Training, Qualification, and Oversight for Safety-Related Railroad Employees

Published date22 November 2019
Citation84 FR 64447
Record Number2019-24822
SectionProposed rules
CourtFederal Railroad Administration
Federal Register, Volume 84 Issue 226 (Friday, November 22, 2019)
[Federal Register Volume 84, Number 226 (Friday, November 22, 2019)]
                [Proposed Rules]
                [Pages 64447-64452]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-24822]
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                DEPARTMENT OF TRANSPORTATION
                Federal Railroad Administration
                49 CFR Part 243
                [Docket No. FRA-2019-0095, Notice No. 1]
                RIN 2130-AC86
                Training, Qualification, and Oversight for Safety-Related
                Railroad Employees
                AGENCY: Federal Railroad Administration (FRA), Department of
                Transportation (DOT).
                [[Page 64448]]
                ACTION: Notice of proposed rulemaking (NPRM).
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                SUMMARY: In response to a petition for rulemaking, FRA proposes
                amending its regulation on Training, Qualification, and Oversight for
                Safety-Related Railroad Employees by delaying the regulation's
                implementation dates for all contractors, and those Class II and III
                railroads that are not intercity or commuter passenger railroads with
                400,000 total employee work hours annually or more.
                DATES: Written comments on the proposed rule must be received by
                December 23, 2019. FRA will consider comments received after that date
                to the extent practicable.
                ADDRESSES: You may send comments, identified by docket number FRA-2019-
                0095 and RIN 2130-AC86, by any of the following methods:
                 Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for submitting
                comments;
                 Mail: Docket Management Facility, U.S. DOT, 1200 New
                Jersey Avenue SE, W12-140, Washington, DC 20590;
                 Hand Delivery: Docket Management Facility, located in Room
                W12-140, West Building Ground Floor, U.S. DOT, 1200 New Jersey Avenue
                SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
                except Federal holidays; or
                 Fax: 202-493-2251.
                 Instructions: All submissions must include the agency name and
                docket number (Federal Railroad Administration, FRA-2019-0095) or
                Regulatory Identification Number (RIN) for this rulemaking (2130-AC86).
                All comments received will be posted without change to http://www.regulations.gov; this includes any personal information. Please see
                the Privacy Act heading in the SUPPLEMENTARY INFORMATION section of
                this document for Privacy Act information related to any submitted
                comments or materials.
                 Docket: For access to the docket to read background documents,
                petitions for reconsideration, or comments received, go to http://www.regulations.gov and follow the online instructions for accessing
                the docket or visit the Docket Management Facility described above.
                FOR FURTHER INFORMATION CONTACT: Robert J. Castiglione, Staff Director
                -Human Performance Division, Federal Railroad Administration, 4100
                International Plaza, Suite 450, Fort Worth, TX 76109-4820 (telephone:
                817-447-2715); or Alan H. Nagler, Senior Attorney, Federal Railroad
                Administration, Office of Chief Counsel, 1200 New Jersey Avenue SE,
                Washington, DC 20590 (telephone: 202-493-6038).
                SUPPLEMENTARY INFORMATION: On November 7, 2014, FRA published a final
                rule (2014 Final Rule) that established minimum training standards for
                each category and subcategory of safety-related railroad employees and
                required railroad carriers, contractors, and subcontractors to submit
                training programs to FRA for approval. See 79 FR 66459. The 2014 Final
                Rule was required by section 401(a) of the Rail Safety Improvement Act
                of 2008 (RSIA), Public Law 110-432, 122 Stat. 4883 (Oct. 16, 2008),
                codified at 49 U.S.C. 20162. The Secretary of Transportation delegated
                the authority to conduct this rulemaking and implement the rule to the
                Federal Railroad Administrator. 49 CFR 1.89(b).
                 On May 3, 2017, FRA delayed implementation dates in the 2014 Final
                Rule by one year. On April 27, 2018, FRA responded to a petition for
                reconsideration of that May 2017 rule by granting the American Short
                Line and Regional Railroad Association's (ASLRRA) request to delay the
                implementation dates by an additional year.
                Petition for Rulemaking
                 On June 27 and July 12, 2019, ASLRRA and the National Railroad
                Construction and Maintenance Association, Inc. (NRC) (collectively
                Associations) filed petitions for rulemaking that were docketed in the
                U.S. DOT's Docket Management System as FRA-2019-0050. In the June 27,
                2019 petition, ASLRRA and NRC request that FRA make several substantive
                changes to the part 243 regulation. In that petition, ASLRRA and NRC
                assert that as the regulation currently exists, it presents short line
                and regional railroads and contractors with ``substantial and
                unnecessary regulatory burdens'' and therefore additional regulatory
                flexibility should be afforded to short line and regional railroads and
                contractors. In the July 12, 2019 petition ASLRRA and NRC request that
                FRA initiate a rulemaking to delay the implementation dates in part 243
                as applicable to Class II and III railroads and contractors for two
                years while FRA considers its June 27, 2019 petition. In the
                alternative, ASLRRA and NRC ask that FRA suspend the current
                implementation dates as applied to Class II and III railroads and
                contractors.
                 ASLRRA and NRC take the position that even though some of their
                members are not small entities by FRA's definition of fewer than
                400,000 total employee work hours annually, these other entities will
                likely implement model programs in the same way as the small entities,
                rather than develop their own programs as is expected for Class I
                railroads. In the June 27, 2019 petition, the Associations state that
                Class II regional railroads are more like Class III shortlines in terms
                of structure, resources, and operations than Class I railroads. For
                example, Class II regional railroads operate trains for shorter
                distances and at lower speeds than Class I railroads. Class II regional
                railroads also were described in the June 27, 2019 petition as
                typically having fewer managerial layers and without their own training
                facilities, which would further differentiate them from Class I
                railroads. That petition also asserts that even large contractors are
                often not comparable to Class I railroads considering that a
                contractor's workforce is likely to be more spreadout, resulting in the
                contractor incurring greater implementation costs and stretched
                resources than a Class I railroad. Further, the June 27, 2019 petition
                states that FRA's regulation treats medium and large contractors the
                same as a Class I railroad even if the contractor's railroad-related
                work is only a small percentage of its work and is equal to that of a
                small entity contractor.
                FRA's Response
                 In the 2014 Final Rule's Regulatory Impact Analysis (2014 RIA), FRA
                made certain assumptions. For instance, FRA assumed that all seven
                Class I freight railroads, all 26 commuter railroads, and two intercity
                passenger railroads would not rely on model programs. Another
                assumption in the 2014 RIA was that 10 other entities (5 Class II
                railroads, 2 Class III railroads, and 3 contractors) would not rely on
                model programs. Thus, FRA agrees with the premise in ASLRRA and NRC's
                June 27, 2019 petition that, except for the approximately 45 employers
                who FRA estimated would develop their own programs, it is likely that
                the remainder will implement model programs because doing so would
                minimize costs for each employer. Treating this remainder group of
                employers in the same manner as the small entities would therefore
                reflect a more consistent approach to those employers adopting model
                programs.
                 In responding to the petitions for rulemaking, FRA is proposing to
                delay the implementation dates in the rule for all contractors, and
                those Class II and III railroads that are not intercity or commuter
                passenger railroads with 400,000 total employee work hours
                [[Page 64449]]
                annually or more. However, FRA does not agree with the request in
                ASLRRA and NRC's petition to propose delaying all the implementation
                dates for an additional two years or to suspend the rule indefinitely
                while FRA considers the other requests in the June 27, 2019 petition.
                 FRA's proposed response is specifically targeted to equalize the
                implementation dates for those employers most likely to adopt model
                programs rather than develop their own programs as FRA identified in
                the 2014 RIA. The reason for this specifically targeted proposed rule
                is that FRA is considering whether to initiate a separate rulemaking
                which would be limited to amending FRA's training regulation so that
                the regulatory text includes the latest guidance that is intended to
                help small entities and other users of model training programs. Thus,
                without any changes to the implementation dates, the targeted employers
                might not understand that the regulation contains more flexibility than
                is commonly understood or they may not feel comfortable following the
                guidance believing there is regulatory uncertainty.
                 FRA understands that many regulated entities are on schedule to
                meet the deadlines in the part 243 regulation. For those regulated
                entities that are prepared to move forward in advance of any deadline,
                there is certainly no prohibition against doing so and implementing a
                compliant training program earlier than required should benefit the
                overall safety of those employers' operations.
                 In consideration of the foregoing, FRA is proposing to reclassify
                those employers that FRA anticipates will likely adopt a model program
                so that they have the same implementation deadlines as the small
                entities. For purposes of this proposed rule, the Class II and III
                railroads and the contractors who would get relief provide training and
                operations in a manner more similar to that of a small entity than a
                Class I railroad thereby justifying delays in the implementation
                schedule. The proposed implementation date delays will not impact the
                Class I railroads, and those commuter and intercity passenger railroads
                with 400,000 total employee work hours annually or more.
                Section-by-Section Analysis
                Subpart B--Program Components and Approval Process
                Section 243.101 Employer Program Required
                 FRA proposes to amend the implementation date in Sec.
                243.101(a)(1) so that it is limited to Class I railroads, and those
                intercity or commuter passenger railroads with 400,000 total employee
                work hours annually or more. Also, FRA proposes to amend this section
                so that all employers not covered by Sec. 243.101(a)(1) will now be
                covered by Sec. 243.101(a)(2), unless the employer is commencing
                operations after January 1, 2020 and would be covered by Sec.
                243.101(b). In other words, Sec. 243.101(a)(1) would specifically
                except all contractors, and those Class II and III railroads that are
                not intercity or commuter passenger railroads with 400,000 total
                employee work hours annually or more from complying with the January 1,
                2020 training program submission implementation deadline. Instead,
                under proposed Sec. 243.101(a)(2), all contractors, and those Class II
                and III railroads that are not intercity or commuter passenger
                railroads with 400,000 total employee work hours annually or more, will
                be required to comply with a training program submission deadline of
                May 1, 2021. Thus, those entities that benefit from the proposed rule
                will have an additional 16 months to submit a training program for
                their safety-related railroad employees.
                Subpart C--Program Implementation and Oversight Requirements
                Section 243.201 Employee Qualification Requirements
                 FRA proposes to amend the implementation dates in paragraphs (a)(1)
                and (e)(1) of this section so that they are limited to Class I
                railroads, and those intercity or commuter passenger railroads with
                400,000 total employee work hours annually or more. Also, FRA proposes
                to amend this section so that all employers not covered by Sec.
                243.201 (a)(1) and (e)(1) will now be covered by Sec. 243.201(a)(2)
                and (e)(2). Please note that an employer commencing operations after
                January 1, 2020 would still be covered by Sec. 243.201(b) and would be
                expected to implement a refresher training program upon commencing
                operations.
                Regulatory Impact and Notices
                Executive Order 12866 and DOT Regulatory Policies and Procedures
                 This proposed rule is a non-significant regulatory action within
                the meaning of Executive Order 12866 and DOT policies and procedures.
                See 44 FR 11034 (Feb. 26, 1979). The proposed rule also has followed
                the guidance of Executive Order 13771, which directs agencies to reduce
                regulation and control regulatory costs and provides that ``for every
                one new regulation issued, at least two prior regulations be identified
                for elimination, and that the cost of planned regulations be prudently
                managed and controlled through a budgeting process.'' This rulemaking
                is a deregulatory action under Executive Order 13771, ``Reducing
                Regulation and Controlling Regulatory Costs.'' See 82 FR 9339, Jan. 30,
                2017.
                 As explained in the Supplementary Information section, FRA
                published the 2014 Final Rule to fulfill a statutory mandate. On May 3,
                2017, FRA delayed implementation dates in the 2014 Final Rule by one
                year. On April 27, 2018, FRA responded to a petition for
                reconsideration of that May 2017 rule by granting the ASLRRA's request
                to delay the implementation dates an additional year. FRA is issuing a
                proposed rulemaking targeted to equalize the implementation dates for
                Class II railroads, Class III railroads, and contractors regardless of
                their annual employee work hours with the exception of those intercity
                or commuter passenger railroads with 400,000 total employee work hours
                annually or more. With adoption of this proposed rule, the targeted
                employers will have until May 1, 2021 to submit a training program to
                FRA instead of the previous January 1, 2020 deadline which was
                applicable to railroads (regardless of whether they were Class II or
                III railroads), and contractors with 400,000 annual employee work hours
                or more.
                 FRA believes that the proposed rule will reduce the regulatory
                burden on the railroad industry by delaying the implementation dates.
                This proposed rule will extend the implementation deadlines for some
                regulated entities by a total of 16 months from the 2018 request. This
                proposed rule would be beneficial for regulated entities by adding time
                for some railroads and contractors to comply.
                 The costs arising from the training rule in 49 CFR part 243 over
                the 20-year period considered include: The costs of revising training
                programs to include ``hands-on'' training where appropriate, as well as
                the costs of creating entirely new training programs for any employer
                that does not have one already; the costs of customizing model training
                programs for those employers that choose to adopt a model program
                rather than create a new program; the costs of annual data review and
                analysis required in order to improve training programs; the costs of
                revising programs in later years; the costs of additional time new
                employees may have to spend in initial training; the costs of
                additional periodic oversight tests and inspections; the costs of
                additional qualification tests; and the
                [[Page 64450]]
                costs of additional time all safety-related railroad employees may have
                to spend in refresher training. FRA is proposing to reclassify those
                employers that FRA anticipated in the 2014 RIA would likely adopt a
                model program so that the regulation would reflect a more consistent
                approach to those employers adopting model programs. Until the
                petitions for rulemaking were filed, FRA did not appreciate that the
                Class II and III railroads and the contractors who were not identified
                as small entities could be expected to encounter the same types of
                obstacles to training program implementation as that of a small entity.
                The proposed implementation date delay will not impact Class I
                railroads, and those commuter and intercity passenger railroads with
                400,000 total employee work hours annually or more. However, this rule
                proposes to provide all contractors, and those Class II and III
                railroads that are not currently identified as small entities in part
                243 or commuter or intercity passenger railroads with 400,000 total
                employee work hours annually or more, with an additional 16 months to
                submit a training program for their safety-related railroad employees.
                FRA is also proposing that those same employers get an additional 16
                months to designate each of their existing safety-related railroad
                employees by occupational category or subcategory, and only permit
                designated employees to perform safety-related service in that
                occupational category or subcategory. Finally, FRA proposes that those
                same employers get one additional year to complete refresher training
                for each of their safety-related railroad employees. With this proposed
                rule, the training program submission date for Class II railroads,
                Class III railroads, and contractors regardless of their annual
                employee work hours, with the exception of those intercity or commuter
                passenger railroads with 400,000 total employee work hours annually or
                more, would be delayed from January 1, 2020, to a new implementation
                date of May 1, 2021; the designation of employee date would be delayed
                from September 1, 2020, to a new implementation date of January 1,
                2022; and, the deadline for the first refresher training cycle would be
                delayed from December 31, 2024, to a new deadline of December 31, 2025.
                 FRA believes that additional hands-on and refresher training will
                reduce the frequency and severity of some future accidents and
                incidents. Expected safety benefits were calculated using full accident
                costs, which are based on past accident history, the values of
                preventing future fatalities and injuries sustained, and the cost of
                property damage. Full accident costs are determined by the number of
                fatalities and injuries multiplied by their respective prevention
                valuations, and the cost of property damage. By delaying the
                implementation dates, all contractors, and those Class II and III
                railroads that are not intercity or commuter passenger railroads with
                400,000 total employee work hours annually or more will realize a cost
                savings. All contractors, and those Class II and III railroads that are
                not intercity or commuter passenger railroads with 400,000 total
                employee work hours annually or more will not incur costs during the
                first 16 months of this analysis. Also, costs incurred in future years
                will be discounted an extra 16 months, which will decrease the present
                value burden. The present value of costs would be less than if the
                original implementation dates were maintained. FRA has estimated this
                cost savings to be approximately $3.0 million, at a 7% discount rate,
                for impacted railroads and contractors that will experience relief as a
                result of this proposed rule.
                Regulatory Flexibility Determination
                 The Regulatory Flexibility Act of 1980, 5 U.S.C. 601 et seq., and
                Executive Order 13272, 67 FR 53461 (Aug. 16, 2002), require agency
                review of proposed and final rules to assess their impact on small
                entities. An agency must prepare an initial regulatory flexibility
                analysis (IRFA) unless it determines and certifies that a rule, if
                promulgated, would not have a significant impact on a substantial
                number of small entities. Pursuant to the Regulatory Flexibility Act of
                1980, 5 U.S.C. 605(b), the FRA Administrator certifies that this
                proposed rule would not have a significant economic impact on a
                substantial number of small entities.
                 ``Small entity'' is defined in 5 U.S.C. 601 as including a small
                business concern that is independently owned and operated, and is not
                dominant in its field of operation. The U.S. Small Business
                Administration (SBA) has authority to regulate issues related to small
                businesses, and stipulates in its size standards that a ``small
                entity'' in the railroad industry is a for profit ``linehaul railroad''
                that has fewer than 1,500 employees, a ``short line railroad'' with
                fewer than 500 employees, or a ``commuter rail system'' with annual
                receipts of less than 15 million dollars. See ``Size Eligibility
                Provisions and Standards,'' 13 CFR part 121, subpart A. Additionally, 5
                U.S.C. 601(5) defines as ``small entities'' governments of cities,
                counties, towns, townships, villages, school districts, or special
                districts with populations less than 50,000. Federal agencies may adopt
                their own size standards for small entities, in consultation with SBA
                and in conjunction with public comment. Pursuant to that authority, FRA
                has published a final statement of agency policy that formally
                establishes ``small entities'' or ``small businesses'' as being
                railroads, contractors, and hazardous materials shippers that meet the
                revenue requirements of a Class III railroad as set forth in 49 CFR
                1201.1-1, which is $20 million or less in inflation-adjusted annual
                revenues, and commuter railroads or small governmental jurisdictions
                that serve populations of 50,000 or less. See 68 FR 24891 (May 9,
                2003), codified at appendix C to 49 CFR part 209. The $20-million limit
                is based on the Surface Transportation Board's revenue threshold for a
                Class III railroad. Railroad revenue is adjusted for inflation by
                applying a revenue deflator formula in accordance with 49 CFR 1201.1-1.
                FRA is using this definition for this rulemaking.
                 The requirements of this proposed rule would apply to employers of
                safety-related railroad employees that FRA previously determined were
                not small entities. This proposed rule would have no direct impact on
                small units of government, businesses, or other organizations. State
                rail agencies are not required to participate in this program. State
                owned railroads would receive a positive impact by having additional
                time to comply. Therefore, the proposed rule would not impact any small
                entities. Pursuant to the Regulatory Flexibility Act, 5 U.S.C. 601(b),
                the FRA Administrator hereby certifies that this proposed rule would
                not have a significant impact on a substantial number of small
                entities. FRA requests comments on all aspects of this certification.
                Paperwork Reduction Act
                 There are no new collection of information requirements contained
                in this proposed rule and, in accordance with the Paperwork Reduction
                Act of 1995, 44 U.S.C. 3501 et seq., the recordkeeping and reporting
                requirements already contained in the 2014 Final Rule have been
                approved by OMB. The OMB approval number is OMB No. 2130-0597. Thus,
                FRA is not required to seek additional OMB approval under the Paperwork
                Reduction Act.
                [[Page 64451]]
                Federalism Implications
                 This proposed rule will not have a substantial 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. Thus in accordance with Executive Order
                13132, ``Federalism'' (64 FR 43255, Aug. 10, 1999), preparation of a
                Federalism Assessment is not warranted.
                International Trade Impact Assessment
                 The Trade Agreement Act of 1979 prohibits Federal agencies from
                engaging in any standards or related activities that create unnecessary
                obstacles to the foreign commerce of the United States. Legitimate
                domestic objectives, such as safety, are not considered unnecessary
                obstacles. The statute also requires consideration of international
                standards and where appropriate, that they be the basis for U.S.
                standards.
                 This proposed rule is purely domestic in nature and is not expected
                to affect trade opportunities for U.S. firms doing business overseas or
                for foreign firms doing business in the United States.
                Environmental Impact
                 FRA has evaluated this proposed rule in accordance with its
                ``Procedures for Considering Environmental Impacts'' (FRA's Procedures)
                (64 FR 28545, May 26, 1999) as required by the National Environmental
                Policy Act (42 U.S.C. 4321 et seq.), other environmental statutes,
                Executive Orders, and related regulatory requirements. FRA has
                determined that this proposed rule is not a major FRA action, requiring
                the preparation of an environmental impact statement or environmental
                assessment, because it is categorically excluded from detailed
                environmental review pursuant to section 4(c)(20) of FRA's Procedures.
                See 64 FR 28547 (May 26, 1999).
                 In accordance with section 4(c) and (e) of FRA's Procedures, the
                agency has further concluded that no extraordinary circumstances exist
                with respect to this proposed rule that might trigger the need for a
                more detailed environmental review. As a result, FRA finds that this
                proposed rule is not a major Federal action significantly affecting the
                quality of the human environment.
                Unfunded Mandates Reform Act of 1995
                 Pursuant to section 201 of the Unfunded Mandates Reform Act of 1995
                (Pub. L. 104-4, 2 U.S.C. 1531), each Federal agency shall, unless
                otherwise prohibited by law, assess the effects of Federal regulatory
                actions on State, local, and tribal governments, and the private sector
                (other than to the extent that such regulations incorporate
                requirements specifically set forth in law). Section 202 of the Act (2
                U.S.C. 1532) further requires that before promulgating any general
                notice of proposed rulemaking that is likely to result in the
                promulgation of any rule that includes any Federal mandate that may
                result in expenditure by State, local, and tribal governments, in the
                aggregate, or by the private sector, of $100,000,000 or more (adjusted
                annually for inflation) in any 1 year, and before promulgating any
                final rule for which a general notice of proposed rulemaking was
                published, the agency shall prepare a written statement detailing the
                effect on State, local, and tribal governments and the private sector.
                This proposed rule will not result in such an expenditure, and thus
                preparation of such a statement is not required.
                Energy Impact
                 Executive Order 13211 requires Federal agencies to prepare a
                Statement of Energy Effects for any ``significant energy action.'' 66
                FR 28355 (May 22, 2001). FRA evaluated this proposed rule in accordance
                with Executive Order 13211, and determined that this regulatory action
                is not a ``significant energy action'' within the meaning of the
                Executive Order.
                 Executive Order 13783, ``Promoting Energy Independence and Economic
                Growth,'' requires Federal agencies to review regulations to determine
                whether they potentially burden the development or use of domestically
                produced energy resources, with particular attention to oil, natural
                gas, coal, and nuclear energy resources. 82 FR 16093 (Mar. 31, 2017).
                FRA determined this proposed rule will not burden the development or
                use of domestically produced energy resources.
                Privacy Act
                 In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
                public to better inform its rulemaking process. DOT posts these
                comments, without edit, to www.regulations.gov, as described in the
                system of records notice, DOT/ALL-14 FDMS, accessible through
                www.dot.gov/privacy. In order to facilitate comment tracking and
                response, we encourage commenters to provide their name, or the name of
                their organization; however, submission of names is completely
                optional. Whether or not commenters identify themselves, all timely
                comments will be fully considered. If you wish to provide comments
                containing proprietary or confidential information, please contact the
                agency for alternate submission instructions.
                List of Subjects in 49 CFR Part 243
                 Administrative practice and procedure, Penalties, Railroad
                employees, Railroad safety, Reporting and recordkeeping requirements.
                The Proposed Rule
                 For the reasons discussed in the preamble, FRA proposes to amend
                part 243 of chapter II, subtitle B of title 49 of the Code of Federal
                Regulations as follows:
                PART 243--TRAINING, QUALIFICATION, AND OVERSIGHT FOR SAFETY-RELATED
                RAILROAD EMPLOYEES [AMENDED]
                0
                1. The authority citation for part 243 continues to read as follows:
                 Authority: 49 U.S.C. 20103, 20107, 20131-20155, 20162, 20301-
                20306, 20701-20702, 21301-21304, 21311; 28 U.S.C. 2461, note; and 49
                CFR 1.89.
                Subpart B--Program Components and Approval Process
                0
                 2. Revise Sec. 243.101 paragraph (a) to read as follows:
                Sec. 243.101 Employer program required.
                 (a)(1) Effective January 1, 2020, each Class I railroad, and each
                intercity or commuter passenger railroad conducting operations subject
                to this part with 400,000 total employee work hours annually or more,
                shall submit, adopt, and comply with a training program for its safety-
                related railroad employees.
                 (2) Effective May 1, 2021, each employer conducting operations
                subject to this part not covered by paragraph (a)(1) of this section
                shall submit, adopt, and comply with a training program for its safety-
                related railroad employees.
                * * * * *
                Subpart C--Program Implementation and Oversight Requirements
                0
                3. Revise Sec. 243.201 paragraphs (a)(1) and (2), and (e)(1) and (2)
                to read as follows:
                Sec. 243.201 Employee qualification requirements.
                 (a) * * *
                 (1) By no later than September 1, 2020, each Class I railroad, and
                each intercity or commuter passenger railroad conducting operations
                subject to this part with 400,000 total employee work hours annually or
                more in operation as of January 1, 2020, shall declare the designation
                of each of its
                [[Page 64452]]
                existing safety-related railroad employees by occupational category or
                subcategory, and only permit designated employees to perform safety-
                related service in that occupational category or subcategory. The
                Associate Administrator may extend this period based on a written
                request.
                 (2) By no later than January 1, 2022, each employer conducting
                operations subject to this part not covered by paragraph (a)(1) of this
                section in operation as of January 1, 2021, shall declare the
                designation of each of its existing safety-related railroad employees
                by occupational category or subcategory, and only permit designated
                employees to perform safety-related service in that occupational
                category or subcategory. The Associate Administrator may extend this
                period based on a written request.
                * * * * *
                 (e) * * *
                 (1) Beginning January 1, 2022, each Class I railroad, and each
                intercity or commuter passenger railroad conducting operations subject
                to this part with 400,000 total employee work hours annually or more,
                shall deliver refresher training at an interval not to exceed 3
                calendar years from the date of an employee's last training event,
                except where refresher training is specifically required more
                frequently in accordance with this chapter. If the last training event
                occurs before FRA's approval of the employer's training program, the
                employer shall provide refresher training either within 3 calendar
                years from that prior training event or no later than December 31,
                2024. Each employer shall ensure that, as part of each employee's
                refresher training, the employee is trained and qualified on the
                application of any Federal railroad safety laws, regulations, and
                orders the person is required to comply with, as well as any relevant
                railroad rules and procedures promulgated to implement those Federal
                railroad safety laws, regulations, and orders.
                 (2) Beginning May 1, 2023, each employer conducting operations
                subject to this part not covered by paragraph (e)(1) of this section
                shall deliver refresher training at an interval not to exceed 3
                calendar years from the date of an employee's last training event,
                except where refresher training is specifically required more
                frequently in accordance with this chapter. If the last training event
                occurs before FRA's approval of the employer's training program, the
                employer shall provide refresher training either within 3 calendar
                years from that prior training event or no later than December 31,
                2025. Each employer shall ensure that, as part of each employee's
                refresher training, the employee is trained and qualified on the
                application of any Federal railroad safety laws, regulations, and
                orders the person is required to comply with, as well as any relevant
                railroad rules and procedures promulgated to implement those Federal
                railroad safety laws, regulations, and orders.
                 Issued in Washington, DC.
                Ronald L. Batory,
                Administrator, Federal Railroad Administration.
                [FR Doc. 2019-24822 Filed 11-21-19; 8:45 am]
                BILLING CODE 4910-06-P
                

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