[Federal Register Volume 88, Number 206 (Thursday, October 26, 2023)]
[Proposed Rules]
[Pages 73573-73582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23515]



[[Page 73573]]

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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), Department of 
Transportation (DOT).

ACTION:  Notice of proposed rulemaking (NPRM).

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

SUMMARY:  The Federal Transit Administration (FTA) is proposing changes 
to requirements for the Public Transportation Safety Certification 
Training Program (PTSCTP). The Bipartisan Infrastructure Law, enacted 
as the Infrastructure Investment and Jobs Act (IIJA), established new 
requirements for FTA's Public Transportation Safety Program that relate 
to PTSCTP requirements. The proposed revisions would streamline the 
PTSCTP communication process and clarify voluntary PTSCTP participation 
and refresher training requirements. FTA seeks comments from project 
sponsors, the transit industry, unions, other stakeholders, and the 
public on the proposed changes to the regulation.

DATES:  Comments should be filed by December 26, 2023. FTA will 
consider comments received after that date to the extent practicable.

ADDRESSES: You may send comments, identified by docket number FTA-2023-
0025, by any of the following methods:
    <bullet> Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for sending comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
    <bullet> Hand Delivery/Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 
5 p.m. ET, Monday through Friday, except Federal holidays.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) for this 
rulemaking. All comments received will be posted without change to 
https://www.regulations.gov, including any personal information 
provided. For detailed instructions on sending comments and additional 
information on the rulemaking process, see the ``Public Participation'' 
heading of the SUPPLEMENTARY INFORMATION section of this document.
    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 Philip 
Monty, Office of Transit Safety and Oversight, (202) 366-7412 or 
<a href="/cdn-cgi/l/email-protection#47372f2e2b2e37692a2829333e0723283369202831"><span class="__cf_email__" data-cfemail="c1b1a9a8ada8b1efacaeafb5b881a5aeb5efa6aeb7">[email protected]</span></a>. For legal matters, contact Mark Montgomery, 
Office of Chief Counsel, (202) 366-1017 or <a href="/cdn-cgi/l/email-protection#402d21322b6e2d2f2e34272f2d25323900242f346e272f36"><span class="__cf_email__" data-cfemail="523f3320397c3f3d3c26353d3f37202b12363d267c353d24">[email protected]</span></a>.
    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. Purpose of Regulatory Action
    B. Statutory Authority
    C. Summary of Major Provisions
    D. Costs and Benefits (Table)
II. Section-by-Section Analysis
III. Regulatory Analyses and Notices

I. Executive Summary

A. Purpose of Regulatory Action

    This Notice of Proposed Rulemaking (NPRM) proposes to amend the 
Public Transportation Safety Certification Training Program (PTSCTP) 
regulation at 49 CFR part 672. The proposed 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. The proposed rule adds administrative 
requirements for recipients that are subject to the requirements of the 
rule.

B. Statutory Authority

    Congress directed FTA to establish a comprehensive Public 
Transportation Safety Program, one element of which is the requirement 
for the PTSCTP, in the Moving Ahead for Progress in the 21st Century 
Act (Pub. L. 112-141) (MAP-21), which was reauthorized by the Fixing 
America's Surface Transportation Act (Pub. L. 114-94). To implement the 
requirements of 49 U.S.C. 5329(c), 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).
    The Bipartisan Infrastructure Law, enacted as the Infrastructure 
Investment and Jobs Act (Pub. L. 117-58) (IIJA), enhances the Public 
Transportation Safety Program by adding new requirements that will be 
addressed in the PTSCTP curriculum.

C. Summary of Major Provisions

    The proposed rule would revise portions of part 672, ``Public 
Transportation Safety Certification Training Program,'' in title 49 of 
the Code of Federal Regulations.
    In general, this rulemaking applies to all recipients of Federal 
financial assistance under 49 U.S.C. chapter 53. However, the mandatory 
requirements of this rulemaking currently apply only to SSOA employees 
and contractors that conduct reviews, inspections, examinations, and 
other safety oversight activities of rail fixed guideway public 
transportation systems, and employees and contractors who are directly 
responsible for the safety oversight of a recipient's rail fixed 
guideway public transportation systems. In the preamble to the 2018 
final rule, FTA noted that though the regulation currently only applies 
to rail public transit providers, ``[s]hould analysis of safety data 
and trends indicate increased safety risk in the bus transit industry, 
FTA retains authority to implement mandatory training requirements for 
bus transit safety oversight personnel'' as well (83 FR 34053, at 
34055). Accordingly, FTA seeks recipient input on whether mandatory 
PTSCTP participation should extend to bus transit agencies and 
personnel.
    First, FTA proposes requiring each recipient subject to the 
requirements of this rulemaking to identify a single point of contact 
to serve as a liaison with FTA regarding PTSCTP program information, 
including changes in enrolled personnel, new participant enrollment, 
refresher training confirmation, and other administrative needs. FTA 
proposes requiring each SSOA and rail transit agency participating in 
the PTSCTP to make semiannual submissions to FTA to include 
confirmation of employees and contractors designated by the recipient 
as PTSCTP participants and the recipient's refresher training 
requirements. These submissions will

[[Page 73574]]

enable FTA to effectively monitor ongoing SSOA and rail transit agency 
compliance with PTSCTP requirements and ensure FTA receives an agency's 
PTSCTP participant information on a consistent and timely basis. FTA 
will accept submissions via email at <a href="/cdn-cgi/l/email-protection#397f6d786a585f5c4d40694b5654564d505657795d564d175e564f"><span class="__cf_email__" data-cfemail="d593819486b4b3b0a1ac85a7bab8baa1bcbabb95b1baa1fbb2baa3">[email protected]</span></a> or via 
other electronic means defined by FTA.
    Second, FTA proposes adding language to clarify existing processes 
related to PTSCTP voluntary participants. The new language addresses 
voluntary participant refresher training for employees and contractors 
of a recipient, as well as individuals not affiliated with a recipient, 
and clarifies that to receive a certificate of completion as a 
voluntary participant, individuals must complete the PTSCTP curriculum 
within three (3) years of their enrollment. Further, the proposed 
language clarifies that voluntary participants are not required to 
complete refresher training and that FTA will not issue renewal 
certificates to voluntary participants. The proposed language specifies 
that 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 refresher training within two (2) years of designation.
    Third, FTA proposes removing appendix A from the existing 49 CFR 
part 672. FTA proposes moving the SSOA requirements located in appendix 
A of the current rule to the body of the revised rule under subpart C. 
To allow for greater flexibility in addressing industry training needs, 
the PTSCTP curricula for mandatory and volunteer participants outlined 
in appendix A of the current regulation will be removed from the rule. 
FTA has published this information at: https://www.transportation.gov/tsi/public-transportation-safety-certification-training-program-ptsctp-certificate.

D. Benefits and Costs

    The proposed 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 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 
proposed rule over the first ten years from 2023--the assumed effective 
date of the rule--to 2032 in 2022 dollars. On an annualized basis, the 
rule would have net costs of $334,000 at a 7 percent discount rate 
(discounted to 2023) and $321,000 at 3 percent.

             Table 1--Summary of Economic Effects, 2023-2033
                       [$2022, discounted to 2023]
------------------------------------------------------------------------
                                            Annualized      Annualized
                  Item                         (7%)            (3%)
------------------------------------------------------------------------
Benefits:
    Cost savings for FTA staff..........          $6,317          $6,081
Costs:
    Staff enrollment....................          74,034          71,266
    Point of contact identification.....          12,339          11,878
    Point of contact responsibilities...         137,320         132,187
    Semi-annual reporting...............          24,678          23,755
    Refresher training..................          91,596          88,172
                                         -------------------------------
        Total costs.....................         339,967          32,258
                                         -------------------------------
        Net costs.......................         333,650         321,177
------------------------------------------------------------------------

II. Section-by-Section Analysis

    Throughout 49 CFR part 672, FTA proposes to eliminate existing 
references to 49 CFR part 659. This regulation was rescinded following 
the publication of 49 CFR part 674 (see 87 FR 6783), which defines 
requirements for FTA's State Safety Oversight program.

Subpart A--General Provisions

Section 672.1 Purpose
    FTA does not propose changes to this section.
Section 672.3 Scope and Applicability
    FTA proposes dividing paragraph (b) into two paragraphs to provide 
additional clarity. This change does not affect existing requirements.
    FTA has provided additional detail regarding the activities that 
serve as applicability criteria for designated personnel of SSOAs. The 
revised language uses ``reviews'' instead of ``audits'' to align with 
SSO Program terminology. The revised language adds the term 
``inspections'' to address the new SSOA requirements for risk-based 
inspections established by the Bipartisan Infrastructure Law.
Section 672.5 Definitions
    FTA proposes adding a definition of ``Initial training.'' This 
definition does not impact existing requirements and has been added to 
provide clarity regarding training required to receive an initial 
PTSCTP certificate of completion.
    FTA proposes adding a definition of ``Public Transportation Safety 
Certification Training Program curriculum''. This definition does not 
impact existing requirements and has been added to provide clarity 
regarding the courses an individual must complete as a participant.
    FTA proposes revising the existing definition of ``Rail fixed 
guideway public transportation system'' for clarity. The changes do not 
impact existing requirements.
    FTA proposes adding a definition of ``Rail transit agency.'' This 
definition does not impact existing requirements and has been added to 
provide clarity of a rail transit agency.
    FTA proposes to revise the definition of ``Federal Transit 
Administration'' to align with the definition used in other regulatory 
updates.
    FTA proposes adding a definition of ``Refresher training.'' This 
definition is added to complement the proposed definition of ``Initial 
training'' and does not impact existing requirements.
    FTA proposes adding a definition for ``Safety review.'' This 
definition has been added to clarify the term that is used in the SSOA 
applicability language in Sec.  672.3(b)(1).
    FTA proposes revising the definition of ``Designated personnel'' to 
include the ``Safety review'' language changes

[[Page 73575]]

made to the applicability criteria and the change from the term 
``audits'' to ``reviews.''
    FTA proposes adding a definition of ``Voluntary participant.'' This 
definition does not impact existing requirements and has been added to 
provide clarity regarding voluntary participation.

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
    This section establishes designation requirements for certain SSOA 
employees and contractors. FTA proposes amending existing language to 
provide clarity on the SSOA's responsibility for designating 
individuals and ensuring a designee's compliance with the applicable 
training requirements. These changes do not affect existing 
requirements.
    FTA proposes requiring SSOAs to ensure that designated personnel 
are enrolled in the PTSCTP within 30 days of designation. The three-
year deadline for completing the applicable training requirements of 
part 672 and the PTSCTP curriculum will be based on the participant's 
PTSCTP enrollment date. With this 30-day requirement, FTA is ensuring 
the accurate establishment of the three-year compliance deadline for 
designated individuals.
    FTA proposes to identify refresher training requirements for 
designated SSOA participants in a new paragraph (d). FTA proposes 
maintaining the existing PTSCTP refresher training requirement for 
SSOA-defined refresher training, which must include at least one (1) 
hour of safety oversight training. FTA proposes adding refresher 
training developed by FTA as a second required refresher training 
element.
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
    This section establishes designation requirements for certain rail 
transit agency employees and contractors. FTA proposes amending 
existing language to provide clarity on the rail transit agency's 
responsibility for designating individuals and ensuring a designee's 
compliance with the applicable training requirements. These changes do 
not affect existing requirements. FTA expects SSOAs to oversee the 
designation of rail transit agency employees and contractors who are 
directly responsible for the safety oversight of a rail fixed guideway 
public transportation system as part of their required oversight duties 
established under 49 CFR part 674.
    FTA proposes requiring rail transit agencies to ensure that 
designated personnel are enrolled in the PTSCTP within 30 days of 
designation. The three-year deadline for completing the applicable 
training requirements of part 672 and the PTSCTP curriculum will be 
based on the participant's PTSCTP enrollment date. With this 30-day 
requirement, FTA is ensuring the accurate establishment of the three-
year compliance deadline for designated individuals.
    FTA proposes to identify refresher training requirements for 
designated rail transit agency participants in a new paragraph (d). FTA 
proposes maintaining the existing PTSCTP refresher training requirement 
for refresher training defined by the rail transit agency, which must 
include at least one (1) hour of safety oversight training. FTA 
proposes adding refresher training developed by FTA as a second 
required refresher training element. FTA intends for SSOAs to oversee a 
rail transit agency's compliance with refresher training requirements 
as part of their required oversight duties established under 49 CFR 
part 674.
Section 672.15 Evaluation of Prior Certification and Training
    FTA proposes revising Sec.  672.15 to clarify existing processes 
regarding the evaluation of prior certification and training. If 
participants would like credit for a non-FTA course to meet FTA course 
requirements, FTA asks participants to submit an equivalency credit 
request form available on FTA's website (https://www.transit.dot.gov/regulations-and-guidance/safety/safety-training) via email to 
<a href="/cdn-cgi/l/email-protection#c88e9c899ba9aeadbcb198baa7a5a7bca1a7a688aca7bce6afa7be"><span class="__cf_email__" data-cfemail="3274667361535457464b62405d5f5d465b5d5c72565d461c555d44">[email protected]</span></a>. These changes do not affect existing 
requirements.
Section 672.17 Voluntary Participants
    FTA proposes adding this new section to provide clarification on 
existing processes related to PTSCTP voluntary participants. This 
section confirms FTA's classification of voluntary PTSCTP participation 
and what voluntary participation entails. FTA proposes to eliminate 
refresher training requirements previously associated with maintaining 
voluntary PTSCTP certification and no longer renew certification for 
voluntary participants. Refresher training requirements are defined for 
designated participants in Sec. Sec.  672.11(d) and 672.13(d). 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 simply need to meet the established 
refresher training requirements for designated PTSCTP participants 
within two (2) years of designation.

Subpart C--Administrative Requirements

Section 672.21 Records
    FTA proposes revising Sec.  672.21 to establish new administrative 
requirements for recipients subject to the requirements of the rule, 
including SSOAs and rail transit agencies. FTA expects to conduct 
PTSCTP-related communication with recipients through email 
(<a href="/cdn-cgi/l/email-protection#aceaf8edffcdcac9d8d5fcdec3c1c3d8c5c3c2ecc8c3d882cbc3da"><span class="__cf_email__" data-cfemail="7533213426141310010c25071a181a011c1a1b35111a015b121a03">[email protected]</span></a>) until such time as FTA defines an 
alternative method for information submission.
    FTA proposes revising Sec.  672.21(a), to clarify 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 
required refresher training every two years upon completion of the 
PTSCTP curriculum.
    In Sec.  672.21(b), FTA proposes requiring 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.
    In Sec.  672.21(c), FTA proposes to add a section outlining 
responsibilities of the identified PTSCTP POC, including informing FTA 
of changes in enrolled PTSCTP participants, enrolling new PTSCTP 
participants, and confirming refresher training requirements and 
completion for participants.
    In Sec.  672.21(d), FTA proposes to add a semiannual reporting 
requirement for PTSCTP. FTA proposes two reporting deadlines each year, 
January 31 and July 31 each year. FTA proposes requiring the identified 
PTSCTP POC to submit a current list of individuals designated as 
required PTSCTP participants, a current list of individuals at the 
agency that are enrolled voluntarily, and the course or courses that 
that agency has identified as required PTSCTP refresher training.

[[Page 73576]]

For refresher training requirement documentation, FTA proposes 
requiring the PTSCTP POC to report the specific name and length of each 
course, as well as the name of the course training provider.
    In Sec.  672.21(e), FTA proposes to clarify the existing 
requirement for SSOAs to submit their Technical Training Plan to FTA as 
part of its annual reporting requirements established at 49 CFR 674.39. 
FTA has also replaced the reference to ``System Safety Program Plan'' 
in appendix A of the current rule with ``Agency Safety Plan'' in the 
proposed Sec.  672.21(e). FTA also proposes requiring training records 
to include the minimum passing scores for proficiency tests. This 
provides FTA with the parameters for passing and failing the subject 
proficiency test and enables FTA to interpret proficiency test scores.
Section 672.23 Availability of Records
    FTA does not propose changes to this section.

Subpart D--Administrative Requirements

Section 672.31 Requirement To Certify Compliance
    FTA does not propose changes to this section.

III. 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''), 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 that the proposed rule is not significant within the 
meaning of Executive Order 12866.
Overview and Need for Regulation
    The proposed rule would add administrative and training 
requirements for SSOAs and rail transit agencies subject to the 
requirements of the PTSCTP. The rulemaking would require each agency to 
establish a point of contact who would enroll designated personnel and 
submit proof of their training. SSOAs and RTAs would also provide 
semiannual documentation to FTA. Finally, the rulemaking would require 
designated personnel to complete FTA-defined refresher training every 
two years.
Benefits
    The proposed 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 proposed rule would also lead to 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 rulemaking would 
have an estimated annual cost savings of $5,900 (table 1).

                                          Table 1--Annual Cost Savings
                                                     [$2022]
----------------------------------------------------------------------------------------------------------------
                             Staff                               Annual hours    Wages or rates    Cost savings
----------------------------------------------------------------------------------------------------------------
FTA program manager \1\.......................................              40            $93.56          $2,428
Contractor program manager....................................              12            179.32           2,152
Contractor analyst............................................              12            110.34           1,324
                                                               -------------------------------------------------
    Total.....................................................              64  ................           5,904
----------------------------------------------------------------------------------------------------------------
\1\ Wages estimated for a Washington DC-based Federal employee on the General Schedule (GS) pay scale at the
  midpoint of the GS-13 pay grade (step 5). https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2022/DCB_h.pdf.

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 2). The requirements would affect 
31 SSOAs and 64 rail transit agencies in operation as of March 1, 
2023.<SUP>1 2</SUP>
---------------------------------------------------------------------------

    \1\ Federal Transit Administration. August 3, 2022. ``State 
Safety Oversight Contacts.'' https://www.transit.dot.gov/regulations-and-guidance/safety/state-safety-oversight-contacts.
    \2\ Federal Transit Administration. 2022. ``National Transit 
Database: 2021 Annual Database Service.'' https://www.transit.dot.gov/ntd/data-product/2021-annual-database-service.

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


[[Page 73577]]

    To estimate the value of staff time spent on the requirements, FTA 
used occupational wage data from the Bureau of Labor Statistics as of 
May 2023 in the ``Transit and Ground Passenger Transportation'' 
industry (North American Industry Classification System code 
485000).\3\ For SSOA and rail transit agency points of contact, the 
closest occupational category is ``General and Operations Managers'' 
(code 11-1021). For SSOA and rail transit agency personnel completing 
training, the closest occupational category is ``Transportation 
Inspectors'' (code 53-6051). FTA used median hourly wages as a basis 
for the estimates, multiplied by 1.62 to account for employer 
benefits.\4\
---------------------------------------------------------------------------

    \3\ 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.
    \4\ 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 3--Occupational Categories and Wages Used to Value Staff Time
                                                     [$2022]
----------------------------------------------------------------------------------------------------------------
                                                                                   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.
----------------------------------------------------------------------------------------------------------------
Source: Bureau of Labor Statistics, May 2022 National Occupational Employment and Wage Estimates.

    The administrative and reporting requirements of the proposed rule 
have estimated annual costs of $318,000 (table 4). 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 4--Annual Costs for Administrative and Training Requirements
                                 [$2022]
------------------------------------------------------------------------
                     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 5 summarizes the economic effects of the proposed rule over 
the first ten years of the rule from 2023--the assumed effective date 
of the rule--to 2032 in 2022 dollars. On an annualized basis, the rule 
would have net costs of $334,000 at a 7 percent discount rate 
(discounted to 2023) and $321,000 at 3 percent.

             Table 5--Summary of Economic Effects, 2023-2033
                       [$2022, discounted to 2023]
------------------------------------------------------------------------
                                            Annualized      Annualized
                  Item                         (7%)            (3%)
------------------------------------------------------------------------
Benefits:
    Cost savings for FTA staff..........          $6,317          $6,081
Costs:
    Staff enrollment....................          74,034          71,266
    Point of contact identification.....          12,339          11,878
    Point of contact responsibilities...         137,320         132,187
    Semi-annual reporting...............          24,678          23,755
    Refresher training..................          91,596          88,172
                                         -------------------------------
        Total costs.....................         339,967         327,258
                                         -------------------------------
        Net costs.......................         333,650         321,177
------------------------------------------------------------------------

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.

[[Page 73578]]

    The proposed rule would require 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 proposed 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 rulemaking does not impose unfunded 
mandates, as defined by the Unfunded Mandates Reform Act of 1995 (Pub. 
L. 104-4, March 22, 1995). This rulemaking 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, dated August 4, 1999, 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 (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 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 refresher 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 rulemaking 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 rulemaking will involve 
unusual or extraordinary circumstances and has determined that it will 
not.

Executive Order 12630 (Taking of Private Property)

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

Executive Order 12988 (Civil Justice Reform)

    This rulemaking 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 rulemaking 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 rulemaking 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,

[[Page 73579]]

distribution, or use of energy. Therefore, a Statement of Energy 
Effects is not required.

Executive Order 12898 (Environmental Justice)

    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations) and DOT 
Order 5610.2(a) (77 FR 27534, May 10, 2012) (https://www.transportation.gov/transportation-policy/environmental-justice/department-transportation-order-56102a) require DOT agencies to achieve 
Environmental Justice (EJ) as part of their mission by identifying and 
addressing, as appropriate, disproportionately high and adverse human 
health or environmental effects, including interrelated social and 
economic effects, of their programs, policies, and activities on 
minority and low-income populations. All DOT agencies must address 
compliance with Executive Order 12898 and the DOT Order 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 (https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/environmental-justice-policy-guidance-federal-transit).
    FTA has evaluated this action under the Executive order, the DOT 
Order, and the FTA Circular and FTA has determined that this action 
will not cause disproportionately high and adverse human health and 
environmental effects on minority or low-income populations.

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 rulemaking with 
the Unified Agenda.

List of Subjects in 49 CFR Part 672

    Mass transportation, Reporting and recordkeeping requirements, 
Safety, Transportation.

Nuria I. Fernandez
Administrator.


0
For the reasons stated in the preamble, and under the authority of 49 
U.S.C. 5329(c), 5329(f), 5334, and the delegation of authority at 49 
CFR 1.91, the Federal Transit Administration proposes to revise 49 CFR 
part 672 as follows:

PART 672--Public Transportation Safety Certification Training 
Program

Sec.
Subpart A--General Provisions
673.1 Purpose.
673.3 Scope and applicability.
673.5 Definitions.
Subpart B--Training Requirements
673.11 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.
673.13 Rail transit agency employees and contractors who are 
directly responsible for the safety oversight of a rail fixed 
guideway public transportation system.
673.15 Evaluation of prior certification and training.
673.17 Voluntary participants.
Subpart C--Administrative Requirements
673.21 Records.
673.23 Availability of records.
Subpart D--Compliance and Certification Requirements
673.31 Requirement to certify compliance.

    Authority: 49 U.S.C. 5329(c)(f), 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 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 FTA, a 
State Safety Oversight Agency, 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 
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 part 674 
of this chapter.
    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

[[Page 73580]]

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.
    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.
    Refresher 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 and every two (2) years thereafter.
    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 means an agency established by a 
State that meets the requirements and performs the functions specified 
by 49 U.S.C. 5329(e) and the regulations set forth in part 674 of this 
chapter.
    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.

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 refresher training every two (2) 
years. Required refresher training shall consist of two elements:
    (1) Element 1: Refresher training defined by FTA, and
    (2) Element 2: Refresher 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 that 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 refresher training every two (2) 
years. Required refresher training shall consist of two elements:
    (1) Element 1: Specific refresher training defined by FTA, and
    (2) Element 2: Refresher 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 refresher training. FTA will not issue renewal 
certificates to 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 refresher 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;

[[Page 73581]]

    (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 refresher training 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 for 
communication with FTA regarding PTSCTP information. The recipient 
shall provide FTA, via electronic method defined by FTA, at a minimum, 
the point of contact's name, title, phone number, and email address.
    (c) Point of contact responsibilities. Each point of contact 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 refresher training 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 point of contact 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 
refresher training for their designated personnel. The agency 
identified refresher 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 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 at 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; and
    (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 refresher 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 
refresher training is due.
    (iv) 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

[[Page 73582]]

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. 2023-23515 Filed 10-25-23; 8:45 am]
BILLING CODE 4910-57-P


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