AASHTO Journal - FTA Final Rule Expands State Safety Inspection Role

The Federal Transit Administration recently finalized a rule that strengthens the role of State Safety Oversight Agencies or SSOAs by allowing them to conduct inspections of rail transit agencies without warning.

[Above photo by FTA]

The new rule also requires SSOAs to include inspection programs in their program standards and collect metrics and data that better explain rail transit safety.

“[This rule] is making rail transit even safer for both transit workers and riders,” said Veronica Vanterpool, FTA’s deputy administrator, in a statement. “Providing oversight agencies with the necessary tools to do their jobs effectively is crucial. This rule reinforces FTA’s ongoing comprehensive efforts to improve transit safety.”

This new regulation builds off the State Safety Oversight Final Rule issued in 2016 that requires states with rail transit systems to establish an FTA-certified State Safety Oversight program within three years. Following that rule, all 31 State Safety Oversight Agencies were certified by April 2019, the agency said.

The new rule now goes further, FTA noted:

It allows SSOAs to enter rail transit facilities without prior notice to perform safety inspections.
Requires them to collect data to identify and evaluate safety risks and prioritize inspections.
Also requires them to develop and implement a risk-based inspection program for the rail transit agencies they oversee; a directive FTA issued to each SSOA in October 2022.
Simplifies requirements for the types of safety events that rail transit agencies must report to their SSOA and FTA within two hours of occurrence.
Updates terminology to reflect current use, such as using “safety event” to replace “accident” or “incident.”

The final rule also clarifies the requirement for SSOAs to oversee rail transit agency internal safety reviews, boosting SSOA authority to oversee the safety of rail transit projects in the engineering and construction phase of development, not just those in revenue service.

FTA noted that the new rule also reinforces the authority of SSOAs to ensure rail transit agencies comply with the Public Transportation Safety Certification Training Program.

Finally, the new rule gives SSOAs the option to issue interim audit reports for rail transit agencies when conducting a triennial review of that agency over a three-year period, versus conducting a full audit once every three years.