Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 151.00 - Rail Fixed Guideway System: System Safety Program Standard › Section 151.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
(1)
								220 CMR 151.00 establishes
		the standard of the Commonwealth of Massachusetts oversight required to
		implement the provisions of
		49 U.S.C.
		5329(e), 49 U.S.C. 5330, and
		49 CFR Part 674,
Rail Fixed Guideway Systems, State Safety
		Oversight
.
(2)
								220 CMR 151.00 is applicable
		to the Massachusetts Bay Transportation Authority (Transportation Authority),
		the transit agency operating rail fixed guideway systems in the Commonwealth of
		Massachusetts.
(3) The Department
		of Public Utilities (Department) exercises jurisdiction over safety of
		equipment and operations of the Transportation Authority pursuant to M.G.L. c.
		161A, § 3(i). In addition, pursuant to 49 CFR Part 674, the Department has
		authority to investigate any allegation of noncompliance with the Public
		Transportation Agency Safety Plan.
(4) Pursuant to 49 CFR Part 674, the
		Department is responsible for establishing minimum standards for rail safety
		practices and procedures to be used by the Transportation Authority. The
		Department's program standard is consistent with the National Public
		Transportation Safety Plan, the Public Transportation Safety Certification
		Training Program, and the rules for Public Transportation Agency Safety Plans.
		In addition, the Department must oversee the execution of these practices and
		procedures to ensure compliance with the provisions of 49 CFR Part
		674.
(5) The Department and the
		Transportation Authority shall meet quarterly, during the months of January,
		April, July, and October, to discuss safety concerns.
(6) The Department and the Accountable
		Executive of the Transportation Authority shall meet at least
		annually.
(7) The Department and
		the Board of Directors of the Transportation Authority shall meet at least
		annually.
(8) The Department and
		the Chief Safety Officer of the Transportation Authority shall meet at least
		monthly.
(9) Where revisions are
		necessary to
		220 CMR 151.00, the
		Department will conduct a rulemaking proceeding, in accordance with M.G.L. c.
		30A §§ 1 through 6A,
		950 CMR 20.00:
Preparing and Filing Regulations
and
		220 CMR 2.00:
Rules
		for Adopting, Amending, or Repealing Regulations and for Issuing Advisory
		Rulings
, to amend
		220 CMR 151.00. The
		Department will submit the amended System Safety Program Standard to the
		Transportation Authority within 30 days of Department promulgation. The
		Transportation Authority must acknowledge within one business day receipt of
		the amended System Safety Program Standard in writing and provide a schedule
		for implementation in its System Safety Program Plan or Public Transportation
		Agency Safety Plan within 60 days thereof.
(10) The Department and the Transportation
		Authority operate as legally and financially independent agencies. There is an
		absolute funding prohibition between the Department and the Transportation
		Authority.
(11) The Department does
		not employ any individual who is also responsible for administering, or
		providing services to, the Transportation Authority.
(12) The Department shall submit an annual
		report summarizing the oversight activities related to the Transportation
		Authority of the safety of the rail fixed guideway system to the Governor of
		the Commonwealth of Massachusetts, the Federal Transit Administration, and the
		board of directors of the Transportation Authority.