NOTICE OF SUBSTANTIVE CHANGE
TYPE OF FILING: Repeal and Readopt
1. Agency Information
Transportation, Operations, Traffic and Safety
Salt Lake City, UT 84114-8455
2. Contact Persons
Please address questions regarding information on this notice to the persons listed above.
3. General Information
A. Rule or section catchline:
R920-30. State Safety Oversight
B. Purpose of the new rule or reason for the change:
The Department of Transportation (department) reviewed this rule and decided it needed to be updated, including references to codes and various clarifying edits to the language and structure of the rule.
The department made enough edits to the language and structure of this rule that it decided a repeal and reenactment, rather than a mere amendment, is the most appropriate course of action.
C. Summary of the new rule or change:
The proposed changes in this repeal and reenactment include updates to federal and state code references, current workflow practices, and general clerical updates to the language of the document.
5. Fiscal Information
Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
The department anticipates no aggregate cost or savings to the state budget because this rule pertains to the department's oversight of UTA's safety equipment and does not impact the amount of funds going into or coming out of the state budget.
The department anticipates no aggregate cost or savings to the local governments because this rule pertains to the department's oversight of UTA's safety equipment and the department is not aware of any financial impact that oversight would have on local governments.
C. Small businesses ("small business" means a business employing 1-49 persons):
The department anticipates no aggregate cost or savings to small businesses because this rule pertains to the department's oversight of UTA's safety equipment and the department is not aware of any financial impact that oversight would have on small businesses.
D. Non-small businesses ("non-small business" means a business employing 50 or more persons):
The department anticipates no aggregate cost or savings to non-small businesses because this rule pertains to the department's oversight of UTA's safety equipment and the department is not aware of any financial impact that oversight would have on non-small businesses.
E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):
The department anticipates no aggregate cost or savings to persons because this rule pertains to the department's oversight of UTA's safety equipment and the department is not aware of any financial impact that oversight would have on persons.
F. Compliance costs for affected persons:
It will not cost an affected person anything to comply with this rule.
6. Regulatory Impact Summary Table
Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."
7. Regulatory Impact Analysis Approval
The Commissioner of the Department of Transportation, Carlos M Braceras, PE, has reviewed and approved this regulatory impact analysis.
8. Family Impact Information
A. The agency has considered this rule's impact on family health, stability, and formation:
9. Citation Information
Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
10. Incorporation by Reference Information Incorporation by Reference (if this rule incorporates more than two items by reference, please include additional tables): A. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):
Official Title of Materials Incorporated (from title page)
Part 674 – State Safety Oversight
Federal Transit Administration
49 CFR Ch. VI (10-1-24 Edition)
11. Public Notice Information
The public may submit written or oral comments to the agency identified in box 1.
A. Comments will be accepted until:
12. Effective Date Information
This rule change MAY become effective on:
(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)
13. Agency Authorization Information
Carlos M Braceras, PE, Commissioner
R920. Transportation, Operations, Traffic and Safety.
R920-30. State Safety Oversight.
[R920-30-1. Regulatory Authority. The purpose of this rule is to incorporate by reference the Federal Transit Administration standards for State Safety Oversight (04/15/2016). This rule is authorized or required by 49 U.S.C. 5330; 49 CFR 659; 49 CFR 674; Utah Code Sections 72-1-201, 72-1-208, and 72-1-214. R920-30-2. Purpose and Scope. (1) This rule, R920-30, establishes the standard of the State of Utah 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) This rule applies to the Utah Transit Authority ("UTA"), the public transportation agency operating rail fixed guideway systems in the State of Utah. (3) The Utah Department of Transportation (the "Department") exercises jurisdiction over safety of equipment and operations of the UTA pursuant to Utah Code Section 72-1-214. 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 UTA. 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. The Department also must oversee the execution of these practices and procedures to ensure compliance with the provisions of 49 CFR Part 674. (5) Where revisions to this rule, R920-30, are necessary, the Department will conduct a rulemaking proceeding, in accordance with the Utah Administrative Rulemaking Act, Utah Code Sections 63G-3-101-702. (6) The Department and the UTA must operate as legally and financially independent entities. (7) The Department does not and must not employ any individual who is also responsible for administering or providing services to the UTA. (8) The Department will submit an annual report summarizing the oversight activities related to the UTA of the safety of the rail fixed guideway system to the Federal Transit Administration and the Governor as required by 49 CFR Part 674. R920-30-3. Public Transportation Agency Safety Plan. (1) The UTA shall develop and implement a written Public Transportation Agency Safety Plan (PTASP) that conforms to the requirements of 49 CFR Part 673, Public Transportation Agency Safety Plan within two calendar years after publication of 49 CFR Part 673. (2) Prior to the development and implementation of its PTASP, the UTA shall continue to maintain, update, and implement its written System Safety Program Plan (SSPP) pursuant to 49 CFR Part 659 (April 29, 2005), which is incorporated by reference. (3) The UTA shall submit the SSPP or PTASP to the Department for review and approval prior to its implementation. The SSPP or PTASP should be submitted in electronic format via email to the Department. Supporting procedures and referenced materials may be submitted in hard copy, by fax, mail, email, or in-hand delivery. (4) The UTA shall submit an updated SSPP or PTASP, and any accompanying procedures, for Department review and approval on or before February 1st of each year. If no updates are required, the UTA shall so notify the Department in writing before February 1st of each year. (5) Should the UTA update the SSPP or PTASP outside the annual review cycle, either upon its own initiative or upon the written request of the Department for modifications to the SSPP or PTASP, the UTA shall submit a revised SSPP or PTASP to the Department. The SSPP or PTASP should be submitted in electronic format via email to the Department within 30 calendar days of the event requiring the changes. Supporting procedures and referenced materials may be submitted in hard copy, by fax, mail, email, or in-hand delivery. R920-30-4. Incorporation by Reference of Federal Regulation. The Federal Transit Administration, State Safety Oversight, Final Rule, Title 49 CFR Part 674 (eff. April 15, 2016) as it applies to the management of the State Safety Oversight Program, is incorporated by reference as the minimum standard for state safety oversight of rail fixed guideway systems in Utah.] R920-30-1. Regulatory Authority and Applicability. (1) This rule establishes and describes the state's State Safety Oversight program: (a) described in 49 U.S.C. 5329(e); and (b) required by the Federal Transit Administration. (2) This rule is authorized or required by 49 U.S.C. 5329(e), 49 CFR Part 674, and Sections 72-1-201, 72-1-208, and 72-1-214. (3) This rule applies to the department and to UTA. (1) "PTASP" means the Public Transportation Agency Safety Plan. (2) "UTA" means the Utah Transit Authority, which is a public transportation agency operating rail fixed guideway systems in Utah. R920-30-3. Department Responsibilities. (1) The department exercises jurisdiction over the safety of equipment and operations of UTA under Section 72-1-214. (2) The department has authority to investigate any allegation of noncompliance with the PTASP. (3) The department shall establish, in accordance with 49 CFR 674.27, minimum standards for rail safety practices and procedures for UTA that are consistent with the National Public Transportation Safety Plan, the Public Transportation Safety Certification Training Program, and the rules for the PTASP. (4) The department shall oversee UTA's execution of practices and procedures to ensure compliance with the minimum standards described in Subsection (3). (5) The department and UTA shall operate as legally and financially independent agencies. (6) The department shall maintain legal and financial independence from UTA in the department's state safety oversight of UTA.(7) The department shall submit annual reports in accordance with: R920-30-4. Public Transportation Agency Safety Plan. (1) UTA shall develop and implement a written PTASP that conforms with the requirements of 49 CFR Part 673. (2) UTA shall submit the PTASP to the department for review and approval before implementing the PTASP. (3) Before December 1 of each year, UTA shall submit the PTASP for the upcoming year, including any accompanying procedures, to the department for the department's review and approval. (4) If UTA updates the PTASP outside of the annual review cycle, either on UTA's own initiative or at the department's written request, UTA shall submit a revised PTASP to the department within 30 calendar days after updating the PTASP. R920-30-5. Incorporation by Reference of Federal Regulation. The department incorporates by reference 49 CFR Part 674 as it applies to the management of the State Safety Oversight Program, as the minimum standard for state safety oversight of rail fixed guideway systems in Utah. KEY: state safety oversight, transit, safety
Date of Last Change: 2026[December 12, 2018] Notice of Continuation: September 20, 2022
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-1-208; 72-1-214
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