Rule2026-09790
Training, Qualification, and Oversight for Safety-Related Railroad Employees
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
May 15, 2026
Effective
July 14, 2026
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
In response to petitions for rulemaking, FRA is issuing this final rule to amend its regulation on Training, Qualification, and Oversight for Safety-Related Railroad Employees (Training Rule) to codify agency guidance and clarify existing requirements.
Full Text
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<title>Federal Register, Volume 91 Issue 94 (Friday, May 15, 2026)</title>
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[Federal Register Volume 91, Number 94 (Friday, May 15, 2026)]
[Rules and Regulations]
[Pages 27849-27867]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09790]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 243
[Docket No. FRA-2020-0017, Notice No. 2]
RIN 2130-AC87
Training, Qualification, and Oversight for Safety-Related
Railroad Employees
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: In response to petitions for rulemaking, FRA is issuing this
final rule to amend its regulation on Training, Qualification, and
Oversight for Safety-Related Railroad Employees (Training Rule) to
codify agency guidance and clarify existing requirements.
DATES: This regulation is effective July 14, 2026.
ADDRESSES: 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> and follow the
online instructions for accessing the docket.
FOR FURTHER INFORMATION CONTACT: Mike Long, Director, Office of
Outreach, Office of Railroad Safety, FRA,
[[Page 27850]]
telephone: 202-493-8034, email: <a href="/cdn-cgi/l/email-protection#f89591939dd69497969fb89c978cd69f978e"><span class="__cf_email__" data-cfemail="a6cbcfcdc388cac9c8c1e6c2c9d288c1c9d0">[email protected]</span></a>; or Alan Nagler,
Senior Attorney, Office of the Chief Counsel, FRA, telephone: 202-493-
6038, email: <a href="/cdn-cgi/l/email-protection#87e6ebe6e9a9e9e6e0ebe2f5c7e3e8f3a9e0e8f1"><span class="__cf_email__" data-cfemail="244548454a0a4a454348415664404b500a434b52">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Abbreviations and Terms Used in This Document
ANSI--American National Standards Institute
APTA--American Public Transportation Association
ASLRRA--American Short Line and Regional Railroad Association
ASSP--American Society of Safety Professionals
BMWED--Brotherhood of Maintenance of Way Employes Division of the
International Brotherhood of Teamsters
BRS--Brotherhood of Railroad Signalmen
E.O.--Executive Order
FRA--Federal Railroad Administration
MTA--Metropolitan Transportation Authority
NEPA--National Environmental Policy Act
NPRM--Notice of proposed rulemaking
NRC--National Railroad Construction and Maintenance Association,
Inc.
OJT--On-the-job
OMB--Office of Management and Budget
OSHA--U.S. Occupational Safety and Health Administration
PHMSA--Pipeline and Hazardous Materials Safety Administration
RSIA--Rail Safety Improvement Act of 2008
Table of Contents for Supplementary Information
I. Executive Summary
II. Background
III. Discussion of Comments and FRA's Response
IV. Section-by-Section Analysis
V. Regulatory and Statutory Requirements
A. Executive Order 12866 and Executive Order 14192
B. Regulatory Flexibility Act and Executive Order 13272
C. Paperwork Reduction Act
D. Federalism Implications
E. International Trade Impact Assessment
F. Environmental Impact
G. Unfunded Mandates Reform Act of 1995
H. Energy Impact
I. Executive Order 13175 (Tribal Consultation)
I. Executive Summary
Purpose of the Regulatory Action and Legal Authority
On November 7, 2014, in response to a mandate in section 401(a) of
the Rail Safety Improvement Act of 2008 (RSIA),\1\ and following a
notice of proposed rulemaking (NPRM) published on February 7, 2012
(2012 NPRM),\2\ FRA published a final rule (2014 Final Rule)
establishing regulations at 49 CFR part 243--Training, Qualification,
and Oversight for Safety-Related Railroad Employees (part 243). The
rule established minimum training standards for safety-related railroad
employees and required railroad carriers, contractors, and
subcontractors to develop and submit certain training programs to FRA
for approval.\3\ FRA subsequently issued final rules in 2017 and 2018
that delayed the implementation dates in the 2014 Final Rule for two
years.\4\
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\1\ Public Law 110-432, 122 Stat. 4883 (Oct. 16, 2008), codified
at 49 U.S.C. 20162. The Secretary of Transportation delegated the
authority to carry out this mandate to the Federal Railroad
Administrator. 49 CFR 1.89(b).
\2\ 77 FR 6412 (Feb. 7, 2012).
\3\ 79 FR 66459 (Nov. 7, 2014).
\4\ On May 3, 2017, FRA published a final rule (2017 Final Rule)
that delayed implementation dates in the 2014 Final Rule by one
year. 82 FR 20549. On May 22, 2017, the ASLRRA filed a petition for
reconsideration of the 2017 Final Rule, and FRA responded by
publishing a final rule on April 27, 2018 (2018 Final Rule) that
granted ASLRRA's request to delay the implementation dates by an
additional year. 83 FR 18455.
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On June 27, 2019 and July 31, 2019, FRA received joint petitions
for rulemaking filed by the American Short Line and Regional Railroad
Association (ASLRRA) and the National Railroad Construction and
Maintenance Association, Inc. (NRC) (together, ``the Associations'')
requesting additional delays to the implementation dates and other
changes to the 2014 Final Rule; these petitions were docketed in DOT's
Docket Management System as FRA-2019-0050. On January 2, 2020, FRA
responded to the Associations' petitions for rulemaking by issuing a
final rule further delaying the regulation's implementation dates for
all contractors and for those Class II and III railroads that are not
intercity or commuter passenger railroads with 400,000 total employee
work hours annually or more.\5\
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\5\ 85 FR 10 (Jan. 2, 2020).
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With respect to the Associations' remaining requests in the
petitions for rulemaking, FRA's January 2, 2020 final rule stated that
FRA was considering addressing these requests in a separate
rulemaking.\6\ FRA initiated a rulemaking to address these remaining
petition requests by issuing an NPRM on October 3, 2022.\7\ After
considering comments received on the NPRM (discussed below), and in
response to the Associations' remaining petition requests, FRA is
issuing this final rule to revise part 243 to clarify current
requirements, codify existing guidance, and remove regulatory
provisions that are obsolete.
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\6\ Id. (stating FRA's intent to initiate a separate rulemaking
that would be limited to amending FRA's training regulation so that
the regulatory text includes the latest guidance intended to help
small entities and other users of model programs). Addressing the
Associations' remaining requests in a separate rulemaking was
consistent with FRA's previous statement on the subject. 84 FR
64447, 64449 (Nov. 22, 2019).
\7\ 87 FR 59749.
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Costs and Benefits
FRA estimates the final rule will provide cost savings of $1.1
million based on a one-year relief period to small entities for annual
refresher training requirements. FRA also expects that this final rule
will provide the railroad industry and FRA with several qualitative
benefits. These benefits are discussed in Section V (Regulatory and
Statutory Requirements) and include: (1) providing clarity to the
regulated community, thereby facilitating compliance with the
regulatory requirements; and (2) making it easier for FRA to administer
the requirements of part 243.
II. Background
In the 2014 Final Rule, FRA stated its intention to issue a
compliance guide with a primary emphasis on assisting small entities,
but which could also be used by any employer.\8\ FRA anticipated that
the compliance guide would also help model program developers in
drafting programs to be adopted by small railroads and contractors. On
May 1, 2015, FRA issued an interim compliance guide that was made
available for immediate effectiveness in the 2014 Final Rule docket.\9\
FRA sought comments on the interim compliance guide for potential
modification.\10\
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\8\ 79 FR 66474.
\9\ Document number FRA-2009-0033-0031, att. 2.
\10\ Document number FRA-2009-0033-0031, att.1.
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On May 25, 2016, FRA responded to comments and posted its first
version of the final compliance guide.\11\ On November 30, 2016, FRA
posted a second version of the final compliance guide,\12\ largely to
publish FRA's answers to questions received from the regulated
community that would benefit from broad dissemination. When FRA amended
the implementation dates with the 2017 Final Rule and 2018 Final Rule,
FRA made conforming changes to the final compliance guide and posted
the revised version on FRA's website at <a href="https://railroads.dot.gov/divisions/safety-partnerships/training-standards-rule">https://railroads.dot.gov/divisions/safety-partnerships/training-standards-rule</a>. Additional
guidance on the requirements of part 243 can also be found at that
location on FRA's website.
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\11\ Document number FRA-2009-0033-0035.
\12\ Document number FRA-2009-0033-0036.
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This final rule addresses two of the overarching concerns expressed
in the Associations' petitions for rulemaking: (1) that FRA provide
sufficient certainty
[[Page 27851]]
as to how the agency will apply the requirements of part 243 by
converting existing part 243 guidance into regulatory text; and (2)
that FRA adopt specific regulatory text changes to facilitate
compliance with part 243.\13\ Please see the NPRM for a detailed
discussion of the Associations' petition requests that FRA is
addressing through this rulemaking,\14\ as well as a summary of other
part 243 guidance FRA has provided to the regulated community, but that
the petitions for rulemaking did not address.\15\
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\13\ Document number FRA-2019-0050-0001, att. 2. FRA notes that
representatives of the Associations met with FRA on January 17, 2020
to discuss their requests for greater clarity pertaining to the
requirements for refresher training, program submission, model
program adoption, and periodic oversight. A follow-up meeting with
the Associations was held by phone on December 4, 2020 so that FRA
could express its continuing interest to respond to the petitions
for rulemaking and the Associations could emphasize concerns of
greatest interest to their members.
\14\ 87 FR 59750-52. The NPRM also responded to the
Associations' petition requests that FRA is not addressing in this
final rule, and which therefore will not be discussed further here.
Id. at 59752-53.
\15\ Id. at 59750-53.
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III. Discussion of Comments and FRA's Response
FRA received eight written comments in response to the NPRM,
including a joint comment submitted by the Associations. The other
commenters were the American Public Transportation Association (APTA);
American Society of Safety Professionals (ASSP); the Brotherhood of
Maintenance of Way Employes Division of the International Brotherhood
of Teamsters (BMWED); the Brotherhood of Railroad Signalmen (BRS); the
Metropolitan Transportation Authority (MTA); and several individuals.
One comment from an individual was not germane to the rulemaking \16\
and therefore will not be discussed further. The other three comments
were from students at the Bush School of Government & Public Service at
Texas A&M University (Texas A&M Students). FRA did not receive a
request for a public hearing, and none was provided.
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\16\ FRA-2020-0017-0003.
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Most of the comments are discussed in this section and apply
generally to the final rule as a whole. Some of these general comments
are also discussed in the Section-by-Section Analysis to assist with
clarity. The remaining comments that relate to specific provisions are
discussed in the relevant Section-by-Section analysis. The order in
which the comments are discussed, whether by issue or by commenter, is
not intended to reflect the significance of the comment raised or the
standing of the commenter.
Comments Expressing General Support
Several commenters supported the changes proposed in the NPRM.
Specifically, the Associations expressed support for the proposed
changes that would amend part 243 consistent with current FRA guidance
to small entities. Similarly, BRS noted full support for the proposed
changes, citing the importance of all safety-related employees being
properly trained and qualified. BRS also encouraged FRA to end the
delay in implementation of this rule. BMWED expressed general support
for the proposed changes, especially those changes that: lead to
consistent training requirements, require railroad workers to
participate in the development of new technology for the industry, and
ensure that workers are trained in new technology. The Texas A&M
Students also expressed general support for the proposed changes and
provided specific recommendations to ease the burden on employers.
Refresher Training
The Associations and the Texas A&M Students raised concerns about
the administrative and paperwork burden associated with refresher
training. For instance, the Associations expressed general concern that
companies would incur administrative burdens in performing, tracking,
and scheduling refresher training, and recommended ways in which the
burden could be reduced. The Associations' comment requested that FRA
allow railroads to provide a methodology in their part 243 submissions
for assessing whether an employee needs refresher training, as opposed
to the rule's current requirement to provide refresher training for all
employees at least every three calendar years. The Associations assert
that this change would allow Class II and III railroads to use existing
operational testing programs, under a different FRA regulation,\17\ to
identify which employees need refresher training, thereby ensuring that
employees who need refresher training receive it, while reducing the
burden on railroads of providing refresher training for all employees.
The Associations state that approximately two percent of short line and
regional railroad workers fail such testing and thus, refresher
training should be limited to only the small percentage of employees
who have a demonstrated need.
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\17\ 49 CFR part 217 (regulating railroad operating rules).
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Meanwhile, the Texas A&M Students commented that they are concerned
about any increase in the administrative and paperwork burden for
management, especially for smaller contractors, even while they
expressed a conclusion that ``these burdens are not significant enough
to prevent the FRA from making these changes.'' \18\ The Texas A&M
Students also expressed specific support for the revised refresher
training definition and refresher training requirements generally
because they viewed such training as a review of important safety
skills and regulations governing the railroad industry that could
reasonably be expected to improve the consistent application of safety
requirements and increase efficiency.
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\18\ FRA-2020-0017-0010 at 3.
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BMWED expressed support for the proposed revisions to the
definition of refresher training that emphasized improving the skills
and knowledge of existing employees and deleting the ``to remain
qualified'' language in the existing rule that it alleges could be used
by employers to diminish an employee's labor or employment law rights.
FRA Response--Refresher Training
FRA agrees with some of the broad concerns raised by the
Associations about the refresher training burden and the final rule
addresses aspects of those concerns. For instance, FRA agrees with the
Associations' comment that some employees may not need refresher
training on longstanding requirements that are complied with regularly
and that can be confirmed through testing. Therefore, FRA will include
a test out option. However, the existing operational efficiency
testing, conducted under a different FRA rule, is too narrow to fully
substitute for refresher training because it does not require training
on new equipment and technology, topics which could be included in
refresher training. Further, the existing operational efficiency
testing programs may focus on certain knowledge or skills but not
necessarily cover the critical duties assigned to an employee. Also,
the type of testing a person receives during or at the conclusion of
formal training, such as initial or refresher training required under
part 243, must be part of a structured and defined curriculum that may
be significantly different from the type of testing that occurs during
existing operational efficiency testing. For these reasons, the test
out option in this final rule will require that such testing be
designed to determine that an
[[Page 27852]]
employee has the critical knowledge and skills to perform the safety-
related duties assigned and meet the equivalent standards for formal
testing on the same subject matter but will not be based on existing
operational efficiency testing. As further explained in the section-by-
section analysis for refresher training in Sec. 243.201(e), an
employee will generally be allowed to test out of a refresher training
if the employee has previously received formal training on the subject
matter.
Including the test out option is a change from FRA's position in
the 2022 NPRM at Sec. 243.201(e)(3)(ii), which would have prohibited
an employee from testing out of refresher training.\19\ In reviewing
the comments on the 2022 NPRM, the 2022 NPRM itself, and the prior
rulemaking on this subject in which the agency rejected allowing
employees to test out of refresher training, FRA finds that it had
over-emphasized the lack of a specific statutory test out option and
therefore narrowly interpreted the need for ``ongoing training.''
Notably, the more complete statutory phrase requires ``a minimum
training curriculum, and ongoing training criteria, testing, and skills
evaluation measures.'' \20\ Accordingly, FRA determined that, although
some employers may decide to reject a test out option for the reasons
FRA provided, including a test out option is more consistent with the
statutory language.
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\19\ 87 FR 59758, 59768.
\20\ 79 FR 66469-70 and 49 U.S.C. 20102. In the 2014 final rule,
FRA discussed that no comments were received on a test out option
but provided reasons why FRA did not consider a test out option to
be viable.
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Regarding the comments on the administrative and paperwork burden,
this final rule does not impose any new refresher training
requirements. The final rule instead makes clarifying revisions related
to the existing refresher training requirements, which would not
increase the costs of compliance with the regulation and the costs
associated with refresher training were previously addressed for the
2014 Final Rule.\21\ To further reiterate this point, the Paperwork
Reduction Act (PRA) table in the Regulatory Impacts and Notices section
contains a row indicating that the paperwork burden on refresher
training (Sec. 243.201(e)) was already accounted for under Sec.
243.203.
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\21\ Section 243.201(e)(1) and (2).
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Because the comments regarding the proposed revised definition of
``refresher training'' were positive and FRA did not find further
clarification necessary, the final rule amends the definition as
proposed. The revised definition explains the purpose of refresher
training and distinguishes it from initial training--issues that were
addressed in the proposed rule.\22\
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\22\ 87 FR 59754.
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Implementation Dates
APTA and MTA raised concerns that FRA's proposal to remove the
implementation dates from Sec. 243.201 would create ambiguity
regarding whether initial and on-the-job (OJT) training requirements
apply to employees whose designation was declared by the implementation
date. APTA and MTA asked FRA to clarify, in the preamble or regulatory
text, that this proposal would not impact the initial qualification for
an employee whose designation was declared by the applicable
implementation date and that any such initial qualification
designations remain in effect.
FRA Response--Implementation Dates
The 2014 Final Rule established specified implementation dates in
Sec. 243.201(a)(1) and (2) by which employers were required to
designate existing employees who would not be required to complete
initial training per the employer training program submitted under
Sec. 243.101.\23\ FRA proposed removing the implementation dates in
Sec. 243.201 to remove deadlines that have already passed and are no
longer necessary.\24\ FRA understands that removal of the
implementation dates, although not intended to cause a substantive
change, concerned some commenters on how the proposed rule could be
read to potentially invalidate the exemption provided in the 2014 Final
Rule. Thus, to provide the clarity requested by APTA and MTA, FRA is
including regulatory text in Sec. 243.201(a)(3)(i) that will expressly
specify that the requirements in this paragraph do not impact the
designation of existing safety-related railroad employees by the
removal of the implementation dates.
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\23\ 77 FR 6412, 6434-6435 (explaining in the proposed rule why
both employers and labor organizations supported exempting existing
employees from initial training).
\24\ 87 FR 59757.
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Further, to provide additional regulatory relief for small
entities, the final rule is delaying the refresher training
implementation deadline by one year to December 31, 2026, in Sec.
243.201(e)(2).
Scope of Part 243
Comments from BMWED and ASSP suggested that FRA expand the purpose
and scope section in part 243 to address certain issues. For instance,
BMWED quoted the preamble of the 2012 NPRM, which clarified that ``FRA
does not regulate employment issues and will leave those issues to be
settled in accordance with any applicable collective bargaining
agreement or employment and labor law,'' \25\ and requested that FRA
add some similar language in the regulatory text. Specifically, BMWED
suggested that a paragraph (f) be added to Sec. 243.1 stating that
``[n]othing in this part diminishes any rights, privileges, or remedies
a safety-related railroad employee may have under any collective
bargaining agreements or State or Federal laws.'' BMWED suggested that
adding such regulatory text would ``recognize that disputes concerning
the application of the [collective bargaining agreement] related to
training, promotion and qualification, as well as allegations of
illegal discrimination under State or Federal law, can and do arise.''
\26\
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\25\ As stated in the 2012 NPRM and quoted by BMWED, ``Of
course, FRA does not regulate employment issues and will leave those
issues to be settled in accordance with any applicable collective
bargaining agreement or employment and labor law.'' 77 FR 6435 and
FRA-2020-0017-0007.
\26\ FRA-2020-0017-0007 at 2.
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ASSP requested clarification on how part 243 ``transcends'' with
the requirements administered by the U.S. Occupational Safety and
Health Administration (OSHA). In addition, ASSP commented that because
some railroads ``seem to be lacking in hazmat knowledge'' FRA ought to
consider including some form of hazardous materials training under part
243 and specifically suggested including the requirements of 49 CFR
part 174, which covers the transportation of hazardous materials by
rail.
FRA Response--Scope of Part 243
In response to BMWED's comment, FRA reiterates that part 243 does
not impact aspects of the employment relationship defined by collective
bargaining agreements or employment and labor law. Accordingly, FRA
declines to add regulatory text as a clarification because it is
unnecessary.\27\
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\27\ See, e.g., 79 FR 66466 (explaining that it is unnecessary
to add a statement such as the one recommended in the comment based
on principles set forth in Executive Order 13132 and affirmed in the
Presidential Memorandum regarding preemption issued on May 20,
2009).
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ASSP's comment on the interaction between part 243 and OSHA
requirements is beyond the scope of this rulemaking, which is limited
to codifying FRA guidance and clarifying existing part 243 requirements
in response to petitions for rulemaking. However, in response to ASSP's
comment, FRA clarifies here that part
[[Page 27853]]
243 covers training on Federal railroad safety laws, regulations, and
orders, as well as any railroad rules and procedures promulgated to
implement those Federal requirements. Part 243 does not limit or
override OSHA's jurisdiction except as explicitly noted by FRA and
OSHA.\28\
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\28\ For example, part 243 may preempt a portion of OSHA's
requirements related to cranes and derricks used for railroad
roadway work. 85 FR 57109 (Sept. 15, 2020). OSHA's rule revised the
OSHA standard for cranes and derricks in construction to provide
specific exemptions and clarifications about the application of the
standard to cranes and derricks used for railroad roadway work and
reflected the preemption of some OSHA requirements by FRA.
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ASSP's comment regarding hazardous materials training is beyond the
scope of the NPRM. The purpose of this rulemaking is to codify FRA
guidance and clarify existing part 243 requirements in response to
petitions for rulemaking. The NPRM did not propose any changes to part
243 involving the application of that part to hazardous materials
training. Further, FRA has declined to regulate the training of
hazardous materials employees through part 243 because that training is
already sufficiently covered by DOT regulations promulgated by the
Pipeline and Hazardous Materials Safety Administration (PHMSA).\29\ FRA
specifically stated in 49 CFR 243.1(e) that ``The requirements in this
part do not address hazardous materials training of `hazmat employees'
as defined in 49 CFR 171.8 as such training is required pursuant to 49
CFR part 172, subpart H.'' The preamble to the 2014 Final Rule contains
further explanation of FRA's decision to leave hazardous materials
training out of part 243. For more discussion of this issue, please
refer to the preamble of the 2014 Final Rule.\30\
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\29\ See e.g., 49 CFR part 172, subpart H.
\30\ 79 FR 66466.
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Consensus Standards
ASSP's comment stated that FRA should use national consensus
standards in the regulatory process and specifically suggested that
part 243 include by reference two American National Standards Institute
(ANSI standards): ANSI/ASSP Z490.1-2016 Criteria for Accepted Practices
in Safety, Health and Environmental Training and ANSI/ASSP Z10.0-2019
Occupational Health and Safety Management Systems.
FRA Response--Consensus Standards
ASSP's comment requesting FRA to consider incorporating by
reference ANSI standards is beyond the scope of the NPRM. Further, the
ANSI standards that ASSP identifies fall outside of the scope of part
243 because they establish criteria and management tools related to
occupational health, safety, and environmental training programs. As
required by statute, part 243 covers training regarding Federal
railroad safety laws, regulations, and orders, as well as those
railroad rules and procedures promulgated to implement those Federal
requirements.\31\ While one effect of part 243 may be increased safety
for railroad employees and railroad contractors and subcontractors, the
purpose of part 243's minimum training standards is to ensure that
railroad employees and contractors have the knowledge necessary to
comply with Federal railroad safety laws, regulations, and orders, as
well as railroad rules and procedures implementing these requirements.
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\31\ 49 U.S.C. 20162(a)(1).
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IV. Section-by-Section Analysis
This section describes the regulatory revisions made in this final
rule. Where FRA is adopting the NPRM proposals exactly as proposed, FRA
is not repeating the full section-by-section analysis for each relevant
provision. Instead, FRA refers readers to the complete section-by-
section analysis for those regulatory provisions in the NPRM's
preamble.
Subpart A--General
Section 243.1--Purpose and Scope
Section 243.1 sets forth the purpose and scope of part 243. As
proposed in the NPRM, the final rule is adding new paragraphs (f) and
(g) to this section to incorporate existing guidance related to
railroad bridge engineers and non-railroad employees who perform
elective audits or assessments. Paragraph (f) codifies guidance in the
compliance guide, which explains that part 243 does not apply when the
training required under FRA's regulations is obtained through earning a
college degree or certification from an accredited training
organization or learning institution.\32\ Paragraph (g) codifies
guidance in the compliance guide clarifying that employers are not
required to train non- railroad employees (e.g., contractors or
employees of the Short Line Safety Institute) who perform elective
audits or assessments that are not required by Federal railroad safety
laws, regulations, or orders.\33\
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\32\ Compliance Guide at 49-50 located at <a href="https://railroads.dot.gov/elibrary/training-qualification-and-oversight-safety-related-railroad-employees-compliance-guide-0">https://railroads.dot.gov/elibrary/training-qualification-and-oversight-safety-related-railroad-employees-compliance-guide-0</a>.
\33\ Id. at 43.
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Because FRA did not receive any comments regarding the proposed
changes to Sec. 243.1, the final rule adopts the language as
proposed.\34\
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\34\ 87 FR 59753.
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Section 243.3 Application and Responsibility for Compliance
Section 243.3 provides that part 243 applies to all railroads,
contractors of railroads, and training organizations or learning
institutions that train safety-related railroad employees (subject to
specified exceptions \35\). The section also provides that any person,
including a railroad or a contractor for a railroad, that performs any
duty covered by part 243 is responsible for performing that duty in
accordance with part 243. In response to industry requests, FRA has
allowed parent and holding companies to submit training programs on
behalf of their subsidiaries if the filing thoroughly describes which
companies are covered by the submission and how each company is
covered.
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\35\ Section 243.3(a) contains exceptions for the following
operations when they are not part of the general railroad system of
transportation: railroads (or contractors to railroads) that only
operate on track inside an installation; tourist, scenic, historic,
or excursion operations; and rapid transit operations in urban
areas.
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As proposed in the NPRM, to clarify that this process conforms with
the requirements of part 243, FRA is adding paragraph (c) to Sec.
243.3 explaining how a parent or holding company may comply with the
requirements of this part on behalf of one or more subsidiaries. FRA's
decision to accept programs filed by parent or holding companies on
behalf of their subsidiaries is based on the recognition that companies
that are legally related may share company rules or operating practices
that make it possible to share a training program. FRA's revisions to
this section are intended to ensure that all companies covered by a
submission are legally bound by and accept the submission, and that
subsidiaries may opt out of a parent or holding company's submission,
in whole or in part.
Because FRA did not receive any comments regarding the proposed
changes to Sec. 243.3, the final rule adopts the language as
proposed.\36\
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\36\ 87 FR 59753-54.
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Section 243.5 Definitions
As proposed in the NPRM, to codify existing guidance and respond to
questions from industry, FRA is revising two definitions and adding one
new definition to this section. Specifically, FRA is revising the
existing definitions of the terms ``designated instructor'' and
``refresher training,'' and adding a new
[[Page 27854]]
definition for the term ``training organizations or learning
institutions.''
First, as proposed in the NPRM, FRA is revising the definition of
``designated instructor'' to specify that a ``designated instructor''
is not required to be an employee of the employer and to explain that
employers must ensure that employees and non-employees used as
designated instructors have the necessary knowledge, skills, and
abilities to provide sound coaching, mentoring, and guidance to new
learners. As also proposed in the NPRM, FRA is adding a definition of
``training organizations or learning institutions'' to clarify which
businesses that provide training to employers are ``training
organizations or learning institutions.'' Because FRA did not receive
any comments regarding either the revised ``designated instructor''
definition or the new ``training organizations or learning
institutions'' definition, the final rule is adopting both as
proposed.\37\
---------------------------------------------------------------------------
\37\ Id. at 59754-55.
---------------------------------------------------------------------------
Second, FRA is adopting the proposed revised definition of
``refresher training.'' The definition explains that the purpose of
refresher training is to improve the job performance of existing
employees by acquainting them with any changed standards, any relevant
problematic issues, or new skills, methods, and processes, and also to
ensure no important skills or knowledge have been lost due to lack of
use. As explained in the NPRM, this explanation is intended to
distinguish refresher training from initial training, which is targeted
to employees who generally are new to the subject matter. The final
rule clarifies that training programs or plans required elsewhere in
this chapter but identified by a term other than refresher training are
considered refresher training for purposes of this part, and not only
subpart A, as the proposed rule could be construed.
Section III of this preamble discusses comments FRA received in
response to the proposed revised definition of ``refresher training''
and explains FRA's rationale for adopting the revisions as
proposed.\38\
---------------------------------------------------------------------------
\38\ Id. at 59754.
---------------------------------------------------------------------------
Subpart B--Program Components and Approval Process
Section 243.101 Employer Program Required
As proposed in the NPRM, the final rule revises paragraphs (a) and
(b) to remove certain implementation dates. Specifically, this final
rule removes the implementation dates in paragraph (a) for the
requirement that an employer submit, adopt, and comply with a training
program for its safety-related railroad employees. These implementation
dates are no longer needed because the specified deadlines have passed.
The finalized paragraph (a) therefore applies to each employer
conducting operations subject to part 243. Similarly, paragraph (b) is
also amended to remove an implementation date that has passed for
employers commencing operations after January 1, 2020. As finalized,
the rule will apply any time an employer commences operations.
FRA is also revising paragraphs (c), (e), and (f) as proposed in
the NPRM. The revisions to paragraph (c) clarify that employers may
create training programs based on applicable CFR parts, United States
Code sections, or citations to orders. The revisions to paragraphs (e)
and (f) clarify contractor responsibility to provide information to
railroads and the types of documents contractors and railroads must
retain under part 243.
Because FRA did not receive any comments regarding the proposed
changes to Sec. 243.101, the final rule is adopting the language as
proposed.\39\
---------------------------------------------------------------------------
\39\ Id. at 59755.
---------------------------------------------------------------------------
Although not proposed in the NPRM, FRA is making a minor clarifying
change to the language of paragraph (d)(1). Specifically, FRA is
replacing the language ``If a training program has OJT. . .'' with the
language ``When a training program is required to include OJT . . .''
to avoid creating an incorrect implication that OJT is not required. As
specified in revised Sec. 243.101(c)(5) and explained in the NPRM, OJT
is required when tasks require neuromuscular coordination to learn,
unless FRA approves alternative, formal training that addresses the
need to practice safety-related tasks with the ability to objectively
measure task completion proficiency.\40\
---------------------------------------------------------------------------
\40\ Id. FRA has published as guidance an OJT Matrix, which
shows the minimum type of training (i.e., formal training, OJT
training, or briefing only) that FRA expects to see in a program
covering each specific rail safety requirement under most
circumstances, available at <a href="https://railroads.dot.gov/elibrary/ojt-matrix">https://railroads.dot.gov/elibrary/ojt-matrix</a>.
---------------------------------------------------------------------------
Section 243.103 Training Components Identified in Program
As proposed in the NPRM, FRA is adopting four revisions to Sec.
243.103. These revisions provide clarity regarding the training
components that must be identified in an employer's program and the
information an employer must submit to FRA.
Because FRA did not receive any comments regarding the proposed
changes to Sec. 243.103, the final rule adopts the language as
proposed.\41\
---------------------------------------------------------------------------
\41\ Id. at 59755-56.
---------------------------------------------------------------------------
Section 243.105 Optional Model Program Development
As proposed in the NPRM, FRA is revising Sec. 243.105, which
permits the optional development of model programs that can be adopted
by multiple employers. As proposed, the final rule removes paragraph
(a)(3) to remove an outdated compliance date, revises paragraph (b),
and adds paragraph (c) to add information to the regulatory text that
was previously issued as guidance regarding model programs. Because FRA
did not receive any comments regarding the proposed changes to Sec.
243.105, the final rule adopts the language as proposed.\42\
---------------------------------------------------------------------------
\42\ Id. at 59756.
---------------------------------------------------------------------------
Section 243.107 Training Program Submission, Introductory Information
Required
As proposed in the NPRM, FRA is revising paragraph (a), removing
and reserving paragraph (b), and removing paragraph (c). These changes
reduce regulatory burdens associated with submitting training programs
by eliminating the need for employers to submit information that is
unnecessary for FRA's review and approval of training programs. Because
FRA did not receive any comments regarding the proposed changes to
Sec. 243.107, the final rule adopts the revisions as proposed except
for a change to paragraph (a)(4) from the proposal to clarify that the
employer is required to state in the submission certain information
about its training practices when it uses any combination ``of the
practices described in'' paragraphs (a)(1) through (3) of this
section.\43\
---------------------------------------------------------------------------
\43\ Id.
---------------------------------------------------------------------------
Section 243.109 Initial and Refresher Training Program Submission,
Review, and Approval Process
As proposed in the NPRM, FRA is revising this section to clarify
that refresher training programs must be submitted to FRA for review
and approval in the same manner as an employer's initial training
program. Because FRA did not receive any comments regarding the
proposed changes to Sec. 243.109, the final rule adopts the language
as proposed.\44\
---------------------------------------------------------------------------
\44\ Id.
---------------------------------------------------------------------------
[[Page 27855]]
Section 243.111 Approval of Programs Filed by Training Organizations or
Learning Institutions
As proposed in the NPRM, FRA is adopting several revisions to this
section to remove unnecessary requirements and eliminate regulatory
ambiguity regarding programs filed by training organizations or
learning institutions. Because FRA did not receive any comments
regarding the proposed changes to this section, the final rule adopts
the revisions as proposed.\45\
---------------------------------------------------------------------------
\45\ Id. at 59756-57.
---------------------------------------------------------------------------
Section 243.113 Electronic and Written Program Submission Requirements
As proposed in the NPRM, FRA is revising this section to clarify
that when FRA refers to electronic program or informational filings
submission requirements, FRA means submission through FRA's part 243
web portal. As proposed in the NPRM, FRA is also revising this section
to eliminate the written program submission option for an employer with
fewer than 400,000 total employee work hours annually and to clarify
that to submit a training program through the part 243 web portal, a
submitter will need to register for access to the portal. Because FRA
did not receive any comments regarding the proposed changes to Sec.
243.113, the final rule adopts the revisions as proposed.\46\
---------------------------------------------------------------------------
\46\ Id. at 59757.
---------------------------------------------------------------------------
Subpart C--Program Implementation and Oversight Requirements
Section 243.201 Employee Qualification Requirements
As proposed in the NPRM, FRA is making several revisions and
additions to paragraphs (a)(1) and (2), including the removal of
outdated implementation dates for designating existing employees as
qualified to perform safety-related service. As adopted, paragraph
(a)(1) reiterates the existing requirement that each employer must only
permit employees appropriately trained and qualified to perform safety-
related service. Paragraph (a)(2) addresses the Associations' petitions
by permitting an employer to limit a safety-related railroad employee's
training to only the relevant Federal requirements that apply to the
safety-related tasks that the employer authorizes the employee to
perform, in addition to any knowledge-based training that is required.
Because FRA did not receive any comments regarding the proposed changes
to Sec. 243.201(a)(1) and (2), the final rule adopts the revisions as
proposed.\47\
---------------------------------------------------------------------------
\47\ Id.
---------------------------------------------------------------------------
Regarding paragraph (a)(3), the NPRM proposed to move the
requirement for designating existing employees by occupational category
or subcategory from current paragraph (a)(1) to a new paragraph
(a)(3)(i). FRA is adopting the NPRM's language in new paragraph
(a)(3)(i) as proposed.\48\ In addition, and for reasons discussed in
Section III of this preamble, in response to comments requesting
clarification regarding the impact of removing implementation dates for
designating existing employees as qualified to perform certain safety-
related service, FRA is adding language to new paragraph (a)(3) to
clarify that the requirements in this paragraph do not impact the
designation of an employer's existing safety-related railroad employees
who were appropriately designated as qualified by September 1, 2020, or
January 1, 2022, as applicable. The requirements in this paragraph
(a)(3), as adopted in this final rule, clarify the requirements of an
employer's designation responsibilities without changing the
substantive requirements.
---------------------------------------------------------------------------
\48\ Id.
---------------------------------------------------------------------------
As proposed in the NPRM, FRA is also adding paragraph (a)(3)(ii) to
address an issue, similar to the one addressed in Sec. 243.101(c),
concerning employers that prefer to categorize their employees by CFR
parts or other legal requirements, rather than by occupational category
or subcategory. For those employers who do not designate employees by
occupational category or subcategory, paragraph (a)(3)(ii) requires
that the employer must retain a record for each employee identifying
the list of Federal railroad safety laws, regulations, and orders that
cover the work the person is designated as qualified to perform.
As proposed in the NPRM, the requirements for designating safety-
related railroad employees who were not required to be designated as
qualified by the applicable implementation dates in former paragraphs
(a)(1) and (2) are now in paragraphs (b) (for existing employees of an
employer commencing operations) and (c) (for newly hired employees).
These paragraphs are being adopted as proposed in the NPRM and are
applicable any time an employer commences operations or hires a new
employee.
In this final rule, FRA is also revising paragraphs (c), (d), and
(e), and adding a new paragraph (f). Specifically, FRA is revising
paragraph (c)(2) to allow an employee, who is not yet qualified, to
perform tasks during OJT under the direct, onsite observation of a
qualified person and in accordance with certain conditions for the
qualified person, before the employee has completed all of the formal
training, including classroom training and OJT. FRA is adopting
paragraph (c)(2) as proposed, except for making a minor clarifying
change to language of the first sentence by replacing the language ``If
the training curriculum includes OJT. . .'' with the language ``When
the training program is required to include OJT. . .'' to avoid
creating an incorrect implication that OJT is not required. As
specified in revised Sec. 243.101(c)(5) and explained in the NPRM, OJT
is required when tasks require neuromuscular coordination to learn,
unless FRA approves alternative, formal training that addresses the
need to practice safety-related tasks with the ability to objectively
measure task completion proficiency.\49\ This clarifying revision is
consistent with the change discussed above for Sec. 243.101(d)(1).
---------------------------------------------------------------------------
\49\ Id. at 59755.
---------------------------------------------------------------------------
FRA is also amending paragraph (d), which addresses how an employer
can avoid training an employee who was previously trained or qualified
by an entity other than the current employer, to make it consistent
with other sections of part 243 amended through this rulemaking.
In addition, in conjunction with the revised definition of
``refresher training'' and to clarify the minimum requirements for
refresher training, FRA is making several revisions to the requirements
in paragraph (e). FRA is revising the language in paragraphs (e)(1) and
(e)(2), regarding implementation dates, to emphasize that refresher
training is typically required within three calendar years from a prior
training event while continuing to recognize that there is also an
exception for employers who were conducting operations as of these
beginning implementation dates.
Further, FRA is extending the refresher training implementation
deadline for small entities, covered under paragraph (e)(2), by one
year in response to the Associations' comment requesting further
consideration and to reflect FRA's observation that these small
entities could generally use an additional year to develop and
implement refresher training.
FRA has revised proposed paragraph (e)(3) to clarify what an
employer must include in refresher training. Those refresher training
requirements are now contained in paragraphs (e)(3) through
[[Page 27856]]
(5). Paragraph (e)(3) of this final rule requires each employer to
ensure that an employee's refresher training include formal training
\50\ if the employee did not previously receive formal training on the
application of any specific Federal railroad safety law, regulation, or
order the employee is required to comply with, as well as any relevant
railroad rules and procedures promulgated to implement those specific
Federal railroad safety laws, regulations, and orders.
---------------------------------------------------------------------------
\50\ The regulation defines formal training as ``training that
has a structured and defined curriculum, and which provides an
opportunity for training participants to have questions timely
answered during the training or at a later date. In the context of
this part, formal training may include, but is not limited to,
classroom, computer-based, correspondence, on-the-job, simulator, or
laboratory training.'' 49 CFR 243.5.
---------------------------------------------------------------------------
In paragraph (e)(3) of the NPRM, FRA proposed that an employer must
develop refresher training to address railroad-wide or industry-wide
safety concerns that address an individual employee's weakness--a point
of reference that may be unknown or difficult to figure out. In its
place, paragraph (e)(4) of this final rule requires that each employer
shall ensure that refresher training for employees charged with the
inspection of track or railroad equipment address identifying defective
conditions and how to initiate immediate remedial action to correct
critical safety defects that are known to contribute to derailments,
accidents, incidents, or injuries. This requirement mirrors the
requirement in the RSIA of 2008.\51\
---------------------------------------------------------------------------
\51\ The Secretary of Transportation shall establish a minimum
training curriculum ``to ensure that safety-related railroad
employees, and contractor and subcontractor employees, charged with
the inspection of track or railroad equipment are qualified to
assess railroad compliance with Federal standards to identify
defective conditions and how to initiate immediate remedial action
to correct critical safety defects that are known to contribute to
derailments, accidents, incidents, or injuries.'' 49 U.S.C.
20162(a)(3).
---------------------------------------------------------------------------
Paragraph (e)(5), which tracks proposed paragraph (e)(3)(iii)(C),
requires that each employer's refresher training, at a minimum,
includes safety-related tasks that address skill gaps that the employer
identified in the workforce through efficiency testing, periodic
oversight, annual reviews, accident/incident data, FRA inspection data,
or other performance measuring metrics. FRA expects that each employer
will look to these sources of data to identify skill gaps and the
safety-related tasks to cover in refresher training.
As explained in the Background under the heading ``Refresher
Training Burden,'' FRA is adding a requirement in paragraph (e)(6) to
permit an employer to offer each employee a single test out option for
any occupational category or subcategory that, if passed, will be
considered an acceptable substitute for refresher training. Pursuant to
paragraph (e)(6) of this final rule, an employee may be offered to test
out of the requirements in paragraphs (e)(4) and (5), but not (3)
(i.e., when formal training is required as part of the refresher
training).
Paragraph (e)(6) also defines certain limitations and requirements
for the test out option. For instance, if an employee fails such a test
on the first attempt, the employer must provide the refresher training
to the employee instead of another opportunity to test out. The reason
for a single test out attempt is that a failure is indicative that the
employee would benefit from refresher training as compared to an
employee that tests out and has therefore demonstrated that they
already possess the knowledge or skills necessary to do the safety-
related work in the occupational category or subcategory tested without
refresher training.
Paragraph (e)(6)(i) requires an employer to design the test out
option to determine whether an employee has the critical knowledge and
skills to continue to be designated to perform safety-related service
in that occupational category or subcategory, whether by craft, class,
task, or other suitable terminology. Thus, each employer offering a
test out option will need to determine the critical knowledge and
skills for the occupational categories and subcategories created under
Sec. 243.101(c). Most likely, the critical knowledge and skills for an
occupational category or subcategory is identifiable from initial
training programs. Paragraph (e)(6)(ii) requires the test out option to
meet the equivalent standards required for such assessment testing
under formal training in that occupational category or subcategory.
Thus, FRA expects the test offered for the test out option will often
be identical or the equivalent to a test offered during or at the
conclusion of initial training for the occupational category or
subcategory, albeit that the method of delivery may be different. For
instance, although initial training might have been completed in a
classroom with a combination of knowledge tests and task-based
observational tests, an assessment test offered for the test out option
is not required to be offered in a classroom; instead, any other formal
training delivery methods such as computer-based, correspondence, on-
the-job, simulator, or laboratory training, may be offered. Given that
refresher training will be necessary for experienced employees who do
not need initial training, it is expected that most employers will opt
to provide an assessment test for the test out option in the normal,
railroad work environment which would produce the least disruption to
the regular work routine. Paragraph (e)(6)(iii) requires an employer,
offering a test out option, to keep records of the relevant information
from each test as a record under Sec. 243.203.
Paragraph (f) of this final rule requires an employer to consider
ways to provide remedial training and retesting of any employee who
fails to successfully pass any training or testing. Paragraph (f) also
makes clear that a failure of any test or training does not bar the
person from successfully completing the training or testing later. The
requirement in paragraph (f) does not apply to the single test out
option in paragraph (e)(6) of this section; instead, the consequence of
failing that single test out option requires the employee to complete
the refresher training for that occupational category or subcategory.
Section 243.203 Records
As proposed in the NPRM, FRA is revising paragraph (b)(2) of this
section to clarify that an employer that designates its employees by
``other suitable terminology,'' i.e., other than occupational category
or subcategory, is required to keep a record of that designation for
each qualification of each qualified employee. FRA is also revising
paragraph (b)(6)'s recordkeeping information requirement to clarify
that the person determining that the employee successfully completed
all OJT training necessary to be considered qualified to perform
certain safety-related tasks must be a designated instructor. For
consistency with 49 CFR part 217, FRA is also revising the
recordkeeping requirement for records other than individual employee
records and annual review records.
Because FRA did not receive any comments regarding the proposed
changes to Sec. 243.203, the final rule adopts the revisions as
proposed.\52\
---------------------------------------------------------------------------
\52\ Id. at 59758.
---------------------------------------------------------------------------
Section 243.205 Periodic Oversight
As proposed in the NPRM, FRA is adopting two general changes to
Sec. 243.205. The first general change amends paragraphs (a), (c),
(e)(1), (g), and (i) to allow periodic oversight to be limited to tests
``or'' inspections, rather than require both tests ``and''
[[Page 27857]]
inspections. In the NPRM, FRA proposed this same change to paragraph
(d) but is not adopting this proposed change here as it would suggest
that a railroad would never be required to conduct periodic oversight
when paragraph (d) is intended to permit a railroad, that must conduct
periodic oversight of a contractor, to forgo operational tests only.
Thus, a railroad that must conduct periodic oversight of a contractor
would still be required to conduct periodic oversight inspections and
could opt to conduct periodic oversight operational tests at its
discretion.
The second general change FRA proposed was intended to reflect
guidance providing employers with some discretion in the administration
of oversight. For instance, as proposed, FRA is revising Sec.
243.205(h) to provide railroads and contractors the flexibility to
decide which entity will be responsible for conducting periodic
oversight. This revision allows the regulated entities to decide which
entity is in the best position to conduct the oversight and to make any
necessary arrangements to comply with the periodic oversight
requirements. The final rule is adopting the revisions as proposed with
only an addition in the title of the paragraph and in the paragraphs to
emphasize that any alternative to the regulatory requirements must be
made by written agreement (i.e., in writing, in the program required by
this rule). These changes reflect FRA's previous guidance and will
eliminate any potential confusion between a railroad and a contractor
about which party is expected to conduct the periodic oversight.
Because FRA did not receive any comments regarding the proposed
changes to Sec. 243.205, aside from the changes discussed herein, the
final rule adopts the revisions as proposed.\53\
---------------------------------------------------------------------------
\53\ Id.
---------------------------------------------------------------------------
Each of the revisions adopted in this final rule and described
above are consistent with the guidance FRA published on April 20, 2023,
titled Training Qualification, and Oversight for Safety-Related
Railroad Employees; Periodic Job Oversight Job Aid, available at
<a href="https://railroads.dot.gov/elibrary/training-qualification-and-oversight-safety-related-railroad-employees-periodic-oversight">https://railroads.dot.gov/elibrary/training-qualification-and-oversight-safety-related-railroad-employees-periodic-oversight</a>.
V. Regulatory and Statutory Requirements
A. Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
Executive Order (E.O.) 12866 (``Regulatory Planning and
Review''),\54\ as implemented by DOT Order 2100.6B (``Policies and
Procedures for Rulemaking''),\55\ requires agencies to regulate in the
``most cost-effective manner,'' to make a ``reasoned determination that
the benefits of the intended regulation justify its costs,'' and to
develop regulations that ``impose the least burden on society.'' DOT
Order 2100.6B specifies that regulations generally should ``not be
issued unless their benefits are expected to exceed their costs.'' In
arriving at those conclusions, E.O. 12866 requires that agencies should
consider ``both quantifiable measures . . . and qualitative measures of
costs and benefits that are difficult to quantify'' and ``maximize net
benefits . . . unless a statute requires another regulatory approach.''
E.O. 12866 also requires that ``agencies should assess all costs and
benefits of available regulatory alternatives, including the
alternative of not regulating.'' DOT Order 2100.6B directs FRA and
other Operating Administrations generally must choose the ``least
costly regulatory alternative that achieves the relevant objectives''
unless required by law or compelling safety need.
---------------------------------------------------------------------------
\54\ 58 FR 51735 (Oct. 4, 1993).
\55\ DOT-2100.6B-Policies and Procedures for Rulemaking,
available at <a href="https://www.transportation.gov/regulations/dot-order-21006b-rulemaking-and-guidance-procedures">https://www.transportation.gov/regulations/dot-order-21006b-rulemaking-and-guidance-procedures</a>.
---------------------------------------------------------------------------
E.O. 12866 and DOT Order 2100.6B also require that FRA submit
``significant regulatory actions'' to the Office of Information and
Regulatory Affairs (OIRA) within the Executive Office of the
President's Office of Management and Budget (OMB) for review. This
final rule is a not significant regulatory action pursuant to E.O.
12866; it also has not designated this rule as a ``major rule'' as
defined by the Congressional Review Act (5 U.S.C. 801 et seq.).
FRA is issuing this final rule to address issues raised in the
Associations' petitions for rulemaking, provide clarity to current
requirements, and remove requirements that are no longer necessary. For
example, FRA is removing certain requirements from Sec. 243.111
because FRA found some of the information required to be submitted by
training organizations and learning institutions unnecessary. FRA is
also removing implementation dates that have passed. Overall, the
changes codify existing regulatory guidance that FRA has issued or
clarify and streamline the existing regulatory requirements.
The final rule provides regulatory clarity and promotes regulatory
compliance by the regulated industry through, among other things: (1)
clarifying that FRA will accept a training program that categorizes
employees by legal requirement references rather than occupational
categories; (2) eliminating certain submissions such as similar
training programs or plans; (3) requiring that each employer under
Sec. 243.103(a)(2)(v) exclude the course duration of OJT for an
employer's estimate of the anticipated course duration for all formal
training combined; (4) clarifying the use of model programs without
requiring an entity to refer to guidance or asking FRA for assistance;
(5) amending requirements for training program submissions and the
introductory information required in Sec. 243.107 due to FRA's part
243 web portal; (6) revising Sec. 243.109 to clarify refresher
training program submission requirements; (7) requiring each training
organization and learning institution provide less information in its
submission than required currently by Sec. 243.111; (8) revising the
refresher training requirements and options, clarifying what employers
need to include to complete minimum acceptable refresher training; and
(9) allowing each railroad and contractor the flexibility to decide
which entity will be responsible for conducting periodic oversight.
This final rule will delay refresher training requirements for
small entities by one year. FRA assumes approximately 3,500 safety-
critical employees \56\ will be granted this one-year relief period,
and each employee would require four hours of annual refresher
training. FRA uses a wage rate of $43.78 to represent each employee
after averaging the wage rates of four categories of employees:
maintenance of way and structures; maintenance of equipment and stores;
transportation (other than train and engine); and transportation (train
and engine).\57\ FRA
[[Page 27858]]
burdens this average wage rate by 75-percent to calculate a wage of
$76.62 for each employee. Based on these estimates, FRA calculates a
cost savings of $1.1 million \58\ for the one-year delayed
implementation refresher training deadline for small entities.
---------------------------------------------------------------------------
\56\ In the 2014 Final Rule (79 FR 66460), FRA estimated 35,000
employees would require refresher training annually. FRA estimated
approximately 10 percent of these employees would work for small
entities.
\57\ Surface Transportation Board (STB), Quarterly Wage Form A&B
Data (2024). Compiled from Class I railroad data reported on Wage
Form A&B for year 2024. Calculated as: Wage ($/hour) = sum of
compensation for time worked and paid for straight time rates ($)
for Class I railroads / sum of service hours for time worked and
paid for straight time rates (hours) for Class I railroads.
Available: <a href="https://www.stb.gov/reports-data/economic-data/quarterly-wage-ab-data/">https://www.stb.gov/reports-data/economic-data/quarterly-wage-ab-data/</a>.
\58\ 3,500 employees x 4 hours x $76.62 = $1,072,680.
---------------------------------------------------------------------------
FRA expects the final rule will result in several, non-quantifiable
benefits for the regulated industry and FRA, such as: permitting
training programs that categorize employees by referencing the
applicable part of the CFR, a statute, or an order, rather than
occupational categories associated by craft; clarifying that an
employer need not submit courseware unless FRA requests that additional
documentation is needed to conduct an adequate review; and clarifying
what employers need to include to complete minimum acceptable refresher
training, as well as allow for tests or inspections, instead of
requiring both. FRA expects these clarifications will provide employers
an easier means of complying with this regulation, as well as save time
understanding what needs to be submitted and preparing submissions to
FRA. By codifying existing regulatory guidance, FRA expects that the
railroads will have greater regulatory certainty for future submissions
while complying with training program requirements. FRA estimates that
there will be no costs associated with this final rule.
B. Executive Order 14192 (Unleashing Prosperity Through Deregulation)
E.O. 14192 (90 FR 9065, Jan. 31, 2025), Unleashing Prosperity
Through Deregulation, requires that for ``each new [E.O. 14192
regulatory action] issued, at least ten prior regulations be identified
for elimination.'' \59\ Implementation guidance for E.O. 14192 issued
by the Office of Management and Budget (OMB) (Memorandum M-25-20, Mar.
26, 2025) defines two different types of E.O. 14192 actions: an E.O.
14192 deregulatory action, and an E.O. 14192 regulatory action.\60\
---------------------------------------------------------------------------
\59\ Executive Office of the President. Executive Order 14192 of
January 31, 2025. Unleashing Prosperity Through Deregulation. 90 FR
9065-9067. Feb. 6, 2025.
\60\ Executive Office of the President. Office of Management and
Budget. Guidance Implementing Section 3 of Executive Order 14192,
Titled ``Unleashing Prosperity Through Deregulation. '' Memorandum
M-25-20. March 26, 2025.
---------------------------------------------------------------------------
An E.O. 14192 deregulatory action is defined as ``an action that
has been finalized and has total costs less than zero.'' This final
rule is considered an E.O. 14192 deregulatory action. FRA estimates
this rule generates a cost savings of $1.1 million, based on the one-
year refresher training extension granted to small entities.
C. Regulatory Flexibility Act and Executive Order 13272
The Regulatory Flexibility Act (RFA) of 1980 \61\ and E.O. 13272
\62\ require agency review of proposed and final rules to assess their
impacts on small entities. When an agency issues a proposed rulemaking,
the RFA requires the agency to ``prepare and make available for public
comment an initial regulatory flexibility analysis'' that will
``describe the impact of the proposed rule on small entities.'' \63\
Section 605 of the RFA allows an agency to certify a rule, in lieu of
preparing an analysis, if the rulemaking is not expected to have a
significant economic impact on a substantial number of small entities.
FRA certified that the proposed rule would not have a significant
economic impact on a substantial number of small entities in the NPRM.
No comments were received in response to this certification.
---------------------------------------------------------------------------
\61\ 5 U.S.C. 601 et seq.
\62\ 67 FR 53461 (Aug. 16, 2002).
\63\ 5 U.S.C. 603(a).
---------------------------------------------------------------------------
This final rule directly affects all railroads, of which there are
approximately 784. FRA estimates that approximately 94 percent of these
railroads are small entities. This final rule also affects
approximately 300 contractors of railroads and approximately 109
training organizations or learning institutions, most of which, by
definition, are considered small entities.
The requirements of this final rule will apply to employers of
safety-related railroad employees, whether the employers are railroads,
contractors, or subcontractors. Although a substantial number of small
entities will be subject to this rule, the final rule will codify
agency guidance, reduce submissions to FRA, and clarify existing
requirements.
C. Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995,\64\ FRA is
seeking approval from OMB to revise the information collection
estimates in previously approved OMB control number 2130-0597,
corresponding to part 243. On June 18, 2024, OMB approved FRA's last
information collection request (ICR) corresponding to part 243,
containing 16,549 burden hours.\65\ With this final rule, the burden
will increase by 6 hours, for a new total of 16,555 burden hours. The
number of burden hours estimated in this final rule is significantly
less than the 31,574 hours total burden hours estimated in the
NPRM,\66\ because FRA identified burden hour reductions when renewing
the ICR for part 243 in June 2024.
---------------------------------------------------------------------------
\64\ 44 U.S.C. 3501 et seq.
\65\ For comparison with the revised burden estimates in this
final rule, the supporting justification for the June 2024 ICR is
available for review at: <a href="https://www.reginfo.gov/public/do/PRAOMBHistory?ombControlNumber=2130-0597">https://www.reginfo.gov/public/do/PRAOMBHistory?ombControlNumber=2130-0597</a>.
\66\ 87 FR 59749, 59759.
---------------------------------------------------------------------------
The table below shows the sections in part 243 that contain the new
and currently approved information collection requirements that will
apply when this final rule becomes effective, and the estimated time to
fulfill each requirement as follows:
----------------------------------------------------------------------------------------------------------------
Total
annual Total cost
CFR section \67\ Respondent Total annual Average time per burden equivalent
universe responses responses hours \69\
\68\
----------------------------------------------------------------------------------------------------------------
243.3(c)--Application and The estimated paperwork burden for this requirement is covered under Sec.
responsibility for 243.101(b).
compliance--A parent or
holding company that submits
a training program on behalf
of one or more subsidiaries
must initially and
continually maintain in its
written submission a list of
the legal name of each
subsidiary (New requirement).
---------------------------------------------------------------------------------
[[Page 27859]]
243.101(b) Each employer that 10 new railroads/ 10 training 20 hours......... 200 $24,000
has not yet commenced 435 contractors. programs.
operations subject to this
part shall submit a training
program for its safety-
related railroad employees
before commencing operations.
---------------------------------------------------------------------------------
--(c) and (d) Employer's The burden for this requirement is included under Sec. 243.101(b).
classification of its safety-
related railroad employees
and OJT training requirements.
---------------------------------------------------------------------------------
--(e) Contractor's duty to 400 railroads/435 150 documents.... 15 minutes....... 37.5 2,888
validate approved program to contractors.
a railroad.
--(f) Railroad's duty to 1,046 railroads.. 1,046 copies..... 2 minutes........ 34.9 2,687
retain copies of contractor's
validation document.
---------------------------------------------------------------------------------
243.103(a) and (c)--Training The burden requirements for paragraphs (a) and (c) are included under Sec.
components identified in 243.101(b). Regarding the burden for paragraph (b), FRA estimates that it will
program. receive zero (0) supplementary documents.
---------------------------------------------------------------------------------
--(d) Training components 1,155 railroads/ 10 modified 5 hours.......... 50 3,850
identified in program; 435 contractors. training
modifications to components programs.
of the training programs.
---------------------------------------------------------------------------------
243.105(a) and (b)--Optional The burden requirement for paragraph (a) has been fulfilled. The burden for
model program development. paragraph (b) is included under Sec. 243.101(b).
---------------------------------------------------------------------------------
--(c) Optional model program 30 model programs 10 notifications. 10 minutes....... 2 154
development; model program
revisions: notice of FRA-
approved changes to
authorized users (New
requirement).
---------------------------------------------------------------------------------
243.107(a)--Training program The burden for this information requirement is covered under Sec. 243.101(b).
submission, introductory
information required.
---------------------------------------------------------------------------------
243.109(b)--Previously 1,155 railroads/ 75 informational 8 hours.......... 600 46,200
approved programs requiring 435 contractors/ filings.
an informational filing when 40 TO/LI.
modified.
--(c) New portions or 10 railroads/435 10 revised 16 hours......... 160 12,320
substantial revisions to an contractors. training
approved training program. programs.
--(c) New portions or 50 railroads/435 50 revised 8 hours.......... 400 30,800
substantial revisions to an contractors. training
approved training program programs.
found non-conforming to this
part by FRA--revisions
required.
--(d)(1)(i) Copy of additional 50 railroads/435 50 copies........ 10 minutes....... 8.3 639
submissions, resubmissions, contractors.
and informational filings to
labor organization presidents.
--(d)(1)(ii) Railroad 228 railroads/435 76 affirming 10 minutes....... 12.7 978
statement affirming that a contractors. statements.
copy of submissions,
resubmissions, or
informational filings has
been served to labor
organization presidents.
--(d)(2) Labor organization 20 labor 3 comments....... 30 minutes....... 1.5 116
comments on railroad training organizations.
program submissions,
resubmissions, or
informational filings.
---------------------------------------------------------------------------------
243.111(a) through (f)-- The burden requirements for paragraphs (a) and (c) are included under Sec.
Approval of programs filed by 243.101(b). The burden requirement for paragraphs (b) and (d) are covered under
training organizations or Sec. 243.103(d). The burden requirement for paragraphs (e) and (f) are
learning institutions (TO/LI). covered under Sec. 243.109(b).
---------------------------------------------------------------------------------
--(g) Safety-related railroad 40 TO/LI......... 5,450 records.... 5 minutes........ 454.2 34,973
employees instructed by TO/LI
--Recordkeeping.
--(h) TO/LI to provide 40 TO/LI......... 545 records...... 5 minutes........ 45.4 3,496
student's training transcript
or training record to any
employer upon request by the
student.
---------------------------------------------------------------------------------
243.113--Electronic and The burden for paragraph this requirement is included under Sec. 243.101(b).
written program submission
requirements.
---------------------------------------------------------------------------------
243.201(b) An employer 10 new railroads/ 10 designation 15 minutes....... 2.5 193
commencing operations shall 435 contractors. lists.
declare the designation of
each of its safety-related
railroad employees.
--(c) Training records of 4,800 employees.. 4,800 records.... 15 minutes....... 1,200 92,400
newly hired employees or
those assigned new safety-
related duties.
--(d)(1)(i) Requests for 4,800 employees.. 250 record 5 minutes........ 20.8 1,602
relevant qualification or requests.
training record from an
entity other than current
employer.
---------------------------------------------------------------------------------
[[Page 27860]]
--(e) Refresher training The paperwork burden for this requirement includes recordkeeping and scheduling
requirements and options \70\. of the training and is covered under Sec. 243.203.
---------------------------------------------------------------------------------
243.203(a) through (e) 10 railroads/435 10 recordkeeping 30 minutes....... 5 385
Recordkeeping--Systems set up contractors 40 systems.
to meet FRA requirements. TO/LI.
--(f) Transfer of records to 1,155 railroads/ 3 records........ 30 minutes....... 1.5 116
successor employer. 435 contractors
40 TO/LI.
---------------------------------------------------------------------------------
243.205(a), (b), (e) and (g) -- The burden for adopting and complying with a program of periodic oversight under
Periodic oversight. paragraph (a) is included above under the training program requirements in Sec.
243.109. Furthermore, FRA estimates that zero (0) training programs will be
changed as the result of the assessments under parts 240 and 242.
---------------------------------------------------------------------------------
--(c) Railroad identification 435 contractors.. 100 5 minutes........ 8.3 639
of supervisory employees who identifications.
conduct periodic oversight
tests by category/subcategory.
--(f) Notification by railroad 435 contractors.. 90 employee 10 minutes....... 15 1,155
of contractor employee non- 435 contractors.. notices. 10 minutes....... 45 3,465
compliance with Federal laws/ 270 employer
regulations/orders to notices.
employee and employee's
employer.
--(i) and (j) Employer records 1,046 railroads/ 150,000 records.. 5 minutes........ 12,500 962,500
of periodic oversight. 435 contractors.
243.207(a)--Written annual 22 railroads..... 22 reviews....... 16 hours......... 352 27,104
review of safety data
(Railroads with 400,000
annual employee work hours or
more).
--(b) Railroad copy of written 22 railroads..... 22 review copies. 5 minutes........ 1.8 139
annual review at system
headquarters.
--(e) Railroad notification to 22 railroads..... 2 notifications.. 15 minutes....... 0.50 39
contractor of relevant
training program adjustments.
243.209(a) and (b)--Railroad 754 railroads.... 754 lists........ 30 minutes....... 377 29,029
maintained list of
contractors utilized.
--(c) Railroad duty to update 754 railroads.... 75 updated lists. 15 minutes....... 18.8 1,444
list of contractors utilized
and retain record for at
least 3 years showing if a
contractor was utilized in
last 3 years.
---------------------------------------------------------------------------------
Total..................... 1,155 railroads 163,893 responses N/A.............. 16,555 1,283,311
435 contractors
40 TO/LI.
----------------------------------------------------------------------------------------------------------------
All estimates include the time for reviewing instructions;
searching existing data sources; gathering or maintaining the needed
data; and reviewing the information. For information or a copy of the
paperwork package submitted to OMB, contact Ms. Joanne Swafford,
Information Collection Clearance Officer, at email:
<a href="/cdn-cgi/l/email-protection#9cf6f3fdf2f2f9b2efebfdfafaf3eef8dcf8f3e8b2fbf3ea"><span class="__cf_email__" data-cfemail="6c06030d020209421f1b0d0a0a031e082c080318420b031a">[email protected]</span></a> or telephone: 757-897-9908.
---------------------------------------------------------------------------
\67\ FRA will be requesting to revise the previously approved
OMB control number (OMB No. 2130-0597) corresponding to part 243.
\68\ The modifications to the paperwork burden, particularly the
adjustments made in the number of responses, resulted from the
latest available data since the publication of the NPRM. As a
result, FRA has updated the number of responses under Sec. Sec.
243.101(e), 243.101(f), 243.103(d), 243.109(b), 243.109(c),
243.109(d)(1)(i), 243.201(a)(2), 243.201(d)(1)(i) and 243.203(a) to
reflect current data. In addition, after further review it was
determined that there is no additional burden to report under Sec.
243.101(a)(2) as this requirement has been completed. The
adjustments made in the number of responses resulted in a decrease
in the burden, from 31,574 burden hours reported in the NPRM to
16,555 burden hours in this final rule. Supporting justification
will be published under: <a href="https://www.reginfo.gov/public/do/PRAOMBHistory?ombControlNumber=2130-0597">https://www.reginfo.gov/public/do/PRAOMBHistory?ombControlNumber=2130-0597</a>.
\69\ The dollar equivalent cost is derived from the Surface
Transportation Board's 2022 Full Year Wage A&B data series using the
appropriate employee group hourly wage rate that includes a 75-
percent overhead charge.
\70\ This row was previously omitted from the NPRM and is now
added to the table to reflect that the paperwork burden on refresher
training (Sec. 243.201(e)) is already accounted for under Sec.
243.203.
---------------------------------------------------------------------------
OMB is required to decide concerning the collection of information
requirements contained in this final rule between 30 and 60 days after
publication of this document in the Federal Register. Therefore, a
comment to OMB is best assured of having its full effect if OMB
receives it within 30 days of publication of this document. FRA is not
authorized to impose a penalty on persons for violating information
collection requirements that do not display a current OMB control
number, if required. The current OMB control number for this rule is
2130-0597.
D. Federalism Implications and Executive Order 13132
E.O. 13132, ``Federalism,'' \71\ requires FRA to develop an
accountable process to ensure ``meaningful and timely input by State
and local officials in the development of regulatory policies that have
federalism implications.'' ``Policies that have federalism
implications'' are defined in the E.O. to include regulations that have
``substantial direct effects 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.'' Under
E.O. 13132, the agency may not issue a regulation with federalism
implications that imposes substantial direct compliance costs and that
is not required by statute, unless the Federal government provides the
funds necessary to pay the direct compliance costs incurred by State
and local governments or the agency consults with State and local
government officials early in the process of developing the regulation.
Where a regulation has federalism implications and preempts State law,
the agency seeks to consult with State and local officials in the
process of developing the regulation.
---------------------------------------------------------------------------
\71\ 64 FR 43255 (Aug. 10, 1999).
---------------------------------------------------------------------------
FRA has analyzed this final rule under the principles and criteria
contained in E.O. 13132. FRA has determined that this final rule has no
federalism implications, other than the possible preemption of State
laws under 49 U.S.C. 20106. Therefore, the consultation and funding
requirements
[[Page 27861]]
of E.O. 13132 do not apply, and preparation of a federalism summary
impact statement for this final rule is not required.
E. International Trade Impact Assessment
The Trade Agreements Act of 1979 \72\ prohibits Federal agencies
from engaging in any standards or related activities that create
unnecessary obstacles to the foreign commerce of the United States.
Legitimate domestic objectives, such as safety, are not considered
unnecessary obstacles.\73\ The statute also requires consideration of
international standards and, where appropriate, that they be the basis
for U.S. standards. This final rule is purely domestic in nature and is
not expected to affect trade opportunities for U.S. firms doing
business overseas or for foreign firms doing business in the United
States.
---------------------------------------------------------------------------
\72\ 19 U.S.C. ch. 13.
\73\ 19 U.S.C. 2531(b).
---------------------------------------------------------------------------
F. Environmental Impact
FRA has evaluated this final rule consistent with the National
Environmental Policy Act of 1969 (NEPA).\74\ In accordance with 42
U.S.C. 4336 and DOT NEPA Order 5610.1D, FRA has determined that this
rule is categorically excluded pursuant to 23 CFR 771.118(c)(4),
``[p]lanning and administrative activities not involving or leading
directly to construction, such as: [p]romulgation of rules,
regulations, and directives.'' This rulemaking is not anticipated to
result in any environmental impacts, and there are no unusual or
extraordinary circumstances present in connection with this rulemaking.
---------------------------------------------------------------------------
\74\ 42 U.S.C. 4321 et seq.
---------------------------------------------------------------------------
Pursuant to section 106 of the National Historic Preservation Act
and its implementing regulations, FRA has determined this rulemaking
has no potential to affect historic properties.\75\ FRA has also
determined that this rulemaking would not approve a project resulting
in a use of a resource protected by section 4(f).\76\
---------------------------------------------------------------------------
\75\ 16 U.S.C. 470.
\76\ Department of Transportation Act of 1966, as amended (Pub.
L. 89-670, 80 Stat. 931); 49 U.S.C. 303.
---------------------------------------------------------------------------
G. Unfunded Mandates Reform Act of 1995
This final rule will not result in the expenditure, in the
aggregate, of $100,000,000 or more, adjusted for inflation, in any one
year by State, local, or Indian Tribal governments, or the private
sector. Thus, consistent with section 202 of the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4, 2 U.S.C. 1532), FRA is not required
to prepare a written statement detailing the effect of such an
expenditure.
H. Energy Impact
E.O. 13211, ``Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use,'' requires Federal agencies
to prepare a Statement of Energy Effects for any ``significant energy
action.'' \77\ FRA evaluated this final rule under E.O. 13211 and
determined that this regulatory action is not a ``significant energy
action'' within the meaning of E.O. 13211.
---------------------------------------------------------------------------
\77\ 66 FR 28355 (May 22, 2001).
---------------------------------------------------------------------------
I. Executive Order 13175 (Tribal Consultation)
FRA has evaluated this rule in accordance with the principles and
criteria contained in E.O. 13175, Consultation and Coordination with
Indian Tribal Governments (65 FR 67249, Nov. 6, 2000). The rule would
not have a substantial direct effect on one or more Indian Tribes,
would not impose substantial direct compliance costs on Indian Tribal
governments, and would not preempt Tribal laws. Therefore, the funding
and consultation requirements of E.O. 13175 do not apply, and a Tribal
summary impact statement is not required.
List of Subjects in 49 CFR Part 243
Administrative practice and procedure, Penalties, Railroad
employees, Railroad safety, Reporting and recordkeeping requirements.
The Rule
For the reasons discussed in the preamble, FRA is amending part 243
of chapter II, subtitle B of title 49 of the Code of Federal
Regulations as follows:
PART 243-TRAINING, QUALIFICATION, AND OVERSIGHT FOR SAFETY-RELATED
RAILROAD EMPLOYEES
0
1. The authority citation for part 243 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20131-20155, 20162, 20301-
20306, 20701-20702, 21301-21304, 21311; 28 U.S.C. 2461 note; and 49
CFR 1.89.
Subpart A--General
0
2. Section 243.1 is amended by adding paragraphs (f) and (g) to read as
follows:
Sec. 243.1 Purpose and scope.
* * * * *
(f) The requirements in this part do not require an employer to
adopt and comply with a training program when the training required for
a qualified person is obtained through earning a college degree or
certification from an accredited training organization or learning
institution. For example, the requirements in this part do not require
the training program of an engineering firm that conducts bridge
inspections to include training of railroad bridge engineers on the
subjects taught as part of a professional engineering curriculum
covered by 49 CFR 237.51(b).
(g) The requirements in this part do not require an employer to
train contractors who are hired to perform elective audits or
assessments that are not required by Federal railroad safety laws,
regulations, or orders.
0
3. Section 243.3 is amended by adding paragraph (c) to read as follows:
Sec. 243.3 Application and responsibility for compliance.
* * * * *
(c)(1) A parent or holding company may comply with the requirements
of this part on behalf of one or more subsidiaries if the arrangement
is specified and submitted with the relevant training program(s) under
subpart B of this part.
(i) The arrangement may be used to fulfill all or a portion of a
subsidiary's responsibility for compliance with this part.
(ii) A parent or holding company that submits a training program on
behalf of one or more subsidiaries must initially and continually
maintain in its submission a list of the legal name of each subsidiary.
The submission must reflect which courses each subsidiary is adopting
if a subsidiary is not adopting the parent or holding company's
training program in its entirety. The submission must reflect whether
each subsidiary is adopting all of a parent or holding company's
training programs or identify which courses each subsidiary is
adopting.
(2) A subsidiary must not duplicate a training program submission a
parent or holding company has made on its behalf.
(3) A subsidiary must file a training program submission, in
accordance with the requirements of subpart B of this part, if a parent
or holding company does not submit one or more training programs on
behalf of the subsidiary that is intended to fulfill all of the
subsidiary's responsibilities under this part.
(4) A subsidiary must comply with a parent or holding company's
training program submission that is filed on behalf of the parent or
holding company's subsidiaries unless the
[[Page 27862]]
subsidiary files its own submission, in accordance with the
requirements of subpart B of this part.
0
4. Section 243.5 is amended by revising the definitions for
``Designated instructor'' and ``Refresher training'' and adding a
definition for ``Training organizations or learning institutions'' in
alphabetical order to read as follows:
Sec. 243.5 Definitions.
* * * * *
Designated instructor means a person designated as such by an
employer, training organization, or learning institution, who has
demonstrated an adequate knowledge of the subject matter under
instruction and, where applicable, has the necessary experience to
effectively provide formal training on the subject matter. The
designated instructor is not required to be an employee of the
employer. Employers are required to ensure that employees and non-
employees used as designated instructors have the necessary knowledge,
skills, and abilities to provide sound coaching, mentoring, and
guidance to new learners.
* * * * *
Refresher training means periodic retraining required for each
safety-related railroad employee that is designed to maintain, improve,
and update the skills and knowledge of existing employees to ensure
they are sufficiently acquainted with any changed standards, or any
relevant problematic issues or new skills, methods, and processes, and
to ensure no important skills or knowledge have been lost due to lack
of use. Similar training programs or plans required elsewhere in this
chapter but identified by a term other than refresher training such as
``recurrent training,'' ``re-training,'' ``periodic training,''
``training that occurs periodically,'' or ``training that is required
within defined intervals,'' are considered refresher training for
purposes of this part although they need not be submitted for review
pursuant to Sec. 243.103(b).
* * * * *
Training organizations or learning institutions mean entities that
provide training services for people who are safety-related railroad
employees or independent students who will rely on the training
services provided to qualify to become safety-related railroad
employees, but not employees of the entities providing the training.
Training organizations and learning institutions include businesses
that provide formal training, and colleges and universities that
provide rail safety courses, necessary for a person to qualify as a
safety-related railroad employee. Training organizations and learning
institutions also include entities that do not maintain fixed
facilities (i.e., do not have a physical location), as they may rent or
lease meeting space to deliver formal training, deliver formal training
at an employer's facility, or deliver computer-based training
virtually. A railroad that trains its own employees and also trains
safety-related railroad employees of other employers is not a training
organization or learning institution.
Subpart B--Program Components and Approval Process
0
5. Section 243.101 is amended by revising paragraphs (a), (b), (c)(1)
through (3), (c)(5), (d)(1), (e), and (f) to read as follows:
0
5. Revise and republish Sec. 243.101 to read as follows:
Sec. 243.101 Employer program required.
(a) Each employer conducting operations subject to this part shall
submit, adopt, and comply with a training program for its safety-
related railroad employees.
(b) Each employer that has not yet commenced operations subject to
this part shall submit a training program for its safety-related
railroad employees before commencing operations. Upon commencing
operations, the employer shall adopt and comply with the training
program.
(c) In the program required by this part, the employer shall:
(1) Classify its safety-related railroad employees in occupational
categories or subcategories by craft, class, task, or other suitable
terminology. Other suitable terminology for classifying safety-related
railroad employees may include references to the applicable part of the
Code of Federal Regulations, section of the United States Code, or
citation to an order as described in paragraph (c)(2) of this section;
(2) Define the occupational categories or subcategories of safety-
related railroad employees. The definition of each category or
subcategory shall include a list of the Federal railroad safety laws,
regulations, and orders that the employee is required to comply with,
based on the employee's assignments and duties, broken down at a
minimum to the applicable part of the Code of Federal Regulations,
section of the United States Code, or citation to an order. The listing
of the Federal requirements shall contain the descriptive title of each
law, regulation, or order. An employer that classifies its safety-
related railroad employees by direct reference to the applicable part
of the Code of Federal Regulations, section of the United States Code,
or citation to an order as permitted in paragraph (c)(1) of this
section, is not required to define the occupational categories or
subcategories of its safety-related railroad employees;
(3) Create tables or utilize other suitable formats which summarize
the information required in paragraphs (c)(1) and (2) of this section,
separated by major railroad departments (e.g., operations, maintenance-
of-way, maintenance-of-equipment, signal and communications). After
listing the major departments, the tables or other formats should list
the categories and subcategories of safety-related railroad employees
within those departments. An employer that does not have major railroad
departments and classifies its safety-related railroad employees by
direct reference to the applicable part of the Code of Federal
Regulations, section of the United States Code, or citation to an
order, as permitted in paragraph (c)(1) of this section, is not
required to summarize the information required in paragraphs (c)(1) and
(2) of this section;
(4) Develop procedures to design and develop key learning points
for any task-based or knowledge-based training; and
(5) Determine how training shall be structured, developed, and
delivered, including an appropriate combination of classroom,
simulator, computer-based, correspondence, OJT, or other formal
training. The curriculum shall be designed to impart knowledge of, and
ability to comply with, applicable Federal railroad safety laws,
regulations, and orders, as well as any relevant railroad rules and
procedures promulgated to implement those applicable Federal railroad
safety laws, regulations, and orders. OJT is required when tasks
require neuromuscular coordination to learn, unless FRA approves
alternative, formal training that addresses the need to practice
safety-related tasks, with the ability to objectively measure task
completion proficiency.
(d) On-the-job (OJT) training requirements:
(1) When a training program is required to have OJT, the OJT
portion of the training program shall consist of the following three
key components:
(i) A brief statement describing the tasks and related steps the
employee learning the job shall be able to perform;
(ii) A statement of the conditions (prerequisites, tools,
equipment, documentation, briefings, demonstrations, and practice)
necessary for learning transfer; and
[[Page 27863]]
(iii) A statement of the standards by which proficiency is measured
through a combination of task/step accuracy, completeness, and
repetition.
(2) Prior to beginning the initial safety-related tasks associated
with OJT exercises, employers shall make any relevant information or
materials, such as operating rules, safety rules, or other rules
available to employees involved for referencing.
(3) The tasks and related steps associated with OJT exercises for a
particular category or subcategory of employee shall be maintained
together in one manual, checklist, or similar document. This reference
shall be made available to all employees involved in those OJT
exercises.
(e) Contractor's responsibility to validate approved program to a
railroad: A contractor is being utilized by a railroad when any of the
contractor's employees conduct safety-related duties on behalf of the
railroad and the railroad does not otherwise qualify those employees of
the contractor that are allowed to perform those duties. A contractor
that chooses to train its own safety-related railroad employees shall
provide each railroad that utilizes it with a document proving or
stating that:
(1) The contractor's training program was approved by FRA; or
(2) The contractor is not required to submit the similar training
program or plan as required in Sec. 243.103(b) but is maintaining the
similar training program or plan, pursuant to other regulatory
requirements contained elsewhere in this chapter.
(f) Railroad's responsibility to retain contractor's validation of
program: A railroad that chooses to utilize contractor employees to
perform safety-related duties and relies on contractor-provided
training as the basis for those employees' qualification to perform
those duties shall retain a document from the contractor declaring or
proving that the contractor's program was approved by FRA, or that the
contractor is not required to submit the similar training program or
plan as required in Sec. 243.103(b) but is maintaining the similar
training program or plan, pursuant to other regulatory requirements
contained elsewhere in this chapter. A copy of the document required in
paragraph (e) of this section satisfies this requirement.
0
6. Section 243.103 is amended by revising paragraphs (a)(1) and (2)(v),
(b), and (d) to read as follows:
Sec. 243.103 Training components identified in program.
(a) * * *
(1) A unique name and identifier for each formal initial and
refresher training course of study;
(2) * * *
(v) The anticipated course duration for all formal training
combined, excluding the course duration of OJT;
* * * * *
(b) An employer that is required to adopt and comply with similar
training programs or plans, pursuant to other regulatory requirements
contained elsewhere in this chapter, is not required to submit those
similar training programs or plans in accordance with this part. When
any such similar program or plan, pursuant to other regulatory
requirements contained elsewhere in this chapter, includes OJT but does
not include the OJT components specified in paragraph (a)(3) of this
section and in Sec. 243.101(d), the employer shall supplement its
program to include the OJT components in accordance with this part. In
addition, when any such similar program or plan, pursuant to other
regulatory requirements contained elsewhere in this chapter, is amended
for any reason, the employer shall amend its program without submission
to FRA under Sec. 243.109.
* * * * *
(d) FRA may require modifications to any programs, including those
programs referenced in paragraph (b) of this section, if it determines
essential program components, such as OJT, or arranged practice and
feedback, are missing or inadequate. Unless requested by FRA, an
employer is not required to submit courseware (i.e., lesson plans,
instructor guides, participant guides, job aids, practical exercises,
tests/assessments, and other materials used in the delivery of any
course) as part of a training program submission.
0
7. Section 243.105 is amended by removing paragraph (a)(3), revising
paragraph (b), and adding paragraph (c) to read as follows:
Sec. 243.105 Optional model program development.
* * * * *
(b)(1) An employer that chooses to use a model program approved by
FRA is not required to submit the entire program to FRA. Instead, the
employer must submit only the unique identifier associated with the
program, and all other information that is specific to that employer or
deviates from the model program.
(2) An employer that chooses to adopt a model program at FRA's part
243 web portal (<a href="https://safetydata.fra.dot.gov/Part243/">https://safetydata.fra.dot.gov/Part243/</a>) will be
prompted for the required information and find each model program
developer's contact information if the developer has an FRA-approved
training program.
(3) An employer that chooses to adopt and implement a model program
must contact the model program developer and obtain the associated
course/training materials necessary for training safety-related
railroad employees. FRA does not prohibit a model program developer
from charging an employer a fee for the right to use a model training
program it developed or requiring that each employer obtain its
explicit authorization before the employer adopts one of its model
programs.
(4) An employer that submits, adopts, and implements an FRA-
approved model program, consistent with the operations of that
employer, will be considered in compliance with the employer program
requirements of Sec. 243.101.
(c)(1) Once a model program is approved by FRA, the developer must
consider when it is necessary to make revisions in accordance with
Sec. 243.109. A developer that revises its model program is required
to provide notice of the FRA-approved changes to its authorized users.
A model program developer is required to provide notice of any model
program revisions by engaging in any form of communication that
positively affirms the developer provided notice to employers likely to
be impacted by the changes to the program, including posting the
information at the organization's website, writing letters to the
employers, and including information in periodic newsletters. Such
notice must be at least as effective as the notice the developer
provided to employers when it developed the model program. For example,
if the developer makes its model program available to anyone with
access to the developer's website, then posting a notice of any
revisions to the program on its website will be sufficient. In
contrast, if a model program developer requires explicit authorization
to use its model programs, the developer must provide adequate notice
to those entities that it has specifically authorized in a manner
consistent with its authorization practices.
(2) Once notified, an employer that is adopting and complying with
a model program must:
(i) Adopt and comply with the revisions to the model program made
by the developer; or
(ii) Submit information explaining how the employer's training
program will deviate from the model program in accordance with Sec.
243.109.
[[Page 27864]]
0
8. Revise Sec. 243.107 to read as follows:
Sec. 243.107 Training program submission, introductory information
required.
(a) An employer who provides training of safety-related railroad
employees shall submit its training program to FRA for review and
approval. For an employer using FRA's part 243 web portal, the web
portal will prompt the employer to provide the required information in
this section. Each employer shall state in its submission whether, at
the time of filing, it:
(1) Primarily conducts the training program of its own safety-
related railroad employees, utilizing its own resources;
(2) Conducts any training for other than its own safety-related
railroad employees;
(3) Implements any training programs conducted by some other entity
on its behalf but adopted by that employer;
(4) Uses any combination of the practices described in paragraphs
(a)(1) through (3) of this section.
(b) [Reserved]
0
9. Section 243.109 is amended by revising the section heading,
paragraph (a) paragraph heading, and paragraph (a)(2) to read as
follows:
Sec. 243.109 Initial and refresher training program submission,
review, and approval process.
(a) Initial and refresher programs. * * *
* * * * *
(2) An employer's initial program, as required by Sec. 243.101(a)
or (b), or an employer's refresher program, as required by Sec.
243.201(e), must be submitted to the Associate Administrator and is
considered approved and may be implemented immediately upon submission.
Following submission, the Associate Administrator will review the
program and inform the employer as to whether the program conforms to
this part. If the Associate Administrator determines that all or part
of the program does not conform, the Associate Administrator will
inform the employer of the specific deficiencies. The deficient
portions of the non-conforming program may remain in effect until
approval of the revised program, unless FRA provides notification
otherwise. An employer shall resubmit the portion of its program, as
revised to address specific deficiencies, within 90 days after the date
of any notice of deficiencies from the Associate Administrator. A
failure to resubmit the program with the necessary revisions shall be
considered a failure to implement a program under this part. The
Associate Administrator may extend this 90-day period upon written
request.
* * * * *
0
10. Section 243.111 is amended by revising paragraphs (a) and (c)(3)
and (4), removing paragraphs (c)(5) through (7), and revising paragraph
(e) introductory text to read as follows:
Sec. 243.111 Approval of programs filed by training organizations or
learning institutions.
(a) A training organization or learning institution that provides
training services for safety-related railroad employees, including
providing such training services to independent students who enroll
with such training organization or learning institution and who will
rely on the training services provided to qualify to become safety-
related railroad employees, must submit its program to FRA for review
and approval unless:
(1) The program is approved as a model program under Sec. 243.105
or an employer program under Sec. 243.101; and
(2) The training organization or learning institution submits an
informational filing to its previously approved program containing the
information required in paragraph (c) of this section.
* * * * *
(c) * * *
(3) The training organization or learning institution's primary
telephone number and point of contact; and
(4) A listing of the training organization or learning
institution's designated instructors.
* * * * *
(e) Previously approved programs require an informational filing
when modified. The training organization or learning institution shall
review its previously approved training program and modify it
accordingly when new safety-related Federal railroad laws, regulations,
or orders are issued, or new safety-related technologies, procedures,
or equipment are introduced into the workplace and result in new
knowledge requirements, safety-related tasks, or in modifications of
existing safety-related duties. A training organization or learning
institution that modifies its training program for these described
reasons shall submit an informational filing to the Associate
Administrator not later than 30 days after the end of the calendar year
in which the modification occurred, unless FRA advises otherwise.
Programs modified in accordance with this paragraph are considered
approved upon modification and may be implemented immediately. Any
program deficiencies noted by the Associate Administrator shall be
addressed as specified in this section. A training organization or
learning institution may transfer an approved program to another
training organization or learning institution, or an employer, and that
transfer will require the acquiring entity to file an informational
filing unless the acquiring entity is making substantial additions or
revisions to the previously approved program, which will require FRA
review under paragraph (f) of this section. The filing shall contain a
summary description of sufficient detail so that FRA can associate the
changes with the training organization's or learning institution's
previously approved program, and shall include:
* * * * *
0
11. Section 243.113 is revised to read as follows:
Sec. 243.113 Electronic and written program submission requirements.
(a) Each employer, training organization, or learning institution
to which this part applies is required to file by electronic means at
FRA's part 243 web portal any program submissions required under this
part in accordance with the requirements of this section. FRA's part
243 web portal will prompt users to submit all required training
program information. Each organization, business, or association that
develops an optional model program in accordance with Sec. 243.105 is
required to file by electronic means at FRA's part 243 web portal the
program in accordance with the requirements of this section.
(b) Before any person's first program submission electronically at
FRA's part 243 web portal, the person must register for access at the
portal, <a href="https://safetydata.fra.dot.gov/Part243/">https://safetydata.fra.dot.gov/Part243/</a>. Users must provide the
following information to complete registration:
(1) The name of the employer, organization, learning institution,
business, or association;
(2) The names of two individuals, including job titles, who will be
the person's points of contact and will be the only individuals allowed
access to FRA's secure document submission site;
(3) The mailing addresses for the person's points of contact;
(4) The person's system or main headquarters address located in the
United States;
(5) The email addresses for the person's points of contact; and
(6) The daytime telephone numbers for the person's points of
contact.
(c) A person that electronically submits an initial program,
[[Page 27865]]
informational filing, or new portions or revisions to an approved
program required by this part at FRA's part 243 web portal shall be
considered to have provided its consent for FRA to electronically store
any materials required by this part and to receive approval or
disapproval notices from FRA by email.
Subpart C--Program Implementation and Oversight Requirements
0
12. Revise and republish Sec. 243.201 to read as follows:
Sec. 243.201 Employee qualification requirements.
(a)(1) Each employer must permit only employees appropriately
trained and qualified to perform safety-related service.
(2) In addition to any required knowledge-based training, an
employer may limit a safety-related railroad employee's training to
only the relevant Federal requirements that apply to the safety-related
tasks that the employer authorizes the employee to perform.
(3) The requirements in paragraph (a) do not impact the initial
designation of the existing safety-related railroad employees who were
designated by September 1, 2020 (for each Class I railroad, and each
intercity or commuter passenger railroad conducting operations subject
to this part with 400,000 total employee work hours annually or more in
operation as of January 1, 2020) or January 1, 2022 (for each employer
conducting operations subject to this part not covered by the September
1, 2020 implementation date). Each employer conducting operations
subject to this part shall either:
(i) Declare the designation of each of its existing safety-related
railroad employees by occupational category or subcategory, and only
permit designated employees to perform safety-related service in that
occupational category or subcategory; or
(ii) For an employer that does not designate employees by
occupational category or subcategory, retain a record for each employee
identifying the list of Federal railroad safety laws, regulations, and
orders that cover the work the employee is designated as qualified to
perform.
(b) An employer commencing operations shall declare the designation
of each of its existing safety-related railroad employees by
occupational category or subcategory before beginning operations, and
only permit designated employees to perform safety-related service in
that category or subcategory. Any person designated shall have met the
requirements for newly hired employees or those assigned new safety-
related duties in accordance with paragraph (c) of this section.
(c) Newly hired employees or those assigned new safety-related
duty. The following requirements apply to qualifying a safety-related
railroad employee who, subsequent to the employer's designation in
accordance with paragraphs (a) and (b) of this section, is newly hired
or is to engage in a safety-related task not associated with the
employee's previous training.
(1) Prior to an employee becoming a qualified member of an
occupational category or subcategory, the employer shall require a
safety-related railroad employee who is newly hired or is to engage in
safety-related duties not associated with the employee's previous
training to successfully complete the formal training curriculum for
that category or subcategory of safety-related railroad employee.
Successful completion of the formal training curriculum includes
passing any required examinations covering the skills and knowledge the
employee will need to possess in order to perform the safety-related
duties necessary to be a member of the occupational category or
subcategory.
(2) When the training program is required to include OJT, the
employee shall demonstrate, to the satisfaction of a designated
instructor, OJT proficiency by successfully completing the safety-
related tasks necessary to become a qualified member of the
occupational category or subcategory. However, as part of the OJT
process and before completing any of the formal training, including
classroom training and OJT, and passing the field evaluation, a person
may perform such tasks under the direct onsite observation of any
qualified person, provided the qualified person has been advised of the
circumstances and is capable of intervening if an unsafe act or non-
compliance with Federal railroad safety laws, regulations, or orders is
observed. An employee designated to provide formal training to other
employees, and who is not a designated instructor, shall be qualified
on the safety-related topics or tasks in accordance with the employer's
training program and the requirements of this part.
(d) Employees previously trained or qualified, but not by the
current employer: If an employee has received relevant training or
qualification for a particular occupational category or subcategory
through participation in an FRA-required training program completed by
an entity other than the employee's current employer, that training
shall satisfy the requirements of this part:
(1) Provided that:
(i) A current record of training is obtained from that other
entity; or
(ii) When a current record of training is unavailable from that
other entity, an employer performs testing to ensure the employee has
the knowledge necessary to be a member of that category or subcategory
of safety-related railroad employee. Testing shall include an oral or
written examination and demonstrating the ability to inspect, identify,
and initiate corrective action necessary for compliance with Federal
railroad safety laws, regulations, or orders, as well as any relevant
railroad rules and procedures promulgated to implement those Federal
railroad safety laws, regulations, or orders. A designated instructor
must make the final determination as to whether the employee has the
knowledge, skills, and abilities to become a member of an occupational
category; and
(2) When the employee, in the previous 180 days, has either not
performed the safety-related duties or not received initial or periodic
training for an occupational category or subcategory, the employer
shall perform testing to ensure the employee has retained the knowledge
necessary to remain a member of that occupational category or
subcategory. In the situation where an employee's records are
unavailable and the employee is subject to testing under paragraph
(d)(1)(ii) of this section, no additional testing is required.
(e) Refresher training requirements and options:
(1) Each Class I railroad, and each intercity or commuter passenger
railroad conducting operations subject to this part with 400,000 total
employee work hours annually or more, shall deliver refresher training
at an interval not to exceed three calendar years from the date of an
employee's last training event, except where refresher training is
specifically required more frequently in accordance with this chapter.
If the last training event occurs, or occurred, before FRA's approval
of the employer's training program, the employer shall provide
refresher training either within three calendar years from that prior
training event or, for each such employer conducting operations as of
January 1, 2022, no later than December 31, 2024.
(2) Each employer conducting operations subject to this part not
covered by paragraph (e)(1) of this section shall deliver refresher
training at
[[Page 27866]]
an interval not to exceed three calendar years from the date of an
employee's last training event, except where refresher training is
specifically required more frequently in accordance with this chapter.
If the last training event occurs, or occurred, before FRA's approval
of the employer's training program, the employer shall provide
refresher training either within three calendar years from that prior
training event or, for each such employer conducting operations as of
May 1, 2023, no later than December 31, 2026.
(3) Each employer shall ensure that refresher training includes
formal training if the employee did not previously receive formal
training on the application of any specific Federal railroad safety
law, regulation, or order the employee is required to comply with, as
well as any relevant railroad rules and procedures promulgated to
implement those specific Federal railroad safety laws, regulations, and
orders.
(4) Each employer shall ensure that refresher training for
employees charged with the inspection of track or railroad equipment
address identifying defective conditions and how to initiate immediate
remedial action to correct critical safety defects that are known to
contribute to derailments, accidents, incidents, or injuries.
(5) Each employer shall ensure that refresher training includes
safety-related tasks that address skill gaps that the employer
identified in the workforce through efficiency testing, periodic
oversight, annual reviews, accident/incident data, FRA inspection data,
or other performance measuring metrics.
(6) Except for refresher training required by paragraph (e)(3) of
this section, an employer may offer each employee a single test out
option for any occupational category or subcategory that, if passed,
will be considered an acceptable substitute for refresher training. If
the employee does not pass this single test on the first attempt, the
employer may not offer the employee additional attempts to test out for
the occupational category or subcategory tested and the employer must
provide refresher training to the employee in compliance with paragraph
(e) of this section. Each test out option must:
(i) Be designed to determine whether an employee has the critical
knowledge and skills to continue to be designated to perform safety-
related service in that occupational category or subcategory, whether
by craft, class, task, or other suitable terminology;
(ii) Meet the equivalent standards required for such assessment
testing under formal training in that occupational category or
subcategory; and
(iii) Be recorded under Sec. 243.203 of this part.
(f) Except for the single test out option in paragraph (e)(6) of
this section, an employer must consider ways to provide remedial
training and retesting of any employee who fails to successfully pass
any training or testing. Under this part, a failure of any test or
training does not bar the person from successfully completing the
training or testing at a later date.
0
13. Section 243.203 is amended by revising paragraphs (b)(2) and (6),
and (c) to read as follows:
Sec. 243.203 Records.
* * * * *
(b) * * *
(2) Occupational category or subcategory designations, or other
suitable designations, for which the employee is deemed qualified;
* * * * *
(6) The employee's OJT performance, which shall include the unique
name or identifier of the OJT program component in accordance with
Sec. 243.103, the date the OJT program component was successfully
completed, and the identification of the designated instructor(s)
determining that the employee successfully completed all OJT training
necessary to be considered qualified to perform the safety-related
tasks identified with the occupational categories or subcategories, or
other suitable terminology, for which the employee is designated in
accordance with the program required by this part;
* * * * *
(c) Record accessibility for other than individual employee
records. Except for records demonstrating the qualification status of
each safety-related railroad employee as described in paragraph (b) of
this section or otherwise specified in this part, each annual review
required by this part shall be accessible for three calendar years
after the end of the calendar year to which the annual review relates,
and each test, inspection, or other event record required by this part
shall be accessible for one calendar year after the end of the calendar
year to which the event relates. Each employer shall make these records
accessible at one headquarters location within the United States,
including, but not limited to, a railroad's system headquarters, a
holding company's headquarters, a joint venture's headquarters, a
contractor's principal place of business or other headquarters located
where the contractor is incorporated. This requirement does not
prohibit an employer with divisions from also maintaining any of these
records at any division headquarters.
* * * * *
0
14. Section 243.205 is amended by revising paragraphs (a), (c)
introductory text, (e)(1), (g) introductory text, (h), and (i) to read
as follows:
Sec. 243.205 Periodic oversight.
(a) General. As part of the program required in accordance with
this part, an employer shall adopt and comply with a program to conduct
periodic oversight tests or inspections to determine if safety-related
railroad employees comply with Federal railroad safety laws,
regulations, and orders particular to FRA-regulated personal and work
group safety. The program of periodic oversight shall commence on the
day the employer files its program with FRA pursuant to Sec.
243.101(a) or on the day the employer commences operations pursuant to
Sec. 243.101(b). The data gathered through the testing or inspection
components of the program shall be used to determine whether systemic
performance gaps exist, and to determine if modifications to the
training component of the program are appropriate to close those gaps.
* * * * *
(c) Railroad oversight. Each railroad shall identify supervisory
employees, by category or subcategory, responsible for conducting
periodic oversight tests or inspections for the safety-related railroad
employees that it authorizes to perform safety-related duties on its
property, except a railroad is not required to:
* * * * *
(e) * * *
(1) When oversight test or inspection sessions are scheduled
specifically to determine if safety-related employees are in compliance
with Federal railroad safety laws, regulations, and orders particular
to FRA-regulated personal and work group safety; or
* * * * *
(g) Contractor oversight. Each contractor shall conduct periodic
oversight tests or inspections of its safety-related railroad employees
provided:
* * * * *
(h) Oversight divided by written agreement. (1) Notwithstanding the
requirements of paragraphs (c) and (g) of this section, a railroad and
a contractor may agree in writing that the contractor will provide the
oversight by specifying in the program that the railroad has trained
the contractor employees responsible for training and oversight; or
[[Page 27867]]
(2) Notwithstanding the requirements of this section that assign
specific periodic oversight responsibilities to a railroad or a
contractor, a railroad and a contractor may agree to a different
periodic oversight responsibility arrangement in writing.
(i) Detailed records required. Each employer that conducts periodic
oversight in accordance with this section must keep a record of the
date, time, place, and result of each test or inspection. The records
shall specify each person administering tests or inspections, and each
person tested. The record shall also provide a method to record whether
the employee complied with the monitored duties, and any interventions
used to remediate non-compliance. Modifications of the program required
by Sec. 217.9 of this chapter may be used in lieu of this oversight
program, provided a railroad specifies it has done so in its program
submitted in accordance with this part.
* * * * *
Issued in Washington, DC.
David A. Fink,
Administrator.
[FR Doc. 2026-09790 Filed 5-14-26; 8:45 am]
BILLING CODE 4910-06-P
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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.