Rule/Notice/NOFO: Rail Transit Roadway Worker Protection
Federal Register/Notice: federalregister.gov
Description: The FTA seeks to reduce the burden on State Safety Oversight Agencies (SSOAs) in conducting oversight of the Roadway Worker Protection (RWP) programs within the jurisdiction of a State. FTA proposes extending the period for reporting RWP programs and allowing SSOAs to complete annual audits alongside other required audits.
Specifically, FTA proposes to modify 49 CFR 671.25(a)(2) to allow SSOAs to submit RWP program information to FTA with their annual report. FTA also proposes to amend 49 CFR 671.25(c)(1) to align with industry practice. In section 671.25(c)(1), FTA currently requires SSOAs to conduct an annual audit of the RTA’s compliance with its RWP program. FTA explained in the preamble to the final rule (89 FR 87192) that SSOAs are allowed to combine audits “[t]o avoid redundancy,” so long as the review meets “the RWP program audit requirements specified at § 671.25(c).” See also89 FR 87211. Furthermore, in reply to a DOT-wide Request for Information seeking public comments on reducing regulatory burden (90 FR 14593), FTA received a comment from the American Public Transportation Association asking FTA to consider modifying section 671.25(c) based on existing audit practice and address the undue burden of completing non-simultaneous audits (Docket No. DOT-OST-2025-0026). FTA proposes to modify section 671.25(c)(1) to ensure this authorization is included in the regulatory text.
APTA Staff Advisor: Taria Barron, tbarron@apta.com
