Railroad safety agency aims to clarify regulatory relief process

Washington — The Federal Railroad Administration is seeking to bring “clarity, transparency and consistency” to the process by which railroads petition to have safety requirements waived or suspended.

According to a recently published proposed rule, FRA is seeking to update 49 CFR Part 211 to define two components of the statutory waiver and suspension standard: “consistent with railroad safety” and “in the public interest.”

The agency said it has long interpreted the 49 U.S.C. 20103 standard as one focused on safety, including the safety of rail operations, workers and the public. Yet neither 49 U.S.C. 20103 nor 49 CFR Part 211 adequately define the two phrases in question.

FRA says it defines “consistent with railroad safety” as resulting in railroad operations that are at least as safe as or safer than without the proposed relief.

FRA also is proposing to require petitions for regulatory relief to include evidence of meaningful consultation with stakeholders.

“FRA’s waiver procedures are designed to ensure that regulatory relief is granted in limited and specific circumstances that create benefits for railroads and the public – such as by advancing innovation, supporting workers or strengthening infrastructure – while improving safety,” FRA Administrator Amit Bose said in a press release. “This proposed rule will help ensure that petitions for regulatory relief meet FRA’s safety standards and align with the agency’s policy priorities to advance the development of a safe, efficient and resilient American rail network.”

The deadline to comment on the NPRM is Jan. 11.