81 FR 6372 - National Public Transportation Safety Plan
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration Federal Register Volume 81, Issue 24 (February 5, 2016)
Federal Transit Administration
Federal Register Volume 81, Issue 24 (February 5, 2016)
| Page Range | 6372-6373 | |
| FR Document | 2016-02010 |
[Federal Register Volume 81, Number 24 (Friday, February 5, 2016)] [Notices] [Pages 6372-6373] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-02010] Federal Register / Vol. 81 , No. 24 / Friday, February 5, 2016 / Notices [[Page 6372]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No. FTA-2015-0017] RIN 2132-ZA04 National Public Transportation Safety Plan AGENCY: Federal Transit Administration (FTA), DOT. ACTION: Notice of availability of proposed National Public Transportation Safety Plan; request for comments. ----------------------------------------------------------------------- SUMMARY: The Federal Transit Administration (FTA) invites public comment on a proposed National Public Transportation Safety Plan (National Safety Plan). FTA's proposed National Safety Plan is intended to guide the national effort in managing the safety risks within the Nation's public transportation systems. The direction and guidance set forth in the National Safety Plan is intended to guide FTA's partners within the transit industry towards improving an already excellent safety record. The proposed National Safety Plan has been placed in the docket and posted on the FTA Web site. If adopted, the National Safety Plan will be the primary communication tool for all of FTA's safety programs. DATES: Comments must be received on or before April 5, 2016. Any comments received beyond this deadline will be considered to the extent practicable. FTA will hold a series of public webinars to discuss the contents of the proposed National Public Transportation Safety Plan and respond to clarifying questions. Please check FTA's Web site at http://www.fta.dot.gov/calendar.html for further information regarding the dates and times of the webinars. In addition, FTA will hold a public listening session on March 16, 2016 at 9:30 a.m. during the APTA Legislative Conference, which is being held at the JW Marriot located at 1331 Pennsylvania Ave. NW., Washington, DC 20004. ADDRESSES: You may submit comments to DOT docket number FTA-2015-0017 by any of the following methods: Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for submitting comments. U.S. Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building, Room W12- 140, Washington, DC 20590-0001. Hand Delivery or Courier: U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building, Ground Floor, Room W12-140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Fax: 202-493-2251. Instructions: You must include the agency name (Federal Transit Administration) and docket number (FTA-2015-0017) for this notice at the beginning of your comments. You must submit two copies of your comments if you submit them by mail. If you wish to receive confirmation FTA received your comments, you must include a self- addressed, stamped postcard. Due to security procedures in effect since October 2001, mail received through the U.S. Postal Service may be subject to delays. Parties submitting comments may wish to consider using an express mail firm to ensure prompt filing of any submissions not filed electronically or by hand. All comments received will be posted, without change and including any personal information provided, to http://www.regulations.gov, where they will be available to internet users. You may review DOT's complete Privacy Act Statement published in the Federal Register on April 11, 2000, at 65 FR 19477. For access to the docket and to read background documents and comments received, go to http://regulations.gov at any time or to the U.S. Department of Transportation, 1200 New Jersey Avenue SE., Docket Management Facility, West Building Ground Floor, Room W12-140, Washington, DC 20590 between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: For program matters, Brian Alberts, Office of System Safety, (202) 366-1783 or [email protected]. For legal matters, Candace Key, Office of Chief Counsel, (202) 366-1936 or [email protected]. SUPPLEMENTARY INFORMATION: Pursuant to 49 U.S.C. 5329(b), FTA is obliged to create and carry out a National Public Transportation Safety Plan to improve the safety of all public transportation systems that receive Federal financial assistance under 49 U.S.C. Chapter 53. FTA seeks public comment on this first proposed National Safety Plan. The proposed National Safety Plan is available in its entirety on the agency's public Web site at http://www.fta.dot.gov, and in the docket at http://www.regulations.gov. Pursuant to 49 U.S.C. 5329(b), a National Safety Plan must include, at minimum, the following:Safety performance criteria for all modes of public transportation; The definition of the term ``state of good repair,'' established under a rulemaking to implement a National Transit Asset Management System pursuant to 49 U.S.C. 5326(b); Minimum safety performance standards for public transportation vehicles used in revenue operations that are not otherwise regulated by any other Federal agency, and that, to the extent practicable, take into account relevant recommendations of the National Transportation Safety Board and other industry best practices and standards; Minimum safety standards to ensure the safe operation of public transportation systems that are not related to vehicle performance standards; \1\ and --------------------------------------------------------------------------- \1\ The requirement for minimum standards for operations was authorized under the Fixing America's Surface Transportation Act (``FAST'') (Pub. L. 114-94 (2015)). The FAST Act supersedes MAP-21 and was signed into law by the President on December 4, 2015. --------------------------------------------------------------------------- A safety certification training program. The proposed National Safety Plan addresses each of the aforementioned statutory requirements. In addition, the proposed National Safety Plan would serve as FTA's primary tool for communicating with the transit industry about the industry's safety performance. The proposed National Safety Plan is organized into the following four chapters: Chapter I Introduction and Background: Chapter I explains the purpose for the Plan and introduces the state of safety performance in the public transportation industry. Chapter II Safety Management Systems: Chapter II provides a framework for applying SMS to transit agencies of any size or mode of public transportation. Chapter III Safety Performance Management for Public Transportation: Chapter III lays out FTA's strategic approach to safety performance. This chapter sets forth FTA's safety vision and mission, establishes safety performance criteria for all modes of public transportation, and presents performance measures designed to improve safety performance in day-to-day operations. This chapter also describes how FTA will collect and disseminate safety performance data, and based on that data, set national goals for improving the transit industry's safety performance. Chapter IV Managing Risk to Improve Public Transportation Safety Performance: Chapter IV provides information about the actions FTA has [[Page 6373]] taken to address safety risks within the public transportation industry, information on tools that transit providers can use to implement SMS in their agencies, information about other sources of technical assistance, and the public transportation safety certification training program. FTA expects to update the National Safety Plan, from time to time, in response to trends in risk management in the transit industry, emerging technologies, best practices, findings from research, and other industry developments. FTA will establish all future editions of the National Safety Plan through public notice-and-comment. FTA plans to base each edition of the National Safety Plan on the principles and methods of Safety Management Systems (SMS): A formal, top-down, organization-wide approach to managing safety risks and ensuring the effectiveness of a public transportation agency's safety risk mitigations. In his Dear Colleague letter dated May 13, 2013, the former Federal Transit Administrator, Peter Rogoff, described SMS as a flexible, performance-based regimen that will help a safe industry become even safer by fostering sound safety policy and culture at every transit system, whatever its size or mode of operation. See, http://www.fta.dot.gov/newsroom/12910_15391.html. In this issue of the Federal Register, FTA also is publishing a notice of proposed rulemaking (NPRM) for Public Transportation Agency Safety Plans. The NPRM would require operators of public transportation systems that receive Federal financial assistance under 49 U.S.C. chapter 53 to develop and implement Public Transportation Agency Safety Plans based on the Safety Management System approach. FTA seeks public comments on all aspects of the proposed rule, including information related to its benefits and costs, as well as alternative approaches that may be more cost-effective in satisfying the statutory requirements. Readers should please note that two key elements of the National Safety Plan--the definition of state of good repair, and the Public Transportation Safety Certification Training Program--are the subjects of rulemakings already underway. On October 3, 2013, FTA issued an Advance Notice of Proposed Rulemaking for transit asset management and several safety programs, at 78 FR 61251-72, which offered a number of alternative approaches for defining the term state of good repair. On February 27, 2015, FTA announced interim provisions for the Public Transportation Safety Certification Program, at 80 FR 10619-26. The interim provisions became effective in May. FTA published an NPRM for safety certification training on December 3, 2015. 80 FR 75639. The public comment period for the training certification NPRM closed on February 1, 2016, and FTA is now reviewing the comments. On September 30, 2015, FTA published a notice of proposed rulemaking for transit asset management. 80 FR 58912. FTA will publish a final rule for transit asset management in the coming months. FTA has addressed ANPRM comments received on the National Safety Plan in a separate document that we have posted in the docket. Two other key elements of the National Safety Plan--the minimum safety performance standards for public transportation vehicles used in revenue operations and minimum operational standards--may eventually be the subject of rulemaking. For the time being, however, FTA is proposing to establish voluntary vehicle performance standards and voluntary operational standards in this first iteration of the National Safety Plan. FTA seeks specific comment on the following questions related to the proposed standard: 1. Has your agency adopted any of the proposed voluntary standards? 2. What is the cost to your agency of implementing the proposed voluntary standards? 3. What other standards has your agency adopted? 4. In what other areas should FTA establish standards? Other elements of the National Safety Plan, including, specifically, the safety advisories, directives, and reports that FTA will issue, from time to time, need not be the subject of notice-and- comment, but the agency will include them in the National Safety Plan for the purpose of communicating with the transit industry and the public on matters of general interest in improving the safety of public transportation. After reviewing and responding to the comments received on this proposed National Public Transportation Safety Plan, FTA will issue a final National Safety Plan. Therese W. McMillan, Acting Federal Transit Administrator. [FR Doc. 2016-02010 Filed 2-4-16; 8:45 am] BILLING CODE P
![6372 Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Notices
DEPARTMENT OF TRANSPORTATION New Jersey Avenue SE., West Building, • Safety performance criteria for all
Ground Floor, Room W12–140, modes of public transportation;
Federal Transit Administration Washington, DC 20590, between 9 a.m. • The definition of the term ‘‘state of
[Docket No. FTA–2015–0017] and 5 p.m., Monday through Friday, good repair,’’ established under a
except Federal holidays. rulemaking to implement a National
RIN 2132–ZA04 Fax: 202–493–2251. Transit Asset Management System
Instructions: You must include the pursuant to 49 U.S.C. 5326(b);
National Public Transportation Safety • Minimum safety performance
Plan agency name (Federal Transit
Administration) and docket number standards for public transportation
AGENCY: Federal Transit Administration (FTA–2015–0017) for this notice at the vehicles used in revenue operations that
(FTA), DOT. beginning of your comments. You must are not otherwise regulated by any other
ACTION: Notice of availability of submit two copies of your comments if Federal agency, and that, to the extent
proposed National Public you submit them by mail. If you wish practicable, take into account relevant
Transportation Safety Plan; request for to receive confirmation FTA received recommendations of the National
comments. your comments, you must include a Transportation Safety Board and other
self-addressed, stamped postcard. Due industry best practices and standards;
SUMMARY: The Federal Transit • Minimum safety standards to
to security procedures in effect since
Administration (FTA) invites public ensure the safe operation of public
October 2001, mail received through the
comment on a proposed National Public transportation systems that are not
U.S. Postal Service may be subject to
Transportation Safety Plan (National related to vehicle performance
Safety Plan). FTA’s proposed National delays. Parties submitting comments
standards; 1 and
Safety Plan is intended to guide the may wish to consider using an express • A safety certification training
national effort in managing the safety mail firm to ensure prompt filing of any program.
risks within the Nation’s public submissions not filed electronically or The proposed National Safety Plan
transportation systems. The direction by hand. addresses each of the aforementioned
and guidance set forth in the National All comments received will be posted, statutory requirements. In addition, the
Safety Plan is intended to guide FTA’s without change and including any proposed National Safety Plan would
partners within the transit industry personal information provided, to serve as FTA’s primary tool for
towards improving an already excellent http://www.regulations.gov, where they communicating with the transit industry
safety record. will be available to internet users. You about the industry’s safety performance.
The proposed National Safety Plan may review DOT’s complete Privacy Act The proposed National Safety Plan is
has been placed in the docket and Statement published in the Federal organized into the following four
posted on the FTA Web site. If adopted, Register on April 11, 2000, at 65 FR chapters:
the National Safety Plan will be the 19477. For access to the docket and to Chapter I Introduction and
primary communication tool for all of read background documents and Background: Chapter I explains the
FTA’s safety programs. comments received, go to http:// purpose for the Plan and introduces the
DATES: Comments must be received on regulations.gov at any time or to the U.S. state of safety performance in the public
or before April 5, 2016. Any comments Department of Transportation, 1200 transportation industry.
received beyond this deadline will be New Jersey Avenue SE., Docket Chapter II Safety Management
considered to the extent practicable. Management Facility, West Building Systems: Chapter II provides a
FTA will hold a series of public Ground Floor, Room W12–140, framework for applying SMS to transit
webinars to discuss the contents of the Washington, DC 20590 between 9 a.m. agencies of any size or mode of public
proposed National Public and 5 p.m., Monday through Friday, transportation.
Transportation Safety Plan and respond except Federal holidays. Chapter III Safety Performance
to clarifying questions. Please check FOR FURTHER INFORMATION CONTACT: For
Management for Public Transportation:
FTA’s Web site at http:// program matters, Brian Alberts, Office of Chapter III lays out FTA’s strategic
www.fta.dot.gov/calendar.html for System Safety, (202) 366–1783 or approach to safety performance. This
further information regarding the dates Brian.Alberts@dot.gov. For legal chapter sets forth FTA’s safety vision
and times of the webinars. In addition, matters, Candace Key, Office of Chief and mission, establishes safety
FTA will hold a public listening session Counsel, (202) 366–1936 or performance criteria for all modes of
on March 16, 2016 at 9:30 a.m. during Candace.Key@dot.gov. public transportation, and presents
the APTA Legislative Conference, which performance measures designed to
is being held at the JW Marriot located SUPPLEMENTARY INFORMATION: Pursuant improve safety performance in day-to-
at 1331 Pennsylvania Ave. NW., to 49 U.S.C. 5329(b), FTA is obliged to day operations. This chapter also
Washington, DC 20004. create and carry out a National Public describes how FTA will collect and
ADDRESSES: You may submit comments
Transportation Safety Plan to improve disseminate safety performance data,
to DOT docket number FTA–2015–0017 the safety of all public transportation and based on that data, set national
by any of the following methods: systems that receive Federal financial goals for improving the transit
Federal eRulemaking Portal: Go to assistance under 49 U.S.C. Chapter 53. industry’s safety performance.
http://www.regulations.gov and follow FTA seeks public comment on this first Chapter IV Managing Risk to
the online instructions for submitting proposed National Safety Plan. The Improve Public Transportation Safety
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comments. proposed National Safety Plan is Performance: Chapter IV provides
U.S. Mail: Docket Management available in its entirety on the agency’s information about the actions FTA has
Facility, U.S. Department of public Web site at http://
Transportation, 1200 New Jersey www.fta.dot.gov, and in the docket at 1 The requirement for minimum standards for
Avenue SE., West Building, Room W12– http://www.regulations.gov. operations was authorized under the Fixing
America’s Surface Transportation Act (‘‘FAST’’)
140, Washington, DC 20590–0001. Pursuant to 49 U.S.C. 5329(b), a (Pub. L. 114–94 (2015)). The FAST Act supersedes
Hand Delivery or Courier: U.S. National Safety Plan must include, at MAP–21 and was signed into law by the President
Department of Transportation, 1200 minimum, the following: on December 4, 2015.
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![Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Notices 6373
taken to address safety risks within the and implement Public Transportation Two other key elements of the
public transportation industry, Agency Safety Plans based on the Safety National Safety Plan—the minimum
information on tools that transit Management System approach. FTA safety performance standards for public
providers can use to implement SMS in seeks public comments on all aspects of transportation vehicles used in revenue
their agencies, information about other the proposed rule, including operations and minimum operational
sources of technical assistance, and the information related to its benefits and standards—may eventually be the
public transportation safety certification costs, as well as alternative approaches subject of rulemaking. For the time
training program. that may be more cost-effective in being, however, FTA is proposing to
FTA expects to update the National satisfying the statutory requirements. establish voluntary vehicle performance
Safety Plan, from time to time, in standards and voluntary operational
Readers should please note that two
response to trends in risk management standards in this first iteration of the
key elements of the National Safety
in the transit industry, emerging National Safety Plan. FTA seeks specific
technologies, best practices, findings Plan—the definition of state of good
repair, and the Public Transportation comment on the following questions
from research, and other industry related to the proposed standard:
developments. FTA will establish all Safety Certification Training Program—
are the subjects of rulemakings already 1. Has your agency adopted any of the
future editions of the National Safety proposed voluntary standards?
Plan through public notice-and- underway. On October 3, 2013, FTA
issued an Advance Notice of Proposed 2. What is the cost to your agency of
comment. implementing the proposed voluntary
FTA plans to base each edition of the Rulemaking for transit asset standards?
National Safety Plan on the principles management and several safety 3. What other standards has your agency
and methods of Safety Management programs, at 78 FR 61251–72, which adopted?
Systems (SMS): A formal, top-down, offered a number of alternative 4. In what other areas should FTA establish
organization-wide approach to approaches for defining the term state of standards?
managing safety risks and ensuring the good repair. On February 27, 2015, FTA Other elements of the National Safety
effectiveness of a public transportation announced interim provisions for the Plan, including, specifically, the safety
agency’s safety risk mitigations. In his Public Transportation Safety advisories, directives, and reports that
Dear Colleague letter dated May 13, Certification Program, at 80 FR 10619– FTA will issue, from time to time, need
2013, the former Federal Transit 26. The interim provisions became not be the subject of notice-and-
Administrator, Peter Rogoff, described effective in May. FTA published an comment, but the agency will include
SMS as a flexible, performance-based NPRM for safety certification training on them in the National Safety Plan for the
regimen that will help a safe industry December 3, 2015. 80 FR 75639. The purpose of communicating with the
become even safer by fostering sound public comment period for the training transit industry and the public on
safety policy and culture at every transit certification NPRM closed on February matters of general interest in improving
system, whatever its size or mode of 1, 2016, and FTA is now reviewing the the safety of public transportation. After
operation. See, http://www.fta.dot.gov/ comments. On September 30, 2015, FTA reviewing and responding to the
newsroom/12910_15391.html. published a notice of proposed comments received on this proposed
In this issue of the Federal Register, rulemaking for transit asset National Public Transportation Safety
FTA also is publishing a notice of management. 80 FR 58912. FTA will Plan, FTA will issue a final National
proposed rulemaking (NPRM) for Public publish a final rule for transit asset Safety Plan.
Transportation Agency Safety Plans. management in the coming months.
The NPRM would require operators of FTA has addressed ANPRM comments Therese W. McMillan,
public transportation systems that received on the National Safety Plan in Acting Federal Transit Administrator.
receive Federal financial assistance a separate document that we have [FR Doc. 2016–02010 Filed 2–4–16; 8:45 am]
under 49 U.S.C. chapter 53 to develop posted in the docket. BILLING CODE P
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Document Created: 2016-02-05 00:17:04
Document Modified: 2016-02-05 00:17:04
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of availability of proposed National Public Transportation Safety Plan; request for comments. | |
| Dates | Comments must be received on or before April 5, 2016. Any comments received beyond this deadline will be considered to the extent practicable. | |
| Contact | For program matters, Brian Alberts, Office of System Safety, (202) 366-1783 or [email protected] For legal matters, Candace Key, Office of Chief Counsel, (202) 366-1936 or [email protected] | |
| FR Citation | 81 FR 6372 | |
| RIN Number | 2132-ZA04 |
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