No. 43255 (Repeal and Reenact): Rule R920-30. State Safety Oversight

(Repeal and Reenact)

DAR File No.: 43255
Filed: 10/12/2018 02:14:46 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this proposed amendment is to incorporate by reference the Federal Transit Administration standards for State Safety Oversight, and to satisfy requirements of S.B. 136, passed during the 2018 General Session of the Legislature. This rule is authorized or ,required by 49 U.S.C. 5330, 49 CFR 659, 49 CFR 674, and Sections 72-1-201, 72-1-208, and 72-1-214.

Summary of the rule or change:

This proposed change to Rule R920-30 repeals the text of the existing rule and replaces it with new text. The text of the current rule is intended to adopt various different sections of 49 CFR Part 674 to establish the standards for State Safety Oversight required by the Federal Transit Administration. The text of the reenacted rule incorporates 49 CFR Part 674 by reference and includes specific provisions required by the Utah Legislature during the 2018 regular session in S.B. 136 sixth substitute to establish the standards for State Safety Oversight. The text of the reenacted rule R920-30 establishes the standard of the state of Utah oversight required to implement the provisions of 49 U.S.C. 5329(e), 49 U.S.C. 5330, and 49 CFR Part 674, Rail Fixed Guideway Systems, State Safety Oversight. It applies to the Utah Transit Authority (UTA), the large public transit district operating rail fixed guideway systems in the state of Utah. The Department of Transportation (Department) exercises jurisdiction over safety of equipment and operations of the UTA pursuant to Section 72-1-214. In addition, pursuant to 49 CFR Part 674, the Department has authority to investigate any allegation of noncompliance with the Public Transportation Agency Safety Plan. Pursuant to 49 CFR Part 674, the Department is responsible for establishing minimum standards for rail safety practices and procedures to be used by the UTA. The Department's program standard is consistent with the National Public Transportation Safety Plan, the Public Transportation Safety Certification Training Program, and the rules for Public Transportation Agency Safety Plans. The Department also must oversee the execution of these practices and procedures to ensure compliance with the provisions of 49 CFR Part 674. This proposed amendment satisfies those requirements.

Statutory or constitutional authorization for this rule:

This rule or change incorporates by reference the following material:

Adds The Federal Transit Administration, State Safety Oversight, Final Rule, published by Federal Government Printing Office, 03/16/2016

Anticipated cost or savings to:

the state budget:

The Department estimates that neither it nor the state will experience a fiscal impact related to this proposed amendment because it has been acting as the state safety oversight agency for rail fixed guideway public transportation safety for several years.

local governments:

The Department estimates this proposed amendment will not cause any fiscal impact to local governments in Utah. It applies to the Utah Transit Authority (UTA), which is the large public transit district operating rail fixed guideway systems in Utah and no other person or government.

small businesses:

The Department estimates this proposed amendment will not cause any fiscal impact to small businesses in Utah. It applies to the Utah Transit Authority (UTA), which is the large public transit district operating rail fixed guideway systems in Utah and no other person or government.

persons other than small businesses, businesses, or local governmental entities:

The Department estimates this proposed amendment will not cause any fiscal impact to persons other than businesses and local governments in Utah. It applies to the Utah Transit Authority (UTA), which is the large public transit district operating rail fixed guideway systems in Utah and no other person or government.

Compliance costs for affected persons:

There may be compliance costs for the UTA, the only entity affected by this rule. However, those compliance costs are presently inestimable.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule will not cause any fiscal impact to businesses in Utah.

Carlos Braceras, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Transportation
Operations, Traffic and Safety
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY, UT 84119-5998

Direct questions regarding this rule to:

Christine Newman at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov
James Palmer at the above address, by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov
Linda Hull at the above address, by phone at 801-965-4253, by FAX at , or by Internet E-mail at lhull@utah.gov
Josh Dangel at the above address, by phone at , by FAX at , or by Internet E-mail at jdangel@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/03/2018

This rule may become effective on:

12/10/2018

Authorized by:

Carlos Braceras, Executive Director

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2019

FY 2020

FY 2021

State Government

Local Government

Small Businesses

Non-Small Businesses

Other Person

Total Fiscal Costs:

Fiscal Benefits

State Government

Local Government

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Benefits:

Net Fiscal Benefits:

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non-Small Businesses are described in Appendix 2.

Appendix 2: Regulatory Impact to Small and Non-Small Businesses

1) This rule is authorized or required by 49 USC 5330; 49 CFR 659; 49 CFR 674; Sections 72-1-201, 72-1-208, and 72-1-214. The Department of Transportation (Department) proposes this amendment to satisfy requirements of state and federal law about establishing the Department as the state safety oversight agency for rail fixed guideway public transportation safety pursuant to Section 72-1-214.

2) The Department estimates that this proposed new language will not cause any fiscal impact to any industry or private business in Utah.

3) The Department estimates that neither it nor the state will experience a fiscal impact related to this proposed amendment because it has been acting as the state safety oversight agency for rail fixed guideway public transportation safety for several years. The proposed new language does not change that.

4) Carlos Braceras, executive director of the Department has reviewed and approved this fiscal analysis.

R920. Transportation, Operations, Traffic and Safety.

R920-30. State Safety Oversight.

[~~R920-30-1. Purpose and Authority.~~

~~The purpose of this rule is to adopt the Federal Transit Administration standards for State Safety Oversight. This rule is authorized by Sections 72-1-201, 72-1-208, and 72-1-214.~~

~~R920-30-2. Adoption of Federal Regulation.~~

The Federal Transit Administration, State Safety Oversight, Final Rule, Title 49 CFR Part 674 (eff. April 15, 2016) as it applies to the management of the State Safety Oversight Program, is incorporated by reference.

~~R920-30-3. Subpart A -- General Provisions.~~

~~A. Section 674.1 Purpose.~~

~~B. Section 674.3 Applicability.~~

~~C. Section 674.5 Policy.~~

~~D. Section 674.7 Definitions.~~

~~E. Section 674.9 Transition from Previous Requirements for State Safety Oversight.~~

~~R920-30-4. Subpart B -- Role of the State.~~

~~A. Section 674.11 State Safety Oversight Program.~~

~~B. Section 674.13 Designation of Oversight Agency.~~

~~C. Section 674.15 Designation of Oversight Agency for Multi-State System.~~

~~D. Section 674.17 Use of Federal Financial Assistance.~~

~~E. Section 674.19 Certification of a State Safety Oversight Program.~~

~~F. Section 674.21Withholding of Federal Financial Assistance for Noncompliance.~~

~~G. Section 674.23Confidentiality of Information.~~

~~R920-30-5. Subpart C -- State Safety Oversight Agencies.~~

~~A. Section 674.25 Role of the State Safety Oversight Agency.~~

~~B. Section 674.27 State Safety Oversight Program Standards.~~

~~C. Section 674.29 Public Transportation Agency Safety Plans: ?General Requirements.~~

~~D. Section 674.31 Triennial Audits: ?General Requirements.~~

~~E. Section 674.33 Notifications of Accidents.~~

~~F. Section 674.35 Investigations.~~

~~G. Section 674.37 Corrective Action Plans.~~

~~H. Section 674.39 State Safety Oversight Agency Annual Reporting to Fta.~~

~~I. Section 674.41 Conflicts of Interest.~~]

R920-30-1. Regulatory Authority.

The purpose of this rule is to incorporate by reference the Federal Transit Administration standards for State Safety Oversight (04/15/2016). This rule is authorized or required by 49 U.S.C. 5330; 49 CFR 659; 49 CFR 674; Utah Code Sections 72-1-201, 72-1-208, and 72-1-214.

R920-30-2. Purpose and Scope.

(1) This rule, R920-30, establishes the standard of the State of Utah oversight required to implement the provisions of 49 U.S.C. 5329(e), 49 U.S.C. 5330, and 49 CFR Part 674, Rail Fixed Guideway Systems, State Safety Oversight.

(2) This rule applies to the Utah Transit Authority ("UTA"), the public transportation agency operating rail fixed guideway systems in the State of Utah.

(3) The Utah Department of Transportation (the "Department") exercises jurisdiction over safety of equipment and operations of the UTA pursuant to Utah Code Section 72-1-214. In addition, pursuant to 49 CFR Part 674, the Department has authority to investigate any allegation of noncompliance with the Public Transportation Agency Safety Plan.

(4) Pursuant to 49 CFR Part 674, the Department is responsible for establishing minimum standards for rail safety practices and procedures to be used by the UTA. The Department's program standard is consistent with the National Public Transportation Safety Plan, the Public Transportation Safety Certification Training Program, and the rules for Public Transportation Agency Safety Plans. The Department also must oversee the execution of these practices and procedures to ensure compliance with the provisions of 49 CFR Part 674.

(5) Where revisions to this rule, R920-30, are necessary, the Department will conduct a rulemaking proceeding, in accordance with the Utah Administrative Rulemaking Act, Utah Code Sections 63G-3-101-702.

(6) The Department and the UTA must operate as legally and financially independent entities.

(7) The Department does not and must not employ any individual who is also responsible for administering or providing services to the UTA.

(8) The Department will submit an annual report summarizing the oversight activities related to the UTA of the safety of the rail fixed guideway system to the Federal Transit Administration and the Governor as required by 49 CFR Part 674.

R920-30-3. Public Transportation Agency Safety Plan.

(1) The UTA shall develop and implement a written Public Transportation Agency Safety Plan (PTASP) that conforms to the requirements of 49 CFR Part 673, Public Transportation Agency Safety Plan within two calendar years after publication of 49 CFR Part 673.

(2) Prior to the development and implementation of its PTASP, the UTA shall continue to maintain, update, and implement its written System Safety Program Plan (SSPP) pursuant to 49 CFR Part 659 (April 29, 2005), which is incorporated by reference.

(3) The UTA shall submit the SSPP or PTASP to the Department for review and approval prior to its implementation. The SSPP or PTASP should be submitted in electronic format via email to the Department. Supporting procedures and referenced materials may be submitted in hard copy, by fax, mail, email, or in-hand delivery.

(4) The UTA shall submit an updated SSPP or PTASP, and any accompanying procedures, for Department review and approval on or before February 1st of each year. If no updates are required, the UTA shall so notify the Department in writing before February 1st of each year.

(5) Should the UTA update the SSPP or PTASP outside the annual review cycle, either upon its own initiative or upon the written request of the Department for modifications to the SSPP or PTASP, the UTA shall submit a revised SSPP or PTASP to the Department. The SSPP or PTASP should be submitted in electronic format via email to the Department within 30 calendar days of the event requiring the changes. Supporting procedures and referenced materials may be submitted in hard copy, by fax, mail, email, or in-hand delivery.

R920-30-4. Incorporation by Reference of Federal Regulation.

KEY: state safety oversight, transit, safety

Date of Enactment or Last Substantive Amendment: [~~October 10, 2017~~]2018

Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-1-208; 72-1-214