Rule/Notice/NOFO:  Notice of Final Action: Accident/Incident Investigation Policy for Gathering Information and Consulting With Stakeholders

Federal Register/Notice:  govinfo.gov

Type of Requirement: Final Action

Description: 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. Pursuant to 49 U.S.C. 20103, FRA, as delegated by the Secretary of Transportation, 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.

APTA Comment/Letter:  The Notice of Final Action was issued on October 1, 2024. It becomes effective October 31, 2024, unless FRA receives adverse, substantive comment by October 31, 2024

APTA Staff Advisor: Brian Alberts:  balberts@apta.com

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