FTA publishes final umbrella rule for transit safety

FTA

The U.S. Department of Transportation's (USDOT) Federal Transit Administration (FTA) published a final rule that provides the framework for FTA to monitor, oversee and enforce transit safety, based on the methods and principles of Safety Management Systems (SMS).

“With today’s action, FTA continues its steady progress in establishing the regulatory framework needed to implement and strengthen our new and existing safety transit oversight and enforcement authorities,” said FTA Acting Administrator Carolyn Flowers.

This final rule sets procedural requirements for FTA to issue directives and advisories to the public transportation industry and to promulgate future safety regulations. It also lays out the rules of practice for FTA to inspect, investigate, audit, examine and test transit agencies’ facilities, equipment, rolling stock and operations.

In addition, the final rule details FTA enforcement actions against transit agencies for noncompliance with Federal transit safety law, including: requiring more frequent oversight or reporting requirements; mandating that federal funds be spent to correct safety deficiencies before funds are spent on other projects; withholding up to 25 percent of a grantee’s funding under the Urbanized Area Formula Program; and imposing restrictions or prohibitions on a transit agency’s operations if FTA determines that an unsafe practice or condition creates a substantial risk of death or personal injury.

FTA said adopting SMS further supports the administration by taking a risk-based approach to the development and implementation of its Safety Program and in the exercise of its enforcement authorities. SMS builds on existing transit safety practices by using data to proactively identify, avoid and mitigate safety risks.

The Public Transportation Safety Program final rule will become effective 30 days from the official Federal Register publication date and is one of several components of a comprehensive safety program Congress required FTA to establish in the Moving Ahead for Progress in the 21st Century (MAP-21) Act in 2012 and reauthorized in the Fixing America’s Surface Transportation (FAST) Act in 2015 for federally-funded public transportation systems.

“The safety of passengers and employees must be the top priority,” said U.S. Transportation Secretary Anthony Foxx. “This final rule puts in place the essential foundation for FTA to help further improve safety for the millions of daily transit users and for those who operate and maintain the systems.”