Proposed Rule2025-12173
Transit Worker Hours of Service and Fatigue Risk Management; Withdrawal
Primary source
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Published
July 1, 2025
Issuing agencies
Transportation DepartmentFederal Transit Administration
Abstract
FTA is withdrawing the October 30, 2023, advance notice of proposed rulemaking (ANPRM) concerning minimum safety standards to address fatigue-related safety incidents. FTA has determined not to issue a notice of proposed rulemaking at this time.
Full Text
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<title>Federal Register, Volume 90 Issue 124 (Tuesday, July 1, 2025)</title>
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[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Proposed Rules]
[Pages 28700-28701]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12173]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
49 CFR Part 675
[Docket No. FTA-2023-0018]
RIN 2132-AB46
Transit Worker Hours of Service and Fatigue Risk Management;
Withdrawal
AGENCY: Federal Transit Administration (FTA), Department of
Transportation (DOT).
ACTION: Advance notice of proposed rulemaking (ANPRM); withdrawal.
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SUMMARY: FTA is withdrawing the October 30, 2023, advance notice of
proposed rulemaking (ANPRM) concerning minimum safety standards to
address fatigue-related safety incidents. FTA has determined not to
issue a notice of proposed rulemaking at this time.
DATES: The ANPRM published on October 30, 2023, at 88 FR 74107 is
withdrawn as of July 1, 2025.
ADDRESSES: You may send comments, identified by docket number FTA-
2023-0018, by any of the following methods:
<bullet> Federal Rulemaking 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.
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 Jeremy
Furrer, Office of Transit Safety and Oversight (TSO), (202) 366-8929,
or <a href="/cdn-cgi/l/email-protection#ef858a9d8a8296c1899a9d9d8a9daf8b809bc1888099"><span class="__cf_email__" data-cfemail="29434c5b4c4450074f5c5b5b4c5b694d465d074e465f">[email protected]</span></a>. For legal matters, contact Mark Montgomery,
Office of Chief Counsel, (202) 366-1017, or <a href="/cdn-cgi/l/email-protection#fd909c8f96d3909293899a9290988f84bd999289d39a928b"><span class="__cf_email__" data-cfemail="234e4251480d4e4c4d57444c4e46515a63474c570d444c55">[email protected]</span></a>.
Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday,
except Federal holidays.
SUPPLEMENTARY INFORMATION:
Background
On October 30, 2023, FTA published an ANPRM seeking public input on
minimum safety standards to provide protections for transit workers to
obtain adequate rest to reduce the risk of fatigue-related safety
incidents (88 FR 74107). Specifically, FTA sought public input in two
areas: (1) hours of service; and (2) fatigue risk management programs.
FTA received 76 relevant comments in response to the ANPRM but did not
receive specific information about current hours of service and fatigue
policies and regulations. The submitted comments were generally
supportive of FTA action to mitigate transit worker fatigue but
expressed concerns about the lack of available data needed to produce
an effective rulemaking.
Subsequently, FTA issued a request for information (RFI) directly
to all 797 agencies subject to the Public Transportation Agency Safety
Plan (PTASP) regulation at 49 CFR part 673, including State departments
of transportation and State safety oversight agencies (SSOAs). The RFI
sought to collect information related to current policies and
requirements mitigating the risk of fatigue-related safety incidents
through hours of service policies and/or fatigue risk management
programs. FTA received responses from 261 organizations, including 239
comments from PTASP agencies sharing useful information about current
fatigue mitigation praxis. The comments revealed that 129 agencies
already have some form of hours of service policy and 41 agencies have
a fatigue risk management plan. An additional 32 agencies use fatigue
management practices without having a fully formalized policy in place.
FTA's Reason for Withdrawal
FTA has determined not to proceed with an NPRM at this time because
safety risks associated with transit worker fatigue are covered by the
PTASP regulation at 49 CFR part 673. That regulation requires operators
of public transportation systems that receive Federal funds under the
FTA Urbanized Area Formula Grants (49 U.S.C. 5307), and rail transit
agencies subject to the FTA State Safety Oversight (SSO) Program under
49 CFR part 674, to develop an Agency Safety Plan (ASP) that includes
the processes and procedures to implement a Safety Management System
(SMS). SMS is a comprehensive, collaborative, and systematic approach
to managing safety. The regulation sets scalable and flexible minimum
standards for ASPs, including requirements for the identification,
assessment, and mitigation of risk and strategies to minimize exposure
to hazards. In cases where transit agencies determine there is a risk
of operator fatigue or related safety risks, the PTASP regulation
requires agencies as part of their SMS processes to develop methods to
identify mitigations or strategies to reduce the likelihood and
severity of the potential consequences.
As an alternative to rulemaking, FTA may take other actions
pursuant to its safety authorities under 49 U.S.C. 5329 to address
risks associated with transit worker fatigue, including the issuance of
special or general directives. Additionally, FTA must issue
restrictions and prohibitions by whatever means are determined
necessary and appropriate if it determines that an unsafe condition or
practice, or a combination of unsafe conditions and practices, exist
such that there is a substantial risk of death or personal injury. 49
U.S.C. 5329(h). This would include unsafe conditions or practices
associated with operator fatigue.
Conclusion
Based on the foregoing reasons, FTA withdraws the October 30, 2023,
ANPRM titled ``Transit Worker Hours of Service and Fatigue Risk
Management.'' If FTA determines further action to be
[[Page 28701]]
necessary, it will consider regulatory action.
Authority: 49 U.S.C. 5329, 49 CFR 1.91
Issued in Washington, DC, under authority delegated in 49 CFR
1.91.
Tariq Bokhari,
Acting Administrator.
[FR Doc. 2025-12173 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-57-P
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