Mo. Code Regs. Ann. tit. 7, § 265-9.020
PURPOSE: This rule adopts a system safety program standard, and requires every rail fixed guideway system to establish, implement and maintain a system safety program plan and security plan, which meets the FTA requirements under 49 CFR part 659, and the requirements of this rule.
PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.
AUTHORITY: sections 389.1005 and 622.027, RSMo 2000.* This rule originally filed as 4 CSR 265-9.020, RSMo 2000. 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. Moved and amended: Filed Nov. 20, 2006, effective June 30, 2007. *Original authority: 389.1005, RSMo 1996 and 622.027, RSMo 1985, amended 1993, 1995. 4 CSR 265-9.040 Safety Reviews Shall Be in Accordance with Federal Transit Administration (FTA) Standards PURPOSE: This rule provides for the division’s oversight of each rail fixed guideway system’s internal safety audit process, and for the division’s responsibility to perform a comprehensive, independent safety review of rail fixed guideway systems every three (3) years, in accordance with the FTA requirements under 49 CFR sections 659.27 and 659.29. PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here. (1) Not less than annually, every rail fixed guideway system (RFGS) shall conduct internal safety reviews as prescribed in the State Safety and Security Oversight Programs Manual for Missouri Light Rail (the SSO Manual), which is incorporated herein by reference and made a part of this rule as published by the Missouri Highways and Transportation Commission, Multimodal Operations Division, 2217 St. Mary’s Boulevard, Jefferson City, Missouri 65109, 2006 Edition. This rule does not incorporate any subsequent amendments or additions of this manual. (2) Not less than every three (3) years, the division shall conduct a safety review of every RFGS as prescribed in the SSO Manual, shall document and track findings from its review for subsequent safety reviews, and shall document whether a three (3)-year safety review has been completed since the last annual report was submitted. The division also shall document whether the program standard and supporting procedures have changed during the preceding years. (3) Each RFGS within Missouri shall conduct a comprehensive safety review, at its own expense, prior to commencement of operations. Each RFGS shall file a written report on this safety review with the division for approval before starting passenger operations. The division director shall notify the RFGS of the approval of this safety review report. The division staff may object to the safety review report, or any part of the safety review, by notifying the RFGS of its objections and a notice of changes required to be incorporated in the report. If the RFGS does not incorporate the division’s changes in the report, the division may enforce its changes in the form of the state highways and transportation commission filing a pleading with the Administrative Hearing Commission. (4) The division shall certify in its annual report to the Federal Transit Administration (FTA) that any changes or modifications to the RFGS’s SP or SSPP have been reviewed and approved by the division. (5) Not later than the fifteenth day of March in each year, the division shall submit to FTA a publicly available annual report summarizing its oversight activities concerning fixed guideway transit systems for the preceding calendar year. The annual report shall include a description of the most common probable causal factors of transit system accidents and unacceptable hazardous conditions. If the division has conducted a triennial safety review during the preceding calendar year under section (2) of this rule, then the annual report shall include the division’s report on the triennial review. The division shall annually file with FTA a certification of compliance, signed by the division director or other official authorized by the division, which certifies that the division has implemented a state oversight program that meets the requirements of 49 CFR part 659, and further certifies that the division, its employees, and any entities performing tasks required of the division under 49 CFR part 659, have no conflict of interest with any fixed guideway transit system overseen as a result of 49 CFR part 659. All reports to the FTA must be submitted electronically using a reporting system specified by the FTA. AUTHORITY: sections 389.1005 and 622.027, RSMo 2000.* This rule originally filed as 4 CSR 265-9.040. 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. Moved and amended: Filed Nov. 20, 2006, effective June 30, 2007. *Original authority: 389.1005, RSMo 1996 and 622.027, RSMo 1985, amended 1993, 1995.