FRA Finalizes New Rule to Enhance Stakeholder Participation in Accident and Incident Investigations

East Palestine, Ohio. (Courtesy of the U.S. Environmental Protection Agency)

The Federal Railroad Administration announced a rule change for how federal investigators gather information following a mishap.

Officials said the rule recognizes that those involved in and affected by rail accidents have insights that enhance accident and incident investigations and their outcomes.

The Direct Final Rule amends Title 49 Code of Federal Regulations Part 225. It codifies FRA’s formal information-gathering process that investigators use to determine when to gather information from and consult with stakeholders during an accident investigation and the appropriate method.

As required by Section 22417 of the Infrastructure Investment and Jobs Act, commonly known as the Bipartisan Infrastructure Law, the new rule mandates that key stakeholders, including railroad carriers, labor organizations, and other relevant entities, are provided the opportunity to participate meaningfully in FRA accident/incident investigations.

This includes submitting relevant information and contributing to the investigative process’s on-site, off-site, and analysis phases. Key provisions of the rule include prompt notification to relevant stakeholders when an investigation is initiated, allowing them to prepare for participation.

Participating stakeholders will have access to relevant investigative data, ensuring transparency throughout the process. Together, these provisions standardize the practices FRA uses during investigations, helping to set clear expectations of when and how to involve stakeholders.

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