ASLRRA, NRC Comments Address Proposed Rule to Amend Certain Training Regulations
Written by David C. Lester, Editor-in-Chief
David C. Lester
WASHINGTON - On Nov. 29, the American Short Line and Regional Railroad Association (ASLRRA) and the National Railroad Construction and Maintenance Association (NRC) submitted comments to the Federal Railroad Administration (FRA) concerning a notice of proposed rulemaking (NPRM) to amend regulations concerning training, qualification and oversight for safety-related railroad employees (Training Rule).
The proposed rule would codify FRA guidance and clarify existing requirements. The FRA announced these changes in 2014 and since then ASLRRA has consistently petitioned for regulatory relief from the rule, which would put a significant financial burden on small railroads.
In conjunction with settlement of litigation with ASLRRA over the rule, FRA issued compliance guidance. Although the guidance provided some regulatory flexibility for small entities, it did not provide certainty as to how FRA would apply the Training Rule in the future, and as guidance, it is subject to change without formal rulemaking. While the NPRM is consistent with current FRA regulatory guidance to small entities, the associations urge FRA to consider additional revisions regarding the requirement for refresher training, which FRA rejected in the NPRM without explanation.
For further information, please check the submitted comments, and notice of proposed rulemaking (NPRM).
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