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DOT/FRA RIN: 2130-AC97 Publication ID: Spring 2024 
Title: ●Federal Railroad Administration's Procedures for Waivers and Safety-related Proceedings 
Abstract: This proposed rule would update FRA's procedures for waivers and safety-related proceedings to define the two components of the standard, in the public interest and consistent with railroad safety. By defining these terms, FRA intends to clarify the criteria the agency will apply when evaluating petitions for regulatory relief. FRA also proposes to require petitions to include evidence of meaningful consultation with stakeholders. Additionally, FRA proposes minor updates to agency rules of practice. This rulemaking is necessary to clarify the standard FRA uses when evaluating petitions for regulatory relief. Additionally, the proposal would facilitate implementation of the Infrastructure Investment and Jobs Act requirement, codified in 49 U.S.C. 20103(d)(4), under which FRA reviews waivers or suspensions that have been in continuous effect for a six-year period, and determines whether the waiver or suspension should be terminated, renewed, or incorporated into the regulations. This rule would impart a burden of approximately $62,000 per year, assuming 70 waiver petitions, or $430,000 present value at 7% over 10 years. This estimate assumes an equal number of waiver consultations that take 1 hour and those that take 4 hours, including administrative time of about 25%. Overall, FRA expects this rule will lead to higher-quality waiver applications that meet the positive objectives of DOT's innovation principles. Because this rule would apply to a variety of relief applications, it is difficult to determine the potential benefits from consultation on any particular request for relief. 
Agency: Department of Transportation(DOT)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 49 CFR 211   
Legal Authority: 49 U.S.C. 20103   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  07/00/2024 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: Businesses, Governmental Jurisdictions  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: www.regulations.gov   Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Agency Contact:
Amanda Maizel
Attorney Adviser
Department of Transportation
Federal Railroad Administration
1200 New Jersey Avenue SE,
Washington, DC 20590
Phone:202 308-3753
Email: amanda.maizel@dot.gov