81 FR 6372 - National Public Transportation Safety Plan

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration

Federal Register Volume 81, Issue 24 (February 5, 2016)

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.

[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]]


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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.

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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
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    \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.
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     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]
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