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Code of Colorado Regulations eDocket
Official Publication of the State Administrative Rules (24-4-103(11) C.R.S.)

Details of Tracking Number   2018-00067


CCR details

Tracking Number 2018-00067
Type of Filing Emergency
Department 700 Department of Regulatory Agencies
Agency 723 Public Utilities Commission
CCR Number 4 CCR 723-7
CCR Title RULES REGULATING RAILROADS, RAIL FIXED GUIDEWAYS, TRANSPORTATION BY RAIL, AND RAIL CROSSINGS

Proposed rule

Rule
Additional Information
Statutory Authority Section 24-4-103(6)(a), C.R.S.
Applicable Federal Provisions New Federal Transit Administration (FTA) SSO Rules found at 49 Code of Federal Regulations (CFR) Part 674 (Part 674), the System Safety Program Plan requirements of 49 CFR Part 659.19 (Part 659.19) that will be in place until one year after the implementation of the Public Transportation Agency Safety Plan (PTASP) rules that will be codified at 49 CFR Part 673, and the draft PTASP rules that are proposed to be codified at 49 CFR Part 673 (Proposed Part 673).
Purpose/Objective of Rule We adopt temporary rules to implement the new State Safety Oversight (SSO) Program Standard for Rail Fixed Guideway Systems (Program Standard) pursuant to the procedures prescribed in § 24-4-103(6)(a), C.R.S. These temporary rules implement the new Program Standard requirements of the “Moving Ahead for Progress in the 21st Century Act” (MAP-21), new Federal Transit Administration (FTA) SSO Rules found at 49 Code of Federal Regulations (CFR) Part 674 (Part 674), the System Safety Program Plan requirements of 49 CFR Part 659.19 (Part 659.19) that will be in place until one year after the implementation of the Public Transportation Agency Safety Plan (PTASP) rules that will be codified at 49 CFR Part 673, and the draft PTASP rules that are proposed to be codified at 49 CFR Part 673 (Proposed Part 673). In accordance with § 40-2-108(2), C.R.S., these temporary rules are effective for 210 days from the effective date of this Decision, or until the Commission issues permanent rules in this matter.
Basis And Purpose BasisAndPurposeAttachment2018-00067.pdf
Comments Colorado is prohibited from submitting its application for Part 674 certification until the new Program Standard is in place. FTA has indicated that it prefers applications for certification be filed no later than April 15, 2018, with an absolute submission deadline of September 30, 2018. If Colorado fails to achieve Part 674 certification by the April 15, 2019 compliance deadline, Colorado risks having approximately $750 million in transit funds withheld until certification is achieved. This withholding of funds affects every FTA transit grant in Colorado from grants to small, rural rubber tire transit agencies to all funds received by the Denver Regional Transportation District for use in its transit construction and operations.
Submitted in response to issues raised by COLS/OLLS? No
Is this rule adopted in response to recent legislation? No
Contact Name Pamela Fischhaber
Contact Title Rail Transit Safety Section Chief
Contact Telephone 303-894-2529
Contact email pamela.fischhaber@state.co.us

Adopted rule

Adopted Rules AdoptedRules02018-00067.doc
Redline Redline2018-00067.pdf
Emergency Justification EmergencyJustificationPathAttach2018-00067.doc
Adopted Date 02/15/2018
Emergency AGO requested date 02/15/2018
Attorney General Opinion 03/01/2018
Colorado Register publication date 03/25/2018
Effective Date 02/15/2018
Inserted into CCR 03/05/2018
  
  
  
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