Proposed Rule2024-31065

Federal Railroad Administration's Procedures for Waivers and Safety-Related Proceedings; Withdrawal

Primary source

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Published
December 31, 2024

Issuing agencies

Transportation DepartmentFederal Railroad Administration

Abstract

FRA is withdrawing the October 29, 2024, NPRM that proposed to update FRA's procedures for waivers and safety-related proceedings to define the two components of the statutory waiver and suspension standard, "in the public interest" and "consistent with railroad safety."

Full Text

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<title>Federal Register, Volume 89 Issue 250 (Tuesday, December 31, 2024)</title>
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[Federal Register Volume 89, Number 250 (Tuesday, December 31, 2024)]
[Proposed Rules]
[Page 107103]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-31065]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 211

[Docket No. FRA-2024-0033, Notice No. 3]
RIN 2130-AC97


Federal Railroad Administration's Procedures for Waivers and 
Safety-Related Proceedings; Withdrawal

AGENCY: Federal Railroad Administration (FRA), U.S. Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM); withdrawal.

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SUMMARY: FRA is withdrawing the October 29, 2024, NPRM that proposed to 
update FRA's procedures for waivers and safety-related proceedings to 
define the two components of the statutory waiver and suspension 
standard, ``in the public interest'' and ``consistent with railroad 
safety.''

DATES: The NPRM published at 89 FR 85895 on October 29, 2024, is 
withdrawn as of December 31, 2024.

FOR FURTHER INFORMATION CONTACT: Veronica Chittim, Senior Attorney, 
Office of the Chief Counsel, at <a href="/cdn-cgi/l/email-protection#99effcebf6f7f0faf8b7faf1f0ededf0f4d9fdf6edb7fef6ef"><span class="__cf_email__" data-cfemail="9bedfee9f4f5f2f8fab5f8f3f2efeff2f6dbfff4efb5fcf4ed">[email&#160;protected]</span></a>, 202-480-3410; 
or Lucinda Henriksen, Senior Advisor, Office of Railroad Safety, at 
<a href="/cdn-cgi/l/email-protection#a5c9d0c6cccbc1c48bcdc0cbd7ccced6c0cbe5c1cad18bc2cad3"><span class="__cf_email__" data-cfemail="d6baa3b5bfb8b2b7f8beb3b8a4bfbda5b3b896b2b9a2f8b1b9a0">[email&#160;protected]</span></a>, 202-657-2842.

SUPPLEMENTARY INFORMATION: 

Background

    This action withdraws an NPRM published in the Federal Register on 
October 29, 2024 (89 FR 85895), that proposed to update FRA's 
procedures for waivers and safety-related proceedings to define the two 
components of the statutory waiver and suspension standard, ``in the 
public interest'' and ``consistent with railroad safety.'' The NPRM's 
comment period is scheduled to close on January 15, 2025.

Reason for Withdrawal

    In light of resource constraints to address the numerous rail 
safety matters before the agency and because FRA has previously issued 
guidance on the subject matter covered by the NPRM,\1\ FRA has decided 
to withdraw the NPRM. FRA may pursue similar regulations in the future 
and will consider updating the existing guidance.
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    \1\ <a href="https://railroads.dot.gov/elibrary/guidance-submitting-requests-waivers-block-signal-applications-and-other-approval-requests">https://railroads.dot.gov/elibrary/guidance-submitting-requests-waivers-block-signal-applications-and-other-approval-requests</a>; 88 FR 1448 (Jan. 10, 2023).
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    Despite the decision not to move forward with the proposed rule at 
this time, FRA appreciates and takes seriously the thoughtful 
perspectives raised by stakeholders concerning the waiver process. FRA 
will continue engaging with its stakeholders on all rail safety 
matters.

Conclusion

    The NPRM published in the Federal Register on October 29, 2024 (89 
FR 85895), is hereby withdrawn.
    Authority: 49 U.S.C. 20103, 20107, 20114, 20306, 20502-20504, and 
49 CFR 1.89.

    Issued in Washington, DC.
Allison Ishihara Fultz,
Chief Counsel.
[FR Doc. 2024-31065 Filed 12-30-24; 8:45 am]
BILLING CODE 4910-06-P


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