Section 765 Of Article 3. Equipment, Practices, And Facilities From California Public Utilities Code >> Division 1. >> Part 1. >> Chapter 4. >> Article 3.
765
. (a) When the federal National Transportation Safety Board
(NTSB) submits a safety recommendation letter concerning rail safety
to the commission, the commission shall provide the NTSB with a
formal written response to each recommendation no later than 90 days
after receiving the letter. The response shall state one of the
following:
(1) The commission's intent to implement the recommendations in
full, with a proposed timetable for implementation of the
recommendations.
(2) The commission's intent to implement part of the
recommendations, with a proposed timetable for implementation of
those recommendations, and detailed reasons for the commission's
refusal to implement those recommendations that the commission does
not intend to implement.
(3) The commission's refusal to implement the recommendations,
with detailed reasons for the commission's refusal to implement the
recommendations.
(b) If the NTSB issues a safety recommendation letter concerning
any commission-regulated rail facility to the United States
Department of Transportation, the Federal Transit Administration, a
commission-regulated rail operator, or the commission, or if the
Federal Transit Administration issues a safety advisory concerning
any commission-regulated rail facility, the commission shall
determine if implementation of the recommendation or advisory is
appropriate. The basis for the commission's determination shall be
detailed in writing and shall be approved by a majority vote of the
commission.
(c) If the commission determines that a safety recommendation made
by the NTSB is appropriate, or that action concerning a safety
advisory is necessary, the commission shall issue orders or adopt
rules to implement the safety recommendation or advisory as soon as
practicable. In implementing the safety recommendation or advisory,
the commission shall consider whether a more effective, or equally
effective and less costly, alternative exists to address the safety
issue that the recommendation or advisory addresses.