Home/Federal/Federal Register/2024-18097

Rule2024-18097

Public Transportation Safety Certification Training Program

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published

August 14, 2024

Effective

November 1, 2024

Issuing agencies

Transportation DepartmentFederal Transit Administration

Abstract

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.

Full Text

<html>
<head>
<title>Federal Register, Volume 89 Issue 157 (Wednesday, August 14, 2024)</title>
</head>
<body><pre>
[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18097]

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

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.

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

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 <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> 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 <a href="/cdn-cgi/l/email-protection#84c2d0c5a9cfeaebf3e8e1e0e3e1c4e0ebf0aae3ebf2">[email&#160;protected]</a> at least three business days
prior to the event. If you have any questions, please email <a href="/cdn-cgi/l/email-protection#4e081a0f6305202139222b2a292b0e2a213a60292138">[email&#160;protected]</a>.

FOR FURTHER INFORMATION CONTACT: For program matters, contact Jeremy
Furrer, Office of Transit Safety and Oversight (TSO), (202) 366-8929 or
<a href="/cdn-cgi/l/email-protection#92f8f7e0f7ffebbcf4e7e0e0f7e0d2f6fde6bcf5fde4">[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#f59894879edb989a9b81929a9890878cb5919a81db929a83">[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. 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:
<bullet> 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.
<bullet> Requirement for SSOAs and rail transit agencies to
establish a point of contact for communication with FTA regarding
PTSCTP participation and enrollment.
<bullet> 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.
<bullet> Clarification of voluntary participation in the PTSCTP.
<bullet> 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

[[Page 66000]]

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]
----------------------------------------------------------------------------------------------------------------
Item Annualized (2%) Annualized (3%) Annualized (7%)
----------------------------------------------------------------------------------------------------------------
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
--------------------------------------------------------
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.
---------------------------------------------------------------------------

\1\ Public Transportation Safety Certification Training Program,
88 FR 73573 (October 26, 2023). <a href="https://www.federalregister.gov/documents/2023/10/26/2023-23515/public-transportation-safety-certification-training-program">https://www.federalregister.gov/documents/2023/10/26/2023-23515/public-transportation-safety-certification-training-program</a>.
---------------------------------------------------------------------------

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 (<a href="https://www.transit.dot.gov/regulations-and-programs/safety/ptsctp-refresher-training-overview-fact-sheet">https://www.transit.dot.gov/regulations-and-programs/safety/ptsctp-refresher-training-overview-fact-sheet</a>) 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 (<a href="/cdn-cgi/l/email-protection#1452405547757271606d44667b797b607d7b7a54707b603a737b62">[email&#160;protected]</a>) 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.'' <a href="https://www.whitehouse.gov/wp-content/uploads/2023/11/CircularA-4.pdf">https://www.whitehouse.gov/wp-content/uploads/2023/11/CircularA-4.pdf</a>.
---------------------------------------------------------------------------

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.'' <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>.
\4\ Federal Transit Administration. 2023. ``National Transit
Database: 2022 Annual Database Service.'' <a href="https://www.transit.dot.gov/ntd/data-product/2022-annual-database-service">https://www.transit.dot.gov/ntd/data-product/2022-annual-database-service</a>.

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.'' <a href="https://www.bls.gov/oes/current/naics3_485000.htm">https://www.bls.gov/oes/current/naics3_485000.htm</a>.
\6\ 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 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). <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>.
\8\ Federal Transit Administration (February 2020).
``Environmental Justice Policy Guidance for Federal Transit
Administration Recipients.'' <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 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

</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>

View on FederalRegister.gov →Plain-text source

Indexed from Federal Register on August 14, 2024.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.