New federal safety oversight arriving for local transit systems

Rule starting Sept. 12 allows FTA to withold up to 25% noncomplying transit agency funding 

The Federal Transit Administration (FTA) finalized a rule outlining new powers to write and enforce national safety standards for local transit systems, a first step toward the agency’s adopting a national safety program, with power  to direct and withhold funding to local agencies. This could directly affect counties with transportation authorities.

Read the FTA release  

The rule, authorized under the 2012 surface transportation law (MAP-21), goes into effect Sept. 12 and will allow the agency to withhold up to 25 percent of a local transit agency’s funding under the Urbanized Area Formula, if it finds the local agency has developed a pattern of noncompliance.  The Urbanized Area Formula is the mechanism used to deliver most federal funding to local authorities.

The final rule establishes a new national public transportation safety program that would define best practices, minimum performance levels and state of good repair. Under the rule, the FTA would mandate local agencies to spend federal funds for safety projects before using it for anything else. The FTA could also issue non-binding advisories recommending corrective action to situations where safety is in question.

The rule would also require transit agencies take a Safety Management Systems (SMS) approach, a transit organizational philosophy that promotes a top-down structure and encourages a proactive maintenance work schedule that prioritizes safety issues over any other system expenditures.  SMS builds on existing transit safety practices by using data to proactively identify, avoid and mitigate risks to safety.

NACo maintains its support for full funding of the Urbanized Area Formula and will continue to monitor FTA’s further regulatory actions pertaining to federal transportation authorizations. NACo will continue to urge the administration to formulate regulations that will allow for maximum flexibility as counties are tasked with complying with new federal standards.