Section 151.01 - Purpose and Scope(1)220 CMR 151.00 establishes the standard of the Commonwealth of Massachusetts oversight required to implement the provisions of 49 U.S.C. 5329(e), 49 U.S.C. 5330, and 49 CFR Part 674, Rail Fixed Guideway Systems, State Safety Oversight.(2)220 CMR 151.00 is applicable to the Massachusetts Bay Transportation Authority (Transportation Authority), the transit agency operating rail fixed guideway systems in the Commonwealth of Massachusetts.(3) The Department of Public Utilities (Department) exercises jurisdiction over safety of equipment and operations of the Transportation Authority pursuant to M.G.L. c. 161A, § 3(i). In addition, pursuant to 49 CFR Part 674, the Department has authority to investigate any allegation of noncompliance with the Public Transportation Agency Safety Plan.(4) Pursuant to 49 CFR Part 674, the Department is responsible for establishing minimum standards for rail safety practices and procedures to be used by the Transportation Authority. The Department's program standard is consistent with the National Public Transportation Safety Plan, the Public Transportation Safety Certification Training Program, and the rules for Public Transportation Agency Safety Plans. In addition, the Department must oversee the execution of these practices and procedures to ensure compliance with the provisions of 49 CFR Part 674.(5) The Department and the Transportation Authority shall meet quarterly, during the months of January, April, July, and October, to discuss safety concerns.(6) The Department and the Accountable Executive of the Transportation Authority shall meet at least annually.(7) The Department and the Board of Directors of the Transportation Authority shall meet at least annually.(8) The Department and the Chief Safety Officer of the Transportation Authority shall meet at least monthly.(9) Where revisions are necessary to 220 CMR 151.00, the Department will conduct a rulemaking proceeding, in accordance with M.G.L. c. 30A §§ 1 through 6A, 950 CMR 20.00: Preparing and Filing Regulations and 220 CMR 2.00: Rules for Adopting, Amending, or Repealing Regulations and for Issuing Advisory Rulings, to amend 220 CMR 151.00. The Department will submit the amended System Safety Program Standard to the Transportation Authority within 30 days of Department promulgation. The Transportation Authority must acknowledge within one business day receipt of the amended System Safety Program Standard in writing and provide a schedule for implementation in its System Safety Program Plan or Public Transportation Agency Safety Plan within 60 days thereof.(10) The Department and the Transportation Authority operate as legally and financially independent agencies. There is an absolute funding prohibition between the Department and the Transportation Authority.(11) The Department does not employ any individual who is also responsible for administering, or providing services to, the Transportation Authority.(12) The Department shall submit an annual report summarizing the oversight activities related to the Transportation Authority of the safety of the rail fixed guideway system to the Governor of the Commonwealth of Massachusetts, the Federal Transit Administration, and the board of directors of the Transportation Authority.Amended by Mass Register Issue 1354, eff. 12/15/2017.