1. (a) Purpose. Title 49 U.S.C. §5329, authorizes the Secretary of the U.S. DOT to create and implement a National Public Transportation Safety Plan. Recipients and subrecipients must develop transit safety plans and report to the Secretary annually.
2. (b) Affected agencies. Subrecipients of §5311 Rural Formula Grants through the department must comply with 49 U.S.C. §5326.

3. (c) Department role. As the administering agency the department will:

   1. (1) provide guidance to agencies requesting assistance with the development of a transit safety plan;
   2. (2) prepare plans for agencies requesting the department prepare plans on their behalf; and
   3. (3) certify subrecipient compliance with 49 U.S.C. §5329 requirements.

4. (d) Subrecipient responsibilities. Subrecipients will develop a transit safety plan that, at a minimum, includes:

   1. (1) a requirement that the governing body of the subrecipient approve the agency safety plan and any updates to the agency safety plan;
   2. (2) methods for identifying and evaluating safety risks throughout all elements of the public transportation system of the subrecipient;
   3. (3) strategies to minimize the exposure of the public, personnel, and property to hazards and unsafe conditions;
   4. (4) a process and timeline for conducting an annual review and update of the safety plan of the subrecipient;
   5. (5) performance targets based on the safety performance criteria and state of good repair standards when established by the U.S. DOT Secretary in the National Public Transportation Safety Plan;
   6. (6) assignment of an adequately trained safety officer who reports directly to the general manager, president, or equivalent officer of the subrecipient; and

   7. (7) a comprehensive staff training program for operations personnel and personnel directly responsible for safety that includes:

      1. (A) the completion of a safety training program; and
      2. (B) continuing safety education and training.

Source Note:The provisions of this §31.38 adopted to be effective November 21, 2013, 38 TexReg 8253.