(a)
(b)
(1)
(2)
(A) safety performance criteria for all modes of public transportation, or, in the case of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more, safety performance measures, including measures related to the risk reduction program under subsection (d)(1)(I), for all modes of public transportation;
(B) the definition of the term "state of good repair" established under section 5326(b);
(C) minimum safety performance standards for public transportation vehicles used in revenue operations that—
(i) do not apply to rolling stock otherwise regulated by the Secretary or any other Federal agency; and
(ii) to the extent practicable, take into consideration—
(I) relevant recommendations of the National Transportation Safety Board;
(II) recommendations of, and best practices standards developed by, the public transportation industry; and
(III) innovations in driver assistance technologies and driver protection infrastructure, where appropriate, and a reduction in visibility impairments that contribute to pedestrian fatalities;
(D) in consultation with the Secretary of Health and Human Services, precautionary and reactive actions required to ensure public and personnel safety and health during an emergency (as defined in section 5324(a));
(E) minimum safety standards to ensure the safe operation of public transportation systems that—
(i) are not related to performance standards for public transportation vehicles developed under subparagraph (C); and
(ii) to the extent practicable, take into consideration—
(I) relevant recommendations of the National Transportation Safety Board;
(II) best practices standards developed by the public transportation industry;
(III) any minimum safety standards or performance criteria being implemented across the public transportation industry;
(IV) relevant recommendations from the report under section 3020 of the Federal Public Transportation Act of 2015; and
(V) any additional information that the Secretary determines necessary and appropriate;
(F) a public transportation safety certification training program, as described in subsection (c); and
(G) consideration, where appropriate, of performance-based and risk-based methodologies.
(3)
(c)
(d)
(1)
(A) a requirement that the board of directors (or equivalent entity) of the recipient approve, or, in the case of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more, the safety committee of the entity established under paragraph (5), followed by the board of directors (or equivalent entity) of the recipient approve, the agency safety plan and any updates to the agency safety plan;
(B) for each recipient serving an urbanized area with a population of fewer than 200,000, a requirement that the agency safety plan be developed in cooperation with frontline employee representatives;
(C) methods for identifying and evaluating safety risks throughout all elements of the public transportation system of the recipient;
(D) strategies to minimize the exposure of the public, personnel, and property to hazards and unsafe conditions, and consistent with guidelines of the Centers for Disease Control and Prevention or a State health authority, minimize exposure to infectious diseases;
(E) a process and timeline for conducting an annual review and update of the safety plan of the recipient;
(F) performance targets based on—
(i) the safety performance criteria and state of good repair standards established under subparagraphs (A) and (B), respectively, of subsection (b)(2); or
(ii) in the case of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more, safety performance measures established under the national public transportation safety plan, as described in subsection (b)(2)(A);
(G) assignment of an adequately trained safety officer who reports directly to the general manager, president, or equivalent officer of the recipient;
(H) a comprehensive staff training program for—
(i) the operations personnel and personnel directly responsible for safety of the recipient that includes—
(I) the completion of a safety training program; and
(II) continuing safety education and training; or
(ii) in the case of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more, the operations and maintenance personnel and personnel directly responsible for safety of the recipient that includes—
(I) the completion of a safety training program;
(II) continuing safety education and training; and
(III) de-escalation training; and
(I) in the case of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more, a risk reduction program for transit operations to improve safety by reducing the number and rates of accidents, injuries, and assaults on transit workers based on data submitted to the national transit database under section 5335, including—
(i) a reduction of vehicular and pedestrian accidents involving buses that includes measures to reduce visibility impairments for bus operators that contribute to accidents, including retrofits to buses in revenue service and specifications for future procurements that reduce visibility impairments; and
(ii) the mitigation of assaults on transit workers, including the deployment of assault mitigation infrastructure and technology on buses, including barriers to restrict the unwanted entry of individuals and objects into the workstations of bus operators when a risk analysis performed by the safety committee of the recipient established under paragraph (5) determines that such barriers or other measures would reduce assaults on transit workers and injuries to transit workers.
(2)
(3)
(A)
(B)
(4)
(A)
(B)
(C)
(D)
(5)
(A)
(i) be convened by a joint labor-management process;
(ii) consist of an equal number of—
(I) frontline employee representatives, selected by a labor organization representing the plurality of the frontline workforce employed by the recipient or, if applicable, a contractor to the recipient, to the extent frontline employees are represented by labor organizations; and
(II) management representatives; and
(iii) have, at a minimum, responsibility for—
(I) identifying and recommending risk-based mitigations or strategies necessary to reduce the likelihood and severity of consequences identified through the agency's safety risk assessment;
(II) identifying mitigations or strategies that may be ineffective, inappropriate, or were not implemented as intended; and
(III) identifying safety deficiencies for purposes of continuous improvement.
(B)
(e)
(1)
(2)
(A) a rail fixed guideway public transportation system within the jurisdiction of the State that is not subject to regulation by the Federal Railroad Administration; or
(B) a rail fixed guideway public transportation system in the engineering or construction phase of development within the jurisdiction of the State that will not be subject to regulation by the Federal Railroad Administration.
(3)
(A) assumes responsibility for overseeing rail fixed guideway public transportation safety;
(B) adopts and enforces Federal and relevant State laws on rail fixed guideway public transportation safety;
(C) establishes a State safety oversight agency;
(D) determines, in consultation with the Secretary, an appropriate staffing level for the State safety oversight agency that is commensurate with the number, size, and complexity of the rail fixed guideway public transportation systems in the eligible State;
(E) requires that employees and other designated personnel of the eligible State safety oversight agency who are responsible for rail fixed guideway public transportation safety oversight are qualified to perform such functions through appropriate training, including successful completion of the public transportation safety certification training program established under subsection (c); and
(F) prohibits any public transportation agency from providing funds to the State safety oversight agency or an entity designated by the eligible State as the State safety oversight agency under paragraph (4).
(4)
(A)
(i) is financially and legally independent from any public transportation entity that the State safety oversight agency oversees;
(ii) does not directly provide public transportation services in an area with a rail fixed guideway public transportation system subject to the requirements of this section;
(iii) does not employ any individual who is also responsible for the administration of rail fixed guideway public transportation programs subject to the requirements of this section;
(iv) has the authority to review, approve, oversee, and enforce the implementation by the rail fixed guideway public transportation agency of the public transportation agency safety plan required under subsection (d);
(v) has investigative, inspection, and enforcement authority with respect to the safety of rail fixed guideway public transportation systems of the eligible State;
(vi) audits, at least once triennially, the compliance of the rail fixed guideway public transportation systems in the eligible State subject to this subsection with the public transportation agency safety plan required under subsection (d); and
(vii) provides, at least once annually, a status report on the safety of the rail fixed guideway public transportation systems the State safety oversight agency oversees to—
(I) the Federal Transit Administration;
(II) the Governor of the eligible State; and
(III) the board of directors, or equivalent entity, of any rail fixed guideway public transportation system that the State safety oversight agency oversees.
(B)
(i) have fewer than 1,000,000 combined actual and projected rail fixed guideway revenue miles per year; or
(ii) provide fewer than 10,000,000 combined actual and projected unlinked passenger trips per year.
(5)
(A) jointly with all other eligible States in which the rail fixed guideway public transportation system operates, ensure uniform safety standards and enforcement procedures that shall be in compliance with this section, and establish and implement a State safety oversight program approved by the Secretary; or
(B) jointly with all other eligible States in which the rail fixed guideway public transportation system operates, designate an entity having characteristics consistent with the characteristics described in paragraph (3) to carry out the State safety oversight program approved by the Secretary.
(6)
(A)
(B)
(i)
(ii)
(C)
(i)
(ii)
(iii)
(I) any Federal funds;
(II) any funds received from a public transportation agency; or
(III) any revenues earned by a public transportation agency.
(iv)
(7)
(A)
(B)
(C)
(D)
(i) shall notify the Governor of the eligible State of such denial of certification and failure to adequately modify the program, and shall request that the Governor take all possible actions to correct deficiencies in the program to ensure the certification of the program; and
(ii) may—
(I) withhold funds available under paragraph (6) in an amount determined by the Secretary;
(II) withhold not more than 5 percent of the amount required to be appropriated for use in a State or urbanized area in the State under section 5307 of this title, until the State safety oversight program has been certified; or
(III) require fixed guideway public transportation systems under such State safety oversight program to provide up to 100 percent of Federal assistance made available under this chapter only for safety-related improvements on such systems, until the State safety oversight program has been certified.
(8)
(A)
(B)
(i) transmit to the eligible State and affected recipient or recipients, a written explanation of the determination or subsequent finding, including any intention to withhold funding under this section, the amount of funds proposed to be withheld, and if applicable, a formal notice of a withdrawal of State safety oversight program approval; and
(ii) require the State to submit a State safety oversight program or modification for certification by the Secretary that meets the requirements of this subsection.
(C)
(i) withhold funds available under paragraph (6) in an amount determined by the Secretary;
(ii) beginning 1 year after the date of the determination, withhold not more than 5 percent of the amount required to be appropriated for use in a State or an urbanized area in the State under section 5307, until the State safety oversight program or modification has been certified; and
(iii) use any other authorities authorized under this chapter considered necessary and appropriate.
(D)
(9)
(A) the amount of funds apportioned to each eligible State; and
(B) the certification status of each State safety oversight program, including what steps a State program that has been denied certification must take in order to be certified.
(10)
(A) oversee the implementation of each State safety oversight program under this subsection;
(B) audit the operations of each State safety oversight agency at least once triennially; and
(C) issue rules to carry out this subsection.
(11)
(f)
(1) conduct inspections, investigations, audits, examinations, and testing of the equipment, facilities, rolling stock, and operations of the public transportation system of a recipient;
(2) make reports and issue directives with respect to the safety of the public transportation system of a recipient or the public transportation industry generally;
(3) in conjunction with an accident investigation or an investigation into a pattern or practice of conduct that negatively affects public safety, issue a subpoena to, and take the deposition of, any employee of a recipient or a State safety oversight agency, if—
(A) before the issuance of the subpoena, the Secretary requests a determination by the Attorney General of the United States as to whether the subpoena will interfere with an ongoing criminal investigation; and
(B) the Attorney General—
(i) determines that the subpoena will not interfere with an ongoing criminal investigation; or
(ii) fails to make a determination under clause (i) before the date that is 30 days after the date on which the Secretary makes a request under subparagraph (A);
(4) require the production of documents by, and prescribe recordkeeping and reporting requirements for, a recipient or a State safety oversight agency;
(5) investigate public transportation accidents and incidents and provide guidance to recipients regarding prevention of accidents and incidents;
(6) at reasonable times and in a reasonable manner, enter and inspect equipment, facilities, rolling stock, operations, and relevant records of the public transportation system of a recipient; and
(7) issue rules to carry out this section.
(g)
(1)
(A) issuing directives;
(B) requiring more frequent oversight of the recipient by a State safety oversight agency or the Secretary;
(C) imposing more frequent reporting requirements;
(D) requiring that any Federal financial assistance provided under this chapter be spent on correcting safety deficiencies identified by the Secretary or the State safety oversight agency before such funds are spent on other projects; and
(E) withholding not more than 25 percent of financial assistance under section 5307.
(2)
(A)
(B)
(i) written notice of a violation and the amount proposed to be withheld; and
(ii) a reasonable period of time within which the recipient may address the violation or propose and initiate an alternative means of compliance that the Secretary determines is acceptable.
(h)
(1)
(2)
(3)
(i)
(j)
(1)
(A) a Federal standard of care established by a regulation or order issued by the Secretary under this section; or
(B) its own program, rule, or standard that it created pursuant to a rule or order issued by the Secretary.
(2)
(3)
(k)
(1)
(A)
(B)
(2)
(A)
(B)
(3)
(A) the State safety oversight program standard adopted by a State safety oversight agency under section 674.27 of title 49, Code of Federal Regulations (or any successor regulation); and
(B) the public transportation agency safety plan established by a rail fixed guideway public transportation agency under subsection (d).
(4)
(A) the inspection practices of the State safety oversight agency are commensurate with the number, size, and complexity of the rail fixed guideway public transportation systems that the State safety oversight agency oversees;
(B) the inspection program of the State safety oversight agency is risk-based; and
(C) the State safety oversight agency has sufficient resources to conduct the inspections.
(5)
(6)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 830; Pub. L. 109–59, title III, §3028(a), Aug. 10, 2005, 119 Stat. 1624; Pub. L. 112–141, div. B, §20021(a), July 6, 2012, 126 Stat. 709; Pub. L. 114–94, div. A, title III, §3013, Dec. 4, 2015, 129 Stat. 1476; Pub. L. 117–58, div. C, §30012(a), Nov. 15, 2021, 135 Stat. 904.)
Amendment of section by section 30012(a)(5) of div. C of Pub. L. 117—58 applicable with respect to a State safety oversight agency on and after the date that is 2 years after the date on which the Secretary of Transportation issues the special directive to the State safety oversight agency under subsec. (k)(5) of this section. See 2021 Amendment note below.
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5329(a) | 49 App.:1618(a). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §22(a); added Jan. 6, 1983, Pub. L. 97–424, §318(b), 96 Stat. 2154; Dec. 18, 1991, Pub. L. 102–240, §3026(1), 105 Stat. 2114. |
5329(b) | 49 App.:1618(b). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §22(b); added Dec. 18, 1991, Pub. L. 102–240, §3026(2), 105 Stat. 2114. |
In subsection (a), the words "manner of" are omitted as surplus. The word "how" is substituted for "the means which might best be employed" to eliminate unnecessary words. The words "or eliminating" and "from the local public body" are omitted as surplus. The words "a plan is approved and carried out" are substituted for "he approves such plan and the local public body implements such plan" to eliminate unnecessary words.
In subsection (b)(1) and (2), the words "a description of" are added for clarity.
Section 3020 of the Federal Public Transportation Act of 2015, referred to in subsec. (b)(2)(D)(ii)(IV), is section 3020 of Pub. L. 114–94, Dec. 4, 2015, 129 Stat. 1491, which is not classified to the Code.
The date of enactment of the Federal Public Transportation Act of 2012, referred to in subsecs. (d)(2), (3)(B), (e)(7)(A), (j)(2), and (k), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways.
2021—Subsec. (b)(2)(A). Pub. L. 117–58, §30012(a)(1)(A)(i), inserted ", or, in the case of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more, safety performance measures, including measures related to the risk reduction program under subsection (d)(1)(I), for all modes of public transportation" after "public transportation".
Subsec. (b)(2)(C)(ii)(III). Pub. L. 117–58, §30012(a)(1)(A)(ii), added subcl. (III).
Subsec. (b)(2)(D) to (G). Pub. L. 117–58, §30012(a)(1)(A)(iii)–(vii), added subpars. (D) and (G), and redesignated former subpars. (D) and (E) as (E) and (F), respectively.
Subsec. (b)(3). Pub. L. 117–58, §30012(a)(1)(B), added par. (3).
Subsec. (c). Pub. L. 117–58, §30012(a)(2), struck out par. (1) designation and heading and par. (2). Prior to amendment, text of par. (2) read as follows: "Not later than 90 days after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall establish interim provisions for the certification and training of the personnel described in paragraph (1), which shall be in effect until the effective date of the final rule issued by the Secretary to implement this subsection."
Subsec. (d)(1). Pub. L. 117–58, §30012(a)(3)(A)(i), substituted "Each recipient" for "Effective 1 year after the effective date of a final rule issued by the Secretary to carry out this subsection, each recipient" in introductory provisions.
Subsec. (d)(1)(A). Pub. L. 117–58, §30012(a)(3)(A)(ii), inserted ", or, in the case of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more, the safety committee of the entity established under paragraph (5), followed by the board of directors (or equivalent entity) of the recipient approve," after "recipient approve".
Subsec. (d)(1)(B) to (H). Pub. L. 117–58, §30012(a)(3)(A)(iii)–(viii), added subpar. (B) and redesignated former subpars. (B) to (G) as (C) to (H), respectively; in subpar. (D), inserted ", and consistent with guidelines of the Centers for Disease Control and Prevention or a State health authority, minimize exposure to infectious diseases" before semicolon at end; added subpar. (F) and struck out former subpar. (F), which related to perforamce targets; and added subpars. (H) and (I) and struck out former subpar. (H), which related to comprehensive staff training programs.
Subsec. (d)(4), (5). Pub. L. 117–58, §30012(a)(3)(B), added pars. (4) and (5).
Subsec. (e)(4)(A)(v). Pub. L. 117–58, §30012(a)(4)(A), inserted ", inspection," after "investigative".
Subsec. (e)(11). Pub. L. 117–58, §30012(a)(4)(B), added par. (11).
Subsec. (k). Pub. L. 117–58, §30012(a)(5), added subsec. (k) and struck out former subsec. (k). Prior to amendment, text read as follows: "Not later than 3 years after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that—
"(1) analyzes public transportation safety trends among the States and documents the most effective safety programs implemented using grants under this section; and
"(2) describes the effect on public transportation safety of activities carried out using grants under this section."
2015—Subsec. (b)(2)(D), (E). Pub. L. 114–94, §3013(1), added subpar. (D) and redesignated former subpar. (D) as (E).
Subsec. (e)(8) to (10). Pub. L. 114–94, §3013(2), added par. (8) and redesignated former pars. (8) and (9) as (9) and (10), respectively.
Subsec. (f)(2). Pub. L. 114–94, §3013(3), which directed insertion of "or the public transportation industry generally" after "recipients", was executed by making the insertion after "recipient", to reflect the probable intent of Congress.
Subsec. (g)(1). Pub. L. 114–94, §3013(4)(A), substituted "a recipient" for "an eligible State, as defined in subsection (e)," in introductory provisions.
Subsec. (g)(1)(E). Pub. L. 114–94, §3013(4)(B)–(D), added subpar. (E).
Subsec. (g)(2)(A). Pub. L. 114–94, §3013(5), inserted "or withhold funds" after "use of funds" and "or (1)(E)" after "paragraph (1)(D)".
Subsec. (h). Pub. L. 114–94, §3013(6), added subsec. (h) and struck out former subsec. (h), which related to cost-benefit analysis.
2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to investigations of safety hazards and security risks.
2005—Pub. L. 109–59 amended section catchline and text generally, substituting provisions relating to investigations of safety hazards and security risks for provisions relating to investigation of safety hazards.
Pub. L. 117–58, div. C, §30012(b)(2), Nov. 15, 2021, 135 Stat. 909, provided that: "Section 5329(k) of title 49, United States Code (as amended by subsection (a)), shall apply with respect to a State safety oversight agency on and after the date that is 2 years after the date on which the Secretary of Transportation issues the special directive to the State safety oversight agency under paragraph (5) of that section 5329(k)."
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Pub. L. 117–58, div. C, §30012(b)(1), Nov. 15, 2021, 135 Stat. 909, provided that: "Not later than 1 year after the date of enactment of this Act [Nov. 15, 2021], the Secretary of Transportation shall issue each special directive required under section 5329(k)(5) of title 49, United States Code (as added by subsection (a))."
Pub. L. 117–58, div. C, §30012(c), Nov. 15, 2021, 135 Stat. 909, provided that: "Nothing in this section [amending this section and enacting provisions set out as a note under this section] or the amendments made by this section affects the requirements for initial approval of a State safety oversight program, including the initial deadline, under section 5329(e)(3) of title 49, United States Code."
Pub. L. 114–94, div. A, title III, §3022, Dec. 4, 2015, 129 Stat. 1493, provided that:
"(a)
"(b)
"(1) different safety needs of drivers of different modes;
"(2) differences in operating environments;
"(3) the use of technology to mitigate driver assault risks;
"(4) existing experience, from both agencies and operators that already are using or testing driver assault mitigation infrastructure; and
"(5) the impact of the rule on future rolling stock procurements and vehicles currently in revenue service.
"(c)