2024-18097. Public Transportation Safety Certification Training Program

Table 1—Summary of Economic Effects, 2024-2033

[2022 Dollars, discounted to 2023]

Item	Annualized (2%)	Annualized (3%)	Annualized (7%)
Benefits:
Cost savings for FTA staff	$6,022	$6,081	$6,317
Costs:
Staff enrollment	70,574	71,266	74,034
Point of contact identification	11,762	11,878	12,339
Point of contact responsibilities	130,903	132,187	137,320
Semi-annual reporting	23,525	23,755	24,678
Refresher training	87,316	88,172	91,596
Total costs	324,080	327,258	339,967
Net costs	318,059	321,177	333,650

II. Notice of Proposed Rulemaking and Response to Comments

FTA issued a notice of proposed rulemaking (NPRM) for the PTSCTP on October 26, 2023 (88 FR 73573).^[1] The public comment period for the NPRM closed on December 26, 2023. FTA received 15 comment submissions to the rulemaking docket. Commenters included States, transit agencies, industry associations, individuals, and a nonprofit organization. FTA has considered these comments and addresses them in the corresponding sections below. Some comments were outside the scope of this rulemaking, and FTA does not respond to comments in this final rule that were outside the scope.

FTA reviewed all relevant comments and took them into consideration when developing the final rule. Below, the NPRM comments and responses are subdivided by the corresponding sections of the proposed rule and subject matter.

A. Section 672.3—Scope and Applicability

1. General

Comments: Several commenters offered comments related to the PTSCTP curriculum. One nonprofit organization stated that given current safety concerns, the PTSCTP training curriculum is still relevant. One individual encouraged FTA to ensure training availability is appropriate to meet the industry's demand, given the rate of turnover within agencies. A transit agency and one individual requested that the Transportation Safety Institute (TSI) course Transit Safety and Security Audits be added to the PTSCTP training curriculum for rail transit agencies and SSOAs, arguing that audits and reviews are activities required by FTA and that it is critical for safety professionals to be trained and qualified to perform audit/review/inspections activities. An industry association requested that FTA provide a timeline for any changes to the PTSCTP training curriculum to provide time for transit agencies to address any changes.

Other commenters requested broad changes to the PTSCTP requirements. One nonprofit organization requested that FTA require all designated personnel to complete the entire curriculum annually. An industry association requested that FTA merge the PTSCTP and the Transit Safety and Security Program (TSSP) into one certification program.

Response: FTA appreciates the commenter who confirmed the continued relevance of the PTSCTP curriculum. FTA acknowledges the two commenters that suggested the addition of specific courses to the required PTSCTP curriculum. FTA appreciates the feedback regarding the importance of auditing and review skills for certain SSOA and transit agency personnel. This final rule does not alter the existing PTSCTP curriculum. FTA notes that it has removed the required PTSCTP curriculum from the appendix of the regulation to afford FTA additional flexibility to address curriculum updates.

FTA acknowledges the commenter that suggested FTA require all required participants to complete the entire PTSCTP curriculum annually. FTA believes that such a change would be overly burdensome for transit agencies and SSOAs by requiring designated individuals to complete over 140 hours of PTSCTP training annually. FTA declines to implement this change and confirms that this final rule requires designated individuals to complete the PTSCTP curriculum within three years of designation to receive certification and to complete applicable recertification requirements every two years thereafter to maintain this certification.

FTA acknowledges the comment requesting FTA merge the PTSCTP with the TSSP administered by the Transportation Safety Institute. FTA notes that the TSSP is outside the scope of this final rule. FTA notes that this final rule does not alter the existing PTSCTP curriculum. Further, FTA will coordinate with the industry in the future regarding any curriculum changes to ensure sufficient time to comply with requirements.

2. Bus Applicability

In the NPRM, FTA did not propose extending mandatory PTSCTP applicability to the bus transit industry. However, FTA sought industry input on whether mandatory PTSCTP participation should extend to bus transit agencies and personnel. FTA received nine responses offering input on whether the requirements should extend to bus transit.

Comments: Three commenters recommended extending the requirements to bus transit. A nonprofit organization argued it should be mandatory due to the number of bus ( print page 66001) collisions. A labor union argued to extend PTSCTP requirements due to the nature of safety responsibilities and to ensure consistent safety standards across all modes of public transportation. A transit agency supported extending requirements to bus transit only if applicable “bus safety oversight personnel” are narrowly defined and requested that FTA clarify the anticipated operational and financial impact on large bus transportation agencies compared with small and medium-sized bus agencies.

Three commenters argued against extending PTSCTP requirements to bus transit. An individual argued against extending requirements to bus transit, citing challenges such as limited course availability and additional burden to bus agency resources. An industry association argued against expansion, noting limited course availability, limited bus agency resources, and a lack of oversight structure such as the State Safety Oversight (SSO) program in place for rail transit. A transit agency argued that bus agencies should monitor their own performance under the Public Transportation Agency Safety Plan (PTASP) requirements and determine if additional training is needed. The agency also argued that the additional burden would be too much given limited bus agency resources. This bus agency also raised concerns regarding applicability to contractors that support bus operations.

Three commenters expressed neutral positions regarding expansion of PTSCTP requirements to bus transit. One SSOA recommended FTA seek input directly from bus transit stakeholders regarding the expansion of PTSCTP applicability beyond SSOAs and rail transit agencies. Two transit agencies did not express a clear position for or against expansion but noted that training availability would be a significant challenge. One of these transit agencies also noted that if applicability was expanded to bus transit, FTA may need to consider modifying the three-year requirement to allow ample time for bus personnel to take required courses.

Response: FTA appreciates the feedback received regarding the expansion of PTSCTP applicability to bus transit. FTA will not expand the applicability of this regulation to the bus transit industry through this rulemaking. The final rule will apply only to those agencies, personnel, and contractors identified in § 673.3(b). FTA will use this information to inform any future action related to PTSCTP applicability and associated requirements.

B. Section 672.5—Definitions

1. Directly Responsible for Safety Oversight

Comments: One rail transit agency commented on the definition of “directly responsible for safety oversight,” arguing that implementation of the agency safety plan (ASP) is a responsibility broadly shared throughout a transit agency and that without additional clarification, the number of affected individuals would be so large that agencies may choose to define those directly responsible for safety based on the practical limitations of training access.

Response: FTA acknowledges the concern raised by the commenter. FTA agrees that a significant number of transit agency workers may have roles in which they carry out activities defined by the ASP and that safety is a shared responsibility. The use of the word “implementation” in the definition of “directly responsible for safety oversight” is intended to include individuals whose primary job function is ensuring that the ASP is carried out. FTA notes that the definition is intended to identify transit agency workers with safety oversight roles. The definition is not intended to include every worker that may follow a policy defined in the ASP. FTA also notes that the definition in the final rule establishes minimum requirements, and as such, a transit agency may go beyond these when designating which individuals are directly responsible for safety oversight.

2. Rail Fixed Guideway Public Transportation System

Comments: One transit agency asked FTA to clarify if the definition of “rail fixed guideway transportation system” would supersede the definition of this term in other regulations.

Response: FTA appreciates the comment and the importance of definitional consistency across FTA programs. The definition in the final rule is consistent with other recent regulatory actions, including 49 CFR parts 673 and 674.

3. Safety Oversight Training

Comments: One transit agency asked FTA to consider defining “safety oversight training.”

Response: FTA has considered the commenter's suggestion to add a definition for safety oversight training. FTA notes that this final rule maintains the flexibility for transit agencies and SSOAs to identify the recertification training courses or activities their designated participants must complete for recertification. Further, FTA notes that the definition of “directly responsible for safety oversight” clarifies FTA's understanding of the safety oversight role, including ASP development and the SSOA requirements for rail transit agencies pursuant to 49 CFR part 674. FTA declines to add a separate definition for “safety oversight training.”

C. 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

1. General

Comments: A nonprofit organization supported the requirement for SSOAs to identify their designated personnel and to ensure they are enrolled in the PTSCTP within 30 days of designation.

Response: FTA appreciates the commenter's support for the proposed requirement.

2. PTSCTP Recertification

Comments: One SSOA expressed concern with the addition of a refresher training element defined by FTA and recommended that FTA provide additional details on what the PTSCTP refresher training element would include. This commenter encouraged FTA to coordinate with SSOAs and other professional organizations in the development of this refresher training element.

Response: As noted in response to comments on § 672.17 (Voluntary Participants), FTA has revised the term “refresher training” to “recertification training.” FTA has not yet developed specific PTSCTP recertification training for SSOA personnel beyond the requirement at § 673.11(d)(2). FTA appreciates the commenter's suggestion and notes that it will consider multiple forms of input to support FTA's development of required recertification training, including input from SSOAs.

D. 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

1. Designated Personnel

Comments: One labor union requested FTA to consider extending the applicability of the final rule to agency personnel that serve on the Safety Committee required by the PTASP Regulation (49 CFR part 673).

Response: PTSCTP participation is mandatory for rail transit agency ( print page 66002) employees and contractors whose primary job function includes safety oversight, including the development, implementation and review of the ASP, and/or the SSOA requirements for the rail fixed guideway public transportation system pursuant to 49 CFR part 674. A rail transit agency may determine that certain individuals who serve on a rail transit agency's Safety Committee meet this description and may designate them as mandatory PTSCTP participants. However, FTA notes that individuals whose primary job function is not safety oversight may serve on the Safety Committee and, as such may not be designated by the transit agency. Further, FTA intends to develop and facilitate additional technical assistance and training focused on Safety Committee requirements and member roles and responsibilities.

2. PTSCTP Recertification

Comments: One transit agency and one industry association opposed the addition of a refresher training element defined by FTA without FTA providing additional details on what the refresher training element would include. Another transit agency requested FTA define the refresher training element identified by FTA in the final rule and requested FTA provide more information on the refresher training element, including the length of the training and how the training would be delivered. One transit agency requested that FTA continue to allow agencies to determine their own refresher training requirements that are most relevant to their own unique operating environments and characteristics.

One industry association requested FTA specify courses that are acceptable to meet the PTSCTP refresher training requirement. One transit agency requested FTA clarify the consequences of a participant not completing refresher training by the required completion date.

Response: FTA acknowledges the concerns commenters raised regarding the final rule's requirement for a refresher training element defined by FTA. As noted in response to comments on § 672.17 (Voluntary Participants), FTA has revised the term “refresher training” to “recertification training.” FTA has not yet defined a recertification element for rail transit agencies beyond the requirement at § 672.13(d)(2). FTA-defined recertification training may provide agencies with relevant updates regarding FTA regulations, notices, directives, and best practices, and will be delivered in a format designed to minimize burden on the industry.

FTA appreciates the comment that agencies should be able to identify refresher training requirements that best suit their needs. The final rule maintains this requirement for recertification in §§ 672.11(d)(2) and 672.13(d)(2) while adding an additional recertification element identified by FTA.

FTA acknowledges the comment that requested FTA specify the courses or activities that meet the refresher training requirement established under the final rule at §§ 672.11(d)(2) and 672.13(d)(2). FTA declines to provide an exhaustive list of courses or activities that meet the recertification requirement in the final rule, as such a list would evolve as additional training courses and activities are made available by FTA and the industry. FTA has published a technical assistance fact sheet ( https://www.transit.dot.gov/​regulations-and-programs/​safety/​ptsctp-refresher-training-overview-fact-sheet) to help agencies determine what courses or activities may best suit their agency's needs.

FTA acknowledges the comment requesting FTA clarify the consequences of a participant not completing PTSCTP refresher training. A recipient that does not ensure its designated participants complete PTSCTP recertification within the required two-year period is subject to FTA enforcement action in accordance with FTA's authorities under 49 U.S.C. 5329.

E. Section 672.17—Voluntary Participants

1. PTSCTP Recertification

Comments: One transit agency requested FTA provide an explanation of why voluntary participants would not be required to complete PTSCTP refresher training. One industry association opposed the removal of refresher training requirements for voluntary participants. This commenter, and one transit agency, also requested clarification on how the refresher training requirement would apply to a voluntary participant who later became “designated” by an SSOA or rail transit agency.

Response: FTA acknowledges the commenters who opposed the removal of refresher training requirements for voluntary participants and the commenter who requested more information on this proposed change. The mandatory requirements of the final rule only apply to those “designated personnel” identified in §§ 672.11(a) and 672.13(a). To clarify the applicability of the training required to maintain PTSCTP certification, FTA has revised the term “refresher training” to “recertification” where applicable. Voluntary participants may choose to complete PTSCTP-related training courses to maintain their knowledge and skills related to the PTSCTP, but voluntary participants are not required to complete recertification requirements to maintain their PTSCTP certification. FTA does not have the legal authority to require voluntary participants to complete the initial safety training requirements of the PTSCTP or recertification.

FTA acknowledges the commenters who requested clarification of the refresher training requirements for a voluntary participant who later becomes a designated participant of an SSOA or rail transit agency. Upon designation, a participant must complete the initial safety training requirements of the PTSCTP within three years. If a voluntary participant who has already completed the initial safety training requirements of the PTSCTP is later “designated” by a rail transit agency or SSOA, the individual would need to complete applicable recertification requirements within two years of their designation.

F. Section 672.21—Records

1. Point of Contact

Comments: Six commenters supported the establishment of a point of contact (POC) at each applicable agency. Commenters included three transit agencies, a nonprofit organization, a labor union, and an industry association. One transit agency was not opposed to the establishment of a POC but suggested FTA provide guidance on the type of communication and documentation the POC will be required to provide. One transit agency recommended FTA require a secondary POC.

One transit agency stated that the POC should not be required to track voluntary participants from their agency until such time the participant becomes a “designated” participant of the agency.

One transit agency requested that FTA clarify whether the POC would be responsible for tracking completion of the recertification element defined by FTA.

Response: FTA appreciates the comments supporting the establishment of a POC to streamline communication between FTA and the applicable SSOAs and rail transit agencies. In response to the comment requesting guidance on the type of communication and documentation the POC will be required to provide, FTA notes that it will ( print page 66003) develop and distribute technical assistance as needed to support SSOA and rail transit agency compliance with the final rule.

FTA acknowledges the commenter who suggested FTA add a requirement for agencies to establish a secondary POC in the final rule. FTA agrees this may be a good practice for some agencies to adopt but is declining to impose this as a requirement in the final rule to limit any additional administrative burden.

FTA acknowledges the commenter who suggested the agency POC would not be required to track voluntary participants unless they become “designated” by the agency. FTA agrees that agency POCs should not be required to track their agency personnel and contractors who are voluntarily participating in the PTSCTP. However, as part of the semiannual reporting requirement, FTA may request the POC to confirm whether a voluntary participant has been designated by the agency or is still participating on a voluntary basis.

In response to the comment requesting FTA clarify if the agency POC would be responsible for tracking completion of the recertification element defined by FTA, FTA expects agencies to monitor and track their designated participants' completion of all applicable training requirements, including recertification requirements.

2. Semiannual Reporting

Comments: Four commenters supported the semiannual reporting requirement, including one individual, one labor union, and two transit agencies. The individual also recommended that FTA set specific dates for the semiannual reporting requirement and requested additional information on how FTA will facilitate the semiannual reporting and whether FTA will send out reminders to affected agencies.

One industry association recommended that FTA give rail transit agencies and SSOAs flexibility in how they report semiannually. This commenter and a transit agency suggested FTA provide a template that the agencies may choose to use.

One SSOA agreed that recertification and training compliance should be monitored but expressed concern the proposed changes are burdensome. The commenter suggested that semiannual reporting should be completed annually through the State Safety Oversight Reporting (SSOR) tool and that FTA can monitor training compliance through the State Safety Oversight (SSO) audit program.

Response: FTA appreciates the four commenters who expressed support for the semiannual reporting requirements. FTA declines to establish specific reporting dates in this final rule in order to provide reporting process development flexibility. Upon identification, FTA will communicate any specific reporting deadlines to the SSOA and rail transit agency community.

FTA acknowledges the commenter who expressed concern related to the potential reporting burden associated with the semiannual reporting requirements. FTA has established these new reporting requirements to help control the burden associated with ad-hoc requests and inconsistencies in agencies' processes for tracking PTSCTP information. FTA plans to develop a process and mechanism that will control burden and establish information consistency across the industry.

FTA appreciates the commenter's suggestion regarding specific data collection platforms but notes that the SSOR tool is not accessible by rail transit agencies and is not designed to support semiannual PTSCTP reporting. FTA also acknowledges the commenter's suggestion that FTA can monitor PTSCTP compliance through the SSO audit program. FTA notes that the SSO audit program audits compliance with 49 CFR part 674. To the extent that any PTSCTP-related requirements are established by part 674, the SSO audit program will ensure compliance with such requirements.

III. Section-by-Section Analysis

Subpart A—General Provisions

Section 672.1—Purpose

This section defines the purpose of this rule, which is to implement a uniform safety certification training program and 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. This section clarifies that the final rule does not preempt any safety certification training requirements required by a State for public transportation agencies within its jurisdiction.

Section 672.3—Scope and Applicability

This section sets forth the applicability of the PTSCTP regulation. The regulation applies to all recipients of Federal financial assistance under 49 U.S.C. chapter 53. This section specifies that PTSCTP requirements only apply to SSOAs and their employees and contractors that conduct safety reviews, inspections, examinations, and other safety oversight activities of rail fixed guideway public transportation systems and to 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.

Section 672.5—Definitions

This section sets forth the definitions of key terms used in the regulation. Notably, readers should refer to new definitions for terms such as “initial training,” “safety review,” “designated personnel,” and “voluntary participant.” In addition, readers should refer to new definitions for “recertification” and “recertification training” related to the replacement of the term “refresher training.”

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

Section 672.11(a) establishes requirements for SSOAs to designate certain SSOA employees and contractors that must comply with PTSCTP requirements. This includes employees and contractors that conduct reviews, inspections, examinations, and other safety oversight activities of public transportation systems, including appropriate managers and supervisors of such personnel.

Section 672.11(b) requires SSOAs to ensure that designated personnel are enrolled in the PTSCTP within 30 days of designation and that designated participants comply with PTSCTP requirements.

Section 672.11(c) establishes a three-year deadline for designated SSOA participants to complete the applicable training requirements of part 672.

Section 672.11(d) establishes two recertification requirements which must be completed by designated SSOA participants every two years following completion of the PTSCTP curriculum, including recertification requirements defined by FTA and recertification requirements defined by the SSOA, which must include one hour of safety oversight training. ( print page 66004)

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

Section 672.13(a) establishes requirements for rail transit agencies to designate certain rail transit agency employees and contractors who must comply with PTSCTP requirements. This includes employees and contractors who are directly responsible for safety oversight of rail modes.

Section 672.13(b) requires rail transit agencies to ensure that designated personnel are enrolled in the PTSCTP within 30 days of designation and that designated participants comply with PTSCTP requirements.

Section 672.13(c) establishes a three-year deadline for designated rail transit agency participants to complete the applicable training requirements of part 672.

Section 672.13(d) establishes two recertification requirements which must be completed by designated rail transit agency participants every two years following completion of the PTSCTP curriculum, including recertification requirements defined by FTA and recertification requirements defined by the rail transit agency, which must include one hour of safety oversight training.

Section 672.15—Evaluation of Prior Certification and Training

Section 672.15(a) clarifies the process for requesting a course equivalency evaluation from FTA.

Section 672.15(b) clarifies requirements for requesting a course equivalency evaluation from FTA.

Section 672.15(c) defines how FTA may make determinations for requested course equivalency evaluations.

Section 672.17—Voluntary Participants

This section establishes that individuals not designated by an SSOA or rail transit agency may voluntarily participate in the program.

Section 672.17(a) defines the requirements for receiving a certificate of completion as a voluntary participant and clarifies that the recertification requirement does not apply to voluntary participants and that FTA will not recertify voluntary participants.

Section 672.17(b) clarifies that 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 then need to meet the established recertification requirements for designated PTSCTP participants within two (2) years of designation.

Subpart C—Administrative Requirements

Section 672.21—Records

This section establishes new administrative requirements for recipients subject to the requirements of the rule, including SSOAs and rail transit agencies.

Section 672.21(a) clarifies 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 recertification every two years upon completion of the initial PTSCTP curriculum.

Section 672.21(b) establishes the requirement for 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.

Section 672.21(c) establishes the responsibilities of the identified PTSCTP POC, including informing FTA of changes in enrolled PTSCTP participants, enrolling new PTSCTP participants, and confirming recertification requirements and completion for participants. FTA expects to conduct PTSCTP-related communication with recipients through email ( [e-mail]) until such time as FTA defines an alternative method for information submission.

Section 672.21(d), FTA establishes a semiannual reporting requirement for the PTSCTP. This section sets the requirement for the identified PTSCTP POC to submit a current list of individuals designated as required PTSCTP participants, and the course or courses that that agency has identified as required for PTSCTP recertification. For recertification requirement documentation, the PTSCTP POC must report the specific name and length of each course, as well as the name of the course training provider or developer.

Section 672.21(e) clarifies the existing requirement for SSOAs to submit a technical training plan to FTA as part of its annual reporting requirements established at § 674.39 of this chapter. FTA has also replaced the reference to “System Safety Program Plan” in Appendix A of the current rule with “Agency Safety Plan” in § 672.21(e)(3). This section also sets the requirement for training records to include the minimum passing scores for proficiency tests. This provides FTA with the parameters for designated personnel to pass or fail the subject proficiency test and enables FTA to interpret proficiency test scores.

Section 672.23—Availability of Records

This final rule does not amend this section.

Subpart D—Administrative Requirements

Section 672.31—Requirement To Certify Compliance

The final rule does not amend this section.

IV. 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”) and Executive Order 14094 (“Modernizing 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 the final rule is not significant within the meaning of Executive Order 12866.

Updates From the NPRM

The analysis for the final rule adds calculations using a discount rate of 2 percent, following guidance in the November 2023 update to OMB Circular A-4.^[2] The analysis also updates the assumed effective date for the rule to 2024.

Overview and Need for Regulation

The final rule would add administrative and training requirements for SSOAs and rail transit agencies subject to the requirements of the PTSCTP. The rule would require each agency to establish a point of ( print page 66005) contact who would enroll designated personnel and submit proof of their training. SSOAs and rail transit agencies (RTAs) would also provide semiannual documentation to FTA. Finally, the rule would require designated personnel to complete FTA-defined recertification training every two years.

Benefits

The final 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 final rule would also lead to minor 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 rule would have an estimated annual cost savings of $5,900 (Table 2).

Table 2—Annual Cost Savings

[2022 Dollars]

Staff	Annual hours	Wages or rates	Cost savings
FTA program manager	40	$93.56	$2,428
Contractor program manager	12	179.32	2,152
Contractor analyst	12	110.34	1,324
Total	64		5,904

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 3). The requirements would affect 31 SSOAs and 64 rail transit agencies in operation as of March 1, 2023.^[3 4]

Table 3—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

To estimate the value of staff time spent on the requirements, FTA used May 2022 occupational wage data from the Bureau of Labor Statistics, the latest available as of March 2024, in the “Transit and Ground Passenger Transportation” industry (North American Industry Classification System code 485000).^[5] The “General and Operations Managers” (code 11-1021) was used to represent the wages of SSOA and rail transit agency points of contact. For SSOA and rail transit agency personnel completing training, the “Transportation Inspectors” (code 53-6051) occupational category was used. FTA used median hourly wages as a basis for the estimates, multiplying the wages by 1.62 to account for employer benefits.^[6]

Table 4—Occupational Categories and Wages Used To Value Staff Time

[2022 Dollars]

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

( print page 66006)

The administrative and reporting requirements of the proposed rule have estimated annual costs of $318,000 (Table 5). 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 5—Annual Costs for Administrative and Training Requirements

[2022 Dollars]

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 6 summarizes the economic effects of the proposed rule over the first ten years of the rule from 2024—the assumed effective date of the rule—to 2033 in 2022 dollars. On an annualized basis, the rule would have net costs of $318,000 at a 2 percent discount rate, $321,000 at a 3 percent rate, and $334,000 at a 7 percent rate, discounted to 2024.

Table 6—Summary of Economic Effects, 2024-2033

[2022 Dollars, discounted to 2023]

Item	Annualized (2%)	Annualized (3%)	Annualized (7%)
Benefits:
Cost savings for FTA staff	$6,081	$6,317
Costs:
Staff enrollment	70,574	71,266	74,034
Point of contact identification	11,762	11,878	12,339
Point of contact responsibilities	130,903	132,187	137,320
Semi-annual reporting	23,525	23,755	24,678
Refresher training	87,316	88,172	91,596
Total costs	324,080	327,258	339,967
Net costs	318,059	321,177	333,650