1. State the administrative agency that controls the regulation. Explain why this agency and your proposed regulation interest you (briefly). Will this proposed regulation affect you, or the business in which you are working? If so, how?
Federal Railroad administration controls the regulation. It interests me because this regulation would increase the safety of individuals. I feel really comfortable and safer since I utilize the rail transportation everyday. There were certain railroad incidents in the past, which cause the public to lose trust and doubt the capability of the railroad employees. Hopefully, the well-designed training program would have the potential to reduce risk in the railroad environment therefore; will reduce the frequency and severity of accidents. 2. Describe the proposal/change.
Proposal emphasis on the training of the railroad employees perhaps which might reduce the frequency and severity of certain accidents.
FRA is requiring that each employer of one or more safety-related railroad employees (whether the employer is a railroad, contractor, or subcontractor) train and qualify each such employee on the Federal railroad safety laws, regulations, and orders that the employee is required to comply with, as well as any relevant railroad rules and procedures promulgated to implement those Federal railroad safety laws, regulations, and orders. The final rule also requires that the training program developed by each employer be submitted to FRA for approval. FRA is proposing a holistic approach including minimum training and qualification standards, maximum refresher training intervals, review and oversight of the training programs, and performance standards. The approach consists of three main components:
1. A requirement that all employers produce and submit a training program for FRA approval.
2. A requirement that all employers implement this training program in the initial and ongoing training for all safety-critical railroad employees.
3. A requirement that certain employers monitor the outcomes of their training programs and revise the programs if and when evidence arises of the need for revision.

3. Write the public comment that you would submit to this proposal. If the proposed regulation deadline has already passed, write the comment you would have submitted. Explain briefly what you wish to accomplish with your comment.
I am writing in support of the new regulation requiring railroad employers to develop a comprehensive training program for their employees. The more training employees are required to attain, the better the particular job they can perform. Also, having employers monitor the performance of the trained employees would help them modify the training program as needed. The effect of this would help the FRA to earn the public trust and the revenue will increase because people will feel safer to utilize the rail transportation.
4. Provide the "deadline" by which the public comment must be made. (If the date has already passed, please provide when the deadline was).
February 10th, 2015
5. A. Once you have submitted your comment, what will you be legally entitled to do later in the promulgation process (if you should choose to do so)? (See the textbook's discussion of the Administrative Procedure Act.)
After the regulation is promulgated by an administrative agency and is published in the Federal Register, it generally becomes the law. So, it entitles me to get involved in the rulemaking as it gives me an opportunity to object the rule in the court of law and challenge it’s validity OR just simply support the regulation based on the rational validity of it.
B. If the proposal passes, identify and explain the five legal theories you could use in an attempt to have (any) administrative regulation declared invalid and overturned in court.
1. The first theory to challenge the regulation would be that agency violated a constitutional standard. The regulation could be considered unconstitutional.
2. The second theory for challenging the agency's regulation is that the regulation is unsupported by substantial evidence. There's no evidence to show that additional training to railroad employees would reduce the frequency and the severity of accidents.
3. The act of this agency was beyond the scope of power granted to it by congress in its enabling legislation.
4. The agency's regulations is considered arbitrary, erratic and not following any certain guidelines.
5. Another way to declare the administrative regulation invalid by analyzing if agency has provided the notice, publication and public comment enough time so, public could provide their informative comments.
C. Which of these challenges would be the best way to challenge the regulation you selected for this assignment if you wanted to have the regulation overturned, and why?
I think the best way would be to emphasis that regulation is unsupported by substantial evidence. Even though FRA is requiring from employers to establish minimum training standards for their safety-related railroad employees, to reduce the severity of the accident and to reduce the cost of the workers compensation. However, there's no statistical information to support that training employees would reduce the accidents or the labor cost therefore; this regulation could be overturned.