State Safety Oversight Agency Authorities and Requirements

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 674 and the requirements of this rule. PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that 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) In accordance with its authority established in section 389.1005, RSMo, and the Designation Letter signed by the Governor of Missouri on June 12, 2017, the division is designated as the State Safety Oversight Agency (SSOA) per 49 United States Code (USC) 5239(e)(4). (2) The division is responsible for carrying out the responsibilities of an SSOA as set forth in the federal regulations and statute cited in this rule. The division adopts TRANSPORTATION and enforces rules relating to the safe design, engineering, construction, testing, operation, and maintenance of Rail Fixed Guideway Systems (RFGS). (3) The division incorporates by reference in this rule the full provisions of 49 USC 5329 and 49 Code of Federal Regulations (CFR) Part 674, as published by the United States Government Publishing Office, 732 North Capitol Street NW, Washington, DC 20401 on October 1, 2016, and March 15, 2016, respectively. This rule does not incorporate any subsequent amendments or additions of the CFRs and USC. (4) The SSOA is legally and financially independent from the overseen RFGS. (5) The division retains the authority to access RFGS property in performance of SSOA duties, including to conduct investigations or to make announced or unannounced inspections. (6) Documents or information filed with this division by a RFGS under the provisions of this chapter may be closed to public inspection by the RFGS, or by the division as deemed necessary to prevent or mitigate breaches of security. The closure to public access, in whole or in part, of documents or information, does 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 of the highways and transportation commission or orders of the division. (7) Every RFGS shall meet or exceed the FTA’s alcohol and controlled substances testing requirements under 49 CFR Parts 40 and 655, which are incorporated herein by reference and made a part of this rule as published in the Federal Register 83 FR 63812 December 12, 2018, by the FTA, United States Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590. This rule does not incorporate any subsequent amendments or additions. AUTHORITY: sections 389.1005 and 622.027, RSMo 2016.* This rule originally filed as 4 CSR 265-9.020. 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. Amended: Filed Oct. 6, 2017, effective May 30, 2018. Amended: Filed Dec. 9, 2022, effective July 30, 2023. *Original authority: 389.1005, RSMo 1996, and 622.027, RSMo 1985, amended 1993, 1995.