PTSCTP NPRM Comment Summary

Public Transportation
Safety Certification
Training Program
(PTSCTP)
Notice of Proposed Rulemaking (NPRM)
Summary of Comments
March 2024

Notice of Proposed Rulemaking
(NPRM)
• FTA published an NPRM for the PTSCTP regulation in the
Federal Register on October 26, 2023
• The comment period closed on December 26, 2023
• FTA received 15 comment submissions to the docket
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6 individuals
5 transit agencies
1 State Safety Oversight Agency
1 labor organization, 1 industry association, and 1 nonprofit
organization

• These submissions contained a total of
135 individual comments on specific topics
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Definitions
New training requirements
Voluntary participants
New administrative requirements
Bus applicability
General requirements

Summary of Changes
The PTSCTP NPRM proposes discretionary changes
including:
• Adding new and revised definitions for clarity and
consistency
• Requiring applicable agencies to establish a point of
contact and report to FTA semiannually
• Clarifying voluntary participation in the PTSCTP
• Adding an additional recertification element defined by
FTA
• Removing Appendix A to allow flexibility in PTSCTP
curriculum revision
FTA reviewed and considered all comments received.
FTA is revising the term “refresher training” to
“recertification training” to clarify the applicability of
the training required to maintain PTSCTP certification.
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New and Revised Definitions (§ 672.5)
FTA proposes adding new definitions and revising existing definitions to
provide clarity and synchronization with other FTA safety rulemaking
• Rail fixed guideway public transportation
• Rail Transit Agency
• Federal Transit Administration
• Designated personnel

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New Definitions (§ 672.5)
The PTSCTP NPRM proposes adding new definitions that do not change existing
requirements
Initial training: Clarify the phrase used to define the courses that must be completed within
three years of enrollment
PTSCTP curriculum: Clarify the courses an individual must complete as a participant
Recertification and Recertification training: Complement the proposed “Initial training”
definition and clarify existing requirements. The term “refresher training” has been revised to
“recertification training” in the final rule.
Safety review: Clarify the term that is used in the SSOA applicability language in §672.3(b)(1)
Voluntary participant: Clarify voluntary participation in the PTSCTP
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Comments on Definitions (§ 672.5)
FTA received three comments related to definitions:
• Directly responsible for safety oversight: One transit agency argued that
implementation of the Agency Safety Plan is broadly shared throughout an
agency and, without additional clarification, the number of affected
individuals would be too large
• Rail fixed guideway public transportation: One transit agency asked if this
definition would supersede the definition of this term in other regulations
• Safety oversight training: One transit agency requested that FTA consider
defining “safety oversight training”

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Definitions (§ 672.5) – Response to Comments
No update to the final rule based on these comments is recommended.
FTA will provide responses and clarification in the preamble.
• The definition of directly responsible for safety oversight establishes
minimum requirements and as such a transit agency may go beyond these
when designating employees and contractors
• The definition of rail fixed guideway public transportation is consistent with
other FTA regulatory actions (e.g., updates to Part 673 and Part 674)
• The Final Rule maintains flexibility for transit agencies and SSOAs to define
recertification training for its designated participants and FTA will not add a
separate definition for safety oversight training

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New Training Requirements
The PTSCTP NPRM proposes amending existing language to provide clarity on
enrollment requirements and add an additional recertification training
component
§672.11(b) and .13(b)

§672.11(d) and .13(d)

§672.15

• Require SSOAs and RTAs
to ensure their
designated personnel
are enrolled in the
PTSCTP within 30 days
of designation

• Maintain existing
recertification
requirements for
agency-defined training
and add a recertification
training element defined
by FTA

• Provide clarity on
existing processes
regarding evaluation of
prior certification and
training

Enrollment requirements

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Recertification

Evaluation of prior
certification and training

Comments on New Training Requirements
FTA received five comments related to new training requirements:
• Enrollment within 30 days of designation: One nonprofit organization
supported this proposal
• New recertification training element defined by FTA: One SSOA, one transit
agency, and one industry association opposed this addition, while one
other transit agency requested the element be defined in the final rule
• Evaluation of prior certification and training: FTA did not receive any
comments regarding this clarification

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New Training Requirements – Response to
Comments
No update to the final rule based on these comments is recommended.
FTA will provide responses and clarification in the preamble.
• FTA has not defined a recertification training element beyond the
requirements at § 672.11(d)(2) and § 672.13(d)(2)
• FTA is not defining this recertification training element in the final rule to
maintain flexibility in ensuring the training is relevant and delivered in a
format to minimize burden on the industry
• FTA-defined recertification training will provide agencies with relevant
updates regarding FTA regulations, notices, directives, and best practices
• FTA will consider multiple forms of input, including input from SSOAs, to
define this recertification training element
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Voluntary Participants (§ 672.17)
The PTSCTP NPRM proposes adding a new section to provide clarification
on existing processes for voluntary participants
§672.17 Voluntary participants
• Confirms FTA’s classification of voluntary PTSCTP participation and what
voluntary participation entails
• Eliminates recertification requirements previously associated with maintaining
PTSCTP certification
• Clarifies process for maintaining certification after subsequently becoming a
designated participant

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Comments on Voluntary Participants (§ 672.17)
FTA received four comments related to voluntary participants
• One industry association opposed the removal of refresher training
requirements for voluntary participants
• One transit agency requested FTA provide an explanation of why voluntary
participants would not be required to complete refresher training
• One transit agency and one industry association requested clarification on how
refresher training requirements would apply to a voluntary participant who
subsequently becomes designated by an SSOA or Rail Transit Agency

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Voluntary Participants – Response to Comments
FTA is revising the term “refresher training” to “recertification training” to
clarify the applicability of the training required to maintain certification.
• The mandatory requirements of the final rule apply only to designated personnel
• FTA is revising the term “refresher training” to “recertification training” to align with
the intent of this training and clarify which participants the requirement applies to
• FTA does not have the legal authority to require voluntary participants to complete
PTSCTP training
• This update reduces burden on the industry
• Upon designation, a participant who has already completed the initial training
requirements must complete recertification within two years of designation

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New Administrative Requirements (§ 627.21)
The PTSCTP NPRM proposes adding new administrative requirements to
streamline communication between FTA and applicable agencies
§672.21(b) and (c)

§672.21(d)

Point of contact

Semiannual reporting

• Require SSOAs and RTAs to identify
a single point of contact to serve as
a liaison with FTA regarding PTSCTP
records

• Require SSOAs and RTAs to provide reports
to FTA semiannually including:
• List of agency participants and their
status
• Agency-defined recertification
requirements

• Outline responsibilities of the point
of contact

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Comments on New Administrative
Requirements (§ 672.21)
FTA received several comments related to new administrative requirements
§672.21(b) and (c) Point of contact
• Six commenters supported the establishment of a point of contact at each agency
• Commenters included three transit agencies, a nonprofit organization, a labor union, and an industry
association
• One transit agency requested FTA provide guidance on the type of communication and documentation the
point of contact will be required to provide, and suggested FTA require a secondary point of contact
• One transit agency stated that the point of contact should not be required to track voluntary participants

§672.21(e) Semiannual reporting
• Four commenters supported the semiannual reporting requirement
• Commenters included two transit agencies, a labor union, and an individual
• One SSOA, one industry association, and one transit agency recommended that FTA provide a template for
reporting or use existing reporting platforms or audit programs
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Administrative Requirements – Response to
Comments
No update to the final rule based on these comments is recommended.
FTA will provide responses and clarification in the preamble.
• FTA will develop and distribute technical assistance to support agency
points of contact
• FTA agrees a secondary point of contact may be good practice for some
agencies but is not establishing this as a requirement to limit additional
administrative burden
• FTA agrees that points of contact should not be required to track voluntary
participants
• FTA will develop a process for semiannual reporting to control burden and
establish information consistency across the industry
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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. This information will be used to inform any future actions.

3 commenters supported extending the requirement to bus transit

• Commenters included a transit agency, a labor union, and a nonprofit organization
• Nature of safety responsibilities and consistency across all modes of public transportation
• Number of bus collisions and safety concerns
• Further define “bus safety oversight personnel” to determine applicability

3 commenters opposed extending the requirement to bus transit
• Commenters included an industry association, a transit agency, and an individual
• Limited bus transit agency resources
• Course availability challenges
• Lack of oversight structure such as an SSO Program

3 commenters expressed neutral positions

• Commenters included an SSOA and two transit agencies

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General Comments
FTA also received several general comments
• One nonprofit organization stated the PTSCTP curriculum is still relevant given current safety concerns
across the industry
• One transit agency and an individual recommended the Transit Safety and Security Audits course
delivered by the Transportation Safety Institute (TSI) be added to the PTSCTP curriculum
• One nonprofit organization recommended that designated personnel complete the entire PTSCTP
curriculum annually
• One individual requested that FTA ensure training availability is appropriate to meet demand
• One industry association requested that FTA provide a timeline for any changes to the PTSCTP curriculum
and suggested FTA merge the PTSCTP with the Transit Safety and Security Program (TSSP)
• One industry association requested that FTA provide a list of approved refresher training courses
• One transit agency asked for clarification on the consequences of a designated participant not
completing refresher training
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General Comments – Response to Comments
No update to the final rule based on these comments is recommended. FTA will
provide responses and clarification in the preamble.
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FTA has removed Appendix A to afford flexibility to address PTSCTP curriculum modification needs,
however, the final rule does not alter the existing curriculum
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FTA will coordinate with the industry regarding any changes to the PTSCTP curriculum to ensure
there is sufficient time to comply with requirements

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FTA believes requiring participants to complete the curriculum annually would present a significant
burden to the industry

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FTA continues to monitor course demand and availability

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FTA notes that the TSSP is a separate program that is outside the scope of this rulemaking

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Due to the evolving availability of training and unique agency needs, FTA is not including an
exhaustive list of courses or activities that meet the recertification requirement
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FTA has published a technical assistance fact sheet to assist the industry in identifying courses or
activities that best suit their agency’s needs

A recipient that fails to comply with the requirements of the final rule, including recertification, is
subject to FTA enforcement action in accordance with FTA’s authorities under 49 U.S.C. § 5329

Questions
Jeremy Furrer
[email protected]
Office of Transit Safety and Oversight

Philip Monty
[email protected]
Office of Transit Safety and Oversight