Kansas Administrative Code

Overhead clearance. Each rail- road shall comply with the following provisions re- garding the minimum overhead clearance allowed for railroad safety. (a) Overhead clearance shall be a minimum of 22 feet, six inches, unless excepted in another sub- section of this regulation. (b)…

Regulations relating to side clearance between railroad equipment and other structures. The minimum side clearances from center line of track shall be as follows: (a) in general eight (8) feet six (6) inches; (b) at platforms eight (8) inches or less above the top of the rail, fi…

Regulations relating to track clearance. (a) Track clearance on main and sub- sidiary tracks shall be a minimum of fourteen (14) feet as measured between the center lines of par- allel standard gauge railroad tracks; (b) minimum clearance between parallel team, house or industry …

General conditions. The space between or beside such tracks as is ordinarily used by train and yard personnel and other employees in the discharge of their duties shall be kept clear of air and water pipes, grass, weeds, and other foreign obstacles which might interfere with the …

Special provisions. (a) Exemp- tions from any of the requirements contained in these rules shall be considered by the com- mission upon proper application from a carrier, industry or other interested person. A request for such exemption shall be accompanied by a full statement of…

(Authorized by K.S.A. 66-141; effec- tive, E-71-15, March 5, 1971; amended, E-71-22, May 28, 1971; effective Jan. 1, 1972; amended, E-82-2, Jan. 21, 1981; amended May 1, 1981; re- voked May 1, 1984.)

General duty of carriers. The of- ficers, officials and agents of every carrier shall comply with the rules and regulations of this commission and with reasonable requests of the commission or its duly authorized agents for in- spection of the carrier’s right-of-way. (Authorized …

Regulations relating to inspection of bridges and other structures. Every railroad operating in the state of Kansas shall inspect its bridges, trestles and culverts at least once a year and certify to the commission that the bridges, trestles and culverts are safe for the loads i…

(Authorized by K.S.A. 66-141, 66- 156; effective, E-71-15, March 5, 1971; amended, E-71-22, May 28, 1971; effective Jan. 1, 1972; re- voked May 1, 1984.)

Regulation relating to inspection, maintenance and repair of trackage, road bed, right-of-way, bridges and other struc- tures. If, on the inspector’s report, the commis- sion has reasonable ground to believe that any track, bridge or other structure of the railroad is in a condit…

(Authorized by K.S.A. 66-141, 66- 156; effective, E-71-15, March 5, 1971; amended, E-71-22, May 28, 1971; effective Jan. 1, 1972; re- voked May 1, 1984.) 321 Railroad Safety 82-5-12

Trackage and grade crossings. (a) “Track Safety Standards,” 49 CFR Part 213, as in effect on September 15, 1983 is hereby adopted by reference. (b) Grade crossing surfaces shall be adequately maintained for rail movement. (c) The railroad shall keep its right-of-way clear, for a …

Regulations relating to construc- tion, reconstruction and maintenance of walkways adjacent to the railroad trackage; control of vegetation and removal of de- bris and trash. (a) In all switching areas within and outside of the yard limits, each railroad shall provide reasonably …

Definitions. The following terms used in connection with rules and regulations governing suppression of diesel locomotive orig- inated fires on railroad right of way shall be de- fined as follows: (1) The term “commission” refers to the state corporation commission of the state o…

Spark arresters. (a) No carrier shall use or operate a non-turbo charged diesel loco- motive for over-the-road service in the state of Kansas unless it is equipped with a spark arrester. The spark arrester shall be constructed of non- flammable materials that are at least 80 perc…

High fire areas. (a) The term “high fire area” means any 10-mile section of a carrier’s right-of-way wherein there has been, during the immediate past three-calendar-year period, an av- erage of three or more diesel locomotive originat- ed fires per year. (b) Every carrier shall …

(Authorized by K.S.A. 66-231b; ef- fective, E-72-26, Sept. 1, 1972; effective Jan. 1, 1973; revoked May 1, 1984.)

(Authorized by K.S.A. 66-231b; ef- fective, E-72-26, Sept. 1, 1972; effective Jan. 1, 1973; revoked Jan. 31, 2003.)

(Authorized by K.S.A. 66-231b; ef- fective, E-72-26, Sept. 1, 1972; effective Jan. 1, 1973; revoked Jan. 31, 2003.)

(Authorized by K.S.A. 66-231b; im- plementing K.S.A. 66-231a; effective, E-72-26, Sept. 1, 1972; effective Jan. 1, 1973; amended May 1, 1984; revoked Jan. 31, 2003.)

(Authorized by K.S.A. 66-231b; and implementing K.S.A. 66-231a; effective, E-72- 26, Sept. 1, 1972; effective Jan. 1, 1973; amended May 1, 1984; revoked Jan. 31, 2003.) GENERATION FACILITIES

Definitions. As used in this article, the following definitions shall apply: (a) “Appli- cant” means any electric utility making applica- tion for a permit pursuant to K.S.A. 66-1,159, and amendments thereto. (b) “Application” means a request for issuance of a permit authorizing …

(Authorized by and implementing K.S.A. 66-183; effective May 1, 1983; amended July 23, 1990; revoked Aug. 11, 1995.)

(Authorized by and implementing K.S.A. 66-183; effective May 1, 1983; amended May 1, 1985; amended July 23, 1990; revoked Aug. 11, 1995.) 82-8-102 to 82-8-107. (Authorized by and implementing K.S.A. 66-183; effective May 1, 1983; revoked Aug. 11, 1995.)

(Authorized by and implementing K.S.A. 66-183; effective July 23, 1990; revoked Aug. 11, 1995.)

Formal requirements for a per- mit application and supporting documents. (a) Each application for a permit shall contain the following: (1) A summary statement of the applicant’s pro- posal, including a specific statement describing the proposed facility or addition to it; (2) a …

Requirements for applications. Each application for a permit shall be accompa- nied by supporting documents as specified below and shall be assembled under topical sections cor- responding to the subsections below, with index tabs for each section. The order and material to be in…

Waiver provisions. The commis- sion may for good cause shown waive any of the requirements of these regulations to the extent permitted by law. (Authorized by K.S.A. 66-106; implementing K.S.A. 66-1,159; effective May 1, 1981.)

Railroad tariff filing require- ments. (a)(1) Each railroad tariff for rates or provisions published in connection with a new service, and each railroad tariff change that 329 Railroad Rates 82-9-2 would result in increased rates, shall be on file with the commission at least 20 …

Filing requirements. (a) The pro- test, reply and any other pleadings relating to the proceeding shall not be considered unless made in writing and filed with the commission. (b) The protest, reply or other pleadings relat- ing to the proceeding shall be received for filing at th…

Refund or collection of freight charges based upon commission findings. (a) Except as otherwise provided, when the com- mission finds that a railroad must make refunds on freight charges collected, or that the railroad is entitled to collect additional freight charges, but the am…

Zone of rate flexibility. Base rates increased by the quarterly rail cost adjustment factor shall not be found to exceed a reasonable maximum for the transportation involved. (Autho- rized by K.S.A. 66-106; implementing K.S.A. 66- 146; effective May 1, 1984.)

Market dominance. (a) The com- mission shall determine, within 90 days of the start of a complaint proceeding, whether the car- rier has market dominance over the transporta- tion to which the rate applies. If the commission finds that the carrier has market dominance, it may the…

Maximum rates.(a)Railratesshall not be established below a reasonable minimum. Any rate for transportation by a rail carrier that does not contribute to the going concern value for that carrier is presumed to be not reasonable. (b) Rail rates which equal or exceed the vari- able …

Burden of proof. (a) Jurisdiction. Each defendant railroad shall bear the burden of showing that the commission lacks jurisdic- tion to review a rate because the rate produces a revenue—variable cost percentage that is less than the percentages incorporated in K.A.R. 82- 9-7. The…

Contracts. (a) Definitions. (1) “Contract,” as used in this regulation, means a written agreement entered into by one or more rail carriers with one or more purchasers of rail services, to provide specified services under spec- ified rates, charges, and conditions. (2) “Amendment…

Grounds for complaints. Any contract may be reviewed by the commission on its motion, or upon complaint. Contracts shall be reviewed only on the following grounds: (a) In the case of a contract other than a con- tract for the transportation of agricultural com- modities, includin…

Filing and service of complaints. (a) An original and six copies of a complaint shall be filed with the commission by the 18th day after the filing date of the contract. A copy of the com- plaint shall also be served on each railroad listed as a railroad participating in the cont…

Commission decision upon re- view of contract. (a) Within 30 days after the date a proceeding is begun to review a contract upon the grounds specified in 82-9-17(b), the commission shall decide whether the contract vio- lates the provisions of 49 U.S.C. Sec. 10713, as in effect o…

Commencement of proceedings. (a) To determine whether a new individual or joint rate, or an individual or joint classification, rule, or practice related to a rate filed with the commission by a rail carrier, is discriminatory, unreasonable or in any way violates the law, the com…

Limitation of rights of a rail car- rier to enter future contracts. The commission may limit the right of any rail carrier to enter into future contracts if it determines that additional contracts would impair the ability of the rail car- rier to fulfill its common carrier obliga…

Common carrier responsibility. (a) The terms of each contract approved by the commission shall completely determine the duties and service obligations of the parties to the con- tract with respect to the services provided under the contract. The contract shall not affect the par-…

Filing a contract and contract tariff. (a) Each railroad entering into a contract for railroad transportation services (or the origi- nating railroad for a contract involving movement over more than one railroad) with one or more purchasers of rail service shall file, with the co…

Exempt transportation. (a) The commission may exempt a person, class of person, transaction or service from further rail regulation by the commission when it finds that: (1) further regulation is not necessary to carry out state and national transportation policy; and (2) either …

Joint rate surcharges and can- cellations. (a) 49 U.S.C. 10705a, as it existed on September 15, 1984, is adopted by reference. (b)Railvariablecostandrevenuedeterminations for joint rates subject to surcharge or cancellation shall be made pursuant to 3 I.C.C.2d 703 and 49 C.F.R. P…

Rate discrimination. Differences between rates, classifications, rules and practices of rail carriers that provide transportation which is subject to the jurisdiction of the commission shall not constitute unlawful discrimination if the dif- ferences result from different service…

Grounds for suspension. (a) A pro- posedrate,classification,rule,orpracticeshallnot be suspended unless it appears, from the specific facts shown by a verified statement of a protes- tant, that: (1) there is a substantial probability that the protestant will prevail on the merits…

Duration of suspension period. (a) Each proceeding commenced under these procedures shall be completed within five months from the effective date of the proposed rate, clas- sification, rule or practice. However, if the com- mission reports to the interstate commerce com- mission…

Market dominance. (a) When any new individual or joint rate is alleged to be unrea- sonablyhigh,adeterminationofwhetherornotthe railroad proposing the rate has market dominance over the transportation to which the rate applies shall be made by the commission within 90 days after …

Reasonableness. (a) Except for nonferrous recyclables, the reasonableness of a rate shall be evaluated by the commission only after market dominance has been established. Authority to determine and prescribe reasonable rules,classificationsandpracticesmaynotbeused directly or ind…