The FTA has reviewed the Right of Way (ROW) Rules Compliance and Safety Work Plan (Work Plan) that was submitted by the Massachusetts Bay Transportation Authority (MBTA) on May 5, 2023. This Work Plan is in response to the Immediate Action Letter the FTA sent to the MBTA on April 18, 2023. The Work Plan was deemed insufficient and must be resubmitted.

The MBTA’s submitted Work Plan includes efforts to develop a long-term plan to strengthen protections for workers and contractors on the rail transit system, including items with completion dates in late 2023 and 2024. Given the immediate risk to worker safety on the ROW, FTA requires direct and focused actions. The MBTA must resubmit the Work Plan by June 5, 2023, with revisions that address and implement ROW safety processes and procedures within the next 60 days.

FTA will schedule a follow-up meeting with the MBTA within the next seven days. During this meeting, FTA will work with the MBTA team to identify and distinguish between the immediate actions that will be reviewed, approved, and tracked from the longer-term actions that the MBTA may take. If the MBTA fails to appropriately revise the Work Plan and comply with the other requirements of the April 18 letter, ROW access will be prohibited.