REPORT TO THE CITY COUNCIL
FROM: GREGORY A. BARFIELD, M.A., Director
Department of Transportation
BY: LINDA TAYLOR, Administrative Manager
Department of Transportation
DANIEL COLBERT, Training Officer
Department of Transportation
SUBJECT
Title
RESOLUTION - Approval and implementation of the Public Transit Agency Safety Plan as required by the Federal Transit Administration, and execution of related agent forms.
Body
RECOMMENDATION
Staff recommends the City Council approve the annual update of the Department of Transportation/FAX Public Transit Agency Safety Plan (PTASP), as required by the Federal Transit Administration (FTA) and authorize the Director of Transportation or designee to execute and file all necessary documents on behalf of the City. This annual update is now required by the FTA annually as of the final rule for the PTASP adoption on April 30, 2024. The changes in this annual update include changes reflect new leadership within FAX, updated safety targets, quick response (QR) code option for the Employee Safety Reporting Program (ESRP), and the addition of sections relating to assault mitigation, infectious diseases, and de-escalation training.
EXECUTIVE SUMMARY
The FTA published a final rule for Public Transportation Agency Safety Plans, as authorized by the Moving Ahead for Progress in the 21st Century Act (MAP-21). This final rule requires any operator of public transportation system that receives Federal financial assistance under 49 U.S.C. Chapter 53 to develop a PTASP based on the Safety Management System (SMS) approach. Operators of public transportation systems are required to implement the safety plans and submit annual updates to the FTA. The development and implementation of safety plans will help ensure that public transportation systems are safe nationwide. The annual update is now required by the FTA annually as of the final rule for the PTASP adoption on April 30, 2024 and will be presented each August moving forward to City Council.
The Version 1 of the PTASP was approved by Council in May 2020, and Version 2 followed in February 2022. The current update reflects new leadership within the FAX department, updated safety targets, and the addition of a QR code option for ESRP, assault mitigation, infectious diseases and de-escalation training sections.
BACKGROUND
On July 19, 2018, the FTA published the Public Transportation Agency Safety Plan (PTASP) Final Rule (49 C.F.R. Part 673), which requires certain operators of public transportation systems that receive federal funds under FTA's Urbanized Area Formula Grants to develop safety plans that include the processes and procedures to implement Safety Management Systems (SMS). Operators of public transportation systems are required to implement the safety plans by July 20, 2020, and provide annual updates to their plans to the FTA. The development, implementation, and updates of safety plans will help ensure that public transportation systems are safe, nationwide.
The public transportation industry remains among the safest surface transportation modes in terms of total reported safety events, fatalities, and injuries. Nonetheless, given public transportation service complexities, the condition of transit equipment and facilities, turnover in the transit workforce, and the quality of policies, procedures, and training, the public transportation industry remains vulnerable to catastrophic accidents.
This rule outlines requirements for Public Transportation Agency Safety Plans that would carry out explicit statutory mandates of MAP- 21 which was reauthorized by the Fixing America’s Surface Transportation Act (FAST Act) and codified at 49 U.S.C. 5329 (see attached), to strengthen the safety of public transportation systems that receive Federal financial assistance under 49 U.S.C. Chapter 53.
This rule requires the adoption of SMS principles and methods; the development, certification, implementation, and update of Public Transportation Agency Safety Plans; and the coordination of PTASP elements with other FTA programs and rules, as specified in 49 U.S.C. 5303, 5304, and 5329.
The FAX PTASP is made up of the elements required by the FTA, including:
• Safety Performance Targets
• Safety Management Policy
• Safety Risk Management Strategies
• Safety Assurance
• Safety Promotion
• Assault Mitigation
• Infectious Diseases
• De-escalation Training
The FAX PTASP was developed in collaboration with department leadership and safety committee staff (including representatives from all FAX bargaining groups), under guidance of the Federal Transit Administration. The FAX Public PTASP meets all FTA requirements for the size of the City’s transit system. The benefits of PTASP include:
• Improved transparency and accountability for safety management compliance
• Data-driven safety performance monitoring
• Transit system safety performance outcomes
• Maintaining eligibility for FTA funds
The consequences of not having an FTA-compliant Public Transit Agency Safety Plan include, but are not limited to:
• Loss or reduction of FTA funding
• Higher safety risk liability (determined by accidents per 100,000 miles)
• Decreased transit system operational safety
• Higher vulnerability for a catastrophic event
ENVIRONMENTAL FINDINGS
Approval of the annual update of the Department of Transportation/FAX PTASP is not a “project” for the purposes of the California Environmental Quality Act, pursuant to CEQA Guidelines section 15378.
LOCAL PREFERENCE
Local preference is not applicable as this request for plan approval does not include the award of a contract.
FISCAL IMPACT
There is no fiscal impact to the General Fund from this request. Approval and implementation of the PTASP will help mitigate the loss of physical and human assets through injuries, accidents or other serious accidents. Any safety-related expenses caused by the PTASP policies will be shouldered by FAX Enterprise funds, budgeted and available for FY25.
Attachments:
Resolution
Public Transit Agency Safety Plan