SECTION 7.83. Public Transportation Agency Safety Plan

(a) A transit agency, other than a small public transportation provider governed by Title 43, Chapter 31 of the Texas Administrative Code, 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 FTA's Public Transportation Safety Program and the National 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 rail transit agency must include or incorporate by reference in its public transportation agency safety plan an emergency preparedness and response plan or procedures that address, at a minimum, the assignment of employee responsibilities during an emergency and coordination with Federal, State, regional, and local officials with roles and responsibilities for emergency preparedness and response in the transit agency's service area.

(b) A transit agency may develop one public transportation agency safety plan for all modes of service or may develop a public transportation agency safety plan for each mode of service not subject to safety regulation by a federal entity other than the FTA.

(c) A transit agency must maintain its public transportation agency safety plan in accordance with the recordkeeping requirements in 49 C.F.R. Part 673, Subpart D, Safety Plan Documentation and Recordkeeping.

(d) Any rail fixed guideway public transportation system that had a system safety program plan compliant with 49 C.F.R. Part 659 on October 1, 2012, may keep that plan in effect until July 20, 2020.

Source Note: The provisions of this §7.83 adopted to be effective February 19, 2020, 45 TexReg 1041