Proposed GO 164-D
Proposed GO 164-D sets forth rail transit agencies' (RTAs') specific responsibilities for developing and implementing safety and security plans as an integral part of the Commission's overall safety oversight program. For each RTA, these responsibilities include the preparation of a written system safety program plan (SSPP) and separate system security plan (Security Plan), the conduct of periodic internal safety reviews, and investigations of incidents concerning these matters. These responsibilities are required under 49 CFR Part 659.17 et seq., and much of the proposed GO 164-D closely tracks the language of related provisions of the new federal rule.1 The proposal, for the most part, is a consensus document developed by the Commission staff members responsible for safety oversight of RTAs (Staff), with the participation of California RTAs.2
Staff mailed an initial draft of the proposal to the RTAs on December 15, 2005, and then conducted individual meetings with the RTAs to review the proposal and answer questions concerning the new federal rule. Staff also posted the proposal on the Commission's public website to enable members of the public to comment on it. On April 27, 2006, Staff conducted a workshop on the draft in Los Angeles to develop the proposed rule. California RTAs participated in the workshop, upon the conclusion of which Staff and the RTAs reached agreement concerning the language of the proposed rule. Santa Clara Valley Transportation Authority (VTA) indicated that it had objections to certain features of the proposal.
Notice of the OIR was published in the Daily Calendar on October 18, 2006, and was served on the seven RTAs and other public transit guideway operators in California, as well as other interested persons. The OIR sought written comments or alternative recommendations on the proposed language. VTA filed comments in response to the OIR, and Staff filed a written rebuttal to those comments. This matter was submitted on January 30, 2007.
Proposed GO 164-D includes general provisions; definitions; and requirements for SSPPs; for Security Plans; for internal safety and security audits; for a hazard management process; for reporting accidents; for investigating accidents; and for corrective action plans. In addition to these provisions, which correspond to the subject matter of the new federal rule, the proposal includes requirements for at-grade rail crossings, a safety certification plan (SC Plan), and a safety certification verification report (SCVR), and procedures for obtaining formal Commission approval and for protesting, commenting upon, and appealing "initial Staff or Director determinations" relating to matters under these rules.
1 Proposed GO 164-D is reproduced in this decision as Appendix A.
2 One RTA, Santa Clara Valley Transportation Authority (VTA), objects to certain features of the proposal.
