Skip to Content

We invite you to try out our new beta eCFR site at We’ve made big changes to make the eCFR easier to use. Be sure to leave feedback using the 'Help' button on the bottom right of each page!


Protecting Public Transportation Operators From the Risk of Assault

Document Details

Information about this document as published in the Federal Register.

Document Statistics
Document page views are updated periodically throughout the day and are cumulative counts for this document. Counts are subject to sampling, reprocessing and revision (up or down) throughout the day.
Enhanced Content

Relevant information about this document from provides additional context. This information is not part of the official Federal Register document.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

Start Preamble


Federal Transit Administration (FTA), DOT.




This notice alerts transit agencies to the need to address the risk of transit operator assault when identified through the processes required under the Public Transportation Agency Safety Plan (PTASP) regulation. The PTASP regulation requires transit agencies to develop and implement Safety Management Systems (SMS) and associated processes for all elements of a public transportation system. In cases where transit agencies discover a risk of operator assault, the PTASP regulation requires agencies as part of their SMS processes to develop methods or processes to identify mitigations or strategies necessary as a result of the agency's safety risk assessment. The agency would use these methods or processes to reduce the likelihood and severity of occurrences of operator assault, based on the agency's analysis of the risk.

Start Further Info


For general information, contact For program matters, contact Adrianne Malasky, Office of Transit Safety and Oversight, (202) 366-1783 or For legal matters, contact Richard Wong, Office of Chief Counsel, (202) 366-4011 or Office hours are from 8:30 a.m. to 5:00 p.m. Eastern, Monday through Friday, except Federal holidays.

End Further Info End Preamble Start Supplemental Information


Section 3022(a) of the Fixing America's Surface Transportation (FAST) Act (Pub. L. 114-94) directs FTA to issue a notice of proposed rulemaking (NPRM) on protecting public transportation operators from the risk of assault. Section 3022(b) requires that FTA in the proposed rulemaking consider the different safety needs of drivers of different modes, differences in operating environments, the use of technology to mitigate driver assault risks, existing experience, and the impact of the rule on future rolling stock procurements and vehicles currently in revenue service.

The recently promulgated PTASP regulation, 49 CFR part 673 (83 FR 34418 (July 19, 2018)), addresses the risk of transit operator assault and makes issuing a separate NPRM on this subject unnecessary. The PTASP regulation requires transit agencies to develop and implement SMS processes, which include identifying safety hazards, assessing the related safety risks, and then establishing methods of risk mitigation. Through these processes, transit agencies may discover various safety needs of transit workers, such as the risk of operator assault, based on their specific operating environments. Where instances of operator assault are identified, transit agencies should, as required by the PTASP regulation, take steps to identify mitigations or strategies necessary to reduce the likelihood and severity of occurrences of operator assault. The PTASP regulation itself is not included in this notice; an electronic version may be found on FTA's website at​PTASP.

In adopting SMS processes as part of the PTASP regulation, FTA took into account considerations consistent with Section 3022(b) of the FAST Act, because SMS requires steps tailored to the needs of each operating environment. The preamble to the PTASP regulation referenced future regulatory activities to address transit operator assault. After considering alternatives, FTA has determined that the PTASP regulation is the best approach to achieving the statutory objective of protecting public transportation operators from the risk of assault, and that any additional rulemaking would be redundant. This document also serves to provide notice of the termination of the associated Regulatory Identification Number for the NPRM, 2132-AB30.

Start Signature

K. Jane Williams,

Acting Administrator.

End Signature End Supplemental Information

[FR Doc. 2019-10281 Filed 5-23-19; 8:45 am]