[Code of Federal Regulations]
[Title 49, Volume 7]
[Revised as of October 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR659.15]

[Page 75-76]
 
                        TITLE 49--TRANSPORTATION
 
CHAPTER VI--FEDERAL TRANSIT ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 659_RAIL FIXED GUIDEWAY SYSTEMS; STATE SAFETY OVERSIGHT--Table of Contents
 
              Subpart C_Role of the State Oversight Agency
 
Sec.  659.15  System safety program standard.

    (a) General requirement. Each state oversight agency shall develop 
and distribute a program standard. The program standard is a compilation 
of processes and procedures that governs the conduct of the oversight 
program at the state oversight agency level, and provides guidance to 
the regulated rail transit properties concerning processes and 
procedures they must have in place to be in compliance with the state 
safety oversight program. The program standard and any referenced 
program procedures must be submitted to FTA as part of the initial 
submission. Subsequent revisions and updates must be submitted to FTA as 
part of the oversight agency's annual submission.
    (b) Contents. Each oversight agency shall develop a written program 
standard that meets the requirements specified in this part and 
includes, at a minimum, the areas identified in this section.
    (1) Program management section. This section shall include an 
explanation of the oversight agency's authority, policies, and roles and 
responsibilities for providing safety and security oversight of the rail 
transit agencies within its jurisdiction. This section shall provide an 
overview of planned activities to ensure on-going communication with 
each affected rail transit agency relating to safety and security 
information, as well as FTA reporting requirements, including initial, 
annual and periodic submissions.
    (2) Program standard development section. This section shall include 
a description of the oversight agency's process for the development, 
review, and adoption of the program standard, the modification and/or 
update of the program standard, and the process by which the program 
standard and any

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subsequent revisions are distributed to each affected rail transit 
agency.
    (3) Oversight of rail transit agency internal safety and security 
reviews. This section shall specify the role of the oversight agency in 
overseeing the rail transit agency internal safety and security review 
process. This includes a description of the process used by the 
oversight agency to receive rail transit agency checklists and 
procedures and approve the rail transit agency's annual reports on 
findings, which must be submitted under the signature of the rail 
transit agency's top management.
    (4) Oversight agency safety and security review section. This 
section shall lay out the process and criteria to be used at least every 
three years in conducting a complete review of each affected rail 
transit agency's implementation of its system safety program plan and 
system security plan. This section includes the process to be used by 
the affected rail transit agency and the oversight agency to manage 
findings and recommendations from this review. This also includes 
procedures for notifying the oversight agency before the rail transit 
agency conducts an internal review.
    (5) Accident notification section. This section shall include the 
specific requirements for the rail transit agency to notify the 
oversight agency of accidents. This section shall also include required 
timeframes, methods of notification, and the information to be submitted 
by the rail transit agency. Additional detail on this portion is 
included in Sec.  659.33 of this part.
    (6) Investigations section. This section contains the oversight 
agency identification of the thresholds for incidents that require an 
oversight agency investigation. The roles and responsibilities for 
conducting investigations shall include: coordination with the rail 
transit agency investigation process, the role of the oversight agency 
in supporting investigations and findings conducted by the NTSB, review 
and concurrence of investigation report findings, and procedures for 
protecting the confidentiality of investigation reports.
    (7) Corrective actions section. This section shall specify oversight 
agency criteria for the development of corrective action plan(s) and the 
process for the review and approval of a corrective action plan 
developed by the rail transit agency. This section shall also identify 
the oversight agency's policies for the verification and tracking of 
corrective action plan implementation, and its process for managing 
conflicts with the rail transit agency relating to investigation 
findings and corrective action plan development.
    (8) System safety program plan section. This section shall specify 
the minimum requirements to be contained in the rail transit agency's 
system safety program plan. The contents of the system safety plan are 
discussed in more detail in Sec.  659.19 of this part. This section 
shall also specify information to be included in the affected rail 
transit agency's system safety program plan relating to the hazard 
management process, including requirements for on-going communication 
and coordination relating to the identification, categorization, 
resolution, and reporting of hazards to the oversight agency. More 
details on the hazard management process are contained in Sec.  659.31 
of this part. This section shall also describe the process and timeframe 
through which the oversight agency must receive, review, and approve the 
rail transit agency system safety program plan.
    (9) System security plan section. This section shall specify the 
minimum requirements to be included in the rail transit agency's system 
security plan. More details about the system security plan are contained 
in Sec. Sec.  659.21 through 659.23 of this part. This section shall 
also describe the process by which the oversight agency will review and 
approve the rail transit agency system security program plan. This 
section also shall identify how the state will prevent the system 
security plan from public disclosure.