FTA finalizes requirements of State Safety Oversight Agencies to improve rail transit safety

The Federal Transit Administration (FTA) has finalized requirements that help to strengthen the role of State Safety Oversight Agencies (SSOAs), the state agencies created to oversee rail transit in the United States. The final rule implements Infrastructure Investment and Jobs Act requirements that will reduce safety risks throughout the industry by allowing SSOAs to conduct inspections of rail transit agencies without warning and requiring SSOAs to include inspection programs in their program standards and collect metrics and data that better explain rail transit safety. 
 
"Safety is our department’s top priority and today we take another important step to protect rail workers and riders," said U.S. Transportation Secretary Pete Buttigieg. "This rule will give states greater authority and clarity to improve safety on the rail transit systems they oversee, including by conducting inspections without prior notice." 

In 2016, FTA published the State Safety Oversight Final Rule requiring states with rail transit systems to establish an FTA-certified State Safety Oversight program within three years. Following that rule, all 31 State Safety Oversight Agencies were certified by April 2019. 

The updates allow and require SSOAs to: 

• Collect data to identify and evaluate safety risks and prioritize inspections. 
• Develop and implement a risk-based inspection program for the rail transit agencies they oversee. (FTA previously communicated this requirement through special directives to each SSOA in October 2022.) 

The final rule also removes outdated references and clarifies existing requirements by: 

• Simplifying requirements for the types of safety events that rail transit agencies must report to their SSOA and FTA within two hours of occurrence. 
• Updating terminology to reflect current use, such as using "safety event" to replace "accident" or "incident." 

“We are making rail transit even safer for both transit workers and riders," said FTA Deputy Administrator Veronica Vanterpool. "Providing oversight agencies with the necessary tools to do their jobs effectively is crucial. This rule reinforces FTA's ongoing comprehensive efforts to improve transit safety." 

The final rule also clarifies the requirement for SSOAs to oversee rail transit agencies' internal safety reviews including: 

• The SSOA's authority to oversee the safety of rail transit projects in the engineering and construction phase of development, not just those in revenue service. 
• When a Corrective Action Plan is required. 
• Reinforcing SSOAs' authority to ensure rail transit agencies comply with the Public Transportation Safety Certification Training Program. The SSO program standard must explain how the SSOA will ensure that the RTA satisfies the Public Transportation Safety Certification Training Program requirements, including the RTA’s designation of personnel and the RTA's identification of refresher training. 
• The option for SSOAs to issue interim audit reports for rail transit agencies when conducting a triennial review of that agency over a three-year period, versus conducting a full audit once every three years.