Federal Register / Vol. 88, No. 206 / Thursday, October 26, 2023 / Proposed Rules 73573 

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: 

• Federal eRulemaking 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. 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 philip.monty@

dot.gov. For legal matters, contact Mark 

Montgomery, Office of Chief Counsel, 

(202) 366–1017 or mark.montgomery@

dot.gov. 

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 


ddrumheller on DSK120RN23PROD with PROPOSALS1
73574 Federal Register / Vol. 88, No. 206 / Thursday, October 26, 2023 / Proposed Rules 

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 

FTASafetyPromotion@dot.gov 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/publictransportation-safety-certificationtraining-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] 

Item Annualized 

(7%) 

Annualized 

(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 § 672.3(b)(1). 

FTA proposes revising the definition 

of ‘‘Designated personnel’’ to include 

the ‘‘Safety review’’ language changes 


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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 § 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/safetytraining) via email to 

FTASafetyPromotion@dot.gov. 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 

§§ 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 § 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 (FTASafetyPromotion@dot.gov) 

until such time as FTA defines an 

alternative method for information 

submission. 

FTA proposes revising § 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 § 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 § 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 § 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. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
73576 Federal Register / Vol. 88, No. 206 / Thursday, October 26, 2023 / Proposed Rules 

1Federal Transit Administration. August 3, 2022. 

‘‘State Safety Oversight Contacts.’’ https://

www.transit.dot.gov/regulations-and-guidance/ 

safety/state-safety-oversight-contacts. 

2Federal Transit Administration. 2022. ‘‘National 

Transit Database: 2021 Annual Database Service.’’ 

https://www.transit.dot.gov/ntd/data-product/2021- 

annual-database-service. 

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 § 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 § 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 

1Wages 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, 2023.1 2

TABLE 2—ANNUAL STAFF AND HOURS NEEDED TO MEET REQUIREMENTS

Requirement Affected entities Annual hours Total hours 

Staff enrollment ........................................... 31 SSOAs; 64 rail transit agencies ................................................ 12 ..................... 1,140 

Point of contact identification ...................... 31 SSOAs; 64 rail transit agencies ................................................ 2 ....................... 190 

Point of contact responsibilities ................... 31 SSOAs; 64 rail transit agencies ................................................ 24 ..................... 2,280 

Semi-annual reporting ................................. 31 SSOAs; 64 rail transit agencies ................................................ 4 ....................... 380 

Refresher training ........................................ 175 SSOA employees; 439 rail transit agency employees ........... 4 (8 hours every 

2 years).

2,456 

Total ...................................................... ......................................................................................................... ........................... 6,446 


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3Bureau 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. 

4Multiplier 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. 

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

TABLE 3—OCCUPATIONAL CATEGORIES AND WAGES USED TO VALUE STAFF TIME

[$2022] 

Staff Occupational category Code Median 

hourly wage 

Wage 

with benefits 

SSOA and RTA POCs .................................... General and Operations Managers ............... 11–1021 37.63 60.69 

SSOA and RTA personnel .............................. Transportation Inspectors .............................. 53–6051 21.61 34.86 

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] 

Item Annualized 

(7%) 

Annualized 

(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. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
73578 Federal Register / Vol. 88, No. 206 / Thursday, October 26, 2023 / Proposed Rules 

The proposed rule would require 

SSOAs and rail transit agencies to meet 

additional administrative requirements. 

Under the Regulatory Flexibility Act, 

local governments and other publicsector 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, 


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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/environmentaljustice/department-transportationorder-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-guidancefederal-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. 

■ 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 

§ 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. 

§ 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. 

§ 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 


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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 § 672.11(a) or 

§ 672.13(a), and 

(2) Individuals who are not employees 

or contractors of an applicable recipient. 

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. 

(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. 

§ 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. 

§ 672.15 Evaluation of prior certification 

and training. 

(a) PTSCTP participants or an 

identified point of contact described in 

§ 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. 

§ 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 

§ 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; 


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(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 § 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 


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periodic review of employee 

performance. 

§ 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 

§ 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 § 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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