Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 151.00 - Rail Fixed Guideway System: System Safety Program Standard › Section 151.02 - Definitions

Current through Register 1525, July 5, 2024
Accident
. An Event that involves any
		  of the following: a loss of life; 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. An accident must be reported in
		  accordance with the thresholds for notification and reporting set forth in 49
		  CFR Part 674, Appendix A and
		  220 CMR
		  151.09.
Accountable Executive
. A single,
		  identifiable individual who has ultimate responsibility for carrying out the
		  Public Transportation Safety Plan 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.
Administrator
. The Federal Transit
		  Administrator or the Administrator's designee.
Computation of Time
. Computation of
		  any period of time referred to in
		  220 CMR 151.00 shall begin
		  with the first business day following that on which the act that initiates such
		  period of time occurs. Saturdays, Sundays, and legal holidays shall be excluded
		  from the computation of any period of time referred to in
		  220 CMR 151.00.
Contractor
. An entity that performs
		  tasks required on behalf of FTA, the State Safety Oversight Agency, or a Rail
		  Transit Agency through contract or other agreement. The Rail Transit Agency may
		  not be a Contractor for the State Safety Oversight Agency.
Corrective Action Plan (CAP)
. A plan
		  developed by the Rail Transit Agency that describes the actions the Rail
		  Transit Agency will take to minimize, control, correct, or eliminate risks and
		  hazards, and the schedule for implementing those actions. The State Safety
		  Oversight Agency or FTA may require a Rail Transit Agency to develop and carry
		  out a corrective action plan.
Department
. The Department of Public
		  Utilities, Commonwealth of Massachusetts.
Derailment
. A non-collision Incident
		  in which one or more wheels of a transit vehicle unintentionally leaves the
		  rails.
Electronic Device
. Wireless or
		  portable electronic handheld equipment that may be hands-free or not. This
		  includes, but is not limited to, cellular phones, smartphones, two-way pagers,
		  portable internet devices, MP3 players, iPods, Bluetooth devices or any
		  headphones or earbuds of any type, and any other portable electronic
		  devices.
Event
. An Accident, Incident or
		  Occurrence.
FRA
. The Federal Railroad
		  Administration, an agency within the U.S. Department of Transportation.
FTA
. The Federal Transit
		  Administration, an agency within the U.S. Department of Transportation.
Hazard
. Any real or potential
		  condition that can cause injury, illness, or death; damage to or loss of the
		  facilities, equipment, rolling stock, or infrastructure of a rail fixed
		  guideway public transportation system; or damage to the environment.
Incident
. 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. An incident must be reported to FTA's National Transit Database in
		  accordance with the thresholds for reporting set forth in 49 CFR Part 674,
		  Appendix A.
Investigation
. The process of
		  determining the causal and contributing factors of an accident, incident, or
		  hazard, for the purposes of preventing recurrence and mitigating risk.
National Public Transportation Safety
		  Plan
. The plan to improve the safety of all public transportation
		  systems that receive Federal financial assistance under 49 U.S.C. c. 53.
NTSB
. The National Transportation
		  Safety Board, an independent Federal agency.
Occurrence
. An Event without any
		  personal injury in which any damage to facilities, equipment, rolling stock, or
		  infrastructure does not disrupt the operations of a rail transit agency.
Operator
. A Transportation Authority
		  Motorperson, Yard Motorperson and Streetcar Motorperson, whether working as a
		  Pilot or Trailer, who is on duty and on his or her train or streetcar.
Order
. A final decision of the
		  Department. The Transportation Authority may appeal an Order pursuant to
		  220 CMR
		  1.00:
Procedural Rules
.
Oversight Agency
. The entity, other
		  than the rail transit agency, designated by the state to implement 49 CFR Part
		  674.
Passenger
. A person who is on board,
		  boarding, or alighting from a rail transit vehicle for the purpose of
		  travel.
Passenger Operations
. The period of
		  time when any aspect of rail transit agency operations are initiated with the
		  intent to carry passengers.
Person
. A passenger, employee,
		  contractor, pedestrian, trespasser, or individual on the property of a rail
		  fixed guideway public transportation system.
Program Manager
. The single,
		  identifiable individual employed by the Department who has ultimate
		  responsibility for managing the State Safety Oversight Program.
Program Standard
. A written document
		  developed and approved by the State Safety Oversight Agency, that describes the
		  policies, objectives, responsibilities, and procedures used to provide rail
		  transit agency safety oversight.
Public Transportation Agency Safety Plan
		  (PTASP)
. The comprehensive agency safety plan for a transit
		  agency, including a Rail Transit Agency, that is required by
		  49 U.S.C.
		  5329(d) and based on a
		  Safety Management System. Until one year after the effective date of 49 CFR
		  Part 673,
Public Transportation Agency Safety Plans
, a System
		  Safety Program Plan (SSPP) developed pursuant to 49 CFR Part 659 will serve as
		  the rail transit agency's safety plan.
Public Transportation Safety Certification Training
		  Program
. Either the certification training program for Federal and
		  State employees, or other designated personnel, who conduct safety audits and
		  examinations of public transportation systems, and employees of public
		  transportation agencies directly responsible for safety oversight, established
		  through interim provisions in accordance with
		  49 U.S.C.
		  5329(c)(2), or the program
		  authorized by
		  49 U.S.C.
		  5329(c)(1).
Rail Fixed Guideway Public Transportation System
		  (RFGPTS)
. Any fixed guideway system that uses rail, is operated
		  for public transportation, is within the jurisdiction of a State, and is not
		  subject to the jurisdiction of the Federal Railroad Administration, or any such
		  system in engineering or construction. 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.
Rail Transit Agency (RTA)
. Any entity
		  that provides services on a rail fixed guideway public transportation
		  system.
Rail Transit-controlled Property
.
		  Property that is used by the rail transit agency and may be owned, leased, or
		  maintained by the rail transit agency.
Rail Transit Vehicle
. The rail transit
		  agency's rolling stock including, but not limited to, passenger and maintenance
		  vehicles.
Risk
. The composite of predicted
		  severity and likelihood of the potential effect of a hazard.
Risk Assessment Code
. The terminology,
		  reviewed and approved by the Department, used for the characterization of risk
		  such as high, serious, medium, or low based on hazard severity and probability
		  of occurrence.
Risk Assessment Matrix
. An indicator
		  of the correlation among the categories of:
(a) severity of conditions that may endanger human life or
		  property; and
(b) the patterns of frequency of the occurrence of the
		  hazardous condition.
The matrix, reviewed and approved by the State Safety Oversight
		  Agency, classifies the degree of risk, and also provides a guideline for
		  reporting of an occurrence and subsequent action for hazard resolution.
Risk Mitigation
. A method or methods
		  to eliminate or reduce the effects of hazards.
Safety
. Freedom from harm resulting
		  from unintentional acts or circumstances.
Safety Management Systems (SMS)
. A
		  formal, top-down, organization-wide, data-driven approach to managing safety
		  risks and assuring the effectiveness of safety risk mitigations. SMS includes
		  systematic procedures, practices, and policies for managing risks and
		  hazards.
Safety Risk Management
. A process
		  within a Rail Transit Agency's Safety Plan for identifying hazards and
		  analyzing, assessing, and mitigating safety risk.
Serious Injury
. Any injury
		  which:
(a) requires hospitalization for more than 48 hours, commencing
		  within seven days from the date that the injury was received;
(b) results in a fracture of any bone (except simple fractures
		  of fingers, toes, or nose);
(c) causes severe hemorrhages, nerve, muscle, or tendon
		  damage;
(d) involves any internal organ; or
(e) involves second- or third-degree burns, or any burns
		  affecting more than 5% of the body surface.
Standard Operating Guideline
		  Manual
. The policies and procedures established by the
		  State Safety Oversight Agency to implement the Program Standard.
State
. A State of the United States,
		  the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam,
		  American Samoa, and the Virgin Islands.
State Safety Oversight Agency (SSOA)
.
		  An agency established by a State that meets the requirements and performs the
		  functions specified by
		  49 U.S.C.
		  5329(e) and 49 CFR Part 674.
		  The Department is the SSOA for the Commonwealth of Massachusetts.
System Safety Program Plan (SSPP)
. A
		  document developed and approved by the rail transit agency, describing its
		  safety policies, objectives, responsibilities, and procedures. Until one year
		  after the effective date of 49 CFR Part 673,
Public Transportation
		  Agency Safety Plans
, the SSPP developed pursuant to 49 CFR Part 659
		  will serve as the rail transit agency's safety plan.
Transportation Authority
.
		  Massachusetts Bay Transportation Authority, the RTA in the Commonwealth of
		  Massachusetts.
Unannounced On-site Oversight
		  Activity
. That, as further outlined in Department's
Standard Operating Guideline Manual
, at any time or place, and
		  without advanced warning, the Department may enter Rail Transit
		  Agency-controlled property to conduct inspections, audits, observations, and
		  investigations to determine whether the Rail Transit Agency is complying with
		  49 CFR Part 674, applicable regulations, Department policies and procedures,
		  and the Transportation Authority's operation and safety procedures.
Vehicle
. Any rolling stock used on a
		  rail fixed guideway public transportation system including, but not limited to,
		  passenger and maintenance vehicles.