[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Proposed Rules]
[Pages 28695-28697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-12148]
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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), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: In this action, the Federal Transit Administration (FTA) seeks
to reduce the regulatory burden on State Safety Oversight Agencies
(SSOAs) in conducting oversight of the Roadway Worker Protection (RWP)
programs within the jurisdiction of a State. FTA proposes to extend the
time period for reporting RWP programs to FTA and to allow SSOAs to
complete annual audits simultaneously with other required audits.
DATES: Comments should be filed by July 31, 2025. FTA will consider
comments received after that date to the extent practicable.
ADDRESSES: You may send comments, identified by docket number FTA-2025-
0008 by any of the following methods:
Federal Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for sending comments.
Fax: (202) 493-2251.
Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery/Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and
5 p.m. ET, Monday through Friday, except Federal holidays.
Instructions: All submissions received must include the agency name
and docket number or Regulatory Information Number (RIN) for this
rulemaking. All comments received will be posted without change to
https://www.regulations.gov, including any personal information
provided.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov. Background
documents and comments received may also be viewed at the U.S.
Department of Transportation, 1200 New Jersey Ave. SE, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, Washington,
DC 20590-0001, between 9 a.m. and 5 p.m. EST, Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: For program matters, contact Jeremy
Furrer, Office of Transit Safety and Oversight, FTA, telephone at (202)
366-8929 or [email protected]. For legal matters, contact Heather
Ueyama, Attorney Advisor, FTA, telephone at 202-366-7374 or
[email protected]. Office hours are from 8:30 a.m. to 5 p.m.,
Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
I. Background
On March 25, 2024, FTA published a notice of proposed rulemaking
(NPRM) proposing to promulgate a Rail Transit Roadway Worker Protection
rule at 49 CFR part 671 that would require rail transit agencies (RTAs)
to implement a minimum, baseline RWP program to provide a standardized
and consistent approach to protecting roadway workers (89 FR 20605). On
October 31, 2024, FTA published a final rule establishing the RWP
regulatory framework (89 FR 87166). During the comment period for the
NPRM, FTA received comments concerning Sec. 671.25, which address the
role of SSOAs in overseeing the RWP program. Based on further
[[Page 28696]]
consideration, FTA proposes to address some of these comments in this
NPRM.
II. Section-by-Section Analysis
To reduce a regulatory burden, FTA proposes to modify 49 CFR
671.25(a)(2) to allow SSOAs to submit RWP program information to FTA
with their annual report. Currently, section 671.25(a)(2) requires
SSOAs to submit each RTA's RWP program to FTA within 30 calendar days
of approval. In reply to FTA's 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 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.
In proposing to streamline the submission process by aligning the
deadline with the SSOA annual report in section 674.39, FTA seeks to
reduce regulatory burden.
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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 proposes to amend 49 CFR 671.25(c)(1) to align with
industry practice. In section 671.25(c)(1), FTA currently requires
SSOAs to conduct an annual audit of the RTA's compliance with its RWP
program. FTA explained in the preamble to the 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 section 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 proposes to modify section 671.25(c)(1) to
ensure this authorization is included in the regulatory text.
Based on the foregoing, and to ensure consistency with
Administration priorities, including Executive Order 14192
(``Unleashing Prosperity Through Deregulation''), FTA seeks to
implement this deregulatory action to reduce the regulatory burden on
RTAs and SSOAs.
III. Regulatory Analyses and Notices
A. Executive Orders 12866 and 13563 (Regulatory Review)
E.O. 12866 (``Regulatory Planning and Review''), as supplemented by
E.O. 13563 (``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
proposed rule is not significant within the meaning of Executive Order
12866 and has not reviewed the rule under that order.
The proposed rule would allow 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
proposed rule would also allow SSOAs to submit RWP program information
with their annual reports rather than within 30 calendar days of
approval.
The proposed rule would result in cost savings for SSOAs and RTAs
by streamlining auditing requirements. The rule would 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 would 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. 2025. ``May 2024 National
Occupational Employment and Wage Estimates: United States: NAICS
485000--Transit and Ground Passenger Transportation.'' https://data.bls.gov/oes/#/industry/485000.
\3\ Multiplier derived using Bureau of Labor Statistics data on
employer costs for employee compensation in December 2024 (https://www.bls.gov/news.release/ecec.htm). 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 would result in annual cost
savings of $87,000 (1,280 hours x $68.69) in undiscounted 2024 dollars,
$73,000 at a 3 percent discount rate, and $58,000 at a 7 percent
discount rate, discounted to 2024.
B. 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 proposed rule, if finalized, is expected to have total costs
less than zero, and therefore is expected to be an E.O. 14192
deregulatory action.
C. 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.
FTA has determined that the proposed rule would not have a
significant effect on a substantial number of small entities. The
proposed rule would 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.
D. Unfunded Mandates Reform Act of 1995
FTA has determined that this rule would 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
[[Page 28697]]
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.
E. 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.
F. 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.
G. 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. 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.
H. 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.
I. 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.
J. 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. DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477).
K. 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 proposes to amend title
49, Code of Federal Regulations, 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) Annual RWP program audit.
(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.
* * * * *
Issued in Washington, DC, under authority delegated in 49 CFR
1.91.
Tariq Bokhari,
Acting Administrator.
[FR Doc. 2025-12148 Filed 6-27-25; 4:15 pm]
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