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Proposed Rule2023-23515

Public Transportation Safety Certification Training Program

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Published

October 26, 2023

Issuing agencies

Transportation DepartmentFederal Transit Administration

Abstract

The Federal Transit Administration (FTA) is proposing changes to requirements for the Public Transportation Safety Certification Training Program (PTSCTP). The Bipartisan Infrastructure Law, enacted as the Infrastructure Investment and Jobs Act (IIJA), established new requirements for FTA's Public Transportation Safety Program that relate to PTSCTP requirements. The proposed revisions would streamline the PTSCTP communication process and clarify voluntary PTSCTP participation and refresher training requirements. FTA seeks comments from project sponsors, the transit industry, unions, other stakeholders, and the public on the proposed changes to the regulation.

Full Text

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<title>Federal Register, Volume 88 Issue 206 (Thursday, October 26, 2023)</title>
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[Federal Register Volume 88, Number 206 (Thursday, October 26, 2023)]
[Proposed Rules]
[Pages 73573-73582]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23515]

[[Page 73573]]

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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), Department of
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The Federal Transit Administration (FTA) is proposing changes
to requirements for the Public Transportation Safety Certification
Training Program (PTSCTP). The Bipartisan Infrastructure Law, enacted
as the Infrastructure Investment and Jobs Act (IIJA), established new
requirements for FTA's Public Transportation Safety Program that relate
to PTSCTP requirements. The proposed revisions would streamline the
PTSCTP communication process and clarify voluntary PTSCTP participation
and refresher training requirements. FTA seeks comments from project
sponsors, the transit industry, unions, other stakeholders, and the
public on the proposed changes to the regulation.

DATES: Comments should be filed by December 26, 2023. FTA will
consider comments received after that date to the extent practicable.

ADDRESSES: You may send comments, identified by docket number FTA-2023-
0025, by any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the instructions for sending comments.
<bullet> Fax: (202) 493-2251.
<bullet> Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
<bullet> Hand Delivery/Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and
5 p.m. ET, Monday through Friday, except Federal holidays.
Instructions: All submissions received must include the agency name
and docket number or Regulatory Information Number (RIN) for this
rulemaking. All comments received will be posted without change to
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the ``Public Participation''
heading of the SUPPLEMENTARY INFORMATION section of this document.
Docket: For access to the docket to read background documents or
comments received, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Background
documents and comments received may also be viewed at the U.S.
Department of Transportation, 1200 New Jersey Ave. SE, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, Washington,
DC 20590-0001, between 9 a.m. and 5 p.m. EST, Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: For program matters, contact Philip
Monty, Office of Transit Safety and Oversight, (202) 366-7412 or
<a href="/cdn-cgi/l/email-protection#47372f2e2b2e37692a2829333e0723283369202831">[email&#160;protected]</a>. For legal matters, contact Mark Montgomery,
Office of Chief Counsel, (202) 366-1017 or <a href="/cdn-cgi/l/email-protection#402d21322b6e2d2f2e34272f2d25323900242f346e272f36">[email&#160;protected]</a>.
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. Purpose of Regulatory Action
B. Statutory Authority
C. Summary of Major Provisions
D. Costs and Benefits (Table)
II. Section-by-Section Analysis
III. Regulatory Analyses and Notices

I. Executive Summary

A. Purpose of Regulatory Action

This Notice of Proposed Rulemaking (NPRM) proposes to amend the
Public Transportation Safety Certification Training Program (PTSCTP)
regulation at 49 CFR part 672. The proposed 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. The proposed rule adds administrative
requirements for recipients that are subject to the requirements of the
rule.

B. Statutory Authority

Congress directed FTA to establish a comprehensive Public
Transportation Safety Program, one element of which is the requirement
for the PTSCTP, in the Moving Ahead for Progress in the 21st Century
Act (Pub. L. 112-141) (MAP-21), which was reauthorized by the Fixing
America's Surface Transportation Act (Pub. L. 114-94). To implement the
requirements of 49 U.S.C. 5329(c), 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).
The Bipartisan Infrastructure Law, enacted as the Infrastructure
Investment and Jobs Act (Pub. L. 117-58) (IIJA), enhances the Public
Transportation Safety Program by adding new requirements that will be
addressed in the PTSCTP curriculum.

C. Summary of Major Provisions

The proposed rule would revise portions of part 672, ``Public
Transportation Safety Certification Training Program,'' in title 49 of
the Code of Federal Regulations.
In general, this rulemaking applies to all recipients of Federal
financial assistance under 49 U.S.C. chapter 53. However, the mandatory
requirements of this rulemaking currently apply only to SSOA employees
and contractors that conduct reviews, inspections, examinations, and
other safety oversight activities of rail fixed guideway public
transportation systems, and employees and contractors who are directly
responsible for the safety oversight of a recipient's rail fixed
guideway public transportation systems. In the preamble to the 2018
final rule, FTA noted that though the regulation currently only applies
to rail public transit providers, ``[s]hould analysis of safety data
and trends indicate increased safety risk in the bus transit industry,
FTA retains authority to implement mandatory training requirements for
bus transit safety oversight personnel'' as well (83 FR 34053, at
34055). Accordingly, FTA seeks recipient input on whether mandatory
PTSCTP participation should extend to bus transit agencies and
personnel.
First, FTA proposes requiring each recipient subject to the
requirements of this rulemaking to identify a single point of contact
to serve as a liaison with FTA regarding PTSCTP program information,
including changes in enrolled personnel, new participant enrollment,
refresher training confirmation, and other administrative needs. FTA
proposes requiring each SSOA and rail transit agency participating in
the PTSCTP to make semiannual submissions to FTA to include
confirmation of employees and contractors designated by the recipient
as PTSCTP participants and the recipient's refresher training
requirements. These submissions will

[[Page 73574]]

enable FTA to effectively monitor ongoing SSOA and rail transit agency
compliance with PTSCTP requirements and ensure FTA receives an agency's
PTSCTP participant information on a consistent and timely basis. FTA
will accept submissions via email at <a href="/cdn-cgi/l/email-protection#397f6d786a585f5c4d40694b5654564d505657795d564d175e564f">[email&#160;protected]</a> or via
other electronic means defined by FTA.
Second, FTA proposes adding language to clarify existing processes
related to PTSCTP voluntary participants. The new language addresses
voluntary participant refresher training for employees and contractors
of a recipient, as well as individuals not affiliated with a recipient,
and clarifies that to receive a certificate of completion as a
voluntary participant, individuals must complete the PTSCTP curriculum
within three (3) years of their enrollment. Further, the proposed
language clarifies that voluntary participants are not required to
complete refresher training and that FTA will not issue renewal
certificates to voluntary participants. The proposed language specifies
that 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 refresher training within two (2) years of designation.
Third, FTA proposes removing appendix A from the existing 49 CFR
part 672. FTA proposes moving the SSOA requirements located in appendix
A of the current rule to the body of the revised rule under subpart C.
To allow for greater flexibility in addressing industry training needs,
the PTSCTP curricula for mandatory and volunteer participants outlined
in appendix A of the current regulation will be removed from the rule.
FTA has published this information at: <a href="https://www.transportation.gov/tsi/public-transportation-safety-certification-training-program-ptsctp-certificate">https://www.transportation.gov/tsi/public-transportation-safety-certification-training-program-ptsctp-certificate</a>.

D. Benefits and Costs

The proposed 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 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
proposed rule over the first ten years from 2023--the assumed effective
date of the rule--to 2032 in 2022 dollars. On an annualized basis, the
rule would have net costs of $334,000 at a 7 percent discount rate
(discounted to 2023) and $321,000 at 3 percent.

Table 1--Summary of Economic Effects, 2023-2033
[$2022, discounted to 2023]
------------------------------------------------------------------------
Annualized Annualized
Item (7%) (3%)
------------------------------------------------------------------------
Benefits:
Cost savings for FTA staff.......... $6,317 $6,081
Costs:
Staff enrollment.................... 74,034 71,266
Point of contact identification..... 12,339 11,878
Point of contact responsibilities... 137,320 132,187
Semi-annual reporting............... 24,678 23,755
Refresher training.................. 91,596 88,172
-------------------------------
Total costs..................... 339,967 32,258
-------------------------------
Net costs....................... 333,650 321,177
------------------------------------------------------------------------

II. Section-by-Section Analysis

Throughout 49 CFR part 672, FTA proposes to eliminate existing
references to 49 CFR part 659. This regulation was rescinded following
the publication of 49 CFR part 674 (see 87 FR 6783), which defines
requirements for FTA's State Safety Oversight program.

Subpart A--General Provisions

Section 672.1 Purpose
FTA does not propose changes to this section.
Section 672.3 Scope and Applicability
FTA proposes dividing paragraph (b) into two paragraphs to provide
additional clarity. This change does not affect existing requirements.
FTA has provided additional detail regarding the activities that
serve as applicability criteria for designated personnel of SSOAs. The
revised language uses ``reviews'' instead of ``audits'' to align with
SSO Program terminology. The revised language adds the term
``inspections'' to address the new SSOA requirements for risk-based
inspections established by the Bipartisan Infrastructure Law.
Section 672.5 Definitions
FTA proposes adding a definition of ``Initial training.'' This
definition does not impact existing requirements and has been added to
provide clarity regarding training required to receive an initial
PTSCTP certificate of completion.
FTA proposes adding a definition of ``Public Transportation Safety
Certification Training Program curriculum''. This definition does not
impact existing requirements and has been added to provide clarity
regarding the courses an individual must complete as a participant.
FTA proposes revising the existing definition of ``Rail fixed
guideway public transportation system'' for clarity. The changes do not
impact existing requirements.
FTA proposes adding a definition of ``Rail transit agency.'' This
definition does not impact existing requirements and has been added to
provide clarity of a rail transit agency.
FTA proposes to revise the definition of ``Federal Transit
Administration'' to align with the definition used in other regulatory
updates.
FTA proposes adding a definition of ``Refresher training.'' This
definition is added to complement the proposed definition of ``Initial
training'' and does not impact existing requirements.
FTA proposes adding a definition for ``Safety review.'' This
definition has been added to clarify the term that is used in the SSOA
applicability language in Sec. 672.3(b)(1).
FTA proposes revising the definition of ``Designated personnel'' to
include the ``Safety review'' language changes

[[Page 73575]]

made to the applicability criteria and the change from the term
``audits'' to ``reviews.''
FTA proposes adding a definition of ``Voluntary participant.'' This
definition does not impact existing requirements and has been added to
provide clarity regarding voluntary participation.

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
This section establishes designation requirements for certain SSOA
employees and contractors. FTA proposes amending existing language to
provide clarity on the SSOA's responsibility for designating
individuals and ensuring a designee's compliance with the applicable
training requirements. These changes do not affect existing
requirements.
FTA proposes requiring SSOAs to ensure that designated personnel
are enrolled in the PTSCTP within 30 days of designation. The three-
year deadline for completing the applicable training requirements of
part 672 and the PTSCTP curriculum will be based on the participant's
PTSCTP enrollment date. With this 30-day requirement, FTA is ensuring
the accurate establishment of the three-year compliance deadline for
designated individuals.
FTA proposes to identify refresher training requirements for
designated SSOA participants in a new paragraph (d). FTA proposes
maintaining the existing PTSCTP refresher training requirement for
SSOA-defined refresher training, which must include at least one (1)
hour of safety oversight training. FTA proposes adding refresher
training developed by FTA as a second required refresher training
element.
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
This section establishes designation requirements for certain rail
transit agency employees and contractors. FTA proposes amending
existing language to provide clarity on the rail transit agency's
responsibility for designating individuals and ensuring a designee's
compliance with the applicable training requirements. These changes do
not affect existing requirements. FTA expects SSOAs to oversee the
designation of rail transit agency employees and contractors who are
directly responsible for the safety oversight of a rail fixed guideway
public transportation system as part of their required oversight duties
established under 49 CFR part 674.
FTA proposes requiring rail transit agencies to ensure that
designated personnel are enrolled in the PTSCTP within 30 days of
designation. The three-year deadline for completing the applicable
training requirements of part 672 and the PTSCTP curriculum will be
based on the participant's PTSCTP enrollment date. With this 30-day
requirement, FTA is ensuring the accurate establishment of the three-
year compliance deadline for designated individuals.
FTA proposes to identify refresher training requirements for
designated rail transit agency participants in a new paragraph (d). FTA
proposes maintaining the existing PTSCTP refresher training requirement
for refresher training defined by the rail transit agency, which must
include at least one (1) hour of safety oversight training. FTA
proposes adding refresher training developed by FTA as a second
required refresher training element. FTA intends for SSOAs to oversee a
rail transit agency's compliance with refresher training requirements
as part of their required oversight duties established under 49 CFR
part 674.
Section 672.15 Evaluation of Prior Certification and Training
FTA proposes revising Sec. 672.15 to clarify existing processes
regarding the evaluation of prior certification and training. If
participants would like credit for a non-FTA course to meet FTA course
requirements, FTA asks participants to submit an equivalency credit
request form available on FTA's website (<a href="https://www.transit.dot.gov/regulations-and-guidance/safety/safety-training">https://www.transit.dot.gov/regulations-and-guidance/safety/safety-training</a>) via email to
<a href="/cdn-cgi/l/email-protection#c88e9c899ba9aeadbcb198baa7a5a7bca1a7a688aca7bce6afa7be">[email&#160;protected]</a>. These changes do not affect existing
requirements.
Section 672.17 Voluntary Participants
FTA proposes adding this new section to provide clarification on
existing processes related to PTSCTP voluntary participants. This
section confirms FTA's classification of voluntary PTSCTP participation
and what voluntary participation entails. FTA proposes to eliminate
refresher training requirements previously associated with maintaining
voluntary PTSCTP certification and no longer renew certification for
voluntary participants. Refresher training requirements are defined for
designated participants in Sec. Sec. 672.11(d) and 672.13(d). 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 simply need to meet the established
refresher training requirements for designated PTSCTP participants
within two (2) years of designation.

Subpart C--Administrative Requirements

Section 672.21 Records
FTA proposes revising Sec. 672.21 to establish new administrative
requirements for recipients subject to the requirements of the rule,
including SSOAs and rail transit agencies. FTA expects to conduct
PTSCTP-related communication with recipients through email
(<a href="/cdn-cgi/l/email-protection#aceaf8edffcdcac9d8d5fcdec3c1c3d8c5c3c2ecc8c3d882cbc3da">[email&#160;protected]</a>) until such time as FTA defines an
alternative method for information submission.
FTA proposes revising Sec. 672.21(a), to clarify 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
required refresher training every two years upon completion of the
PTSCTP curriculum.
In Sec. 672.21(b), FTA proposes requiring 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.
In Sec. 672.21(c), FTA proposes to add a section outlining
responsibilities of the identified PTSCTP POC, including informing FTA
of changes in enrolled PTSCTP participants, enrolling new PTSCTP
participants, and confirming refresher training requirements and
completion for participants.
In Sec. 672.21(d), FTA proposes to add a semiannual reporting
requirement for PTSCTP. FTA proposes two reporting deadlines each year,
January 31 and July 31 each year. FTA proposes requiring the identified
PTSCTP POC to submit a current list of individuals designated as
required PTSCTP participants, a current list of individuals at the
agency that are enrolled voluntarily, and the course or courses that
that agency has identified as required PTSCTP refresher training.

[[Page 73576]]

For refresher training requirement documentation, FTA proposes
requiring the PTSCTP POC to report the specific name and length of each
course, as well as the name of the course training provider.
In Sec. 672.21(e), FTA proposes to clarify the existing
requirement for SSOAs to submit their Technical Training Plan to FTA as
part of its annual reporting requirements established at 49 CFR 674.39.
FTA has also replaced the reference to ``System Safety Program Plan''
in appendix A of the current rule with ``Agency Safety Plan'' in the
proposed Sec. 672.21(e). FTA also proposes requiring training records
to include the minimum passing scores for proficiency tests. This
provides FTA with the parameters for passing and failing the subject
proficiency test and enables FTA to interpret proficiency test scores.
Section 672.23 Availability of Records
FTA does not propose changes to this section.

Subpart D--Administrative Requirements

Section 672.31 Requirement To Certify Compliance
FTA does not propose changes to this section.

III. 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''), 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 that the proposed rule is not significant within the
meaning of Executive Order 12866.
Overview and Need for Regulation
The proposed rule would add administrative and training
requirements for SSOAs and rail transit agencies subject to the
requirements of the PTSCTP. The rulemaking would require each agency to
establish a point of contact who would enroll designated personnel and
submit proof of their training. SSOAs and RTAs would also provide
semiannual documentation to FTA. Finally, the rulemaking would require
designated personnel to complete FTA-defined refresher training every
two years.
Benefits
The proposed 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 proposed rule would also lead to 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 rulemaking would
have an estimated annual cost savings of $5,900 (table 1).

Table 1--Annual Cost Savings
[$2022]
----------------------------------------------------------------------------------------------------------------
Staff Annual hours Wages or rates Cost savings
----------------------------------------------------------------------------------------------------------------
FTA program manager \1\....................................... 40 $93.56 $2,428
Contractor program manager.................................... 12 179.32 2,152
Contractor analyst............................................ 12 110.34 1,324
-------------------------------------------------
Total..................................................... 64 ................ 5,904
----------------------------------------------------------------------------------------------------------------
\1\ Wages estimated for a Washington DC-based Federal employee on the General Schedule (GS) pay scale at the
midpoint of the GS-13 pay grade (step 5). <a href="https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2022/DCB_h.pdf">https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2022/DCB_h.pdf</a>.

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 2). The requirements would affect
31 SSOAs and 64 rail transit agencies in operation as of March 1,
2023.1 2
---------------------------------------------------------------------------

\1\ Federal Transit Administration. August 3, 2022. ``State
Safety Oversight Contacts.'' <a href="https://www.transit.dot.gov/regulations-and-guidance/safety/state-safety-oversight-contacts">https://www.transit.dot.gov/regulations-and-guidance/safety/state-safety-oversight-contacts</a>.
\2\ Federal Transit Administration. 2022. ``National Transit
Database: 2021 Annual Database Service.'' <a href="https://www.transit.dot.gov/ntd/data-product/2021-annual-database-service">https://www.transit.dot.gov/ntd/data-product/2021-annual-database-service</a>.

Table 2--Annual Staff and Hours Needed To Meet Requirements
----------------------------------------------------------------------------------------------------------------
Requirement Affected entities Annual hours Total hours
----------------------------------------------------------------------------------------------------------------
Staff enrollment....................... 31 SSOAs; 64 rail transit 12............................ 1,140
agencies.
Point of contact identification........ 31 SSOAs; 64 rail transit 2............................. 190
agencies.
Point of contact responsibilities...... 31 SSOAs; 64 rail transit 24............................ 2,280
agencies.
Semi-annual reporting.................. 31 SSOAs; 64 rail transit 4............................. 380
agencies.
Refresher training..................... 175 SSOA employees; 439 4 (8 hours every 2 years)..... 2,456
rail transit agency
employees.
--------------------------------------------
Total.............................. .......................... .............................. 6,446
----------------------------------------------------------------------------------------------------------------

[[Page 73577]]

To estimate the value of staff time spent on the requirements, FTA
used occupational wage data from the Bureau of Labor Statistics as of
May 2023 in the ``Transit and Ground Passenger Transportation''
industry (North American Industry Classification System code
485000).\3\ For SSOA and rail transit agency points of contact, the
closest occupational category is ``General and Operations Managers''
(code 11-1021). For SSOA and rail transit agency personnel completing
training, the closest occupational category is ``Transportation
Inspectors'' (code 53-6051). FTA used median hourly wages as a basis
for the estimates, multiplied by 1.62 to account for employer
benefits.\4\
---------------------------------------------------------------------------

\3\ Bureau of Labor Statistics. 2023. ``May 2022 National
Occupational Employment and Wage Estimates: United States: NAICS
485000--Transit and Ground Passenger Transportation.'' <a href="https://www.bls.gov/oes/current/naics3_485000.htm">https://www.bls.gov/oes/current/naics3_485000.htm</a>.
\4\ Multiplier derived using Bureau of Labor Statistics data on
employer costs for employee compensation in December 22 (<a href="https://www.bls.gov/news.release/ecec.htm">https://www.bls.gov/news.release/ecec.htm</a>). 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 3--Occupational Categories and Wages Used to Value Staff Time
[$2022]
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------
Source: Bureau of Labor Statistics, May 2022 National Occupational Employment and Wage Estimates.

The administrative and reporting requirements of the proposed rule
have estimated annual costs of $318,000 (table 4). 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 4--Annual Costs for Administrative and Training Requirements
[$2022]
------------------------------------------------------------------------
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 5 summarizes the economic effects of the proposed rule over
the first ten years of the rule from 2023--the assumed effective date
of the rule--to 2032 in 2022 dollars. On an annualized basis, the rule
would have net costs of $334,000 at a 7 percent discount rate
(discounted to 2023) and $321,000 at 3 percent.

Table 5--Summary of Economic Effects, 2023-2033
[$2022, discounted to 2023]
------------------------------------------------------------------------
Annualized Annualized
Item (7%) (3%)
------------------------------------------------------------------------
Benefits:
Cost savings for FTA staff.......... $6,317 $6,081
Costs:
Staff enrollment.................... 74,034 71,266
Point of contact identification..... 12,339 11,878
Point of contact responsibilities... 137,320 132,187
Semi-annual reporting............... 24,678 23,755
Refresher training.................. 91,596 88,172
-------------------------------
Total costs..................... 339,967 327,258
-------------------------------
Net costs....................... 333,650 321,177
------------------------------------------------------------------------

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.

[[Page 73578]]

The proposed rule would require 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 proposed 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 rulemaking does not impose unfunded
mandates, as defined by the Unfunded Mandates Reform Act of 1995 (Pub.
L. 104-4, March 22, 1995). This rulemaking 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, dated August 4, 1999, 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 (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 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 refresher 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 rulemaking 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 rulemaking will involve
unusual or extraordinary circumstances and has determined that it will
not.

Executive Order 12630 (Taking of Private Property)

FTA has analyzed this rulemaking under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights. FTA does not believe this rulemaking affects a taking
of private property or otherwise has taking implications under
Executive Order 12630.

Executive Order 12988 (Civil Justice Reform)

This rulemaking 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 rulemaking 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 rulemaking 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,

[[Page 73579]]

distribution, or use of energy. Therefore, a Statement of Energy
Effects is not required.

Executive Order 12898 (Environmental Justice)

Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations) and DOT
Order 5610.2(a) (77 FR 27534, May 10, 2012) (<a href="https://www.transportation.gov/transportation-policy/environmental-justice/department-transportation-order-56102a">https://www.transportation.gov/transportation-policy/environmental-justice/department-transportation-order-56102a</a>) require DOT agencies to achieve
Environmental Justice (EJ) as part of their mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health or environmental effects, including interrelated social and
economic effects, of their programs, policies, and activities on
minority and low-income populations. All DOT agencies must address
compliance with Executive Order 12898 and the DOT Order 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 (<a href="https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/environmental-justice-policy-guidance-federal-transit">https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/environmental-justice-policy-guidance-federal-transit</a>).
FTA has evaluated this action under the Executive order, the DOT
Order, and the FTA Circular and FTA has determined that this action
will not cause disproportionately high and adverse human health and
environmental effects on minority or low-income populations.

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 rulemaking with
the Unified Agenda.

List of Subjects in 49 CFR Part 672

Mass transportation, Reporting and recordkeeping requirements,
Safety, Transportation.

Nuria I. Fernandez
Administrator.

0
For the reasons stated in the preamble, and under the authority of 49
U.S.C. 5329(c), 5329(f), 5334, and the delegation of authority at 49
CFR 1.91, the Federal Transit Administration proposes to revise 49 CFR
part 672 as follows:

PART 672--Public Transportation Safety Certification Training
Program

Sec.
Subpart A--General Provisions
673.1 Purpose.
673.3 Scope and applicability.
673.5 Definitions.
Subpart B--Training Requirements
673.11 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.
673.13 Rail transit agency employees and contractors who are
directly responsible for the safety oversight of a rail fixed
guideway public transportation system.
673.15 Evaluation of prior certification and training.
673.17 Voluntary participants.
Subpart C--Administrative Requirements
673.21 Records.
673.23 Availability of records.
Subpart D--Compliance and Certification Requirements
673.31 Requirement to certify compliance.

Authority: 49 U.S.C. 5329(c)(f), 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 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 FTA, a
State Safety Oversight Agency, 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
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 part 674
of this chapter.
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

[[Page 73580]]

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.
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.
Refresher 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 and every two (2) years thereafter.
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 means an agency established by a
State that meets the requirements and performs the functions specified
by 49 U.S.C. 5329(e) and the regulations set forth in part 674 of this
chapter.
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.

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 refresher training every two (2)
years. Required refresher training shall consist of two elements:
(1) Element 1: Refresher training defined by FTA, and
(2) Element 2: Refresher 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 that 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 refresher training every two (2)
years. Required refresher training shall consist of two elements:
(1) Element 1: Specific refresher training defined by FTA, and
(2) Element 2: Refresher 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 refresher training. FTA will not issue renewal
certificates to 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 refresher 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;

[[Page 73581]]

(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 refresher training 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 for
communication with FTA regarding PTSCTP information. The recipient
shall provide FTA, via electronic method defined by FTA, at a minimum,
the point of contact's name, title, phone number, and email address.
(c) Point of contact responsibilities. Each point of contact 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 refresher training 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 point of contact 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
refresher training for their designated personnel. The agency
identified refresher 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 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 at 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; and
(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 refresher 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
refresher training is due.
(iv) 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

[[Page 73582]]

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. 2023-23515 Filed 10-25-23; 8:45 am]
BILLING CODE 4910-57-P

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