82 FR 20549 - Training, Qualification, and Oversight for Safety-Related Railroad Employees
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration Federal Register Volume 82, Issue 84 (May 3, 2017)
Federal Railroad Administration
Federal Register Volume 82, Issue 84 (May 3, 2017)
| Page Range | 20549-20553 | |
| FR Document | 2017-08944 |
[Federal Register Volume 82, Number 84 (Wednesday, May 3, 2017)] [Rules and Regulations] [Pages 20549-20553] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-08944] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration 49 CFR Part 243 [Docket No. FRA-2009-0033, Notice No. 4] RIN 2130-AC68 Training, Qualification, and Oversight for Safety-Related Railroad Employees AGENCY: Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Final rule; delay of implementation dates. ----------------------------------------------------------------------- SUMMARY: This document delays the implementation dates in the final rule published November 7, 2014, because model training program developers alerted FRA they will not be able to timely produce model programs that an estimated 1,459 railroads and contractors are expected to use to comply with the rule's program submission requirements. DATES: This regulation is effective June 2, 2017. Petitions for reconsideration of this delay must be received on or before May 23, 2017. Petitions for reconsideration will be posted in the docket for this proceeding. Comments on any submitted petition for reconsideration must be received on or before June 19, 2017. ADDRESSES: Petitions for reconsideration or comments on such petitions: Any petitions and any comments on petitions related to Docket No. FRA- 2009-0033 may be submitted by any of the following methods:Online: Comments should be filed at the Federal eRulemaking Portal, http://www.regulations.gov. Follow the online instructions for submitting comments. Fax: 202-493-2251. Mail: Docket Management Facility, U.S. DOT, 1200 New Jersey Avenue SE., W12-140, Washington, DC 20590. Hand Delivery: Room W12-140 on the Ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m. Monday through Friday, except federal holidays. Instructions: All submissions must include the agency name and docket number or Regulatory Identification Number (RIN) for this rulemaking. All petitions and 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 petitions or materials. Docket: For access to the docket to read background documents or comments received, go to http://www.regulations.gov at any time or to Room W12-140 on the Ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m. Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Robert J. Castiglione, Staff Director--Technical Training, U.S. Department of Transportation, Federal Railroad Administration, 4100 International Plaza, Suite 450, Fort Worth, TX 76109-4820 (telephone: 817-447-2715); or Alan H. Nagler, Senior Trial Attorney, U.S. Department of Transportation, Federal Railroad Administration, Office of Chief Counsel, RCC-10, Mail Stop 10, West Building 3rd Floor, Room W31-309, 1200 New Jersey Avenue SE., Washington, DC 20590 (telephone: 202-493-6038). SUPPLEMENTARY INFORMATION: FRA issued a final rule establishing minimum training standards for each category and subcategory of safety-related railroad employees and requiring railroad carriers, contractors, and subcontractors to submit training programs to FRA for FRA approval. The final rule was published November 7, 2014 (79 FR 66459) and was effective on January 6, 2015 (2014 Final Rule). The 2014 Final Rule was required by section 401(a) of the Rail Safety Improvement Act of 2008, Public Law 110-432, 122 Stat. 4883 (Oct. 16, 2008), codified at 49 U.S.C. 20162, and the Secretary of [[Page 20550]] Transportation delegated the authority to conduct this rulemaking and implement the rule to the Federal Railroad Administrator. 49 CFR 1.89(b). In the preamble to the 2014 Final Rule, FRA noted the importance of establishing implementation dates and providing incentives for the early filing of model programs to improve the efficiency and effectiveness of the review process. FRA recognized it was paramount to give model program developers sufficient time to develop programs and receive FRA approval. FRA also recognized that employers would not use those model programs unless the employers were given a reasonable time to consider using those programs before the employers' deadline for implementation. Consequently, the 2014 Final Rule provided model program developers with an incentive to file all model programs by May 1, 2017--eight months before the first employers would have to submit model programs and two years before smaller employers (i.e., those employers with less than 400,000 total employee work hours annually) would have to submit their model programs. See Sec. Sec. 243.105(a)(3), and 243.101(a)(1) and (2). The incentive to submit early was a guarantee from FRA that the model program would be considered approved so it could be implemented within 180 days after the date of submission unless FRA identified that all or part of the program did not conform to the rule requirements. After publishing the 2014 Final Rule, FRA took significant steps to educate the regulated community on its requirements. On May 1, 2015, FRA notified the regulated community it issued an Interim Final Compliance Guide published in the rulemaking docket. The guide illustrates ways to comply with the rule, provides the requirements in a different format to make it quicker and easier to understand, and answers questions FRA believes are likely to be frequently asked. Any sized employer can use this guide as a quick way to determine if FRA will likely find the employer's training program complies with the 2014 Final Rule. The guide was ``Interim Final'' because it was effective upon publication and signaled FRA would consider amending the guidance based on comments received. FRA considered all comments received by the June 30, 2015 deadline and considered many late-filed comments, as practicable, before issuing the Final Compliance Guide published in the rulemaking docket May 25, 2016. FRA personnel also conducted significant outreach to the regulated community; making presentations at association conferences; participating in association-sponsored webinars; and having numerous meetings, conference calls, and other exchanges of information in which FRA answered questions as they arose. FRA included many of the questions and answers with broad industry scope in the Final Compliance Guide. On March 20, 2017, FRA added information to its Web site to more broadly disseminate information about the 2014 Final Rule's requirements. See https://www.fra.dot.gov/Page/P1023. The information on FRA's Web site provides quick links to FRA's Final Compliance Guide, Frequently Asked Questions (FAQs), the portal for submitting training programs, and an electronic Shareholder Training Matrix (Matrix). The Matrix allows individuals to search general job categories and titles to determine whether training is required for a particular rule and what kind of training is required (i.e., formal or on-the-job training, or a briefing only). Anyone can use the Matrix to determine what regulatory provisions must be included in a training program. During FRA's outreach on the 2014 Final Rule, FRA heard concerns from the American Short Line and Regional Railroad Association (ASLRRA) and National Railroad Construction and Maintenance Association, Inc. (NRC), two of the associations identified in the Regulatory Impact Analysis (RIA) as likely model program developers. These two associations represent most of the 1,459 employers FRA projected would adopt model training programs rather than develop their own.\1\ ASLRRA requested FRA's help in developing its model programs for its members, and FRA provided training documents FRA uses to train the agency's personnel on federal rail safety requirements. In December 2016, FRA completed sharing the last of those documents with ASLRRA. Because the training materials FRA made available to ASLRRA may be useful for others in the regulated community, FRA will also make them available on FRA's Web site. ASLRRA has submitted several model training programs to FRA and has made significant strides towards completing some programs. However, ASLRRA still has a significant number of training programs left to develop and submit. --------------------------------------------------------------------------- \1\ The RIA for the 2014 Final Rule provided the estimated costs and benefits, and explained FRA based this analysis on the premise that ``most small railroads and contractors will use consortiums or model training programs developed by industry associations . . . thereby minimizing costs.'' RIA at 15. In the RIA, FRA estimated that 1,459 railroads and contractors would use model programs. --------------------------------------------------------------------------- Similarly, NRC informed FRA it found certain aspects of the rule confusing to implement and difficult for contractors to apply in practice. Despite FRA's efforts since 2015 to explain the regulatory requirements to NRC and its members through multiple webinars, conference calls, and other outreach, NRC informed FRA it needs more time to develop and submit model training programs the 2014 Final Rule requires. The fact that both ASLRRA and NRC have notified FRA they cannot submit most or all of their model training programs by the May 1, 2017 deadline significantly impacts the costs associated with the rule and complicates the approval process. The 1,459 employers would bear significantly higher costs developing personalized training programs, rather than adopting model programs that are generic enough to apply to any size railroad or contractor. Further, FRA's resources would be stretched thin reviewing up to 1,459 individual employer programs, rather than a relatively small number of model programs. In addition, if FRA gives the associations additional time to produce model programs, FRA expects the quality of those model programs will be much better than those separately prepared by a large number of individual small or medium employers. The additional time to implement the rule should also help model training program developers and other regulated entities comply with the final rule. Nevertheless, any individual employer, model training program developer, or other regulated person that finds these revised implementation deadlines difficult to comply with may file a waiver requesting additional time as permitted by 49 CFR part 211, subpart C for FRA approval. FRA would appreciate receiving any such request for additional time to comply with the implementation dates no earlier than four months before the relevant implementation deadline. Of course, nothing in this rule affects the ability of any regulated entity from complying with the requirements in advance of any deadline. In consideration of the foregoing, FRA delays each of the implementation dates in the 2014 Final Rule by one year. [[Page 20551]] Section-by-Section Analysis Subpart B--Program Components and Approval Process Section 243.101 Employer Program Required The implementation dates in this section are delayed by one year so all employers will have an additional year to develop and submit training programs. Specifically, in paragraphs (a)(1) and (b), the January 1, 2018 implementation dates are changed to January 1, 2019. In paragraph (a)(2), the implementation date in the 2014 Final Rule was dependent on the date FRA issued the Interim Final Compliance Guide published May 1, 2015. Because that date has passed, and FRA can now calculate the specific implementation date in paragraph (a)(2), FRA calculated that implementation date and added an additional year. Consequently, the May 1, 2019 implementation date is changed to May 1, 2020. It is also no longer necessary to reference the Interim Final Compliance Guide. Section 243.105 Optional Model Program Development The implementation date in paragraph (a)(3) of this section is delayed by one year. Consequently, model program developers will have an additional year to submit model programs. Instead of a May 1, 2017 implementation date, model program developers will have until May 1, 2018, for their programs to be considered approved by FRA and can be implemented 180 days after the date of submission. Section 243.111 Approval of Programs Filed by Training Organizations or Learning Institutions Each training organization or learning institution that has provided training services to employers this part covers will have an extra year to continue to offer such training services without FRA approval. The 2014 Final Rule specified that a training organization or learning institution that has provided training services to employers covered by this part before January 1, 2017, may continue to offer such training services without FRA approval until January 1, 2018. FRA amends paragraph (b) of this section so that both dates are delayed by one year. That requirement now reads that a training organization or learning institution that has provided training services to employers covered by this part before January 1, 2018, may continue to offer such training services without FRA approval until January 1, 2019. Subpart C--Program Implementation and Oversight Requirements Section 243.201 Employee Qualification Requirements The implementation dates in this section are delayed by one year so all employers have an additional year 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. In paragraph (a)(1), the September 1, 2018 implementation date is changed to September 1, 2019. In paragraph (a)(2), the implementation date in the 2014 Final Rule was dependent on the date FRA issued the Interim Final Compliance Guide published May 1, 2015. Because that date has passed, and FRA can now calculate the specific implementation date in paragraph (a)(2), FRA calculated that implementation date and added an additional year. Consequently, the May 1, 2019 implementation date is changed to January 1, 2021. It also is no longer necessary to reference the Interim Final Compliance Guide. In paragraph (b), the January 1, 2018 implementation date is changed to January 1, 2019. In paragraphs (e)(1) and (2), the implementation dates for refresher training are also delayed by one year. Thus, the January 1, 2020 implementation date in paragraph (e)(1) is changed to January 1, 2021, and completion of that refresher training for each employee must be completed by no later than December 31, 2023, instead of the 2014 Final Rule requirement of December 31, 2022. In paragraph (e)(2), each employer with less than 400,000 total employee work hours annually must implement a refresher training program by May 1, 2022, rather than the 2014 Final Rule requirement of May 1, 2021, and complete that refresher training for each employee by no later than December 31, 2024, instead of the 2014 Final Rule requirement of December 31, 2023. Public Proceedings The Administrative Procedure Act generally requires agencies to provide the public with notice of proposed rulemaking and an opportunity to comment prior to publication of a substantive rule. However, 5 U.S.C. 553(b)(3)(B) authorizes agencies to dispense with notice and comment ``when the agency for good cause finds that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.'' FRA finds that providing notice and an opportunity to comment would be impracticable and contrary to the public interest. The first of several implementation deadlines for the regulated community is forthcoming on May 1, 2017. Providing notice and an opportunity to comment would likely preclude FRA from delaying the implementation dates before this important deadline passes. Delaying the implementation dates is necessary to ensure model programs have a chance to succeed. If FRA does not delay the implementation dates, costs to the regulated community and FRA are expected to escalate, and the quality of training programs is expected to decrease, which would be contrary to the public interest. Regulatory Impact and Notices Executive Orders 12866 and 13563 and DOT Regulatory Policies and Procedures This rule has been evaluated in accordance with existing regulatory policies and procedures and is considered to be nonsignificant under both Executive Orders 12866 and 13563 and DOT policies and procedures. See 44 FR 11034, Feb. 26, 1979. This rule is beneficial for regulated entities by adding time to comply with the 2014 Final Rule and imposing no costs. Because any regulated entity may file according to the 2014 Final Rule's schedule or the extended schedule in this final rule, there are no specific costs associated with this rule. Regulatory Flexibility Act and Executive Order 13272; Final Regulatory Flexibility Assessment FRA determines and certifies that this final rule is not expected to have a significant impact on a substantial number of small entities. The requirements of this rule will apply to employers of safety-related railroad employees, whether the employers are railroads, contractors, or subcontractors. Although a substantial number of small entities are subject to this rule, the rule provides relief by extending all of the implementation dates in the 2014 Final Rule. Thus, the economic impact of this rule will not be significant because it will only provide additional time for all entities to comply. This final rule will 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 [[Page 20552]] railroads will receive a positive impact by having additional time to comply. Paperwork Reduction Act There are no new collection of information requirements contained in this final rule and, in accordance with the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq., the record keeping and reporting requirements already contained in this rule have been approved by the Office of Management and Budget. The OMB approval number is OMB No. 2130-0597. The information collection requirements of this rule became effective when they were approved by OMB. Federalism Implications This 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 final 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 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 final 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 final rule that might trigger the need for a more detailed environmental review. As a result, FRA finds that this final 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 final 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 has evaluated this final rule in accordance with Executive Order 13211, and has determined that this regulatory action is not a ``significant energy action'' within the meaning of the Executive Order. Privacy Act Anyone is able to search the electronic form of all comments received into any of DOT's dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement published in the Federal Register on April 11, 2000 (Volume 65, Number 70, Pages 19477-78), or you may visit http://DocketsInfo.dot.gov. List of Subjects in 49 CFR Part 243 Administrative practice and procedure, Penalties, Railroad employees, Railroad safety, Reporting and recordkeeping requirements. The Final Rule For the reasons discussed in the preamble, FRA amends chapter II, subtitle B of title 49 of the Code of Federal Regulations as follows: PART 243--[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--[Amended] 0 2. Revise 243.101(a) and (b) to read as follows: Sec. 243.101 Employer program required. (a)(1) Effective January 1, 2019, each employer 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, 2020, each employer conducting operations subject to this part with less than 400,000 total employee work hours annually shall submit, adopt, and comply with a training program for its safety-related railroad employees. (b) Except for an employer subject to the requirement in paragraph (a)(2) of this section, an employer commencing operations subject to this part after January 1, 2019, shall submit a training program for its safety-related railroad employees before commencing operations. Upon commencing operations, the employer shall adopt and comply with the training program. * * * * * 0 3. Revise 243.105(a)(3) to read as follows: Sec. 243.105 Optional model program development. (a) * * * (3) Each model training program submitted to FRA before May 1, 2018, is considered approved and may be implemented 180 days after the date of submission unless the Associate Administrator advises the organization, business, or association that developed and submitted the program that all or part of the program does not conform. * * * * * [[Page 20553]] 0 4. Revise 243.111(b) to read as follows: Sec. 243.111 Approval of programs filed by training organizations or learning institutions. * * * * * (b) A training organization or learning institution that has provided training services to employers covered by this part before January 1, 2018, may continue to offer such training services without FRA approval until January 1, 2019. The Associate Administrator may extend this period at any time based on a written request. Such written requests for an extension of time to submit a program should contain any factors the training organization or learning institution wants the Associate Administrator to consider before approving or disapproving the extension. * * * * * Subpart C--Program Implementation and Oversight Requirements-- [Amended] 0 5. Revise 243.201(a)(1) and (2), (b), and (e)(1) and (2) to read as follows: Sec. 243.201 Employee qualification requirements. (a) * * * (1) By no later than September 1, 2019, each employer with 400,000 total employee work hours annually or more in operation as of January 1, 2019, 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. (2) By no later than January 1, 2021, each employer with less than 400,000 total employee work hours annually in operation as of January 1, 2020, 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. (b) Except for an employer subject to the requirement in paragraph (a)(2) of this section, an employer commencing operations after January 1, 2019 shall declare the designation of each of its existing safety- related railroad employees by occupational category or subcategory before beginning operations, and only permit designated employees to perform safety-related service in that category or subcategory. Any person designated shall have met the requirements for newly hired employees or those assigned new safety-related duties in accordance with paragraph (c) of this section. * * * * * (e) * * * (1) Beginning January 1, 2021, each employer 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, 2023. 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, 2022, each employer with less than 400,000 total employee work hours annually 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. Patrick T. Warren, Acting Administrator. [FR Doc. 2017-08944 Filed 5-2-17; 8:45 am] BILLING CODE 4910-06-P
![Federal Register / Vol. 82, No. 84 / Wednesday, May 3, 2017 / Rules and Regulations 20549
(b) Implementation—(1) Do I have to Subpart E—Reporting Fatality, Injury • Online: Comments should be filed
update the OSHA 300 Log during the and Illness Information to the at the Federal eRulemaking Portal,
five-year storage period? Yes, during the Government http://www.regulations.gov. Follow the
storage period, you must update your online instructions for submitting
stored OSHA 300 Logs to include newly ■ 10. Revise the heading of subpart E to comments.
discovered recordable injuries or read as set forth above. • Fax: 202–493–2251.
illnesses and to show any changes that ■ 11. Revise the heading and paragraph • Mail: Docket Management Facility,
have occurred in the classification of (a) of § 1904.40 to read as follows: U.S. DOT, 1200 New Jersey Avenue SE.,
previously recorded injuries and W12–140, Washington, DC 20590.
§ 1904.40 Providing records to • Hand Delivery: Room W12–140 on
illnesses. If the description or outcome government representatives.
of a case changes, you must remove or the Ground level of the West Building,
(a) Basic requirement. When an 1200 New Jersey Avenue SE.,
line out the original entry and enter the
authorized government representative Washington, DC, between 9 a.m. and 5
new information.
asks for the records you keep under part p.m. Monday through Friday, except
(2) Do I have to update the annual 1904, you must provide copies of the
summary? No, you are not required to federal holidays.
records within four (4) business hours. Instructions: All submissions must
update the annual summary, but you
may do so if you wish. * * * * * include the agency name and docket
(3) Do I have to update the OSHA 301 Signed at Washington, DC, on April 25, number or Regulatory Identification
Incident Reports? No, you are not 2017. Number (RIN) for this rulemaking. All
required to update the OSHA 301 Dorothy Dougherty, petitions and comments received will be
Incident Reports, but you may do so if Deputy Assistant Secretary of Labor for posted without change to http://
you wish. Occupational Safety and Health. www.regulations.gov; this includes any
[FR Doc. 2017–08754 Filed 5–2–17; 8:45 am] personal information. Please see the
■ 8. Revise § 1904.34 to read as follows:
BILLING CODE 4510–26–P Privacy Act heading in the
§ 1904.34 Change in business ownership. SUPPLEMENTARY INFORMATION section of
this document for Privacy Act
If your business changes ownership,
DEPARTMENT OF TRANSPORTATION information related to any submitted
you are responsible for recording and
petitions or materials.
reporting work-related injuries and
Federal Railroad Administration Docket: For access to the docket to
illnesses only for that period of the year
read background documents or
during which you owned the
49 CFR Part 243 comments received, go to http://
establishment. You must transfer the
www.regulations.gov at any time or to
part 1904 records to the new owner. The [Docket No. FRA–2009–0033, Notice No. 4] Room W12–140 on the Ground level of
new owner must save all records of the
RIN 2130–AC68 the West Building, 1200 New Jersey
establishment kept by the prior owner,
Avenue SE., Washington, DC, between 9
as required by § 1904.33 of this part, but Training, Qualification, and Oversight a.m. and 5 p.m. Monday through Friday,
need not update or correct the records for Safety-Related Railroad Employees except Federal holidays.
of the prior owner.
AGENCY: Federal Railroad FOR FURTHER INFORMATION CONTACT:
■ 9. Revise paragraphs (b)(2) Robert J. Castiglione, Staff Director—
Administration (FRA), Department of
introductory text and (b)(2)(iii) of Technical Training, U.S. Department of
Transportation (DOT).
§ 1904.35 to read as follows: Transportation, Federal Railroad
ACTION: Final rule; delay of
§ 1904.35 Employee involvement. implementation dates. Administration, 4100 International
Plaza, Suite 450, Fort Worth, TX 76109–
* * * * *
SUMMARY: This document delays the 4820 (telephone: 817–447–2715); or
(b) * * * implementation dates in the final rule Alan H. Nagler, Senior Trial Attorney,
(2) Do I have to give my employees published November 7, 2014, because U.S. Department of Transportation,
and their representatives access to the model training program developers Federal Railroad Administration, Office
OSHA injury and illness records? Yes, alerted FRA they will not be able to of Chief Counsel, RCC–10, Mail Stop 10,
your employees, former employees, timely produce model programs that an West Building 3rd Floor, Room W31–
their personal representatives, and their estimated 1,459 railroads and 309, 1200 New Jersey Avenue SE.,
authorized employee representatives contractors are expected to use to Washington, DC 20590 (telephone: 202–
have the right to access the OSHA injury comply with the rule’s program 493–6038).
and illness records, with some submission requirements. SUPPLEMENTARY INFORMATION: FRA
limitations, as discussed below. DATES: This regulation is effective June issued a final rule establishing
* * * * * 2, 2017. Petitions for reconsideration of minimum training standards for each
(iii) If an employee or representative this delay must be received on or before category and subcategory of safety-
asks for access to the OSHA 300 Log, May 23, 2017. Petitions for related railroad employees and
when do I have to provide it? When an reconsideration will be posted in the requiring railroad carriers, contractors,
employee, former employee, personal docket for this proceeding. Comments and subcontractors to submit training
representative, or authorized employee on any submitted petition for programs to FRA for FRA approval. The
representative asks for copies of your reconsideration must be received on or final rule was published November 7,
current or stored OSHA 300 Log(s) for before June 19, 2017. 2014 (79 FR 66459) and was effective on
nlaroche on DSK30NT082PROD with RULES
an establishment the employee or ADDRESSES: Petitions for reconsideration January 6, 2015 (2014 Final Rule). The
former employee has worked in, you or comments on such petitions: Any 2014 Final Rule was required by section
must give the requester a copy of the petitions and any comments on 401(a) of the Rail Safety Improvement
relevant OSHA 300 Log(s) by the end of petitions related to Docket No. FRA– Act of 2008, Public Law 110–432, 122
the next business day. 2009–0033 may be submitted by any of Stat. 4883 (Oct. 16, 2008), codified at 49
* * * * * the following methods: U.S.C. 20162, and the Secretary of
VerDate Sep<11>2014 13:33 May 02, 2017 Jkt 241001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\03MYR1.SGM 03MYR1](https://thefederalregister.org/doc/82_FR_20633/page/1.svg)
![20552 Federal Register / Vol. 82, No. 84 / Wednesday, May 3, 2017 / Rules and Regulations
railroads will receive a positive impact further concluded that no extraordinary List of Subjects in 49 CFR Part 243
by having additional time to comply. circumstances exist with respect to this Administrative practice and
final rule that might trigger the need for procedure, Penalties, Railroad
Paperwork Reduction Act
a more detailed environmental review. employees, Railroad safety, Reporting
There are no new collection of As a result, FRA finds that this final rule and recordkeeping requirements.
information requirements contained in is not a major Federal action
this final rule and, in accordance with significantly affecting the quality of the The Final Rule
the Paperwork Reduction Act of 1995, human environment. For the reasons discussed in the
44 U.S.C. 3501 et seq., the record preamble, FRA amends chapter II,
keeping and reporting requirements Unfunded Mandates Reform Act of 1995
subtitle B of title 49 of the Code of
already contained in this rule have been Federal Regulations as follows:
Pursuant to section 201 of the
approved by the Office of Management
Unfunded Mandates Reform Act of 1995
and Budget. The OMB approval number PART 243—[AMENDED]
is OMB No. 2130–0597. The information (Pub. L. 104–4, 2 U.S.C. 1531), each
collection requirements of this rule Federal agency ‘‘shall, unless otherwise ■ 1. The authority citation for part 243
became effective when they were prohibited by law, assess the effects of continues to read as follows:
approved by OMB. Federal regulatory actions on State,
local, and tribal governments, and the Authority: 49 U.S.C. 20103, 20107, 20131–
Federalism Implications 20155, 20162, 20301–20306, 20701–20702,
private sector (other than to the extent 21301–21304, 21311; 28 U.S.C. 2461, note;
This rule will not have a substantial that such regulations incorporate and 49 CFR 1.89.
effect on the states, on the relationship requirements specifically set forth in
between the national government and law).’’ Section 202 of the Act (2 U.S.C. Subpart B—Program Components and
the states, or on the distribution of 1532) further requires that ‘‘before Approval Process—[Amended]
power and responsibilities among the promulgating any general notice of
various levels of government. Thus in proposed rulemaking that is likely to ■ 2. Revise 243.101(a) and (b) to read as
accordance with Executive Order 13132, result in the promulgation of any rule follows:
‘‘Federalism’’ (64 FR 43255, Aug. 10, that includes any Federal mandate that § 243.101 Employer program required.
1999), preparation of a Federalism may result in expenditure by State,
local, and tribal governments, in the (a)(1) Effective January 1, 2019, each
Assessment is not warranted. employer conducting operations subject
aggregate, or by the private sector, of
International Trade Impact Assessment to this part with 400,000 total employee
$100,000,000 or more (adjusted
The Trade Agreement Act of 1979 work hours annually or more shall
annually for inflation) in any 1 year, and
prohibits Federal agencies from submit, adopt, and comply with a
before promulgating any final rule for
engaging in any standards or related training program for its safety-related
which a general notice of proposed
activities that create unnecessary railroad employees.
rulemaking was published, the agency
obstacles to the foreign commerce of the (2) Effective May 1, 2020, each
shall prepare a written statement’’
United States. Legitimate domestic employer conducting operations subject
detailing the effect on State, local, and
objectives, such as safety, are not to this part with less than 400,000 total
tribal governments and the private
considered unnecessary obstacles. The employee work hours annually shall
sector. This final rule will not result in
statute also requires consideration of submit, adopt, and comply with a
such an expenditure, and thus
international standards and where training program for its safety-related
preparation of such a statement is not
appropriate, that they be the basis for railroad employees.
required. (b) Except for an employer subject to
U.S. standards.
This final rule is purely domestic in Energy Impact the requirement in paragraph (a)(2) of
nature and is not expected to affect this section, an employer commencing
Executive Order 13211 requires operations subject to this part after
trade opportunities for U.S. firms doing
Federal agencies to prepare a Statement January 1, 2019, shall submit a training
business overseas or for foreign firms
of Energy Effects for any ‘‘significant program for its safety-related railroad
doing business in the United States.
energy action.’’ 66 FR 28355 (May 22, employees before commencing
Environmental Impact 2001). FRA has evaluated this final rule operations. Upon commencing
FRA has evaluated this rule in in accordance with Executive Order operations, the employer shall adopt
accordance with its ‘‘Procedures for 13211, and has determined that this and comply with the training program.
Considering Environmental Impacts’’ regulatory action is not a ‘‘significant * * * * *
(FRA’s Procedures) (64 FR 28545, May energy action’’ within the meaning of
■ 3. Revise 243.105(a)(3) to read as
26, 1999) as required by the National the Executive Order.
follows:
Environmental Policy Act (42 U.S.C. Privacy Act
4321 et seq.), other environmental § 243.105 Optional model program
statutes, Executive Orders, and related Anyone is able to search the development.
regulatory requirements. FRA has electronic form of all comments (a) * * *
determined that this final rule is not a received into any of DOT’s dockets by (3) Each model training program
major FRA action (requiring the the name of the individual submitting submitted to FRA before May 1, 2018,
preparation of an environmental impact the comment (or signing the comment, is considered approved and may be
if submitted on behalf of an association, implemented 180 days after the date of
nlaroche on DSK30NT082PROD with RULES
statement or environmental assessment)
because it is categorically excluded from business, labor union, etc.). You may submission unless the Associate
detailed environmental review pursuant review DOT’s complete Privacy Act Administrator advises the organization,
to section 4(c)(20) of FRA’s Procedures. Statement published in the Federal business, or association that developed
See 64 FR 28547 (May 26, 1999). Register on April 11, 2000 (Volume 65, and submitted the program that all or
In accordance with section 4(c) and Number 70, Pages 19477–78), or you part of the program does not conform.
(e) of FRA’s Procedures, the agency has may visit http://DocketsInfo.dot.gov. * * * * *
VerDate Sep<11>2014 13:33 May 02, 2017 Jkt 241001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\03MYR1.SGM 03MYR1](https://thefederalregister.org/doc/82_FR_20633/page/4.svg)
![Federal Register / Vol. 82, No. 84 / Wednesday, May 3, 2017 / Rules and Regulations 20553
■ 4. Revise 243.111(b) to read as Administrator may extend this period refresher training either within 3
follows: based on a written request. calendar years from that prior training
(2) By no later than January 1, 2021, event or no later than December 31,
§ 243.111 Approval of programs filed by each employer with less than 400,000 2023. Each employer shall ensure that,
training organizations or learning
institutions.
total employee work hours annually in as part of each employee’s refresher
operation as of January 1, 2020, shall training, the employee is trained and
* * * * * declare the designation of each of its qualified on the application of any
(b) A training organization or learning existing safety-related railroad Federal railroad safety laws, regulations,
institution that has provided training employees by occupational category or and orders the person is required to
services to employers covered by this subcategory, and only permit designated comply with, as well as any relevant
part before January 1, 2018, may employees to perform safety-related railroad rules and procedures
continue to offer such training services service in that occupational category or promulgated to implement those
without FRA approval until January 1, subcategory. The Associate Federal railroad safety laws, regulations,
2019. The Associate Administrator may Administrator may extend this period and orders.
extend this period at any time based on based on a written request.
a written request. Such written requests (2) Beginning May 1, 2022, each
(b) Except for an employer subject to employer with less than 400,000 total
for an extension of time to submit a the requirement in paragraph (a)(2) of
program should contain any factors the employee work hours annually shall
this section, an employer commencing deliver refresher training at an interval
training organization or learning operations after January 1, 2019 shall
institution wants the Associate not to exceed 3 calendar years from the
declare the designation of each of its date of an employee’s last training
Administrator to consider before existing safety-related railroad
approving or disapproving the event, except where refresher training is
employees by occupational category or specifically required more frequently in
extension. subcategory before beginning accordance with this chapter. If the last
* * * * * operations, and only permit designated training event occurs before FRA’s
employees to perform safety-related approval of the employer’s training
Subpart C—Program Implementation service in that category or subcategory.
and Oversight Requirements— program, the employer shall provide
Any person designated shall have met refresher training either within 3
[Amended] the requirements for newly hired calendar years from that prior training
employees or those assigned new safety- event or no later than December 31,
■ 5. Revise 243.201(a)(1) and (2), (b),
related duties in accordance with 2024. Each employer shall ensure that,
and (e)(1) and (2) to read as follows:
paragraph (c) of this section. as part of each employee’s refresher
§ 243.201 Employee qualification * * * * * training, the employee is trained and
requirements. (e) * * * qualified on the application of any
(a) * * * (1) Beginning January 1, 2021, each Federal railroad safety laws, regulations,
(1) By no later than September 1, employer with 400,000 total employee and orders the person is required to
2019, each employer with 400,000 total work hours annually or more shall comply with, as well as any relevant
employee work hours annually or more deliver refresher training at an interval railroad rules and procedures
in operation as of January 1, 2019, shall not to exceed 3 calendar years from the promulgated to implement those
declare the designation of each of its date of an employee’s last training Federal railroad safety laws, regulations,
existing safety-related railroad event, except where refresher training is and orders.
employees by occupational category or specifically required more frequently in
subcategory, and only permit designated accordance with this chapter. If the last Patrick T. Warren,
employees to perform safety-related training event occurs before FRA’s Acting Administrator.
service in that occupational category or approval of the employer’s training [FR Doc. 2017–08944 Filed 5–2–17; 8:45 am]
subcategory. The Associate program, the employer shall provide BILLING CODE 4910–06–P
nlaroche on DSK30NT082PROD with RULES
VerDate Sep<11>2014 13:33 May 02, 2017 Jkt 241001 PO 00000 Frm 00013 Fmt 4700 Sfmt 9990 E:\FR\FM\03MYR1.SGM 03MYR1](https://thefederalregister.org/doc/82_FR_20633/page/5.svg)
Document Created: 2018-11-08 08:36:26
Document Modified: 2018-11-08 08:36:26
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule; delay of implementation dates. | |
| Dates | This regulation is effective June 2, 2017. Petitions for reconsideration of this delay must be received on or before May 23, 2017. Petitions for reconsideration will be posted in the docket for this proceeding. Comments on any submitted petition for reconsideration must be received on or before June 19, 2017. | |
| Contact | Robert J. Castiglione, Staff Director--Technical Training, U.S. Department of Transportation, Federal Railroad Administration, 4100 International Plaza, Suite 450, Fort Worth, TX 76109-4820 (telephone: 817-447-2715); or Alan H. Nagler, Senior Trial Attorney, U.S. Department of Transportation, Federal Railroad Administration, Office of Chief Counsel, RCC-10, Mail Stop 10, West Building 3rd Floor, Room W31-309, 1200 New Jersey Avenue SE., Washington, DC 20590 (telephone: 202-493-6038). | |
| FR Citation | 82 FR 20549 | |
| RIN Number | 2130-AC68 | |
| CFR Associated | Administrative Practice and Procedure; Penalties; Railroad Employees; Railroad Safety and Reporting and Recordkeeping Requirements |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR