PURPOSE: This rule adopts a system safety program standard, and requires every fixed guideway transit system to establish, implement and maintain a system safety program plan which meets the FTA requirements under 49 CFR part 659, and the requirements of this rule.

PUBLISHER’S NOTE: The publication of the full text of the material that the adopting agency has incorporated by reference in this rule would be unduly cumbersome or expensive. Therefore, the full text of that material will be made available to any interested person at both the Office of the Secretary of State and the office of the adopting agency, pursuant to section 536.031.4, RSMo. Such material will be provided at the cost established by state law.

1. (1) The division incorporates by reference in this rule the American Public Transit Association (APTA) Guidelines as the system safety program standard for fixed guideway transit systems operating within the state, as supplemented by the rules in this chapter. Every transit system operating in this state shall develop, adopt and implement a system safety program plan (SSPP) which conforms to the APTA Guidelines and the rules in this chapter.

   1. (A) The SSPP shall address the personal security of transit system passengers, employees, and other persons lawfully present on transit system property. The division incorporates by reference in this rule Federal Transit Administration, U.S. Dept. of Transportation, Transit System Security Program Planning Guide (Final Report FTA- MA-90-7001-94-1) (January 1994, reprinted November 1997), as a guideline for preparation of the security portion of each transit system’s SSPP.
   2. (B) The portion of the SSPP that relates to transit system security, and any related documents or information filed with this division by a transit system under the provisions of this chapter, may be closed to public inspection by the transit system, or by the division or its administrative law judge, as deemed necessary to prevent or mitigate breaches of security. The closure to public access, in whole or in part, of these security provisions, and related documents or information, shall not preclude the division or its authorized personnel from inspecting and copying these provisions, documents and information, as otherwise provided by law or by the rules or orders of the division.
2. (2) Every transit system that begins revenue service after January 1, 1998, shall file two
3. (2) copies of its SSPP with the division not less than one hundred eighty (180) days before starting revenue service, for approval by the division director.
4. (3) The division shall review a transit system’s SSPP before the transit system begins revenue service, and may review a transit system’s SSPP whenever deemed appropriate by the division. The division director shall notify the transit system of the approval of the SSPP, and any revisions of the SSPP. The division may require the transit system to modify or supplement its SSPP, and any revisions made to the SSPP, in accordance with this section. The division director shall notify the transit system, in writing, which shall identify the specific portions of the SSPP that shall be modified or supplemented. The notice shall specify a reasonable due date for filing the modification or supplementation with the division. The transit system may object to the requirements stated in the division director’s notice, by filing a pleading with the division before the specified due date, which shall be determined by an administrative law judge after notice and an opportunity for hearing.
5. (4) Any revisions made to the SSPP shall be filed by the transit system, for review and approval by the division director, on or before the effective date of the revision. No revision shall be in conflict with, or adversely impact upon, any other part of the SSPP. No revision shall be made which creates a safety hazard.
6. (5) Every transit system, its officers, employees, contractors and agents shall comply with the applicable provisions contained within the SSPP filed with the division. AUTHORITY: section 622.027, RSMo Supp. 1997.* Original rule filed Nov. 4, 1992, effective June 7, 1993. Emergency amendment filed Dec. 20, 1996, effective Dec. 30, 1996, expired June 27, 1997. Amended: Filed June 22, 1998, effective Feb. 28, 1999.

*Original authority: 622.027, RSMo 1985, amended 1993, 1995.