Part 243 New Regulation regarding training

Trainlawyer · **Posted:** Fri May 05, 2017 11:02 am

May 4th NRC Bulletin wrote:

FRA243 Delay in Implementation - FRA Part 243 Training Standards Regulation

On May 3, 2017, in the Federal Register the FRA published a one year delay in the implementation dates for the FRA Part 243 Training Standards regulation, see here for the full notice via the website or in PDF form. This delay impacts all of the deadlines and dates contained in the rule.

Link to the Federal Register: https://www.gpo.gov/fdsys/pkg/FR-2017-05-03/pdf/2017-08944.pdf?utm_source=NRC+Bulletin+May+4%2C+2017&utm_campaign=NRC+5-4-17&utm_medium=email

The delay an action by the FRA because the providers of the training programs cannot meet the deadlines. The current status of the court action initiated by the ASLRRA is:

PACER wrote:

04/05/2017 Open Document JOINT REPORT [1669718] filed abeyance status : Settlement discussions ongoing. filed by American Short Line and Regional Railroad Association and FRA and DOT [Service Date: 04/05/2017 ] [15-1240] (Rifkind, David)

GME

Overmod · **Joined:** Thu May 24, 2012 1:37 pm **Posts:** 2492

The link GME provided specifically mentions ASLRRA and says a majority of the "1,459" organizations FRA thought would use model programs were small operators. Surely there is a list of the entities FRA thinks are included in that number.

TL;DR takehome: Consider May 1, 2020 the 'drop-dead date' to have your safety program, paperwork, and most importantly "required records" folders or jackets ready, if you have under 400,000 employee-hours a year. I do not expect "volunteers" running safety-critical railroad equipment the public rides to be 'exempted' from this on some technicality. I find it had to believe that people in the 'safety training' industry haven't jumped on this prospective tasty plum. And I think it might be a great service for ASLRRA to coordinate if not develop a coherent 'model' package for the tourist and museum railroad market, and to emphasize how to foster the right kinds of safety-first thinking rather than let this be all about the Mickey Mouse fishing-expedition I'm-hunting-for-statutory-violations we've come to know and loathe in, say, the OSHA 300 accident-records context.

PCook · **Joined:** Sat Jul 02, 2005 7:16 am **Posts:** 2127

Here are some questions and answers on the program:

https://www.gpo.gov/fdsys/pkg/FR-2014-1 ... -26290.htm

The comments from GE Railcar on page 66467 "Discussion of Specific Comments and Conclusions" paragraph "E" is worth a read. It would appear that manufacturers of equipment are not considered to be within the scope of the rule but those who "repair" equipment are within the scope of the rule. It is pretty clear that your home facility does not govern your status under the rule, if you are out working on a railroad that is covered by the rule (doing mobile repairs for example) you have to comply. And the section relating to anyone performing air brake repairs is also very interesting and worth reading very carefully.

Also, here is a March 2017 FRA presentation on the program:

https://www.fra.dot.gov/eLib/Details/L18618

PC