SECTION 1: Ch. Trans 10 is created to read: Trans 10.01 Purpose and scope.
(1) STATUTORY AUTHORITY. This chapter interprets and implements s. 85.066(2), Stats., and establishes the administrative policies and procedures for the transit safety oversight program for rail fixed guideway transportation systems in the state. (2) APPLICABILITY. This chapter applies to the department and any person that owns or operates rail fixed guideway transportation systems in the state.
Trans 10.02 Policy.
(1) As authorized by s. 85.066(2), Stats., and in accordance with 49 U.S.C. § 5330 49 U.S.C. § 5329(e), 49 CFR Part 659, until rescinded, 49 CFR Part 674, and this chapter, the department shall develop and administer the transit safety oversight program for the purpose of overseeing the safety of rail fixed guideway transportation systems within the state. (2) The department shall oversee, enforce, investigate, and audit all safety aspects of all rail fixed guideway transportation systems in the state in accordance with the program standard established under this chapter and applicable federal and state law.
(3) The department shall have sufficient authority, resources, and qualified personnel to oversee the number, size, and complexity of rail fixed guideway transportation systems that operate within the state in accordance with this chapter.
Trans 10.03 Definitions.
In this chapter:
(1) “Agency safety plan” means the document or documents describing an RTA’s safety policies, objectives, responsibilities, and procedures.
(2) “CAP” means corrective action plan.
(3) “Department” means the Wisconsin department of transportation.
(4) “FTA” means the federal transit administration, an agency within the United States department of transportation.
(5) “National public transportation safety plan” means the federal plan to improve the safety of all public transportation systems that receive federal financial assistance under 49 U.S.C. Chapter 53. (6) “Person" means any natural person, partnership, corporation, business entity, or governmental body.
(7) “Public transportation safety certification training program” means either the certification training program for federal and state employees, or other designated personnel, who conduct safety audits and examinations of public transportation systems, and employees of public transportation agencies directly responsible for safety oversight, established through interim provisions in accordance with 49 U.S.C. § 5329(c)(2), or the program authorized by 49 U.S.C. § 5329(c)(1).
(8) “Rail fixed guideway public transportation system” means any fixed guideway system, whether in engineering, construction, or revenue operation, that uses rail, is operated for public transportation, is within the jurisdiction of the state, and is not subject to the jurisdiction of the federal railroad administration.
(9) “Rail fixed guideway transportation system” has the meaning given in s. 85.066(1), Stats., and refers to the same systems as “rail fixed guideway public transportation system” in Trans 10.02(6). (10) “RTA” means rail transit agency, and is any person that provides services on a rail fixed guideway transportation system.
(11) “SSO” means state safety oversight of rail fixed guideway transportation systems.
(12) “SSPP” means system safety program plan, the agency safety plan developed and adopted by an RTA as required under 49 CFR Part 659. Trans 10.04 Transit safety oversight program.
(1) DESIGNATION OF OVERSIGHT AGENCY. The department is the designated SSO agency for the state, and shall develop and administer the transit safety oversight program for rail fixed guideway transportation systems in the state.
(2) REQUIREMENTS OF OVERSIGHT AGENCY. Unless relieved of such requirement by FTA waiver, the department shall ensure that:
(a) The department shall be financially and legally independent from any public transportation agency under the department’s oversight under this chapter.
1. The department shall prohibit any public transportation agency in the state from providing funds to the department.
2. The department may not directly provide public transportation services in an area with a rail fixed guideway transportation system under the department’s oversight.
(b) The department shall have the ability to determine the appropriate staffing level, commensurate with the number, size, and complexity of the rail fixed guideway transportation systems in the state.
(c) The department may not employ any individual who:
1. Is also responsible for administering a rail fixed guideway transportation system under the department’s oversight.
2. Provides services to a rail fixed guideway transportation system under the department’s oversight.
3. Is a contractor also providing services to a rail fixed guideway transportation system under the department’s oversight.
(d) The department shall determine whether employees and other personnel of the department responsible for the oversight of rail fixed guideway transportation systems are qualified to perform their functions by ensuring compliance with requirements of the public transportation safety certification training program, as applicable.
(3) AUTHORITY OF OVERSIGHT AGENCY. The department shall review, approve, oversee, and enforce an RTA’s safety plan for a rail fixed guideway transportation system under the department’s oversight.
(a) The department shall review and approve an RTA’s safety plan for every rail fixed guideway transportation system under the department’s oversight by ensuring that the agency safety plan meets federal requirements.
(b) The department shall oversee and enforce the execution of an agency safety plan by ordering a CAP or by any other means, as necessary or appropriate.
(c) At least once every three years, the department shall audit an RTA’s compliance with its agency safety plan.
(d) The department shall have investigative and enforcement authority with respect to the safety of all rail fixed guideway transportation systems under the department’s oversight.
(e) The department shall have the authority to enforce minimum standards for the safety of rail fixed guideway transportation systems under the department’s oversight.
(f) The department shall have the authority to conduct, or cause to be conducted, inspections, audits, and investigations for accidents, incidents, or occurrences on a rail fixed guideway transportation system under the department’s oversight.
Trans 10.05 SSO program standard.
The department shall adopt and distribute a written SSO program standard, consistent with the national public transportation safety plan. The SSO program standard shall identify the processes and procedures that govern the activities of the department, and identify the processes and procedures an RTA must have in place to comply with the program standard.
SECTION 2: EFFECTIVE DATE. This rule shall take effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats. (END OF RULE TEXT)
Signed this ____ day of ______________ 2017.
