State of New Jersey
Executive Order #65

Governor Christine Todd Whitman

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


/s/ Michael P. Torpey
Chief Counsel to the Governor