| (a) Purpose. Title 49 U.S.C. §5329, authorizes
the Secretary of the U.S. DOT to create and implement a National Public
Transportation Safety Plan. Recipients must implement transit safety
plans.
(b) Affected agencies. A recipient of §5307 Urbanized
Area Formula Grants must comply with 49 U.S.C. §5329.
(c) Department role. As the certifying agency the department
will:
(1) draft and certify a public transportation agency
safety plan for each transit system defined as a small public transportation
provider under 49 C.F.R. Part 673.5;
(2) provide small public transportation providers the
ability to develop their own plan by opting out of a state prepared
plan; and
(3) annually certify all small public transportation
provider safety plans for compliance with 49 C.F.R. Part 673 requirements
regardless of whether they opt out of the department's drafting effort.
(d) Small public transportation provider. A small public
transportation provider must, by July 20, 2020, establish a public
transportation agency safety plan that meets the requirements of 49
C.F.R. Part 673, and that at a minimum, satisfies the requirements
of this subsection.
(1) The public transportation agency safety plan, and
subsequent updates, must be signed by the accountable executive and
approved by the agency's board of directors, or an equivalent authority.
(2) The public transportation agency safety plan must
document the processes and activities related to safety management
system implementation.
(3) The public transportation agency safety plan must
include performance targets based on the safety performance measures
established under the National Public Transportation Safety Plan.
(4) The public transportation agency safety plan must
address all applicable requirements and standards as set forth in
the FTA's Public Transportation Safety Plan. Compliance with the minimum
safety performance standards authorized under 49 U.S.C. §5329(b)(2)(C)
is not required until standards have been established through the
public notice and comment process.
(5) Each transit agency must establish a process and
timeline for conducting an annual review and update of the public
transportation agency safety plan.
(6) A transit agency must maintain its public transportation
agency safety plan in accordance with the recordkeeping requirements
in 49 C.F.R. 673, Subpart D, Safety Plan Documentation and Recordkeeping.
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