Code of Massachusetts Regulations
220 CMR - DEPARTMENT OF PUBLIC UTILITIES
Title 220 CMR 151.00 - Rail Fixed Guideway System: System Safety Program Standard
Section 151.02 - Definitions
Accident. An Event that involves any of the following: a loss of life; a report of a serious injury to a person; a collision involving a rail transit vehicle; a runaway train; an evacuation for life safety reasons; or any derailment of a rail transit vehicle, at any location, at any time, whatever the cause. An accident must be reported in accordance with the thresholds for notification and reporting set forth in 49 CFR Part 674, Appendix A and 220 CMR 151.09.
Accountable Executive. A single, identifiable individual who has ultimate responsibility for carrying out the Public Transportation Safety Plan of a public transportation agency; responsibility for carrying out the agency's Transit Asset Management Plan; and control or direction over the human and capital resources needed to develop and maintain both the agency's Public Transportation Agency Safety Plan, in accordance with 49 U.S.C. 5329(d), and the agency's Transit Asset Management Plan in accordance with 49 U.S.C. 5326.
Administrator. The Federal Transit Administrator or the Administrator's designee.
Computation of Time. Computation of any period of time referred to in 220 CMR 151.00 shall begin with the first business day following that on which the act that initiates such period of time occurs. Saturdays, Sundays, and legal holidays shall be excluded from the computation of any period of time referred to in 220 CMR 151.00.
Contractor. An entity that performs tasks required on behalf of FTA, the State Safety Oversight Agency, or a Rail Transit Agency through contract or other agreement. The Rail Transit Agency may not be a Contractor for the State Safety Oversight Agency.
Corrective Action Plan (CAP). A plan developed by the Rail Transit Agency that describes the actions the Rail Transit Agency will take to minimize, control, correct, or eliminate risks and hazards, and the schedule for implementing those actions. The State Safety Oversight Agency or FTA may require a Rail Transit Agency to develop and carry out a corrective action plan.
Department. The Department of Public Utilities, Commonwealth of Massachusetts.
Derailment. A non-collision Incident in which one or more wheels of a transit vehicle unintentionally leaves the rails.
Electronic Device. Wireless or portable electronic handheld equipment that may be hands-free or not. This includes, but is not limited to, cellular phones, smartphones, two-way pagers, portable internet devices, MP3 players, iPods, Bluetooth devices or any headphones or earbuds of any type, and any other portable electronic devices.
Event. An Accident, Incident or Occurrence.
FRA. The Federal Railroad Administration, an agency within the U.S. Department of Transportation.
FTA. The Federal Transit Administration, an agency within the U.S. Department of Transportation.
Hazard. Any real or potential condition that can cause injury, illness, or death; damage to or loss of the facilities, equipment, rolling stock, or infrastructure of a rail fixed guideway public transportation system; or damage to the environment.
Incident. An event that involves any of the following: a personal injury that is not a serious injury; one or more injuries requiring medical transport; or damage to facilities, equipment, rolling stock, or infrastructure that disrupts the operations of a rail transit agency. An incident must be reported to FTA's National Transit Database in accordance with the thresholds for reporting set forth in 49 CFR Part 674, Appendix A.
Investigation. The process of determining the causal and contributing factors of an accident, incident, or hazard, for the purposes of preventing recurrence and mitigating risk.
National Public Transportation Safety Plan. The plan to improve the safety of all public transportation systems that receive Federal financial assistance under 49 U.S.C. c. 53.
NTSB. The National Transportation Safety Board, an independent Federal agency.
Occurrence. An Event without any personal injury in which any damage to facilities, equipment, rolling stock, or infrastructure does not disrupt the operations of a rail transit agency.
Operator. A Transportation Authority Motorperson, Yard Motorperson and Streetcar Motorperson, whether working as a Pilot or Trailer, who is on duty and on his or her train or streetcar.
Order. A final decision of the Department. The Transportation Authority may appeal an Order pursuant to 220 CMR 1.00: Procedural Rules.
Oversight Agency. The entity, other than the rail transit agency, designated by the state to implement 49 CFR Part 674.
Passenger. A person who is on board, boarding, or alighting from a rail transit vehicle for the purpose of travel.
Passenger Operations. The period of time when any aspect of rail transit agency operations are initiated with the intent to carry passengers.
Person. A passenger, employee, contractor, pedestrian, trespasser, or individual on the property of a rail fixed guideway public transportation system.
Program Manager. The single, identifiable individual employed by the Department who has ultimate responsibility for managing the State Safety Oversight Program.
Program Standard. A written document developed and approved by the State Safety Oversight Agency, that describes the policies, objectives, responsibilities, and procedures used to provide rail transit agency safety oversight.
Public Transportation Agency Safety Plan (PTASP). The comprehensive agency safety plan for a transit agency, including a Rail Transit Agency, that is required by 49 U.S.C. 5329(d) and based on a Safety Management System. Until one year after the effective date of 49 CFR Part 673, Public Transportation Agency Safety Plans, a System Safety Program Plan (SSPP) developed pursuant to 49 CFR Part 659 will serve as the rail transit agency's safety plan.
Public Transportation Safety Certification Training Program. Either the certification training program for Federal and State employees, or other designated personnel, who conduct safety audits and examinations of public transportation systems, and employees of public transportation agencies directly responsible for safety oversight, established through interim provisions in accordance with 49 U.S.C. 5329(c)(2), or the program authorized by 49 U.S.C. 5329(c)(1).
Rail Fixed Guideway Public Transportation System (RFGPTS). Any fixed guideway system that uses rail, is operated for public transportation, is within the jurisdiction of a State, and is not subject to the jurisdiction of the Federal Railroad Administration, or any such system in engineering or construction. Rail fixed guideway public transportation systems include, but are not limited to, rapid rail, heavy rail, light rail, monorail, trolley, inclined plane, funicular, and automated guideway.
Rail Transit Agency (RTA). Any entity that provides services on a rail fixed guideway public transportation system.
Rail Transit-controlled Property. Property that is used by the rail transit agency and may be owned, leased, or maintained by the rail transit agency.
Rail Transit Vehicle. The rail transit agency's rolling stock including, but not limited to, passenger and maintenance vehicles.
Risk. The composite of predicted severity and likelihood of the potential effect of a hazard.
Risk Assessment Code. The terminology, reviewed and approved by the Department, used for the characterization of risk such as high, serious, medium, or low based on hazard severity and probability of occurrence.
Risk Assessment Matrix. An indicator of the correlation among the categories of:
(a) severity of conditions that may endanger human life or property; and
(b) the patterns of frequency of the occurrence of the hazardous condition.
The matrix, reviewed and approved by the State Safety Oversight Agency, classifies the degree of risk, and also provides a guideline for reporting of an occurrence and subsequent action for hazard resolution.
Risk Mitigation. A method or methods to eliminate or reduce the effects of hazards.
Safety. Freedom from harm resulting from unintentional acts or circumstances.
Safety Management Systems (SMS). A formal, top-down, organization-wide, data-driven approach to managing safety risks and assuring the effectiveness of safety risk mitigations. SMS includes systematic procedures, practices, and policies for managing risks and hazards.
Safety Risk Management. A process within a Rail Transit Agency's Safety Plan for identifying hazards and analyzing, assessing, and mitigating safety risk.
Serious Injury. Any injury which:
(a) requires hospitalization for more than 48 hours, commencing within seven days from the date that the injury was received;
(b) results in a fracture of any bone (except simple fractures of fingers, toes, or nose);
(c) causes severe hemorrhages, nerve, muscle, or tendon damage;
(d) involves any internal organ; or
(e) involves second- or third-degree burns, or any burns affecting more than 5% of the body surface.
Standard Operating Guideline Manual. The policies and procedures established by the State Safety Oversight Agency to implement the Program Standard.
State. A State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands.
State Safety Oversight Agency (SSOA). An agency established by a State that meets the requirements and performs the functions specified by 49 U.S.C. 5329(e) and 49 CFR Part 674. The Department is the SSOA for the Commonwealth of Massachusetts.
System Safety Program Plan (SSPP). A document developed and approved by the rail transit agency, describing its safety policies, objectives, responsibilities, and procedures. Until one year after the effective date of 49 CFR Part 673, Public Transportation Agency Safety Plans, the SSPP developed pursuant to 49 CFR Part 659 will serve as the rail transit agency's safety plan.
Transportation Authority. Massachusetts Bay Transportation Authority, the RTA in the Commonwealth of Massachusetts.
Unannounced On-site Oversight Activity. That, as further outlined in Department's Standard Operating Guideline Manual, at any time or place, and without advanced warning, the Department may enter Rail Transit Agency-controlled property to conduct inspections, audits, observations, and investigations to determine whether the Rail Transit Agency is complying with 49 CFR Part 674, applicable regulations, Department policies and procedures, and the Transportation Authority's operation and safety procedures.
Vehicle. Any rolling stock used on a rail fixed guideway public transportation system including, but not limited to, passenger and maintenance vehicles.
