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Publications iconKansas Register

Volume 42 - Issue 20 - May 18, 2023

State of Kansas

Department of Transportation

Notice of Hearing on Proposed Administrative Regulation

A public hearing will be conducted at 9:00 a.m. Monday, July 17, 2023, in the Eisenhower State Office Building, 4th Floor, Auditorium A, 700 SW Harrison St., Topeka, KS 66603, to consider the adoption of a proposed rule and regulation of the Department of Transportation on a permanent basis. Interested parties may also attend the public hearing via Zoom by registering at

This 60-day notice of the public hearing shall constitute a public comment period for the purpose of receiving written public comments on the proposed rule and regulation. All interested parties may submit written comments prior to the hearing to the Office of Chief Counsel, 700 SW Harrison St., 3rd Floor West, Topeka, KS 66603, or by email to Interested parties will be given a reasonable opportunity to present their views orally regarding the adoption of the proposed rule and regulation during the public hearing. To provide interested parties with an opportunity to present their views, it may be necessary to request that each participant limit any oral presentation to five minutes.

Any individual with a disability may request an accommodation to participate in the public hearing and may request the proposed regulation and economic impact statement in an accessible format. Requests for accommodation to participate in the hearing should be made at least five working days in advance of the hearing by contacting Emily Brown at 785-296-3831 (or by calling the Kansas Relay Center at 1-800-766-3777) or via email at The north entrance to the Eisenhower State Office Building is accessible. Handicapped parking is located at the parking lot across the street from the north entrance to the building.

A copy of the proposed regulation and the Economic Impact Statement for the proposed regulation can be viewed at A summary of the proposed regulation and its economic impact follows.

K.A.R. 36-43-1 – Crew requirements; exceptions. This is a new regulation that identifies the minimum crew requirements for railroads operating in the State of Kansas with six exceptions.

Nearly all railroads in Kansas are currently operating with two-person crews and will have no increased labor costs from the implementation of the proposed regulation. The primary economic effect for the few railroads operating one-person crews would be the labor. However, railroads operating with a one-person crew may see reduced accidents, which will likely reduce operating costs and may offset any increased labor costs.

It is anticipated that some portion of any additional railroad operating costs, based on two-person crews, may be passed on to railroad customers. It is unknown to what degree this would occur, or the potential dollar amounts involved. Additionally, it would be expected that operating with a two-person crew would have a positive impact on various governmental entities due to more disposable income, purchases, and associated sales tax in local economies.

Calvin Reed
Acting Secretary
Department of Transportation

Doc. No. 051150