20160926_5079.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:KARL KLEIN
DEPUTY ATTORNEY GENERAL
DATE:SEPTEMBER 23,2016
SUBJECT:2017 TECHNICAL TRAINING FUNDING AGREEMENT
The U.S.Department of Transportation’s Federal Railroad Administration (FRA)has asked the
Commission to sign the FRA’s State Railroad Safety Training Funding Agreement form for Federal
Fiscal Year 2017.A copy of the FRA Agreement is attached.The Commission and FRA enter into a
substantially similar agreement each year to make the Commission’s railroad inspectors eligible for
federal reimbursement for travel expenses incurred to attend FRA training activities related to the FR.A’s
railroad safety program,rules,regulations,orders and standards.
COMMISSION DECISION
Does the Commission authorize its President to sign the FRA Agreement,and substantially
similar future FRA agreements,on the Commission’s behalf?
Karl F.Klein
Deputy Attorney General
DECISION MEMORANDUM
o MemorandumUj.DepartmentofIransportanon
Feçleral RailroadAdministration
Date:August 10,2016
Subject:2017 Technical Training Funding Agreement Form
From:Mike Calhoun
To:State Managers
Attached is a State Railroad Safety Technical Training Funding Agreement form for Federal
Fiscal Year 2017.This form must be completed by states that are not participating in the
Railroad Safety State Participation Pilot Grant program.Please execute the agreement and the
Attorney’s Certification in accordance with your agency’s administrative procedures.Please
return the executed form by regular mail or email to:
Robert Faaborg
Federal Railroad Administration
4100 international parkway Ste.450
Fort Worth,Texas 76109
Do not complete the “funding not to exceed”blank.Funds available for training are unknown at
this time and designating a funding maximum may limit training opportunities.Original
signatures are required on the agreement and the attorney’s certification.
The agreement form cannot be amended by Slates.It is a program agreement,not a negotiated
agreement.If the agreement is altered by a State,it will be rejected and that State’s inspectors
will not be eligible for Federal reimbursement of training travel expenses.States that are in
FRA’s 2017 Grant Pilot Program are not required to complete this agreement.
Training is essential for inspectors to maintain technical proficiency.Failure to attend training
will jeopardize inspector certification.Please submit the executed agreement by October 1,
2016,to preserve training eligibility for your inspectors.
Enclosures
STATE ILROAD SAFETY TECHNICAL TINING FUNDING
AGREEMENT
1.AEreement.The Federal Railroad Administration agrees to provide full funding for authorized
costs incurred by the State with respect to designated state employee attendance at
Administration approved training activities.This Agreement is made for the purpose of
providing Federal funds for technical assistance to state governments participating in the
Administrations railroad safety program under 49 U.S.C.20105.
2.Technical Training.Technical Training provided pursuant to this Agreement shall be related to
the Administration’s railroad safety program and the administration and enforcement of
railroad safety rules,regulations,orders and standards issued by the Administration pursuant to
49 U.S.C.20105.
2.1 Technical training shall be limited to those courses approved in advance by the
Administration.
2.2 Participation in approved training shall be restricted to state railroad safety inspectors,
trainees,and to persons serving in a direct supervisory capacity with respect to such
inspectors.
2.3 Federal funding shall be limited to the cost elements of the round-trip travel to the
authorized training site from the State or Commonwealth of
___________________
and
per diem as provided in 41 CFR Part 301-11,and Chapter 301,Federal Travel
Regulations;Maximum Per Diem Rates.
3.Federal Funds.The Administration shall provide funding not to exceed S
_________,
for the
full approved cost of state employee participation in classroom technical training related to the
Administration’s railroad safety program during the period from October 1,2016,through
September 30,2017,in accordance with the terms and conditions of this Agreement.
STATE AGENCY
By__________________________________
Title Date
FEDERAL RAILROAD ADMINISTRATION
By
__________________________________
Title Associate Administrator for Safety DateS
CERTIFICATION
I,
__________________________________________________________________,
acting as Attorney for the
State or Commonwealth agency,this
_____
day of
_______________,
do certify that I have examined
the Training Agreement and find that acceptance by the State or Commonwealth agency has been
authorized,and that the execution thereof is proper and in accordance with the laws of the State or
Commonwealth of
_______________________,
and that in my opinion,the State or Commonwealth
agency has legal authority to participate in training activities in accordance with the terms thereof.
Attorney for the State or
Commonwealth Agency