WSR 18-06-063

PREPROPOSAL STATEMENT OF INQUIRY

[Filed March 5, 2018, 11:08 a.m.]

Subject of Possible Rule Making: Chapter 468-550 WAC, for safety oversight of rail fixed guideway public transportation systems.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 81.104.115(7) Rail fixed guideway public transportation system.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The Federal Transit Administration (FTA) has adopted the rule, 49 C.F.R. Part 674, for state safety oversight (SSO) of rail fixed guideway public transportation systems. Section 674.25 states that a[n] SSO agency must establish minimum standards for the safety of all rail fixed guideway public transportation systems within its oversight. These minimum standards must be consistent with the National Public Transportation Safety Plan, the public transportation safety certification training program, the rules for public transportation agency safety plans and all applicable federal and state law. Additionally, Washington state's SSO program must establish these rules in order to become certified by FTA to implement a Part 674 compliant oversight program.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: FTA.

Process for Developing New Rule: FTA issued a new rule, 49 C.F.R. Part 674 for state safety oversight of rail fixed guideway public transportation systems not regulated by the Federal Railroad Administration. The new rule requires revisions to chapter 468-550 WAC to meet the requirements outlined in 49 C.F.R. Part 674. This rule replaces the existing regulations for state safety oversight of rail fixed guideway public transportation systems in 49 C.F.R. Part 659 that have been in place for the past twenty years. This new rule significantly strengthens states' authorities to prevent and mitigate accidents and incidents on public transportation systems.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Michael Flood, 401 2nd Avenue South, Suite 300, Seattle, WA 98104, phone 206-464-1291, email FloodM@wsdot.wa.gov; or Steven Besaw, 401 2nd Avenue South, Suite 300, Seattle, WA 98104, phone 206-464-1271, email BesawSC@wsdot.wa.gov.

March 5, 2018

Streator Johnson

Administrative Risk Manager