Training, Qualification, and Oversight for Safety-Related Railroad Employees, 10-14 [2019-28301]

Download as PDF 10 Federal Register / Vol. 85, No. 1 / Thursday, January 2, 2020 / Rules and Regulations track)’’ should read ‘‘(or payment models within a track)’’. 4. On page 62932, second column, third full paragraph, lines 15 through 17, that reads ‘‘(a)(15); the lone amendment to § 424.535 is the addition of paragraph (a)(22).’’ is corrected to read ‘‘(a)(15); the only amendments to § 424.535 are our previously mentioned revision to paragraph (a)(14) and the addition of paragraph (a)(22).’’. 5. On page 62972, third column, last paragraph, lines 20 through 21, that reads ‘‘Hospitalists, medical oncologists, and radiation specialties’’ is corrected to read ‘‘Hospitalists and radiation oncologists,’’. 6. On page 62973, first column, first partial paragraph, lines 4 through 7, that reads ‘‘Other oncology specialties, including hematology oncology, medical oncology, gynecological oncology, and rheumatology’ is corrected to read ‘‘Rheumatology and other oncology specialties, including hematology oncology, medical oncology, and gynecological oncology,’’. B. Correction of Errors in the Regulatory Text § 403.902 [Corrected] 1. On page 63185, in the third column, amendatory instruction 2.b. is corrected to read ‘‘In the definition of ‘‘Covered recipient’’ by revising paragraph (1). ■ C. Correction of Errors in the Addenda lotter on DSKBCFDHB2PROD with RULES 1. On page 63205, the title ‘‘TABLE Group A: New Quality Measures Finalized for the 2022 MIPS Payment Year and Future Years’’ is corrected to read: ‘‘TABLE Group A: New Quality Measures Finalized and Not Finalized for the 2022 MIPS Payment Year and Future Years’’. 2. On page 63212, the title ‘‘TABLE Group AA: New Quality Measures Finalized for the 2023 MIPS Payment Year and Future Years’’ is corrected to read: ‘‘TABLE Group AA: New Quality Measure Not Finalized for the 2023 MIPS Payment Year and Future Years’’. 3. On page 63438, the last sentence of Table D.12 is corrected by replacing ‘‘Q112’’ with ‘‘Q113’’. 4. On page 63516, the Activity ID entry ‘‘IA_CC_18’’ is corrected to read ‘‘IA_CC_19’’. 5. On pages 63539 through 63563, the second occurrence of Appendix 2 is removed. Dated: December 19, 2019. Ann C. Agnew, Executive Secretary to the Department, Department of Health and Human Services. [FR Doc. 2019–28005 Filed 12–30–19; 4:15 pm] BILLING CODE 4120–01–P VerDate Sep<11>2014 15:41 Dec 31, 2019 Jkt 250001 DEPARTMENT OF TRANSPORTATION Federal Railroad Administration 49 CFR Part 243 [Docket No. FRA–2019–0095, Notice No. 2] RIN 2130–AC86 Training, Qualification, and Oversight for Safety-Related Railroad Employees Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: In response to a petition for rulemaking, FRA is amending its regulation on Training, Qualification, and Oversight for Safety-Related Railroad Employees by delaying the regulation’s implementation dates for all contractors, and those Class II and III railroads that are not intercity or commuter passenger railroads with 400,000 total employee work hours annually or more. DATES: This regulation is effective December 30, 2019. ADDRESSES: For access to the docket to read background documents or submissions received, go to https:// www.regulations.gov at any time or to Room W12–140 on the Ground level of the West Building, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m. Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Robert J. Castiglione, Staff Director— Human Performance Division, Federal Railroad Administration, 4100 International Plaza, Suite 450, Fort Worth, TX 76109–4820 (telephone: 817– 447–2715); or Alan H. Nagler, Senior Attorney, Federal Railroad Administration, Office of Chief Counsel, 1200 New Jersey Avenue SE, Washington, DC 20590 (telephone: 202– 493–6038). SUPPLEMENTARY INFORMATION: SUMMARY: I. Executive Summary On November 7, 2014, FRA published a final rule (2014 Final Rule) that established minimum training standards for each category and subcategory of safety-related railroad employees and required railroad carriers, contractors, and subcontractors to submit training programs to FRA for approval. See 79 FR 66459. The 2014 Final Rule was required by section 401(a) of the Rail Safety Improvement Act of 2008 (RSIA), Public Law 110–432, 122 Stat. 4883 (Oct. 16, 2008), codified at 49 U.S.C. 20162. The Secretary of Transportation delegated the authority to conduct this PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 rulemaking and implement the rule to the Federal Railroad Administrator. 49 CFR 1.89(b). On May 3, 2017, FRA delayed implementation dates in the 2014 Final Rule by one year. On April 27, 2018, FRA responded to a petition for reconsideration of that May 2017 rule by granting the American Short Line and Regional Railroad Association’s (ASLRRA) request to delay the implementation dates by an additional year. On June 27 and July 12, 2019, ASLRRA and the National Railroad Construction and Maintenance Association, Inc. (NRC) (collectively Associations) filed petitions for rulemaking that were docketed in DOT’s Docket Management System as FRA– 2019–0050. The Associations’ petitions request that FRA delay implementation and make several substantive changes to the part 243 regulation. On November 22, 2019, FRA published a notice of proposed rulemaking (NPRM) describing the Associations’ petitions and responding to the request to delay implementation. 84 FR 64447. FRA proposed to delay the implementation dates in the rule for all contractors, and those Class II and III railroads that are not intercity or commuter passenger railroads with 400,000 total employee work hours annually or more. In the NPRM, FRA explained how its response is specifically targeted to equalize the implementation dates for those employers most likely to adopt model programs rather than develop their own programs. FRA also announced that it is considering whether to initiate a separate rulemaking which would be limited to amending FRA’s training regulation so that the regulatory text includes the latest guidance that is intended to help small entities and other users of model training programs. Although these two rulemakings would be separate, FRA explained in the NPRM that they would be complementary in that, without any changes to the implementation dates, the targeted employers might not understand that the regulation contains more flexibility than is commonly understood or they may not feel comfortable following the guidance believing there is regulatory uncertainty. II. Discussion of Comments and Conclusions FRA received six written comments in response to the NPRM. FRA did not receive a request for a public hearing and none was provided. A comment was filed jointly by ASLRRA and NRC in support of E:\FR\FM\02JAR1.SGM 02JAR1 Federal Register / Vol. 85, No. 1 / Thursday, January 2, 2020 / Rules and Regulations lotter on DSKBCFDHB2PROD with RULES finalizing the proposed rule. The Associations believe the extension and date alignment for Class II and III railroads and contractors will reduce confusion, especially for those companies with multiple operations. Additionally, the Associations express support for FRA to take up other aspects of their petitions for rulemaking and propose additional revisions to part 243 in future rulemakings. Several comments from interested citizens were submitted. The most specific of these comments was against delaying the rule’s implementation dates for refresher training citing the importance of the training. Other comments were more general in nature. A few commenters supported the NPRM, or did not express an opinion about the NPRM, while expressing a positive opinion about the part 243 training regulation generally. Another commenter supported the rulemaking, expressing that FRA should provide the flexibility necessary to best accommodate railroad workers. FRA’s Response FRA initiated this rulemaking in response to ASLRRA and NRC’s petitions for rulemaking, and the comment from the Associations, along with other commenters, expresses support for the NPRM. Moreover, none of the other comments raise significant safety concerns which would dictate against finalizing the proposed rule. Thus, FRA is amending part 243 as proposed. As discussed further below, FRA is revising the part 243 regulation to reclassify those employers that FRA anticipates will likely adopt a model program so that they have the same implementation deadlines as the small entities subject to the regulation. In this regard, the Class II and III railroads and the contractors who will get relief provide training and operations in a manner more similar to that of a small entity than a Class I railroad. Treating this remainder group of employers in the same manner as the small entities would therefore reflect a more consistent approach to those employers adopting model programs, thereby justifying the delay in the implementation schedule. The final rule’s implementation date delays will not impact Class I railroads, and those commuter and intercity passenger railroads with 400,000 total employee work hours annually or more. Because the first implementation submission deadline for the entities affected by this rule is January 1, 2020, it is imperative for this final rule to become effective immediately, before VerDate Sep<11>2014 15:41 Dec 31, 2019 Jkt 250001 that deadline is reached, to ensure the intended regulatory relief is provided. III. Section-by-Section Analysis Subpart B—Program Components and Approval Process Section 243.101 Required Employer Program FRA is amending the implementation date in § 243.101(a)(1) so that it is limited to Class I railroads, and those intercity or commuter passenger railroads with 400,000 total employee work hours annually or more. Also, FRA is amending this section so that all employers not covered by § 243.101(a)(1) will now be covered by § 243.101(a)(2), unless the employer is commencing operations after January 1, 2020, and will be covered by § 243.101(b). In other words, § 243.101(a)(1) will specifically except all contractors, and those Class II and III railroads that are not intercity or commuter passenger railroads with 400,000 total employee work hours annually or more, from complying with the January 1, 2020, training program submission implementation deadline. Instead, under § 243.101(a)(2), all contractors, and those Class II and III railroads that are not intercity or commuter passenger railroads with 400,000 total employee work hours annually or more, will be required to comply with a training program submission deadline of May 1, 2021; these entities will thus have an additional 16 months to submit a training program for their safety-related railroad employees. Nonetheless, FRA understands that many regulated entities are on schedule to meet the earlier, January 1, 2020, deadline, or submit training programs well within the additional 16 months granted by this final rule. For those regulated entities that are prepared to move forward in advance of any deadline in part 243, there is certainly no prohibition against doing so. FRA recognizes that implementing a compliant training program earlier than required should benefit the overall safety of those employers’ operations. Subpart C—Program Implementation and Oversight Requirements Section 243.201 Employee Qualification Requirements FRA is amending the implementation dates in § 243.101(a)(1) and (e)(1) so that they are limited to Class I railroads, and those intercity or commuter passenger railroads with 400,000 total employee work hours annually or more. Also, FRA is amending this section so that all PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 11 employers not covered by § 243.201(a)(1) and (e)(1) will now be covered by § 243.201(a)(2) and (e)(2). Please note that an employer commencing operations after January 1, 2020, will still be covered by § 243.201(b) and will be expected to implement a refresher training program upon commencing operations. IV. Regulatory Impact and Notices A. Executive Order 12866 and DOT Regulatory Policies and Procedures This final rule is a non-significant regulatory action within the meaning of Executive Order 12866 and DOT policies and procedures. See https:// www.transportation.gov/regulations/ 2018-dot-rulemaking-order. This rulemaking is a deregulatory action under Executive Order 13771, ‘‘Reducing Regulation and Controlling Regulatory Costs.’’ See 82 FR 9339, Jan. 30, 2017. As explained in the SUPPLEMENTARY INFORMATION section, FRA published the 2014 Final Rule to fulfill a statutory mandate. On May 3, 2017, FRA delayed implementation dates in the 2014 Final Rule by one year. On April 27, 2018, FRA responded to a petition for reconsideration of that May 2017 rule by granting the ASLRRA’s request to delay the implementation dates an additional year. FRA is issuing a final rule targeted to equalize the implementation dates for Class II railroads, Class III railroads, and contractors regardless of their annual employee work hours, with the exception of those intercity or commuter passenger railroads with 400,000 total employee work hours annually or more. With adoption of this final rule, these employers will have until May 1, 2021, to submit a training program to FRA instead of the previous January 1, 2020, deadline that was applicable to railroads (regardless of whether they were Class II or III railroads), and contractors with 400,000 annual employee work hours or more. FRA believes that the final rule will reduce the regulatory burden on the railroad industry by delaying the rule’s implementation dates. This final rule will extend the implementation deadlines for some regulated entities by a total of 16 months. This final rule will be beneficial for regulated entities by adding time for some railroads and contractors to comply. FRA is amending the training rule in part 243 to reclassify those employers that FRA anticipated in the 2014 Final Rule’s Regulatory Impact Analysis would likely adopt a model program so that the regulation will reflect a more consistent approach to those employers E:\FR\FM\02JAR1.SGM 02JAR1 lotter on DSKBCFDHB2PROD with RULES 12 Federal Register / Vol. 85, No. 1 / Thursday, January 2, 2020 / Rules and Regulations adopting model programs. Until the petitions for rulemaking were filed, FRA did not appreciate that the Class II and III railroads and the contractors who were not identified as small entities could be expected to encounter the same types of obstacles to training program implementation as that of a small entity. The final rule’s implementation date delay will not impact Class I railroads, and those commuter and intercity passenger railroads with 400,000 total employee work hours annually or more. However, this final rule will provide all contractors, and those Class II and III railroads that are not currently identified as small entities in part 243, or are not commuter or intercity passenger railroads with 400,000 total employee work hours annually or more, with an additional 16 months to submit a training program for their safetyrelated railroad employees. FRA is also amending part 243 so that those same employers get an additional 16 months to designate each of their existing safetyrelated railroad employees by occupational category or subcategory, and only permit designated employees to perform safety-related service in that occupational category or subcategory. In addition, the final rule will provide those same employers with one additional year to complete refresher training for each of their safety-related railroad employees. With this final rule, the training program submission date for Class II railroads, Class III railroads, and contractors regardless of their annual employee work hours, with the exception of those intercity or commuter passenger railroads with 400,000 total employee work hours annually or more, will be delayed from January 1, 2020, to a new implementation date of May 1, 2021; the designation of employee date will be delayed from September 1, 2020, to a new implementation date of January 1, 2022; and, the deadline for the first refresher training cycle will be delayed from December 31, 2024, to a new deadline of December 31, 2025. By delaying the implementation dates, all contractors, and those Class II and III railroads that are not intercity or commuter passenger railroads with 400,000 total employee work hours annually or more, will realize a cost savings. All contractors, and those Class II and III railroads that are not intercity or commuter passenger railroads with 400,000 total employee work hours annually or more, will not incur costs during the first 16 months of this analysis. Also, costs incurred in future years will be discounted an extra 16 VerDate Sep<11>2014 15:41 Dec 31, 2019 Jkt 250001 months, which will decrease the present value burden. The present value of costs will be less than if the original implementation dates were maintained. FRA has estimated this cost savings to be approximately $3.0 million, at a 7% discount rate, for impacted railroads and contractors that will experience relief as a result of this final rule. B. Regulatory Flexibility Determination The Regulatory Flexibility Act of 1980, 5 U.S.C. 601 et seq., and Executive Order 13272, 67 FR 53461 (Aug. 16, 2002), require agency review of proposed and final rules to assess their impact on small entities. An agency must prepare an initial regulatory flexibility analysis (IRFA) unless it determines and certifies that a rule, if promulgated, would not have a significant impact on a substantial number of small entities. Pursuant to the Regulatory Flexibility Act of 1980, 5 U.S.C. 605(b), the FRA Administrator certifies that this final rule will not have a significant economic impact on a substantial number of small entities. ‘‘Small entity’’ is defined in 5 U.S.C. 601 as including a small business concern that is independently owned and operated, and is not dominant in its field of operation. The U.S. Small Business Administration (SBA) has authority to regulate issues related to small businesses, and stipulates in its size standards that a ‘‘small entity’’ in the railroad industry is a for profit ‘‘linehaul railroad’’ that has fewer than 1,500 employees, a ‘‘short line railroad’’ with fewer than 500 employees, or a ‘‘commuter rail system’’ with annual receipts of less than 15 million dollars. See ‘‘Size Eligibility Provisions and Standards,’’ 13 CFR part 121, subpart A. Additionally, 5 U.S.C. 601(5) defines as ‘‘small entities’’ governments of cities, counties, towns, townships, villages, school districts, or special districts with populations less than 50,000. Federal agencies may adopt their own size standards for small entities, in consultation with SBA and in conjunction with public comment. Pursuant to that authority, FRA has published a final statement of agency policy that formally establishes ‘‘small entities’’ or ‘‘small businesses’’ as being railroads, contractors, and hazardous materials shippers that meet the revenue requirements of a Class III railroad as set forth in 49 CFR 1201.1–1, which is $20 million or less in inflation-adjusted annual revenues, and commuter railroads or small governmental jurisdictions that serve populations of 50,000 or less. See 68 FR 24891 (May 9, 2003), codified at appendix C to 49 CFR part 209. The $20-million limit is based PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 on the Surface Transportation Board’s revenue threshold for a Class III railroad. Railroad revenue is adjusted for inflation by applying a revenue deflator formula in accordance with 49 CFR 1201.1–1. FRA is using this definition for this rulemaking. The requirements of this final rule will apply to employers of safety-related railroad employees that FRA previously determined were not small entities. This final rule will have no direct impact on small units of government, businesses, or other organizations. State rail agencies are not required to participate in this program. State owned railroads that are subject to the relief provided by this final rule will receive a positive impact, if any impact. Therefore, the final rule will not impact any small entities. Pursuant to the Regulatory Flexibility Act, 5 U.S.C. 601(b), the FRA Administrator hereby certifies that this final rule will not have a significant impact on a substantial number of small entities. C. Paperwork Reduction Act There are no new collection of information requirements contained in this final rule and, in accordance with the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq., the recordkeeping and reporting requirements already contained in the 2014 Final Rule have been approved by OMB. The OMB approval number is OMB No. 2130–0597. Thus, FRA is not required to seek additional OMB approval under the Paperwork Reduction Act. D. Federalism Implications This final rule will not have a substantial effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Thus, in accordance with Executive Order 13132, ‘‘Federalism’’ (64 FR 43255, Aug. 10, 1999), preparation of a Federalism Assessment is not warranted. E. International Trade Impact Assessment The Trade Agreement Act of 1979 prohibits Federal agencies from engaging in any standards or related activities that create unnecessary obstacles to the foreign commerce of the United States. Legitimate domestic objectives, such as safety, are not considered unnecessary obstacles. The statute also requires consideration of international standards and where appropriate, that they be the basis for U.S. standards. E:\FR\FM\02JAR1.SGM 02JAR1 Federal Register / Vol. 85, No. 1 / Thursday, January 2, 2020 / Rules and Regulations This final rule is purely domestic in nature and is not expected to affect trade opportunities for U.S. firms doing business overseas or for foreign firms doing business in the United States. F. Environmental Impact FRA has evaluated this final rule in accordance with its ‘‘Procedures for Considering Environmental Impacts’’ (FRA’s Procedures) (64 FR 28545, May 26, 1999) as required by the National Environmental Policy Act (42 U.S.C. 4321 et seq.), other environmental statutes, Executive Orders, and related regulatory requirements. FRA has determined that this final rule is not a major FRA action, requiring the preparation of an environmental impact statement or environmental assessment, because it is categorically excluded from detailed environmental review pursuant to section 4(c)(20) of FRA’s Procedures. See 64 FR 28547 (May 26, 1999). In accordance with section 4(c) and (e) of FRA’s Procedures, the agency has further concluded that no extraordinary circumstances exist with respect to this final rule that might trigger the need for a more detailed environmental review. As a result, FRA finds that this final rule is not a major Federal action significantly affecting the quality of the human environment. lotter on DSKBCFDHB2PROD with RULES G. Unfunded Mandates Reform Act of 1995 Pursuant to section 201 of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4, 2 U.S.C. 1531), each Federal agency shall, unless otherwise prohibited by law, assess the effects of Federal regulatory actions on State, local, and tribal governments, and the private sector (other than to the extent that such regulations incorporate requirements specifically set forth in law). Section 202 of the Act (2 U.S.C. 1532) further requires that before promulgating any general notice of proposed rulemaking that is likely to result in the promulgation of any rule that includes any Federal mandate that may result in expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more (adjusted annually for inflation) in any 1 year, and before promulgating any final rule for which a general notice of proposed rulemaking was published, the agency shall prepare a written statement detailing the effect on State, local, and tribal governments and the private sector. This final rule will not result in such an expenditure, and thus preparation of such a statement is not required. VerDate Sep<11>2014 15:41 Dec 31, 2019 Jkt 250001 H. Energy Impact Executive Order 13211 requires Federal agencies to prepare a Statement of Energy Effects for any ‘‘significant energy action.’’ 66 FR 28355 (May 22, 2001). FRA evaluated this final rule in accordance with Executive Order 13211, and determined that this regulatory action is not a ‘‘significant energy action’’ within the meaning of the Executive Order. Executive Order 13783, ‘‘Promoting Energy Independence and Economic Growth,’’ requires Federal agencies to review regulations to determine whether they potentially burden the development or use of domestically produced energy resources, with particular attention to oil, natural gas, coal, and nuclear energy resources. 82 FR 16093 (Mar. 31, 2017). FRA determined this final rule will not burden the development or use of domestically produced energy resources. I. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), the Office of Information and Regulatory Affairs designated this rule as not a ‘‘major rule,’’ as defined by 5 U.S.C. 804(2). List of Subjects in 49 CFR Part 243 Administrative practice and procedure, Penalties, Railroad employees, Railroad safety, Reporting and recordkeeping requirements. The Final Rule For the reasons discussed in the preamble, FRA amends part 243 of chapter II, subtitle B of title 49 of the Code of Federal Regulations as follows: PART 243—TRAINING, QUALIFICATION, AND OVERSIGHT FOR SAFETY-RELATED RAILROAD EMPLOYEES—[AMENDED] 1. The authority citation for part 243 continues to read as follows: ■ Authority: 49 U.S.C. 20103, 20107, 20131– 20155, 20162, 20301–20306, 20701–20702, 21301–21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89. Subpart B—Program Components and Approval Process 2. In § 243.101 revise paragraph (a) to read as follows: ■ § 243.101 Employer program required. (a)(1) Effective January 1, 2020, each Class I railroad, and each intercity or commuter passenger railroad conducting operations subject to this part with 400,000 total employee work hours annually or more, shall submit, PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 13 adopt, and comply with a training program for its safety-related railroad employees. (2) Effective May 1, 2021, each employer conducting operations subject to this part not covered by paragraph (a)(1) of this section shall submit, adopt, and comply with a training program for its safety-related railroad employees. * * * * * Subpart C—Program Implementation and Oversight Requirements 3. In § 243.201, revise paragraphs (a)(1) and (2) and (e)(1) and (2) to read as follows: ■ § 243.201 Employee qualification requirements. (a) * * * (1) By no later than September 1, 2020, each Class I railroad, and each intercity or commuter passenger railroad conducting operations subject to this part with 400,000 total employee work hours annually or more in operation as of January 1, 2020, shall declare the designation of each of its existing safety-related railroad employees by occupational category or subcategory, and only permit designated employees to perform safety-related service in that occupational category or subcategory. The Associate Administrator may extend this period based on a written request. (2) By no later than January 1, 2022, each employer conducting operations subject to this part not covered by paragraph (a)(1) of this section in operation as of January 1, 2021, shall declare the designation of each of its existing safety-related railroad employees by occupational category or subcategory, and only permit designated employees to perform safety-related service in that occupational category or subcategory. The Associate Administrator may extend this period based on a written request. * * * * * (e) * * * (1) Beginning January 1, 2022, each Class I railroad, and each intercity or commuter passenger railroad conducting operations subject to this part with 400,000 total employee work hours annually or more, shall deliver refresher training at an interval not to exceed 3 calendar years from the date of an employee’s last training event, except where refresher training is specifically required more frequently in accordance with this chapter. If the last training event occurs before FRA’s approval of the employer’s training program, the employer shall provide refresher training either within 3 calendar years E:\FR\FM\02JAR1.SGM 02JAR1 14 Federal Register / Vol. 85, No. 1 / Thursday, January 2, 2020 / Rules and Regulations from that prior training event or no later than December 31, 2024. Each employer shall ensure that, as part of each employee’s refresher training, the employee is trained and qualified on the application of any Federal railroad safety laws, regulations, and orders the person is required to comply with, as well as any relevant railroad rules and procedures promulgated to implement those Federal railroad safety laws, regulations, and orders. (2) Beginning May 1, 2023, each employer conducting operations subject to this part not covered by paragraph (e)(1) of this section shall deliver refresher training at an interval not to exceed 3 calendar years from the date of an employee’s last training event, except where refresher training is specifically required more frequently in accordance with this chapter. If the last training event occurs before FRA’s approval of the employer’s training program, the employer shall provide refresher training either within 3 calendar years from that prior training event or no later than December 31, 2025. Each employer shall ensure that, as part of each employee’s refresher training, the employee is trained and qualified on the application of any Federal railroad safety laws, regulations, and orders the person is required to comply with, as well as any relevant railroad rules and procedures promulgated to implement those Federal railroad safety laws, regulations, and orders. Issued in Washington, DC, on December 27, 2019. Brett A. Jortland, Acting Chief Counsel, Federal Railroad Administration. [FR Doc. 2019–28301 Filed 12–30–19; 11:15 am] BILLING CODE 4910–06–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 120627194–3657–02; RTID 0648–XT030] Atlantic Highly Migratory Species; North Atlantic Swordfish Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule. lotter on DSKBCFDHB2PROD with RULES AGENCY: NMFS is adjusting the Swordfish General Commercial permit retention limits for the Northwest SUMMARY: VerDate Sep<11>2014 15:41 Dec 31, 2019 Jkt 250001 Atlantic, Gulf of Mexico, and U.S. Caribbean regions for January through June of the 2020 fishing year, unless otherwise later noticed. The Swordfish General Commercial permit retention limits in each of these regions are increased from the regulatory default limits (either two or three fish) to six swordfish per vessel per trip. The Swordfish General Commercial permit retention limit in the Florida Swordfish Management Area will remain unchanged at the default limit of zero swordfish per vessel per trip, as discussed in more detail below. These adjustments apply to Swordfish General Commercial permitted vessels and to Highly Migratory Species (HMS) Charter/Headboat permitted vessels with a commercial endorsement when on a non-for-hire trip. This action is based upon consideration of the applicable inseason regional retention limit adjustment criteria. DATES: The adjusted Swordfish General Commercial permit retention limits in the Northwest Atlantic, Gulf of Mexico, and U.S. Caribbean regions are effective from January 1, 2020, through June 30, 2020. FOR FURTHER INFORMATION CONTACT: Rick Pearson, email: rick.a.pearson@ noaa.gov or phone 727–824–5399. SUPPLEMENTARY INFORMATION: Regulations implemented under the authority of the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.) and the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.) governing the harvest of North Atlantic swordfish by persons and vessels subject to U.S. jurisdiction are found at 50 CFR part 635. Section 635.27 subdivides the U.S. North Atlantic swordfish quota recommended by the International Commission for the Conservation of Atlantic Tunas (ICCAT) and implemented by the United States into two equal semi-annual directed fishery quotas; an annual incidental catch quota for fishermen targeting other species or catching swordfish recreationally, and a reserve category, according to the allocations established in the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan (2006 Consolidated Atlantic HMS FMP) (71 FR 58058, October 2, 2006), as amended, and in accordance with implementing regulations. NMFS is required under ATCA and the Magnuson-Stevens Act to provide U.S. fishing vessels with a reasonable opportunity to harvest the ICCAT-recommended quota. In 2017, ICCAT Recommendation 17– 02 specified that the overall North PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 Atlantic swordfish total allowable catch (TAC) be set at 9,925 metric tons (mt) dressed weight (dw) (13,200 mt whole weight (ww)) through 2021. Consistent with scientific advice, this was a reduction of 500 mt ww (375.9 mt dw) from previous ICCAT-recommended TACs. However, the United States’ baseline quota remained at 2,937.6 mt dw (3,907 mt ww) per year. The Recommendation (17–02) also continued to limit underharvest carryover to 15 percent of a contracting party’s baseline quota. Thus, the United States may carry over a maximum of 440.6 mt dw (586.0 mt ww) of underharvest. Absent adjustments, the codified baseline quota is 2,937.6 mt dw for 2020. At this time, given the extent of expected underharvest in 2019, NMFS anticipates carrying over the maximum allowable 15 percent (440.6 mt dw), which would result in a final adjusted North Atlantic swordfish quota for the 2020 fishing year equal to 3,378.2 mt dw (2,937.6 + 440.6 = 3,378.2 mt dw). As in past years we anticipate allocating 50 mt dw from the adjusted quota to the Reserve category for inseason adjustments/research and allocating 300 mt dw to the Incidental category, which includes recreational landings and landings by incidental swordfish permit holders, consistent with § 635.27(c)(1)(i)(D) and (B). This would result in an adjusted quota of 3,028.2 mt dw for the directed fishery, which would be split equally (1,514.1 mt dw) between the two semi-annual periods in 2020 (January through June, and July through December). Adjustment of Swordfish General Commercial Permit Vessel Retention Limits The 2020 North Atlantic swordfish fishing year, which is managed on a calendar-year basis and divided into two equal semi-annual quotas for the directed fishery, will begin on January 1, 2020. Landings attributable to the Swordfish General Commercial permit count against the applicable semiannual directed fishery quota. Regional default retention limits for this permit have been established and are automatically effective from January 1 through December 31 each year, unless changed based on the inseason regional retention limit adjustment criteria at § 635.24(b)(4)(iv). The default retention limits established for the Swordfish General Commercial permit are: (1) Northwest Atlantic region—three swordfish per vessel per trip; (2) Gulf of Mexico region—three swordfish per vessel per trip; (3) U.S. Caribbean region—two swordfish per vessel per trip; and, (4) Florida Swordfish E:\FR\FM\02JAR1.SGM 02JAR1

Agencies

[Federal Register Volume 85, Number 1 (Thursday, January 2, 2020)]
[Rules and Regulations]
[Pages 10-14]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28301]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 243

[Docket No. FRA-2019-0095, Notice No. 2]
RIN 2130-AC86


Training, Qualification, and Oversight for Safety-Related 
Railroad Employees

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In response to a petition for rulemaking, FRA is amending its 
regulation on Training, Qualification, and Oversight for Safety-Related 
Railroad Employees by delaying the regulation's implementation dates 
for all contractors, and those Class II and III railroads that are not 
intercity or commuter passenger railroads with 400,000 total employee 
work hours annually or more.

DATES: This regulation is effective December 30, 2019.

ADDRESSES: For access to the docket to read background documents or 
submissions received, go to https://www.regulations.gov at any time or 
to Room W12-140 on the Ground level of the West Building, 1200 New 
Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m. Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Robert J. Castiglione, Staff 
Director--Human Performance Division, Federal Railroad Administration, 
4100 International Plaza, Suite 450, Fort Worth, TX 76109-4820 
(telephone: 817-447-2715); or Alan H. Nagler, Senior Attorney, Federal 
Railroad Administration, Office of Chief Counsel, 1200 New Jersey 
Avenue SE, Washington, DC 20590 (telephone: 202-493-6038).

SUPPLEMENTARY INFORMATION:

I. Executive Summary

    On November 7, 2014, FRA published a final rule (2014 Final Rule) 
that established minimum training standards for each category and 
subcategory of safety-related railroad employees and required railroad 
carriers, contractors, and subcontractors to submit training programs 
to FRA for approval. See 79 FR 66459. The 2014 Final Rule was required 
by section 401(a) of the Rail Safety Improvement Act of 2008 (RSIA), 
Public Law 110-432, 122 Stat. 4883 (Oct. 16, 2008), codified at 49 
U.S.C. 20162. The Secretary of Transportation delegated the authority 
to conduct this rulemaking and implement the rule to the Federal 
Railroad Administrator. 49 CFR 1.89(b).
    On May 3, 2017, FRA delayed implementation dates in the 2014 Final 
Rule by one year. On April 27, 2018, FRA responded to a petition for 
reconsideration of that May 2017 rule by granting the American Short 
Line and Regional Railroad Association's (ASLRRA) request to delay the 
implementation dates by an additional year.
    On June 27 and July 12, 2019, ASLRRA and the National Railroad 
Construction and Maintenance Association, Inc. (NRC) (collectively 
Associations) filed petitions for rulemaking that were docketed in 
DOT's Docket Management System as FRA-2019-0050. The Associations' 
petitions request that FRA delay implementation and make several 
substantive changes to the part 243 regulation.
    On November 22, 2019, FRA published a notice of proposed rulemaking 
(NPRM) describing the Associations' petitions and responding to the 
request to delay implementation. 84 FR 64447. FRA proposed to delay the 
implementation dates in the rule for all contractors, and those Class 
II and III railroads that are not intercity or commuter passenger 
railroads with 400,000 total employee work hours annually or more. In 
the NPRM, FRA explained how its response is specifically targeted to 
equalize the implementation dates for those employers most likely to 
adopt model programs rather than develop their own programs. FRA also 
announced that it is considering whether to initiate a separate 
rulemaking which would be limited to amending FRA's training regulation 
so that the regulatory text includes the latest guidance that is 
intended to help small entities and other users of model training 
programs. Although these two rulemakings would be separate, FRA 
explained in the NPRM that they would be complementary in that, without 
any changes to the implementation dates, the targeted employers might 
not understand that the regulation contains more flexibility than is 
commonly understood or they may not feel comfortable following the 
guidance believing there is regulatory uncertainty.

II. Discussion of Comments and Conclusions

    FRA received six written comments in response to the NPRM. FRA did 
not receive a request for a public hearing and none was provided.
    A comment was filed jointly by ASLRRA and NRC in support of

[[Page 11]]

finalizing the proposed rule. The Associations believe the extension 
and date alignment for Class II and III railroads and contractors will 
reduce confusion, especially for those companies with multiple 
operations. Additionally, the Associations express support for FRA to 
take up other aspects of their petitions for rulemaking and propose 
additional revisions to part 243 in future rulemakings.
    Several comments from interested citizens were submitted. The most 
specific of these comments was against delaying the rule's 
implementation dates for refresher training citing the importance of 
the training. Other comments were more general in nature. A few 
commenters supported the NPRM, or did not express an opinion about the 
NPRM, while expressing a positive opinion about the part 243 training 
regulation generally. Another commenter supported the rulemaking, 
expressing that FRA should provide the flexibility necessary to best 
accommodate railroad workers.

FRA's Response

    FRA initiated this rulemaking in response to ASLRRA and NRC's 
petitions for rulemaking, and the comment from the Associations, along 
with other commenters, expresses support for the NPRM. Moreover, none 
of the other comments raise significant safety concerns which would 
dictate against finalizing the proposed rule. Thus, FRA is amending 
part 243 as proposed.
    As discussed further below, FRA is revising the part 243 regulation 
to reclassify those employers that FRA anticipates will likely adopt a 
model program so that they have the same implementation deadlines as 
the small entities subject to the regulation. In this regard, the Class 
II and III railroads and the contractors who will get relief provide 
training and operations in a manner more similar to that of a small 
entity than a Class I railroad. Treating this remainder group of 
employers in the same manner as the small entities would therefore 
reflect a more consistent approach to those employers adopting model 
programs, thereby justifying the delay in the implementation schedule.
    The final rule's implementation date delays will not impact Class I 
railroads, and those commuter and intercity passenger railroads with 
400,000 total employee work hours annually or more. Because the first 
implementation submission deadline for the entities affected by this 
rule is January 1, 2020, it is imperative for this final rule to become 
effective immediately, before that deadline is reached, to ensure the 
intended regulatory relief is provided.

III. Section-by-Section Analysis

Subpart B--Program Components and Approval Process

Section 243.101 Employer Program Required
    FRA is amending the implementation date in Sec.  243.101(a)(1) so 
that it is limited to Class I railroads, and those intercity or 
commuter passenger railroads with 400,000 total employee work hours 
annually or more. Also, FRA is amending this section so that all 
employers not covered by Sec.  243.101(a)(1) will now be covered by 
Sec.  243.101(a)(2), unless the employer is commencing operations after 
January 1, 2020, and will be covered by Sec.  243.101(b). In other 
words, Sec.  243.101(a)(1) will specifically except all contractors, 
and those Class II and III railroads that are not intercity or commuter 
passenger railroads with 400,000 total employee work hours annually or 
more, from complying with the January 1, 2020, training program 
submission implementation deadline. Instead, under Sec.  243.101(a)(2), 
all contractors, and those Class II and III railroads that are not 
intercity or commuter passenger railroads with 400,000 total employee 
work hours annually or more, will be required to comply with a training 
program submission deadline of May 1, 2021; these entities will thus 
have an additional 16 months to submit a training program for their 
safety-related railroad employees.
    Nonetheless, FRA understands that many regulated entities are on 
schedule to meet the earlier, January 1, 2020, deadline, or submit 
training programs well within the additional 16 months granted by this 
final rule. For those regulated entities that are prepared to move 
forward in advance of any deadline in part 243, there is certainly no 
prohibition against doing so. FRA recognizes that implementing a 
compliant training program earlier than required should benefit the 
overall safety of those employers' operations.

Subpart C--Program Implementation and Oversight Requirements

Section 243.201 Employee Qualification Requirements
    FRA is amending the implementation dates in Sec.  243.101(a)(1) and 
(e)(1) so that they are limited to Class I railroads, and those 
intercity or commuter passenger railroads with 400,000 total employee 
work hours annually or more. Also, FRA is amending this section so that 
all employers not covered by Sec.  243.201(a)(1) and (e)(1) will now be 
covered by Sec.  243.201(a)(2) and (e)(2). Please note that an employer 
commencing operations after January 1, 2020, will still be covered by 
Sec.  243.201(b) and will be expected to implement a refresher training 
program upon commencing operations.

IV. Regulatory Impact and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This final rule is a non-significant regulatory action within the 
meaning of Executive Order 12866 and DOT policies and procedures. See 
https://www.transportation.gov/regulations/2018-dot-rulemaking-order. 
This rulemaking is a deregulatory action under Executive Order 13771, 
``Reducing Regulation and Controlling Regulatory Costs.'' See 82 FR 
9339, Jan. 30, 2017.
    As explained in the Supplementary Information section, FRA 
published the 2014 Final Rule to fulfill a statutory mandate. On May 3, 
2017, FRA delayed implementation dates in the 2014 Final Rule by one 
year. On April 27, 2018, FRA responded to a petition for 
reconsideration of that May 2017 rule by granting the ASLRRA's request 
to delay the implementation dates an additional year. FRA is issuing a 
final rule targeted to equalize the implementation dates for Class II 
railroads, Class III railroads, and contractors regardless of their 
annual employee work hours, with the exception of those intercity or 
commuter passenger railroads with 400,000 total employee work hours 
annually or more. With adoption of this final rule, these employers 
will have until May 1, 2021, to submit a training program to FRA 
instead of the previous January 1, 2020, deadline that was applicable 
to railroads (regardless of whether they were Class II or III 
railroads), and contractors with 400,000 annual employee work hours or 
more.
    FRA believes that the final rule will reduce the regulatory burden 
on the railroad industry by delaying the rule's implementation dates. 
This final rule will extend the implementation deadlines for some 
regulated entities by a total of 16 months. This final rule will be 
beneficial for regulated entities by adding time for some railroads and 
contractors to comply.
    FRA is amending the training rule in part 243 to reclassify those 
employers that FRA anticipated in the 2014 Final Rule's Regulatory 
Impact Analysis would likely adopt a model program so that the 
regulation will reflect a more consistent approach to those employers

[[Page 12]]

adopting model programs. Until the petitions for rulemaking were filed, 
FRA did not appreciate that the Class II and III railroads and the 
contractors who were not identified as small entities could be expected 
to encounter the same types of obstacles to training program 
implementation as that of a small entity. The final rule's 
implementation date delay will not impact Class I railroads, and those 
commuter and intercity passenger railroads with 400,000 total employee 
work hours annually or more. However, this final rule will provide all 
contractors, and those Class II and III railroads that are not 
currently identified as small entities in part 243, or are not commuter 
or intercity passenger railroads with 400,000 total employee work hours 
annually or more, with an additional 16 months to submit a training 
program for their safety-related railroad employees. FRA is also 
amending part 243 so that those same employers get an additional 16 
months to designate each of their existing safety-related railroad 
employees by occupational category or subcategory, and only permit 
designated employees to perform safety-related service in that 
occupational category or subcategory. In addition, the final rule will 
provide those same employers with one additional year to complete 
refresher training for each of their safety-related railroad employees. 
With this final rule, the training program submission date for Class II 
railroads, Class III railroads, and contractors regardless of their 
annual employee work hours, with the exception of those intercity or 
commuter passenger railroads with 400,000 total employee work hours 
annually or more, will be delayed from January 1, 2020, to a new 
implementation date of May 1, 2021; the designation of employee date 
will be delayed from September 1, 2020, to a new implementation date of 
January 1, 2022; and, the deadline for the first refresher training 
cycle will be delayed from December 31, 2024, to a new deadline of 
December 31, 2025.
    By delaying the implementation dates, all contractors, and those 
Class II and III railroads that are not intercity or commuter passenger 
railroads with 400,000 total employee work hours annually or more, will 
realize a cost savings. All contractors, and those Class II and III 
railroads that are not intercity or commuter passenger railroads with 
400,000 total employee work hours annually or more, will not incur 
costs during the first 16 months of this analysis. Also, costs incurred 
in future years will be discounted an extra 16 months, which will 
decrease the present value burden. The present value of costs will be 
less than if the original implementation dates were maintained. FRA has 
estimated this cost savings to be approximately $3.0 million, at a 7% 
discount rate, for impacted railroads and contractors that will 
experience relief as a result of this final rule.

B. Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601 et seq., and 
Executive Order 13272, 67 FR 53461 (Aug. 16, 2002), require agency 
review of proposed and final rules to assess their impact on small 
entities. An agency must prepare an initial regulatory flexibility 
analysis (IRFA) unless it determines and certifies that a rule, if 
promulgated, would not have a significant impact on a substantial 
number of small entities. Pursuant to the Regulatory Flexibility Act of 
1980, 5 U.S.C. 605(b), the FRA Administrator certifies that this final 
rule will not have a significant economic impact on a substantial 
number of small entities.
    ``Small entity'' is defined in 5 U.S.C. 601 as including a small 
business concern that is independently owned and operated, and is not 
dominant in its field of operation. The U.S. Small Business 
Administration (SBA) has authority to regulate issues related to small 
businesses, and stipulates in its size standards that a ``small 
entity'' in the railroad industry is a for profit ``linehaul railroad'' 
that has fewer than 1,500 employees, a ``short line railroad'' with 
fewer than 500 employees, or a ``commuter rail system'' with annual 
receipts of less than 15 million dollars. See ``Size Eligibility 
Provisions and Standards,'' 13 CFR part 121, subpart A. Additionally, 5 
U.S.C. 601(5) defines as ``small entities'' governments of cities, 
counties, towns, townships, villages, school districts, or special 
districts with populations less than 50,000. Federal agencies may adopt 
their own size standards for small entities, in consultation with SBA 
and in conjunction with public comment. Pursuant to that authority, FRA 
has published a final statement of agency policy that formally 
establishes ``small entities'' or ``small businesses'' as being 
railroads, contractors, and hazardous materials shippers that meet the 
revenue requirements of a Class III railroad as set forth in 49 CFR 
1201.1-1, which is $20 million or less in inflation-adjusted annual 
revenues, and commuter railroads or small governmental jurisdictions 
that serve populations of 50,000 or less. See 68 FR 24891 (May 9, 
2003), codified at appendix C to 49 CFR part 209. The $20-million limit 
is based on the Surface Transportation Board's revenue threshold for a 
Class III railroad. Railroad revenue is adjusted for inflation by 
applying a revenue deflator formula in accordance with 49 CFR 1201.1-1. 
FRA is using this definition for this rulemaking.
    The requirements of this final rule will apply to employers of 
safety-related railroad employees that FRA previously determined were 
not small entities. This final rule will have no direct impact on small 
units of government, businesses, or other organizations. State rail 
agencies are not required to participate in this program. State owned 
railroads that are subject to the relief provided by this final rule 
will receive a positive impact, if any impact. Therefore, the final 
rule will not impact any small entities. Pursuant to the Regulatory 
Flexibility Act, 5 U.S.C. 601(b), the FRA Administrator hereby 
certifies that this final rule will not have a significant impact on a 
substantial number of small entities.

C. Paperwork Reduction Act

    There are no new collection of information requirements contained 
in this final rule and, in accordance with the Paperwork Reduction Act 
of 1995, 44 U.S.C. 3501 et seq., the recordkeeping and reporting 
requirements already contained in the 2014 Final Rule have been 
approved by OMB. The OMB approval number is OMB No. 2130-0597. Thus, 
FRA is not required to seek additional OMB approval under the Paperwork 
Reduction Act.

D. Federalism Implications

    This final rule will not have a substantial effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government. Thus, in accordance with Executive Order 13132, 
``Federalism'' (64 FR 43255, Aug. 10, 1999), preparation of a 
Federalism Assessment is not warranted.

E. International Trade Impact Assessment

    The Trade Agreement Act of 1979 prohibits Federal agencies from 
engaging in any standards or related activities that create unnecessary 
obstacles to the foreign commerce of the United States. Legitimate 
domestic objectives, such as safety, are not considered unnecessary 
obstacles. The statute also requires consideration of international 
standards and where appropriate, that they be the basis for U.S. 
standards.

[[Page 13]]

    This final rule is purely domestic in nature and is not expected to 
affect trade opportunities for U.S. firms doing business overseas or 
for foreign firms doing business in the United States.

F. Environmental Impact

    FRA has evaluated this final rule in accordance with its 
``Procedures for Considering Environmental Impacts'' (FRA's Procedures) 
(64 FR 28545, May 26, 1999) as required by the National Environmental 
Policy Act (42 U.S.C. 4321 et seq.), other environmental statutes, 
Executive Orders, and related regulatory requirements. FRA has 
determined that this final rule is not a major FRA action, requiring 
the preparation of an environmental impact statement or environmental 
assessment, because it is categorically excluded from detailed 
environmental review pursuant to section 4(c)(20) of FRA's Procedures. 
See 64 FR 28547 (May 26, 1999).
    In accordance with section 4(c) and (e) of FRA's Procedures, the 
agency has further concluded that no extraordinary circumstances exist 
with respect to this final rule that might trigger the need for a more 
detailed environmental review. As a result, FRA finds that this final 
rule is not a major Federal action significantly affecting the quality 
of the human environment.

G. Unfunded Mandates Reform Act of 1995

    Pursuant to section 201 of the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4, 2 U.S.C. 1531), each Federal agency shall, unless 
otherwise prohibited by law, assess the effects of Federal regulatory 
actions on State, local, and tribal governments, and the private sector 
(other than to the extent that such regulations incorporate 
requirements specifically set forth in law). Section 202 of the Act (2 
U.S.C. 1532) further requires that before promulgating any general 
notice of proposed rulemaking that is likely to result in the 
promulgation of any rule that includes any Federal mandate that may 
result in expenditure by State, local, and tribal governments, in the 
aggregate, or by the private sector, of $100,000,000 or more (adjusted 
annually for inflation) in any 1 year, and before promulgating any 
final rule for which a general notice of proposed rulemaking was 
published, the agency shall prepare a written statement detailing the 
effect on State, local, and tribal governments and the private sector. 
This final rule will not result in such an expenditure, and thus 
preparation of such a statement is not required.

H. Energy Impact

    Executive Order 13211 requires Federal agencies to prepare a 
Statement of Energy Effects for any ``significant energy action.'' 66 
FR 28355 (May 22, 2001). FRA evaluated this final rule in accordance 
with Executive Order 13211, and determined that this regulatory action 
is not a ``significant energy action'' within the meaning of the 
Executive Order.
    Executive Order 13783, ``Promoting Energy Independence and Economic 
Growth,'' requires Federal agencies to review regulations to determine 
whether they potentially burden the development or use of domestically 
produced energy resources, with particular attention to oil, natural 
gas, coal, and nuclear energy resources. 82 FR 16093 (Mar. 31, 2017). 
FRA determined this final rule will not burden the development or use 
of domestically produced energy resources.

I. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
the Office of Information and Regulatory Affairs designated this rule 
as not a ``major rule,'' as defined by 5 U.S.C. 804(2).

List of Subjects in 49 CFR Part 243

    Administrative practice and procedure, Penalties, Railroad 
employees, Railroad safety, Reporting and recordkeeping requirements.

The Final Rule

    For the reasons discussed in the preamble, FRA amends part 243 of 
chapter II, subtitle B of title 49 of the Code of Federal Regulations 
as follows:

PART 243--TRAINING, QUALIFICATION, AND OVERSIGHT FOR SAFETY-RELATED 
RAILROAD EMPLOYEES--[AMENDED]

0
1. The authority citation for part 243 continues to read as follows:

    Authority: 49 U.S.C. 20103, 20107, 20131-20155, 20162, 20301-
20306, 20701-20702, 21301-21304, 21311; 28 U.S.C. 2461, note; and 49 
CFR 1.89.

Subpart B--Program Components and Approval Process

0
2. In Sec.  243.101 revise paragraph (a) to read as follows:


Sec.  243.101  Employer program required.

    (a)(1) Effective January 1, 2020, each Class I railroad, and each 
intercity or commuter passenger railroad conducting operations subject 
to this part with 400,000 total employee work hours annually or more, 
shall submit, adopt, and comply with a training program for its safety-
related railroad employees.
    (2) Effective May 1, 2021, each employer conducting operations 
subject to this part not covered by paragraph (a)(1) of this section 
shall submit, adopt, and comply with a training program for its safety-
related railroad employees.
* * * * *

Subpart C--Program Implementation and Oversight Requirements

0
3. In Sec.  243.201, revise paragraphs (a)(1) and (2) and (e)(1) and 
(2) to read as follows:


Sec.  243.201  Employee qualification requirements.

    (a) * * *
    (1) By no later than September 1, 2020, each Class I railroad, and 
each intercity or commuter passenger railroad conducting operations 
subject to this part with 400,000 total employee work hours annually or 
more in operation as of January 1, 2020, shall declare the designation 
of each of its existing safety-related railroad employees by 
occupational category or subcategory, and only permit designated 
employees to perform safety-related service in that occupational 
category or subcategory. The Associate Administrator may extend this 
period based on a written request.
    (2) By no later than January 1, 2022, each employer conducting 
operations subject to this part not covered by paragraph (a)(1) of this 
section in operation as of January 1, 2021, shall declare the 
designation of each of its existing safety-related railroad employees 
by occupational category or subcategory, and only permit designated 
employees to perform safety-related service in that occupational 
category or subcategory. The Associate Administrator may extend this 
period based on a written request.
* * * * *
    (e) * * *
    (1) Beginning January 1, 2022, each Class I railroad, and each 
intercity or commuter passenger railroad conducting operations subject 
to this part with 400,000 total employee work hours annually or more, 
shall deliver refresher training at an interval not to exceed 3 
calendar years from the date of an employee's last training event, 
except where refresher training is specifically required more 
frequently in accordance with this chapter. If the last training event 
occurs before FRA's approval of the employer's training program, the 
employer shall provide refresher training either within 3 calendar 
years

[[Page 14]]

from that prior training event or no later than December 31, 2024. Each 
employer shall ensure that, as part of each employee's refresher 
training, the employee is trained and qualified on the application of 
any Federal railroad safety laws, regulations, and orders the person is 
required to comply with, as well as any relevant railroad rules and 
procedures promulgated to implement those Federal railroad safety laws, 
regulations, and orders.
    (2) Beginning May 1, 2023, each employer conducting operations 
subject to this part not covered by paragraph (e)(1) of this section 
shall deliver refresher training at an interval not to exceed 3 
calendar years from the date of an employee's last training event, 
except where refresher training is specifically required more 
frequently in accordance with this chapter. If the last training event 
occurs before FRA's approval of the employer's training program, the 
employer shall provide refresher training either within 3 calendar 
years from that prior training event or no later than December 31, 
2025. Each employer shall ensure that, as part of each employee's 
refresher training, the employee is trained and qualified on the 
application of any Federal railroad safety laws, regulations, and 
orders the person is required to comply with, as well as any relevant 
railroad rules and procedures promulgated to implement those Federal 
railroad safety laws, regulations, and orders.

    Issued in Washington, DC, on December 27, 2019.
Brett A. Jortland,
Acting Chief Counsel, Federal Railroad Administration.
[FR Doc. 2019-28301 Filed 12-30-19; 11:15 am]
BILLING CODE 4910-06-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.