CPSD/RWC/AGG/vdl Mailed 10/13/06
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Order Instituting Rulemaking to revise General Order 164- C. |
FILED PUBLIC UTILITIES COMMISSION OCTOBER 5, 2006 SAN FRANCISCO, CALIFORNIA RULEMAKING 06-10-004 |
ORDER INSTITUTING RULEMAKING
Revision of General Order 164-C
In Response to Revisions to
49 Code of Federal Regulations Part 659
Fixed Rail Guideway Systems
State Safety Oversight
Summary
By this order, the Commission institutes a rulemaking to revise Commission's General Order (GO) 164-C, Rules and Regulations Governing State Safety Oversight of Public Transit Guideway Systems. The Federal Transit Administration (FTA) revision to 49 Code of Federal Regulations (CFR) Part 659, Rail Fixed Guideway Systems; State Safety Oversight; dated April 29, 2005 (Final Rule) more clearly defines State Safety Oversight activities that are set forth in proposed GO 164-D.
Commission GO 164-C sets forth certain rules and regulations governing the safety of rail fixed guideway systems in California. GO 164-C currently includes provisions concerning System Safety Program Plans, Internal Safety Audits, Reporting and Investigating Accidents, Unacceptable Hazardous Conditions, Safety Certification Plans, and Safety Certification Verification Report Requirements.
The Commission staff (Staff) has proposed revisions to GO 164-C as set forth in the attached proposed GO 164-D which conform to the FTA's State Safety Oversight Final Rule. Staff and rail transit agencies (RTA) have agreed upon proposed GO 164-D except for confidentiality statements in Sections 3.3, 4.4, 8.3c, 8.3e, and 8.4.
Staff worked closely with the Rail Operations and Regulatory Committee (ROAR), a California Rail Transit Agency committee that represents the seven RTAs in California on regulatory matters, in drafting the language for Section 10, Requirements for At-Grade Rail Crossings. A working group of three ROAR and three Staff representatives was formed to draft Section 10. The working group had several electronic mail correspondences and met in person on May 30, 2006. The group was able to reach consensus on a final language, which is included in the proposed GO 164-D.
The Commission invites interested parties to submit written comments on the Staff proposal, or to submit alternative recommendations, for consideration by the Commission.
