 10 feet, but more than 4 feet from the switch stand:

          (1) Be not less than 5 feet in width;

          (2) Have a straight outer edge; and

          (3) Occupy a total area of not less than 39 square feet; and

     (d) If 4 feet or less from the switch stand, be not less than 3 feet in width.

     2.  The following diagram illustrates the requirements set forth in subsection 1:

 

 

     (Added to NAC by Pub. Utilities Comm’n by R051-01, eff. 12-17-2001)

      NAC 705.181  Alongside main-line track at turnouts used frequently for switching cars. (NRS 703.1545, 704.280, 704.307)

     1.  Walkways alongside main-line track at turnouts used frequently for switching cars, in addition to the requirements of NAC 705.160, must:

     (a) Be present on the switch stand side of the track from not less than 125 feet ahead of the switch stand to not less than 25 feet beyond the 12-foot-6-inch clearance point behind the switch stand;

     (b) If 20 feet or more from the switch stand, be not less than 6 feet in width;

     (c) If less than 20 feet, but more than 4 feet from the switch stand:

          (1) Be not less than 6 feet in width;

          (2) Have a straight outer edge; and

          (3) Occupy a total area of not less than 120 square feet; and

     (d) If less than 4 feet from the switch stand, be not less than 3 feet in width.

     2.  The following diagram illustrates the requirements set forth in subsection 1:

 

 

     (Added to NAC by Pub. Utilities Comm’n by R051-01, eff. 12-17-2001)

      NAC 705.184  Exemption for track placed in revenue service before December 17, 2001. (NRS 703.1545, 704.280, 704.307)

     1.  Except as otherwise provided in subsection 2, the provisions of NAC 705.160 to 705.187, inclusive, do not apply to track placed in revenue service before December 17, 2001.

     2.  If the Commission determines, after notice and hearing, that the construction or maintenance of a walkway alongside any track placed in revenue service before December 17, 2001, is:

     (a) Necessary to eliminate an unsafe condition; and

     (b) Practicable,

Ê it will issue an order requiring the construction or maintenance of such a walkway alongside the designated track.

     (Added to NAC by Pub. Utilities Comm’n by R051-01, eff. 12-17-2001)

      NAC 705.187  Exemption for small business. (NRS 703.1545, 704.280, 704.307)

     1.  Except as otherwise provided in subsection 2, a small business that owns or operates any track in this State is exempt from the provisions of NAC 705.160 to 705.187, inclusive.

     2.  If the Commission determines, after notice and hearing, that exempting a small business that owns or operates any track in this State pursuant to subsection 1 poses an unreasonable threat of substantial harm to the public safety, it will order that business to eliminate any unsafe walkway condition.

     3.  As used in this section, “small business” has the meaning ascribed to it in NRS 233B.0382.

     (Added to NAC by Pub. Utilities Comm’n by R051-01, eff. 12-17-2001)

Health Care and Sanitation

      NAC 705.200  Emergency first-aid kit. (NRS 704.280, 705.370)  An emergency first-aid kit required by NRS 705.370 must contain:

     [Pub. Service Comm’n, Railroad Case 1322, eff. 9-12-65]

      NAC 705.210  Drinking water. (NRS 703.1545, 704.280, 704.307)

     1.  Drinking water furnished pursuant to this chapter to meet the standards of the State Board of Health must be obtained from sources approved by that Board. Cross connections between potable and nonpotable water supplies are prohibited.

     2.  All locomotives and cabooses must have an adequate supply of sanitary, cool drinking water.

     3.  Drinking water must be provided by railroads in suitable, sanitary containers, conveniently placed for the use of employees, but not in toilet rooms. Each container must be equipped with either single service drinking cups or drinking fountains with a sanitary water supply.

     4.  All containers used to furnish drinking water must be thoroughly cleansed as often as necessary to assure a sanitary water supply.

     5.  If no means of cooling water other than ice is available, a railroad shall provide a supply of ice adequate to cool the drinking water provided pursuant to this section. If ice is used for cooling water, the water container must be so constructed and arranged that the drinking water will not come in contact with the ice.

     [Pub. Service Comm’n, Railroad Gen. Order 11 § 16, subsecs. (a) & (b), eff. 6-21-76]—(NAC A by Pub. Utilities Comm’n by R051-01, 12-17-2001)

      NAC 705.220  Washing facilities. (NRS 704.280)

     1.  A washbasin or lavatory of smooth finished material, impervious to moisture, must be provided in a location in or adjacent to the toilet room in each caboose. Mechanical drying facilities or individual towels, either paper or cloth, must be provided with a waste receptacle for the used paper towels. Soap or other suitable cleansing agent must be supplied at each washbasin.

     2.  Locomotives must be provided with towels, an ample quantity of cleansing agent and a receptacle for used towels.

     [Pub. Service Comm’n, Railroad Gen. Order 11 § 16, subsec. (c), eff. 6-21-76]

      NAC 705.230  Toilet facilities. (NRS 703.1545, 704.280, 704.307)

     1.  Toilet facilities of flush chemical, incinerating, biodegradable or other equivalent acceptable design must be installed in each caboose and in each locomotive equipped to provide both motive power and control of the train. Toilet facilities must be in good operating condition.

     2.  All chemical toilets installed must comply with applicable federal regulations regarding construction and completion deadline. Containers must be charged with a chemical solution of proper strength and the contents must be agitated daily. When containers are two-thirds full, the contents must be disposed of in a sanitary manner.

     3.  The facilities must be cleaned as often as necessary to keep them in a clean and sanitary condition.

     4.  In locomotives, every toilet space must be separate from the cab and enclosed by a door. Each toilet room must be adequately ventilated and lighted. An adequate supply of toilet paper must be provided by the railroads.

     5.  The provisions of this section do not apply to locomotives used primarily for yard service if alternative facilities meeting the standards of this section are readily available to employees of the railroad.

     [Pub. Service Comm’n, Railroad Gen. Order 11 § 17, eff. 6-21-76]—(NAC A by Pub. Utilities Comm’n by R051-01, 12-17-2001)

TRANSPORTATION OF HAZARDOUS MATERIAL BY RAIL

      NAC 705.311  “Hazardous material” defined. (NRS 703.1545, 704.280, 704.307)  As used in this section and NAC 705.321 and 705.331, unless the context otherwise requires, “hazardous material” means a material listed in 49 C.F.R. § 172.101.

     (Added to NAC by Pub. Utilities Comm’n by R051-01, eff. 12-17-2001)

      NAC 705.321  Reporting requirements; exemption. (NRS 703.1545, 704.190, 704.280, 704.307)

     1.  A railroad that transports hazardous materials by rail into, out of or through this State shall file with the Commission a copy of each report of an incident involving a hazardous material that the railroad submits to the United States Department of Transportation pursuant to 49 C.F.R. § 171.16. The report must be received by the Commission not later than 30 days after the discovery of the incident by the railroad.

     2.  A railroad that transports hazardous materials by rail into, out of or through this State shall, not later than April 1 of each year, file with the Commission:

     (a) A map delineating the geographical limits of the operating divisions or districts of the railroad in this State;

     (b) A primary and secondary telephone number for each railroad dispatcher responsible for train operations in each operating division or district in this State;

     (c) The name and address of the railroad employee responsible for managing the transportation of hazardous materials for the railroad; and

     (d) A listing by line points or segments of each hazardous material that the railroad transported into, out of or through this State during the immediately preceding calendar year if that material carried a code number of 48 or 49 pursuant to the Standard Transportation Commodity Code numbering system published by the Association of American Railroads.

     3.  The Commission will grant an application for an exemption from any provision of this section pursuant to NAC 705.010 only upon a showing of good cause.

     (Added to NAC by Pub. Utilities Comm’n by R051-01, eff. 12-17-2001)

      NAC 705.331  Emergency planning and response procedures. (NRS 703.1545, 704.280, 704.307)  A railroad that transports hazardous materials by rail into, out of or through this State shall develop and carry out emergency planning and response procedures for handling releases of hazardous materials. These procedures must address, without limitation, the:

     1.  Safe handling of hazardous materials;

     2.  Conducting of emergency drills and exercises;

     3.  Specification of the resources to be provided and the actions to be taken by the railroad; and

     4.  Identification of:

     (a) Federal, state and local emergency response agencies and other governmental entities to be notified;

     (b) Contact persons in each such agency and entity; and

     (c) Resources that may be provided and actions that may be taken by each such agency and entity.

     (Added to NAC by Pub. Utilities Comm’n by R051-01, eff. 12-17-2001)