Rule2026-11270
Rail Transit Roadway Worker Protection
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
June 4, 2026
Effective
July 6, 2026
Issuing agencies
Transportation DepartmentFederal Transit Administration
Abstract
The Federal Transit Administration (FTA) is publishing a final rule amending the Rail Transit Roadway Worker Protection (RWP) regulation. This final rule extends the time period for State Safety Oversight Agencies (SSOA) to report RWP programs to FTA and allows SSOAs to complete annual audits simultaneously with other required audits.
Full Text
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<title>Federal Register, Volume 91 Issue 107 (Thursday, June 4, 2026)</title>
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[Federal Register Volume 91, Number 107 (Thursday, June 4, 2026)]
[Rules and Regulations]
[Pages 33653-33656]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11270]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
49 CFR Part 671
[Docket No. FTA-2025-0008]
RIN 2132-AB57
Rail Transit Roadway Worker Protection
AGENCY: Federal Transit Administration (FTA), U.S. Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The Federal Transit Administration (FTA) is publishing a final
rule amending the Rail Transit Roadway Worker Protection (RWP)
regulation. This final rule extends the time period for State Safety
Oversight Agencies (SSOA) to report RWP programs to FTA and allows
SSOAs to complete annual audits simultaneously with other required
audits.
DATES: This rule is effective July 6, 2026.
FOR FURTHER INFORMATION CONTACT: For program matters, contact Jeremy
Furrer, Office of Transit Safety and Oversight, FTA, telephone at (202)
366-8929 or <a href="/cdn-cgi/l/email-protection#365c5344535b4f185043444453447652594218515940"><span class="__cf_email__" data-cfemail="c1aba4b3a4acb8efa7b4b3b3a4b381a5aeb5efa6aeb7">[email protected]</span></a>. For legal matters, contact Heather
Ueyama, Attorney-Advisor, FTA, telephone at 202-366-7374 or
<a href="/cdn-cgi/l/email-protection#cea6abafbaa6abbce0bbabb7afa3af8eaaa1bae0a9a1b8"><span class="__cf_email__" data-cfemail="741c1115001c11065a01110d15191534101b005a131b02">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Summary
II. Statutory Authority
III. Section-by-Section Analysis
IV. Notice of Proposed Rulemaking and Response to Comments
A. Section 671.25(a)(2)--Submission of RWP Program Information
B. Section 671.25(c)(1)--Annual RWP Audit
V. Regulatory Analyses and Notices
I. Executive Summary
This final rule amends the RWP regulation at 49 CFR part 671 to
reduce regulatory burden and align with industry practice. The final
rule amends Sec. 671.25(a)(2) to allow SSOAs to submit RWP program
information to FTA with their annual report. The rule amends Sec.
671.25(c)(1) to align with industry practice by allowing SSOAs to
conduct the required annual audit of a rail transit agency's (RTA) RWP
program in conjunction with other required reviews or audits. In
addition, the final rule incorporates a technical correction in Sec.
671.41(c)(9) to revise an incorrect cross-reference.
II. Statutory Authority
Congress directed FTA to establish a Public Transportation Safety
Program in the Moving Ahead for Progress in the 21st Century Act (Pub.
L. 112-141) (MAP-21), which was reauthorized by the Fixing America's
Surface Transportation Act (FAST Act) (Pub. L. 114-94) and the
Infrastructure Investment and Jobs Act (Pub. L. 117-58). FTA is
authorized to regulate public transportation systems that receive
Federal financial assistance under Chapter 53 of Title 49, United
States Code (U.S.C.). FTA's safety program is authorized by 49 U.S.C.
5329.
Under 49 U.S.C. 5329(f)(7) FTA is authorized to issue rules to
carry out the Public Transportation Safety Program, and 49 U.S.C.
5329(b)(2) directs FTA to develop and implement a National Public
Transportation Safety Plan (National Safety Plan) that includes minimum
safety standards to ensure the safe operation of public transportation
[[Page 33654]]
systems. While FTA has previously published a National Safety Plan
document that includes only voluntary standards, 49 U.S.C. 5329(f)
provides FTA with the discretion and authority to issue mandatory
minimum standards to ensure the safe operation of public transportation
systems. Accordingly, on October 31, 2024, FTA promulgated the RWP
final rule, codified at 49 CFR part 671, which established minimum
safety standards for rail transit RWP to ensure the safe operation of
public transportation systems and to prevent safety events, fatalities,
and injuries to transit workers who may access the roadway in the
performance of work (89 FR 87166).
III. Section-by-Section Analysis
To reduce regulatory burden, FTA is modifying 49 CFR 671.25(a)(2)
to allow SSOAs to submit RWP program information to FTA with their
annual report. Previously, section 671.25(a)(2) required SSOAs to
submit each RTA's RWP program to FTA within 30 calendar days of
approval. In reply to FTA's notice of proposed rulemaking (NPRM)
published March 25, 2024, FTA received comments from SSOAs recommending
FTA add the RWP program submission requirement to the annual reporting
process.\1\ In the October 2024 RWP final rule, FTA declined to extend
the 30-day submission period responsive to the comments. However, since
administering this program, FTA has recognized the 30-day submission
requirement is burdensome for SSOAs.
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\1\ FTA received comments from the Texas Department of
Transportation (Comment ID No. FTA-2023-0024-5680), the Pennsylvania
Department of Transportation (Comment ID No. FTA-2023-0024-7147),
and the Transit Safety Oversight Association (Comment ID No. FTA-
2023-0024-7174).
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FTA also amends 49 CFR 671.25(c)(1) to align with industry
practice. In section 671.25(c)(1), FTA previously required SSOAs to
conduct an annual audit of the RTA's compliance with its RWP program.
FTA explained in the preamble to the October 2024 RWP final rule (89 FR
87192) that SSOAs are allowed to combine audits ``[t]o avoid
redundancy,'' so long as the review meets ``the RWP program audit
requirements specified at Sec. 671.25(c).'' See also 89 FR 87211.
Furthermore, in reply to a DOT-wide Request for Information seeking
public comments on reducing regulatory burden (90 FR 14593), FTA
received a comment from the American Public Transportation Association
asking FTA to consider modifying Sec. 671.25(c) based on existing
audit practice and address the undue burden of completing non-
simultaneous audits (Docket No. DOT-OST-2025-0026). FTA is modifying
Sec. 671.25(c)(1) to ensure this authorization is included in the
regulatory text.
FTA also amends Sec. 671.41(c)(9) to remove an incorrect cross-
reference to Sec. 671.37 (Good faith safety challenge) and replace it
with a cross-reference to Sec. 671.39 (Risk-based redundant
protections). This correction is consistent with the original intent of
the section and with FTA practice.
Based on the foregoing, and to ensure consistency with
Administration priorities, including Executive Order 14192
(``Unleashing Prosperity Through Deregulation''), FTA is implementing
this deregulatory action to reduce the regulatory burden on RTAs and
SSOAs.
IV. Notice of Proposed Rulemaking and Response to Comments
On July 1, 2025, FTA issued an NPRM for Rail Transit Roadway Worker
Protection (RWP) to seek comments on proposed changes to Sec. Sec.
671.25(a)(2) and (c)(1). (90 FR 28695). The public comment period for
the NPRM closed on July 31, 2025. FTA received four comment submissions
to the rulemaking docket. Commenters included one State, two industry
associations, and one individual. Some comments within these
submissions were outside the scope of this rulemaking, and FTA does not
respond to comments in this final rule that were outside the scope. FTA
thanks the industry associations that provided these comments and will
take them into consideration for the future. FTA reviewed all relevant
comments and took them into consideration. Below, the NPRM comments and
FTA's responses are subdivided by their corresponding sections of the
rule and subject matter.
A. Section 671.25(a)(2)--Submission of RWP Program Information
Comments: One industry association, one SSOA, and one individual
expressed support for FTA's proposed modification to Sec.
671.25(a)(2), which would allow SSOAs to submit RWP program
documentation for each RTA in its jurisdiction to FTA annually with the
SSOA's annual report. The industry association also recommended FTA
revise the proposed language in Sec. 671.25(a)(2) from ``with the
annual report required by 49 CFR 674.39'' to ``as part of the annual
report required by 49 CFR 674.39.'' It argued this would explicitly
connect the RWP program submission requirement with the existing SSOA
annual reporting requirement under 49 CFR 674.39.
FTA Response: FTA appreciates the support for its proposal. FTA
also appreciates the industry association's recommended revision but
declines to adopt the suggestion. The rule language, as proposed,
sufficiently and clearly conveys the connection between the RWP program
submission and the SSOA annual report.
B. Section 671.25(c)(1)--Annual RWP Audit
Comments: Two industry associations, one SSOA, and one individual
provided comments expressing support for FTA's proposed modification to
Sec. 671.25(c)(1), which would allow agencies to conduct the annual
RWP program audit in conjunction with the review and approval of an
RTA's Agency Safety Plan or other review or audit.
One of the industry associations further suggested revising FTA's
proposed language in Sec. 671.25(c)(1) to state that SSOAs may conduct
the RWP program audit in conjunction with the triennial audit required
by 49 CFR 674.31. The commenter argued that this approach would ensure
there are no duplicative audit reports and would be more effective and
efficient.
FTA Response: FTA appreciates the comments supporting FTA's
proposal. However, FTA disagrees with the industry association
commenter's suggested revision. Under the proposed Sec. 671.25(c)(1),
the SSOA has the flexibility to incorporate the annual RWP audit into
the review and approval of the RTA's Agency Safety Plan ``or any other
review or audit,'' including the triennial audit required under part
674. An explicit reference to the triennial audit is, therefore,
unnecessary. Due to the safety risk inherent with roadway work, FTA
maintains the requirement for an annual RWP program audit. Annual
audits ensure that the SSOA is involved and actively informed regarding
the RTA's RWP program performance and provides a consistent and
independent mechanism to verify that programs are being properly
implemented and are achieving their intended safety outcomes. Thus,
while an SSOA may incorporate the audit of the RWP program into an
existing triennial audit of the RTA, it must conduct an RWP program
audit on an annual basis.
V. Regulatory Analyses and Notices
Executive Orders 12866 and 13562 (Regulatory Review)
Executive Order (E.O.) 12866 (``Regulatory Planning and Review''),
as supplemented by E.O. 13563
[[Page 33655]]
(``Improving Regulation and Regulatory Review''), directs Federal
agencies to assess the benefits and costs of regulations and to select
regulatory approaches that maximize net benefits when possible. It also
directs the Office of Management and Budget (OMB) to review significant
regulatory actions, including regulations with annual economic effects
of $100 million or more. OMB has determined the rule is not significant
within the meaning of E.O. 12866 and has not reviewed the rule under
that order.
The final rule allows SSOAs to conduct their annual audits of RTA
RWP programs simultaneously with other reviews. SSOAs could conduct the
audits simultaneously with annual or triennial ASP reviews, for
example, if the reviews meet RWP program audit requirements. The final
rule also allows SSOAs to submit RWP program information with their
annual reports rather than within 30 calendar days of approval.
The final rule will result in cost savings for SSOAs and RTAs by
streamlining auditing requirements. The rule will affect 31 SSOAs and
64 RTAs in operation as of May 30, 2025. In 2024, FTA estimated that
SSOAs would spend 40 hours auditing each RTA RWP program, for a total
of 2,560 hours per year. FTA estimates that allowing SSOAs to conduct
the audits with other reviews will reduce the time needed from 40 hours
to 20 hours, or 1,280 hours total. Allowing SSOAs to submit RWP program
information with annual reports could result in additional cost savings
as well.
To estimate cost savings, FTA used May 2024 occupational wage data
from the Bureau of Labor Statistics, the latest available as of May
2025, in the ``Transit and Ground Passenger Transportation'' industry
(North American Industry Classification System code 485000).\2\ To
estimate the wages of agency staff completing the auditing
requirements, FTA used the ``General and Operations Managers'' job
category (code 11-1021). FTA used median hourly wages ($42.45) as a
basis for the estimates, multiplying the wages by 1.62 ($42.45 x 1.62 =
$68.69) to account for employer benefits.\3\
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\2\ Bureau of Labor Statistics, ``May 2024 National Occupational
Employment and Wage Estimates: United States: NAICS 485000--Transit
and Ground Passenger Transportation'' (2025), available at <a href="https://data.bls.gov/oes/#/industry/485000">https://data.bls.gov/oes/#/industry/485000</a>.
\3\ Multiplier derived using Bureau of Labor Statistics data on
employer costs for employee compensation in December 2024 (<a href="https://www.bls.gov/news.release/ecec.htm">https://www.bls.gov/news.release/ecec.htm</a>). Employer costs for State and
local government workers averaged $63.46 an hour, with $39.22 for
wages and $24.23 for benefit costs. To estimate full costs from
wages, one would use a multiplier of $63.46/$39.22, or 1.62.
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Over the next ten years, the rule will result in annual cost
savings of $87,000 (1,280 hours x $68.69) in undiscounted 2024 dollars,
$73,000 at a three percent discount rate, and $58,000 at a seven
percent discount rate, discounted to 2024.
Executive Order 14192 (Deregulatory Action)
E.O. 14192 (``Unleashing Prosperity Through Deregulation'')
requires that for ``each new [E.O. 14192 regulatory action] issued, at
least ten prior regulations be identified for elimination.''
Implementation Guidance for E.O. 14192, issued by OMB (Memorandum M-25-
20, March 25, 2025) defines an E.O. 14192 deregulatory action as ``an
action that has been finalized and has total costs less than zero.''
This final rule is an E.O. 14192 deregulatory action with total costs
less than zero.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires Federal agencies to assess the impact of a regulation on small
entities unless the agency determines that the regulation is not
expected to have a significant economic impact on a substantial number
of small entities.
The rule will streamline auditing and reporting requirements for
SSOAs and RTAs. Under the Regulatory Flexibility Act, public-sector
organizations and local governments qualify as small entities if they
serve a population of less than 50,000. RTAs do not qualify as small
entities because they all operate in urbanized areas with populations
of more than 50,000, and SSOAs do not qualify because they are State
agencies. This rule will have a small cost saving impact due to
streamlining auditing and reporting requirements for SSOAs and RTAs.
FTA has determined the final rule will not have a significant effect on
a substantial number of small entities.
Unfunded Mandates Reform Act of 1995
FTA has determined that this rule will not impose unfunded
mandates, as defined by the Unfunded Mandates Reform Act of 1995 (Pub.
L. 104-4). This rule does not include a Federal mandate that may result
in expenditures of $100 million or more in any one year, adjusted for
inflation, by State, local, and Tribal governments in the aggregate or
by the private sector.
Executive Order 13132 (Federalism Assessment)
E.O. 13132 (``Federalism'') requires agencies to assure meaningful
and timely input by State and local officials in the development of
regulatory policies that may have a substantial direct effect on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. This action has been analyzed in
accordance with the principles and criteria contained in E.O. 13132,
and FTA determined this action will not have a substantial direct
effect or sufficient federalism implications on the States. FTA also
determined this action will not preempt any State law or regulation or
affect the States' ability to discharge traditional State governmental
functions.
Paperwork Reduction Act
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501, et seq.) (PRA), and the White House Office of Management and
Budget's (OMB) implementing regulation at 5 CFR 1320.8(d), FTA will not
seek a revision to an approved OMB information collection 2132-0584 as
there is no change in burden or cost associated with this new
regulatory action.
National Environmental Policy Act
The Department has analyzed the environmental impacts of this
rulemaking pursuant to the National Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321 et seq.). FTA has determined that this rule is
categorically excluded pursuant to 23 CFR 771.118(c)(4). Categorical
exclusions are categories of actions that the agency has determined
normally do not significantly affect the quality of the human
environment and, therefore, do not require either an environmental
assessment (EA) or environmental impact statement (EIS). See DOT Order
5610.1D Sec. 9. In analyzing the applicability of a categorical
exclusion, the agency must also consider whether extraordinary
circumstances are present that would warrant the preparation of an EA
or EIS. Id. Sec. 9(b). This rulemaking, which extends the time period
for State Safety Oversight Agencies (SSOA) to report RWP programs to
FTA and allows SSOAs to complete annual audits simultaneously with
other required audits, is categorically excluded pursuant to 23 CFR
771.118(c)(4): ``[p]lanning and administrative activities not involving
[[Page 33656]]
or leading directly to construction, such as: promulgation of rules,
regulations, directives, or program guidance.'' FTA does not anticipate
any environmental impacts, and there are no extraordinary circumstances
present in connection with this rulemaking.
Executive Order 13175 (Tribal Consultation)
FTA has analyzed this rule under E.O. 13175 (``Consultation and
Coordination with Indian Tribal Governments'') and believes that it
will not have substantial direct effects on one or more Indian Tribes;
will not impose substantial direct compliance costs on Indian Tribal
governments; and will not preempt Tribal laws. Therefore, a Tribal
summary impact statement is not required.
Executive Order 13211 (Energy Effects)
FTA has analyzed this action under E.O. 13211 (``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use''). FTA has determined that this action is not a significant energy
action under that order and is not likely to have a significant adverse
effect on the supply, distribution, or use of energy. Therefore, a
Statement of Energy Effects is not required.
Privacy Act
Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review U.S. Department of
Transportation's complete Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477).
Regulation Identifier Number (RIN)
A Regulation Identifier Number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document can be used to cross-reference this rule with the
Unified Agenda.
List of Subjects in 49 CFR Part 671
Mass transportation, Reporting and recordkeeping requirements,
Safety, Transportation.
For the reasons stated in the preamble, FTA amends title 49 CFR
part 671, as set forth below:
PART 671--RAIL TRANSIT ROADWAY WORKER PROTECTION
0
1. The authority citation for part 671 continues to read as follows:
Authority: 49 U.S.C. 5329, 49 CFR 1.91.
0
2. Amend Sec. 671.25 by revising paragraphs (a)(2) and (c)(1) to read
as follows:
Sec. 671.25 State safety oversight agency.
(a) * * *
(2) The SSOA must submit the current approved RWP program for each
RTA in its jurisdiction to FTA annually with the annual report required
by 49 CFR 674.39.
* * * * *
(c) * * *
(1) The SSOA must conduct an annual audit of the RTA's compliance
with its RWP program, including all required RWP program elements, for
each RTA that it oversees. This review may be conducted in conjunction
with the review and approval of the RTA's Public Transportation Agency
Safety Plan or any other review or audit.
* * * * *
0
3. Amend Sec. 671.41 by revising paragraph (c)(9) to read as follows:
Sec. 671.41 RWP training and qualification program.
* * * * *
(c) * * *
(9) Rules and procedures for redundant protections identified under
Sec. 671.39 and how they are applied to RWP; and
* * * * *
Issued in Washington, DC, under authority delegated in 49 CFR
1.91.
Jamie Pfister,
Acting Executive Director.
[FR Doc. 2026-11270 Filed 6-3-26; 8:45 am]
BILLING CODE 4910-57-P
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