Legal Issues in Public Transit Emergency Planning and Operation (2013) / Chapter Skim
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4 and reroutes. These are more mundane "emergencies" that operators have dealt with since the inception of public transit service.
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5 KEY HOMELAND SECURITY PLANNING LAWS, REGULATIONS, PROGRAMS, AND EVENTS 11/1988 Robert T Stafford Act enacted Created disaster and hazard mitigation public assistance programs.
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6 1. Robert T
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7 • The President directs the Secretary to assume responsibility for managing the domestic incident. HSPD-5 also recognized the roles that state, tribal, and local governments; nongovernmental organizations; and the private sector play in managing incidents.
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8 6. NRP and NRF NRP is a specific application of NIMS and is the successor to the Federal Response Plan.17 HSPD-5 mandated that a NRP plan be developed to integrate "federal government domestic prevention, preparedness, response, and recovery plans into one all-discipline, all-hazards plan."18 As per HSPD-5, the NRP states that all incidents are initially and primarily handled at the lowest possible organizational and jurisdictional level.
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9 Figure 1. National Response Plan.20 NIMS provided the doctrine, concepts, principles, terminology, and organizational processes needed for effective, efficient, and collaborative incident management at all levels.
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10 7. Homeland Security Presidential Directive-8 (HSPD-8)
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11 opment of a National Preparedness Goal (NPG) , federal, state, and local agencies were directed to focus on the development of core capabilities and resilience, not necessarily based on specific catastrophic scenarios as previously recommended.
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12 Table 2. Transit Emergency Planning Laws, Regulations, and Programs.
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13 1. FTA Rail Fixed Guideway State Safety Oversight In response to public concern regarding the potential for catastrophic accidents and incidents on rail transit systems, the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA)
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14 struction process for major capital projects. Major capital projects are defined as projects that: • Involve the construction of a new fixed guideway or extension of an existing fixed guideway; • Involve the rehabilitation or modernization of an existing fixed guideway with a total project cost in excess of $100 million; or • The FTA Administrator determines it is a major capital project because the project management oversight program will benefit specifically the agency or the recipient.48 The PMO requirements allow for the monitoring of budget, schedule, and progress of an agreed-upon project design and such design's construction.49 The details of a grantee's project approach, design, schedule, budget, project personnel, and project processes and procedures are to be detailed in a PMP for the project to be funded.50 As part of the PMP, FTA also requires that an SSMP be developed and implemented.51 The PMP and SSMP can be considered pre-revenue service cousins to the SSPP and the SSEP, respectively (explained more thoroughly in Section III)
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15 provides funding to states for the purpose of assisting state or local authorities, private nonprofit groups, or public transit systems in meeting the transportation needs of elderly individuals and individuals with disabilities. The Secretary may make grants to 1)
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16 is authorized to provide public transportation service under appropriate local, state and federal law."70 The exemption also allows for waiver of the charter rules for actions taken prior to a formal declaration to respond to an emergency situation. If the emergency lasts more than 45 days, the recipient shall follow the FTA's general rules waiver procedures (see FTA Emergency Procedures for Public Transit below)
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17 senger rail operators to develop an SSPP.88 The rule would be established to satisfy the statutory mandate contained in Sections 103 and 109 of the Rail Safety Improvement Act of 200889 for passenger rail systems to develop risk reduction programs. Many components of the proposed rule are modeled after elements in APTA's Manual for the Development of System Safety Program Plans for Commuter Railroads90 and thus would be similar to FTA's general standards for SSPPs.
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18 • Security systems and equipment maintenance. • Security measures for access control, including designated passenger access areas and employee access areas.
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19 Recognizing that the ADA did not specifically refer to the development of emergency plans, President Bush issued Executive Order 13347, Individuals with Disabilities in Emergency Preparedness,123 on July 22, 2004. This Executive Order directed the federal government to work together with state, local, and tribal governments, as well as private organizations, to appropriately address the safety and security needs of people with disabilities in emergency situations.
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