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Missouri Department of Transportation

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MoDOT Previous Rules for Public Comment

This page contains previously proposed rules adopted by the Missouri Highways and Transportation Commission, summaries of the proposed rules, and the official copy of the proposed rules published in the Missouri Register, along with any materials incorporated by reference.

Proposed Rule Summary Fiscal Note(s) Supporting Documents Link to Missouri Register Reference Materials Date Posted
7 CSR 10-1.010 Description, Organization, and Information Revises the responsibilities for the Highway Safety and Traffic Division and outlines the responsibilities for the office of Innovative Partnerships and Alternative Funding to reflect how this division and office conducts business. N/A Proposal Link   11/15/2017
7 CSR 10-2.020 Ordering Limitation of Weights on, or Closing of Certain State Roads This rule is being amended to remove unnecessary language while expressly delegating authority from the Missouri Highways and Transportation Commission to the chief engineer to close or impose vehicle weight limits on any road in the state highway system for the purpose of the construction or maintenance of such road, or for the safety of the traveling public when necessary as in the case of floods, weather conditions, traffic accidents, etc.  Any closure or weight limit shall have a sign posted along the road to alert the traveling public. N/A Proposal Link   3/16/18
7 CSR 10-3.010 Location and Reloaction of Utility Facilities on State Highways

Provides a uniform system for regulating the location, construction, maintenance, removal and relocation of utility facilities on the right of way of highways in the state highway system to provide for public safety and to facilitate the construction and maintenance of these highways.

N/A Proposal Link

Link 1

Link 2

Link 3

Link 4

12/15/2017
7 CSR 10-3.020 Utility Relocation Hearings

Provides a uniform procedure for administrative hearings concerning location and relocation of utility improvements and facilities within the right of way of state highways.

N/A Proposal Link

Link 1

Link 2

Link 3

Link 4

12/15/2017
7 CSR 10-3.030 Location and Relocation of Private Lines on State Highways

Defines private lines and establishes where private lines should be located on state highway right of way and provides a uniform system for regulating the location, construction, maintenance, removal and relocation of private lines on the right of way of state highways.

N/A Proposal Link

Link 1

Link 2

Link 3

Link 4

12/15/2017

7 CSR 10-4.010 Administrative Review of Denial of Eligibility Or Amount of Relocation Assistance Benefits.

This amendment provides a uniform system for administrative review conducted consistent with chapter 536, RSMo, of final department determinations as to the eligibility for relocation assistance payments, the amount of relocation assistance payments, or both.

N/A Proposal Link   12/14/2017

7 CSR 10-4.020 Relocation Assistance Program.

This amendment satisfies the Commission obligation under state and federal law to duly file the practices and procedures for computing relocation assistance benefits.

N/A Proposal Link EPG 12/14/2017

7 CSR 10-5.010 Licensing of Junkyards

Removes rule language that duplicated language in Sections 226.650 to 226.720, RSMo; and removes unnecessary restrictive language.

N/A

Proposal

 

Link   10/16/2017

7 CSR 10-6.020 Directional and Other Official Signs

Removes unnecessary restrictive language.

N/A

Proposal

 

Link   10/16/2017

7 CSR 10-6.030 On-Premises Signs

Removes unnecessary restrictive language.

N/A

Proposal

 

Link   10/16/2017

7 CSR 10-6.040 Outdoor Advertising in Zoned and Unzoned Commercial and Industrial Areas

Removes unnecessary restrictive language and reduces the static display time for an automatic changeable display or digital technology from ten to eight seconds between advertising.

N/A

Proposal

 

 

Link   10/16/2017

7 CSR 10-6.050 Outdoor Advertising Beyond Six Hundred Sixty Feet (660’) of the Right-of-Way

Removes unnecessary restrictive language.

N/A

Proposal

 

 

Link   10/16/2017

7 CSR 10-6.060 Nonconforming Signs

Removes unnecessary restrictive language.

N/A

Proposal

 

Link   10/16/2017

7 CSR 10-6.070 Permits for Outdoor Advertising

Removes unnecessary restrictive language.

N/A

Proposal

 

Link   10/16/2017

7 CSR 10-6.080 Removal of Outdoor Advertising Without Compensation

Removes unnecessary restrictive language.

N/A

Proposal

 

Link   10/16/2017

7 CSR 10-6.085 Cutting and Trimming of Vegetation on Right-of-Way

Removes unnecessary restrictive language and modifies provisions on the cutting and trimming of vegetation on state highway system right of way to clear a billboard’s visibility zone, including deleting the vegetation cutting permit fee and extending the duration of a vegetation cutting permit from 120 to 365 days.

Fiscal Note

Proposal

 

Link   10/16/2017

7 CSR 10-6.090 Administrative Review of Notices to Remove Outdoor Advertising and to Terminate Nonconforming Signs

Removes unnecessary restrictive language and updates rule provisions to be consistent with state law, such as authorizing a billboard owner to send a written request for a hearing on a notice to remove such billboard within 60 days (instead of the rule’s current 30 days) to the commission secretary.

N/A

Proposal

 

Link   10/16/2017

7 CSR 10-6.100 Removal or Concealment of Outdoor Advertising Pending Judicial Review

Removes unnecessary restrictive language.

N/A

Proposal

 

Link   10/16/2017
7 CSR 10-7.010 Distribution of Funds Appropriated to the Missouri Elderly and Handicapped Transportation Assistance Program This rule amendment changes the rule to reflect the current practice of the Department and eliminates unnecessarily restrictive wording. N/A Proposal Link   11/15/2017

7 CSR 10-8.005 Scope of Rules

This rule incorporates by reference into all of the Commission’s DBE rules the November 3, 2014 federal DBE program regulations in Title 49, CFR, Parts 26.1 through 26.109.  It also outlines the types of Commission projects (i.e., highways, transit, airport) for which the DBE rules will apply and says failure to carry out the DBE requirements is a breach of the contract.  It also incorporates other necessary guidelines and standards in the Commission’s DBE program, including the U.S. Department of Transportation’s Questions and Answer on the DBE Program and MoDOT’s Mentor/Protégé Program.

N/A Proposal Link

49 CFR Part 26

Questions & Answers

Mentor Protégé Program

2/16/18

7 CSR 10-8.011 Definitions

This rule incorporates by reference into all of the Commission’s DBE rules the federal DBE program definitions in Title 49, CFR, Parts 26.5, except for the words and phrases set forth in this rule.

N/A Proposal Link   2/16/18

7 CSR 10-8.011 Definitions

This rule is being rescinded and it provided definitions for terms applicable to the Commission’s DBE program that were used throughout the DBE rules.  This rule is rescinded because the Department proposes adoption of the new proposed rule 7 CSR 10-8.011 that would properly incorporate by reference the definitions of terms in Title 49, CFR, Part 26, which would harmonize state DBE terms with the federal DBE terms.

N/A Proposal Link   2/16/18

7 CSR 10-8.021 General Information

This rule is being rescinded and it provided general information on the Department’s implementation of the DBE requirements in Title 49, CFR, Part 26.

N/A Proposal Link   2/16/18

7 CSR 10-8.031 Who is Governed and Bound by the USDOT and MoDOT DBE Program Regulations

This rule is being rescinded and it provided descriptions of the person, entities and firms governed under the Department’s DBE rules. 

N/A Proposal Link   2/16/18

7 CSR 10-8.041 Effective Date of the DBE Program Under 49 CFR Part 26

This rule is being rescinded and it provided descriptions of when the Department’s DBE program became effective in Missouri.

N/A Proposal Link   2/16/18

7 CSR 10-8.051 Procedures and Policies for Initially Certifying and Recertifying Disadvantaged Business Enterprise Firms

This rule is being rescinded and it provided the process the Department uses to certify a firm as a DBE. 

N/A Proposal Link   2/16/18

7 CSR 10-8.061 Missouri Unified Certification Program

This rule describes the Unified Certification Program, a certification process for all DBEs to participate in federally funded Commission projects. The rule also recognizes five agencies to comprise the Missouri Regional Certification Committee (MRCC): the Department; the cities of St. Louis and Kansas City; the Bi-State Development Agency (St. Louis); and the Kansas City Area Transportation Authority and says that a DBE certified by one of these agencies is honored by the remaining agencies. It also provides for a process to remove a DBE’s eligibility through the MRCC, including a hearing process.

N/A Proposal Link

MRCC Policies and Procedures 

2/16/18

7 CSR 10-8.061 Missouri Unified Certification Program

This rule is being rescinded and it provided for the creation of the Missouri Unified Certification Program for federal DBE certification.  This rule is rescinded as it will be replaced with the new proposed rule 7 CSR 10-8.061 that would properly incorporate by reference the federal regulations in Title 49, CFR, Part 26, which intends to harmonize the state rule with federal regulations.

N/A Proposal Link   2/16/18

7 CSR 10-8.071 DBE Program Reporting and Disclosure Requirements for Currently Certified DBE Firms

This rule is being rescinded and it provided for the affidavits and documents that certified DBE firms must file with the Department to remain certified and other legal impacts for a DBE firm that fails to timely file documents.

N/A Proposal Link   2/16/18

7 CSR 10-8.081 Ineligibility Complaints

This rule is being rescinded and it provided the procedures for, and confidentiality governing, the filing of a DBE firm ineligibility complaint.

N/A Proposal Link   2/16/18

7 CSR 10-8.091 MoDOT Procedures and Hearings to Remove a DBE Firm’s Eligibility

This rule is being rescinded and it provided the grounds when the Department may start proceedings to remove a firm’s DBE certification, including the hearing process.

N/A Proposal Link   2/16/18

7 CSR 10-8.101 The Cost of a DBE Certification Appeal

This rule is being rescinded and it provided the legal impact of a USDOT DBE certification appeal upon the Department and other parties involved.

N/A Proposal Link   2/16/18

7 CSR 10-8.111 Prompt Payment, Record Keeping and Audit Requirements

This rule is being rescinded and it provided for the prompt payment of contractors, subcontractors, and suppliers, as well as record keeping and audit requirements under the DBE program.

N/A Proposal Link   2/16/18

7 CSR 10-8.121 MoDOT DBE Program Goals, Contract Goals

This rule describes the DBE goal-setting process used by the Department.  The process includes consultation with minority, female, community groups, and general contractor groups.  The Department will publish the proposed overall goal in general circulation, minority and female focused publications, trade association publications, and the MoDOT website.  The rule also creates a Small Business Enterprise program for the DBE program.  The rule also creates contract DBE goals in order to reach the overall DBE program goals and describes how contract DBE goals are set.

N/A Proposal Link

SBE Declaration of Certification

2/16/18

7 CSR 10-8.121 MoDOT DBE Program Annual Goals and Contract Goals

This rule is being rescinded and it provided how the Department will set its annual DBE program goal and individual DBE contract goals. This rule is rescinded to be replaced with the new proposed rule 7 CSR 10-8.121 to properly incorporate by reference the regulations in Title 49, CFR, Part 26, to harmonize the state rule with federal regulations.

N/A Proposal Link   2/16/18

7 CSR 10-8.131 DBE Participation Credit Toward Project and Good Faith Efforts

This rule is being rescinded and it provided how DBE firm participation credit will be awarded by the Department.

N/A Proposal Link   2/16/18

7 CSR 10-8.141 USDOT-Assisted DBE Contract Awards and Project Awards

This rule is being rescinded and it provided for the Department’s requirements and processes to determine if a bidder has made a good faith effort to achieve a DBE contract goal.

N/A Proposal Link   2/16/18

7 CSR 10-8.151 Performance of a Commercially Useful Function by a DBE Firm

This rule is being rescinded and it provided when a DBE firm performs a commercially useful function and how the Department will enforce that requirement.

N/A Proposal Link   2/16/18

7 CSR 10-8.161 Confidentially of the DBE Program Financial and Other Information

This rule is being rescinded and it provided for the confidentiality of financial and other information submitted by a DBE to the Department.

N/A Proposal Link   2/16/18
7 CSR 10-12.010 Scenic Byways

The proposed amended rulemaking addresses the following issues: eliminates language that was already in existing state law, limits unnecessary restrictive language; and ensures the rule reflects current statutory requirements and processes, is clear and concise as possible without redundancy and continues to be necessary and up-to-date.

N/A Proposal Link Missouri Byways Program Guide 11/15/2017
7 CSR 10-12.020 Application Procedures The proposed amended rulemaking addresses the following issues: simplifies the application procedure in the rule and directs interested parties to the Department’s website to obtain information on the application submission process; limits unnecessary restrictive language; and ensures the rule reflects current statutory requirements and processes, is clear and concise as possible without redundancy and continues to be necessary and up-to-date. N/A Proposal Link Missouri Byways Program Guide 11/15/2017
7 CSR 10-12.030 Nomination Review Process

The proposed amended rulemaking addresses the following issues: eliminates unnecessary requirements in the nomination review process not found in state statute; eliminates the requirement of a biennial review; limits unnecessary restrictive language; and ensures the rule reflects current statutory requirements and processes, is clear and concise as possible without redundancy and continues to be necessary and up-to-date.

N/A Proposal Link Missouri Byways Program Guide 11/15/2017
7 CSR 10-13.010 Permit Specifications for Removal of Plants

This rule is being rescinded because plant collection activities may be addressed by issuance of a standard Commission permit that is required to be obtained by persons and entities that want to work on Commission Right of Way, therefore this specific rule is not necessary.

N/A Proposal Link   3/16/18
7 CSR 10-16.020 Definitions
This amendment incorporates federal statutes consistent with section 536.031.4 RSMo., deletes an unnecessary definition for newsrack, updates the definitions for publication vending machine and publication vending machine bin, and deletes unnecessary restrictive wording.
N/A Proposal Link   3/16/18
7 CSR 10-16.025 Public Information This amendment updates the rule to be consistent with state laws that give the Rehabilitation Services for the Blind jurisdictional rights to administer vending on state property, clarifies that the rules apply if the Rehabilitation Services for the Blind declines to exercise its rights, updates the point of contact and contact information to obtain information regarding the rule, provides guidelines to interested persons regarding the placement and licensing of publication vending machine spaces on interstate highway rest areas for distribution of publications to the public. N/A Proposal Link   3/16/18
7 CSR 10-16.035 Commission Responsibilities and Requirements This amendment clarifies the types of bins permitted in the rest areas and deletes unnecessary and restrictive wording. This rule provides the commission's responsibilities and requirements for the placement of publiction vending machines on interstate highway rest areas for distribution of publications to the public. N/A Proposal Link   3/16/18
7 CSR 10-16.045 Licensee Responsibilities and Requirements This amendment clarifies the responsibilites of the licensee, expands on the purpose of the license fees, and deletes unnecessary restrictive wording. The rule provides the licensee's responsibilities and requirements for the placement of publication vending machines on interstate highway rest areas for distribution of publications to the public. N/A Proposal Link   3/16/18
7 CSR 10-16.050 Publisher Responsibilities and Requirements This amendment clarifies that only Commission-owned bins and machines may be installed at rest areas, deletes unnecessary restrictive language regarding coin mechanisms, clarifies the terms of the agreement, expands the publisher's responsibilities, deletes redundant language regarding a publisher's liability for damage caused to commission bins and machines, and deletes unnecessary restrictive wording. The rule provides the publisher's responsibilities and requirements for the distribution of publications in publication vending machines in interstate highway rest areas. N/A Proposal Link   3/16/18
7 CSR 10-17.020 Definitions This amendment proposes elimination of unnecessary restrictive words, updates to existing definitions for clarity, adds new definitions for program expansion and makes editorial changes for clarity. N/A Proposal Link   11/15/2017
7 CSR 10-17.030 Administration This amendment proposes the elimination of unnecessary restrictive words and makes editorial changes for clarity. N/A Proposal Link   11/15/2017
7 CSR 10-17.040 Tourist Oriented Directional Signing Requirements

This amendment proposes elimination of unnecessary restrictive words, reinstates the minimum attendance requirement that was inadvertently left out of the current rule and makes editorial changes for clarity.

N/A Proposal Link   11/15/2017
7 CSR 10-17.050 Requirements for Logo Signing This amendment proposes elimination of unnecessary restrictive words, reinstates the minimum attendance requirement that was inadvertently left out of the current rule and makes editorial changes for clarity. N/A Proposal Link   11/15/2017
7 CSR 10-17.060 Requirements for Traffic Generator Signing This amendment proposes elimination of unnecessary restrictive words, modifies the college signing rules to comply with recent legislation and makes editorial changes for clarity. N/A Proposal Link   11/15/2017
7 CSR 10-18.020 Causes for Disqualification The safety of the workers, travelers and contract administrators can be impacted by how a contractor performs construction operations. This proposed amendment clarifies one existing element of bidder disqualification and adds two bidder disqualification causes the commission can consider; clarifies that a preponderance of evidence must be met to determine collusion exists; adds an Occupational Safety and Health Administration (OSHA) safety determination of serious, willful and/or repeated may be used as a cause; adds language that actions of subcontractors, suppliers, and others can be associated with the contractor that holds the contract. N/A Proposal Link Link 11/15/2017
7 CSR 10-24.010 Definitions This amendment to the design-build definitions updates and corrects the proper incorporation of federal statutes and the National ITS Architecture consistent with section 536.031.4 RSMo, adds a definition for design activities relating to design-build contracts, deletes unnecessary definitions for non-qualified project and qualified project, expands the definition of a design-build contract, corrects the state statutes under which transportation development districts are organized and deletes unnecessary restrictive wording. N/A Proposal Link

23 U.S.C. 101 ; 23 U.S.C. 122; National ITS Architecture

23 U.S.C. 103; 23 U.S.C 106;
1/16/2018
7 CSR 10-24.020 General This amendment to the design-build general section clarifies the National Environmental Protection Act (NEPA) process as it pertains to the design-build procurement process, deletes unnecessary redundant language, and restrictive wording. N/A Proposal Link 23 CFR 636 1/16/2018
7 CSR 10-24.030 Procedures for Solicitations and Receipt of Proposals This amendment incorporates federal statutes, and deletes unnecessary and restrictive language to the design-build procedures for solicitation and receipt of proposals rule. N/A Proposal Link 23 C.F.R. 636 1/16/2018
7 CSR 10-24.050 Types of Projects in Which Design-Build Contracting May Be Used This amendment is to bring the design-build rules in compliance with current federal guidance. N/A Proposal Link RSMo 227;  23 C.F.R. 636 1/16/2018
7 CSR 10-24.060 Stipends This amendment removes unnecessary restrictive language to the design-build stipends rule. N/A Proposal Link 23 C.F.R. 636 1/16/2018
7 CSR 10-24.070 Risk Allocation This amendment removes unnecessary restrictive language to the design-build risk allocation rule. N/A Proposal Link   1/16/2018
7 CSR 10-24.080 Organizational Conflicts of Interest This amendment updates and corrects the proper incorporation of federal statutes and removes unnecessary restrictive language to the design-build organizational conflicts of interest rule. N/A Proposal Link 48 C.F.R. 1/16/2018
7 CSR 10-24.100 Selection Procedures and Award Criteria This amendment removes unnecessary restrictive language to the design-build selection procedures and award criteria rule. N/A Proposal Link   1/16/2018
7 CSR 10-24.110 Solicitation Procedures for Competitive Proposals This amendment removes unnecessary restrictive language to the design-build solicitation procedures for competitive proposals rule. N/A Proposal Link   1/16/2018
7 CSR 10-24.120 Past Performance This amendment removes an unnecessary section regarding a proposer without a record of past performance for which to be evaluated from this design-build rule. N/A Proposal Link   1/16/2018
7 CSR 10-24.140 Tradeoffs in Design-Build Contracting This amendment removes unnecessary restrictive language to the tradeoffs in design-build contracting rule. N/A Proposal Link   1/16/2018
7 CSR 10-24.200 Proposal Evaluation Factors This amendment removes unnecessary restrictive language to the design-build proposal evaluation factors rule. N/A Proposal Link   1/16/2018
7 CSR 10-24.210 Process to Review, Rate and Score Proposals This amendment removes unnecessary restrictive language to the design-build process to review, rate and score proposals rule. N/A Proposal Link   1/16/2018
7 CSR 10-24.300 Information Exchange, General This amendment incorporates federal statutes, and removes unnecessary restrictive language to the design-build information exchange rule. N/A Proposal Link 23 C.F.R. 636 1/16/2018
7 CSR 10-24.330 Discussions This amendment removes unnecessary restrictive wording to the design-build discussions rule. N/A Proposal Link 7 C.S.R 10. 1/16/2018
7 CSR 10-27.020 Eligibility Requirements This amendment proposes elimination of unnecessary restrictive words and makes editorial changes for clarity. N/A Proposal Link   11/15/2017
7 CSR 10-27.040 Administration This amendment proposes elimination of unnecessary restrictive words and makes editorial changes for clarity. N/A Proposal Link   11/15/2017
7 CSR 265-9.010 Applicability of Chapter; Definitions

This proposed rule amendment removes eleven existing definitions, amends three existing definitions, adds three new definitions and incorporates the definitions in Title 49 United States Code (USC) 5329 and in Title 49 Code of Federal Regulations (CFR) Part 659 and Part 674.

N/A Proposal Link

Title 49 USC 5329

 

Title 49 CFR 659.5

 

Title 49 CFR 674.7

11/15/2017
7 CSR 265-9.020 State Safety Oversight Agency Authorities and Requirements This rule amendment changes the title of the rule and makes certain other changes to the rule due to the enactment of the Moving Ahead for Progress in the 21st Century Act (MAP-21) and associated federal regulations. N/A Proposal Link   11/15/2017
7 CSR 265-9.040 Safety Reviews Shall Be in Accordance with Federal Transit Administration (FTA) Standards This rule is being rescinded because the requirements contained therein will instead be incorporated in the state safety oversight program standard required in Title 49 Code of Federal Regulations Part 659 and Part 674. N/A Proposal Link

Title 49 CFR 659

 

Title 49 CFR 674

11/15/2017
7 CSR 265-9.050 Signs

This rule amendment aligns the retroreflectivity standards in the rule to those in the Manual on Uniform Traffic Control Devices.

N/A Proposal Link

MUTCD 2009

 

MUTCD 2009 Pt. 8

11/15/2017
7 CSR 265-9.060 Drug and Alcohol Testing This rule is being rescinded because the requirements contained therein will instead be incorporated in the state safety oversight program standard required in Title 49 Code of Federal Regulations (CFR) Part 659 and Part 674. N/A Proposal Link

Title 49 CFR 655

 

Title 49 CFR 659

 

Title 49 CFR 674

11/15/2017
7 CSR 265-9.070 Hours of Service This rule amendment clarifies the requirements of the rule and eliminates unnecessarily restrictive wording. N/A Proposal Link   11/15/2017
7 CSR 265-9.090 Walkways

This rule is being rescinded because the requirements contained therein will instead be incorporated in the state safety oversight program standard required in Title 49 Code of Federal Regulations (CFR) Part 659 and Part 674.

N/A Proposal Link

Title 49 CFR 659

 

Title 49 CFR 674

11/15/2017
7 CSR 265-9.100 Rail-Highway Grade Crossing Construction and Maintenance

This rule amendment updates the references to the Manual on Uniform Traffic Control Devices and American Railway Engineering and Maintenance of Way Association’s guidelines that are incorporated into this rule.

N/A Proposal Link

MUTCD 2009

 

MUTCD 2009 Pt. 8

 

AREMA Pt. 8

11/15/2017
7 CSR 265-9.110 Rail-Highway Grade Crossing Warning Devices This rule amendment updates the references to the Manual on Uniform Traffic Control Devices guidelines that are incorporated into this rule. N/A Proposal Link

MUTCD 2009

 

MUTCD 2009 Pt. 8

11/15/2017
7 CSR 265-9.130 Visual Obstructions at Public Grade Crossings

This rule amendment clarifies the requirements of the rule and eliminates unnecessarily restrictive wording.

N/A Proposal Link   11/15/2017
7 CSR 265-9.140 Dedicated Rail Fixed Guideway Telephone This rule is being rescinded because the requirements contained therein will instead be incorporated in the state safety oversight program standard required in Title 49 Code of Federal Regulations (CFR) Part 659 and Part 674. N/A Proposal Link

Title 49 CFR 659

 

Title 49 CFR 674

11/15/2017
7 CSR 265-9.150 Accidents and Hazards, Compliance with Federal Transit Administration (FTA) Notification This rule is being rescinded because the requirements contained therein will instead be incorporated in the state safety oversight program standard required in Title 49 Code of Federal Regulations (CFR) Part 659 and Part 674. N/A Proposal Link

Title 49 CFR 659

 

Title 49 CFR 674

11/15/2017

 

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