Public Transportation Safety Certification Training Program, 65999-66010 [2024-18097]
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this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the Captain
of the Port Sector Ohio Valley (COTP)
or the COTP’s designated representative.
A designated representative is a
commissioned, warrant, or petty officer
of the U.S. Coast Guard (USCG) assigned
to units under the operational control of
USCG Sector Ohio Valley.
(2) Vessels requiring entry into this
safety zone must request permission
from the COTP or a designated
representative. To seek entry into the
safety zone, contact the COTP or the
COTP’s representative by telephone at
502–779–5422 or on VHF–FM channel
16.
(3) Persons and vessels permitted to
enter the safety zone must transit at
their slowest safe speed and comply
with all lawful directions issued by the
COTP or the designated representative.
(d) Information broadcasts. The COTP
or a designated representative will
inform the public through Broadcast
Notices to Mariners of any changes in
the planned schedule.
Dated: August 9, 2024.
M.D. Winland,
Commander, U.S. Coast Guard, Acting
Captain of the Port Sector Ohio Valley.
Table of Contents
[FR Doc. 2024–18176 Filed 8–9–24; 4:15 pm]
BILLING CODE 9110–04–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
49 CFR Part 672
[Docket No. FTA–2023–0025]
RIN 2132–AB43
Public Transportation Safety
Certification Training Program
Federal Transit Administration
(FTA), U.S. Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
The Federal Transit
Administration (FTA) is publishing a
final rule for the Public Transportation
Safety Certification Training Program
(PTSCTP). This final rule clarifies
voluntary PTSCTP participation and
sets administrative requirements for
communication processes between FTA
and FTA recipients subject to the
requirements of this rule. This final rule
also adds new definitions and revises
existing definitions to coordinate and
align with other FTA programs and
safety rulemakings.
DATES: The effective date of this final
rule is November 1, 2024.
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SUMMARY:
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FTA’s Office of Transit
Safety and Oversight (TSO) will host a
webinar to discuss the requirements of
the PTSCTP final rule.
Please visit https://
www.transit.dot.gov/regulations-andguidance/safety/safety-training to
register for webinars and for information
about future webinars. FTA is
committed to providing equal access for
all webinar participants. If you need
alternative formats, options, or services,
contact FTA-Knowledge@dot.gov at least
three business days prior to the event.
If you have any questions, please email
FTA-Knowledge@dot.gov.
FOR FURTHER INFORMATION CONTACT: For
program matters, contact Jeremy Furrer,
Office of Transit Safety and Oversight
(TSO), (202) 366–8929 or jeremy.furrer@
dot.gov. For legal matters, contact Mark
Montgomery, Office of Chief Counsel,
(202) 366–1017 or mark.montgomery@
dot.gov.
Office hours are from 8:30 a.m. to 5
p.m., Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Executive Summary
A. Statutory Authority
B. Summary of Key Provisions
C. Benefits and Costs
II. Notice of Proposed Rulemaking and
Response to Comments
A. Section 672.3—Scope and Applicability
B. Section 672.5—Definitions
C. Section 672.11—State Safety Oversight
Agency Employees and Contractors Who
Conduct Reviews, Inspections,
Examinations, and Other Safety
Oversight Activities of Rail Fixed
Guideway Public Transportation
Systems
D. Section 672.13—Rail Transit Agency
Employees and Contractors Who Are
Directly Responsible for the Safety
Oversight or a Rail Fixed Guideway
Public Transportation System
E. Section 672.17—Voluntary Participants
F. Section 672.21—Records
III. Section-by-Section Analysis
IV. Regulatory Analyses and Notices
I. Executive Summary
This final rule amends the PTSCTP
regulation at 49 CFR part 672 with new
administrative requirements for
recipients that are subject to the
requirements of the rule. The final rule
maintains the existing minimum
training requirements for State Safety
Oversight Agency (SSOA) employees
and contractors who conduct reviews,
inspections, examinations, and other
safety oversight activities of public
transportation systems and employees
and contractors who are directly
responsible for the safety oversight of a
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65999
rail fixed guideway public
transportation system.
A. Statutory Authority
Congress directed FTA to establish a
comprehensive Public Transportation
Safety Program, one element of which is
the requirement for a PTSCTP in the
Moving Ahead for Progress in the 21st
Century Act (MAP–21) (Pub. L. 112–
141), which was reauthorized by the
Fixing America’s Surface Transportation
Act (FAST Act) (Pub. L. 114–94). To
implement the requirements of 49
U.S.C. 5329(d), FTA issued a final rule
on July 19, 2018, that added part 672,
‘‘Public Transportation Safety
Certification Training Program,’’ to title
49 of the Code of Federal Regulations
(83 FR 34053). Subsequently, the
Bipartisan Infrastructure Law, enacted
as the Infrastructure Investment and
Jobs Act (Pub. L. 117–58), established
new requirements for FTA’s Public
Transportation Safety Program that will
be addressed in the PTSCTP
curriculum.
B. Summary of Key Provisions
This final rule implements
discretionary updates, including:
• Addition of new definitions and
revisions of existing definitions that do
not change existing requirements and
that were added to provide clarity and
consistency across FTA programs and
rulemakings.
• Requirement for SSOAs and rail
transit agencies to establish a point of
contact for communication with FTA
regarding PTSCTP participation and
enrollment.
• Requirement for SSOA and rail
transit agency points of contact to
provide semiannual reports to FTA
regarding the status of their participants
and agency-defined recertification
training.
• Clarification of voluntary
participation in the PTSCTP.
• Removal of Appendix A to allow
flexibility in PTSCTP curriculum
revision.
In response to comments, FTA revised
the term ‘‘refresher training’’ to
‘‘recertification training’’ in the final
rule to clarify the applicability of the
training required to maintain PTSCTP
certification. Recertification
requirements only apply to the
‘‘designated personnel’’ identified in
§ 672.11(a) and § 672.13(a).
C. Benefits and Costs
The final rule adds administrative and
training requirements for SSOAs and
rail transit agencies subject to the
PTSCTP. The rule would lead to
increased compliance with PTSCTP
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requirements and cost savings for FTA
staff; it would also result in increased
costs for SSOAs and rail transit
agencies. Table 1 summarizes the
economic effects of the final rule over
the first ten years from 2024 to 2033 in
2022 dollars. On an annualized basis,
the rule would have net costs of
$318,000 at a 2 percent discount rate,
$321,000 at a 3 percent rate, and
$334,000 at a 7 percent rate, discounted
to 2024.
TABLE 1—SUMMARY OF ECONOMIC EFFECTS, 2024–2033
[2022 Dollars, discounted to 2023]
Annualized
(2%)
Item
Annualized
(7%)
Benefits:
Cost savings for FTA staff ..................................................................................
Costs:
Staff enrollment ..................................................................................................
Point of contact identification .............................................................................
Point of contact responsibilities ..........................................................................
Semi-annual reporting ........................................................................................
Refresher training ...............................................................................................
$6,022
$6,081
$6,317
70,574
11,762
130,903
23,525
87,316
71,266
11,878
132,187
23,755
88,172
74,034
12,339
137,320
24,678
91,596
Total costs ...................................................................................................
324,080
327,258
339,967
Net costs ..............................................................................................
318,059
321,177
333,650
II. Notice of Proposed Rulemaking and
Response to Comments
FTA issued a notice of proposed
rulemaking (NPRM) for the PTSCTP on
October 26, 2023 (88 FR 73573).1 The
public comment period for the NPRM
closed on December 26, 2023. FTA
received 15 comment submissions to the
rulemaking docket. Commenters
included States, transit agencies,
industry associations, individuals, and a
nonprofit organization. FTA has
considered these comments and
addresses them in the corresponding
sections below. Some comments were
outside the scope of this rulemaking,
and FTA does not respond to comments
in this final rule that were outside the
scope.
FTA reviewed all relevant comments
and took them into consideration when
developing the final rule. Below, the
NPRM comments and responses are
subdivided by the corresponding
sections of the proposed rule and
subject matter.
A. Section 672.3—Scope and
Applicability
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Annualized
(3%)
1. General
Comments: Several commenters
offered comments related to the PTSCTP
curriculum. One nonprofit organization
stated that given current safety
concerns, the PTSCTP training
curriculum is still relevant. One
individual encouraged FTA to ensure
training availability is appropriate to
meet the industry’s demand, given the
1 Public Transportation Safety Certification
Training Program, 88 FR 73573 (October 26, 2023).
https://www.federalregister.gov/documents/2023/
10/26/2023-23515/public-transportation-safetycertification-training-program.
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rate of turnover within agencies. A
transit agency and one individual
requested that the Transportation Safety
Institute (TSI) course Transit Safety and
Security Audits be added to the PTSCTP
training curriculum for rail transit
agencies and SSOAs, arguing that audits
and reviews are activities required by
FTA and that it is critical for safety
professionals to be trained and qualified
to perform audit/review/inspections
activities. An industry association
requested that FTA provide a timeline
for any changes to the PTSCTP training
curriculum to provide time for transit
agencies to address any changes.
Other commenters requested broad
changes to the PTSCTP requirements.
One nonprofit organization requested
that FTA require all designated
personnel to complete the entire
curriculum annually. An industry
association requested that FTA merge
the PTSCTP and the Transit Safety and
Security Program (TSSP) into one
certification program.
Response: FTA appreciates the
commenter who confirmed the
continued relevance of the PTSCTP
curriculum. FTA acknowledges the two
commenters that suggested the addition
of specific courses to the required
PTSCTP curriculum. FTA appreciates
the feedback regarding the importance
of auditing and review skills for certain
SSOA and transit agency personnel.
This final rule does not alter the existing
PTSCTP curriculum. FTA notes that it
has removed the required PTSCTP
curriculum from the appendix of the
regulation to afford FTA additional
flexibility to address curriculum
updates.
FTA acknowledges the commenter
that suggested FTA require all required
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participants to complete the entire
PTSCTP curriculum annually. FTA
believes that such a change would be
overly burdensome for transit agencies
and SSOAs by requiring designated
individuals to complete over 140 hours
of PTSCTP training annually. FTA
declines to implement this change and
confirms that this final rule requires
designated individuals to complete the
PTSCTP curriculum within three years
of designation to receive certification
and to complete applicable
recertification requirements every two
years thereafter to maintain this
certification.
FTA acknowledges the comment
requesting FTA merge the PTSCTP with
the TSSP administered by the
Transportation Safety Institute. FTA
notes that the TSSP is outside the scope
of this final rule. FTA notes that this
final rule does not alter the existing
PTSCTP curriculum. Further, FTA will
coordinate with the industry in the
future regarding any curriculum
changes to ensure sufficient time to
comply with requirements.
2. Bus Applicability
In the NPRM, FTA did not propose
extending mandatory PTSCTP
applicability to the bus transit industry.
However, FTA sought industry input on
whether mandatory PTSCTP
participation should extend to bus
transit agencies and personnel. FTA
received nine responses offering input
on whether the requirements should
extend to bus transit.
Comments: Three commenters
recommended extending the
requirements to bus transit. A nonprofit
organization argued it should be
mandatory due to the number of bus
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collisions. A labor union argued to
extend PTSCTP requirements due to the
nature of safety responsibilities and to
ensure consistent safety standards
across all modes of public
transportation. A transit agency
supported extending requirements to
bus transit only if applicable ‘‘bus safety
oversight personnel’’ are narrowly
defined and requested that FTA clarify
the anticipated operational and
financial impact on large bus
transportation agencies compared with
small and medium-sized bus agencies.
Three commenters argued against
extending PTSCTP requirements to bus
transit. An individual argued against
extending requirements to bus transit,
citing challenges such as limited course
availability and additional burden to
bus agency resources. An industry
association argued against expansion,
noting limited course availability,
limited bus agency resources, and a lack
of oversight structure such as the State
Safety Oversight (SSO) program in place
for rail transit. A transit agency argued
that bus agencies should monitor their
own performance under the Public
Transportation Agency Safety Plan
(PTASP) requirements and determine if
additional training is needed. The
agency also argued that the additional
burden would be too much given
limited bus agency resources. This bus
agency also raised concerns regarding
applicability to contractors that support
bus operations.
Three commenters expressed neutral
positions regarding expansion of
PTSCTP requirements to bus transit.
One SSOA recommended FTA seek
input directly from bus transit
stakeholders regarding the expansion of
PTSCTP applicability beyond SSOAs
and rail transit agencies. Two transit
agencies did not express a clear position
for or against expansion but noted that
training availability would be a
significant challenge. One of these
transit agencies also noted that if
applicability was expanded to bus
transit, FTA may need to consider
modifying the three-year requirement to
allow ample time for bus personnel to
take required courses.
Response: FTA appreciates the
feedback received regarding the
expansion of PTSCTP applicability to
bus transit. FTA will not expand the
applicability of this regulation to the
bus transit industry through this
rulemaking. The final rule will apply
only to those agencies, personnel, and
contractors identified in § 673.3(b). FTA
will use this information to inform any
future action related to PTSCTP
applicability and associated
requirements.
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B. Section 672.5—Definitions
1. Directly Responsible for Safety
Oversight
Comments: One rail transit agency
commented on the definition of
‘‘directly responsible for safety
oversight,’’ arguing that implementation
of the agency safety plan (ASP) is a
responsibility broadly shared
throughout a transit agency and that
without additional clarification, the
number of affected individuals would
be so large that agencies may choose to
define those directly responsible for
safety based on the practical limitations
of training access.
Response: FTA acknowledges the
concern raised by the commenter. FTA
agrees that a significant number of
transit agency workers may have roles
in which they carry out activities
defined by the ASP and that safety is a
shared responsibility. The use of the
word ‘‘implementation’’ in the
definition of ‘‘directly responsible for
safety oversight’’ is intended to include
individuals whose primary job function
is ensuring that the ASP is carried out.
FTA notes that the definition is
intended to identify transit agency
workers with safety oversight roles. The
definition is not intended to include
every worker that may follow a policy
defined in the ASP. FTA also notes that
the definition in the final rule
establishes minimum requirements, and
as such, a transit agency may go beyond
these when designating which
individuals are directly responsible for
safety oversight.
2. Rail Fixed Guideway Public
Transportation System
Comments: One transit agency asked
FTA to clarify if the definition of ‘‘rail
fixed guideway transportation system’’
would supersede the definition of this
term in other regulations.
Response: FTA appreciates the
comment and the importance of
definitional consistency across FTA
programs. The definition in the final
rule is consistent with other recent
regulatory actions, including 49 CFR
parts 673 and 674.
3. Safety Oversight Training
Comments: One transit agency asked
FTA to consider defining ‘‘safety
oversight training.’’
Response: FTA has considered the
commenter’s suggestion to add a
definition for safety oversight training.
FTA notes that this final rule maintains
the flexibility for transit agencies and
SSOAs to identify the recertification
training courses or activities their
designated participants must complete
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for recertification. Further, FTA notes
that the definition of ‘‘directly
responsible for safety oversight’’
clarifies FTA’s understanding of the
safety oversight role, including ASP
development and the SSOA
requirements for rail transit agencies
pursuant to 49 CFR part 674. FTA
declines to add a separate definition for
‘‘safety oversight training.’’
C. Section 672.11—State Safety
Oversight Agency Employees and
Contractors Who Conduct Reviews,
Inspections, Examinations, and Other
Safety Oversight Activities of Rail Fixed
Guideway Public Transportation
Systems
1. General
Comments: A nonprofit organization
supported the requirement for SSOAs to
identify their designated personnel and
to ensure they are enrolled in the
PTSCTP within 30 days of designation.
Response: FTA appreciates the
commenter’s support for the proposed
requirement.
2. PTSCTP Recertification
Comments: One SSOA expressed
concern with the addition of a refresher
training element defined by FTA and
recommended that FTA provide
additional details on what the PTSCTP
refresher training element would
include. This commenter encouraged
FTA to coordinate with SSOAs and
other professional organizations in the
development of this refresher training
element.
Response: As noted in response to
comments on § 672.17 (Voluntary
Participants), FTA has revised the term
‘‘refresher training’’ to ‘‘recertification
training.’’ FTA has not yet developed
specific PTSCTP recertification training
for SSOA personnel beyond the
requirement at § 673.11(d)(2). FTA
appreciates the commenter’s suggestion
and notes that it will consider multiple
forms of input to support FTA’s
development of required recertification
training, including input from SSOAs.
D. Section 672.13—Rail Transit Agency
Employees and Contractors Who Are
Directly Responsible for the Safety
Oversight of a Rail Fixed Guideway
Public Transportation System
1. Designated Personnel
Comments: One labor union requested
FTA to consider extending the
applicability of the final rule to agency
personnel that serve on the Safety
Committee required by the PTASP
Regulation (49 CFR part 673).
Response: PTSCTP participation is
mandatory for rail transit agency
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employees and contractors whose
primary job function includes safety
oversight, including the development,
implementation and review of the ASP,
and/or the SSOA requirements for the
rail fixed guideway public
transportation system pursuant to 49
CFR part 674. A rail transit agency may
determine that certain individuals who
serve on a rail transit agency’s Safety
Committee meet this description and
may designate them as mandatory
PTSCTP participants. However, FTA
notes that individuals whose primary
job function is not safety oversight may
serve on the Safety Committee and, as
such may not be designated by the
transit agency. Further, FTA intends to
develop and facilitate additional
technical assistance and training
focused on Safety Committee
requirements and member roles and
responsibilities.
2. PTSCTP Recertification
Comments: One transit agency and
one industry association opposed the
addition of a refresher training element
defined by FTA without FTA providing
additional details on what the refresher
training element would include.
Another transit agency requested FTA
define the refresher training element
identified by FTA in the final rule and
requested FTA provide more
information on the refresher training
element, including the length of the
training and how the training would be
delivered. One transit agency requested
that FTA continue to allow agencies to
determine their own refresher training
requirements that are most relevant to
their own unique operating
environments and characteristics.
One industry association requested
FTA specify courses that are acceptable
to meet the PTSCTP refresher training
requirement. One transit agency
requested FTA clarify the consequences
of a participant not completing refresher
training by the required completion
date.
Response: FTA acknowledges the
concerns commenters raised regarding
the final rule’s requirement for a
refresher training element defined by
FTA. As noted in response to comments
on § 672.17 (Voluntary Participants),
FTA has revised the term ‘‘refresher
training’’ to ‘‘recertification training.’’
FTA has not yet defined a recertification
element for rail transit agencies beyond
the requirement at § 672.13(d)(2). FTAdefined recertification training may
provide agencies with relevant updates
regarding FTA regulations, notices,
directives, and best practices, and will
be delivered in a format designed to
minimize burden on the industry.
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FTA appreciates the comment that
agencies should be able to identify
refresher training requirements that best
suit their needs. The final rule
maintains this requirement for
recertification in §§ 672.11(d)(2) and
672.13(d)(2) while adding an additional
recertification element identified by
FTA.
FTA acknowledges the comment that
requested FTA specify the courses or
activities that meet the refresher training
requirement established under the final
rule at §§ 672.11(d)(2) and 672.13(d)(2).
FTA declines to provide an exhaustive
list of courses or activities that meet the
recertification requirement in the final
rule, as such a list would evolve as
additional training courses and
activities are made available by FTA
and the industry. FTA has published a
technical assistance fact sheet (https://
www.transit.dot.gov/regulations-andprograms/safety/ptsctp-refreshertraining-overview-fact-sheet) to help
agencies determine what courses or
activities may best suit their agency’s
needs.
FTA acknowledges the comment
requesting FTA clarify the consequences
of a participant not completing PTSCTP
refresher training. A recipient that does
not ensure its designated participants
complete PTSCTP recertification within
the required two-year period is subject
to FTA enforcement action in
accordance with FTA’s authorities
under 49 U.S.C. 5329.
E. Section 672.17—Voluntary
Participants
1. PTSCTP Recertification
Comments: One transit agency
requested FTA provide an explanation
of why voluntary participants would not
be required to complete PTSCTP
refresher training. One industry
association opposed the removal of
refresher training requirements for
voluntary participants. This commenter,
and one transit agency, also requested
clarification on how the refresher
training requirement would apply to a
voluntary participant who later became
‘‘designated’’ by an SSOA or rail transit
agency.
Response: FTA acknowledges the
commenters who opposed the removal
of refresher training requirements for
voluntary participants and the
commenter who requested more
information on this proposed change.
The mandatory requirements of the final
rule only apply to those ‘‘designated
personnel’’ identified in §§ 672.11(a)
and 672.13(a). To clarify the
applicability of the training required to
maintain PTSCTP certification, FTA has
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revised the term ‘‘refresher training’’ to
‘‘recertification’’ where applicable.
Voluntary participants may choose to
complete PTSCTP-related training
courses to maintain their knowledge
and skills related to the PTSCTP, but
voluntary participants are not required
to complete recertification requirements
to maintain their PTSCTP certification.
FTA does not have the legal authority to
require voluntary participants to
complete the initial safety training
requirements of the PTSCTP or
recertification.
FTA acknowledges the commenters
who requested clarification of the
refresher training requirements for a
voluntary participant who later becomes
a designated participant of an SSOA or
rail transit agency. Upon designation, a
participant must complete the initial
safety training requirements of the
PTSCTP within three years. If a
voluntary participant who has already
completed the initial safety training
requirements of the PTSCTP is later
‘‘designated’’ by a rail transit agency or
SSOA, the individual would need to
complete applicable recertification
requirements within two years of their
designation.
F. Section 672.21—Records
1. Point of Contact
Comments: Six commenters
supported the establishment of a point
of contact (POC) at each applicable
agency. Commenters included three
transit agencies, a nonprofit
organization, a labor union, and an
industry association. One transit agency
was not opposed to the establishment of
a POC but suggested FTA provide
guidance on the type of communication
and documentation the POC will be
required to provide. One transit agency
recommended FTA require a secondary
POC.
One transit agency stated that the POC
should not be required to track
voluntary participants from their agency
until such time the participant becomes
a ‘‘designated’’ participant of the
agency.
One transit agency requested that FTA
clarify whether the POC would be
responsible for tracking completion of
the recertification element defined by
FTA.
Response: FTA appreciates the
comments supporting the establishment
of a POC to streamline communication
between FTA and the applicable SSOAs
and rail transit agencies. In response to
the comment requesting guidance on the
type of communication and
documentation the POC will be required
to provide, FTA notes that it will
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develop and distribute technical
assistance as needed to support SSOA
and rail transit agency compliance with
the final rule.
FTA acknowledges the commenter
who suggested FTA add a requirement
for agencies to establish a secondary
POC in the final rule. FTA agrees this
may be a good practice for some
agencies to adopt but is declining to
impose this as a requirement in the final
rule to limit any additional
administrative burden.
FTA acknowledges the commenter
who suggested the agency POC would
not be required to track voluntary
participants unless they become
‘‘designated’’ by the agency. FTA agrees
that agency POCs should not be
required to track their agency personnel
and contractors who are voluntarily
participating in the PTSCTP. However,
as part of the semiannual reporting
requirement, FTA may request the POC
to confirm whether a voluntary
participant has been designated by the
agency or is still participating on a
voluntary basis.
In response to the comment
requesting FTA clarify if the agency
POC would be responsible for tracking
completion of the recertification
element defined by FTA, FTA expects
agencies to monitor and track their
designated participants’ completion of
all applicable training requirements,
including recertification requirements.
2. Semiannual Reporting
Comments: Four commenters
supported the semiannual reporting
requirement, including one individual,
one labor union, and two transit
agencies. The individual also
recommended that FTA set specific
dates for the semiannual reporting
requirement and requested additional
information on how FTA will facilitate
the semiannual reporting and whether
FTA will send out reminders to affected
agencies.
One industry association
recommended that FTA give rail transit
agencies and SSOAs flexibility in how
they report semiannually. This
commenter and a transit agency
suggested FTA provide a template that
the agencies may choose to use.
One SSOA agreed that recertification
and training compliance should be
monitored but expressed concern the
proposed changes are burdensome. The
commenter suggested that semiannual
reporting should be completed annually
through the State Safety Oversight
Reporting (SSOR) tool and that FTA can
monitor training compliance through
the State Safety Oversight (SSO) audit
program.
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Response: FTA appreciates the four
commenters who expressed support for
the semiannual reporting requirements.
FTA declines to establish specific
reporting dates in this final rule in order
to provide reporting process
development flexibility. Upon
identification, FTA will communicate
any specific reporting deadlines to the
SSOA and rail transit agency
community.
FTA acknowledges the commenter
who expressed concern related to the
potential reporting burden associated
with the semiannual reporting
requirements. FTA has established these
new reporting requirements to help
control the burden associated with adhoc requests and inconsistencies in
agencies’ processes for tracking PTSCTP
information. FTA plans to develop a
process and mechanism that will
control burden and establish
information consistency across the
industry.
FTA appreciates the commenter’s
suggestion regarding specific data
collection platforms but notes that the
SSOR tool is not accessible by rail
transit agencies and is not designed to
support semiannual PTSCTP reporting.
FTA also acknowledges the
commenter’s suggestion that FTA can
monitor PTSCTP compliance through
the SSO audit program. FTA notes that
the SSO audit program audits
compliance with 49 CFR part 674. To
the extent that any PTSCTP-related
requirements are established by part
674, the SSO audit program will ensure
compliance with such requirements.
III. Section-by-Section Analysis
Subpart A—General Provisions
Section 672.1—Purpose
This section defines the purpose of
this rule, which is to implement a
uniform safety certification training
program and to enhance the technical
proficiency of individuals who conduct
safety reviews, inspections,
examinations, and other safety oversight
activities of public transportation
systems operated by public
transportation agencies and those who
are directly responsible for safety
oversight of public transportation
agencies. This section clarifies that the
final rule does not preempt any safety
certification training requirements
required by a State for public
transportation agencies within its
jurisdiction.
Section 672.3—Scope and Applicability
This section sets forth the
applicability of the PTSCTP regulation.
The regulation applies to all recipients
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66003
of Federal financial assistance under 49
U.S.C. chapter 53. This section specifies
that PTSCTP requirements only apply to
SSOAs and their employees and
contractors that conduct safety reviews,
inspections, examinations, and other
safety oversight activities of rail fixed
guideway public transportation systems
and to rail transit agencies and their
employees and contractors who are
directly responsible for the safety
oversight of a recipient’s rail fixed
guideway public transportation systems.
Section 672.5—Definitions
This section sets forth the definitions
of key terms used in the regulation.
Notably, readers should refer to new
definitions for terms such as ‘‘initial
training,’’ ‘‘safety review,’’ ‘‘designated
personnel,’’ and ‘‘voluntary
participant.’’ In addition, readers should
refer to new definitions for
‘‘recertification’’ and ‘‘recertification
training’’ related to the replacement of
the term ‘‘refresher training.’’
Subpart B—Training Requirements
Section 672.11—State Safety Oversight
Agency Employees and Contractors
Who Conduct Reviews, Inspections,
Examinations, and Other Safety
Oversight Activities of Rail Fixed
Guideway Public Transportation
Systems
Section 672.11(a) establishes
requirements for SSOAs to designate
certain SSOA employees and
contractors that must comply with
PTSCTP requirements. This includes
employees and contractors that conduct
reviews, inspections, examinations, and
other safety oversight activities of public
transportation systems, including
appropriate managers and supervisors of
such personnel.
Section 672.11(b) requires SSOAs to
ensure that designated personnel are
enrolled in the PTSCTP within 30 days
of designation and that designated
participants comply with PTSCTP
requirements.
Section 672.11(c) establishes a threeyear deadline for designated SSOA
participants to complete the applicable
training requirements of part 672.
Section 672.11(d) establishes two
recertification requirements which must
be completed by designated SSOA
participants every two years following
completion of the PTSCTP curriculum,
including recertification requirements
defined by FTA and recertification
requirements defined by the SSOA,
which must include one hour of safety
oversight training.
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Section 672.13—Rail Transit Agency
Employees and Contractors Who Are
Directly Responsible for the Safety
Oversight of a Rail Fixed Guideway
Public Transportation System
designated PTSCTP participants within
two (2) years of designation.
Section 672.13(a) establishes
requirements for rail transit agencies to
designate certain rail transit agency
employees and contractors who must
comply with PTSCTP requirements.
This includes employees and
contractors who are directly responsible
for safety oversight of rail modes.
Section 672.13(b) requires rail transit
agencies to ensure that designated
personnel are enrolled in the PTSCTP
within 30 days of designation and that
designated participants comply with
PTSCTP requirements.
Section 672.13(c) establishes a threeyear deadline for designated rail transit
agency participants to complete the
applicable training requirements of part
672.
Section 672.13(d) establishes two
recertification requirements which must
be completed by designated rail transit
agency participants every two years
following completion of the PTSCTP
curriculum, including recertification
requirements defined by FTA and
recertification requirements defined by
the rail transit agency, which must
include one hour of safety oversight
training.
Section 672.21—Records
Subpart C—Administrative
Requirements
Section 672.15—Evaluation of Prior
Certification and Training
Section 672.15(a) clarifies the process
for requesting a course equivalency
evaluation from FTA.
Section 672.15(b) clarifies
requirements for requesting a course
equivalency evaluation from FTA.
Section 672.15(c) defines how FTA
may make determinations for requested
course equivalency evaluations.
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Section 672.17—Voluntary Participants
This section establishes that
individuals not designated by an SSOA
or rail transit agency may voluntarily
participate in the program.
Section 672.17(a) defines the
requirements for receiving a certificate
of completion as a voluntary participant
and clarifies that the recertification
requirement does not apply to voluntary
participants and that FTA will not
recertify voluntary participants.
Section 672.17(b) clarifies that if a
voluntary participant has received
PTSCTP certification and is
subsequently designated by an SSOA or
rail transit agency as a PTSCTP
participant, the individual would then
need to meet the established
recertification requirements for
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This section establishes new
administrative requirements for
recipients subject to the requirements of
the rule, including SSOAs and rail
transit agencies.
Section 672.21(a) clarifies an
applicable grantee’s responsibilities for
ensuring its designated personnel meet
the requirements established by this
part. These responsibilities include
ensuring designated personnel are
enrolled in the PTSCTP, ensuring
designated personnel complete the
initial training within three years of
enrollment, and ensuring designated
personnel complete recertification every
two years upon completion of the initial
PTSCTP curriculum.
Section 672.21(b) establishes the
requirement for SSOAs and rail transit
agencies to identify a single point of
contact (POC) at the agency who will
serve as a liaison with FTA regarding
PTSCTP records. FTA expects recipients
to provide FTA with standard contact
information for the identified PTSCTP
POC, including name, title, phone
number, and email address.
Section 672.21(c) establishes the
responsibilities of the identified
PTSCTP POC, including informing FTA
of changes in enrolled PTSCTP
participants, enrolling new PTSCTP
participants, and confirming
recertification requirements and
completion for participants. FTA
expects to conduct PTSCTP-related
communication with recipients through
email (FTASafetyPromotion@dot.gov)
until such time as FTA defines an
alternative method for information
submission.
Section 672.21(d), FTA establishes a
semiannual reporting requirement for
the PTSCTP. This section sets the
requirement for the identified PTSCTP
POC to submit a current list of
individuals designated as required
PTSCTP participants, and the course or
courses that that agency has identified
as required for PTSCTP recertification.
For recertification requirement
documentation, the PTSCTP POC must
report the specific name and length of
each course, as well as the name of the
course training provider or developer.
Section 672.21(e) clarifies the existing
requirement for SSOAs to submit a
technical training plan to FTA as part of
its annual reporting requirements
established at § 674.39 of this chapter.
FTA has also replaced the reference to
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‘‘System Safety Program Plan’’ in
Appendix A of the current rule with
‘‘Agency Safety Plan’’ in § 672.21(e)(3).
This section also sets the requirement
for training records to include the
minimum passing scores for proficiency
tests. This provides FTA with the
parameters for designated personnel to
pass or fail the subject proficiency test
and enables FTA to interpret
proficiency test scores.
Section 672.23—Availability of Records
This final rule does not amend this
section.
Subpart D—Administrative
Requirements
Section 672.31—Requirement To Certify
Compliance
The final rule does not amend this
section.
IV. Regulatory Analyses and Notices
Executive Order 12866 (Regulatory
Planning and Review) and Executive
Order 13563 (Improving Regulation and
Regulatory Review)
Executive Order 12866 (‘‘Regulatory
Planning and Review’’), as
supplemented by Executive Order
13563 (‘‘Improving Regulation and
Regulatory Review’’) and Executive
Order 14094 (‘‘Modernizing Regulatory
Review’’), directs Federal agencies to
assess the benefits and costs of
regulations, to select regulatory
approaches that maximize net benefits
when possible, and to consider
economic, environmental, and
distributional effects. It also directs the
Office of Management and Budget
(OMB) to review significant regulatory
actions, including regulations with
annual economic effects of $200 million
or more. OMB has determined the final
rule is not significant within the
meaning of Executive Order 12866.
Updates From the NPRM
The analysis for the final rule adds
calculations using a discount rate of 2
percent, following guidance in the
November 2023 update to OMB Circular
A–4.2 The analysis also updates the
assumed effective date for the rule to
2024.
Overview and Need for Regulation
The final rule would add
administrative and training
requirements for SSOAs and rail transit
agencies subject to the requirements of
the PTSCTP. The rule would require
each agency to establish a point of
2 Office of Management and Budget (2023).
‘‘Circular No. A–4.’’ https://www.whitehouse.gov/
wp-content/uploads/2023/11/CircularA-4.pdf.
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contact who would enroll designated
personnel and submit proof of their
training. SSOAs and rail transit agencies
(RTAs) would also provide semiannual
documentation to FTA. Finally, the rule
would require designated personnel to
complete FTA-defined recertification
training every two years.
Benefits
The final rule would lead to increased
agency compliance with PTSCTP
requirements. This analysis does not
estimate benefits from increased
compliance, however, because the
economic analysis for the PTSCP rule
that established the requirements
assumed that agencies would have full
compliance. Estimating benefits would
therefore lead to double counting.
The final rule would also lead to
minor cost savings for FTA staff and
contractors, who would need to spend
66005
less time verifying that agency
employees met training requirements.
To estimate cost savings, FTA used time
and wage estimates for federal
employees and contractors currently
supporting the PTSCP program. In 2022
dollars, the rule would have an
estimated annual cost savings of $5,900
(Table 2).
TABLE 2—ANNUAL COST SAVINGS
[2022 Dollars]
Staff
Annual hours
Wages or rates
Cost savings
FTA program manager ..............................................................................................
Contractor program manager ....................................................................................
Contractor analyst ......................................................................................................
40
12
12
$93.56
179.32
110.34
$2,428
2,152
1,324
Total ....................................................................................................................
64
..............................
5,904
number of entities affected, the number
and type of staff involved, and the time
needed (Table 3). The requirements
Costs
To estimate the costs of meeting the
new requirements, FTA estimated the
would affect 31 SSOAs and 64 rail
transit agencies in operation as of March
1, 2023.3 4
TABLE 3—ANNUAL STAFF AND HOURS NEEDED TO MEET REQUIREMENTS
Requirement
Affected entities
Annual hours
Staff enrollment .........................................................
Point of contact identification ....................................
Point of contact responsibilities .................................
Semi-annual reporting ...............................................
Refresher training ......................................................
31 SSOAs; 64 rail transit agencies ..........................
31 SSOAs; 64 rail transit agencies ..........................
31 SSOAs; 64 rail transit agencies ..........................
31 SSOAs; 64 rail transit agencies ..........................
175 SSOA employees; 439 rail transit agency employees.
12 .........................
2 ...........................
24 .........................
4 ...........................
4 (8 hours every 2
years).
1,140
190
2,280
380
2,456
Total ....................................................................
...................................................................................
..............................
6,446
To estimate the value of staff time
spent on the requirements, FTA used
May 2022 occupational wage data from
the Bureau of Labor Statistics, the latest
available as of March 2024, in the
‘‘Transit and Ground Passenger
Transportation’’ industry (North
American Industry Classification
System code 485000).5 The ‘‘General
and Operations Managers’’ (code 11–
1021) was used to represent the wages
of SSOA and rail transit agency points
of contact. For SSOA and rail transit
agency personnel completing training,
Total hours
the ‘‘Transportation Inspectors’’ (code
53–6051) occupational category was
used. FTA used median hourly wages as
a basis for the estimates, multiplying the
wages by 1.62 to account for employer
benefits.6
TABLE 4—OCCUPATIONAL CATEGORIES AND WAGES USED TO VALUE STAFF TIME
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[2022 Dollars]
Staff
Occupational category
SSOA and RTA POCs ....................................
SSOA and RTA personnel ..............................
General and Operations Managers ...............
Transportation Inspectors ..............................
3 Federal Transit Administration. March 19, 2024.
‘‘State Safety Oversight Contacts.’’ https://
www.transit.dot.gov/regulations-and-guidance/
safety/state-safety-oversight-contacts.
4 Federal Transit Administration. 2023. ‘‘National
Transit Database: 2022 Annual Database Service.’’
https://www.transit.dot.gov/ntd/data-product/2022annual-database-service.
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5 Bureau of Labor Statistics. 2023. ‘‘May 2022
National Occupational Employment and Wage
Estimates: United States: NAICS 485000—Transit
and Ground Passenger Transportation.’’ https://
www.bls.gov/oes/current/naics3_485000.htm.
6 Multiplier derived using Bureau of Labor
Statistics data on employer costs for employee
compensation in December 22 (https://www.bls.gov/
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Median
hourly
wage
Code
11–1021
53–6051
$37.63
21.61
Wage
with
benefits
$60.69
34.86
news.release/ecec.htm). Employer costs for state
and local government workers averaged $57.60 an
hour, with $35.69 for wages and $21.95 for benefit
costs. To estimate full costs from wages, one would
use a multiplier of $57.60/$21.95, or 1.62.
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The administrative and reporting
requirements of the proposed rule have
estimated annual costs of $318,000
(Table 5). The largest annual costs are
for point of contact responsibilities
($128,000) and refresher training
($86,000). FTA would also incur
minimal one-time costs to develop the
refresher training materials.
TABLE 5—ANNUAL COSTS FOR ADMINISTRATIVE AND TRAINING REQUIREMENTS
[2022 Dollars]
Requirement
Annual costs
Staff enrollment ..............................................................................................................................................................................
Point of contact identification .........................................................................................................................................................
Point of contact responsibilities .....................................................................................................................................................
Semi-annual reporting ...................................................................................................................................................................
Refresher training ..........................................................................................................................................................................
$69,191
11,532
128,337
23,064
85,603
Total ........................................................................................................................................................................................
317,726
Summary
Table 6 summarizes the economic
effects of the proposed rule over the first
ten years of the rule from 2024—the
assumed effective date of the rule—to
2033 in 2022 dollars. On an annualized
basis, the rule would have net costs of
$318,000 at a 2 percent discount rate,
$321,000 at a 3 percent rate, and
$334,000 at a 7 percent rate, discounted
to 2024.
TABLE 6—SUMMARY OF ECONOMIC EFFECTS, 2024–2033
[2022 Dollars, discounted to 2023]
Annualized
(2%)
Item
Annualized
(7%)
Benefits:
Cost savings for FTA staff ..................................................................................
Costs:
Staff enrollment ..................................................................................................
Point of contact identification .............................................................................
Point of contact responsibilities ..........................................................................
Semi-annual reporting ........................................................................................
Refresher training ...............................................................................................
Total costs ...................................................................................................
$6,081
$6,317
70,574
11,762
130,903
23,525
87,316
324,080
71,266
11,878
132,187
23,755
88,172
327,258
74,034
12,339
137,320
24,678
91,596
339,967
Net costs ..............................................................................................
318,059
321,177
333,650
Regulatory Flexibility Act
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Annualized
(3%)
The Regulatory Flexibility Act of 1980
(RFA) (5 U.S.C. 601 et seq.) requires
Federal agencies to assess the impact of
a regulation on small entities unless the
agency determines that the regulation is
not expected to have a significant
economic impact on a substantial
number of small entities.
The final rule requires SSOAs and rail
transit agencies to meet additional
administrative requirements. Under the
Regulatory Flexibility Act, local
governments and other public-sector
organizations qualify as small entities if
they serve a population of less than
50,000. State agencies do not qualify,
and no rail transit agency serves an
urbanized area with a population of less
than 50,000. FTA has therefore
determined that the final rule would not
have a significant effect on a substantial
number of small entities.
Unfunded Mandates Reform Act of 1995
FTA has determined that this rule
does not impose unfunded mandates, as
defined by the Unfunded Mandates
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Reform Act of 1995 (2 U.S.C. 1532). This
rule does not include a Federal mandate
that may result in the expenditure by
State, local, and tribal governments, in
the aggregate, or by the private sector of
$100 million or more (adjusted for
inflation) in any one year. Additionally,
the definition of ‘‘Federal mandate’’ in
the Unfunded Mandates Reform Act
excludes financial assistance of the type
in which State, local, or tribal
governments have authority to adjust
their participation in the program in
accordance with changes made in the
program by the Federal Government.
The Federal Transit Act permits this
type of flexibility.
distribution of power and
responsibilities among the various
levels of government. This action has
been analyzed in accordance with the
principles and criteria contained in
Executive Order 13132 and FTA
determined this action will not have a
substantial direct effect or sufficient
federalism implications on the States.
FTA also determined this action will
not preempt any State law or regulation
or affect the States’ ability to discharge
traditional State governmental
functions.
Executive Order 13132 (Federalism
Assessment)
The regulations implementing
Executive Order 12372 regarding
intergovernmental consultation on
Federal programs and activities apply to
this program.
Executive Order 13132 requires
agencies to assure meaningful and
timely input by State and local officials
in the development of regulatory
policies that may have a substantial
direct effect on the States, on the
relationship between the national
government and the States, or on the
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Executive Order 12372
(Intergovernmental Review)
Paperwork Reduction Act
In compliance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.) (PRA) and the White House
Office of Management and Budget’s
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(OMB) implementing regulation at 5
CFR 1320.8(d), FTA is seeking approval
from OMB for a currently approved
information collection that is associated
with a notice of proposed rulemaking.
The information collection (IC) was
previously approved on October 4,
2022. However, this submission
includes administrative requirements
that will impact the information
collected and the responding burden
hours and costs to recipients.
Type of Collection: Operators of
public transportation systems.
Type of Review: OMB Clearance.
Previously Approved Information
Collection Request.
Summary of the Collection: The
information collection (IC) provides
minimum training requirements for
Federal and State personnel and
contractors who conduct safety audits
and examinations of transit systems and
for transit agency personnel and
contractors who are directly responsible
for safety oversight to enhance the
technical proficiency.
Need for and Expected Use of the
Information to be Collected: Collection
of information for this program is
necessary to ensure FTA grantees
subject to the PTSCTP regulation certify
compliance with training and
recertification training requirements and
allow FTA to monitor ongoing PTSCTP
participation and compliance. The
program establishes a uniform
curriculum for safety training that
consists of minimum requirements to
enhance the technical proficiency of
transit safety personnel.
Respondents: Respondents include
State Safety Oversight Agency personnel
and contractors who conduct safety
audits and examinations of rail transit
systems, rail transit agency personnel
and contractors who are directly
responsible for safety oversight, and bus
transit agency personnel and contractors
who are directly responsible for safety
oversight.
Frequency: Annual, Periodic.
National Environmental Policy Act
Federal agencies are required to adopt
implementing procedures for the
National Environmental Policy Act
(NEPA) that establish specific criteria
for, and identification of, three classes
of actions: (1) Those that normally
require preparation of an Environmental
Impact Statement, (2) those that
normally require preparation of an
Environmental Assessment, and (3)
those that are categorically excluded
from further NEPA review (40 CFR
1507.3(b)). This rule qualifies for
categorical exclusions under 23 CFR
771.118(c)(4) (planning and
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administrative activities that do not
involve or lead directly to construction).
FTA has evaluated whether the rule will
involve unusual or extraordinary
circumstances and has determined that
it will not.
Executive Order 12630 (Taking of
Private Property)
FTA has analyzed this rule under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights. FTA does not believe this rule
affects a taking of private property or
otherwise has taking implications under
Executive Order 12630.
Executive Order 12988 (Civil Justice
Reform)
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Executive Order 13045 (Protection of
Children)
FTA has analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. FTA certifies
that this action will not cause an
environmental risk to health or safety
that might disproportionately affect
children.
Executive Order 13175 (Tribal
Consultation)
FTA has analyzed this rule under
Executive Order 13175, dated November
6, 2000, and believes that it will not
have substantial direct effects on one or
more Indian tribes; will not impose
substantial direct compliance costs on
Indian tribal governments; and will not
preempt tribal laws. Therefore, a tribal
summary impact statement is not
required.
Executive Order 13211 (Energy Effects)
FTA has analyzed this action under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. FTA has
determined that this action is not a
significant energy action under that
order and is not likely to have a
significant adverse effect on the supply,
distribution, or use of energy. Therefore,
a Statement of Energy Effects is not
required.
Executive Orders 14096, 12898
(Environmental Justice)
Executive Order 14096 (Revitalizing
Our Nation’s Commitment to
Environmental Justice for All)(April 21,
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66007
2023)(which builds upon Executive
Order 12898) and DOT Order 5610.2(a)
(77 FR 27534) 7 require DOT agencies to
achieve environmental justice (EJ) as
part of their mission consistent with
statutory authority by identifying,
analyzing, and addressing, as
appropriate, disproportionate and
adverse human health or environmental
effects, including those related to
climate change and cumulative impacts
of environmental and other burdens on
communities with EJ concerns. All DOT
agencies seek to advance these policy
goals and to engage in this analysis as
appropriate in all rulemaking activities.
On August 15, 2012, FTA’s Circular
4703.1 became effective, which contains
guidance for recipients of FTA financial
assistance to incorporate EJ principles
into plans, projects, and activities.8
FTA has evaluated this action under
its environmental justice policies and
FTA has determined that this action
will not cause disproportionate and
adverse human health and
environmental effects on communities
with EJ concerns.
Regulation Identifier Number
A Regulation Identifier Number (RIN)
is assigned to each regulatory action
listed in the Unified Agenda of Federal
Regulations. The Regulatory Information
Service Center publishes the Unified
Agenda in April and October of each
year. The RIN number contained in the
heading of this document can be used
to cross-reference this rule with the
Unified Agenda.
List of Subjects in 49 CFR Part 672
Mass transportation, Reporting and
recordkeeping requirements, Safety.
Veronica Vanterpool,
Acting Administrator.
In consideration of the foregoing, and
under the authority of 49 U.S.C. 5329
and 5334, and the delegation of
authority at 49 CFR 1.91, the Federal
Transit Administration revises 49 CFR
part 672 to read as follows:
■
7 Department of Transportation Updated
Environmental Justice Order 5610.2(a): Actions to
Address Environmental Justice in Minority
Populations and Low-Income Populations, 77 FR
27534 (May 10, 2012). https://
www.transportation.gov/transportation-policy/
environmental-justice/department-transportationorder-56102a.
8 Federal Transit Administration (February 2020).
‘‘Environmental Justice Policy Guidance for Federal
Transit Administration Recipients.’’ https://
www.transit.dot.gov/regulations-and-guidance/ftacirculars/environmental-justice-policy-guidancefederal-transit.
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PART 672—PUBLIC
TRANSPORTATION SAFETY
CERTIFICATION TRAINING PROGRAM
Subpart A—General Provisions
Sec.
672.1 Purpose.
672.3 Scope and applicability.
672.5 Definitions.
§ 672.5
Subpart B—Training Requirements
672.11 State Safety Oversight Agency
employees and contractors who conduct
safety reviews, inspections,
examinations, and other safety oversight
activities of rail fixed guideway public
transportation systems.
672.13 Rail transit agency employees and
contractors who are directly responsible
for the safety oversight of a rail fixed
guideway public transportation system.
672.15 Evaluation of prior certification and
training.
672.17 Voluntary participants.
Subpart C—Administrative Requirements
672.21 Records.
672.23 Availability of records.
Subpart D—Compliance and Certification
Requirements
672.31 Requirement to certify compliance.
Authority: 49 U.S.C. 5329, 5334; 49 CFR
1.91.
Subpart A—General Provisions
§ 672.1
Purpose.
(a) This part implements a uniform
safety certification training curriculum
and requirements to enhance the
technical proficiency of individuals
who conduct safety reviews,
inspections, examinations, and other
safety oversight activities of public
transportation systems operated by
public transportation agencies and those
who are directly responsible for safety
oversight of public transportation
agencies.
(b) This part does not preempt any
safety certification training
requirements required by a State for
public transportation agencies within its
jurisdiction.
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§ 672.3
Scope and applicability.
(a) In general, this part applies to all
recipients of Federal financial assistance
under 49 U.S.C. chapter 53.
(b) The requirements of this part
apply only to:
(1) State Safety Oversight Agencies
(SSOAs) and their employees and
contractors that conduct safety reviews,
inspections, examinations, and other
safety oversight activities of rail fixed
guideway public transportation systems,
and
(2) Rail transit agencies and their
employees and contractors who are
directly responsible for the safety
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oversight of a recipient’s rail fixed
guideway public transportation systems.
(c) Voluntary participants may
complete the Public Transportation
Safety Certification Training Program
curriculum in accordance with this part.
Definitions.
As used in this part:
Administrator means the Federal
Transit Administrator or the
Administrator’s designee.
Contractor means an entity that
performs tasks on behalf of the Federal
Transit Administration (FTA), a State
Safety Oversight Agency (SSOA), or
public transportation agency through
contract or other agreement.
Designated personnel means:
(1) Employees and contractors
identified by a recipient whose job
function is directly responsible for
safety oversight of the public
transportation system of the public
transportation agency; or
(2) Employees and contractors of a
State Safety Oversight Agency (SSOA)
whose job function requires them to
conduct reviews, inspections,
examinations, and other safety oversight
activities of the rail fixed guideway
public transportation systems subject to
the jurisdiction of the agency.
Directly responsible for safety
oversight means public transportation
agency personnel whose primary job
function includes the development,
implementation, and review of the
agency’s safety plan and/or the State
Safety Oversight Agency (SSOA)
requirements for the rail fixed guideway
public transportation system pursuant
to 49 CFR part 674.
Examination means a process for
gathering or analyzing facts or
information related to the safety of a
public transportation system.
FTA means the Federal Transit
Administration, an operating
administration within the United States
Department of Transportation.
Initial training means the group of
specific courses an individual must
complete within three (3) years of
enrollment in the Public Transportation
Safety Certification Training Program to
receive their first program certificate.
Public transportation agency means
an entity that provides public
transportation service as defined in 49
U.S.C. 5302 and that has one or more
modes of service not subject to the
safety oversight requirements of another
Federal agency.
Public Transportation Safety
Certification Training Program
curriculum means the initial training
designated personnel or voluntary
participants must complete to receive
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the Public Transportation Safety
Certification Training Program
certificate of completion.
Rail fixed guideway public
transportation system means any fixed
guideway system, or any such system in
engineering or construction, that uses
rail, is operated for public
transportation, is within the jurisdiction
of a State, and is not subject to the
jurisdiction of the Federal Railroad
Administration. These systems include
but are not limited to rapid rail, heavy
rail, light rail, monorail, trolley,
inclined plane, funicular, and
automated guideway.
Rail transit agency means any entity
that provides services on a rail fixed
guideway public transportation system.
Recertification means the process of
renewing an individual’s Public
Transportation Safety Certification
Training Program certification for two
years.
Recertification training means the
training courses or activities designated
personnel must complete within two (2)
years of completing the Public
Transportation Safety Certification
Training Program curriculum to
maintain certification and every two (2)
years thereafter.
Recipient means a State or local
governmental authority or any other
operator of a public transportation
system receiving financial assistance
under 49 U.S.C. chapter 53.
Safety review means a review or
analysis of safety records and related
materials.
State means a State of the United
States, the District of Columbia, Puerto
Rico, the Northern Mariana Islands,
Guam, American Samoa, and the Virgin
Islands.
State Safety Oversight Agency (SSOA)
means an agency established by a State
that meets the requirements and
performs the functions specified by 49
U.S.C. 5329(e) and (k) and the
regulations set forth in 49 CFR part 674.
Voluntary participant means an
individual participating in the Public
Transportation Safety Certification
Training Program that is not subject to
the requirements of this part, including:
(1) Employees and contractors of an
applicable recipient that have not been
designated under § 672.11(a) or
§ 672.13(a), and
(2) Individuals who are not employees
or contractors of an applicable recipient.
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Federal Register / Vol. 89, No. 157 / Wednesday, August 14, 2024 / Rules and Regulations
Subpart B—Training Requirements
§ 672.11 State Safety Oversight Agency
employees and contractors who conduct
safety reviews, inspections, examinations,
and other safety oversight activities of rail
fixed guideway public transportation
systems.
(a) Each SSOA shall designate its
employees and contractors that must
comply with the applicable training
requirements of this part and the Public
Transportation Safety Certification
Training Program (PTSCTP) curriculum.
Each SSOA must designate employees
and contractors who conduct reviews,
inspections, examinations, and other
safety oversight activities of public
transportation systems, including
appropriate managers and supervisors of
such personnel.
(b) Each SSOA shall ensure that each
designated individual is enrolled in the
PTSCTP within 30 days of the
individual’s designation. Each SSOA
shall ensure the compliance of
designated participants with the
applicable training requirements of this
part and the PTSCTP curriculum.
(c) Employees and contractors
designated under paragraph (a) of this
section shall complete applicable
training requirements of this part and
the PTSCTP curriculum within three (3)
years of their initial PTSCTP
enrollment.
(d) Thereafter, upon completion of the
PTSCTP curriculum, designated
personnel shall complete recertification
every two (2) years. Required
recertification training shall consist of
two elements:
(1) Element 1: Recertification training
defined by FTA, and
(2) Element 2: Recertification training
defined by the SSOA, which must
include, at a minimum, one (1) hour of
safety oversight training.
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§ 672.13 Rail transit agency employees
and contractors who are directly
responsible for the safety oversight of a rail
fixed guideway public transportation
system.
(a) Each rail transit agency shall
designate its employees and contractors
who must comply with the applicable
training requirements of this part and
the PTSCTP curriculum. Each rail
transit agency must designate
employees and contractors who are
directly responsible for safety oversight
of rail modes.
(b) Each rail transit agency shall
ensure that each designated individual
is enrolled in the PTSCTP within 30
days of the individual’s designation.
Each rail transit agency shall ensure the
compliance of designated participants
with the applicable training
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requirements of this part and the
PTSCTP curriculum.
(c) Employees and contractors
designated under paragraph (a) of this
section shall complete applicable
training requirements of this part and
the PTSCTP curriculum within three (3)
years of their initial PTSCTP
enrollment.
(d) Thereafter, upon completion of the
PTSCTP curriculum, designated
personnel must complete recertification
every two (2) years. Required
recertification training shall consist of
two elements:
(1) Element 1: Specific recertification
training defined by FTA, and
(2) Element 2: Recertification training
defined by the rail transit agency, which
must include, at a minimum, one (1)
hour of safety oversight training.
§ 672.15 Evaluation of prior certification
and training.
(a) PTSCTP participants or an
identified point of contact described in
§ 672.21(b) may request that FTA
evaluate safety training or certification
previously obtained from another entity
to determine if the training satisfies an
applicable training requirement of this
part.
(b) Individuals requesting FTA
evaluation of previously obtained
training or certification must provide
FTA with an official transcript or
certificate of the training, a description
of the curriculum and competencies
obtained, and a brief statement detailing
how the training or certification satisfies
the applicable requirements of this part.
The required information must be
submitted using an equivalency credit
request via electronic means defined by
FTA.
(c) FTA will evaluate the submission
and determine if a training requirement
of this part may be waived. If a waiver
is granted, designated personnel are
responsible for completing all other
applicable requirements of this part.
§ 672.17
Voluntary participants.
(a) Individuals not subject to the
requirements of this part may
participate voluntarily. To receive a
certificate of completion as a voluntary
participant, individuals must complete
the PTSCTP curriculum within three (3)
years of their enrollment. Voluntary
participants are not required to
complete recertification. FTA will not
recertify voluntary participants.
(b) If a voluntary participant has
received a PTSCTP certificate of
completion and is subsequently
designated by an SSOA or rail transit
agency as a PTSCTP participant, the
individual will need to complete
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required recertification training within
two (2) years of designation.
Subpart C—Administrative
Requirements
§ 672.21
Records.
(a) General requirement. Each
recipient subject to the requirements of
this part shall ensure that its designated
personnel:
(1) Are enrolled in the PTSCTP;
(2) Complete the initial training
specified in the PTSCTP curriculum
within three (3) years of their
enrollment as a designated participant;
and
(3) Complete required recertification
every two (2) years upon completion of
the PTSCTP curriculum.
(b) Point of contact identification.
Each recipient, subject to the
requirements of this part, shall identify
a single point of contact (POC) for
communication with FTA regarding
PTSCTP information. The recipient
shall provide FTA, via electronic
method defined by FTA, at a minimum,
the POC’s name, title, phone number,
and email address.
(c) Point of contact responsibilities.
Each POC will serve as a liaison
between the recipient and FTA to
inform FTA of changes in designated
personnel participating in the PTSCTP,
enroll new participants, submit proof of
recertification for the recipient’s
designated personnel, and address any
other program documentation or
communications needs.
(d) Semiannual reporting.
Semiannually, between January 1st and
January 31st and between July 1st and
July 31st of each calendar year, the
identified POC must submit
documentation to FTA, via electronic
method defined by FTA, that identifies:
(1) All employees and contractors of
the recipient who are designated as
PTSCTP participants; and
(2) The course or courses the recipient
has identified as required recertification
training for their designated personnel.
The agency identified recertification
training must include, at a minimum,
one (1) hour of safety oversight training.
The documentation must include the
complete name and length of each
course, as well as the name of the course
training provider.
(e) SSOA requirement. (1) Each SSOA
shall retain a record of the technical
training completed by its designated
personnel in accordance with the
technical training requirements of this
part. SSOAs shall retain training records
for at least five (5) years from the date
the record is created.
(2) Each SSOA shall develop and
maintain a technical training plan for
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Federal Register / Vol. 89, No. 157 / Wednesday, August 14, 2024 / Rules and Regulations
designated personnel who perform
reviews, inspections, examinations, and
other safety oversight activities. The
SSOA will submit its technical training
plan to FTA for review and evaluation
as part of its annual reporting to FTA as
required under § 674.39 of this chapter.
This review process will support the
consultation required between FTA and
SSOAs regarding the staffing and
qualification of the designated
personnel in accordance with 49 U.S.C.
5329(e)(3)(D).
(3) Each SSOA shall identify the tasks
related to reviews, inspections,
examinations, and other safety oversight
activities requiring SSOA approval,
which must be performed by the SSOA
to carry out its safety oversight
requirements, and identify the skills and
knowledge necessary to perform each
oversight task at that system. At a
minimum, the technical training plan
will describe the process for receiving
technical training in the following
competency areas appropriate to the
specific rail fixed guideway public
transportation system(s) for which
reviews and inspections conducted:
(i) Agency organizational structure.
(ii) Agency Safety Plan.
(iii) Knowledge of agency:
(A) Territory and revenue service
schedules.
(B) Current bulletins, general orders,
and other associated directives that
ensure safe operations.
(C) Operations and maintenance rule
books.
(D) Safety rules.
(E) Standard Operating Procedures.
(F) Roadway Worker Protection.
(G) Employee Hours of Service and
Fatigue Management program.
(H) Employee Observation and
Testing Program (Efficiency Testing).
(I) Employee training and certification
requirements.
(J) Vehicle inspection and
maintenance programs, schedules, and
records.
(K) Track inspection and maintenance
programs, schedules and records.
(L) Tunnels, bridges, and other
structures inspection and maintenance
programs, schedules, and records.
(M) Traction power (substation,
overhead catenary system, and third
rail), load dispatching, inspection and
maintenance programs, schedules, and
records.
(N) Signal and train control
inspection and maintenance programs,
schedules, and records.
(4) The SSOA will determine the
length of time for the technical training
based on the skill level of the designated
personnel relative to the applicable rail
transit agency(s). FTA will provide a
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template as requested to assist the SSOA
with preparing and monitoring its
technical training plan and will provide
technical assistance as requested. Each
SSOA technical training plan that is
submitted to FTA for review will:
(i) Require designated personnel to
successfully:
(A) Complete training that covers the
skills and knowledge needed to
effectively perform the tasks.
(B) Pass a written and/or oral
examination covering the skills and
knowledge required for the designated
personnel to effectively perform their
tasks.
(C) Demonstrate hands-on capability
to perform their tasks to the satisfaction
of the appropriate SSOA supervisor or
designated instructor.
(ii) Establish equivalencies or written
and oral examinations to allow
designated personnel to demonstrate
that they possess the skill and
qualification required to perform their
tasks.
(iii) Require biennial recertification
training to maintain technical skills and
abilities, which includes classroom and
hands-on training, as well as testing.
Observation and evaluation of actual
performance of duties may be used to
meet the hands-on portion of this
requirement, provided that such testing
is documented.
(iv) Require that training records be
maintained to demonstrate the current
qualification status of designated
personnel assigned to carry out the
oversight program. Records may be
maintained either electronically or in
writing and must be provided to FTA
upon request. Records must include the
following information concerning each
designated personnel:
(A) Name;
(B) The title and date each training
course was completed, the proficiency
test score(s), and the minimum passing
score of the test, where applicable;
(C) The content of each training
course successfully completed;
(D) A description of the designated
personnel’s hands-on performance
applying the skills and knowledge
required to perform the tasks that the
employee will be responsible for
performing and the factual basis
supporting the determination;
(E) The tasks the designated personnel
are deemed qualified to perform; and
(F) Provide the date that the
designated personnel’s status as
qualified to perform the tasks expires,
and the date in which biennial
recertification training is due.
(v) Ensure the qualification of
contractors performing oversight
activities. SSOAs may use
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demonstrations, previous training and
education, and written and oral
examinations to determine if contractors
possess the skill and qualification
required to perform their tasks.
(vi) Periodically assess the
effectiveness of the technical training.
One method of validation and
assessment could be efficiency tests or
periodic review of employee
performance.
§ 672.23
Availability of records.
(a) Except as required by law, or
expressly authorized or required by this
part, a recipient may not release
information pertaining to employees
and contractors that is required by this
part without the written consent of the
individual.
(b) Individuals are entitled, upon
written request to the recipient, to
obtain copies of any records pertaining
to their training required by this part.
The recipient shall promptly provide
the records requested by personnel and
access shall not be contingent upon the
recipient’s receipt of payment for the
production of such records.
(c) A recipient shall permit access to
all facilities utilized and records
compiled in accordance with the
requirements of this part to the
Secretary of Transportation, the Federal
Transit Administration, or any State
agency with jurisdiction over public
transportation safety oversight of the
recipient.
(d) When requested by the National
Transportation Safety Board as part of
an accident investigation, a recipient
shall disclose information related to the
training of employees and contractors.
Subpart D—Compliance and
Certification Requirements
§ 672.31 Requirement to certify
compliance.
(a) A recipient of FTA financial
assistance under 49 U.S.C. chapter 53
that is subject to the requirements of
this part as specified in § 672.3(b) shall
annually certify compliance with this
part in accordance with FTA’s
procedures for annual grant certification
and assurances.
(b) A certification must be authorized
by the recipient’s governing board or
other authorizing official and must be
signed by a party specifically authorized
to do so.
[FR Doc. 2024–18097 Filed 8–13–24; 8:45 am]
BILLING CODE 4910–57–P
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]]>Agencies
[Federal Register Volume 89, Number 157 (Wednesday, August 14, 2024)]
[Rules and Regulations]
[Pages 65999-66010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18097]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
49 CFR Part 672
[Docket No. FTA-2023-0025]
RIN 2132-AB43
Public Transportation Safety Certification Training Program
AGENCY: Federal Transit Administration (FTA), U.S. Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The Federal Transit Administration (FTA) is publishing a final
rule for the Public Transportation Safety Certification Training
Program (PTSCTP). This final rule clarifies voluntary PTSCTP
participation and sets administrative requirements for communication
processes between FTA and FTA recipients subject to the requirements of
this rule. This final rule also adds new definitions and revises
existing definitions to coordinate and align with other FTA programs
and safety rulemakings.
DATES: The effective date of this final rule is November 1, 2024.
ADDRESSES: FTA's Office of Transit Safety and Oversight (TSO) will host
a webinar to discuss the requirements of the PTSCTP final rule.
Please visit https://www.transit.dot.gov/regulations-and-guidance/safety/safety-training to register for webinars and for information
about future webinars. FTA is committed to providing equal access for
all webinar participants. If you need alternative formats, options, or
services, contact [email protected] at least three business days
prior to the event. If you have any questions, please email [email protected].
FOR FURTHER INFORMATION CONTACT: For program matters, contact Jeremy
Furrer, Office of Transit Safety and Oversight (TSO), (202) 366-8929 or
[email protected]. For legal matters, contact Mark Montgomery,
Office of Chief Counsel, (202) 366-1017 or [email protected].
Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday,
except Federal holidays.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Summary
A. Statutory Authority
B. Summary of Key Provisions
C. Benefits and Costs
II. Notice of Proposed Rulemaking and Response to Comments
A. Section 672.3--Scope and Applicability
B. Section 672.5--Definitions
C. Section 672.11--State Safety Oversight Agency Employees and
Contractors Who Conduct Reviews, Inspections, Examinations, and
Other Safety Oversight Activities of Rail Fixed Guideway Public
Transportation Systems
D. Section 672.13--Rail Transit Agency Employees and Contractors
Who Are Directly Responsible for the Safety Oversight or a Rail
Fixed Guideway Public Transportation System
E. Section 672.17--Voluntary Participants
F. Section 672.21--Records
III. Section-by-Section Analysis
IV. Regulatory Analyses and Notices
I. Executive Summary
This final rule amends the PTSCTP regulation at 49 CFR part 672
with new administrative requirements for recipients that are subject to
the requirements of the rule. The final rule maintains the existing
minimum training requirements for State Safety Oversight Agency (SSOA)
employees and contractors who conduct reviews, inspections,
examinations, and other safety oversight activities of public
transportation systems and employees and contractors who are directly
responsible for the safety oversight of a rail fixed guideway public
transportation system.
A. Statutory Authority
Congress directed FTA to establish a comprehensive Public
Transportation Safety Program, one element of which is the requirement
for a PTSCTP in the Moving Ahead for Progress in the 21st Century Act
(MAP-21) (Pub. L. 112-141), which was reauthorized by the Fixing
America's Surface Transportation Act (FAST Act) (Pub. L. 114-94). To
implement the requirements of 49 U.S.C. 5329(d), FTA issued a final
rule on July 19, 2018, that added part 672, ``Public Transportation
Safety Certification Training Program,'' to title 49 of the Code of
Federal Regulations (83 FR 34053). Subsequently, the Bipartisan
Infrastructure Law, enacted as the Infrastructure Investment and Jobs
Act (Pub. L. 117-58), established new requirements for FTA's Public
Transportation Safety Program that will be addressed in the PTSCTP
curriculum.
B. Summary of Key Provisions
This final rule implements discretionary updates, including:
Addition of new definitions and revisions of existing
definitions that do not change existing requirements and that were
added to provide clarity and consistency across FTA programs and
rulemakings.
Requirement for SSOAs and rail transit agencies to
establish a point of contact for communication with FTA regarding
PTSCTP participation and enrollment.
Requirement for SSOA and rail transit agency points of
contact to provide semiannual reports to FTA regarding the status of
their participants and agency-defined recertification training.
Clarification of voluntary participation in the PTSCTP.
Removal of Appendix A to allow flexibility in PTSCTP
curriculum revision.
In response to comments, FTA revised the term ``refresher
training'' to ``recertification training'' in the final rule to clarify
the applicability of the training required to maintain PTSCTP
certification. Recertification requirements only apply to the
``designated personnel'' identified in Sec. 672.11(a) and Sec.
672.13(a).
C. Benefits and Costs
The final rule adds administrative and training requirements for
SSOAs and rail transit agencies subject to the PTSCTP. The rule would
lead to increased compliance with PTSCTP
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requirements and cost savings for FTA staff; it would also result in
increased costs for SSOAs and rail transit agencies. Table 1 summarizes
the economic effects of the final rule over the first ten years from
2024 to 2033 in 2022 dollars. On an annualized basis, the rule would
have net costs of $318,000 at a 2 percent discount rate, $321,000 at a
3 percent rate, and $334,000 at a 7 percent rate, discounted to 2024.
Table 1--Summary of Economic Effects, 2024-2033
[2022 Dollars, discounted to 2023]
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Item Annualized (2%) Annualized (3%) Annualized (7%)
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Benefits:
Cost savings for FTA staff......................... $6,022 $6,081 $6,317
Costs:
Staff enrollment................................... 70,574 71,266 74,034
Point of contact identification.................... 11,762 11,878 12,339
Point of contact responsibilities.................. 130,903 132,187 137,320
Semi-annual reporting.............................. 23,525 23,755 24,678
Refresher training................................. 87,316 88,172 91,596
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Total costs.................................... 324,080 327,258 339,967
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Net costs.................................. 318,059 321,177 333,650
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II. Notice of Proposed Rulemaking and Response to Comments
FTA issued a notice of proposed rulemaking (NPRM) for the PTSCTP on
October 26, 2023 (88 FR 73573).\1\ The public comment period for the
NPRM closed on December 26, 2023. FTA received 15 comment submissions
to the rulemaking docket. Commenters included States, transit agencies,
industry associations, individuals, and a nonprofit organization. FTA
has considered these comments and addresses them in the corresponding
sections below. Some comments were outside the scope of this
rulemaking, and FTA does not respond to comments in this final rule
that were outside the scope.
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\1\ Public Transportation Safety Certification Training Program,
88 FR 73573 (October 26, 2023). https://www.federalregister.gov/documents/2023/10/26/2023-23515/public-transportation-safety-certification-training-program.
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FTA reviewed all relevant comments and took them into consideration
when developing the final rule. Below, the NPRM comments and responses
are subdivided by the corresponding sections of the proposed rule and
subject matter.
A. Section 672.3--Scope and Applicability
1. General
Comments: Several commenters offered comments related to the PTSCTP
curriculum. One nonprofit organization stated that given current safety
concerns, the PTSCTP training curriculum is still relevant. One
individual encouraged FTA to ensure training availability is
appropriate to meet the industry's demand, given the rate of turnover
within agencies. A transit agency and one individual requested that the
Transportation Safety Institute (TSI) course Transit Safety and
Security Audits be added to the PTSCTP training curriculum for rail
transit agencies and SSOAs, arguing that audits and reviews are
activities required by FTA and that it is critical for safety
professionals to be trained and qualified to perform audit/review/
inspections activities. An industry association requested that FTA
provide a timeline for any changes to the PTSCTP training curriculum to
provide time for transit agencies to address any changes.
Other commenters requested broad changes to the PTSCTP
requirements. One nonprofit organization requested that FTA require all
designated personnel to complete the entire curriculum annually. An
industry association requested that FTA merge the PTSCTP and the
Transit Safety and Security Program (TSSP) into one certification
program.
Response: FTA appreciates the commenter who confirmed the continued
relevance of the PTSCTP curriculum. FTA acknowledges the two commenters
that suggested the addition of specific courses to the required PTSCTP
curriculum. FTA appreciates the feedback regarding the importance of
auditing and review skills for certain SSOA and transit agency
personnel. This final rule does not alter the existing PTSCTP
curriculum. FTA notes that it has removed the required PTSCTP
curriculum from the appendix of the regulation to afford FTA additional
flexibility to address curriculum updates.
FTA acknowledges the commenter that suggested FTA require all
required participants to complete the entire PTSCTP curriculum
annually. FTA believes that such a change would be overly burdensome
for transit agencies and SSOAs by requiring designated individuals to
complete over 140 hours of PTSCTP training annually. FTA declines to
implement this change and confirms that this final rule requires
designated individuals to complete the PTSCTP curriculum within three
years of designation to receive certification and to complete
applicable recertification requirements every two years thereafter to
maintain this certification.
FTA acknowledges the comment requesting FTA merge the PTSCTP with
the TSSP administered by the Transportation Safety Institute. FTA notes
that the TSSP is outside the scope of this final rule. FTA notes that
this final rule does not alter the existing PTSCTP curriculum. Further,
FTA will coordinate with the industry in the future regarding any
curriculum changes to ensure sufficient time to comply with
requirements.
2. Bus Applicability
In the NPRM, FTA did not propose extending mandatory PTSCTP
applicability to the bus transit industry. However, FTA sought industry
input on whether mandatory PTSCTP participation should extend to bus
transit agencies and personnel. FTA received nine responses offering
input on whether the requirements should extend to bus transit.
Comments: Three commenters recommended extending the requirements
to bus transit. A nonprofit organization argued it should be mandatory
due to the number of bus
[[Page 66001]]
collisions. A labor union argued to extend PTSCTP requirements due to
the nature of safety responsibilities and to ensure consistent safety
standards across all modes of public transportation. A transit agency
supported extending requirements to bus transit only if applicable
``bus safety oversight personnel'' are narrowly defined and requested
that FTA clarify the anticipated operational and financial impact on
large bus transportation agencies compared with small and medium-sized
bus agencies.
Three commenters argued against extending PTSCTP requirements to
bus transit. An individual argued against extending requirements to bus
transit, citing challenges such as limited course availability and
additional burden to bus agency resources. An industry association
argued against expansion, noting limited course availability, limited
bus agency resources, and a lack of oversight structure such as the
State Safety Oversight (SSO) program in place for rail transit. A
transit agency argued that bus agencies should monitor their own
performance under the Public Transportation Agency Safety Plan (PTASP)
requirements and determine if additional training is needed. The agency
also argued that the additional burden would be too much given limited
bus agency resources. This bus agency also raised concerns regarding
applicability to contractors that support bus operations.
Three commenters expressed neutral positions regarding expansion of
PTSCTP requirements to bus transit. One SSOA recommended FTA seek input
directly from bus transit stakeholders regarding the expansion of
PTSCTP applicability beyond SSOAs and rail transit agencies. Two
transit agencies did not express a clear position for or against
expansion but noted that training availability would be a significant
challenge. One of these transit agencies also noted that if
applicability was expanded to bus transit, FTA may need to consider
modifying the three-year requirement to allow ample time for bus
personnel to take required courses.
Response: FTA appreciates the feedback received regarding the
expansion of PTSCTP applicability to bus transit. FTA will not expand
the applicability of this regulation to the bus transit industry
through this rulemaking. The final rule will apply only to those
agencies, personnel, and contractors identified in Sec. 673.3(b). FTA
will use this information to inform any future action related to PTSCTP
applicability and associated requirements.
B. Section 672.5--Definitions
1. Directly Responsible for Safety Oversight
Comments: One rail transit agency commented on the definition of
``directly responsible for safety oversight,'' arguing that
implementation of the agency safety plan (ASP) is a responsibility
broadly shared throughout a transit agency and that without additional
clarification, the number of affected individuals would be so large
that agencies may choose to define those directly responsible for
safety based on the practical limitations of training access.
Response: FTA acknowledges the concern raised by the commenter. FTA
agrees that a significant number of transit agency workers may have
roles in which they carry out activities defined by the ASP and that
safety is a shared responsibility. The use of the word
``implementation'' in the definition of ``directly responsible for
safety oversight'' is intended to include individuals whose primary job
function is ensuring that the ASP is carried out. FTA notes that the
definition is intended to identify transit agency workers with safety
oversight roles. The definition is not intended to include every worker
that may follow a policy defined in the ASP. FTA also notes that the
definition in the final rule establishes minimum requirements, and as
such, a transit agency may go beyond these when designating which
individuals are directly responsible for safety oversight.
2. Rail Fixed Guideway Public Transportation System
Comments: One transit agency asked FTA to clarify if the definition
of ``rail fixed guideway transportation system'' would supersede the
definition of this term in other regulations.
Response: FTA appreciates the comment and the importance of
definitional consistency across FTA programs. The definition in the
final rule is consistent with other recent regulatory actions,
including 49 CFR parts 673 and 674.
3. Safety Oversight Training
Comments: One transit agency asked FTA to consider defining
``safety oversight training.''
Response: FTA has considered the commenter's suggestion to add a
definition for safety oversight training. FTA notes that this final
rule maintains the flexibility for transit agencies and SSOAs to
identify the recertification training courses or activities their
designated participants must complete for recertification. Further, FTA
notes that the definition of ``directly responsible for safety
oversight'' clarifies FTA's understanding of the safety oversight role,
including ASP development and the SSOA requirements for rail transit
agencies pursuant to 49 CFR part 674. FTA declines to add a separate
definition for ``safety oversight training.''
C. Section 672.11--State Safety Oversight Agency Employees and
Contractors Who Conduct Reviews, Inspections, Examinations, and Other
Safety Oversight Activities of Rail Fixed Guideway Public
Transportation Systems
1. General
Comments: A nonprofit organization supported the requirement for
SSOAs to identify their designated personnel and to ensure they are
enrolled in the PTSCTP within 30 days of designation.
Response: FTA appreciates the commenter's support for the proposed
requirement.
2. PTSCTP Recertification
Comments: One SSOA expressed concern with the addition of a
refresher training element defined by FTA and recommended that FTA
provide additional details on what the PTSCTP refresher training
element would include. This commenter encouraged FTA to coordinate with
SSOAs and other professional organizations in the development of this
refresher training element.
Response: As noted in response to comments on Sec. 672.17
(Voluntary Participants), FTA has revised the term ``refresher
training'' to ``recertification training.'' FTA has not yet developed
specific PTSCTP recertification training for SSOA personnel beyond the
requirement at Sec. 673.11(d)(2). FTA appreciates the commenter's
suggestion and notes that it will consider multiple forms of input to
support FTA's development of required recertification training,
including input from SSOAs.
D. Section 672.13--Rail Transit Agency Employees and Contractors Who
Are Directly Responsible for the Safety Oversight of a Rail Fixed
Guideway Public Transportation System
1. Designated Personnel
Comments: One labor union requested FTA to consider extending the
applicability of the final rule to agency personnel that serve on the
Safety Committee required by the PTASP Regulation (49 CFR part 673).
Response: PTSCTP participation is mandatory for rail transit agency
[[Page 66002]]
employees and contractors whose primary job function includes safety
oversight, including the development, implementation and review of the
ASP, and/or the SSOA requirements for the rail fixed guideway public
transportation system pursuant to 49 CFR part 674. A rail transit
agency may determine that certain individuals who serve on a rail
transit agency's Safety Committee meet this description and may
designate them as mandatory PTSCTP participants. However, FTA notes
that individuals whose primary job function is not safety oversight may
serve on the Safety Committee and, as such may not be designated by the
transit agency. Further, FTA intends to develop and facilitate
additional technical assistance and training focused on Safety
Committee requirements and member roles and responsibilities.
2. PTSCTP Recertification
Comments: One transit agency and one industry association opposed
the addition of a refresher training element defined by FTA without FTA
providing additional details on what the refresher training element
would include. Another transit agency requested FTA define the
refresher training element identified by FTA in the final rule and
requested FTA provide more information on the refresher training
element, including the length of the training and how the training
would be delivered. One transit agency requested that FTA continue to
allow agencies to determine their own refresher training requirements
that are most relevant to their own unique operating environments and
characteristics.
One industry association requested FTA specify courses that are
acceptable to meet the PTSCTP refresher training requirement. One
transit agency requested FTA clarify the consequences of a participant
not completing refresher training by the required completion date.
Response: FTA acknowledges the concerns commenters raised regarding
the final rule's requirement for a refresher training element defined
by FTA. As noted in response to comments on Sec. 672.17 (Voluntary
Participants), FTA has revised the term ``refresher training'' to
``recertification training.'' FTA has not yet defined a recertification
element for rail transit agencies beyond the requirement at Sec.
672.13(d)(2). FTA-defined recertification training may provide agencies
with relevant updates regarding FTA regulations, notices, directives,
and best practices, and will be delivered in a format designed to
minimize burden on the industry.
FTA appreciates the comment that agencies should be able to
identify refresher training requirements that best suit their needs.
The final rule maintains this requirement for recertification in
Sec. Sec. 672.11(d)(2) and 672.13(d)(2) while adding an additional
recertification element identified by FTA.
FTA acknowledges the comment that requested FTA specify the courses
or activities that meet the refresher training requirement established
under the final rule at Sec. Sec. 672.11(d)(2) and 672.13(d)(2). FTA
declines to provide an exhaustive list of courses or activities that
meet the recertification requirement in the final rule, as such a list
would evolve as additional training courses and activities are made
available by FTA and the industry. FTA has published a technical
assistance fact sheet (https://www.transit.dot.gov/regulations-and-programs/safety/ptsctp-refresher-training-overview-fact-sheet) to help
agencies determine what courses or activities may best suit their
agency's needs.
FTA acknowledges the comment requesting FTA clarify the
consequences of a participant not completing PTSCTP refresher training.
A recipient that does not ensure its designated participants complete
PTSCTP recertification within the required two-year period is subject
to FTA enforcement action in accordance with FTA's authorities under 49
U.S.C. 5329.
E. Section 672.17--Voluntary Participants
1. PTSCTP Recertification
Comments: One transit agency requested FTA provide an explanation
of why voluntary participants would not be required to complete PTSCTP
refresher training. One industry association opposed the removal of
refresher training requirements for voluntary participants. This
commenter, and one transit agency, also requested clarification on how
the refresher training requirement would apply to a voluntary
participant who later became ``designated'' by an SSOA or rail transit
agency.
Response: FTA acknowledges the commenters who opposed the removal
of refresher training requirements for voluntary participants and the
commenter who requested more information on this proposed change. The
mandatory requirements of the final rule only apply to those
``designated personnel'' identified in Sec. Sec. 672.11(a) and
672.13(a). To clarify the applicability of the training required to
maintain PTSCTP certification, FTA has revised the term ``refresher
training'' to ``recertification'' where applicable. Voluntary
participants may choose to complete PTSCTP-related training courses to
maintain their knowledge and skills related to the PTSCTP, but
voluntary participants are not required to complete recertification
requirements to maintain their PTSCTP certification. FTA does not have
the legal authority to require voluntary participants to complete the
initial safety training requirements of the PTSCTP or recertification.
FTA acknowledges the commenters who requested clarification of the
refresher training requirements for a voluntary participant who later
becomes a designated participant of an SSOA or rail transit agency.
Upon designation, a participant must complete the initial safety
training requirements of the PTSCTP within three years. If a voluntary
participant who has already completed the initial safety training
requirements of the PTSCTP is later ``designated'' by a rail transit
agency or SSOA, the individual would need to complete applicable
recertification requirements within two years of their designation.
F. Section 672.21--Records
1. Point of Contact
Comments: Six commenters supported the establishment of a point of
contact (POC) at each applicable agency. Commenters included three
transit agencies, a nonprofit organization, a labor union, and an
industry association. One transit agency was not opposed to the
establishment of a POC but suggested FTA provide guidance on the type
of communication and documentation the POC will be required to provide.
One transit agency recommended FTA require a secondary POC.
One transit agency stated that the POC should not be required to
track voluntary participants from their agency until such time the
participant becomes a ``designated'' participant of the agency.
One transit agency requested that FTA clarify whether the POC would
be responsible for tracking completion of the recertification element
defined by FTA.
Response: FTA appreciates the comments supporting the establishment
of a POC to streamline communication between FTA and the applicable
SSOAs and rail transit agencies. In response to the comment requesting
guidance on the type of communication and documentation the POC will be
required to provide, FTA notes that it will
[[Page 66003]]
develop and distribute technical assistance as needed to support SSOA
and rail transit agency compliance with the final rule.
FTA acknowledges the commenter who suggested FTA add a requirement
for agencies to establish a secondary POC in the final rule. FTA agrees
this may be a good practice for some agencies to adopt but is declining
to impose this as a requirement in the final rule to limit any
additional administrative burden.
FTA acknowledges the commenter who suggested the agency POC would
not be required to track voluntary participants unless they become
``designated'' by the agency. FTA agrees that agency POCs should not be
required to track their agency personnel and contractors who are
voluntarily participating in the PTSCTP. However, as part of the
semiannual reporting requirement, FTA may request the POC to confirm
whether a voluntary participant has been designated by the agency or is
still participating on a voluntary basis.
In response to the comment requesting FTA clarify if the agency POC
would be responsible for tracking completion of the recertification
element defined by FTA, FTA expects agencies to monitor and track their
designated participants' completion of all applicable training
requirements, including recertification requirements.
2. Semiannual Reporting
Comments: Four commenters supported the semiannual reporting
requirement, including one individual, one labor union, and two transit
agencies. The individual also recommended that FTA set specific dates
for the semiannual reporting requirement and requested additional
information on how FTA will facilitate the semiannual reporting and
whether FTA will send out reminders to affected agencies.
One industry association recommended that FTA give rail transit
agencies and SSOAs flexibility in how they report semiannually. This
commenter and a transit agency suggested FTA provide a template that
the agencies may choose to use.
One SSOA agreed that recertification and training compliance should
be monitored but expressed concern the proposed changes are burdensome.
The commenter suggested that semiannual reporting should be completed
annually through the State Safety Oversight Reporting (SSOR) tool and
that FTA can monitor training compliance through the State Safety
Oversight (SSO) audit program.
Response: FTA appreciates the four commenters who expressed support
for the semiannual reporting requirements. FTA declines to establish
specific reporting dates in this final rule in order to provide
reporting process development flexibility. Upon identification, FTA
will communicate any specific reporting deadlines to the SSOA and rail
transit agency community.
FTA acknowledges the commenter who expressed concern related to the
potential reporting burden associated with the semiannual reporting
requirements. FTA has established these new reporting requirements to
help control the burden associated with ad-hoc requests and
inconsistencies in agencies' processes for tracking PTSCTP information.
FTA plans to develop a process and mechanism that will control burden
and establish information consistency across the industry.
FTA appreciates the commenter's suggestion regarding specific data
collection platforms but notes that the SSOR tool is not accessible by
rail transit agencies and is not designed to support semiannual PTSCTP
reporting. FTA also acknowledges the commenter's suggestion that FTA
can monitor PTSCTP compliance through the SSO audit program. FTA notes
that the SSO audit program audits compliance with 49 CFR part 674. To
the extent that any PTSCTP-related requirements are established by part
674, the SSO audit program will ensure compliance with such
requirements.
III. Section-by-Section Analysis
Subpart A--General Provisions
Section 672.1--Purpose
This section defines the purpose of this rule, which is to
implement a uniform safety certification training program and to
enhance the technical proficiency of individuals who conduct safety
reviews, inspections, examinations, and other safety oversight
activities of public transportation systems operated by public
transportation agencies and those who are directly responsible for
safety oversight of public transportation agencies. This section
clarifies that the final rule does not preempt any safety certification
training requirements required by a State for public transportation
agencies within its jurisdiction.
Section 672.3--Scope and Applicability
This section sets forth the applicability of the PTSCTP regulation.
The regulation applies to all recipients of Federal financial
assistance under 49 U.S.C. chapter 53. This section specifies that
PTSCTP requirements only apply to SSOAs and their employees and
contractors that conduct safety reviews, inspections, examinations, and
other safety oversight activities of rail fixed guideway public
transportation systems and to rail transit agencies and their employees
and contractors who are directly responsible for the safety oversight
of a recipient's rail fixed guideway public transportation systems.
Section 672.5--Definitions
This section sets forth the definitions of key terms used in the
regulation. Notably, readers should refer to new definitions for terms
such as ``initial training,'' ``safety review,'' ``designated
personnel,'' and ``voluntary participant.'' In addition, readers should
refer to new definitions for ``recertification'' and ``recertification
training'' related to the replacement of the term ``refresher
training.''
Subpart B--Training Requirements
Section 672.11--State Safety Oversight Agency Employees and Contractors
Who Conduct Reviews, Inspections, Examinations, and Other Safety
Oversight Activities of Rail Fixed Guideway Public Transportation
Systems
Section 672.11(a) establishes requirements for SSOAs to designate
certain SSOA employees and contractors that must comply with PTSCTP
requirements. This includes employees and contractors that conduct
reviews, inspections, examinations, and other safety oversight
activities of public transportation systems, including appropriate
managers and supervisors of such personnel.
Section 672.11(b) requires SSOAs to ensure that designated
personnel are enrolled in the PTSCTP within 30 days of designation and
that designated participants comply with PTSCTP requirements.
Section 672.11(c) establishes a three-year deadline for designated
SSOA participants to complete the applicable training requirements of
part 672.
Section 672.11(d) establishes two recertification requirements
which must be completed by designated SSOA participants every two years
following completion of the PTSCTP curriculum, including
recertification requirements defined by FTA and recertification
requirements defined by the SSOA, which must include one hour of safety
oversight training.
[[Page 66004]]
Section 672.13--Rail Transit Agency Employees and Contractors Who Are
Directly Responsible for the Safety Oversight of a Rail Fixed Guideway
Public Transportation System
Section 672.13(a) establishes requirements for rail transit
agencies to designate certain rail transit agency employees and
contractors who must comply with PTSCTP requirements. This includes
employees and contractors who are directly responsible for safety
oversight of rail modes.
Section 672.13(b) requires rail transit agencies to ensure that
designated personnel are enrolled in the PTSCTP within 30 days of
designation and that designated participants comply with PTSCTP
requirements.
Section 672.13(c) establishes a three-year deadline for designated
rail transit agency participants to complete the applicable training
requirements of part 672.
Section 672.13(d) establishes two recertification requirements
which must be completed by designated rail transit agency participants
every two years following completion of the PTSCTP curriculum,
including recertification requirements defined by FTA and
recertification requirements defined by the rail transit agency, which
must include one hour of safety oversight training.
Section 672.15--Evaluation of Prior Certification and Training
Section 672.15(a) clarifies the process for requesting a course
equivalency evaluation from FTA.
Section 672.15(b) clarifies requirements for requesting a course
equivalency evaluation from FTA.
Section 672.15(c) defines how FTA may make determinations for
requested course equivalency evaluations.
Section 672.17--Voluntary Participants
This section establishes that individuals not designated by an SSOA
or rail transit agency may voluntarily participate in the program.
Section 672.17(a) defines the requirements for receiving a
certificate of completion as a voluntary participant and clarifies that
the recertification requirement does not apply to voluntary
participants and that FTA will not recertify voluntary participants.
Section 672.17(b) clarifies that if a voluntary participant has
received PTSCTP certification and is subsequently designated by an SSOA
or rail transit agency as a PTSCTP participant, the individual would
then need to meet the established recertification requirements for
designated PTSCTP participants within two (2) years of designation.
Subpart C--Administrative Requirements
Section 672.21--Records
This section establishes new administrative requirements for
recipients subject to the requirements of the rule, including SSOAs and
rail transit agencies.
Section 672.21(a) clarifies an applicable grantee's
responsibilities for ensuring its designated personnel meet the
requirements established by this part. These responsibilities include
ensuring designated personnel are enrolled in the PTSCTP, ensuring
designated personnel complete the initial training within three years
of enrollment, and ensuring designated personnel complete
recertification every two years upon completion of the initial PTSCTP
curriculum.
Section 672.21(b) establishes the requirement for SSOAs and rail
transit agencies to identify a single point of contact (POC) at the
agency who will serve as a liaison with FTA regarding PTSCTP records.
FTA expects recipients to provide FTA with standard contact information
for the identified PTSCTP POC, including name, title, phone number, and
email address.
Section 672.21(c) establishes the responsibilities of the
identified PTSCTP POC, including informing FTA of changes in enrolled
PTSCTP participants, enrolling new PTSCTP participants, and confirming
recertification requirements and completion for participants. FTA
expects to conduct PTSCTP-related communication with recipients through
email ([email protected]) until such time as FTA defines an
alternative method for information submission.
Section 672.21(d), FTA establishes a semiannual reporting
requirement for the PTSCTP. This section sets the requirement for the
identified PTSCTP POC to submit a current list of individuals
designated as required PTSCTP participants, and the course or courses
that that agency has identified as required for PTSCTP recertification.
For recertification requirement documentation, the PTSCTP POC must
report the specific name and length of each course, as well as the name
of the course training provider or developer.
Section 672.21(e) clarifies the existing requirement for SSOAs to
submit a technical training plan to FTA as part of its annual reporting
requirements established at Sec. 674.39 of this chapter. FTA has also
replaced the reference to ``System Safety Program Plan'' in Appendix A
of the current rule with ``Agency Safety Plan'' in Sec. 672.21(e)(3).
This section also sets the requirement for training records to include
the minimum passing scores for proficiency tests. This provides FTA
with the parameters for designated personnel to pass or fail the
subject proficiency test and enables FTA to interpret proficiency test
scores.
Section 672.23--Availability of Records
This final rule does not amend this section.
Subpart D--Administrative Requirements
Section 672.31--Requirement To Certify Compliance
The final rule does not amend this section.
IV. Regulatory Analyses and Notices
Executive Order 12866 (Regulatory Planning and Review) and Executive
Order 13563 (Improving Regulation and Regulatory Review)
Executive Order 12866 (``Regulatory Planning and Review''), as
supplemented by Executive Order 13563 (``Improving Regulation and
Regulatory Review'') and Executive Order 14094 (``Modernizing
Regulatory Review''), directs Federal agencies to assess the benefits
and costs of regulations, to select regulatory approaches that maximize
net benefits when possible, and to consider economic, environmental,
and distributional effects. It also directs the Office of Management
and Budget (OMB) to review significant regulatory actions, including
regulations with annual economic effects of $200 million or more. OMB
has determined the final rule is not significant within the meaning of
Executive Order 12866.
Updates From the NPRM
The analysis for the final rule adds calculations using a discount
rate of 2 percent, following guidance in the November 2023 update to
OMB Circular A-4.\2\ The analysis also updates the assumed effective
date for the rule to 2024.
---------------------------------------------------------------------------
\2\ Office of Management and Budget (2023). ``Circular No. A-
4.'' https://www.whitehouse.gov/wp-content/uploads/2023/11/CircularA-4.pdf.
---------------------------------------------------------------------------
Overview and Need for Regulation
The final rule would add administrative and training requirements
for SSOAs and rail transit agencies subject to the requirements of the
PTSCTP. The rule would require each agency to establish a point of
[[Page 66005]]
contact who would enroll designated personnel and submit proof of their
training. SSOAs and rail transit agencies (RTAs) would also provide
semiannual documentation to FTA. Finally, the rule would require
designated personnel to complete FTA-defined recertification training
every two years.
Benefits
The final rule would lead to increased agency compliance with
PTSCTP requirements. This analysis does not estimate benefits from
increased compliance, however, because the economic analysis for the
PTSCP rule that established the requirements assumed that agencies
would have full compliance. Estimating benefits would therefore lead to
double counting.
The final rule would also lead to minor cost savings for FTA staff
and contractors, who would need to spend less time verifying that
agency employees met training requirements. To estimate cost savings,
FTA used time and wage estimates for federal employees and contractors
currently supporting the PTSCP program. In 2022 dollars, the rule would
have an estimated annual cost savings of $5,900 (Table 2).
Table 2--Annual Cost Savings
[2022 Dollars]
----------------------------------------------------------------------------------------------------------------
Staff Annual hours Wages or rates Cost savings
----------------------------------------------------------------------------------------------------------------
FTA program manager.................................... 40 $93.56 $2,428
Contractor program manager............................. 12 179.32 2,152
Contractor analyst..................................... 12 110.34 1,324
--------------------------------------------------------
Total.............................................. 64 ................. 5,904
----------------------------------------------------------------------------------------------------------------
Costs
To estimate the costs of meeting the new requirements, FTA
estimated the number of entities affected, the number and type of staff
involved, and the time needed (Table 3). The requirements would affect
31 SSOAs and 64 rail transit agencies in operation as of March 1,
2023.3 4
---------------------------------------------------------------------------
\3\ Federal Transit Administration. March 19, 2024. ``State
Safety Oversight Contacts.'' https://www.transit.dot.gov/regulations-and-guidance/safety/state-safety-oversight-contacts.
\4\ Federal Transit Administration. 2023. ``National Transit
Database: 2022 Annual Database Service.'' https://www.transit.dot.gov/ntd/data-product/2022-annual-database-service.
Table 3--Annual Staff and Hours Needed To Meet Requirements
----------------------------------------------------------------------------------------------------------------
Requirement Affected entities Annual hours Total hours
----------------------------------------------------------------------------------------------------------------
Staff enrollment..................... 31 SSOAs; 64 rail 12............................. 1,140
transit agencies.
Point of contact identification...... 31 SSOAs; 64 rail 2.............................. 190
transit agencies.
Point of contact responsibilities.... 31 SSOAs; 64 rail 24............................. 2,280
transit agencies.
Semi-annual reporting................ 31 SSOAs; 64 rail 4.............................. 380
transit agencies.
Refresher training................... 175 SSOA employees; 439 4 (8 hours every 2 years)...... 2,456
rail transit agency
employees.
--------------------------------------------------------------------------
Total............................ ........................ ............................... 6,446
----------------------------------------------------------------------------------------------------------------
To estimate the value of staff time spent on the requirements, FTA
used May 2022 occupational wage data from the Bureau of Labor
Statistics, the latest available as of March 2024, in the ``Transit and
Ground Passenger Transportation'' industry (North American Industry
Classification System code 485000).\5\ The ``General and Operations
Managers'' (code 11-1021) was used to represent the wages of SSOA and
rail transit agency points of contact. For SSOA and rail transit agency
personnel completing training, the ``Transportation Inspectors'' (code
53-6051) occupational category was used. FTA used median hourly wages
as a basis for the estimates, multiplying the wages by 1.62 to account
for employer benefits.\6\
---------------------------------------------------------------------------
\5\ Bureau of Labor Statistics. 2023. ``May 2022 National
Occupational Employment and Wage Estimates: United States: NAICS
485000--Transit and Ground Passenger Transportation.'' https://www.bls.gov/oes/current/naics3_485000.htm.
\6\ Multiplier derived using Bureau of Labor Statistics data on
employer costs for employee compensation in December 22 (https://www.bls.gov/news.release/ecec.htm). Employer costs for state and
local government workers averaged $57.60 an hour, with $35.69 for
wages and $21.95 for benefit costs. To estimate full costs from
wages, one would use a multiplier of $57.60/$21.95, or 1.62.
Table 4--Occupational Categories and Wages Used To Value Staff Time
[2022 Dollars]
----------------------------------------------------------------------------------------------------------------
Median hourly Wage with
Staff Occupational category Code wage benefits
----------------------------------------------------------------------------------------------------------------
SSOA and RTA POCs..................... General and Operations 11-1021 $37.63 $60.69
Managers.
SSOA and RTA personnel................ Transportation 53-6051 21.61 34.86
Inspectors.
----------------------------------------------------------------------------------------------------------------
[[Page 66006]]
The administrative and reporting requirements of the proposed rule
have estimated annual costs of $318,000 (Table 5). The largest annual
costs are for point of contact responsibilities ($128,000) and
refresher training ($86,000). FTA would also incur minimal one-time
costs to develop the refresher training materials.
Table 5--Annual Costs for Administrative and Training Requirements
[2022 Dollars]
------------------------------------------------------------------------
Requirement Annual costs
------------------------------------------------------------------------
Staff enrollment..................................... $69,191
Point of contact identification...................... 11,532
Point of contact responsibilities.................... 128,337
Semi-annual reporting................................ 23,064
Refresher training................................... 85,603
------------------
Total............................................ 317,726
------------------------------------------------------------------------
Summary
Table 6 summarizes the economic effects of the proposed rule over
the first ten years of the rule from 2024--the assumed effective date
of the rule--to 2033 in 2022 dollars. On an annualized basis, the rule
would have net costs of $318,000 at a 2 percent discount rate, $321,000
at a 3 percent rate, and $334,000 at a 7 percent rate, discounted to
2024.
Table 6--Summary of Economic Effects, 2024-2033
[2022 Dollars, discounted to 2023]
----------------------------------------------------------------------------------------------------------------
Item Annualized (2%) Annualized (3%) Annualized (7%)
----------------------------------------------------------------------------------------------------------------
Benefits:
Cost savings for FTA staff......................... $6,081 $6,317
Costs:
Staff enrollment................................... 70,574 71,266 74,034
Point of contact identification.................... 11,762 11,878 12,339
Point of contact responsibilities.................. 130,903 132,187 137,320
Semi-annual reporting.............................. 23,525 23,755 24,678
Refresher training................................. 87,316 88,172 91,596
Total costs.................................... 324,080 327,258 339,967
--------------------------------------------------------
Net costs.................................. 318,059 321,177 333,650
----------------------------------------------------------------------------------------------------------------
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (RFA) (5 U.S.C. 601 et seq.)
requires Federal agencies to assess the impact of a regulation on small
entities unless the agency determines that the regulation is not
expected to have a significant economic impact on a substantial number
of small entities.
The final rule requires SSOAs and rail transit agencies to meet
additional administrative requirements. Under the Regulatory
Flexibility Act, local governments and other public-sector
organizations qualify as small entities if they serve a population of
less than 50,000. State agencies do not qualify, and no rail transit
agency serves an urbanized area with a population of less than 50,000.
FTA has therefore determined that the final rule would not have a
significant effect on a substantial number of small entities.
Unfunded Mandates Reform Act of 1995
FTA has determined that this rule does not impose unfunded
mandates, as defined by the Unfunded Mandates Reform Act of 1995 (2
U.S.C. 1532). This rule does not include a Federal mandate that may
result in the expenditure by State, local, and tribal governments, in
the aggregate, or by the private sector of $100 million or more
(adjusted for inflation) in any one year. Additionally, the definition
of ``Federal mandate'' in the Unfunded Mandates Reform Act excludes
financial assistance of the type in which State, local, or tribal
governments have authority to adjust their participation in the program
in accordance with changes made in the program by the Federal
Government. The Federal Transit Act permits this type of flexibility.
Executive Order 13132 (Federalism Assessment)
Executive Order 13132 requires agencies to assure meaningful and
timely input by State and local officials in the development of
regulatory policies that may have a substantial direct 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. This action has been analyzed in
accordance with the principles and criteria contained in Executive
Order 13132 and FTA determined this action will not have a substantial
direct effect or sufficient federalism implications on the States. FTA
also determined this action will not preempt any State law or
regulation or affect the States' ability to discharge traditional State
governmental functions.
Executive Order 12372 (Intergovernmental Review)
The regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities apply
to this program.
Paperwork Reduction Act
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.) (PRA) and the White House Office of Management and
Budget's
[[Page 66007]]
(OMB) implementing regulation at 5 CFR 1320.8(d), FTA is seeking
approval from OMB for a currently approved information collection that
is associated with a notice of proposed rulemaking. The information
collection (IC) was previously approved on October 4, 2022. However,
this submission includes administrative requirements that will impact
the information collected and the responding burden hours and costs to
recipients.
Type of Collection: Operators of public transportation systems.
Type of Review: OMB Clearance. Previously Approved Information
Collection Request.
Summary of the Collection: The information collection (IC) provides
minimum training requirements for Federal and State personnel and
contractors who conduct safety audits and examinations of transit
systems and for transit agency personnel and contractors who are
directly responsible for safety oversight to enhance the technical
proficiency.
Need for and Expected Use of the Information to be Collected:
Collection of information for this program is necessary to ensure FTA
grantees subject to the PTSCTP regulation certify compliance with
training and recertification training requirements and allow FTA to
monitor ongoing PTSCTP participation and compliance. The program
establishes a uniform curriculum for safety training that consists of
minimum requirements to enhance the technical proficiency of transit
safety personnel.
Respondents: Respondents include State Safety Oversight Agency
personnel and contractors who conduct safety audits and examinations of
rail transit systems, rail transit agency personnel and contractors who
are directly responsible for safety oversight, and bus transit agency
personnel and contractors who are directly responsible for safety
oversight.
Frequency: Annual, Periodic.
National Environmental Policy Act
Federal agencies are required to adopt implementing procedures for
the National Environmental Policy Act (NEPA) that establish specific
criteria for, and identification of, three classes of actions: (1)
Those that normally require preparation of an Environmental Impact
Statement, (2) those that normally require preparation of an
Environmental Assessment, and (3) those that are categorically excluded
from further NEPA review (40 CFR 1507.3(b)). This rule qualifies for
categorical exclusions under 23 CFR 771.118(c)(4) (planning and
administrative activities that do not involve or lead directly to
construction). FTA has evaluated whether the rule will involve unusual
or extraordinary circumstances and has determined that it will not.
Executive Order 12630 (Taking of Private Property)
FTA has analyzed this rule under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights. FTA does not believe this rule affects a taking of
private property or otherwise has taking implications under Executive
Order 12630.
Executive Order 12988 (Civil Justice Reform)
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Executive Order 13045 (Protection of Children)
FTA has analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. FTA
certifies that this action will not cause an environmental risk to
health or safety that might disproportionately affect children.
Executive Order 13175 (Tribal Consultation)
FTA has analyzed this rule under Executive Order 13175, dated
November 6, 2000, and believes that it will not have substantial direct
effects on one or more Indian tribes; will not impose substantial
direct compliance costs on Indian tribal governments; and will not
preempt tribal laws. Therefore, a tribal summary impact statement is
not required.
Executive Order 13211 (Energy Effects)
FTA has analyzed this action under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. FTA has determined that this action is not a
significant energy action under that order and is not likely to have a
significant adverse effect on the supply, distribution, or use of
energy. Therefore, a Statement of Energy Effects is not required.
Executive Orders 14096, 12898 (Environmental Justice)
Executive Order 14096 (Revitalizing Our Nation's Commitment to
Environmental Justice for All)(April 21, 2023)(which builds upon
Executive Order 12898) and DOT Order 5610.2(a) (77 FR 27534) \7\
require DOT agencies to achieve environmental justice (EJ) as part of
their mission consistent with statutory authority by identifying,
analyzing, and addressing, as appropriate, disproportionate and adverse
human health or environmental effects, including those related to
climate change and cumulative impacts of environmental and other
burdens on communities with EJ concerns. All DOT agencies seek to
advance these policy goals and to engage in this analysis as
appropriate in all rulemaking activities. On August 15, 2012, FTA's
Circular 4703.1 became effective, which contains guidance for
recipients of FTA financial assistance to incorporate EJ principles
into plans, projects, and activities.\8\
---------------------------------------------------------------------------
\7\ Department of Transportation Updated Environmental Justice
Order 5610.2(a): Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations, 77 FR 27534 (May
10, 2012). https://www.transportation.gov/transportation-policy/environmental-justice/department-transportation-order-56102a.
\8\ Federal Transit Administration (February 2020).
``Environmental Justice Policy Guidance for Federal Transit
Administration Recipients.'' https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/environmental-justice-policy-guidance-federal-transit.
---------------------------------------------------------------------------
FTA has evaluated this action under its environmental justice
policies and FTA has determined that this action will not cause
disproportionate and adverse human health and environmental effects on
communities with EJ concerns.
Regulation Identifier Number
A Regulation Identifier Number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document can be used to cross-reference this rule with the
Unified Agenda.
List of Subjects in 49 CFR Part 672
Mass transportation, Reporting and recordkeeping requirements,
Safety.
Veronica Vanterpool,
Acting Administrator.
0
In consideration of the foregoing, and under the authority of 49 U.S.C.
5329 and 5334, and the delegation of authority at 49 CFR 1.91, the
Federal Transit Administration revises 49 CFR part 672 to read as
follows:
[[Page 66008]]
PART 672--PUBLIC TRANSPORTATION SAFETY CERTIFICATION TRAINING
PROGRAM
Subpart A--General Provisions
Sec.
672.1 Purpose.
672.3 Scope and applicability.
672.5 Definitions.
Subpart B--Training Requirements
672.11 State Safety Oversight Agency employees and contractors who
conduct safety reviews, inspections, examinations, and other safety
oversight activities of rail fixed guideway public transportation
systems.
672.13 Rail transit agency employees and contractors who are
directly responsible for the safety oversight of a rail fixed
guideway public transportation system.
672.15 Evaluation of prior certification and training.
672.17 Voluntary participants.
Subpart C--Administrative Requirements
672.21 Records.
672.23 Availability of records.
Subpart D--Compliance and Certification Requirements
672.31 Requirement to certify compliance.
Authority: 49 U.S.C. 5329, 5334; 49 CFR 1.91.
Subpart A--General Provisions
Sec. 672.1 Purpose.
(a) This part implements a uniform safety certification training
curriculum and requirements to enhance the technical proficiency of
individuals who conduct safety reviews, inspections, examinations, and
other safety oversight activities of public transportation systems
operated by public transportation agencies and those who are directly
responsible for safety oversight of public transportation agencies.
(b) This part does not preempt any safety certification training
requirements required by a State for public transportation agencies
within its jurisdiction.
Sec. 672.3 Scope and applicability.
(a) In general, this part applies to all recipients of Federal
financial assistance under 49 U.S.C. chapter 53.
(b) The requirements of this part apply only to:
(1) State Safety Oversight Agencies (SSOAs) and their employees and
contractors that conduct safety reviews, inspections, examinations, and
other safety oversight activities of rail fixed guideway public
transportation systems, and
(2) Rail transit agencies and their employees and contractors who
are directly responsible for the safety oversight of a recipient's rail
fixed guideway public transportation systems.
(c) Voluntary participants may complete the Public Transportation
Safety Certification Training Program curriculum in accordance with
this part.
Sec. 672.5 Definitions.
As used in this part:
Administrator means the Federal Transit Administrator or the
Administrator's designee.
Contractor means an entity that performs tasks on behalf of the
Federal Transit Administration (FTA), a State Safety Oversight Agency
(SSOA), or public transportation agency through contract or other
agreement.
Designated personnel means:
(1) Employees and contractors identified by a recipient whose job
function is directly responsible for safety oversight of the public
transportation system of the public transportation agency; or
(2) Employees and contractors of a State Safety Oversight Agency
(SSOA) whose job function requires them to conduct reviews,
inspections, examinations, and other safety oversight activities of the
rail fixed guideway public transportation systems subject to the
jurisdiction of the agency.
Directly responsible for safety oversight means public
transportation agency personnel whose primary job function includes the
development, implementation, and review of the agency's safety plan
and/or the State Safety Oversight Agency (SSOA) requirements for the
rail fixed guideway public transportation system pursuant to 49 CFR
part 674.
Examination means a process for gathering or analyzing facts or
information related to the safety of a public transportation system.
FTA means the Federal Transit Administration, an operating
administration within the United States Department of Transportation.
Initial training means the group of specific courses an individual
must complete within three (3) years of enrollment in the Public
Transportation Safety Certification Training Program to receive their
first program certificate.
Public transportation agency means an entity that provides public
transportation service as defined in 49 U.S.C. 5302 and that has one or
more modes of service not subject to the safety oversight requirements
of another Federal agency.
Public Transportation Safety Certification Training Program
curriculum means the initial training designated personnel or voluntary
participants must complete to receive the Public Transportation Safety
Certification Training Program certificate of completion.
Rail fixed guideway public transportation system means any fixed
guideway system, or any such system in engineering or construction,
that uses rail, is operated for public transportation, is within the
jurisdiction of a State, and is not subject to the jurisdiction of the
Federal Railroad Administration. These systems include but are not
limited to rapid rail, heavy rail, light rail, monorail, trolley,
inclined plane, funicular, and automated guideway.
Rail transit agency means any entity that provides services on a
rail fixed guideway public transportation system.
Recertification means the process of renewing an individual's
Public Transportation Safety Certification Training Program
certification for two years.
Recertification training means the training courses or activities
designated personnel must complete within two (2) years of completing
the Public Transportation Safety Certification Training Program
curriculum to maintain certification and every two (2) years
thereafter.
Recipient means a State or local governmental authority or any
other operator of a public transportation system receiving financial
assistance under 49 U.S.C. chapter 53.
Safety review means a review or analysis of safety records and
related materials.
State means a State of the United States, the District of Columbia,
Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and
the Virgin Islands.
State Safety Oversight Agency (SSOA) means an agency established by
a State that meets the requirements and performs the functions
specified by 49 U.S.C. 5329(e) and (k) and the regulations set forth in
49 CFR part 674.
Voluntary participant means an individual participating in the
Public Transportation Safety Certification Training Program that is not
subject to the requirements of this part, including:
(1) Employees and contractors of an applicable recipient that have
not been designated under Sec. 672.11(a) or Sec. 672.13(a), and
(2) Individuals who are not employees or contractors of an
applicable recipient.
[[Page 66009]]
Subpart B--Training Requirements
Sec. 672.11 State Safety Oversight Agency employees and contractors
who conduct safety reviews, inspections, examinations, and other safety
oversight activities of rail fixed guideway public transportation
systems.
(a) Each SSOA shall designate its employees and contractors that
must comply with the applicable training requirements of this part and
the Public Transportation Safety Certification Training Program
(PTSCTP) curriculum. Each SSOA must designate employees and contractors
who conduct reviews, inspections, examinations, and other safety
oversight activities of public transportation systems, including
appropriate managers and supervisors of such personnel.
(b) Each SSOA shall ensure that each designated individual is
enrolled in the PTSCTP within 30 days of the individual's designation.
Each SSOA shall ensure the compliance of designated participants with
the applicable training requirements of this part and the PTSCTP
curriculum.
(c) Employees and contractors designated under paragraph (a) of
this section shall complete applicable training requirements of this
part and the PTSCTP curriculum within three (3) years of their initial
PTSCTP enrollment.
(d) Thereafter, upon completion of the PTSCTP curriculum,
designated personnel shall complete recertification every two (2)
years. Required recertification training shall consist of two elements:
(1) Element 1: Recertification training defined by FTA, and
(2) Element 2: Recertification training defined by the SSOA, which
must include, at a minimum, one (1) hour of safety oversight training.
Sec. 672.13 Rail transit agency employees and contractors who are
directly responsible for the safety oversight of a rail fixed guideway
public transportation system.
(a) Each rail transit agency shall designate its employees and
contractors who must comply with the applicable training requirements
of this part and the PTSCTP curriculum. Each rail transit agency must
designate employees and contractors who are directly responsible for
safety oversight of rail modes.
(b) Each rail transit agency shall ensure that each designated
individual is enrolled in the PTSCTP within 30 days of the individual's
designation. Each rail transit agency shall ensure the compliance of
designated participants with the applicable training requirements of
this part and the PTSCTP curriculum.
(c) Employees and contractors designated under paragraph (a) of
this section shall complete applicable training requirements of this
part and the PTSCTP curriculum within three (3) years of their initial
PTSCTP enrollment.
(d) Thereafter, upon completion of the PTSCTP curriculum,
designated personnel must complete recertification every two (2) years.
Required recertification training shall consist of two elements:
(1) Element 1: Specific recertification training defined by FTA,
and
(2) Element 2: Recertification training defined by the rail transit
agency, which must include, at a minimum, one (1) hour of safety
oversight training.
Sec. 672.15 Evaluation of prior certification and training.
(a) PTSCTP participants or an identified point of contact described
in Sec. 672.21(b) may request that FTA evaluate safety training or
certification previously obtained from another entity to determine if
the training satisfies an applicable training requirement of this part.
(b) Individuals requesting FTA evaluation of previously obtained
training or certification must provide FTA with an official transcript
or certificate of the training, a description of the curriculum and
competencies obtained, and a brief statement detailing how the training
or certification satisfies the applicable requirements of this part.
The required information must be submitted using an equivalency credit
request via electronic means defined by FTA.
(c) FTA will evaluate the submission and determine if a training
requirement of this part may be waived. If a waiver is granted,
designated personnel are responsible for completing all other
applicable requirements of this part.
Sec. 672.17 Voluntary participants.
(a) Individuals not subject to the requirements of this part may
participate voluntarily. To receive a certificate of completion as a
voluntary participant, individuals must complete the PTSCTP curriculum
within three (3) years of their enrollment. Voluntary participants are
not required to complete recertification. FTA will not recertify
voluntary participants.
(b) If a voluntary participant has received a PTSCTP certificate of
completion and is subsequently designated by an SSOA or rail transit
agency as a PTSCTP participant, the individual will need to complete
required recertification training within two (2) years of designation.
Subpart C--Administrative Requirements
Sec. 672.21 Records.
(a) General requirement. Each recipient subject to the requirements
of this part shall ensure that its designated personnel:
(1) Are enrolled in the PTSCTP;
(2) Complete the initial training specified in the PTSCTP
curriculum within three (3) years of their enrollment as a designated
participant; and
(3) Complete required recertification every two (2) years upon
completion of the PTSCTP curriculum.
(b) Point of contact identification. Each recipient, subject to the
requirements of this part, shall identify a single point of contact
(POC) for communication with FTA regarding PTSCTP information. The
recipient shall provide FTA, via electronic method defined by FTA, at a
minimum, the POC's name, title, phone number, and email address.
(c) Point of contact responsibilities. Each POC will serve as a
liaison between the recipient and FTA to inform FTA of changes in
designated personnel participating in the PTSCTP, enroll new
participants, submit proof of recertification for the recipient's
designated personnel, and address any other program documentation or
communications needs.
(d) Semiannual reporting. Semiannually, between January 1st and
January 31st and between July 1st and July 31st of each calendar year,
the identified POC must submit documentation to FTA, via electronic
method defined by FTA, that identifies:
(1) All employees and contractors of the recipient who are
designated as PTSCTP participants; and
(2) The course or courses the recipient has identified as required
recertification training for their designated personnel. The agency
identified recertification training must include, at a minimum, one (1)
hour of safety oversight training. The documentation must include the
complete name and length of each course, as well as the name of the
course training provider.
(e) SSOA requirement. (1) Each SSOA shall retain a record of the
technical training completed by its designated personnel in accordance
with the technical training requirements of this part. SSOAs shall
retain training records for at least five (5) years from the date the
record is created.
(2) Each SSOA shall develop and maintain a technical training plan
for
[[Page 66010]]
designated personnel who perform reviews, inspections, examinations,
and other safety oversight activities. The SSOA will submit its
technical training plan to FTA for review and evaluation as part of its
annual reporting to FTA as required under Sec. 674.39 of this chapter.
This review process will support the consultation required between FTA
and SSOAs regarding the staffing and qualification of the designated
personnel in accordance with 49 U.S.C. 5329(e)(3)(D).
(3) Each SSOA shall identify the tasks related to reviews,
inspections, examinations, and other safety oversight activities
requiring SSOA approval, which must be performed by the SSOA to carry
out its safety oversight requirements, and identify the skills and
knowledge necessary to perform each oversight task at that system. At a
minimum, the technical training plan will describe the process for
receiving technical training in the following competency areas
appropriate to the specific rail fixed guideway public transportation
system(s) for which reviews and inspections conducted:
(i) Agency organizational structure.
(ii) Agency Safety Plan.
(iii) Knowledge of agency:
(A) Territory and revenue service schedules.
(B) Current bulletins, general orders, and other associated
directives that ensure safe operations.
(C) Operations and maintenance rule books.
(D) Safety rules.
(E) Standard Operating Procedures.
(F) Roadway Worker Protection.
(G) Employee Hours of Service and Fatigue Management program.
(H) Employee Observation and Testing Program (Efficiency Testing).
(I) Employee training and certification requirements.
(J) Vehicle inspection and maintenance programs, schedules, and
records.
(K) Track inspection and maintenance programs, schedules and
records.
(L) Tunnels, bridges, and other structures inspection and
maintenance programs, schedules, and records.
(M) Traction power (substation, overhead catenary system, and third
rail), load dispatching, inspection and maintenance programs,
schedules, and records.
(N) Signal and train control inspection and maintenance programs,
schedules, and records.
(4) The SSOA will determine the length of time for the technical
training based on the skill level of the designated personnel relative
to the applicable rail transit agency(s). FTA will provide a template
as requested to assist the SSOA with preparing and monitoring its
technical training plan and will provide technical assistance as
requested. Each SSOA technical training plan that is submitted to FTA
for review will:
(i) Require designated personnel to successfully:
(A) Complete training that covers the skills and knowledge needed
to effectively perform the tasks.
(B) Pass a written and/or oral examination covering the skills and
knowledge required for the designated personnel to effectively perform
their tasks.
(C) Demonstrate hands-on capability to perform their tasks to the
satisfaction of the appropriate SSOA supervisor or designated
instructor.
(ii) Establish equivalencies or written and oral examinations to
allow designated personnel to demonstrate that they possess the skill
and qualification required to perform their tasks.
(iii) Require biennial recertification training to maintain
technical skills and abilities, which includes classroom and hands-on
training, as well as testing. Observation and evaluation of actual
performance of duties may be used to meet the hands-on portion of this
requirement, provided that such testing is documented.
(iv) Require that training records be maintained to demonstrate the
current qualification status of designated personnel assigned to carry
out the oversight program. Records may be maintained either
electronically or in writing and must be provided to FTA upon request.
Records must include the following information concerning each
designated personnel:
(A) Name;
(B) The title and date each training course was completed, the
proficiency test score(s), and the minimum passing score of the test,
where applicable;
(C) The content of each training course successfully completed;
(D) A description of the designated personnel's hands-on
performance applying the skills and knowledge required to perform the
tasks that the employee will be responsible for performing and the
factual basis supporting the determination;
(E) The tasks the designated personnel are deemed qualified to
perform; and
(F) Provide the date that the designated personnel's status as
qualified to perform the tasks expires, and the date in which biennial
recertification training is due.
(v) Ensure the qualification of contractors performing oversight
activities. SSOAs may use demonstrations, previous training and
education, and written and oral examinations to determine if
contractors possess the skill and qualification required to perform
their tasks.
(vi) Periodically assess the effectiveness of the technical
training. One method of validation and assessment could be efficiency
tests or periodic review of employee performance.
Sec. 672.23 Availability of records.
(a) Except as required by law, or expressly authorized or required
by this part, a recipient may not release information pertaining to
employees and contractors that is required by this part without the
written consent of the individual.
(b) Individuals are entitled, upon written request to the
recipient, to obtain copies of any records pertaining to their training
required by this part. The recipient shall promptly provide the records
requested by personnel and access shall not be contingent upon the
recipient's receipt of payment for the production of such records.
(c) A recipient shall permit access to all facilities utilized and
records compiled in accordance with the requirements of this part to
the Secretary of Transportation, the Federal Transit Administration, or
any State agency with jurisdiction over public transportation safety
oversight of the recipient.
(d) When requested by the National Transportation Safety Board as
part of an accident investigation, a recipient shall disclose
information related to the training of employees and contractors.
Subpart D--Compliance and Certification Requirements
Sec. 672.31 Requirement to certify compliance.
(a) A recipient of FTA financial assistance under 49 U.S.C. chapter
53 that is subject to the requirements of this part as specified in
Sec. 672.3(b) shall annually certify compliance with this part in
accordance with FTA's procedures for annual grant certification and
assurances.
(b) A certification must be authorized by the recipient's governing
board or other authorizing official and must be signed by a party
specifically authorized to do so.
[FR Doc. 2024-18097 Filed 8-13-24; 8:45 am]
BILLING CODE 4910-57-P
