WSR 18-10-009 PROPOSED RULES DEPARTMENT OF TRANSPORTATION [Filed April 20, 2018, 11:43 a.m.] Original Notice. Preproposal statement of inquiry was filed as WSR 18-06-063. Title of Rule and Other Identifying Information: Chapter 468-550 WAC, safety oversight of rail fixed guideway public transportation systems. Hearing Location(s): On June 11, 2018, at 9:00 a.m., at the Department of Transportation (WSDOT), 310 Maple Park Avenue S.E., Nisqually Conference Room, 1D, Olympia, WA 98501. Please sign in at the reception desk. Date of Intended Adoption: June 11, 2018. Submit Written Comments to: Michael Flood, 401 2nd Avenue South, Suite 300, Seattle, WA 98104-3850, email FloodM@wsdot.wa.gov, fax 206-464-1286, by June 7, 2018. Assistance for Persons with Disabilities: Contact Karen Engle, phone 360-704-6362, fax 360-704-6367, TTY 711, email EngleKa@wsdot.wa.gov, by June 7, 2018. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To revise chapter 468-550 WAC, Safety oversight of rail fixed guideway system rules, to meet the new federal requirements identified in 49 U.S.C. § 5329 Public Transportation Safety Program and further identified in 49 C.F.R. Part 674 State Safety Oversight.
The new federal provisions require the Federal Transit Administration (FTA) to establish a comprehensive public transportation safety program, the elements of which include a national public transportation safety plan; a training and certification program for federal, state, and local transportation agency employees with safety responsibilities; public transportation agency safety plans; and a strengthened state safety oversight (SSO) program consisting of elements at both the state and rail transit agency level.
These new federal provisions further require WSDOT SSO program to assume greater responsibility for overseeing the safety of rail fixed guideway systems in Washington state, and require FTA to review and certify WSDOT SSO program as meeting the statutory criteria set forth in the new provisions. This rule making would update the regulations for SSO of rail fixed guideway public transportation systems in place for the past twenty years, and significantly strengthen the program to prevent and mitigate accidents and incidents for rail fixed guideway systems in the state of Washington. Reasons Supporting Proposal: FTA has adopted the rule 49 C.F.R. Part 674 for SSO of rail fixed guideway public transportation systems. Section 674.25 states that an 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. Statutory Authority for Adoption: RCW 81.104.115 Rail fixed guideway public transportation systems. Statute Being Implemented: 49 U.S.C. § 5329 (d), (e) and RCW 81.104.115 (1)(d). Rule is necessary because of federal law, C.F.R. 49 Part 674. Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: 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. Name of Proponent: WSDOT, governmental. Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Michael Flood, Seattle, Washington, 206-464-1291. A school district fiscal impact statement is not required under RCW 28A.305.135. A cost-benefit analysis is not required under RCW 34.05.328. This rule making will have minimal or no economic impact to small business in Washington state. This was determined by the fact that this rule affects only four entities in Washington state, all of which are government or quasi-government entities that provide public transportation and more specifically provide rail fixed guideway public transportation. Therefore, as defined in RCW 19.85.025(4) the requirements do not apply to the rule-making process for chapter 468-550 WAC, safety oversight of rail fixed guideway public transportation systems. This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 19.85.061 because this rule making is being adopted solely to conform and/or comply with federal statute or regulations. Citation of the specific federal statute or regulation and description of the consequences to the state if the rule is not adopted: 49 U.S.C. § 5329(d) and 49 C.F.R. Part 674. Is exempt under RCW 19.85.025(4). Explanation of exemptions: This rule making will have minimal or no economic impact to small business in Washington state. This was determined by the fact that this rule affects only four entities in Washington state, all of which are government or quasi-government entities that provide public transportation and more specifically provide rail fixed guideway public transportation. Therefore, as defined in RCW 19.85.025(4) the requirements do not apply to the rule-making process for chapter 468-550 WAC, safety oversight of rail fixed guideway public transportation systems. April 18, 2018 Kara Larsen, Director Risk Management
and Legal Services
AMENDATORY SECTION (Amending WSR 08-15-078, filed 7/15/08, effective 8/15/08)
WAC 468-550-010 Purpose.
This chapter is adopted to comply with 49 C.F.R. Part ((659)) 674 and RCW 81.104.115, which requires the state of Washington to oversee the ((system)) agency safety program ((and the security and emergency preparedness plans)) of rail fixed guideway ((systems (RFGS) not regulated by the Federal Railroad Administration)) public transportation systems (RFGPTS) as defined in 49 C.F.R. Part 674.7. These rules prescribe the ((system)) safety ((and security)) criteria to be met by ((RFGS)) RFGPTS and are intended to improve the safety ((and security of RFGS)) of RFGPTS in Washington state. 49 C.F.R. Part 674.11c and Part 674.13a require the establishment of a state safety oversight agency (SSOA) in accordance with the requirements of 49 U.S.C. 5329c and 5329e(3)c. The Washington state department of transportation was designated in 1997 by Governor Gary Locke as the SSOA for the state of Washington. WSDOT's designation and authority as the SSOA is codified in RCW 81.104.115 and more recently in chapter 33, Laws of 2016 (Senate Bill 6358).
NEW SECTION
WAC 468-550-015 Effective date.
These rules are necessary to comply with C.F.R. Part 674 and take effect upon filing with the code reviser for emergency rule making per the requirements outlined in RCW 34.05.350.
AMENDATORY SECTION (Amending WSR 08-15-078, filed 7/15/08, effective 8/15/08)
WAC 468-550-020 Applicability.
These rules are applicable to all Washington state entities, public or private, which own, operate, or maintain ((RFGS that are not regulated by the Federal Railroad Administration)) RFGPTS as defined in 49 C.F.R. Part 674.7.
These rules apply to all owners of rail fixed guideway public transportation systems, as defined by ((RCW 81.104.015)) 49 C.F.R. Part 674, which are required by RCW 81.112.180, 35.21.228, 35A.21.300, 36.01.210, 36.57.120, 36.57A.170, ((or 81.112.180)) 81.104.015 to comply with the requirements of the Washington state department of transportation for the development and implementation of ((a system)) an agency safety program plan ((and a security and emergency preparedness plan)).
AMENDATORY SECTION (Amending WSR 08-15-078, filed 7/15/08, effective 8/15/08)
WAC 468-550-030 Definitions.
For the purposes of this chapter, the following definitions of terms shall apply unless the context clearly indicates otherwise:
(1) Accident((, reportable)) means ((any)) an event ((involving the operation of a RFGS along a revenue line segment, if as a result:
(a) An individual dies; or
(b) An individual suffers bodily injury and immediately receives medical treatment away from the scene of the accident; or
(c) A collision, derailment, or fire causes property damage in excess of $25,000.
(2) APTA Guidelines means the American Public Transit Association's "Manual for the Development of Rail Transit System Safety Program Plans."
(3) Chief executive officer means, but is not limited to, the mayor, county executive, or chair of the municipality, or corporate president of the public or private entity that owns, operates, or maintains a RFGS.
(4) Contractor means an entity that performs tasks required by this chapter on behalf of the department or a RFGS.
(5))) that involves any of the following: A report of a serious injury to a person; a collision involving a rail transit vehicle; a runaway train; an evacuation for life safety reasons; or any derailment of a rail transit vehicle, at any location, at any time, whatever the cause.
(2) Accountable executive means a single, identifiable person who has ultimate responsibility for carrying out the safety management system of a public transportation agency; responsibility for carrying out the agency's transit asset management plan; and control or direction over the human and capital resources needed to develop and maintain both the agency's public transportation agency safety plan in accordance with 49 U.S.C. 5329(d) and the agency's transit asset management plan in accordance with 49 U.S.C. 5326.
(3) Agency means any entity that provides rail fixed guideway public transportation services.
(4) Agency safety plan is a document developed and implemented for each rail fixed guideway system, which describes its safety policies, objectives, responsibilities, and procedures. The requirements for this plan are established by the Federal Transit Administration in C.F.R. 49 Part 674 and further by the Washington state rail safety oversight program standard.
(5) APTA guidelines means the American Public Transit Association's Manual for the Development of Rail Transit System Safety Program Plans.
(6) Collision means a vehicle/vessel accident in which there is an impact of a transit vehicle/vessel with:
• Another transit vehicle;
• A nontransit vehicle;
• A fixed object;
• A person(s) (suicide/attempted suicide included);
• An animal;
• A rail vehicle;
• A vessel;
• A dock.
(7) Contractor means an entity that performs tasks required by this chapter on behalf of the department or a RFGPTS.
(8) Department means the Washington state department of transportation, which has been designated as the state safety oversight agency.
(((6) Directional route mile means the mileage in each direction over which public transportation vehicles travel while in revenue service. Directional route miles are a measure of the route path over a facility or roadway and not the service carried on the facility. Directional route miles are computed with regard to direction of service, but without regard to the number of traffic lanes or rail tracks existing in the right of way. Directional route miles do not include staging or storage areas at the beginning or end of a route.
(7))) (9) Emergency means a situation which is life-threatening to passengers, employees, or others or which causes damage to any rail fixed guideway vehicle or facility or results in a significant ((theft)) loss of services which severely affects the ability of the system to fulfill its mission.
(((8))) (10) Evacuation (reportable) is a condition that occurs when persons depart from transit vehicles or facilities for life safety reasons, including self-evacuations for life safety reasons. Evacuations to a location that may put passengers or patrons in imminent danger (such as controlled rail right of way) must also be reported.
(11) Fatality means a death or suicide confirmed within thirty days of a reportable event. Excludes deaths in or on transit property that are a result of illness or other natural causes.
(12) FTA means the Federal Transit Administration, or its successors, an agency within the U.S. Department of Transportation.
(((9))) (13) Hazardous condition means a set of circumstances that if not identified and corrected has or will result in personal injury or property damage. It includes unacceptable hazardous conditions.
(((10))) (14) Incident means an event that involves any of the following: A personal injury that is not a serious injury; one or more injuries requiring medical transport; or damage to facilities, equipment, rolling stock, or infrastructure that disrupts the operations of a rail transit agency.
(15) Incident reporting thresholds are criteria established by Federal Transit Administration in C.F.R. 49 Part ((659)) 674 and further by the Washington state rail safety oversight program standard for determining which accidents/incidents require investigation.
(((11))) (16) Investigation means a procedure that the department or a ((RFGS)) RFGPTS utilizes to determine the cause of a reportable accident, hazardous condition, or security breach.
(((12))) (17) Major system enhancement means any modification to an existing RFGPTS that will significantly impact the operations and maintenance of the system, including opening new stations, system wide modification or replacement of equipment, expanded operations and maintenance facilities, or significant increases to system capacity.
(18) Medical attention means emergency care at a state-licensed general hospital, critical access hospital, or health clinic, or by a religious practitioner.
(((13) Plan means the system safety program plan and the security and emergency preparedness plan of rail fixed guideway systems not regulated by the Federal Railroad Administration adopted by the RFGS detailing its safety and security policies, objectives, responsibilities and procedures.
(14))) (19) Procedure means an established and documented method to perform a task.
(((15))) (20) Rail fixed guideway public transportation system or (("RFGS")) "RFGPTS" means ((a light, heavy, or rapid rail system, monorail, inclined plane, funicular, trolley, or other fixed rail guideway component of a high-capacity transportation system that is not regulated by the Federal Railroad Administration or its successor. "RFGS" does not include elevators, moving sidewalks or stairs, and vehicles suspended from aerial cables, unless they are an integral component of a station served by a rail fixed guideway system)) any fixed guideway system that uses rail, is operated for public transportation, is within the jurisdiction of a state, and is not regulated by the Federal Railroad Administration, or its successor. Rail fixed guideway public transportation system (or "RFGPTS") also means any such projects in engineering or construction phases. Rail fixed guideway public transportation systems include, but are not limited to, rapid rail, heavy rail, light rail, monorail, trolley, inclined plane, funicular, and automated guideway.
(((16))) (21) Rail transit agency (RTA) means any city, town, county, transportation authority, public transportation benefit area, regional transit authority, or other agency that owns a RFGPTS and bears ultimate accountability for it.
(22) Revenue line segment means that portion of a fixed guideway system upon, under, or through which a ((RFGS)) RFGPTS provides service available to the ((general)) public. It includes stations used by the system's passengers to enter or leave the ((RFGS's)) RFGPTS's conveyance.
(((17) Risk means the probability that a security breach will occur.
(18))) (23) Safety means freedom from danger.
(((19) Security and emergency preparedness plan or "SEPP" is a document developed and implemented for each rail fixed guideway system which describes its security policies, objectives, responsibilities, and procedures. This plan is a requirement of RCW 81.104.115 and meets the standards established by the Federal Transit Administration in C.F.R. 49 Part 659 and the Washington state rail safety oversight program.
(20) Seasonally means the provision of service available to the general public fewer than a total of one hundred eighty days within a twelve-month period. The provision of service any time on a calendar day is a day counted towards the threshold of one hundred eighty days.
(21))) (24) Security means freedom from intentional danger.
(((22))) (25) Security breach means an unforeseen event or occurrence that endangers life or property and may result in the loss of services or system equipment.
(((23) Service available to the general public does not include operations for a specific private function when a RFGS accepts hire, such as group charters, weddings, or other private events that are not available to the general public on a walk-in basis.
(24) Standard means the system safety and security program standard which is the standard developed and adopted by the department which complies with the requirements of C.F.R. 49 Part 659.
(25) System means a composite of people, property, environment, and procedures which are integrated to perform a specific operational function in a specific environment.
(26) System safety program plan or "SSPP" is a document developed and implemented for each rail fixed guideway system which describes its safety policies, objectives, responsibilities, and procedures. The requirements for this plan are established by the Federal Transit Administration in C.F.R. 49 Part 659 and further by the Washington state rail safety oversight program standard.
(27) Triennial safety and security audit means a formal, comprehensive, on-site examination by the department of a RFGS's safety and security procedures to determine whether it complies with the RFGS's policies and procedures as outlined in the RFGS's plan.
(28) Washington state rail safety oversight program is the program administered by the Washington state department of transportation to ensure compliance by rail fixed guideway systems with the Washington state rail safety oversight program standard.
(29))) (26) System expansion means any modification to an existing RFGPTS that will increase the distance over which trains can travel in passenger service, including line extensions or new lines.
(27) Washington state rail safety oversight program is the program administered by the Washington state department of transportation to ensure compliance by rail fixed guideway public transportation systems with the Washington state rail safety oversight program standard.
(28) Washington state rail safety oversight program standard is a document developed and adopted by the Washington state department of transportation that describes the policies, objectives, responsibilities, and procedures used to provide safety and security oversight of rail fixed guideway systems. This document is a requirement established by the Federal Transit Administration in C.F.R. 49 Part ((659)) 674.
(((30) Unacceptable hazard is a real or potential condition that may endanger human life or property that after an assessment of its severity and probability cannot remain and must be mitigated.
(31))) (29) Unacceptable hazardous condition means a hazardous condition classified by the rail transit agency as being unacceptable based on a hazardous resolution matrix or other evaluation methodology approved by the department.
AMENDATORY SECTION (Amending WSR 08-15-078, filed 7/15/08, effective 8/15/08)
WAC 468-550-040 Requirements for ((system safety program plan and security and emergency preparedness plans)) agency safety plans.
(((1) Each RFGS, except any that operate seasonally, shall prepare a system safety program plan and security and emergency preparedness plans. Such plans shall describe the RFGS's procedures for:
(a) Reporting and investigating reportable accidents and unacceptable hazardous conditions;
(b) Submitting corrective action plans and annual safety and security audit reports;
(c) Facilitating on-site safety and security reviews by the department; and
(d) Addressing passenger and employee security.
The plans and any revisions thereto shall, at a minimum, conform to the standard set forth in WAC 468-550-050, be approved by the RFGS's chief executive officer and submitted for departmental review, or within three months prior to beginning operations or instituting revisions to the plans. The RFGS shall not transmit the security portions of its security and emergency preparedness plan to the department. The RFGS shall notify the department of the location and availability of the security portions of its plan.
(2) Each RFGS shall implement and comply with the provisions of its plans and any revisions thereto. Further, should the RFGS change ownership or operating or maintenance providers, the RFGS shall require its successors, assigns, and contractors to continue to comply with the RFGS's established plans and shall notify the department of any change of ownership or operating or maintenance providers within thirty days of the effective date of transfer or contract.
(3) The security section of the security and emergency preparedness plan is exempt from public disclosure under chapter 42.56 RCW. Each RFGS may develop procedures to implement this subsection. Completed reports of reportable accidents and unacceptable hazardous conditions, corrective action plans, annual safety and security audit reports, published reviews of the department, published RFGS internal safety and security audits, and notifications of reportable accidents and unacceptable hazardous conditions are not subject to this exemption.
(4) Each RFGS that operates seasonally shall submit a system description and organization structure to the department within ninety days of commencing operations. Each RFGS shall update this submittal within thirty days after any changes to the system description or organizational structure occur.
(a) The system description shall identify the revenue line segments, revenue equipment, and all locations for embarking or debarking passengers.
(b) The organizational structure shall identify the decision-making structure for the RFGS, including any firm or organization contracted to undertake its seasonal operations.
(c) This submittal shall include safety contact information for the RFGS and any firm or organization contracted to undertake its seasonal operations.)) (1) Rail transit agencies must establish an agency safety plan that complies with the requirements set forth in the Washington state rail safety oversight program standard, which conforms to current federal regulations for agency safety plans. These requirements include the establishment of an agency safety policy, a safety and risk management program, a safety assurance program, and a safety promotion program.
(2) Agency safety plans must establish the agency procedures for the review and revision of the plan. The filing, submittal, review, and approval of agency safety plans must comply with the standard set forth in WAC 468-550-050.
(3) As described in WAC 468-550-060, agency safety plans are subject to reviews and audits from the Washington state rail safety oversight program and the Federal Transit Administration.
(4) Rail transit agencies must conduct internal audits of agency safety plans per the requirements of WAC 468-550-060.
(5) Agency safety plans must establish procedures for the notification, investigation, and reporting of accidents, incidents, and hazards in conformance with the requirements of WAC 468-550-070.
(6) Agency safety plan policy statements must be approved and signed by the agency's accountable executive. The policy statement must assign responsibility for carrying out the plan to the designated agency accountable executive.
(7) Each RFGPTS shall implement and comply with the provisions of its plans and any revisions thereto. Further, should the RFGPTS experience a change in ownership or a change in operating or maintenance providers, the RFGPTS shall require continued compliance with the RFGPTS's established plans and shall notify the department of any change of ownership or operating or maintenance providers within thirty days of the effective date of transfer or contract.
AMENDATORY SECTION (Amending WSR 08-15-078, filed 7/15/08, effective 8/15/08)
WAC 468-550-050 ((Department)) Procedures for ((reviewing, approving)) the submittal, review, approval, and filing ((rail fixed guideway system safety program plan and security and emergency preparedness plans and inspections)) of agency safety plans.
(((1)(a) The department shall review each RFGS system safety program plans, and all subsequent revisions, for compliance with these rules and the standard, using the system safety checklist which includes:
(b) The department shall provide written concurrence with the RFGS's system safety program plan or provide written comments to the RFGS specifying required changes. The RFGS shall revise its plan to incorporate the department's review comments, if any, within sixty days after receipt thereof, and resubmit its revised plan for review. After resolving issues arising in the review process, the department shall notify the RFGS of its concurrence with the plans. The plans and the department's concurrence shall be maintained by the department in a permanent file.
(2)(a) The department shall review RFGS's security and emergency preparedness plan, and all subsequent revisions, for compliance with these rules and the standard, using the WSDOT security and emergency preparedness checklist which includes:
(b) The department shall provide written concurrence with the RFGS's security and emergency preparedness plan or provide written comments to the RFGS specifying required changes. The RFGS shall revise its plan to incorporate the department's review comments, if any, within sixty days after receipt thereof, and resubmit its revised plan for review. After resolving issues arising in the review process, the department shall notify the RFGS of its concurrence with the plan. The plan and the department's concurrence shall be maintained by the department in a permanent file.)) (1) Agency safety plans must be submitted within three months prior to operations of a new RFGPTS, a system expansion, or a major system enhancement to an existing RFGPTS.
(2) Full compliance and approval of agency safety plans must be obtained in writing from WSDOT prior to commencing RFGPTS operations. The department and the RTA must accelerate review and revision timelines as necessary to ensure agency safety plan approval prior to the RFGPTS start of service date.
(3) The department must review and evaluate plans according to criteria set forth in the Washington state rail safety oversight program standard.
(4) Each calendar year, as part of its annual safety program report submittal, the transit agency must provide the department with documentation of its annual review of the agency's safety plan.
(5) The department shall provide written approval of the RFGPTS's agency safety plan or provide written comments to the RFGPTS specifying required changes. The RFGPTS shall revise its plan to incorporate the department's review comments, if any, within sixty days after receipt thereof, and resubmit its revised plan for review. After resolving issues arising in the review process, the department shall notify the RFGPTS of its concurrence with the plans. The plans and the department's concurrence shall be maintained by the department in a permanent file.
(6) The RFGPTS shall not transmit any security sensitive portions of its plans, as defined by 49 C.F.R. Part 1520. The RFGPTS shall notify the department of the location and availability of any security sensitive information.
(7) Each RFGPTS may develop procedures to implement this subsection. The Washington state rail safety oversight program standard may require these procedures to be included, summarized, or cited in the agency safety plan.
(8) Failure to comply with the requirements established in WAC 468-550-040, 468-550-050, 468-550-060, 468-550-070, and the Washington state rail safety oversight program standard may result in financial or other penalties. Financial or other penalties will be determined in accordance with WAC 468-550-080.
AMENDATORY SECTION (Amending WSR 08-15-078, filed 7/15/08, effective 8/15/08)
WAC 468-550-060 Annual ((and triennial)) internal safety ((and security)) audits and reports.
(1)(((a) Each RFGS)) Each RFGPTS shall perform scheduled internal safety ((and security)) audits to evaluate compliance with the Washington state rail safety oversight program standard, to identify hazardous and risk conditions, and ((measure the effectiveness of its plans. The RFGS)) to verify that it is fully implementing its safety program as described in its plans and procedures. The RFGPTS shall include its internal safety ((and security)) audit schedule for the ((next year with)) following year in the annual report as required ((in)) by WAC 468-550-070(5). These audits shall ((include, but are not limited to:
(i) Observing work practices and employee performance during system operations;
(ii) Sampling and inspecting selected system components to verify proper maintenance; and
(iii) Reviewing RFGS records for all phases of system operations, maintenance, and security.)) determine the level at which the agency has implemented the agency safety plan. Audits may include, but are not limited to, the observation of employees performing system operations and maintenance activities, employee rules compliance checks, the sampling and inspection of selected system components, interviews, and records reviews.
(2) The ((RFGS)) RFGPTS shall select a qualified person(s) or contractor to perform its internal audits and shall notify the department not later than ten days prior to performing the internal audits. The notification shall include date(s) of audit, what is to be audited, and the qualifications of those selected to perform the audit, such qualifications are subject to departmental concurrence and should describe what relevant experience and/or training qualifies the auditor(s) to conduct these audits. The department may assess the effectiveness of each ((RFGS)) RFGPTS audit program; however, any departmental review or concurrence shall not substitute for the ((RFGS's)) RFGPTS's own safety ((and security)) inspection audit programs, nor relieve the ((RFGS)) RFGPTS from its ((sole liability)) responsibility for the safety ((and security)) of its system.
(((b) Each RFGS, as a basis for its audit process, shall prepare, maintain, and make available for departmental review records that document the results of all tests, inspections, and audits conducted by the RFGS or its contractor in compliance with the plans. These records shall include, but are not limited to:
(i) Start up test records;
(ii) Drug and alcohol test records;
(iii) Training and certification records;
(iv) Operation performance evaluation records;
(v) Facility inspections;
(vi) Maintenance audits and inspections (all systems and facilities);
(vii) Rules and procedures review;
(viii) Emergency response planning, coordination, and training;
(ix) System modification review and approval process;
(x) Safety and security data acquisition and analysis;
(xi) Interdepartmental and interagency coordination;
(xii) Employee safety and security program;
(xiii) Hazardous materials program;
(xiv) Contractor safety coordination; and
(xv) Procurement records.
These records shall be maintained by the RFGS for a minimum of three years.
(2))) (3) Where the agency is not fully implementing its agency safety plan, or is not implementing its safety program in accordance with the agency safety plan, the agency must clearly identify deficiencies in its audit report, per the requirements of Washington state rail safety oversight program standard.
(4) Each RFGPTS shall prepare, maintain, and make available for departmental review, records that document the results of all tests, inspections, and audits conducted by the RFGPTS or its contractor in compliance with the plans. These records shall be maintained by the RFGPTS for a minimum of three years. Failure to provide the department with audit reports and associated records and documentation may result in financial or other penalties as described in WAC 468-550-080.
(5) Internal safety ((and security)) audits shall be documented in an annual report that includes the dates the audits were conducted, the scope of the audit activity, the audit findings and recommendations, the status of any corrective actions taken as a result of the audit activity and the results of each audit in terms of the adequacy and effectiveness of the plan. This annual report for the internal safety ((and security)) audits performed during the preceding year shall be included with the annual safety report ((required)) specified in WAC ((468-550-070(5))) 468-550-100.
(((3))) (6) The department ((shall audit each RFGS plan at least once every three years. The RFGS shall be given written notification at least thirty days in advance of the department's audit. The notification shall include a proposed schedule, planned scope, and list of activities to be reviewed for the audit. Each audit shall be preceded by an on-site, preaudit conference attended by the department's audit team, the RFGS's owner, and the RFGS staff in charge of the activities subject to audit. Each audit shall be conducted in accordance with an audit checklist. Checklists shall not restrict the department from performing additional investigations as it deems appropriate. The department shall use as a basis for its checklist the RFGS's plan and records which shall include, but are not limited to:
(a) The RFGS operating rule book, bulletins, and procedures;
(b) The RFGS maintenance manuals and procedures for vehicles, track and signals;
(c) The RFGS procedures for identifying, documenting, evaluating, and correcting hazards;
(d) The RFGS system design criteria and project engineering procedures for system modifications;
(e) The RFGS annual internal audit reports for the previous three years;
(f) The RFGS corrective action plans for reportable accidents and unacceptable hazardous conditions reported to the department during the previous three years;
(g) APTA audit reports;
(h) National Transportation Safety Board accident investigation reports, and any other agency peer review reports, if any, prepared during the previous three years and previously prepared department audit reports.
(4) Upon the department's completion of the triennial on-site audit, the audit team leader shall prepare a draft final audit report and submit it to the RFGS. The RFGS shall respond, in writing to the recommendations made in the draft final audit report, with a plan and schedule of corrective actions within thirty days of receipt thereof. An on-site, post audit conference shall be held following each departmental audit to review the results of the audit. Audit results that identify a deficiency that is not corrected before the post audit conference is held shall be documented in the final audit report. The final audit report shall contain the department audit team's findings and recommendations and the RFGS plan and schedule for corrective action. The final audit report shall also include the department audit team's evaluation of the effectiveness of the RFGS plan and a determination of whether the plan should be updated.
(5) The department shall summarize oversight activities for all RFGS performed during the preceding twelve months in a publicly available annual report and submit it to the FTA before March 15 of each year.
(6) Each RFGS that operates seasonally shall be exempt from the provisions of this section)) may conduct an independent investigation of the agency's audit program or of specific deficiencies and findings identified by the RFGPTS internal safety audits.
NEW SECTION
WAC 468-550-061 Triennial safety program audits conducted by the department.
(1) The department shall audit each RFGPTS's compliance with the agency safety plan at least once every three years in accordance with the requirements of the Washington state rail safety oversight program standard. The RFGPTS shall be given written notification of the audit scope and schedule at least thirty days in advance of the department's audit. Each audit shall be conducted in accordance with an audit checklist. Documentation which may be requested by the department as part of the audit includes, but is not limited to:
(a) The RFGPTS operating rule book, bulletins, and procedures;
(b) Operations and maintenance logs and records;
(c) The RFGPTS maintenance manuals and procedures for vehicles, facilities, track and signals;
(d) The RFGPTS procedures for identifying, documenting, evaluating, and correcting hazards;
(e) The RFGPTS system design criteria and project engineering procedures for system modifications;
(f) The RFGPTS annual internal audit reports for the previous three years;
(g) The RFGPTS corrective action plans for reportable accidents and unacceptable hazardous conditions reported to the department during the previous three years;
(h) APTA audit reports;
(i) National Transportation Safety Board accident investigation reports, Federal Transit Agency investigation or audit reports, or peer review reports, if any, prepared during the previous three years.
(2) Upon the department's completion of the on-site portion of the triennial safety program audit, the audit team leader shall issue a final audit report following the process established in the Washington state rail safety oversight program standard. The final audit report shall contain the department audit team's findings and recommendations. The final audit report shall also include the department audit team's evaluation of the RFGPTS agency safety plan's compliance with the Washington state rail safety oversight program standard and a determination of whether it should be updated. The RFGPTS must address all findings and recommendations identified in the final report by following the requirements set forth in the Washington state rail safety oversight program standard.
NEW SECTION
WAC 468-550-062 Additional external audits conducted on RFGPTS safety programs and plans.
(1) The RFGPTS must notify the department of the schedule and scope for all external audits and investigations which will include the review of the agency safety plan, safety programs, safety critical functions, safety certification, transit asset management plan or drug and alcohol program. These include, but are not limited to, audits and investigations to be conducted by the Federal Transit Administration, USDOT, DHS, NTSB, or OSHA. The RFGPTS must notify the department of the schedule and scope at least one week prior to the start of audit activities.
(2) The Federal Transit Administration conducts an audit of WSDOT's state safety oversight program once every three years. The RFGPTS will participate in these audits and provide relevant safety program documentation and records if requested by the Federal Transportation Administration or the department.
NEW SECTION
WAC 468-550-063 Audits conducted of department's state safety oversight program.
The RFGPTS will provide documentation if requested by auditors or by department personnel in support of external state or federal audits of the department's state safety oversight program. These include, but are not limited to, triennial reviews conducted by the FTA Transit Safety Oversight office of the department's SSO program compliance.
AMENDATORY SECTION (Amending WSR 08-15-078, filed 7/15/08, effective 8/15/08)
WAC 468-550-070 Notifying of, investigating, and reporting accidents and unacceptable hazardous conditions.
(1) Each ((RFGS)) RFGPTS shall notify the department ((by telephone, electronic mail or facsimile)) per the requirements set forth in the Washington state rail safety oversight program standard within two hours of the occurrence of any reportable accident((, or within twenty-four hours of the identification or discovery of any unacceptable hazardous condition. The department shall notify each RFGS of the person to notify and the telephone, electronic mail and facsimile numbers for notification. The notification shall include all of the following details:
(a) Name and title of the person making the notification;
(b) Time and date the notification is transmitted;
(c) Synopsis of what happened, such as, but not limited to: Collision with another RFGS revenue vehicle, derailment, collision with a motor vehicle, collision with a pedestrian, collision with a bicyclist, fire, bomb threat, or hostage-taking;
(d) Specific location of the accident or unacceptable hazardous condition;
(e) Time of the accident or discovery of the unacceptable hazardous condition;
(f) Identification of RFGS vehicle(s) and/or facility involved;
(g) Initial number of fatalities and/or individuals who suffered bodily injury and immediately received medical attention away from the scene of the accident; and
(h) Description of and preliminary value of property damage.
(2) The department has authority to perform separate, independent investigations of reportable accidents or unacceptable hazardous conditions at its own discretion.
(3) Each RFGS shall investigate all reportable accidents and unacceptable hazardous conditions. The RFGS may use its own staff or a contractor to conduct its investigation and shall designate a staff person to be responsible for submitting written investigation reports and findings to the department, on a department form, within forty five calendar days after the reportable accident or unacceptable hazardous condition was discovered. This report shall identify the causal factors contributing to the occurrence and contain a corrective action plan with an implementation schedule to prevent a recurrence of the accident, or to mitigate the unacceptable hazardous condition.
(4) The department shall review the RFGS investigation report, corrective action plan, and accompanying implementation schedule to ensure that it meets the goal of preventing and mitigating a recurrence of the reportable accident or unacceptable hazardous condition. In the event that the department does not concur with the findings of the RFGS investigation, the department shall confer with the RFGS of its preliminary review findings. The RFGS may amend its report to the department in writing, within ten calendar days after conferring with the department. If, after conferring with the RFGS, the department does not concur with the findings of the RFGS, the department shall notify the RFGS in writing of its review findings. The RFGS shall submit its response to the department's findings within forty-five calendar days of receipt thereof. Should the department and the RFGS disagree, the department will notify the FTA.
(5) Each RFGS shall submit an annual summary report to the department covering all reportable activities. The RFGS shall ensure delivery of the annual report to the department no later than February 1 after the year being reported)).
(2) Each RFGPTS shall notify the Federal Transit Administration (FTA) of reportable hazards, incidents, and accidents per the requirements of 49 C.F.R. 674.33.
(3) Each RFGPTS shall notify the department per the requirements set forth in the Washington state rail safety oversight program standard within two hours of the discovery of any unacceptable hazardous condition.
(4) Each RFGPTS shall notify the department of all other reportable hazards or incidents within the reporting timelines set forth in the Washington state rail safety oversight program standard.
(5) Each RFGPTS shall investigate all reportable accidents and unacceptable hazardous conditions. The RFGPTS may use its own staff or a contractor to conduct its investigation and shall designate a staff person to be responsible for submitting written investigation reports and findings to the department, on a department form, within forty-five calendar days after the reportable accident or unacceptable hazardous condition was discovered. This report shall identify the causal factors contributing to the occurrence and contain a corrective action plan with an implementation schedule to prevent a recurrence of the accident, or to mitigate the unacceptable hazardous condition.
(a) In the event that the RFGPTS does not have all of the data and analysis necessary to complete a final report, the RFGPTS must submit a draft within forty-five days that documents progress to date.
(b) Under no circumstance may the final report be submitted more than four months from the date of the incident.
(c) The department shall review the RFGPTS final investigation report, corrective action plan, and accompanying implementation schedule to ensure that it meets the goal of preventing and mitigating a recurrence of the reportable accident or unacceptable hazardous condition.
(d) In the event that the department does not concur with the findings of the RFGPTS investigation, the corrective action plan, or the implementation schedule, the department shall take the following actions:
(i) Within forty-five calendar days of receipt of the investigation report, confer with the RFGPTS about its preliminary review findings and explain what needs to be changed;
(ii) If the RFGPTS agrees with the department's recommendations, then the RFGPTS shall amend its report to the department in writing within ten calendar days. This then follows the normal WSDOT approval process;
(iii) If the RFGPTS does not agree with the department's recommendations, then it must submit its concerns and issues in writing within ten days to the department. The department shall submit the plan to the FTA transit safety oversight office for their review. The FTA shall make the final determination.
(6) The department has authority to perform separate, independent investigations of reportable accidents or unacceptable hazardous conditions at its own discretion.
(a) WSDOT at its discretion may choose to conduct an independent investigation of any accident meeting the thresholds specified in WSDOT SSO program standard utilizing its own personnel or an authorized contractor.
(b) WSDOT may initiate its own investigation at any time prior to adopting the RTA's accident investigation report. WSDOT will inform the RTA of its intention to conduct an independent investigation in advance of beginning investigation activities on RTA facilities and infrastructure or involving interviews with RTA personnel. WSDOT will advise the RTA of the personnel who will be conducting the independent investigation, and provide a preliminary schedule of the investigation process prior to the start of investigation activities.
(c) All WSDOT authorized accident investigation personnel, including consultants hired for the purpose of conducting an accident investigation, are granted authority under the state safety oversight program to do all things reasonable and necessary to conduct their investigation including, but not limited to, entering RTA facilities, accident scenes, and other relevant locations; examining the property, vehicles, and records of the RTA; interviewing RTA personnel; and evaluating records, materials, data, analysis, and other information which is pertinent to the investigation. It is expected that the RTA will provide the WSDOT investigation team the resources and information necessary to conduct the investigation in an effective and efficient fashion.
(7) All reportable accidents and hazards must be included in an annual safety program summary report to the department per WAC 468-550-100.
AMENDATORY SECTION (Amending WSR 08-15-078, filed 7/15/08, effective 8/15/08)
WAC 468-550-080 Notifying of and applying financial penalties.
(((1) The due dates for documentation required herein are specified in (a) through (e) of this subsection. The department shall provide a RFGS a written notification of the required due date no later than one month before the applicable due date.
(a) System safety program plan and security and emergency preparedness plan within three months prior to beginning operations;
(b) Internal safety and security audit schedule for the next year by February 1;
(c) Annual report for the internal safety and security audits performed during the preceding year by February 1;
(d) Annual summary report to the department covering all reportable occurrences by February 1;
(e) Written investigation reports and findings within forty-five calendar days after a reportable accident occurred, or unacceptable hazardous condition was discovered.
(2) If any RFGS notified by the department fails to deliver the required documentation by the due date specified in subsection (1) of this section, the department shall schedule a meeting with the director responsible for the RFGS's operations and maintenance to discuss the RFGS's progress in completing the documentation and the potential consequences of further delay. In scheduling this meeting, the department shall notify the RFGS's chief executive officer of the purpose of the meeting and its time and location. The department shall attempt to schedule the meeting within one week of the specified due date.
(a) The department may cancel this meeting if the department receives the required documentation prior to the scheduled meeting.
(b) The department may defer scheduling the meeting in the event of a catastrophic event affecting the RFGS and its ability to conduct routine business.
(c) The department shall document the results of the meeting in writing to the director responsible for the RFGS's operations and maintenance and the RFGS's chief executive officer within one week of the meeting.
(d) Should the department determine that there is no reasonable cause for any further delay by the RFGS for submission of its required documentation, the department shall notify the RFGS's chief executive officer of the applicable financial penalty, as defined in subsection (5) of this section.
(e) If the department receives no further communication from the RFGS within ten calendar days of the notification made in accord with (d) of this subsection, the department shall proceed to notify FTA of the RFGS's failure to supply the required documentation and to apply the appropriate financial penalty in accord with subsection (5) of this section.
(3) If any RFGS delivers incomplete documentation by the required due date, the department shall notify the RFGS of any deficiency within one week. The RFGS shall supplement its required documentation within one week after receiving the department's notification. If the RFGS fails to supplement its documentation adequately, the department shall proceed to schedule a meeting and follow the procedures in subsection (2) of this section.
(4) If any RFGS fails to implement a corrective action plan, according to the implementation schedule developed pursuant to WAC 468-550-070(4), to prevent a recurrence of an accident or to mitigate an unacceptable hazardous condition, the department shall schedule a meeting with the director responsible for the RFGS's operations and maintenance to discuss the RFGS's progress in completing the corrective action plan and the potential consequences of further delay.
(a) The department may cancel this meeting if the department receives the required documentation prior to the scheduled meeting.
(b) The department may defer scheduling the meeting in the event of a catastrophic event affecting the RFGS and its ability to conduct routine business.
(c) The department shall document the results of the meeting in writing to the director responsible for the RFGS's operations and maintenance within one week of the meeting.
(d) Should the department determine that there is no reasonable cause for a RFGS's failure to implement the corrective action plan, the department shall notify the RFGS's chief executive officer that the department intends to notify FTA of the RFGS's noncompliance.
(e) If the department receives no further communication from the RFGS within ten calendar days of the notification made in accord with (d) of this subsection, the department shall notify FTA of the RFGS's failure to implement a corrective action plan action.
(f) This subsection shall apply also to a corrective action plan upon which the department and the RFGS disagree. In this situation, the department shall use the corrective action plan and implementation schedule proposed by the RFGS.
(5) Any RFGS that fails to comply with the timelines as set forth in this chapter shall be assessed the financial penalties following:
(a) One thousand five hundred dollars for each calendar month two months prior to beginning operations, for failure to deliver to the department an acceptable system safety and security program plan;
(b) Five hundred dollars for each calendar month, beginning with February, for failure to deliver to the department an acceptable:
(i) Internal safety and security audit schedule for the next year;
(ii) Annual report for the internal safety and security audits performed during the preceding year; or
(iii) Annual summary report to the department covering all reportable occurrences; and
(c) One thousand dollars applied each thirty-day period, beginning the 90th day after a reportable accident occurred, or after an unacceptable hazardous condition was discovered for failure to deliver to the department an acceptable investigation report, corrective action plan, and accompanying implementation schedule.
(6) If FTA notifies the department that it will impose a financial penalty on the state of Washington as a consequence of a RFGS's failure to take appropriate action in a safety or security situation, the department shall:
(a) Notify that RFGS's chief executive officer that the department will impose all FTA financial penalties to that RFGS if the RFGS fails to take adequate action to bring itself into compliance to FTA's satisfaction. Said notice shall include a copy of FTA's written communication and an estimate of FTA's financial penalty.
(b) Recommend steps to the RFGS' chief executive officer that the RFGS should take to bring it into compliance with FTA requirements.
(7) Any RFGS notified by the department of its failure to take appropriate action in a safety or security situation shall take immediate and adequate action to bring itself into compliance to FTA's satisfaction and provide adequate documentation to the department of its corrective measures. The department shall provide that documentation to FTA.
(8) If any RFGS notified by the department of its failure to take appropriate action in a safety or security situation also fails to respond to the department and FTA imposes a financial penalty on the state of Washington as a consequence, the department shall apply the full amount of the financial penalty on the RFGS.
(9) In applying any financial penalty, the department shall take the following steps:
(a) Invoice the RFGS for the amount of financial penalty; the invoice shall identify:
(i) The documentation not received by the specified due date;
(ii) The number of calendar months or, for failure to deliver to the department an acceptable investigation report, corrective action plan, and accompanying implementation schedule, thirty-day periods past the specified due date;
(iii) The applicable financial penalty rate per calendar month or, for failure to deliver to the department an acceptable investigation report, corrective action plan, and accompanying implementation schedule, thirty-day periods; and
(iv) Where payment should be made.
(b) If a RFGS fails to remit the full amount of the imposed financial penalty within sixty days of when due, the department may seek judicial enforcement to recover full payment. Venue for any action hereunder shall be Thurston County.)) (1) If any RFGPTS fails to comply with any of the requirements or due dates specified in the Washington state rail safety oversight program standard, the department shall notify the RFGPTS in writing of such a violation. These violations will be designated by the department to be one or more findings of noncompliance.
(2) The RFGPTS will have fifteen calendar days to respond to this notification with:
(a) Documentation and records of corrective actions taken, for department review, that fully address the violations and findings of noncompliance; or
(b) Justification for its failure to comply or to provide the required records. The justification must include records of all supporting documentation, corrective actions taken, and all other mitigation plans proposed, planned or implemented with intent to address the violation.
(3) Within thirty days of receipt of the RFGPTS response, the department will review and issue one of the following determinations:
(a) Determination of compliance - Where the department determines that violations have been fully addressed and noncompliance findings can be closed.
(b) Determination of noncompliance with exception - Where the department determines that the RFGPTS has taken action to address violations and has a corrective action plan, acceptable in scope and schedule, in place to come into compliance.
(c) The department may establish a new deadline by which the corrective action plan addressing violations must be fully implemented. Failure by the RFGPTS to meet this new deadline may result in the issuance of a determination of noncompliance.
(d) Determination of noncompliance - Where the department determines that violations have not been adequately addressed by the RFGPTS and there is an absence of acceptable corrective actions taken and/or of acceptable scope and schedule of corrective actions to be taken.
(4) Where, the department issues a determination of noncompliance, the department may issue a second and final notification in writing that states a new deadline by which a financial penalty will be imposed if noncompliance findings cannot be addressed. The amount of the financial penalty will be stated in the written notification. If more than one finding of noncompliance exists, more than one financial penalty may be imposed. Financial penalties will be as follows:
(a) The department may issue a financial penalty of ten thousand dollars for each determination of noncompliance.
(b) Thirty days following the issuance of a financial penalty, the department will determine if the status of the violation remains in noncompliance status. This determination will be based on a review of all additional submittals and actions taken by the RFGPTS. If the status has not been changed to determination of compliance or determination of noncompliance with exception, the department may impose an additional financial penalty of ten thousand dollars per finding of noncompliance.
(c) Following each subsequent thirty-day period, the department will review all additional submittals and actions and impose an additional financial penalty of ten thousand dollars until the determination is reduced to either a finding of noncompliance with exception or a finding of compliance.
(d) If a RFGPTS fails to remit the full amount of the imposed financial penalty within sixty days of when due, the department may seek judicial enforcement to recover full payment. Venue for any action hereunder shall be Thurston County.
(5) Additionally, following any issuance by the department of a determination of noncompliance or of inadequate progress in addressing it, the department may require a meeting with the director responsible for the RFGPTS's operations and maintenance, or with the agency's chief executive, to discuss the RFGPTS's progress in completing the documentation and the potential consequences of delay.
AMENDATORY SECTION (Amending WSR 08-15-078, filed 7/15/08, effective 8/15/08)
WAC 468-550-090 ((Reimbursement for costs associated with the management of the rail safety oversight program.)) Suspension of service, modification of service, or the removal of equipment due to failure to mitigate to hazardous conditions.
(((1) Owners of rail fixed guideway systems shall reimburse WSDOT for costs incurred for its management of the Washington state rail safety oversight program. These reimbursable costs can be grouped as follows:
(a) Costs for conducting triennial safety and security audits.
(b) Costs for WSDOT staff and/or consultants to conduct investigations of incidents or unacceptable hazards, as necessary.
(c) Labor, administrative, and travel costs incurred by WSDOT for its administration of the Washington state rail safety oversight program. These include but are not limited to:
(i) Staff hours dedicated to the oversight of system safety program plan and security and emergency preparedness plan development and implementation.
(ii) Office support and supplies necessary to carry out this oversight.
(iii) Travel and labor costs associated with WSDOT's administration of the program including for the attendance at federal and state safety, security, and emergency preparedness conferences, workshops, meetings, and trainings which enhance WSDOT oversight of system safety program plan and security and emergency preparedness plan development and implementation.
(2) Triennial safety and security audits. Within ninety days after receipt of an invoice, each RFGS shall reimburse the reasonable expenses of the department in carrying out its responsibilities pursuant to WAC 468-550-060. The department shall notify the RFGS of the estimated expenses at least six months in advance of when the department audits the system.
(3) Investigations of incidents or unacceptable hazards. WSDOT at its discretion may choose to conduct an independent investigation of unacceptable hazards or incidents given that they meet the incident reporting thresholds established in the Washington state safety program standard. Costs associated with these investigations are to be reimbursed in full by the owners of the rail fixed guideway systems being investigated. This includes the cost of hiring consultants to conduct investigations, if determined necessary by WSDOT.
(4) Administrative costs. All other reimbursable costs of the Washington state rail safety oversight program are allocated to each rail fixed guideway system owner based on a formula. This formula allocates the total of all reimbursable costs for the management of the program to each rail fixed guideway system. The owners of the rail fixed guideway systems are responsible for the reimbursement of costs allocated to each rail fixed guideway system for which they own. The allocation of such reimbursable costs is determined as follows:
(a) Fifty percent of all reimbursable costs, except those for investigations of unacceptable hazards or incidents, are allocated in equal share among rail fixed guideway systems. This allocation of reimbursable costs is equal among rail fixed guideway systems, regardless of the number of passengers they carry or the length of their system. The amount of all such reimbursable costs is arrived at by dividing all such reimbursable costs by the number of RFGS, and then multiplying that result by fifty percent or (reimbursable costs/number of RFGS) x fifty percent.
(b) Fifty percent of all reimbursable costs, excluding those for investigations of unacceptable hazards or incidents, are allocated based on route mileage that is funded, obligated, and/or operational. These reimbursable costs are allocated to rail fixed guideway systems based on their share of the total directional route miles falling under the oversight of the Washington state rail safety oversight program. The owners of the rail fixed guideway systems are responsible for the reimbursement costs allocated to each rail fixed guideway system for which they own. The amount of all such reimbursable costs is arrived at by dividing the RFGS's route miles by total route miles, and then multiplying that result by the product of reimbursable costs multiplied by fifty percent or (RFGS route miles/total route miles) x (reimbursable costs x fifty percent).
(c) The total allocation of reimbursable costs to owners of rail fixed guideway systems is the total of the fifty percent of costs allocated based on an equal share allocation, and the fifty percent allocated based on directional route miles.
(d) WSDOT will provide monthly invoices to owners of rail fixed guideway systems for the reimbursement of costs described above.)) When a known unacceptable hazardous condition is not mitigated to an acceptable level by RFGPTS owners or operators, the department may require the suspension or modification of service or the suspended use or removal of equipment. The department may impose sanctions per WAC 468-550-080 upon owners or operators of RFGPTS for failure to meet deadlines of submissions of required reports and audits.
NEW SECTION
WAC 468-550-100 Safety program annual report.
(1) Per the requirements of the Washington state rail safety oversight program standard, the RFGPTS will prepare and submit to the department a safety program annual report which summarizes the agency's safety program activities during the most recent calendar year, including a summary of accidents, incidents, hazards, and internal safety program audits.
(2) The annual safety program annual report must be submitted to the department on or before February 15th of each year.
NEW SECTION
WAC 468-550-110 Special provisions for rail fixed guideway public transportation systems crossing state lines and operating in both Washington and a bordering state.
(1) When a RFGPTS crosses state lines and is operating in Washington and a bordering state, the department will comply with the requirements set forth in 49 C.F.R. Part 674.15 for the designation of an oversight agency for a multistate system. The department will coordinate with the neighboring state SSOA and either ensure that both Washington's SSOA and the bordering state's SSOA are implementing uniform safety standards and requirements upon the RFGPTS (674.15a) or that a single SSOA is designated as the SSOA (674.15b).
(2) Where a bordering state agency is serving as the single entity SSOA, the bordering state's program standard and other safety standards and procedures will be used for oversight of the RFGPTS, unless otherwise stated through agreement or law. The Washington state rail safety oversight program standard will continue to apply to all other RFGPTS within Washington not subject to the special provisions of this section.
(3) An agreement will be established with the bordering state to set coordination of oversight duties and reporting for the RFGPTS subject to the program standard of a bordering state. The agreement must address the allocation of costs between the two states.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||