WHEREAS, on
December 18, 1991, the United States Congress enacted P.L. 102-240,
entitled the "Intermodal Surface Transportation Efficiency Act of
1991" and added section 28 to the Federal Transit Act (codified
at 49 U.S.C. 1994) which required the Federal Transit Administration
to issue regulations creating a state oversight program for rail
fixed guideway systems; and
WHEREAS, on
December 27, 1995, the Federal Transit Administration promulgated
a final rule codified at 49 CFR Part 659, and entitled, Rail Fixed
Guideway Systems; State Safety Oversight; Final Rule; and
WHEREAS, these
federal regulations require each state having an operational fixed
guideway system that is not regulated by the Federal Railroad Administration
(FRA) to designate a State Oversight Agency to be responsible for
overseeing the rail fixed guideway system's safety practices; and
WHEREAS, the
designated State safety oversight agency must develop fixed guideway
system safety oversight standards, investigate accidents and hazardous
conditions, and conduct periodic safety audits; and
WHEREAS, the
State safety oversight agency must make annual reports and certify
compliance to the Federal Transit Administration (FTA) of the State's
progress in safety oversight, or the State risks loss of up to 5
percent of a fiscal year*s apportionment of federal funding under
FTA's formula program for urbanized areas;
NOW, THEREFORE,
I, CHRISTINE TODD WHITMAN, Governor of the State of New Jersey,
by virtue of the authority vested in me by the Constitution and
by the Statutes of this State, do hereby ORDER and DIRECT:
1. The New
Jersey Department of Transportation (NJDOT) is hereby designated
as the agency to carry out the provisions of the FTA's State Safety
Oversight of Fixed Guideway Systems in the State of New Jersey.
It is empowered to protect and promote the public health, safety
and welfare and is responsible for the oversight of Fixed Guideway
Systems not regulated by the Federal Railroad Administration (FRA).
2. The NJDOT
shall carry out its responsibilities as directed by and in compliance
with 49 CFR Part 659, and shall promulgate Fixed Guideway Safety
Standards for use by agencies in developing their safety programs.
3. The NJDOT
is authorized to enter into such agreements and delegate its powers
as necessary to effectuate the purposes of this Order.
4. Each
light, heavy, rail rapid transit system, monorail, inclined plane,
funicular, trolly, street car, or automated guideway (people mover)
that is not regulated by the FRA and is operating within the State
of New Jersey, or between the State of New Jersey and adjoining
states, shall comply with the NJDOT Standards for Fixed Guideway
Safety Oversight as established by the NJDOT and shall comply
with all NJDOT rules, directives, and requirements issued pursuant
thereto.
5. This
Order shall take effect immediately.
GIVEN,
under my hand and seal
this 31st day of January in the Year
of Our Lord, One Thousand Nine
Hundred and Ninety Seven, and of
the Independence of the United States,
the Two Hundred and Twenty-First.
/s/
Christine Todd Whitman
Governor
Attest:
/s/ Michael
P. Torpey
Chief Counsel to the Governor
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