Federal compliance for transit - Rail transit safety oversight

Under federal law, the Federal Transit Administration (FTA) requires each state to oversee the safety program of any federally-funded rail fixed guideway public transportation system (“rail transit system”) in its jurisdiction. The Wisconsin Department of Transportation (WisDOT) is designated as the state safety oversight (SSO) agency to fulfill this federal requirement. WisDOT’s SSO responsibilities are defined by five primary authorities:

• Federal law – 49 U.S.C. § 5329 (United States Code)
• Federal SSO rule – 49 CFR Part 674 (Code of Federal Regulations)
• State law – s. 85.066, Wis. Stats (Wisconsin Statutes)
• State SSO rule – Trans 10 (Wisconsin Administrative Code)
• WisDOT SSO Program Standard – Revision 5.0 (April 2018)
• Required by Part 674 and Trans 10
• Provides information on the interaction between WisDOT, each rail transit system, and the FTA

As the SSO agency, WisDOT oversees rail transit safety programs at all qualifying systems in the state: 1) the Kenosha Streetcar, which has been in service since 2000 and is operated by Kenosha Area Transit (KAT); and 2) the Milwaukee Streetcar (aka The Hop), which began service in November 2018. All rail transit agencies in Wisconsin are required to create and operate according to an agency safety plan, compliant with federal and state requirements. WisDOT reviews each plan annually, is involved with all accident investigations as they occur, and audits each system every three years.

On April 15, 2016, FTA released a new SSO program rule, 49 CFR Part 674, which was required by a mandate from Congress to strengthen both the FTA and SSO agencies in their respective rail transit safety oversight responsibilities. Part 674 also required FTA to certify SSO programs, which had to be completed by April 15, 2019 – FTA certified WisDOT’s SSO program on July 25, 2018.

More information on WisDOT’s SSO program can be accessed through the links below:

SSO Resources

• WisDOT SSO Program Standard – Revision 5.0 (April 2018)
• Appendices
• Appendix A – Federal authorizing documents
• Appendix B – State authorizing documents
• Appendix C – Technical training plan (TTP)
• Appendix D – Organization charts
• Appendix E – Investigations
• Appendix F – Agency safety plan requirements
• Appendix G – Agency safety plan checklist
• Appendix H – Security plan assessment
• Appendix I – Internal safety audit process
• Appendix J – Open records
• Appendix K – Kenosha Area Transit (KAT)
• Appendix L – Triennial audit process
• Appendix M – Milwaukee Streetcar System (MSS)
• SSO Program Procedures
• Procedure SSO-001 – Program standard updates
• Procedure SSO-002 – Conflict of interest
• Procedure SSO-003 – Notifications
• Procedure SSO-004 – Enforcement
• Procedure SSO-005 – Annual program report
• Procedure SSO-006 – Data submission
• Procedure SSO-007 – Hazard data
• Procedure SSO-008 – Risk monitoring
• Procedure SSO-009 – Agency safety plan compliance
• Procedure SSO-010 – Investigation reporting
• S. 85.066 Wisconsin Statutes – Transit safety oversight program
• Trans 10 Wisconsin Administrative Code – Transit safety oversight program
• 49 U.S.C. 5329 – Public transportation safety program
• 49 CFR Part 674 – State safety oversight
• FTA’s PTASP Technical Assistance Center (PTASP-TAC)

Other Resources

• American Public Transportation Association (APTA)
• American Association of State Highways and Transportation Officials (AASHTO)
• City of Kenosha Streetcar
• City of Milwaukee Streetcar
• Federal Transit Administration (FTA)
• FTA – State Safety Oversight (SSO)
• FTA – Transit Safety and Oversight (TSO)
• FTA – Region 5
• National Transportation Safety Board (NTSB)
• Transportation Safety Institute (TSI) - Login required

Contact

WisDOT State Safety Oversight Manager
Eric Stoegbauer
Wisconsin Department of Transportation
Bureau of Transit, Local Roads, Railroads and Harbors
(608) 267-6680
eric.stoegbauer@dot.wi.gov