[Federal Register Volume 61, Number 247 (Monday, December 23, 1996)]
[Rules and Regulations]
[Pages 67492-67493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32306]


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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration

49 CFR Part 659

RIN 2132-AA57


Rail Fixed Guideway Systems; State Safety Oversight

AGENCY: Federal Transit Administration, DOT.

ACTION: Final rule; technical amendments.

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SUMMARY: The Federal Transit Administration (FTA) is making technical 
amendments to the State Safety Oversight rule to correct minor errors. 
This rule is intended to clarify the existing rule.

EFFECTIVE DATE: December 23, 1996.


[[Page 67493]]


FOR FURTHER INFORMATION CONTACT: Nancy M. Zaczek, Attorney-Advisor for 
Legislation and Rulemakings, Office of the Chief Counsel, FTA, 400 7th 
Street S.W., Washington, D.C. 20590. (202)366-4011. Information may 
also be obtained from Roy Field of the Office of Safety and Security 
(202) 366-2896. Electronic access to this and other rules may be 
obtained through FTA's Transit Safety and Security Bulletin Board at 1-
800-231-2061 or through the FTA World Wide Web home page at http://
www.fta.bt.gov; both services are available seven days a week.

SUPPLEMENTARY INFORMATION: FTA is making the following technical 
amendments to its State Safety Oversight rule.

I. System Safety Program Plans

    Section 659.33(a) is amended by adding a dash after the word 
``must,'' moving the phrase ``require the transit agency to'' to 
paragraph (a)(1), and removing the dash after the word ``to.'' Section 
659.33(a) now reads ``[e]xcept as provided in Sec. 659.33(b), the 
oversight agency must--(1)[r]equire the transit agency to implement, 
beginning on January 1, 1997, a system safety program plan conforming 
to the oversight agency's system safety program standard; and [2] 
[a]pprove in writing before January 1, 1997, the transit agency's 
system safety program plan.''
    Section 659.33(b) is amended by adding a dash after the word 
``must'' and moving the phrase ``require the transit agency to'' to 
paragraph (b)(1), and removing the dash after the word ``to.'' Section 
659.33(b) now reads ``[t]he oversight agency must--(1) [r]equire the 
transit agency to implement beginning on January 1, 1998, the security 
portions of its system safety program plan; and (2) [a]pprove in 
writing before January 1, 1998, the security portions of the transit 
agency's system safety program plan.''

II. Annual Audits

    Section 659.35(a) states that ``the oversight agency must require 
that the transit agency submit, annually, a copy of the annual safety 
audit report prepared by the transit agency as a result of the Internal 
Safety Audit Process (APTA [American Public Transit Association] 
Guidelines, checklist number 9) * * *.'' FTA has learned through public 
meetings with State and transit agency officials that there is much 
confusion concerning this requirement. Many have interpreted this 
provision to mean that a transit agency must conduct, annually, an 
audit that complies with checklist #9, which is a very detailed audit 
that generally is not conducted annually. This interpretation is 
incorrect. In this section, FTA is requiring the oversight agency to 
require the transit agency to audit itself, as check list #9 states, on 
an on-going basis. Of course, a transit agency will not conduct a 
complete audit every year; but, it would be appropriate to phase-in a 
complete audit during the three-year time-period between safety 
reviews. This section requires that reports be written annually to 
reflect the kind of audit the transit agency conducted for that year; 
those reports must be submitted to the oversight agency. In short, the 
oversight agency in conjunction with the transit agency should decide 
on the areas that should be audited in a given year and on the content 
of the audit report. In making these decisions, however, the oversight 
and transit agencies are required to use the American Public Transit 
Association's checklist # 9 process.

III. Annual Submissions

    In this section FTA has changed the date the annual submissions are 
due from the oversight agency from January 1 of each year to March 15 
of each year; this gives the oversight agency time to collect data and 
it corresponds to the date that MIS (Management Information Systems) 
forms are due from recipients, including States, under FTA's drug and 
alcohol rules.

IV. Regulatory Analyses and Notices

    This is not a significant rule under Executive Order 12866 or under 
the Department's Regulatory Policies and Procedures. There are no 
significant Federalism implications to warrant the preparation of a 
Federalism Assessment. The Department certifies that this rule will not 
have a significant economic impact on a substantial number of small 
entities; this rule merely corrects minor errors that occurred in the 
December 27, 1995, publication and is unlikely to significantly 
increase the costs for employers.

List of Subjects in 49 CFR Part 659

    Grant programs--transportation, Incorporation by reference, 
Reporting and recordkeeping requirements, Safety, Security, and 
Transportation.
    For the reasons set forth in the preamble, FTA amends title 49, 
Code of Federal Regulations, part 659 as follows:

PART 659--RAIL FIXED GUIDEWAY SYSTEMS; STATE SAFETY OVERSIGHT

    1. The authority for part 659 continues to read as follows:

    Authority: 49 U.S.C. 5330; 49 CFR 1.51.

    2. Sec. 659.33 (a) and (b) are revised to read as follows:


Sec. 659.33  Specimen system safety program plans.

    (a) Except as provided in Sec. 659.33(b), the oversight agency 
must--
    (1) Require the transit agency to implement, beginning on January 
1, 1997, a system safety program plan conforming to the oversight 
agency's system safety program standard; and
    (2) Approve in writing before January 1, 1997, the transit agency's 
system safety program plan.
    (b) The oversight agency must--
    (1) Require the transit agency to implement beginning on January 1, 
1998, the security portion of its system safety program plan; and
    (2) Approve in writing before January 1, 1998, the security 
portions of the transit agency's system safety program plan.
* * * * *


Sec. 659.45(b)  [Amended]

    3. In Sec. 659(b) the words ``March 15'' are substituted for the 
words ``January 1''.

    Issued: December 16, 1996.
Gordon J. Linton,
Administrator.
[FR Doc. 96-32306 Filed 12-20-96; 8:45 am]
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