[Federal Register Volume 89, Number 157 (Wednesday, August 14, 2024)]
[Rules and Regulations]
[Pages 65999-66010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18097]


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

DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

49 CFR Part 672

[Docket No. FTA-2023-0025]
RIN 2132-AB43


Public Transportation Safety Certification Training Program

AGENCY: Federal Transit Administration (FTA), U.S. Department of 
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: The Federal Transit Administration (FTA) is publishing a final 
rule for the Public Transportation Safety Certification Training 
Program (PTSCTP). This final rule clarifies voluntary PTSCTP 
participation and sets administrative requirements for communication 
processes between FTA and FTA recipients subject to the requirements of 
this rule. This final rule also adds new definitions and revises 
existing definitions to coordinate and align with other FTA programs 
and safety rulemakings.

DATES: The effective date of this final rule is November 1, 2024.

ADDRESSES: FTA's Office of Transit Safety and Oversight (TSO) will host 
a webinar to discuss the requirements of the PTSCTP final rule.
    Please visit https://www.transit.dot.gov/regulations-and-guidance/safety/safety-training to register for webinars and for information 
about future webinars. FTA is committed to providing equal access for 
all webinar participants. If you need alternative formats, options, or 
services, contact [email protected] at least three business days 
prior to the event. If you have any questions, please email [email protected].

FOR FURTHER INFORMATION CONTACT: For program matters, contact Jeremy 
Furrer, Office of Transit Safety and Oversight (TSO), (202) 366-8929 or 
[email protected]. For legal matters, contact Mark Montgomery, 
Office of Chief Counsel, (202) 366-1017 or [email protected].
    Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday, 
except Federal holidays.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Executive Summary
    A. Statutory Authority
    B. Summary of Key Provisions
    C. Benefits and Costs
II. Notice of Proposed Rulemaking and Response to Comments
    A. Section 672.3--Scope and Applicability
    B. Section 672.5--Definitions
    C. Section 672.11--State Safety Oversight Agency Employees and 
Contractors Who Conduct Reviews, Inspections, Examinations, and 
Other Safety Oversight Activities of Rail Fixed Guideway Public 
Transportation Systems
    D. Section 672.13--Rail Transit Agency Employees and Contractors 
Who Are Directly Responsible for the Safety Oversight or a Rail 
Fixed Guideway Public Transportation System
    E. Section 672.17--Voluntary Participants
    F. Section 672.21--Records
III. Section-by-Section Analysis
IV. Regulatory Analyses and Notices

I. Executive Summary

    This final rule amends the PTSCTP regulation at 49 CFR part 672 
with new administrative requirements for recipients that are subject to 
the requirements of the rule. The final rule maintains the existing 
minimum training requirements for State Safety Oversight Agency (SSOA) 
employees and contractors who conduct reviews, inspections, 
examinations, and other safety oversight activities of public 
transportation systems and employees and contractors who are directly 
responsible for the safety oversight of a rail fixed guideway public 
transportation system.

A. Statutory Authority

    Congress directed FTA to establish a comprehensive Public 
Transportation Safety Program, one element of which is the requirement 
for a PTSCTP in the Moving Ahead for Progress in the 21st Century Act 
(MAP-21) (Pub. L. 112-141), which was reauthorized by the Fixing 
America's Surface Transportation Act (FAST Act) (Pub. L. 114-94). To 
implement the requirements of 49 U.S.C. 5329(d), FTA issued a final 
rule on July 19, 2018, that added part 672, ``Public Transportation 
Safety Certification Training Program,'' to title 49 of the Code of 
Federal Regulations (83 FR 34053). Subsequently, the Bipartisan 
Infrastructure Law, enacted as the Infrastructure Investment and Jobs 
Act (Pub. L. 117-58), established new requirements for FTA's Public 
Transportation Safety Program that will be addressed in the PTSCTP 
curriculum.

B. Summary of Key Provisions

    This final rule implements discretionary updates, including:
     Addition of new definitions and revisions of existing 
definitions that do not change existing requirements and that were 
added to provide clarity and consistency across FTA programs and 
rulemakings.
     Requirement for SSOAs and rail transit agencies to 
establish a point of contact for communication with FTA regarding 
PTSCTP participation and enrollment.
     Requirement for SSOA and rail transit agency points of 
contact to provide semiannual reports to FTA regarding the status of 
their participants and agency-defined recertification training.
     Clarification of voluntary participation in the PTSCTP.
     Removal of Appendix A to allow flexibility in PTSCTP 
curriculum revision.
    In response to comments, FTA revised the term ``refresher 
training'' to ``recertification training'' in the final rule to clarify 
the applicability of the training required to maintain PTSCTP 
certification. Recertification requirements only apply to the 
``designated personnel'' identified in Sec.  672.11(a) and Sec.  
672.13(a).

C. Benefits and Costs

    The final rule adds administrative and training requirements for 
SSOAs and rail transit agencies subject to the PTSCTP. The rule would 
lead to increased compliance with PTSCTP

[[Page 66000]]

requirements and cost savings for FTA staff; it would also result in 
increased costs for SSOAs and rail transit agencies. Table 1 summarizes 
the economic effects of the final rule over the first ten years from 
2024 to 2033 in 2022 dollars. On an annualized basis, the rule would 
have net costs of $318,000 at a 2 percent discount rate, $321,000 at a 
3 percent rate, and $334,000 at a 7 percent rate, discounted to 2024.

                                 Table 1--Summary of Economic Effects, 2024-2033
                                       [2022 Dollars, discounted to 2023]
----------------------------------------------------------------------------------------------------------------
                          Item                            Annualized (2%)    Annualized (3%)    Annualized (7%)
----------------------------------------------------------------------------------------------------------------
Benefits:
    Cost savings for FTA staff.........................             $6,022             $6,081             $6,317
Costs:
    Staff enrollment...................................             70,574             71,266             74,034
    Point of contact identification....................             11,762             11,878             12,339
    Point of contact responsibilities..................            130,903            132,187            137,320
    Semi-annual reporting..............................             23,525             23,755             24,678
    Refresher training.................................             87,316             88,172             91,596
                                                        --------------------------------------------------------
        Total costs....................................            324,080            327,258            339,967
                                                        --------------------------------------------------------
            Net costs..................................            318,059            321,177            333,650
----------------------------------------------------------------------------------------------------------------

II. Notice of Proposed Rulemaking and Response to Comments

    FTA issued a notice of proposed rulemaking (NPRM) for the PTSCTP on 
October 26, 2023 (88 FR 73573).\1\ The public comment period for the 
NPRM closed on December 26, 2023. FTA received 15 comment submissions 
to the rulemaking docket. Commenters included States, transit agencies, 
industry associations, individuals, and a nonprofit organization. FTA 
has considered these comments and addresses them in the corresponding 
sections below. Some comments were outside the scope of this 
rulemaking, and FTA does not respond to comments in this final rule 
that were outside the scope.
---------------------------------------------------------------------------

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

    FTA reviewed all relevant comments and took them into consideration 
when developing the final rule. Below, the NPRM comments and responses 
are subdivided by the corresponding sections of the proposed rule and 
subject matter.

A. Section 672.3--Scope and Applicability

1. General
    Comments: Several commenters offered comments related to the PTSCTP 
curriculum. One nonprofit organization stated that given current safety 
concerns, the PTSCTP training curriculum is still relevant. One 
individual encouraged FTA to ensure training availability is 
appropriate to meet the industry's demand, given the rate of turnover 
within agencies. A transit agency and one individual requested that the 
Transportation Safety Institute (TSI) course Transit Safety and 
Security Audits be added to the PTSCTP training curriculum for rail 
transit agencies and SSOAs, arguing that audits and reviews are 
activities required by FTA and that it is critical for safety 
professionals to be trained and qualified to perform audit/review/
inspections activities. An industry association requested that FTA 
provide a timeline for any changes to the PTSCTP training curriculum to 
provide time for transit agencies to address any changes.
    Other commenters requested broad changes to the PTSCTP 
requirements. One nonprofit organization requested that FTA require all 
designated personnel to complete the entire curriculum annually. An 
industry association requested that FTA merge the PTSCTP and the 
Transit Safety and Security Program (TSSP) into one certification 
program.
    Response: FTA appreciates the commenter who confirmed the continued 
relevance of the PTSCTP curriculum. FTA acknowledges the two commenters 
that suggested the addition of specific courses to the required PTSCTP 
curriculum. FTA appreciates the feedback regarding the importance of 
auditing and review skills for certain SSOA and transit agency 
personnel. This final rule does not alter the existing PTSCTP 
curriculum. FTA notes that it has removed the required PTSCTP 
curriculum from the appendix of the regulation to afford FTA additional 
flexibility to address curriculum updates.
    FTA acknowledges the commenter that suggested FTA require all 
required participants to complete the entire PTSCTP curriculum 
annually. FTA believes that such a change would be overly burdensome 
for transit agencies and SSOAs by requiring designated individuals to 
complete over 140 hours of PTSCTP training annually. FTA declines to 
implement this change and confirms that this final rule requires 
designated individuals to complete the PTSCTP curriculum within three 
years of designation to receive certification and to complete 
applicable recertification requirements every two years thereafter to 
maintain this certification.
    FTA acknowledges the comment requesting FTA merge the PTSCTP with 
the TSSP administered by the Transportation Safety Institute. FTA notes 
that the TSSP is outside the scope of this final rule. FTA notes that 
this final rule does not alter the existing PTSCTP curriculum. Further, 
FTA will coordinate with the industry in the future regarding any 
curriculum changes to ensure sufficient time to comply with 
requirements.
2. Bus Applicability
    In the NPRM, FTA did not propose extending mandatory PTSCTP 
applicability to the bus transit industry. However, FTA sought industry 
input on whether mandatory PTSCTP participation should extend to bus 
transit agencies and personnel. FTA received nine responses offering 
input on whether the requirements should extend to bus transit.
    Comments: Three commenters recommended extending the requirements 
to bus transit. A nonprofit organization argued it should be mandatory 
due to the number of bus

[[Page 66001]]

collisions. A labor union argued to extend PTSCTP requirements due to 
the nature of safety responsibilities and to ensure consistent safety 
standards across all modes of public transportation. A transit agency 
supported extending requirements to bus transit only if applicable 
``bus safety oversight personnel'' are narrowly defined and requested 
that FTA clarify the anticipated operational and financial impact on 
large bus transportation agencies compared with small and medium-sized 
bus agencies.
    Three commenters argued against extending PTSCTP requirements to 
bus transit. An individual argued against extending requirements to bus 
transit, citing challenges such as limited course availability and 
additional burden to bus agency resources. An industry association 
argued against expansion, noting limited course availability, limited 
bus agency resources, and a lack of oversight structure such as the 
State Safety Oversight (SSO) program in place for rail transit. A 
transit agency argued that bus agencies should monitor their own 
performance under the Public Transportation Agency Safety Plan (PTASP) 
requirements and determine if additional training is needed. The agency 
also argued that the additional burden would be too much given limited 
bus agency resources. This bus agency also raised concerns regarding 
applicability to contractors that support bus operations.
    Three commenters expressed neutral positions regarding expansion of 
PTSCTP requirements to bus transit. One SSOA recommended FTA seek input 
directly from bus transit stakeholders regarding the expansion of 
PTSCTP applicability beyond SSOAs and rail transit agencies. Two 
transit agencies did not express a clear position for or against 
expansion but noted that training availability would be a significant 
challenge. One of these transit agencies also noted that if 
applicability was expanded to bus transit, FTA may need to consider 
modifying the three-year requirement to allow ample time for bus 
personnel to take required courses.
    Response: FTA appreciates the feedback received regarding the 
expansion of PTSCTP applicability to bus transit. FTA will not expand 
the applicability of this regulation to the bus transit industry 
through this rulemaking. The final rule will apply only to those 
agencies, personnel, and contractors identified in Sec.  673.3(b). FTA 
will use this information to inform any future action related to PTSCTP 
applicability and associated requirements.

B. Section 672.5--Definitions

1. Directly Responsible for Safety Oversight
    Comments: One rail transit agency commented on the definition of 
``directly responsible for safety oversight,'' arguing that 
implementation of the agency safety plan (ASP) is a responsibility 
broadly shared throughout a transit agency and that without additional 
clarification, the number of affected individuals would be so large 
that agencies may choose to define those directly responsible for 
safety based on the practical limitations of training access.
    Response: FTA acknowledges the concern raised by the commenter. FTA 
agrees that a significant number of transit agency workers may have 
roles in which they carry out activities defined by the ASP and that 
safety is a shared responsibility. The use of the word 
``implementation'' in the definition of ``directly responsible for 
safety oversight'' is intended to include individuals whose primary job 
function is ensuring that the ASP is carried out. FTA notes that the 
definition is intended to identify transit agency workers with safety 
oversight roles. The definition is not intended to include every worker 
that may follow a policy defined in the ASP. FTA also notes that the 
definition in the final rule establishes minimum requirements, and as 
such, a transit agency may go beyond these when designating which 
individuals are directly responsible for safety oversight.
2. Rail Fixed Guideway Public Transportation System
    Comments: One transit agency asked FTA to clarify if the definition 
of ``rail fixed guideway transportation system'' would supersede the 
definition of this term in other regulations.
    Response: FTA appreciates the comment and the importance of 
definitional consistency across FTA programs. The definition in the 
final rule is consistent with other recent regulatory actions, 
including 49 CFR parts 673 and 674.
3. Safety Oversight Training
    Comments: One transit agency asked FTA to consider defining 
``safety oversight training.''
    Response: FTA has considered the commenter's suggestion to add a 
definition for safety oversight training. FTA notes that this final 
rule maintains the flexibility for transit agencies and SSOAs to 
identify the recertification training courses or activities their 
designated participants must complete for recertification. Further, FTA 
notes that the definition of ``directly responsible for safety 
oversight'' clarifies FTA's understanding of the safety oversight role, 
including ASP development and the SSOA requirements for rail transit 
agencies pursuant to 49 CFR part 674. FTA declines to add a separate 
definition for ``safety oversight training.''

C. Section 672.11--State Safety Oversight Agency Employees and 
Contractors Who Conduct Reviews, Inspections, Examinations, and Other 
Safety Oversight Activities of Rail Fixed Guideway Public 
Transportation Systems

1. General
    Comments: A nonprofit organization supported the requirement for 
SSOAs to identify their designated personnel and to ensure they are 
enrolled in the PTSCTP within 30 days of designation.
    Response: FTA appreciates the commenter's support for the proposed 
requirement.
2. PTSCTP Recertification
    Comments: One SSOA expressed concern with the addition of a 
refresher training element defined by FTA and recommended that FTA 
provide additional details on what the PTSCTP refresher training 
element would include. This commenter encouraged FTA to coordinate with 
SSOAs and other professional organizations in the development of this 
refresher training element.
    Response: As noted in response to comments on Sec.  672.17 
(Voluntary Participants), FTA has revised the term ``refresher 
training'' to ``recertification training.'' FTA has not yet developed 
specific PTSCTP recertification training for SSOA personnel beyond the 
requirement at Sec.  673.11(d)(2). FTA appreciates the commenter's 
suggestion and notes that it will consider multiple forms of input to 
support FTA's development of required recertification training, 
including input from SSOAs.

D. Section 672.13--Rail Transit Agency Employees and Contractors Who 
Are Directly Responsible for the Safety Oversight of a Rail Fixed 
Guideway Public Transportation System

1. Designated Personnel
    Comments: One labor union requested FTA to consider extending the 
applicability of the final rule to agency personnel that serve on the 
Safety Committee required by the PTASP Regulation (49 CFR part 673).
    Response: PTSCTP participation is mandatory for rail transit agency

[[Page 66002]]

employees and contractors whose primary job function includes safety 
oversight, including the development, implementation and review of the 
ASP, and/or the SSOA requirements for the rail fixed guideway public 
transportation system pursuant to 49 CFR part 674. A rail transit 
agency may determine that certain individuals who serve on a rail 
transit agency's Safety Committee meet this description and may 
designate them as mandatory PTSCTP participants. However, FTA notes 
that individuals whose primary job function is not safety oversight may 
serve on the Safety Committee and, as such may not be designated by the 
transit agency. Further, FTA intends to develop and facilitate 
additional technical assistance and training focused on Safety 
Committee requirements and member roles and responsibilities.
2. PTSCTP Recertification
    Comments: One transit agency and one industry association opposed 
the addition of a refresher training element defined by FTA without FTA 
providing additional details on what the refresher training element 
would include. Another transit agency requested FTA define the 
refresher training element identified by FTA in the final rule and 
requested FTA provide more information on the refresher training 
element, including the length of the training and how the training 
would be delivered. One transit agency requested that FTA continue to 
allow agencies to determine their own refresher training requirements 
that are most relevant to their own unique operating environments and 
characteristics.
    One industry association requested FTA specify courses that are 
acceptable to meet the PTSCTP refresher training requirement. One 
transit agency requested FTA clarify the consequences of a participant 
not completing refresher training by the required completion date.
    Response: FTA acknowledges the concerns commenters raised regarding 
the final rule's requirement for a refresher training element defined 
by FTA. As noted in response to comments on Sec.  672.17 (Voluntary 
Participants), FTA has revised the term ``refresher training'' to 
``recertification training.'' FTA has not yet defined a recertification 
element for rail transit agencies beyond the requirement at Sec.  
672.13(d)(2). FTA-defined recertification training may provide agencies 
with relevant updates regarding FTA regulations, notices, directives, 
and best practices, and will be delivered in a format designed to 
minimize burden on the industry.
    FTA appreciates the comment that agencies should be able to 
identify refresher training requirements that best suit their needs. 
The final rule maintains this requirement for recertification in 
Sec. Sec.  672.11(d)(2) and 672.13(d)(2) while adding an additional 
recertification element identified by FTA.
    FTA acknowledges the comment that requested FTA specify the courses 
or activities that meet the refresher training requirement established 
under the final rule at Sec. Sec.  672.11(d)(2) and 672.13(d)(2). FTA 
declines to provide an exhaustive list of courses or activities that 
meet the recertification requirement in the final rule, as such a list 
would evolve as additional training courses and activities are made 
available by FTA and the industry. FTA has published a technical 
assistance fact sheet (https://www.transit.dot.gov/regulations-and-programs/safety/ptsctp-refresher-training-overview-fact-sheet) to help 
agencies determine what courses or activities may best suit their 
agency's needs.
    FTA acknowledges the comment requesting FTA clarify the 
consequences of a participant not completing PTSCTP refresher training. 
A recipient that does not ensure its designated participants complete 
PTSCTP recertification within the required two-year period is subject 
to FTA enforcement action in accordance with FTA's authorities under 49 
U.S.C. 5329.

E. Section 672.17--Voluntary Participants

1. PTSCTP Recertification
    Comments: One transit agency requested FTA provide an explanation 
of why voluntary participants would not be required to complete PTSCTP 
refresher training. One industry association opposed the removal of 
refresher training requirements for voluntary participants. This 
commenter, and one transit agency, also requested clarification on how 
the refresher training requirement would apply to a voluntary 
participant who later became ``designated'' by an SSOA or rail transit 
agency.
    Response: FTA acknowledges the commenters who opposed the removal 
of refresher training requirements for voluntary participants and the 
commenter who requested more information on this proposed change. The 
mandatory requirements of the final rule only apply to those 
``designated personnel'' identified in Sec. Sec.  672.11(a) and 
672.13(a). To clarify the applicability of the training required to 
maintain PTSCTP certification, FTA has revised the term ``refresher 
training'' to ``recertification'' where applicable. Voluntary 
participants may choose to complete PTSCTP-related training courses to 
maintain their knowledge and skills related to the PTSCTP, but 
voluntary participants are not required to complete recertification 
requirements to maintain their PTSCTP certification. FTA does not have 
the legal authority to require voluntary participants to complete the 
initial safety training requirements of the PTSCTP or recertification.
    FTA acknowledges the commenters who requested clarification of the 
refresher training requirements for a voluntary participant who later 
becomes a designated participant of an SSOA or rail transit agency. 
Upon designation, a participant must complete the initial safety 
training requirements of the PTSCTP within three years. If a voluntary 
participant who has already completed the initial safety training 
requirements of the PTSCTP is later ``designated'' by a rail transit 
agency or SSOA, the individual would need to complete applicable 
recertification requirements within two years of their designation.

F. Section 672.21--Records

1. Point of Contact
    Comments: Six commenters supported the establishment of a point of 
contact (POC) at each applicable agency. Commenters included three 
transit agencies, a nonprofit organization, a labor union, and an 
industry association. One transit agency was not opposed to the 
establishment of a POC but suggested FTA provide guidance on the type 
of communication and documentation the POC will be required to provide. 
One transit agency recommended FTA require a secondary POC.
    One transit agency stated that the POC should not be required to 
track voluntary participants from their agency until such time the 
participant becomes a ``designated'' participant of the agency.
    One transit agency requested that FTA clarify whether the POC would 
be responsible for tracking completion of the recertification element 
defined by FTA.
    Response: FTA appreciates the comments supporting the establishment 
of a POC to streamline communication between FTA and the applicable 
SSOAs and rail transit agencies. In response to the comment requesting 
guidance on the type of communication and documentation the POC will be 
required to provide, FTA notes that it will

[[Page 66003]]

develop and distribute technical assistance as needed to support SSOA 
and rail transit agency compliance with the final rule.
    FTA acknowledges the commenter who suggested FTA add a requirement 
for agencies to establish a secondary POC in the final rule. FTA agrees 
this may be a good practice for some agencies to adopt but is declining 
to impose this as a requirement in the final rule to limit any 
additional administrative burden.
    FTA acknowledges the commenter who suggested the agency POC would 
not be required to track voluntary participants unless they become 
``designated'' by the agency. FTA agrees that agency POCs should not be 
required to track their agency personnel and contractors who are 
voluntarily participating in the PTSCTP. However, as part of the 
semiannual reporting requirement, FTA may request the POC to confirm 
whether a voluntary participant has been designated by the agency or is 
still participating on a voluntary basis.
    In response to the comment requesting FTA clarify if the agency POC 
would be responsible for tracking completion of the recertification 
element defined by FTA, FTA expects agencies to monitor and track their 
designated participants' completion of all applicable training 
requirements, including recertification requirements.
2. Semiannual Reporting
    Comments: Four commenters supported the semiannual reporting 
requirement, including one individual, one labor union, and two transit 
agencies. The individual also recommended that FTA set specific dates 
for the semiannual reporting requirement and requested additional 
information on how FTA will facilitate the semiannual reporting and 
whether FTA will send out reminders to affected agencies.
    One industry association recommended that FTA give rail transit 
agencies and SSOAs flexibility in how they report semiannually. This 
commenter and a transit agency suggested FTA provide a template that 
the agencies may choose to use.
    One SSOA agreed that recertification and training compliance should 
be monitored but expressed concern the proposed changes are burdensome. 
The commenter suggested that semiannual reporting should be completed 
annually through the State Safety Oversight Reporting (SSOR) tool and 
that FTA can monitor training compliance through the State Safety 
Oversight (SSO) audit program.
    Response: FTA appreciates the four commenters who expressed support 
for the semiannual reporting requirements. FTA declines to establish 
specific reporting dates in this final rule in order to provide 
reporting process development flexibility. Upon identification, FTA 
will communicate any specific reporting deadlines to the SSOA and rail 
transit agency community.
    FTA acknowledges the commenter who expressed concern related to the 
potential reporting burden associated with the semiannual reporting 
requirements. FTA has established these new reporting requirements to 
help control the burden associated with ad-hoc requests and 
inconsistencies in agencies' processes for tracking PTSCTP information. 
FTA plans to develop a process and mechanism that will control burden 
and establish information consistency across the industry.
    FTA appreciates the commenter's suggestion regarding specific data 
collection platforms but notes that the SSOR tool is not accessible by 
rail transit agencies and is not designed to support semiannual PTSCTP 
reporting. FTA also acknowledges the commenter's suggestion that FTA 
can monitor PTSCTP compliance through the SSO audit program. FTA notes 
that the SSO audit program audits compliance with 49 CFR part 674. To 
the extent that any PTSCTP-related requirements are established by part 
674, the SSO audit program will ensure compliance with such 
requirements.

III. Section-by-Section Analysis

Subpart A--General Provisions

Section 672.1--Purpose
    This section defines the purpose of this rule, which is to 
implement a uniform safety certification training program and to 
enhance the technical proficiency of individuals who conduct safety 
reviews, inspections, examinations, and other safety oversight 
activities of public transportation systems operated by public 
transportation agencies and those who are directly responsible for 
safety oversight of public transportation agencies. This section 
clarifies that the final rule does not preempt any safety certification 
training requirements required by a State for public transportation 
agencies within its jurisdiction.
Section 672.3--Scope and Applicability
    This section sets forth the applicability of the PTSCTP regulation. 
The regulation applies to all recipients of Federal financial 
assistance under 49 U.S.C. chapter 53. This section specifies that 
PTSCTP requirements only apply to SSOAs and their employees and 
contractors that conduct safety reviews, inspections, examinations, and 
other safety oversight activities of rail fixed guideway public 
transportation systems and to rail transit agencies and their employees 
and contractors who are directly responsible for the safety oversight 
of a recipient's rail fixed guideway public transportation systems.
Section 672.5--Definitions
    This section sets forth the definitions of key terms used in the 
regulation. Notably, readers should refer to new definitions for terms 
such as ``initial training,'' ``safety review,'' ``designated 
personnel,'' and ``voluntary participant.'' In addition, readers should 
refer to new definitions for ``recertification'' and ``recertification 
training'' related to the replacement of the term ``refresher 
training.''

Subpart B--Training Requirements

Section 672.11--State Safety Oversight Agency Employees and Contractors 
Who Conduct Reviews, Inspections, Examinations, and Other Safety 
Oversight Activities of Rail Fixed Guideway Public Transportation 
Systems
    Section 672.11(a) establishes requirements for SSOAs to designate 
certain SSOA employees and contractors that must comply with PTSCTP 
requirements. This includes employees and contractors that conduct 
reviews, inspections, examinations, and other safety oversight 
activities of public transportation systems, including appropriate 
managers and supervisors of such personnel.
    Section 672.11(b) requires SSOAs to ensure that designated 
personnel are enrolled in the PTSCTP within 30 days of designation and 
that designated participants comply with PTSCTP requirements.
    Section 672.11(c) establishes a three-year deadline for designated 
SSOA participants to complete the applicable training requirements of 
part 672.
    Section 672.11(d) establishes two recertification requirements 
which must be completed by designated SSOA participants every two years 
following completion of the PTSCTP curriculum, including 
recertification requirements defined by FTA and recertification 
requirements defined by the SSOA, which must include one hour of safety 
oversight training.

[[Page 66004]]

Section 672.13--Rail Transit Agency Employees and Contractors Who Are 
Directly Responsible for the Safety Oversight of a Rail Fixed Guideway 
Public Transportation System
    Section 672.13(a) establishes requirements for rail transit 
agencies to designate certain rail transit agency employees and 
contractors who must comply with PTSCTP requirements. This includes 
employees and contractors who are directly responsible for safety 
oversight of rail modes.
    Section 672.13(b) requires rail transit agencies to ensure that 
designated personnel are enrolled in the PTSCTP within 30 days of 
designation and that designated participants comply with PTSCTP 
requirements.
    Section 672.13(c) establishes a three-year deadline for designated 
rail transit agency participants to complete the applicable training 
requirements of part 672.
    Section 672.13(d) establishes two recertification requirements 
which must be completed by designated rail transit agency participants 
every two years following completion of the PTSCTP curriculum, 
including recertification requirements defined by FTA and 
recertification requirements defined by the rail transit agency, which 
must include one hour of safety oversight training.
Section 672.15--Evaluation of Prior Certification and Training
    Section 672.15(a) clarifies the process for requesting a course 
equivalency evaluation from FTA.
    Section 672.15(b) clarifies requirements for requesting a course 
equivalency evaluation from FTA.
    Section 672.15(c) defines how FTA may make determinations for 
requested course equivalency evaluations.
Section 672.17--Voluntary Participants
    This section establishes that individuals not designated by an SSOA 
or rail transit agency may voluntarily participate in the program.
    Section 672.17(a) defines the requirements for receiving a 
certificate of completion as a voluntary participant and clarifies that 
the recertification requirement does not apply to voluntary 
participants and that FTA will not recertify voluntary participants.
    Section 672.17(b) clarifies that if a voluntary participant has 
received PTSCTP certification and is subsequently designated by an SSOA 
or rail transit agency as a PTSCTP participant, the individual would 
then need to meet the established recertification requirements for 
designated PTSCTP participants within two (2) years of designation.

Subpart C--Administrative Requirements

Section 672.21--Records
    This section establishes new administrative requirements for 
recipients subject to the requirements of the rule, including SSOAs and 
rail transit agencies.
    Section 672.21(a) clarifies an applicable grantee's 
responsibilities for ensuring its designated personnel meet the 
requirements established by this part. These responsibilities include 
ensuring designated personnel are enrolled in the PTSCTP, ensuring 
designated personnel complete the initial training within three years 
of enrollment, and ensuring designated personnel complete 
recertification every two years upon completion of the initial PTSCTP 
curriculum.
    Section 672.21(b) establishes the requirement for SSOAs and rail 
transit agencies to identify a single point of contact (POC) at the 
agency who will serve as a liaison with FTA regarding PTSCTP records. 
FTA expects recipients to provide FTA with standard contact information 
for the identified PTSCTP POC, including name, title, phone number, and 
email address.
    Section 672.21(c) establishes the responsibilities of the 
identified PTSCTP POC, including informing FTA of changes in enrolled 
PTSCTP participants, enrolling new PTSCTP participants, and confirming 
recertification requirements and completion for participants. FTA 
expects to conduct PTSCTP-related communication with recipients through 
email ([email protected]) until such time as FTA defines an 
alternative method for information submission.
    Section 672.21(d), FTA establishes a semiannual reporting 
requirement for the PTSCTP. This section sets the requirement for the 
identified PTSCTP POC to submit a current list of individuals 
designated as required PTSCTP participants, and the course or courses 
that that agency has identified as required for PTSCTP recertification. 
For recertification requirement documentation, the PTSCTP POC must 
report the specific name and length of each course, as well as the name 
of the course training provider or developer.
    Section 672.21(e) clarifies the existing requirement for SSOAs to 
submit a technical training plan to FTA as part of its annual reporting 
requirements established at Sec.  674.39 of this chapter. FTA has also 
replaced the reference to ``System Safety Program Plan'' in Appendix A 
of the current rule with ``Agency Safety Plan'' in Sec.  672.21(e)(3). 
This section also sets the requirement for training records to include 
the minimum passing scores for proficiency tests. This provides FTA 
with the parameters for designated personnel to pass or fail the 
subject proficiency test and enables FTA to interpret proficiency test 
scores.
Section 672.23--Availability of Records
    This final rule does not amend this section.

Subpart D--Administrative Requirements

Section 672.31--Requirement To Certify Compliance
    The final rule does not amend this section.

IV. Regulatory Analyses and Notices

Executive Order 12866 (Regulatory Planning and Review) and Executive 
Order 13563 (Improving Regulation and Regulatory Review)

    Executive Order 12866 (``Regulatory Planning and Review''), as 
supplemented by Executive Order 13563 (``Improving Regulation and 
Regulatory Review'') and Executive Order 14094 (``Modernizing 
Regulatory Review''), directs Federal agencies to assess the benefits 
and costs of regulations, to select regulatory approaches that maximize 
net benefits when possible, and to consider economic, environmental, 
and distributional effects. It also directs the Office of Management 
and Budget (OMB) to review significant regulatory actions, including 
regulations with annual economic effects of $200 million or more. OMB 
has determined the final rule is not significant within the meaning of 
Executive Order 12866.

Updates From the NPRM

    The analysis for the final rule adds calculations using a discount 
rate of 2 percent, following guidance in the November 2023 update to 
OMB Circular A-4.\2\ The analysis also updates the assumed effective 
date for the rule to 2024.
---------------------------------------------------------------------------

    \2\ Office of Management and Budget (2023). ``Circular No. A-
4.'' https://www.whitehouse.gov/wp-content/uploads/2023/11/CircularA-4.pdf.
---------------------------------------------------------------------------

Overview and Need for Regulation

    The final rule would add administrative and training requirements 
for SSOAs and rail transit agencies subject to the requirements of the 
PTSCTP. The rule would require each agency to establish a point of

[[Page 66005]]

contact who would enroll designated personnel and submit proof of their 
training. SSOAs and rail transit agencies (RTAs) would also provide 
semiannual documentation to FTA. Finally, the rule would require 
designated personnel to complete FTA-defined recertification training 
every two years.

Benefits

    The final rule would lead to increased agency compliance with 
PTSCTP requirements. This analysis does not estimate benefits from 
increased compliance, however, because the economic analysis for the 
PTSCP rule that established the requirements assumed that agencies 
would have full compliance. Estimating benefits would therefore lead to 
double counting.
    The final rule would also lead to minor cost savings for FTA staff 
and contractors, who would need to spend less time verifying that 
agency employees met training requirements. To estimate cost savings, 
FTA used time and wage estimates for federal employees and contractors 
currently supporting the PTSCP program. In 2022 dollars, the rule would 
have an estimated annual cost savings of $5,900 (Table 2).

                                          Table 2--Annual Cost Savings
                                                 [2022 Dollars]
----------------------------------------------------------------------------------------------------------------
                         Staff                              Annual hours      Wages or rates      Cost savings
----------------------------------------------------------------------------------------------------------------
FTA program manager....................................                 40             $93.56             $2,428
Contractor program manager.............................                 12             179.32              2,152
Contractor analyst.....................................                 12             110.34              1,324
                                                        --------------------------------------------------------
    Total..............................................                 64  .................              5,904
----------------------------------------------------------------------------------------------------------------

Costs

    To estimate the costs of meeting the new requirements, FTA 
estimated the number of entities affected, the number and type of staff 
involved, and the time needed (Table 3). The requirements would affect 
31 SSOAs and 64 rail transit agencies in operation as of March 1, 
2023.3 4
---------------------------------------------------------------------------

    \3\ Federal Transit Administration. March 19, 2024. ``State 
Safety Oversight Contacts.'' https://www.transit.dot.gov/regulations-and-guidance/safety/state-safety-oversight-contacts.
    \4\ Federal Transit Administration. 2023. ``National Transit 
Database: 2022 Annual Database Service.'' https://www.transit.dot.gov/ntd/data-product/2022-annual-database-service.

                           Table 3--Annual Staff and Hours Needed To Meet Requirements
----------------------------------------------------------------------------------------------------------------
             Requirement                   Affected entities               Annual hours             Total hours
----------------------------------------------------------------------------------------------------------------
Staff enrollment.....................  31 SSOAs; 64 rail         12.............................           1,140
                                        transit agencies.
Point of contact identification......  31 SSOAs; 64 rail         2..............................             190
                                        transit agencies.
Point of contact responsibilities....  31 SSOAs; 64 rail         24.............................           2,280
                                        transit agencies.
Semi-annual reporting................  31 SSOAs; 64 rail         4..............................             380
                                        transit agencies.
Refresher training...................  175 SSOA employees; 439   4 (8 hours every 2 years)......           2,456
                                        rail transit agency
                                        employees.
                                      --------------------------------------------------------------------------
    Total............................  ........................  ...............................           6,446
----------------------------------------------------------------------------------------------------------------

    To estimate the value of staff time spent on the requirements, FTA 
used May 2022 occupational wage data from the Bureau of Labor 
Statistics, the latest available as of March 2024, in the ``Transit and 
Ground Passenger Transportation'' industry (North American Industry 
Classification System code 485000).\5\ The ``General and Operations 
Managers'' (code 11-1021) was used to represent the wages of SSOA and 
rail transit agency points of contact. For SSOA and rail transit agency 
personnel completing training, the ``Transportation Inspectors'' (code 
53-6051) occupational category was used. FTA used median hourly wages 
as a basis for the estimates, multiplying the wages by 1.62 to account 
for employer benefits.\6\
---------------------------------------------------------------------------

    \5\ Bureau of Labor Statistics. 2023. ``May 2022 National 
Occupational Employment and Wage Estimates: United States: NAICS 
485000--Transit and Ground Passenger Transportation.'' https://www.bls.gov/oes/current/naics3_485000.htm.
    \6\ Multiplier derived using Bureau of Labor Statistics data on 
employer costs for employee compensation in December 22 (https://www.bls.gov/news.release/ecec.htm). Employer costs for state and 
local government workers averaged $57.60 an hour, with $35.69 for 
wages and $21.95 for benefit costs. To estimate full costs from 
wages, one would use a multiplier of $57.60/$21.95, or 1.62.

                       Table 4--Occupational Categories and Wages Used To Value Staff Time
                                                 [2022 Dollars]
----------------------------------------------------------------------------------------------------------------
                                                                                   Median hourly     Wage with
                 Staff                    Occupational category        Code            wage          benefits
----------------------------------------------------------------------------------------------------------------
SSOA and RTA POCs.....................  General and Operations           11-1021          $37.63          $60.69
                                         Managers.
SSOA and RTA personnel................  Transportation                   53-6051           21.61           34.86
                                         Inspectors.
----------------------------------------------------------------------------------------------------------------


[[Page 66006]]

    The administrative and reporting requirements of the proposed rule 
have estimated annual costs of $318,000 (Table 5). The largest annual 
costs are for point of contact responsibilities ($128,000) and 
refresher training ($86,000). FTA would also incur minimal one-time 
costs to develop the refresher training materials.

   Table 5--Annual Costs for Administrative and Training Requirements
                             [2022 Dollars]
------------------------------------------------------------------------
                     Requirement                          Annual costs
------------------------------------------------------------------------
Staff enrollment.....................................            $69,191
Point of contact identification......................             11,532
Point of contact responsibilities....................            128,337
Semi-annual reporting................................             23,064
Refresher training...................................             85,603
                                                      ------------------
    Total............................................            317,726
------------------------------------------------------------------------

Summary

    Table 6 summarizes the economic effects of the proposed rule over 
the first ten years of the rule from 2024--the assumed effective date 
of the rule--to 2033 in 2022 dollars. On an annualized basis, the rule 
would have net costs of $318,000 at a 2 percent discount rate, $321,000 
at a 3 percent rate, and $334,000 at a 7 percent rate, discounted to 
2024.

                                 Table 6--Summary of Economic Effects, 2024-2033
                                       [2022 Dollars, discounted to 2023]
----------------------------------------------------------------------------------------------------------------
                          Item                            Annualized (2%)    Annualized (3%)    Annualized (7%)
----------------------------------------------------------------------------------------------------------------
Benefits:
    Cost savings for FTA staff.........................             $6,081             $6,317
Costs:
    Staff enrollment...................................             70,574             71,266             74,034
    Point of contact identification....................             11,762             11,878             12,339
    Point of contact responsibilities..................            130,903            132,187            137,320
    Semi-annual reporting..............................             23,525             23,755             24,678
    Refresher training.................................             87,316             88,172             91,596
        Total costs....................................            324,080            327,258            339,967
                                                        --------------------------------------------------------
            Net costs..................................            318,059            321,177            333,650
----------------------------------------------------------------------------------------------------------------

Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (RFA) (5 U.S.C. 601 et seq.) 
requires Federal agencies to assess the impact of a regulation on small 
entities unless the agency determines that the regulation is not 
expected to have a significant economic impact on a substantial number 
of small entities.
    The final rule requires SSOAs and rail transit agencies to meet 
additional administrative requirements. Under the Regulatory 
Flexibility Act, local governments and other public-sector 
organizations qualify as small entities if they serve a population of 
less than 50,000. State agencies do not qualify, and no rail transit 
agency serves an urbanized area with a population of less than 50,000. 
FTA has therefore determined that the final rule would not have a 
significant effect on a substantial number of small entities.

Unfunded Mandates Reform Act of 1995

    FTA has determined that this rule does not impose unfunded 
mandates, as defined by the Unfunded Mandates Reform Act of 1995 (2 
U.S.C. 1532). This rule does not include a Federal mandate that may 
result in the expenditure by State, local, and tribal governments, in 
the aggregate, or by the private sector of $100 million or more 
(adjusted for inflation) in any one year. Additionally, the definition 
of ``Federal mandate'' in the Unfunded Mandates Reform Act excludes 
financial assistance of the type in which State, local, or tribal 
governments have authority to adjust their participation in the program 
in accordance with changes made in the program by the Federal 
Government. The Federal Transit Act permits this type of flexibility.

Executive Order 13132 (Federalism Assessment)

    Executive Order 13132 requires agencies to assure meaningful and 
timely input by State and local officials in the development of 
regulatory policies that may have a substantial direct effect on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. This action has been analyzed in 
accordance with the principles and criteria contained in Executive 
Order 13132 and FTA determined this action will not have a substantial 
direct effect or sufficient federalism implications on the States. FTA 
also determined this action will not preempt any State law or 
regulation or affect the States' ability to discharge traditional State 
governmental functions.

Executive Order 12372 (Intergovernmental Review)

    The regulations implementing Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities apply 
to this program.

Paperwork Reduction Act

    In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.) (PRA) and the White House Office of Management and 
Budget's

[[Page 66007]]

(OMB) implementing regulation at 5 CFR 1320.8(d), FTA is seeking 
approval from OMB for a currently approved information collection that 
is associated with a notice of proposed rulemaking. The information 
collection (IC) was previously approved on October 4, 2022. However, 
this submission includes administrative requirements that will impact 
the information collected and the responding burden hours and costs to 
recipients.
    Type of Collection: Operators of public transportation systems.
    Type of Review: OMB Clearance. Previously Approved Information 
Collection Request.
    Summary of the Collection: The information collection (IC) provides 
minimum training requirements for Federal and State personnel and 
contractors who conduct safety audits and examinations of transit 
systems and for transit agency personnel and contractors who are 
directly responsible for safety oversight to enhance the technical 
proficiency.
    Need for and Expected Use of the Information to be Collected: 
Collection of information for this program is necessary to ensure FTA 
grantees subject to the PTSCTP regulation certify compliance with 
training and recertification training requirements and allow FTA to 
monitor ongoing PTSCTP participation and compliance. The program 
establishes a uniform curriculum for safety training that consists of 
minimum requirements to enhance the technical proficiency of transit 
safety personnel.
    Respondents: Respondents include State Safety Oversight Agency 
personnel and contractors who conduct safety audits and examinations of 
rail transit systems, rail transit agency personnel and contractors who 
are directly responsible for safety oversight, and bus transit agency 
personnel and contractors who are directly responsible for safety 
oversight.
    Frequency: Annual, Periodic.

National Environmental Policy Act

    Federal agencies are required to adopt implementing procedures for 
the National Environmental Policy Act (NEPA) that establish specific 
criteria for, and identification of, three classes of actions: (1) 
Those that normally require preparation of an Environmental Impact 
Statement, (2) those that normally require preparation of an 
Environmental Assessment, and (3) those that are categorically excluded 
from further NEPA review (40 CFR 1507.3(b)). This rule qualifies for 
categorical exclusions under 23 CFR 771.118(c)(4) (planning and 
administrative activities that do not involve or lead directly to 
construction). FTA has evaluated whether the rule will involve unusual 
or extraordinary circumstances and has determined that it will not.

Executive Order 12630 (Taking of Private Property)

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

Executive Order 12988 (Civil Justice Reform)

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Executive Order 13045 (Protection of Children)

    FTA has analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. FTA 
certifies that this action will not cause an environmental risk to 
health or safety that might disproportionately affect children.

Executive Order 13175 (Tribal Consultation)

    FTA has analyzed this rule under Executive Order 13175, dated 
November 6, 2000, and believes that it will not have substantial direct 
effects on one or more Indian tribes; will not impose substantial 
direct compliance costs on Indian tribal governments; and will not 
preempt tribal laws. Therefore, a tribal summary impact statement is 
not required.

Executive Order 13211 (Energy Effects)

    FTA has analyzed this action under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. FTA has determined that this action is not a 
significant energy action under that order and is not likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy. Therefore, a Statement of Energy Effects is not required.

Executive Orders 14096, 12898 (Environmental Justice)

    Executive Order 14096 (Revitalizing Our Nation's Commitment to 
Environmental Justice for All)(April 21, 2023)(which builds upon 
Executive Order 12898) and DOT Order 5610.2(a) (77 FR 27534) \7\ 
require DOT agencies to achieve environmental justice (EJ) as part of 
their mission consistent with statutory authority by identifying, 
analyzing, and addressing, as appropriate, disproportionate and adverse 
human health or environmental effects, including those related to 
climate change and cumulative impacts of environmental and other 
burdens on communities with EJ concerns. All DOT agencies seek to 
advance these policy goals and to engage in this analysis as 
appropriate in all rulemaking activities. On August 15, 2012, FTA's 
Circular 4703.1 became effective, which contains guidance for 
recipients of FTA financial assistance to incorporate EJ principles 
into plans, projects, and activities.\8\
---------------------------------------------------------------------------

    \7\ Department of Transportation Updated Environmental Justice 
Order 5610.2(a): Actions to Address Environmental Justice in 
Minority Populations and Low-Income Populations, 77 FR 27534 (May 
10, 2012). https://www.transportation.gov/transportation-policy/environmental-justice/department-transportation-order-56102a.
    \8\ Federal Transit Administration (February 2020). 
``Environmental Justice Policy Guidance for Federal Transit 
Administration Recipients.'' https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/environmental-justice-policy-guidance-federal-transit.
---------------------------------------------------------------------------

    FTA has evaluated this action under its environmental justice 
policies and FTA has determined that this action will not cause 
disproportionate and adverse human health and environmental effects on 
communities with EJ concerns.

Regulation Identifier Number

    A Regulation Identifier Number (RIN) is assigned to each regulatory 
action listed in the Unified Agenda of Federal Regulations. The 
Regulatory Information Service Center publishes the Unified Agenda in 
April and October of each year. The RIN number contained in the heading 
of this document can be used to cross-reference this rule with the 
Unified Agenda.

List of Subjects in 49 CFR Part 672

    Mass transportation, Reporting and recordkeeping requirements, 
Safety.

Veronica Vanterpool,
Acting Administrator.

0
In consideration of the foregoing, and under the authority of 49 U.S.C. 
5329 and 5334, and the delegation of authority at 49 CFR 1.91, the 
Federal Transit Administration revises 49 CFR part 672 to read as 
follows:

[[Page 66008]]

PART 672--PUBLIC TRANSPORTATION SAFETY CERTIFICATION TRAINING 
PROGRAM

Subpart A--General Provisions
Sec.
672.1 Purpose.
672.3 Scope and applicability.
672.5 Definitions.
Subpart B--Training Requirements
672.11 State Safety Oversight Agency employees and contractors who 
conduct safety reviews, inspections, examinations, and other safety 
oversight activities of rail fixed guideway public transportation 
systems.
672.13 Rail transit agency employees and contractors who are 
directly responsible for the safety oversight of a rail fixed 
guideway public transportation system.
672.15 Evaluation of prior certification and training.
672.17 Voluntary participants.
Subpart C--Administrative Requirements
672.21 Records.
672.23 Availability of records.
Subpart D--Compliance and Certification Requirements
672.31 Requirement to certify compliance.

    Authority:  49 U.S.C. 5329, 5334; 49 CFR 1.91.

Subpart A--General Provisions


Sec.  672.1  Purpose.

    (a) This part implements a uniform safety certification training 
curriculum and requirements to enhance the technical proficiency of 
individuals who conduct safety reviews, inspections, examinations, and 
other safety oversight activities of public transportation systems 
operated by public transportation agencies and those who are directly 
responsible for safety oversight of public transportation agencies.
    (b) This part does not preempt any safety certification training 
requirements required by a State for public transportation agencies 
within its jurisdiction.


Sec.  672.3  Scope and applicability.

    (a) In general, this part applies to all recipients of Federal 
financial assistance under 49 U.S.C. chapter 53.
    (b) The requirements of this part apply only to:
    (1) State Safety Oversight Agencies (SSOAs) and their employees and 
contractors that conduct safety reviews, inspections, examinations, and 
other safety oversight activities of rail fixed guideway public 
transportation systems, and
    (2) Rail transit agencies and their employees and contractors who 
are directly responsible for the safety oversight of a recipient's rail 
fixed guideway public transportation systems.
    (c) Voluntary participants may complete the Public Transportation 
Safety Certification Training Program curriculum in accordance with 
this part.


Sec.  672.5  Definitions.

    As used in this part:
    Administrator means the Federal Transit Administrator or the 
Administrator's designee.
    Contractor means an entity that performs tasks on behalf of the 
Federal Transit Administration (FTA), a State Safety Oversight Agency 
(SSOA), or public transportation agency through contract or other 
agreement.
    Designated personnel means:
    (1) Employees and contractors identified by a recipient whose job 
function is directly responsible for safety oversight of the public 
transportation system of the public transportation agency; or
    (2) Employees and contractors of a State Safety Oversight Agency 
(SSOA) whose job function requires them to conduct reviews, 
inspections, examinations, and other safety oversight activities of the 
rail fixed guideway public transportation systems subject to the 
jurisdiction of the agency.
    Directly responsible for safety oversight means public 
transportation agency personnel whose primary job function includes the 
development, implementation, and review of the agency's safety plan 
and/or the State Safety Oversight Agency (SSOA) requirements for the 
rail fixed guideway public transportation system pursuant to 49 CFR 
part 674.
    Examination means a process for gathering or analyzing facts or 
information related to the safety of a public transportation system.
    FTA means the Federal Transit Administration, an operating 
administration within the United States Department of Transportation.
    Initial training means the group of specific courses an individual 
must complete within three (3) years of enrollment in the Public 
Transportation Safety Certification Training Program to receive their 
first program certificate.
    Public transportation agency means an entity that provides public 
transportation service as defined in 49 U.S.C. 5302 and that has one or 
more modes of service not subject to the safety oversight requirements 
of another Federal agency.
    Public Transportation Safety Certification Training Program 
curriculum means the initial training designated personnel or voluntary 
participants must complete to receive the Public Transportation Safety 
Certification Training Program certificate of completion.
    Rail fixed guideway public transportation system means any fixed 
guideway system, or any such system in engineering or construction, 
that uses rail, is operated for public transportation, is within the 
jurisdiction of a State, and is not subject to the jurisdiction of the 
Federal Railroad Administration. These systems include but are not 
limited to rapid rail, heavy rail, light rail, monorail, trolley, 
inclined plane, funicular, and automated guideway.
    Rail transit agency means any entity that provides services on a 
rail fixed guideway public transportation system.
    Recertification means the process of renewing an individual's 
Public Transportation Safety Certification Training Program 
certification for two years.
    Recertification training means the training courses or activities 
designated personnel must complete within two (2) years of completing 
the Public Transportation Safety Certification Training Program 
curriculum to maintain certification and every two (2) years 
thereafter.
    Recipient means a State or local governmental authority or any 
other operator of a public transportation system receiving financial 
assistance under 49 U.S.C. chapter 53.
    Safety review means a review or analysis of safety records and 
related materials.
    State means a State of the United States, the District of Columbia, 
Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and 
the Virgin Islands.
    State Safety Oversight Agency (SSOA) means an agency established by 
a State that meets the requirements and performs the functions 
specified by 49 U.S.C. 5329(e) and (k) and the regulations set forth in 
49 CFR part 674.
    Voluntary participant means an individual participating in the 
Public Transportation Safety Certification Training Program that is not 
subject to the requirements of this part, including:
    (1) Employees and contractors of an applicable recipient that have 
not been designated under Sec.  672.11(a) or Sec.  672.13(a), and
    (2) Individuals who are not employees or contractors of an 
applicable recipient.

[[Page 66009]]

Subpart B--Training Requirements


Sec.  672.11  State Safety Oversight Agency employees and contractors 
who conduct safety reviews, inspections, examinations, and other safety 
oversight activities of rail fixed guideway public transportation 
systems.

    (a) Each SSOA shall designate its employees and contractors that 
must comply with the applicable training requirements of this part and 
the Public Transportation Safety Certification Training Program 
(PTSCTP) curriculum. Each SSOA must designate employees and contractors 
who conduct reviews, inspections, examinations, and other safety 
oversight activities of public transportation systems, including 
appropriate managers and supervisors of such personnel.
    (b) Each SSOA shall ensure that each designated individual is 
enrolled in the PTSCTP within 30 days of the individual's designation. 
Each SSOA shall ensure the compliance of designated participants with 
the applicable training requirements of this part and the PTSCTP 
curriculum.
    (c) Employees and contractors designated under paragraph (a) of 
this section shall complete applicable training requirements of this 
part and the PTSCTP curriculum within three (3) years of their initial 
PTSCTP enrollment.
    (d) Thereafter, upon completion of the PTSCTP curriculum, 
designated personnel shall complete recertification every two (2) 
years. Required recertification training shall consist of two elements:
    (1) Element 1: Recertification training defined by FTA, and
    (2) Element 2: Recertification training defined by the SSOA, which 
must include, at a minimum, one (1) hour of safety oversight training.


Sec.  672.13  Rail transit agency employees and contractors who are 
directly responsible for the safety oversight of a rail fixed guideway 
public transportation system.

    (a) Each rail transit agency shall designate its employees and 
contractors who must comply with the applicable training requirements 
of this part and the PTSCTP curriculum. Each rail transit agency must 
designate employees and contractors who are directly responsible for 
safety oversight of rail modes.
    (b) Each rail transit agency shall ensure that each designated 
individual is enrolled in the PTSCTP within 30 days of the individual's 
designation. Each rail transit agency shall ensure the compliance of 
designated participants with the applicable training requirements of 
this part and the PTSCTP curriculum.
    (c) Employees and contractors designated under paragraph (a) of 
this section shall complete applicable training requirements of this 
part and the PTSCTP curriculum within three (3) years of their initial 
PTSCTP enrollment.
    (d) Thereafter, upon completion of the PTSCTP curriculum, 
designated personnel must complete recertification every two (2) years. 
Required recertification training shall consist of two elements:
    (1) Element 1: Specific recertification training defined by FTA, 
and
    (2) Element 2: Recertification training defined by the rail transit 
agency, which must include, at a minimum, one (1) hour of safety 
oversight training.


Sec.  672.15  Evaluation of prior certification and training.

    (a) PTSCTP participants or an identified point of contact described 
in Sec.  672.21(b) may request that FTA evaluate safety training or 
certification previously obtained from another entity to determine if 
the training satisfies an applicable training requirement of this part.
    (b) Individuals requesting FTA evaluation of previously obtained 
training or certification must provide FTA with an official transcript 
or certificate of the training, a description of the curriculum and 
competencies obtained, and a brief statement detailing how the training 
or certification satisfies the applicable requirements of this part. 
The required information must be submitted using an equivalency credit 
request via electronic means defined by FTA.
    (c) FTA will evaluate the submission and determine if a training 
requirement of this part may be waived. If a waiver is granted, 
designated personnel are responsible for completing all other 
applicable requirements of this part.


Sec.  672.17  Voluntary participants.

    (a) Individuals not subject to the requirements of this part may 
participate voluntarily. To receive a certificate of completion as a 
voluntary participant, individuals must complete the PTSCTP curriculum 
within three (3) years of their enrollment. Voluntary participants are 
not required to complete recertification. FTA will not recertify 
voluntary participants.
    (b) If a voluntary participant has received a PTSCTP certificate of 
completion and is subsequently designated by an SSOA or rail transit 
agency as a PTSCTP participant, the individual will need to complete 
required recertification training within two (2) years of designation.

Subpart C--Administrative Requirements


Sec.  672.21  Records.

    (a) General requirement. Each recipient subject to the requirements 
of this part shall ensure that its designated personnel:
    (1) Are enrolled in the PTSCTP;
    (2) Complete the initial training specified in the PTSCTP 
curriculum within three (3) years of their enrollment as a designated 
participant; and
    (3) Complete required recertification every two (2) years upon 
completion of the PTSCTP curriculum.
    (b) Point of contact identification. Each recipient, subject to the 
requirements of this part, shall identify a single point of contact 
(POC) for communication with FTA regarding PTSCTP information. The 
recipient shall provide FTA, via electronic method defined by FTA, at a 
minimum, the POC's name, title, phone number, and email address.
    (c) Point of contact responsibilities. Each POC will serve as a 
liaison between the recipient and FTA to inform FTA of changes in 
designated personnel participating in the PTSCTP, enroll new 
participants, submit proof of recertification for the recipient's 
designated personnel, and address any other program documentation or 
communications needs.
    (d) Semiannual reporting. Semiannually, between January 1st and 
January 31st and between July 1st and July 31st of each calendar year, 
the identified POC must submit documentation to FTA, via electronic 
method defined by FTA, that identifies:
    (1) All employees and contractors of the recipient who are 
designated as PTSCTP participants; and
    (2) The course or courses the recipient has identified as required 
recertification training for their designated personnel. The agency 
identified recertification training must include, at a minimum, one (1) 
hour of safety oversight training. The documentation must include the 
complete name and length of each course, as well as the name of the 
course training provider.
    (e) SSOA requirement. (1) Each SSOA shall retain a record of the 
technical training completed by its designated personnel in accordance 
with the technical training requirements of this part. SSOAs shall 
retain training records for at least five (5) years from the date the 
record is created.
    (2) Each SSOA shall develop and maintain a technical training plan 
for

[[Page 66010]]

designated personnel who perform reviews, inspections, examinations, 
and other safety oversight activities. The SSOA will submit its 
technical training plan to FTA for review and evaluation as part of its 
annual reporting to FTA as required under Sec.  674.39 of this chapter. 
This review process will support the consultation required between FTA 
and SSOAs regarding the staffing and qualification of the designated 
personnel in accordance with 49 U.S.C. 5329(e)(3)(D).
    (3) Each SSOA shall identify the tasks related to reviews, 
inspections, examinations, and other safety oversight activities 
requiring SSOA approval, which must be performed by the SSOA to carry 
out its safety oversight requirements, and identify the skills and 
knowledge necessary to perform each oversight task at that system. At a 
minimum, the technical training plan will describe the process for 
receiving technical training in the following competency areas 
appropriate to the specific rail fixed guideway public transportation 
system(s) for which reviews and inspections conducted:
    (i) Agency organizational structure.
    (ii) Agency Safety Plan.
    (iii) Knowledge of agency:
    (A) Territory and revenue service schedules.
    (B) Current bulletins, general orders, and other associated 
directives that ensure safe operations.
    (C) Operations and maintenance rule books.
    (D) Safety rules.
    (E) Standard Operating Procedures.
    (F) Roadway Worker Protection.
    (G) Employee Hours of Service and Fatigue Management program.
    (H) Employee Observation and Testing Program (Efficiency Testing).
    (I) Employee training and certification requirements.
    (J) Vehicle inspection and maintenance programs, schedules, and 
records.
    (K) Track inspection and maintenance programs, schedules and 
records.
    (L) Tunnels, bridges, and other structures inspection and 
maintenance programs, schedules, and records.
    (M) Traction power (substation, overhead catenary system, and third 
rail), load dispatching, inspection and maintenance programs, 
schedules, and records.
    (N) Signal and train control inspection and maintenance programs, 
schedules, and records.
    (4) The SSOA will determine the length of time for the technical 
training based on the skill level of the designated personnel relative 
to the applicable rail transit agency(s). FTA will provide a template 
as requested to assist the SSOA with preparing and monitoring its 
technical training plan and will provide technical assistance as 
requested. Each SSOA technical training plan that is submitted to FTA 
for review will:
    (i) Require designated personnel to successfully:
    (A) Complete training that covers the skills and knowledge needed 
to effectively perform the tasks.
    (B) Pass a written and/or oral examination covering the skills and 
knowledge required for the designated personnel to effectively perform 
their tasks.
    (C) Demonstrate hands-on capability to perform their tasks to the 
satisfaction of the appropriate SSOA supervisor or designated 
instructor.
    (ii) Establish equivalencies or written and oral examinations to 
allow designated personnel to demonstrate that they possess the skill 
and qualification required to perform their tasks.
    (iii) Require biennial recertification training to maintain 
technical skills and abilities, which includes classroom and hands-on 
training, as well as testing. Observation and evaluation of actual 
performance of duties may be used to meet the hands-on portion of this 
requirement, provided that such testing is documented.
    (iv) Require that training records be maintained to demonstrate the 
current qualification status of designated personnel assigned to carry 
out the oversight program. Records may be maintained either 
electronically or in writing and must be provided to FTA upon request. 
Records must include the following information concerning each 
designated personnel:
    (A) Name;
    (B) The title and date each training course was completed, the 
proficiency test score(s), and the minimum passing score of the test, 
where applicable;
    (C) The content of each training course successfully completed;
    (D) A description of the designated personnel's hands-on 
performance applying the skills and knowledge required to perform the 
tasks that the employee will be responsible for performing and the 
factual basis supporting the determination;
    (E) The tasks the designated personnel are deemed qualified to 
perform; and
    (F) Provide the date that the designated personnel's status as 
qualified to perform the tasks expires, and the date in which biennial 
recertification training is due.
    (v) Ensure the qualification of contractors performing oversight 
activities. SSOAs may use demonstrations, previous training and 
education, and written and oral examinations to determine if 
contractors possess the skill and qualification required to perform 
their tasks.
    (vi) Periodically assess the effectiveness of the technical 
training. One method of validation and assessment could be efficiency 
tests or periodic review of employee performance.


Sec.  672.23  Availability of records.

    (a) Except as required by law, or expressly authorized or required 
by this part, a recipient may not release information pertaining to 
employees and contractors that is required by this part without the 
written consent of the individual.
    (b) Individuals are entitled, upon written request to the 
recipient, to obtain copies of any records pertaining to their training 
required by this part. The recipient shall promptly provide the records 
requested by personnel and access shall not be contingent upon the 
recipient's receipt of payment for the production of such records.
    (c) A recipient shall permit access to all facilities utilized and 
records compiled in accordance with the requirements of this part to 
the Secretary of Transportation, the Federal Transit Administration, or 
any State agency with jurisdiction over public transportation safety 
oversight of the recipient.
    (d) When requested by the National Transportation Safety Board as 
part of an accident investigation, a recipient shall disclose 
information related to the training of employees and contractors.

Subpart D--Compliance and Certification Requirements


Sec.  672.31  Requirement to certify compliance.

    (a) A recipient of FTA financial assistance under 49 U.S.C. chapter 
53 that is subject to the requirements of this part as specified in 
Sec.  672.3(b) shall annually certify compliance with this part in 
accordance with FTA's procedures for annual grant certification and 
assurances.
    (b) A certification must be authorized by the recipient's governing 
board or other authorizing official and must be signed by a party 
specifically authorized to do so.

[FR Doc. 2024-18097 Filed 8-13-24; 8:45 am]
BILLING CODE 4910-57-P