[Federal Register Volume 89, Number 190 (Tuesday, October 1, 2024)]
[Rules and Regulations]
[Pages 79767-79777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22326]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 225
[Docket No. FRA-2024-0034]
RIN 2130-AC98
Federal Railroad Administration Accident/Incident Investigation
Policy for Gathering Information and Consulting With Stakeholders
AGENCY: Federal Railroad Administration (FRA), U.S. Department of
Transportation (DOT).
ACTION: Direct final rule.
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SUMMARY: FRA is taking direct final action to amend its Accident/
Incident Regulations governing reporting, classification, and
investigations by codifying FRA's policy for gathering information
from, and consulting with, stakeholders during an accident/incident
investigation.
DATES:
Effective date: This final rule is effective on October 31, 2024,
without further notice unless FRA receives adverse, substantive comment
by October 31, 2024. If FRA receives adverse, substantive comment on
this direct final rule, it will publish a timely withdrawal in the
Federal Register informing the public the rule will not take effect.
ADDRESSES:
Comments: Comments related to Docket No. FRA-2024-0034 may be
submitted by going to https://www.regulations.gov and following the
online instructions for submitting comments.
Instructions: All submissions must include the agency name and
docket number or Regulatory Identification Number (RIN) for this
rulemaking (RIN 2130-AC98). Note that all comments received will be
posted without change to https://www.regulations.gov including any
personal information provided. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. For
additional submission methods and general guidance on making effective
comments, please visit https://www.transportation.gov/regulations/rulemaking-process.
Docket: For access to the docket to read comments received, go to
https://www.regulations.gov and follow the online instructions for
accessing the docket.
FOR FURTHER INFORMATION CONTACT: Rick Huggins, Supervisory Railroad
Security Specialist, Office of Railroad Safety, FRA, telephone: 202-
465-6922 or email: [email protected]; or Senya Waas, Senior
Attorney, Office of the Chief Counsel, FRA, telephone: 202-875-4158 or
email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to 49 U.S.C. 20103, FRA, as delegated by the Secretary of
Transportation,\1\ has authority to ``prescribe regulations and issue
orders for every area of railroad safety supplementing laws and
regulations in effect on October 16, 1970.'' As part of its mission to
enforce and improve rail safety, FRA investigates rail transportation
accidents/incidents which result in serious injury to an individual or
to railroad property. See 49 U.S.C. 20902. In Section 22417 of the
Infrastructure Investment and Jobs Act (IIJA), Congress mandated that
the Secretary of Transportation (Secretary) create a standard process
for investigators to use during accident and incident investigations
conducted under this section. This process is to be used to determine
when it is appropriate and the appropriate method for gathering
information about an accident or incident under investigation from
railroad carriers, contractors or employees of railroad carriers, or
representatives of employees of railroad carriers, and others, as
determined relevant by the Secretary. The process will also be used to
determine when it is appropriate to consult with railroad carriers,
contractors or employees of railroad carriers, or representatives of
employees of railroad carriers, and others, as determined relevant by
the Secretary, for technical expertise on the facts of the accident or
incident under investigation. See Public Law 117-58, section 22417,
Nov. 15, 2021, 135 Stat. 748.
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\1\ 49 CFR 1.89(a); 49 U.S.C. 103(g).
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In developing this standard process, the Secretary must also factor
in ways to maintain the confidentiality of any entity if:
(1) The entity requests confidentiality;
(2) The entity was not involved in the accident or incident; and
(3) Maintaining the entity's confidentiality does not adversely
affect FRA's investigation.
The IIJA specifies that any process developed under section 22417
applies only to FRA investigations and does not apply to any
investigation carried out by the National Transportation Safety Board
(NTSB).
In response to the IIJA mandate, FRA worked with stakeholders,
including both labor and rail organizations, to develop a Policy for
Gathering Information and Consulting with Stakeholders (Policy
Document). The resulting Policy Document is available on FRA's website
\2\ and includes guidelines for:
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\2\ https://railroads.dot.gov/elibrary/bipartisan-infrastructure-law-section-22417-fra-accident-and-incident-investigations-0.
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When FRA will provide the opportunity for stakeholders to
participate in FRA accident/incident investigations;
How FRA will notify stakeholders of an accident
investigation in which they may participate;
The expectations of stakeholders;
How stakeholders can participate in FRA's accident
investigation process;
How stakeholders can submit information to FRA to assist
with the investigation; and
How confidentiality of individuals and requests for
confidentiality by entities will be addressed and maintained.
This rule codifies the process contained in the Policy Document.
[[Page 79768]]
FRA is publishing this rule without a prior proposed rule because
it views this as a noncontroversial action that generally codifies
FRA's current process for accident investigations. As noted above, FRA
has already worked with stakeholders (both labor and the rail
organizations) to develop the Policy Document which is posted on FRA's
website. Accordingly, FRA anticipates no adverse, substantive comment
on any of the provisions of the rule. If FRA receives an adverse,
substantive comment on any of the provisions, it will publish in the
Federal Register a timely withdrawal, informing the public that the
direct final rule will not take effect.
II. Section-by-Section Analysis
Part 225 Investigations
FRA is amending 49 CFR 225.31 by consolidating existing paragraphs
(a) through (f) into numbered paragraphs (a)(1) through (6) and adding
new paragraph (b) addressing stakeholder participation in certain FRA
accident/incident investigations. FRA is also revising existing
paragraph (a) (now paragraph (a)(1)) to clarify that FRA's policy is to
investigate rail accidents/incidents which result in the serious injury
or death of a railroad employee or passenger and other accidents/
incidents where FRA determines investigation would substantially serve
to promote railroad safety.
New paragraph (b) codifies the process contained in the Policy
Document. Specifically, paragraph (b) codifies the procedures for FRA
investigators to gather information from, and consult with, various
stakeholders as part of certain accident/incident investigations.
Consistent with the Policy Document, paragraph (b) includes guidelines
for when FRA will provide stakeholders the opportunity to participate
in investigations, how FRA will notify stakeholders of an accident
investigation, how stakeholders will participate in the accident
investigation process, and how stakeholders can submit information to
FRA to assist with the investigation.
Paragraph (b) explains that, based on initial information, for
accidents or incidents involving an on-duty employee fatality, an on-
duty employee amputation, or an on-duty employee suffering a life-
threatening injury), and other accidents or incidents FRA's Chief
Safety Officer (or their delegate) determines appropriate, FRA will
provide an opportunity for stakeholder involvement in the agency's
accident investigation. Paragraph (b) further provides that those
stakeholders may include railroads, contractors, employees,
representatives of employees, industry associations, academia, the
Volpe National Transportation Systems Center, and others, as FRA
determines relevant.
Paragraphs (b)(1) through (6) set forth the procedures both FRA and
involved stakeholders must follow when conducting or participating in
accident/incident investigations under this section.
Paragraph (b)(1) addresses FRA's initial accident response and
stakeholder notification. Specifically, when initiating an accident
investigation under this section, paragraph (b)(1) requires FRA to
identify stakeholders relevant to the accident/incident.
Paragraph (b)(1)(i) requires FRA to notify identified stakeholders
when it is initiating an investigation of an accident or incident under
paragraph (b), and (b)(1)(ii) requires stakeholders interested in
participating in any such investigation to communicate their intent to
participate to FRA's Chief Safety Officer (or their delegate) within 24
hours of being notified of the investigation.
As soon as practicable after receipt of a stakeholder's notice of
its intent to participate in an FRA investigation, paragraph
(b)(1)(iii) requires FRA to establish clear channels of communication
with stakeholders, including, for example, email correspondence,
teleconferences, and in-person meetings, to facilitate the efficient
transfer of information, and consultation and coordination between FRA
and the stakeholders.
Paragraph (b)(2) establishes guidelines for stakeholder access to
an accident or incident site, and includes rules that FRA, the involved
railroad(s), and other stakeholders must follow. Specifically,
paragraph (b)(2)(i) provides that stakeholders may only gain access to
an accident site through the incident command (if the accident site is
off railroad property) or on-site railroad personnel (if the accident
site is on-railroad property). This paragraph makes clear that when
investigations occur on railroad property, although FRA encourages
railroads to permit on-site access to all relevant stakeholders
participating in FRA's investigation process and expects that railroads
will grant such access, FRA cannot, at its own discretion, provide
stakeholders access. If a railroad rule prohibits a stakeholder from
accessing an accident site during FRA's on-site investigation, the
railroad must promptly notify FRA in writing of any such rule and FRA
will subsequently communicate the substance of that rule to all
affected stakeholders. Paragraph (b)(2)(i) further provides that, in
the event a railroad rule prohibits a stakeholder from accessing an
accident site, FRA may consult with that stakeholder by other means
(e.g., real time participation in on-site meetings via video or
conference call, off-site in-person meetings, virtual meetings, or
phone calls).
Paragraph (b)(2)(ii) makes clear that any stakeholders
participating in FRA's accident/incident investigation process under
this paragraph are not actual or implied agents of FRA and, as such,
FRA is not responsible for the safety of the stakeholders.
Paragraph (b)(2)(iii) provides that FRA will initiate its on-site
investigation when FRA staff arrive at an accident site, and the FRA
investigation team will depart the accident site upon completion of
FRA's on-site investigation activities. FRA will not await the arrival
of stakeholder representatives to begin its investigation, and, if a
stakeholder timely notifies FRA's of its intent to participate but does
not arrive at the accident/incident scene during the investigation, FRA
may make a reasonable effort, at its discretion, to provide a verbal
summary of the status of the investigation before FRA departs the
scene.
Paragraph (b)(2)(iv) requires each stakeholder representative
participating in FRA's on-site investigation to contact the FRA
Inspector-in-Charge (IIC) upon arrival at the accident site and provide
photo identification to the IIC. This paragraph further explains that,
at the time of a stakeholder's initial contact with the IIC, the IIC or
other FRA representative will provide the stakeholder with the name and
contact information for the incident commander and other pertinent
information related to the accident known to the IIC at the time.
Paragraph (b)(3) addresses stakeholder participation in FRA's off-
site information gathering and investigative activities. Specifically,
paragraph (b)(3)(i) provides that FRA will establish a means to receive
and share documents and information electronically with stakeholders.
As outlined in FRA's Policy for Gathering Information and Consulting
with Stakeholders, FRA has developed a web-based document sharing site
for stakeholders to provide relevant documents or information to FRA
and for FRA to share relevant information with stakeholders. Consistent
with the published policy statement, stakeholders submitting documents
and information to FRA's investigation team must submit those
[[Page 79769]]
materials electronically through the site. Protection of personal
confidential information and requests for protection of confidential
business information by entities that have been granted by FRA will
apply to relevant documents provided pursuant to this paragraph.
Paragraph (b)(3)(ii) provides that stakeholders may request
meetings with representatives of other non-FRA stakeholders and request
that FRA participate in such meetings. Although FRA participation is
not guaranteed, any information pertinent to the investigation made
available through these meetings must be documented and submitted to
FRA.
Paragraph (b)(3)(iii) provides that any stakeholder seeking to
provide confidential information to FRA, must coordinate with the IIC
prior to submittal of that information and submit the information to
FRA in compliance with 49 CFR 209.11.
Paragraph (b)(4) addresses stakeholder participation in FRA's off-
site analysis portion of an FRA accident investigation. This paragraph
provides that, when FRA deems appropriate, the FRA investigation team
will consult with stakeholders to review the facts gathered during the
FRA's investigation, FRA's analysis of those facts, and FRA's input and
outputs of root cause analyses. Stakeholders may offer input, raise
concerns, and participate in discussions aimed at identifying root
causes and potential recommendations to mitigate risk or prevent
reoccurrence of the accident/incident. Stakeholders will not be
included in any FRA deliberations or consideration of potential
compliance or enforcement issues related to an accident/incident
investigation.
Paragraph (b)(5) addresses the confidentiality of certain
information related to accident or incident investigations.
Paragraph (b)(5)(i) specifies that, in accordance with all
applicable laws and regulations, FRA will maintain as confidential any
personally identifiable information or sensitive security information
as defined in 49 CFR 1520.5, respectively. This paragraph further
requires that any documents or information a stakeholder provides to
FRA as part of that stakeholder's participation in an accident/incident
under this section, and for which the stakeholder requests
confidentiality, must be submitted in accordance with 49 CFR 209.11.
Moreover, FRA, pursuant to 49 CFR part 209, will maintain the
confidentiality of any stakeholder if: (1) such stakeholder requests
confidentiality; (2) such stakeholder was not involved in the accident
or incident; and (3) maintaining such stakeholder's confidentiality
does not adversely affect an FRA investigation.
Additionally, until FRA publishes its report on an investigation,
stakeholders participating in the investigation may not disseminate any
information (whether that information is confidential or not), or
comment on an investigation to non-stakeholders through any means,
unless FRA's Chief Safety Officer determines that public safety
necessitates allowing the release of certain information to non-
stakeholders. FRA's Chief Safety Officer must make any such
determination in writing. This limitation on sharing information is
intended to limit participating stakeholders from publicly sharing
information about the ongoing investigation, to ensure FRA's ability to
conduct the investigation. The limitation does not limit participating
stakeholders from sharing information with individuals within their
organization.
Paragraph (b)(6) provides that nothing in this rule may be
construed to reduce, in any way, the protections afforded to
individuals who exercise the conduct protected by 49 CFR 225.33,
Internal Control Plans, and 49 United States Code (U.S.C.) 20109,
Federal Railroad Safety Act, Whistleblower Protections.
Paragraphs (d), (e), and (f) of this section are being redesignated
as paragraphs (a)(2) through (6) although the text remains
substantively unchanged.
III. Regulatory Impact and Notices
A. Executive Order 12866 as Amended by Executive Order 14094 and DOT
Regulatory Policies and Procedures
This final rule is a non-significant regulatory action within the
meaning of Executive Order (E.O.) 12866, as amended by E.O. 14094,
``Modernizing Regulatory Review'' \3\ and DOT's Order, ``Rulemaking and
Guidance Procedures,'' DOT 2100.6A (June 7, 2021).\4\ FRA made this
determination because the economic effects of this regulatory action
will not exceed the $100 million annual threshold as defined by E.O.
12866.
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\3\ 88 FR 21879 (Apr. 6, 2023) available at https://www.federalregister.gov/documents/2023/04/11/2023-07760/modernizing-regulatory-review.
\4\ DOT-2100.6A-Rulemaking and Guidance (Jun. 7, 2021) available
at https://www.transportation.gov/sites/dot.gov/files/2021-08/Final-for-OST-C-210407-001-signed.pdf.
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FRA is amending its Accident/Incident Regulations, covering
reporting, classification, and investigations, by codifying its policy
for gathering information from and consulting with stakeholders during
an accident/incident investigation. FRA has revised its accident
investigation process to establish procedures for stakeholder
participation in investigation, including notifying stakeholders of an
accident investigation; permitting the assistance of stakeholders in
investigations; and allowing stakeholders to submit information to FRA
to assist with the investigation.
FRA anticipates the primary benefit of this rule will be the
increased information made available for accident/incident
investigations. Involving stakeholders may result in the accident
investigation process receiving more diverse perspectives and more
complete information, which will provide accident investigators with
valuable information that could be essential towards making well-
informed determinations. FRA also expects that providing a means to
submit information to an accessible web-based document sharing site
will increase transparency and efficiency in the accident investigation
process since there will now be one central point for all documentation
related to each accident investigation, and the information will be
accessible to all necessary parties.
FRA estimates this direct final rule will incur a cost of
approximately $0.8 million (Present Value (PV),\5\ 7-percent) over the
next ten years. Table 1 displays the costs of this rule.
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\5\ The present value of costs are calculated in this analysis.
Present value provides a way of converting future costs into
equivalent DOT-2100.6A--Rulemaking and Guidance (Jun. 7, 2021)
available at https://www.transportation.gov/sites/dot.gov/files/2021-08/Final-for-OST-C-210407-001-signed.pdf.
[[Page 79770]]
Table 1--Total Costs of the Direct Final Rule (2023 Dollars) \6\
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Total Total
Year stakeholder government Total costs Discounted 7% Discounted 3%
costs costs
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1............................... $97,922 $19,753 $117,675 $117,675 $117,675
2............................... 97,922 10,541 108,463 101,367 105,304
3............................... 97,922 10,541 108,463 94,736 102,237
4............................... 97,922 10,541 108,463 88,538 99,259
5............................... 97,922 10,541 108,463 82,746 96,368
6............................... 97,922 10,541 108,463 77,333 93,561
7............................... 97,922 10,541 108,463 72,273 90,836
8............................... 97,922 10,541 108,463 67,545 88,190
9............................... 97,922 10,541 108,463 63,126 85,622
10.............................. 97,922 10,541 108,463 58,997 83,128
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Total....................... 979,220 114,622 1,093,842 824,336 962,180
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Note: This table and some others throughout this analysis may not sum due to rounding.
Baseline Scenario
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\6\ All figures are presented in a 2023 base year unless
otherwise noted.
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If this final rule were not promulgated, FRA would conduct the same
number of annual accident/incident investigations but would not have a
formal process to allow stakeholders to submit relevant documents to
FRA related to an accident/incident. The accident/incident
investigation process will now include an opportunity for stakeholders
to participate in formal investigations. The additional documentation
from stakeholders will create more transparency and efficiency in the
accident investigation process.
Assumptions and Inputs
The analysis associated with this final rule is based on
assumptions in Table 2. Unless otherwise specified, FRA obtained these
estimates from subject matter experts within FRA's Office of Railroad
Safety, who have over 50 years of combined industry experience. This
analysis uses a 2023 base year. Numbers are not discounted in the first
year of analysis.
Table 2--Assumptions
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------------------------------------------------------------------------
Accident Investigation Notifications
------------------------------------------------------------------------
Annual number of accidents/incidents per year 25 accidents.
for which FRA will require stakeholder
notifications.
Time for Chief Safety Officer to provide each 0.25 hours.
notification.
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Stakeholder Accident Investigation Representations
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Percent of accident investigations with in- 50 percent.
person representation.
Round-trip travel time per day for union 2 hours.
representative.
Time per day for accident/incident investigation 8 hours.
Average number of union representatives per 2 employees.
investigation.
Average number of investigation days per 3 days.
accident/incident.
Percent of accident/incident investigations that 25 percent.
may overlap with National Transportation Safety
Board investigations.
Percent of accident/incident investigations that 50 percent.
may require a hotel stay.
Stakeholder hotel and flight travel costs per 1,500 dollars.
investigation.
------------------------------------------------------------------------
FRA-Provided Training and Outreach
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FRA outreach training time...................... 1 hour.
Number of annual FRA training sessions.......... 5 sessions.
------------------------------------------------------------------------
Stakeholder Documentation Submissions to FRA
------------------------------------------------------------------------
Percent of investigations where stakeholders 100 percent.
submit documents to FRA.
Time per investigation to gather and submit 4 hours.
documents.
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FRA Review of Stakeholder Documentation
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Time for FRA employee to review documents....... 2 hours.
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Document Sharing Site Creation
------------------------------------------------------------------------
Time to create document sharing site............ 64 hours.
Time for FRA Senior Leadership to review/approve 16 hours.
document sharing site.
Time needed for IT developers to grant document 1 hour.
sharing site access to stakeholders.
------------------------------------------------------------------------
[[Page 79771]]
Benefits
FRA anticipates the primary benefit of this rule will be the
increased information made available for accident/incident
investigations. FRA has not quantified the benefits of this final rule,
but FRA expects these benefits should be considered when discussing the
effect of this final rule. Involving stakeholders may result in the
accident investigation process receiving more diverse perspectives and
more complete information, which will provide accident investigators
with valuable information that could be essential towards making well-
informed determinations. FRA also expects that providing a means to
submit information to an accessible web-based document sharing site
will increase transparency and efficiency in the accident investigation
process since there will now be one central point for all documentation
related to each accident investigation, and the information will be
accessible to all necessary parties. FRA acknowledges that additional
unquantified benefits could occur as a result of this final rule.
Costs
FRA estimates the costs that would be associated with this final
rule. Specifically, there will be time and travel-related costs to
stakeholders who participate in the accident/incident investigations,
as well as time spent in their submission of documents to FRA. There
will also be costs to FRA related to accident/incident investigation
notifications, training, and outreach, reviewing stakeholder
documentations, and the creation of the web-based document sharing
site.
Accident Investigation Notifications
FRA will provide notifications to stakeholders for each
investigation of an accident/incident that results in the serious
injury or death of a railroad employee or passenger and other
accidents/incidents for which FRA determines investigation would
substantially serve to promote railroad safety. The notifications will
include relevant details regarding the accident/incident, and the scope
of the investigation. FRA estimates that approximately 25 accident/
incident investigation notifications will be sent annually, and each
notification will take approximately 15 minutes (0.25 hours) to send.
FRA's Chief Safety Officer (or their designee) will notify relevant
stakeholders when FRA is initiating an accident investigation subject
to this rule.\7\ For purposes of this analysis, FRA uses a burdened
wage rate of $148.56 to represent the wage for the Chief Safety
Officer.\8\ Using this information, FRA estimates an annual cost of
$929, undiscounted, for accident investigation notifications to be sent
to stakeholders. Table 3 displays the annual cost to FRA for sending
accident/incident investigation notifications to stakeholders.
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\7\ In some situations, FRA's Chief Safety Officer may delegate
this duty to other FRA personnel. In these cases, the costs would be
lower.
\8\ Senior Executive Service, average salary, 2023, burdened at
75%. https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/23Tables/exec/html/ES.aspx.
Table 3--Annual Accident Investigation Notifications
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Time per Annual
Number of annual notifications notification Burdened hourly notification
(hours) wage cost
a b c d = a x b x c
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25........................................................... 0.25 $148.56 $929
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In-Person Representation
Upon receiving notification from FRA, stakeholders are given the
opportunity to participate in each accident/incident investigation. FRA
subject matter experts assume stakeholders will attend approximately 50
percent of the investigations in-person. Using this data, FRA estimates
stakeholders will attend 13 accident/incident investigations annually.
However, FRA anticipates that about 25 percent of these accident
investigations may have some overlap with existing NTSB accident
investigations. Thus, FRA estimates approximately 10 annual FRA-led
accident/incident investigations will have stakeholder in-person
representation. FRA uses this assumption to estimate travel and in-
person investigation cost estimates in the sections below. Table 4
displays the number of annual FRA-led investigations with in-person
stakeholder representation that will be used for purposes of this
analysis.
Table 4--Annual FRA-Led Investigations With In-Person Stakeholder
Representation
------------------------------------------------------------------------
Percentage of FRA- Number of annual
Number of annual in-person led FRA-led
investigations attended investigations investigations
a b c = a x b
------------------------------------------------------------------------
13.............................. 75 10
------------------------------------------------------------------------
Travel Costs
For purposes of this analysis, FRA estimates travel costs
associated with the FRA-led accident investigations. FRA assumes
stakeholders will send senior-level representation for each accident/
incident investigation. FRA uses a wage of $118.46 to represent the
burdened hourly wage for stakeholder representation throughout this
analysis.\9\
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\9\ STB 2023 wage rates for Group #100 (Executives, Officials, &
Staff Assistants), $67.69, burdened at 75-percent. Surface
Transportation Board: 2023 Quarterly Wage A&B Data, annual data.
https://www.stb.gov/reports-data/economic-data/quarterly-wage-ab-data/.
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[[Page 79772]]
FRA assumes stakeholders would drive to the investigation location
daily, and half of the stakeholders would incur additional hotel and
flight expenses. FRA assumes two stakeholder representatives would
attend each investigation for purposes of this analysis.
FRA estimates all of the annual FRA-led investigations will require
stakeholders to drive to and from the investigation location each day,
either from home or from a hotel. FRA assumes, on average, each
investigation will take approximately three working days (or 24 hours
total) for purposes of this analysis. FRA estimates it will take
stakeholders approximately one hour to drive each one-way trip (or two
hours daily). Table 5 displays the travel costs associated with
stakeholders commuting daily to/from the investigation site.
Table 5--Stakeholder Driving Costs
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Stakeholder
travel time per Number of Burdened hourly Travel (driving)
Number of annual investigations investigation stakeholders wage costs
(hours)
a b c d e = a x b x c x d
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10.................................... 6 2 $118.46 $14,215
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FRA estimates half (5) of the annual FRA-led investigations may
require stakeholders to pay for flight and hotel travel expenses. FRA
assumes travel costs for stakeholders would accrue to approximately
$1,500 per investigation. Table 6 displays the travel costs associated
with stakeholders who may require flight and hotel expenses.
Table 6--Stakeholder Hotel and Flight Costs
------------------------------------------------------------------------
Stakeholder
Number of annual flight and Number of Annual flight
investigations with hotel costs per stakeholders and hotel costs
flight and hotel investigation
a b c d = a x b x c
------------------------------------------------------------------------
5.................... $1,500 2 $15,000
------------------------------------------------------------------------
Using the information above, FRA estimates an annual stakeholder
travel cost of $29,215, undiscounted, for this rule.
Accident Investigation Participation
FRA estimates stakeholders will participate in 10 FRA-led accident/
incident investigations each year. FRA estimates, on average, each
investigation will take 24 hours (three working days) to complete.
Using this information, FRA estimates an annual cost of $56,861 for
stakeholders to participate in FRA-led investigations, shown in Table
7.
Table 7--Annual Cost for Stakeholder Investigation Participation
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Average number
Number of annual FRA-led of hours per Number of Burdened hourly Annual cost
investigations investigation stakeholders wage
a b c d e = a x b x c x d
----------------------------------------------------------------------------------------------------------------
10.................................... 24 2 $118.46 $56,861
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Documentation Submission
FRA estimates stakeholders will submit documentation for each
accident/incident investigation, regardless of whether the stakeholder
participates in-person. FRA estimates it will take stakeholders
approximately four hours to gather and submit relevant documents to FRA
for the investigation process. FRA estimates an annual cost of $11,846
for stakeholders to submit documents to FRA for investigations, shown
in Table 8.
Table 8--Annual Cost for Stakeholders To Submit Documents to FRA
------------------------------------------------------------------------
Time per Annual
Number of annual submission Burdened hourly submission
submissions (hours) wage cost
a b c d = a x b x c
------------------------------------------------------------------------
25................... 4 $118.46 $11,846
------------------------------------------------------------------------
[[Page 79773]]
FRA estimates, upon receiving the documents from stakeholders, a
railroad safety specialist will conduct a review of the package. FRA
estimates that each submission package will take approximately two
hours to review. For purposes of this analysis, FRA uses a burdened
hourly wage rate of $126.21 to represent the wage for a railroad safety
specialist.\10\ FRA estimates an annual cost of $6,311 for FRA to
review the documents submitted by stakeholders, shown in Table 9.
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\10\ Washington, DC Locality Pay, 2023, GS-14, Step 5
($150,016), divided by 2,080 hours, burdened at 75%. https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/23Tables/html/DCB.aspx.
Table 9--FRA Documentation Review
----------------------------------------------------------------------------------------------------------------
Time per Burdened hourly Annual review
Number of annual submission reviews review (hours) wage cost
a b c d = a x b x c
----------------------------------------------------------------------------------------------------------------
25........................................................... 2 $126.21 $6,311
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FRA Outreach to Stakeholders
FRA anticipates multiple occasions annually where FRA would meet
with labor unions and stakeholder groups to ensure they understand the
amendments to the accident investigation process. FRA estimates five
meetings would occur annually where a railroad safety specialist would
provide outreach to stakeholders and answer questions they may have
regarding the amended process. FRA estimates each session would take
approximately one hour to conduct. FRA uses this information to
estimate an annual cost of $631 for stakeholder outreach, shown in
Table 10.
Table 10--FRA Outreach Costs
------------------------------------------------------------------------
Number of FRA Time per Burdened hourly Annual outreach
outreach sessions session (hours) wage cost
a b c d = a x b x c
------------------------------------------------------------------------
5.................... 1 $126.21 $631
------------------------------------------------------------------------
Web-Based Document Sharing Site Creation
FRA has developed a web-based document sharing site as a means for
stakeholders to submit documents to FRA as a part of the accident/
incident investigation process. FRA anticipates stakeholders will
utilize this site as the primary means of document submission and
sharing of information for future accident investigations.\11\
---------------------------------------------------------------------------
\11\ Although FRA anticipates the web-based document sharing
site as the primary means to submit/share information relevant to
accident/incident investigations, stakeholders may still submit
relevant information to FRA without using the site.
---------------------------------------------------------------------------
The web-based document sharing site was created internally by FRA's
information technology (IT) office. The total project development time
was 80 hours. The project development process was split between both an
IT developer creating the site and FRA senior leadership reviewing and
approving the site before it was finalized. FRA estimates it took 64
hours for the IT developer to create and finalize the web-based
document sharing site, and it took 16 hours for FRA senior leadership
to review and approve it. For purposes of this analysis, FRA uses a
burdened wage rate of $106.80 to estimate the costs of the web-based
document sharing site creation.\12\ Table 11 displays the one-time
costs of the web-based document sharing site.
---------------------------------------------------------------------------
\12\ Washington, DC Locality Pay, 2023, GS-13, Step 5
($126,949), divided by 2,080 hours, burdened at 75%. https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/23Tables/html/DCB.aspx.
Table 11--Web-Based Document Sharing Site Creation
----------------------------------------------------------------------------------------------------------------
Web-based
document Web-based
sharing site Burdened wage document
development rate sharing site
time (hours) cost
a b c = a x b
----------------------------------------------------------------------------------------------------------------
IT Specialist................................................... 64 $106.80 $6,835
SES Review/Approval............................................. 16 148.56 2,377
-----------------------------------------------
Total....................................................... 80 .............. 9,212
----------------------------------------------------------------------------------------------------------------
FRA estimates all 25 annual accident investigations will have
documentation submitted by the stakeholders, regardless of whether or
not the stakeholder participates in-person. FRA estimates stakeholders
would need to
[[Page 79774]]
submit minimal contact information to FRA to be granted access to the
web-based document sharing site. FRA considers these costs to be de
minimis. However, FRA does account for the cost to FRA for granting
access to stakeholders once this information has been submitted. FRA
estimates it will take approximately one hour for FRA's IT developer to
grant access to each stakeholder upon receiving the necessary
information. Table 12 displays the annual cost to FRA for granting
stakeholders access to the web-based document sharing site.
Table 12--FRA Costs for Granting Stakeholders Document Sharing Site
Access
------------------------------------------------------------------------
Number of annual
stakeholder access Time to grant Burdened wage Annual access
requests access (hours) rate cost
a b c d = a x b x c
------------------------------------------------------------------------
25................... 1 $106.80 $2,670
------------------------------------------------------------------------
Total Costs
FRA estimates a total 10-year cost of $0.7 million (PV, 7-percent)
to stakeholders for this rule. Table 13 displays the total costs to
stakeholders for this final rule.
Table 13--Total 10-Year Cost to Stakeholders
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total
Year Travel Investigation Document stakeholder Discounted 7% Discounted 3%
participation submission costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
1....................................................... $ 29,215 $ 56,861 $ 11,846 $ 97,922 $ 97,922 $ 97,922
2....................................................... 29,215 56,861 11,846 97,922 91,516 95,070
3....................................................... 29,215 56,861 11,846 97,922 85,529 92,301
4....................................................... 29,215 56,861 11,846 97,922 79,934 89,613
5....................................................... 29,215 56,861 11,846 97,922 74,704 87,002
6....................................................... 29,215 56,861 11,846 97,922 69,817 84,468
7....................................................... 29,215 56,861 11,846 97,922 65,250 82,008
8....................................................... 29,215 56,861 11,846 97,922 60,981 79,620
9....................................................... 29,215 56,861 11,846 97,922 56,991 77,301
10...................................................... 29,215 56,861 11,846 97,922 53,263 75,049
-----------------------------------------------------------------------------------------------
Total............................................... 292,150 568,610 118,460 979,220 735,907 860,354
--------------------------------------------------------------------------------------------------------------------------------------------------------
FRA estimates a total 10-year cost of $0.1 million (PV, 7-percent)
to FRA for this rule. Table 14 displays the total costs to FRA for this
final rule.
Table 14--Total 10-Year Cost to FRA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Web-based Total
Year Notifications Outreach/ Documentation document government Discounted 7% Discounted 3%
training review sharing site costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
1....................................... $929 $631 $6,311 $11,882 $19,753 $19,753 $19,753
2....................................... 929 631 6,311 2,670 10,541 9,851 10,234
3....................................... 929 631 6,311 2,670 10,541 9,207 9,936
4....................................... 929 631 6,311 2,670 10,541 8,605 9,647
5....................................... 929 631 6,311 2,670 10,541 8,042 9,366
6....................................... 929 631 6,311 2,670 10,541 7,516 9,093
7....................................... 929 631 6,311 2,670 10,541 7,024 8,828
8....................................... 929 631 6,311 2,670 10,541 6,564 8,571
9....................................... 929 631 6,311 2,670 10,541 6,135 8,321
10...................................... 929 631 6,311 2,670 10,541 5,734 8,079
---------------------------------------------------------------------------------------------------------------
Total............................... 9,290 6,310 63,110 35,912 114,622 88,431 101,828
--------------------------------------------------------------------------------------------------------------------------------------------------------
FRA estimates a total 10-year cost of $0.8 million (PV, 7-percent)
for this direct final rule, shown in Table 15.
[[Page 79775]]
Table 15--10-Year Total Costs
----------------------------------------------------------------------------------------------------------------
Total Total
Year stakeholder government Total costs Discounted 7% Discounted 3%
costs costs
----------------------------------------------------------------------------------------------------------------
1............................... $97,922 $19,753 $117,675 $117,675 $117,675
2............................... 97,922 10,541 108,463 101,367 105,304
3............................... 97,922 10,541 108,463 94,736 102,237
4............................... 97,922 10,541 108,463 88,538 99,259
5............................... 97,922 10,541 108,463 82,746 96,368
6............................... 97,922 10,541 108,463 77,333 93,561
7............................... 97,922 10,541 108,463 72,273 90,836
8............................... 97,922 10,541 108,463 67,545 88,190
9............................... 97,922 10,541 108,463 63,126 85,622
10.............................. 97,922 10,541 108,463 58,997 83,128
-------------------------------------------------------------------------------
Total....................... 979,220 114,622 1,093,842 824,336 962,180
----------------------------------------------------------------------------------------------------------------
B. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 ((RFA), 5 U.S.C. 601 et
seq.) and E.O. 13272 (67 FR 53461, Aug. 16, 2002) require agency review
of proposed and final rules to assess their impacts on small entities.
When an agency issues a proposed rule, the RFA requires the agency to
``prepare and make available for public comment an initial regulatory
flexibility analysis'' which will ``describe the impact of the proposed
rule on small entities.'' 5 U.S.C. 603(a). Section 605 of the RFA
allows an agency to certify a rule, in lieu of preparing an analysis,
if the proposed rulemaking is not expected to have a significant
economic impact on a substantial number of small entities. Although
this final rule will impact small entities, it is entirely voluntary
for those entities to participate, imposing only de minimis additional
burdens or benefits on regulated entities. The regulation would
therefore not have a significant impact on a substantial number of
small entities. Pursuant to 5 U.S.C. 601(b), the FRA Administrator
hereby certifies that this final rule will not have a significant
impact on a substantial number of small entities.
In addition, FRA has determined the RFA does not apply to this
rulemaking. The Small Business Administration's A Guide for Government
Agencies: How to Comply with the Regulatory Flexibility Act (2017),
provides that if, under either the APA or any rule of general
applicability governing federal grants to state and local governments,
the agency is required to publish a general notice of proposed
rulemaking (NPRM), the RFA must be considered. See 5 U.S.C. 604(a). If
an NPRM is not required, the RFA does not apply. Therefore, because FRA
is not required to publish an NPRM, the RFA does not apply.
C. Paperwork Reduction Act
There are no new or additional information collection requirements
associated with this final rule. Therefore, FRA is not required to
provide an estimate of a public reporting burden in this document.
D. Environmental Assessment
FRA has evaluated this final rule in accordance with the National
Environmental Policy Act (NEPA) (42 U.S.C. 4321 et seq.), the Council
of Environmental Quality's NEPA implementing regulations (40 CFR parts
1500 through 1508), FRA's regulations implementing NEPA (23 CFR part
771), and other environmental statutes, executive orders, and related
regulatory requirements. FRA has determined that this rule is
categorically excluded from environmental review and therefore does not
require the preparation of an environmental assessment (EA) or
environmental impact statement (EIS). Categorical exclusions (CEs) are
actions identified in an agency's NEPA implementing procedures that do
not normally have a significant impact on the environment and therefore
do not require either an EA or EIS. Specifically, FRA has determined
that this final rule is categorically excluded from detailed
environmental review.
This rulemaking would not directly or indirectly impact any
environmental resources and would not result in significantly increased
emissions of air or water pollutants or noise. In analyzing the
applicability of a CE, FRA must also consider whether unusual
circumstances are present that would warrant a more detailed
environmental review. FRA has concluded that no such unusual
circumstances exist with respect to this final rule and it meets the
requirements for categorical exclusion.
Pursuant to Section 106 of the National Historic Preservation Act
and its implementing regulations, FRA has determined this undertaking
has no potential to affect historic properties. FRA has also determined
that this rulemaking does not approve a project resulting in a use of a
resource protected by Section 4(f). Further, FRA reviewed this final
rulemaking and found it consistent with E.O. 14008, ``Tackling the
Climate Crisis at Home and Abroad.''
E. Environmental Justice
Executive Order 14096, ``Revitalizing Our Nation's Commitment to
Environmental Justice for All,'' which expands on E.O. 12898, ``Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations,'' requires DOT agencies to achieve
environmental justice as part of their mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health or environmental effects, including interrelated social and
economic effects, of their programs, policies, and activities on
minority populations and low-income populations. DOT Order 5610.2C
(``U.S. Department of Transportation Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations'') instructs
DOT agencies to address compliance with E.O. 12898 and requirements
within the DOT Order 5610.2C in rulemaking activities, as appropriate,
and also requires consideration of the benefits of transportation
programs, policies, and other activities where minority populations and
low-income populations benefit, at a minimum, to the same level as the
general population as a whole when determining impacts on minority and
low-income
[[Page 79776]]
populations.\13\ FRA has evaluated this final rule under Executive
Orders 12898, 14096, and DOT Order 5610.2C, and has determined it will
not cause disproportionate and adverse human health and environmental
effects on communities with environmental justice concerns.
---------------------------------------------------------------------------
\13\ E.O. 14096 ``Revitalizing Our Nation's Commitment to
Environmental Justice,'' issued on April 26, 2023, supplements E.O.
12898, but is not currently referenced in DOT Order 5610.2C.
---------------------------------------------------------------------------
F. Federalism Implications
This final rule will not have a substantial effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government. Thus, in accordance with E.O. 13132,
``Federalism'' (64 FR 43255, Aug. 10, 1999), preparation of a
Federalism Assessment is not warranted.
G. Unfunded Mandates Reform Act of 1995
This final rule will not result in the expenditure, in the
aggregate, of $100,000,000 or more, adjusted for inflation, in any one
year by State, local, or Indian Tribal governments, or the private
sector. Thus, consistent with section 202 of the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4, 2 U.S.C. 1532), FRA is not required
to prepare a written statement detailing the effect of such an
expenditure.
H. Energy Impact
E.O. 13211 requires Federal agencies to prepare a Statement of
Energy Effects for any ``significant energy action.'' 66 FR 28355 (May
22, 2001). FRA has evaluated this rule in accordance with E.O. 13211
and determined that this rule is not a ``significant energy action''
within the meaning of E.O. 13211.
I. Executive Order 13175 (Tribal Consultation)
FRA has evaluated this final rule in accordance with the principles
and criteria contained in E.O. 13175, ``Consultation and Coordination
with Indian Tribal Governments,'' dated November 6, 2000. The final
rule would not have a substantial direct effect on one or more Indian
tribes, would not impose substantial direct compliance costs on Indian
tribal governments, and would not preempt tribal laws. Therefore, the
funding and consultation requirements of E.O. 13175 do not apply, and a
tribal summary impact statement is not required.
J. International Trade Impact Assessment
The Trade Agreement Act of 1979 prohibits Federal agencies from
engaging in any standards or related activities that create unnecessary
obstacles to the foreign commerce of the United States. Legitimate
domestic objectives, such as safety, are not considered unnecessary
obstacles. The statute also requires consideration of international
standards and where appropriate, that they be the basis for U.S.
standards. This rulemaking is purely domestic in nature and is not
expected to affect trade opportunities for U.S. firms doing business
overseas or for foreign firms doing business in the United States.
List of Subjects in 49 CFR Part 225
Investigations, Penalties, Railroad safety, Reporting and
recordkeeping requirements.
In consideration of the foregoing, FRA amends part 225 of chapter
II, subtitle B of title 49, Code of Federal Regulations as follows:
PART 225--RAILROAD ACCIDENTS/INCIDENTS: REPORTS CLASSIFICATION, AND
INVESTIGATIONS
0
1. The authority citation for part 225 continues to read as follows:
Authority: 49 U.S.C. 103, 322(a), 20103, 20107, 20901-20902,
21301, 21302, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89.
0
2. Revise and republish Sec. 225.31 to read as follows:
Sec. 225.31 Investigations.
(a) General. (1) It is the policy of FRA to investigate rail
transportation accidents/incidents which result in the serious injury
or death of a railroad employee or passenger and other accidents/
incidents, the investigation of which FRA determines would
substantially serve to promote railroad safety.
(2) FRA representatives are authorized to investigate accidents/
incidents and have been issued credentials authorizing them to inspect
railroad records and properties. They are authorized to obtain all
relevant information concerning accidents/incidents under
investigation, to make inquiries of persons having knowledge of the
facts, conduct interviews and inquiries, and attend as an observer,
hearings conducted by railroads. When necessary to carry out an
investigation, the FRA may authorize the issuance of subpoenas to
require the production of records and the giving of testimony.
(3) Whenever necessary, the FRA will schedule a public hearing
before an authorized hearing officer, in which event testimony will be
taken under oath, a record made, and opportunity provided to question
witnesses.
(4) When necessary in the conduct of an investigation, the Federal
Railroad Administrator may require autopsies and other tests of the
remains of railroad employees who die as a result of an accident/
incident.
(5) Information obtained through FRA accident investigations may be
published in public reports or used for other purposes FRA deems to be
appropriate.
(6) Section 20903 of title 49 of the United States Code provides
that no part of a report of an accident investigation under section
20902 of title 49 of the United States Code may be admitted as evidence
or used for any purpose in any suit or action for damages growing out
of any matter mentioned in the accident investigation report.
(b) Stakeholder participation. For accidents or incidents
involving, based on initial information, an on-duty employee fatality,
an on-duty employee amputation, or an on-duty employee suffering life-
threatening injuries, and other accidents or incidents FRA's Chief
Safety Officer (or their delegate) determines appropriate, FRA will
provide an opportunity for stakeholder involvement in FRA's accident
investigation. Stakeholders may include, but are not limited to,
railroads, contractors, employees, representatives of employees,
industry associations, academia, the Volpe Center, and any other
persons or entities FRA determines to be relevant. FRA, involved
stakeholders, and railroads whose property is the site of an
investigation, shall adhere to the following procedures and limits when
conducting or participating in accident/incident investigations under
this section:
(1) Initial response and stakeholder notification. When initiating
an investigation into an accident under this paragraph, FRA will
identify stakeholders relevant to the accident or incident.
(i) FRA will promptly notify, in writing where practicable, the
identified stakeholders of the agency's initiation of an investigation
into an accident or incident. Such notifications will include the known
relevant details regarding the incident and the expected scope of the
investigation.
(ii) Stakeholders interested in participating in the investigation
must communicate their intent to participate to FRA's Chief Safety
Officer (or their
[[Page 79777]]
delegate) within 24 hours of the notification under paragraph (b)(1)(i)
of this section.
(iii) As soon as practicable, upon receipt of stakeholders' notice
of intent to participate in an investigation, FRA shall establish clear
channels of communication with the identified stakeholders. These
channels may include, but are not limited to, email correspondence,
teleconferences, in-person meetings, and online forums.
(2) On-site investigation. (i) Stakeholders may only gain access to
the accident site through the incident command or on-site railroad
personnel. When investigations occur on railroad property, FRA
encourages railroads to permit on-site access to stakeholders
participating in FRA's investigation process and expects that railroads
will grant such access. However, FRA cannot, at its own discretion,
provide stakeholders' access to an accident site. If a railroad rule
prohibits a stakeholder from accessing the accident site during FRA's
on-site investigation, a railroad must promptly notify FRA in writing
of any such rule, and FRA will subsequently communicate the substance
of the rule to all affected stakeholders. In these instances, as
practicable, FRA may consult with any affected stakeholder by other
means (e.g., through real-time participation in on-site meetings via
video or conference call, off-site in-person meetings, virtual
meetings, or phone calls).
(ii) Stakeholders are not actual or implied agents of FRA. FRA is
not responsible for the safety of stakeholders.
(iii) FRA will initiate its on-site investigation when FRA staff
arrive at an accident site, and the FRA investigation team will depart
the accident site upon completion of FRA's on-site investigation
activities. FRA will not wait for participating stakeholders to arrive
at the accident site to begin its investigation, but FRA will make a
reasonable effort to provide a stakeholder that does not arrive at the
accident site during the investigation a verbal summary of the status
of the investigation. As needed, FRA will advise stakeholder
representatives when the FRA team expects to leave the accident site.
(iv) Each stakeholder representative participating in FRA's on-site
investigation must contact the FRA Inspector-in-Charge (IIC) upon
arrival at the accident site and provide photo identification to the
IIC. At the time of a stakeholder's initial contact with the IIC, the
IIC or other FRA representatives will provide the stakeholder with the
name and contact information for the incident commander and other
pertinent information related to the accident known to the IIC at the
time. As needed, FRA's investigation team should coordinate meeting(s)
with stakeholders and provide a verbal summary of the status of the
investigation as stakeholders arrive to the accident site.
(3) Off-site information gathering and investigative activities.
(i) When conducting accident/incident investigations under this
paragraph, to the extent practicable, FRA will establish a means to
receive and share documents and information with Stakeholders
electronically. Any documents or information stakeholders submit to
FRA's investigation team must be provided to FRA through such
established system. With the exception of confidential information or
documents or information appropriately submitted consistent with
paragraph (4) of this section, FRA may share documents relevant to its
investigation with Stakeholders.
(ii) Stakeholders may request meetings with representatives of
other non-FRA stakeholders and request that FRA participate in such
meetings. FRA participation is not guaranteed, and any information
pertinent to the investigation made available through these meetings
must be documented and submitted through the established electronic
information sharing system.
(iii) Any stakeholder seeking to provide confidential information
to FRA, or to maintain the confidentiality of such stakeholder's
identity, must coordinate with the IIC prior to submittal of that
information and submit the information to FRA in compliance with 49 CFR
209.11.
(4) Analysis activities. As appropriate, the FRA investigation team
will consult with stakeholders to review the facts gathered during the
team's investigation of the accident/incident, FRA's analysis of those
facts, and FRA's inputs and outputs of root cause analyses.
Stakeholders may offer input, raise concerns, and participate in
discussions aimed at identifying root causes and potential
recommendations to mitigate risk or prevent reoccurrence of the
accident/incident. Stakeholders will not be included in FRA
deliberations or consideration of potential compliance or enforcement
issues related to an accident/incident investigation.
(5) Confidentiality. (i) FRA recognizes the sensitive nature of
certain information involved in accident or incident investigations. In
accordance with applicable laws and regulations, FRA will maintain as
confidential any personally identifiable information or sensitive
security information as defined in 2 CFR 200.1 and 49 CFR 1520.5,
respectively. Any other documents or information a participating
stakeholder provides to FRA as part of that stakeholder's participation
in an accident/incident investigation under this section, and for which
a stakeholder claims confidentiality, must be submitted in accordance
with 49 CFR 209.11.
(ii) FRA shall maintain the confidentiality of any stakeholder if:
(A) such stakeholder requests confidentiality;
(B) such stakeholder was not involved in the accident or incident;
and
(C) maintaining such stakeholder's confidentiality does not
adversely affect an FRA investigation.
(iii) Until FRA publishes its report on the investigation, a
stakeholder participating in an investigation may not disseminate any
information or comment on an investigation to non-stakeholders through
any means. Only when necessary for public safety, and only with the FRA
Chief Safety Officer's written permission, may stakeholders release
information to non-stakeholders if the information is factual, neutral
and objective in tone, and without purported FRA characterization of
the matter's contribution to the underlying accident/incident.
(6) Whistleblower protections. Nothing in this paragraph may be
construed to reduce in any way the protections afforded to individuals
who exercise the conduct protected by 49 CFR 225.33, Internal Control
Plans, and 49 United States Code (U.S.C.) Sec. 20109, Federal Railroad
Safety Act, Whistleblower Protections.
Issued in Washington, DC.
Allison Ishihara Fultz,
Chief Counsel.
[FR Doc. 2024-22326 Filed 9-30-24; 8:45 am]
BILLING CODE 4910-06-P