Summary
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.