[Federal Register Volume 84, Number 101 (Friday, May 24, 2019)]
[Notices]
[Page 24196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10281]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


Protecting Public Transportation Operators From the Risk of 
Assault

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice.

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SUMMARY: This notice alerts transit agencies to the need to address the 
risk of transit operator assault when identified through the processes 
required under the Public Transportation Agency Safety Plan (PTASP) 
regulation. The PTASP regulation requires transit agencies to develop 
and implement Safety Management Systems (SMS) and associated processes 
for all elements of a public transportation system. In cases where 
transit agencies discover a risk of operator assault, the PTASP 
regulation requires agencies as part of their SMS processes to develop 
methods or processes to identify mitigations or strategies necessary as 
a result of the agency's safety risk assessment. The agency would use 
these methods or processes to reduce the likelihood and severity of 
occurrences of operator assault, based on the agency's analysis of the 
risk.

FOR FURTHER INFORMATION CONTACT: For general information, contact 
[email protected]. For program matters, contact Adrianne Malasky, Office 
of Transit Safety and Oversight, (202) 366-1783 or 
[email protected]. For legal matters, contact Richard Wong, 
Office of Chief Counsel, (202) 366-4011 or [email protected]. Office 
hours are from 8:30 a.m. to 5:00 p.m. Eastern, Monday through Friday, 
except Federal holidays.

SUPPLEMENTARY INFORMATION: Section 3022(a) of the Fixing America's 
Surface Transportation (FAST) Act (Pub. L. 114-94) directs FTA to issue 
a notice of proposed rulemaking (NPRM) on protecting public 
transportation operators from the risk of assault. Section 3022(b) 
requires that FTA in the proposed rulemaking consider the different 
safety needs of drivers of different modes, differences in operating 
environments, the use of technology to mitigate driver assault risks, 
existing experience, and the impact of the rule on future rolling stock 
procurements and vehicles currently in revenue service.
    The recently promulgated PTASP regulation, 49 CFR part 673 (83 FR 
34418 (July 19, 2018)), addresses the risk of transit operator assault 
and makes issuing a separate NPRM on this subject unnecessary. The 
PTASP regulation requires transit agencies to develop and implement SMS 
processes, which include identifying safety hazards, assessing the 
related safety risks, and then establishing methods of risk mitigation. 
Through these processes, transit agencies may discover various safety 
needs of transit workers, such as the risk of operator assault, based 
on their specific operating environments. Where instances of operator 
assault are identified, transit agencies should, as required by the 
PTASP regulation, take steps to identify mitigations or strategies 
necessary to reduce the likelihood and severity of occurrences of 
operator assault. The PTASP regulation itself is not included in this 
notice; an electronic version may be found on FTA's website at 
www.transit.dot.gov/PTASP.
    In adopting SMS processes as part of the PTASP regulation, FTA took 
into account considerations consistent with Section 3022(b) of the FAST 
Act, because SMS requires steps tailored to the needs of each operating 
environment. The preamble to the PTASP regulation referenced future 
regulatory activities to address transit operator assault. After 
considering alternatives, FTA has determined that the PTASP regulation 
is the best approach to achieving the statutory objective of protecting 
public transportation operators from the risk of assault, and that any 
additional rulemaking would be redundant. This document also serves to 
provide notice of the termination of the associated Regulatory 
Identification Number for the NPRM, 2132-AB30.

K. Jane Williams,
Acting Administrator.
[FR Doc. 2019-10281 Filed 5-23-19; 8:45 am]
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