(a) Purpose. Title 49 U.S.C. §5329, authorizes the Secretary of the U.S. DOT to create and implement a National Public Transportation Safety Plan. Recipients must implement transit safety plans.     
      (b) Affected agencies. A recipient of §5307 Urbanized Area Formula Grants must comply with 49 U.S.C. §5329.     
      (c) Department role. As the certifying agency the department will:      
        (1) draft and certify a public transportation agency safety plan for each transit system defined as a small public transportation provider under 49 C.F.R. Part 673.5;       
        (2) provide small public transportation providers the ability to develop their own plan by opting out of a state prepared plan; and       
        (3) annually certify all small public transportation provider safety plans for compliance with 49 C.F.R. Part 673 requirements regardless of whether they opt out of the department's drafting effort.       
      (d) Small public transportation provider. A small public transportation provider must, by July 20, 2020, establish a public transportation agency safety plan that meets the requirements of 49 C.F.R. Part 673, and that at a minimum, satisfies the requirements of this subsection.      
        (1) The public transportation agency safety plan, and subsequent updates, must be signed by the accountable executive and approved by the agency's board of directors, or an equivalent authority.       
        (2) The public transportation agency safety plan must document the processes and activities related to safety management system implementation.       
        (3) The public transportation agency safety plan must include performance targets based on the safety performance measures established under the National Public Transportation Safety Plan.       
        (4) The public transportation agency safety plan must address all applicable requirements and standards as set forth in the FTA's Public Transportation Safety Plan. Compliance with the minimum safety performance standards authorized under 49 U.S.C. §5329(b)(2)(C) is not required until standards have been established through the public notice and comment process.       
        (5) Each transit agency must establish a process and timeline for conducting an annual review and update of the public transportation agency safety plan.       
        (6) A transit agency must maintain its public transportation agency safety plan in accordance with the recordkeeping requirements in 49 C.F.R. 673, Subpart D, Safety Plan Documentation and Recordkeeping.       
     Source Note:        The provisions of this §31.38 adopted to be effective November 21, 2013, 38 TexReg 8253; amended to be effective February 19, 2020, 45 TexReg 1044