NOTICE OF ENFORCEMENT DISCRETION
PUBLIC TRANSPORTATION AGENCY SAFETY PLAN REGULATION
U.S. DEPARTMENT OF TRANSPORTATIONFEDERAL TRANSIT ADMINISTRATIONOn July 19, 2018, the Federal Transit Administration (FTA) published the Public Transportation
Agency Safety Plan (PTASP) regulation, 49 CFR Part 673, as required by 49 U.S.C. § 5329(d).
The effective date of the regulation was July 19, 2019. The PTASP regulation implements arisk-based Safety Management System approach and requires recipients or subrecipients offinancial assistance under FTA’s Urbanized Area Formula Program (49 U.S.C. § Section 5307) 1
and rail transit agencies to establish and certify that they have an Agency Safety Plan in placethat meets statutory requirements no later than July 20, 2020, as required by 49 U.S.C. §5329(d)(1).
On January 31, 2020, the Secretary of Health and Human Services declared a public healthemergency under section 319 of the Public Health Service Act, and on March 13, 2020, thePresident issued a Proclamation on Declaring a National Emergency Concerning the NovelCoronavirus Disease 2019 (COVID-19). During the COVID-19 public health emergency, transitagencies are providing essential transportation services. While ridership has fallen drasticallyduring this emergency, transit agencies across the country are continuing to provide millions oftrips a day to lifeline services and carry healthcare and other essential workers to critical jobs.
Accordingly, Federal guidance includes transit workers on an advisory list of essential criticalinfrastructure workers. Cybersecurity and Infrastructure Security Agency, Memorandum on
Identification of Essential Critical Infrastructure Workers During COVI D-19 Response.
https://www.cisa.gov/publication/guidance-essential-critical-infrastructure-workforce.
The FTA acknowledges that current and anticipated disruptions to transit agencies due to theextraordinary operational challenges presented by the COVID-19 public health emergency areseriously impacting their ability to meet the compliance and certification requirements of 49U.S.C. § 5329(d)(1) and 49 CFR Part 673 by July 20, 2020. This Notice is to advise FTA
recipients and subrecipients subject to the PTASP regulation that until December 31, 2020, FTA
will refrain from taking enforcement action pursuant to 49 U.S.C. § 5329(g) and the FTA Master
Agreement (26) (October 1, 2019) if those FTA recipients and subrecipients are unable to certifythat they have established a compliant Agency Safety Plan.
This Notice will remain in effect until December 31, 2020. Notwithstanding this Notice’s exercise
of enforcement discretion, FTA expects affected recipients and subrecipients to continue to work
1

FTA has deferred applicability of the PTASP regulation to recipients and subrecipients that only receive funding
under the Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Formula program(5310) and the Rural Area Formula program (5311). In addition, the PTASP regulation does not apply to recipientsand subrecipients that are subject to the safety jurisdiction of another Federal agency, including commuter rail
operators and ferry operators. Accordingly, the aforementioned recipients and subrecipients were not required tocomply with the PTASP regulation by July 20, 2020.

toward meeting the July 20, 2020, effective date to the extent practical under the current
circumstances caused by the COVID-19 public health emergency.
This document is a temporary notice of enforcement discretion. Regulated entities may rely on thisnotice as a safeguard from departmental enforcement as described herein. To the extent this noticeincludes guidance on how regulated entities may comply with existing regulations, it does not havethe force and effect of law and is not meant to bind the regulated entities in any way. Issued
4/22/20 2020, in Washington D.C.
April_________

Digitally signed by KIMBERLYKIMBERLY
JANE WILLIAMS
2020.04.22 17:17:17
JANE WILLIAMS Date:-04'00'_________________________________________
K. Jane Williams, Acting Administrator
Federal Transit Administration