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FTA Final Rule Strengthens Rail Transit Safety
BY THOMAS LITTLETON
FTA Associate Administrator, Office of Transit Safety and Oversight
On April 15, the FTA State Safety Oversight Program final rule (SSO rule) officially came into effect, significantly strengthening state safety oversight and enforcement authority to prevent and mitigate accidents and incidents on public transit rail systems.
DOT Secretary Anthony Foxx accurately describes the rule as providing “state safety oversight watchdogs sharper teeth to help rail transit agencies keep their systems safe.”
The final rule requires that a state must ensure that its State Safety Oversight Agency (SSOA) adopts and enforces relevant federal and state safety laws, has investigatory authority and has appropriate financial and human resources for the number, size and complexity of the rail transit systems within its jurisdiction. Further, SSOA personnel responsible for safety oversight activities must have proper training and certification.
In addition, each affected state must ensure that its SSOA is legally and financially independent from the rail transit systems it oversees. To improve safety accountability, SSOAs must report the status of rail transit systems each year to the governor, FTA and the system’s board. Reports also will be made available to the public.
FTA will also approve and certify each state’s SSO program and may take enforcement action against those states with nonexistent or non-compliant SSO programs. Congress has authorized funds that affected states may use to meet these new obligations. Although states have until April 15, 2019 to implement an approved SSO program, FTA encourages states to act swiftly to provide a higher level of safety more quickly for their rail system riders and workers.
The SSO final rule is the first of four final rulemakings related to MAP-21, which directed FTA to establish a comprehensive public transportation safety program.
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