The Federal Railroad Administration has published a notice of proposed rulemaking that aims to improve the clarity, transparency and consistency of the process of petitioning for regulatory relief.
The agency wants to define both the “in the public interest” and “consistent with railroad safety” components of the statutory standard that the agency must use to evaluate whether to grant waiver or suspension requests. Officials said the change ensures that petitions seeking regulatory relief align with the agency’s safety and public interest priorities.
FRA proposes that “in the public interest” signifies how a proposal for regulatory relief may improve railroad operations and that they serve the public interest by empowering workers, ensuring fairness, protecting the environment, or creating robust infrastructure, amongst other possible positive factors. Requests for waivers and suspensions must also demonstrate that they are “consistent with railroad safety,” defined as resulting in railroad operations that are at least as safe as or safer than without the proposed relief.
FRA also proposes to require petitions for regulatory relief to include evidence of meaningful consultation with stakeholders. FRA has found that petitions for waivers frequently do not address the potential impacts of their requests on key stakeholders, notably rail workers and communities along a railroad’s right-of-way, leading to extensive work to fill this gap after a petition’s been filed.
Officials said the proposed rule would streamline this process by requiring railroads to proactively consult and coordinate with appropriate stakeholders most impacted by their requests and submit documentation to FRA.
