No. 42012 (New Rule): Rule R920-30. State Safety Oversight

(New Rule)

DAR File No.: 42012
Filed: 08/11/2017 03:09:58 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Federal Law, 49 U.S.C. 5330, requires states to oversee the safety and security of rail fixed guideway systems through a designated oversight agency. The Utah Department of Transportation (UDOT) is the designated oversight agency for Utah. The Federal Transit Administration has changed its regulations to require designated oversight agencies to assume greater responsibility for overseeing the safety of their rail fixed guideway systems. The regulations require state oversight agencies to develop and distribute a compilation of processes and procedures that governs the conduct of the oversight program at the state oversight agency level, and provides guidance to the regulated rail transit properties concerning processes and procedures they must have in place to be in compliance with the state safety oversight program known as a program standard. Program standards and any referenced program procedures must be submitted to FTA as part of the initial submission. Subsequent revisions and updates must be submitted to FTA as part of the oversight agency's annual submission. Program standards must meet the requirements specified and included, at a minimum, the areas identified in 49 CFR Part 659. 49 CFR Part 674 satisfies the requirements of 49 U.S.C. 5330, and 49 CFR Part 659. In the interest of efficiency and economy, the Department has determined that adopting all of 49 CFR Part 674 by reference is in the best interest of the state.

Summary of the rule or change:

This new rule adopts the contents and requirements of 49 CFR Pert 674 by reference to be used as its program standard for overseeing the safety and security of the state's rail fixed guideway systems.

Statutory or constitutional authorization for this rule:

• Section 72-1-208
• Section 72-1-201
• Section 72-1-214

Anticipated cost or savings to:

the state budget:

UDOT anticipates that this new rule will result in additional cost to the state budget because it assigns greater responsibilities to UDOT regarding its oversight of the safety and security of the state's rail fixed guideway systems. However, the mechanism for overseeing the safety and security of the state's rail fixed guideway systems is already in place, so these additional cost will likely be de minimus.

local governments:

UDOT does not anticipate this new rule will result in any additional cost or savings to the budgets of local governments because it does not require anything of local governments.

small businesses:

UDOT does not anticipate this new rule will result in any additional cost or savings to the budgets of small businesses because it does not require anything of small businesses.

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

UDOT does not anticipate this new rule will result in any additional cost or savings to the budgets of persons other than small businesses, businesses, or local government entities because it does not require anything of persons other than small businesses, businesses, or local government entities. This new rule will only affect UDOT and the state agency responsible for the state's rail fixed guideway systems, which is the Utah Transit Authority.

Compliance costs for affected persons:

UDOT anticipates that this new rule will result in additional costs to the budgets of the affected state agencies because it adds requirements for maintaining the safety and security of the state's rail fixed guideway systems.

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

This new rule should not have any fiscal impact on businesses. Its impact will be limited to state government.

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 [e-mail]
• James Palmer at the above address, by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at [e-mail]
• Linda Hull at the above address, by phone at 801-965-4253, by FAX at , or by Internet E-mail at [e-mail]

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:

10/02/2017

This rule may become effective on:

10/09/2017

Authorized by:

Carlos Braceras, Executive Director

RULE TEXT

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.

 

KEY: state safety oversight, transit, safety

Date of Enactment or Last Substantive Amendment: 2017

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

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