II 

115TH CONGRESS 

1ST SESSION S. 1451 

To facilitate and promote innovative approaches to railroad safety, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 28, 2017 

Mrs. FISCHER introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To facilitate and promote innovative approaches to railroad 

safety, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REF4 ERENCES. 

5 (a) SHORT TITLE.—This Act may be cited as the 

6 ‘‘Railroad Advancement of Innovation and Leadership 

7 with Safety Act’’ or the ‘‘RAILS Act’’. 

8 (b) TABLE OF CONTENTS.—The table of contents of 

9 this Act is as follows: 

Sec. 1. Short title; table of contents; references. 

Sec. 2. Definitions. 


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TITLE I—PROCESS IMPROVEMENTS 

Sec. 111. Data transparency and quality. 

Sec. 112. Performance-based regulations. 

Sec. 113. Public participation. 

Sec. 114. Innovative approaches to improve safety. 

Sec. 115. Guidance. 

Sec. 116. Regulatory impact analyses. 

Sec. 117. Periodic review of Federal Railroad Administration actions. 

Sec. 118. Framework for reviewing future regulations. 

Sec. 119. Application. 

Sec. 120. Effective dates. 

TITLE II—MISCELLANEOUS PROVISIONS 

Subtitle A—Reorganization of Subtitle V 

Sec. 211. Rail improvement grants. 

Sec. 212. Project delivery. 

Subtitle B—Miscellaneous 

Sec. 221. Rulemaking process. 

Sec. 222. Training. 

Sec. 223. Assessments. 

Sec. 224. Miscellaneous authority. 

Sec. 225. Applicability to States. 

Sec. 226. Electronic communications and record keeping. 

1 (c) REFERENCES TO TITLE 49, UNITED STATES

2 CODE.—Except as otherwise expressly provided, wherever 

3 in this Act an amendment or repeal is expressed in terms 

4 of an amendment to, or repeal of, a section or other provi5 sion, the reference shall be considered to be made to a 

6 section or other provision of title 49, United States Code. 

7 SEC. 2. DEFINITIONS. 

8 (a) IN GENERAL.—In this Act: 

9 (1) REPORTABLE.—The term ‘‘reportable’’ 

10 means required under part 225 of title 49, Code of 

11 Federal Regulations, or any successor regulation, to 

12 be reported to the Federal Railroad Administration. 


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1 (2) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Transportation. 

3 (b) AMENDMENTS TO CHAPTER 201.—Section 20102 

4 is amended— 

5 (1) by redesignating paragraphs (2), (3), and 

6 (4) as paragraphs (3), (4), and (5), respectively; 

7 (2) by inserting after paragraph (1) the fol8 lowing: 

9 ‘‘(2) ‘guidance document’ means an agency 

10 statement of general applicability and future effect, 

11 other than a regulation, that sets forth a policy on 

12 a statutory, regulatory, or technical issue or an in13 terpretation of a statutory, regulatory, or technical 

14 issue.’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(7) ‘significant rule’ means any final rule that 

17 the Administrator of the Office of Information and 

18 Regulatory Affairs of the Office of Management and 

19 Budget determines is likely to— 

20 ‘‘(A) have an annual effect on the economy 

21 of $100,000,000 or more or adversely affect in 

22 a material way the economy, a sector of the 

23 economy, productivity, competition, jobs, the 

24 environment, public health or safety, or State, 

25 local, or tribal governments or communities; 


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1 ‘‘(B) create a significant inconsistency or 

2 otherwise interfere with an action taken or 

3 planned by another Federal agency; 

4 ‘‘(C) materially alter the budgetary impact 

5 of entitlements, grants, user fees, or loan pro6 grams or the rights and obligations of recipi7 ents thereof; or 

8 ‘‘(D) raise novel legal or policy issues. 

9 ‘‘(8) ‘supporting information’ includes data, 

10 studies, formulas, models, and scientific, technical, 

11 and economic findings.’’. 

12 TITLE I—PROCESS 

13 IMPROVEMENTS 

14 SEC. 111. DATA TRANSPARENCY AND QUALITY. 

15 (a) IN GENERAL.—Subchapter I of chapter 201 is 

16 amended by adding at the end the following: 

17 ‘‘§ 20122. Data transparency and quality 

18 ‘‘(a) DATA TRANSPARENCY.— 

19 ‘‘(1) OPEN GOVERNMENT.—Not later than the 

20 date on which any proposed rule is published under 

21 this subtitle, the Secretary of Transportation shall 

22 place, in the appropriate docket, all supporting infor23 mation used by the Department of Transportation in 

24 relation to such proposed rule and any associated 

25 analyses. 


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1 ‘‘(2) ACCESSIBILITY.—The supporting informa2 tion and analyses described in paragraph (1) shall 

3 be published on a public website and accessible elec4 tronically. 

5 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 

6 this subsection may be construed to require the re7 lease of security-sensitive information or confidential 

8 business information. 

9 ‘‘(b) DATA QUALITY.— 

10 ‘‘(1) MINIMUM STANDARD.—The Secretary 

11 shall base each determination whether to propose or 

12 adopt a rule under this subtitle on the best reason13 ably obtainable supporting information, and any as14 sociated analysis, concerning— 

15 ‘‘(A) the need to be addressed; 

16 ‘‘(B) how the rule addresses the need; and 

17 ‘‘(C) the effects, including the benefits and 

18 costs, of the rule. 

19 ‘‘(2) SOUND SCIENCE.—To the maximum ex20 tent practicable, the best reasonably obtainable sup21 porting information shall include— 

22 ‘‘(A) up-to-date and relevant data; 

23 ‘‘(B) appropriately validated models and 

24 formulas; 

25 ‘‘(C) independent, peer-reviewed— 


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1 ‘‘(i) studies, including, where appro2 priate, statistically significant findings; 

3 and 

4 ‘‘(ii) scientific, technical, and eco5 nomic findings, including, where appro6 priate, statistically significant findings; 

7 and 

8 ‘‘(D) evidence that accurately and com9 pletely reflects the need for or effects of the 

10 rule, as applicable. 

11 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 

12 this subsection may be construed to authorize the 

13 Secretary to propose or adopt a regulation based on 

14 less stringent information standards than required 

15 under other law.’’. 

16 (b) TABLE OF CONTENTS.—The table of contents for 

17 chapter 201 is amended by inserting after the item relat18 ing to section 20121 the following: 

‘‘20122. Data transparency and quality.’’. 

19 SEC. 112. PERFORMANCE-BASED REGULATIONS. 

20 (a) IN GENERAL.—Subchapter I of chapter 201, as 

21 amended by section 111, is further amended by adding 

22 at the end the following: 

23 ‘‘§ 20123. Performance-based regulations 

24 ‘‘(a) IN GENERAL.—Before proposing or adopting a 

25 rule under this subtitle, the Secretary of Transportation 


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1 shall consider an approach to the rule that specifies per2 formance objectives rather than identifies or requires the 

3 specific manner of compliance that a regulated entity must 

4 adopt. 

5 ‘‘(b) EXPLANATION.—If the Secretary selects a pre6 scriptive or nonperformance-based approach to the rule, 

7 the Secretary shall include— 

8 ‘‘(1) in the summary section of the preamble a 

9 statement that the selected approach is prescriptive 

10 or nonperformance-based; and 

11 ‘‘(2) a justification, with supporting informa12 tion, for the prescriptive or nonperformance-based 

13 approach, as applicable.’’. 

14 (b) TABLE OF CONTENTS.—The table of contents for 

15 chapter 201 is amended by inserting after the item relat16 ing to section 20122 the following: 

‘‘20123. Performance-based regulations.’’. 

17 SEC. 113. PUBLIC PARTICIPATION. 

18 (a) IN GENERAL.—Subchapter I of chapter 201, as 

19 amended by section 112, is further amended by adding 

20 at the end the following: 

21 ‘‘§ 20124. Public participation 

22 ‘‘(a) IN GENERAL.—Except as provided in subsection 

23 (b), the Secretary of Transportation, before issuing a pro24 posed rule under this part, shall publish an advance notice 

25 of proposed rulemaking in accordance with subsection (c). 


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1 ‘‘(b) EXCEPTIONS.—This section shall not apply if— 

2 ‘‘(1) the proposed rule is not likely to result in 

3 a significant rule; or 

4 ‘‘(2) the Secretary— 

5 ‘‘(A) upon inspection, investigation, test6 ing, or research, determines that a violation of 

7 a provision of this part, including a regulation 

8 prescribed under this part, or an unsafe condi9 tion or practice constitutes or is causing an im10 minent hazard of death or injury to individuals; 

11 ‘‘(B) determines that the proposed rule has 

12 the consensus, in accordance with the estab13 lished rules governing the Rail Safety Advisory 

14 Committee, of the Rail Safety Advisory Com15 mittee; 

16 ‘‘(C) determines the use of a negotiated 

17 rulemaking is in the public interest and con18 ducts a negotiated rulemaking under sub19 chapter III of chapter 5 of title 5 to negotiate 

20 and develop the proposed rule; 

21 ‘‘(D) determines it is necessary to waive 

22 this section in order to implement section 

23 20157; 


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1 ‘‘(E) is incorporating the terms of a regu2 latory improvement waiver under section 

3 20125(h); or 

4 ‘‘(F)(i) is not required by law to publish a 

5 notice of proposed rulemaking before issuing a 

6 final rule; and 

7 ‘‘(ii) does not voluntarily publish such no8 tice of proposed rulemaking. 

9 ‘‘(c) ADVANCE NOTICE OF PROPOSED RULE10 MAKING.— 

11 ‘‘(1) IN GENERAL.—An advance notice of pro12 posed rulemaking published under subsection (a) 

13 shall— 

14 ‘‘(A) describe the need to be addressed, in15 cluding— 

16 ‘‘(i) the supporting information dem17 onstrating the need; 

18 ‘‘(ii) the failures of private markets 

19 that warrant new agency action, if applica20 ble; and 

21 ‘‘(iii) whether existing law, including 

22 regulations, has created or contributed to 

23 the need; 

24 ‘‘(B) identify the legal authority under 

25 which the rule may be proposed, including— 


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1 ‘‘(i) whether a rulemaking is specifi2 cally directed by statute; and 

3 ‘‘(ii) each statutory deadline for regu4 latory action, if applicable; 

5 ‘‘(C) describe, in general terms, any avail6 able regulatory alternatives, including— 

7 ‘‘(i) if rulemaking is not specifically 

8 directed by statute, the alternative of not 

9 regulating; 

10 ‘‘(ii) any alternatives that specify per11 formance objectives rather than identify or 

12 require the specific manner of compliance 

13 that regulated entities must adopt; 

14 ‘‘(iii) any alternatives that involve the 

15 deployment of innovative technology or 

16 practices; and 

17 ‘‘(iv) any alternatives that involve dif18 ferent requirements for different types or 

19 sizes of businesses, if applicable; 

20 ‘‘(D) describe how the proposed rule ad21 dresses the need described in subparagraph (A); 

22 ‘‘(E) identify at least one achievable objec23 tive for the proposed rule, and the metrics by 

24 which the Secretary expects to measure 

25 progress toward that objective; and 


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1 ‘‘(F) solicit public comment, for at least 60 

2 days, on the advance notice of proposed rule3 making, including specific solicitation for com4 ment on— 

5 ‘‘(i) any supporting information that 

6 informs the need for or effects of the avail7 able regulatory alternatives; 

8 ‘‘(ii) whether any law identified in 

9 subparagraph (A)(iii) should be modified 

10 to achieve the intended goal of the pro11 posed rule more effectively or efficiently; 

12 ‘‘(iii) any available alternatives that 

13 specify performance objectives rather than 

14 identify or require the specific manner of 

15 compliance that regulated entities must 

16 adopt; 

17 ‘‘(iv) any available alternatives that 

18 involve the deployment of innovative tech19 nology or practices; 

20 ‘‘(v) any alternatives that involve dif21 ferent requirements for different types or 

22 sizes of businesses, if applicable; and 

23 ‘‘(vi) any available alternatives to di24 rect regulation, including providing eco25 nomic incentives to encourage the desired 


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1 behavior or providing information upon 

2 which choices can be made by the public. 

3 ‘‘(2) REGULATORY DETERMINATION.—After 

4 considering the information described in paragraph 

5 (1), including comments under paragraph (1)(F), 

6 and except where otherwise required by statute, the 

7 Secretary may issue a notice of proposed rulemaking 

8 only upon a reasoned determination that— 

9 ‘‘(A) a need exists; 

10 ‘‘(B) the proposed rule addresses that 

11 need; and 

12 ‘‘(C) the benefits of the proposed rule jus13 tify its costs. 

14 ‘‘(d) RULES OF CONSTRUCTION.—Nothing in this 

15 section may be construed to limit— 

16 ‘‘(1) any requirement under other law to ana17 lyze the impacts of a proposed rule; or 

18 ‘‘(2) the use of an advance notice of proposed 

19 rulemaking in any regulatory action that is not like20 ly to result in a significant rule.’’. 

21 (b) TABLE OF CONTENTS.—The table of contents for 

22 chapter 201, as amended by section 112, is further 

23 amended by inserting after the item relating to section 

24 20123 the following: 

‘‘20124. Public participation.’’. 


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1 SEC. 114. INNOVATIVE APPROACHES TO IMPROVE SAFETY. 

2 (a) IN GENERAL.—Subchapter I of chapter 201, as 

3 amended by section 113, is further amended by adding 

4 at the end the following: 

5 ‘‘§ 20125. Innovative approaches to improve safety 

6 ‘‘(a) PURPOSES.—The purposes of this section are— 

7 ‘‘(1) to establish a regulatory improvement 

8 waiver to facilitate innovative approaches to safety; 

9 and 

10 ‘‘(2) to expedite consideration of regulatory 

11 changes based on the results of the waiver. 

12 ‘‘(b) REGULATORY IMPROVEMENT WAIVERS.—Not13 withstanding any other provision of this subtitle, except 

14 subsection (i) and section 20130, the Secretary of Trans15 portation may waive compliance with any part of a regula16 tion prescribed or order issued under this subtitle if the 

17 waiver— 

18 ‘‘(1) is in the public interest; 

19 ‘‘(2) requires the recipient to adopt an alter20 native technology, practice, or system that could 

21 achieve a level of safety that is equivalent to, or 

22 greater than, the level of safety that would be ob23 tained in the absence of the waiver; and 

24 ‘‘(3) includes an evaluation framework de25 scribed in subsection (c) that has been approved by 

26 the Secretary. 


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1 ‘‘(c) EVALUATION FRAMEWORK.—An evaluation 

2 framework described in this subsection shall include— 

3 ‘‘(1) a clear statement of the objective of the 

4 waiver; 

5 ‘‘(2) a plan for assessing the effects of the 

6 waiver, including metrics to best gauge the effects 

7 on safety; and 

8 ‘‘(3) a plan for gathering the data generated by 

9 the assessment described in paragraph (2). 

10 ‘‘(d) PETITIONS.— 

11 ‘‘(1) IN GENERAL.—Not later than 60 days 

12 after the date on which the Secretary receives a peti13 tion for approval of a waiver under this section, the 

14 Secretary shall notify the petitioner in writing 

15 whether the petition— 

16 ‘‘(A) is complete or incomplete, including, 

17 if incomplete, each reason the petition is incom18 plete; and 

19 ‘‘(B) is unusually complex or not unusually 

20 complex. 

21 ‘‘(2) CORRECTIONS.—The Secretary shall pro22 vide each petitioner with a reasonable opportunity— 

23 ‘‘(A)(i) to address each reason that the pe24 tition is incomplete; or 


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1 ‘‘(ii) to explain why the petition is not un2 usually complex; and 

3 ‘‘(B) to resubmit the petition. 

4 ‘‘(e) APPROVAL OR DENIAL OF PETITIONS.— 

5 ‘‘(1) IN GENERAL.—Not later than 180 days 

6 after the date on which a petition is complete under 

7 subsection (d)(1) (or 270 days after such date for an 

8 unusually complex petition), the Secretary shall no9 tify the petitioner in writing that the petition was 

10 approved or denied, including, if denied— 

11 ‘‘(A) a justification for the denial; and 

12 ‘‘(B) a description of each deficiency, in13 cluding, if applicable, any deficiency in the pro14 posed evaluation framework. 

15 ‘‘(2) DEFICIENCIES.—The Secretary shall pro16 vide each petitioner with a reasonable opportunity— 

17 ‘‘(A) to correct each deficiency identified 

18 under paragraph (1)(B); and 

19 ‘‘(B) to resubmit a corrected petition for 

20 reconsideration. 

21 ‘‘(3) APPROVAL PERIOD.— 

22 ‘‘(A) DEADLINE.—If the Secretary does 

23 not notify the petitioner in writing before the 

24 applicable deadline under paragraph (1), the 

25 Secretary shall submit to Congress, until the 


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1 date of such notification, a monthly report on 

2 the status of the petition, including— 

3 ‘‘(i) the reason the deadline was not 

4 met; 

5 ‘‘(ii) a staffing plan to prioritize and 

6 expedite a decision on the petition; and 

7 ‘‘(iii) an estimate of when the Sec8 retary will notify the petitioner. 

9 ‘‘(B) PERIOD.—A waiver under this sec10 tion may be issued for a period of not more 

11 than 5 years. 

12 ‘‘(C) RENEWAL.—A waiver shall be re13 newed for the same period as the initial waiver 

14 unless the Secretary— 

15 ‘‘(i)(I) determines that the alternative 

16 technology, practice, or system does not 

17 achieve a level of safety that is equivalent 

18 to, or greater than, the level of safety that 

19 would be obtained in the absence of the 

20 waiver; and 

21 ‘‘(II) not later than 90 days before 

22 the expiration of the initial waiver, notifies 

23 the recipient of the waiver, in writing, that 

24 the waiver will not be renewed; 


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1 ‘‘(ii) incorporates the relevant terms 

2 of the waiver as an alternative compliance 

3 approach under subsection (h); or 

4 ‘‘(iii) revokes the waiver for non5 compliance with the terms of the waiver. 

6 ‘‘(D) EVALUATION FRAMEWORK RE7 SULTS.—The Secretary may request the results 

8 of the evaluation framework under subsection 

9 (c) and such other information related to the 

10 waiver as the Secretary considers necessary to 

11 make a determination under subparagraph 

12 (C)(i). 

13 ‘‘(f) PUBLIC PARTICIPATION.—Subject to subsection 

14 (e), the Secretary shall maintain similar opportunities and 

15 procedures for public notice, hearing, and comment as 

16 under the standard waiver procedure authorized under 

17 section 20103. 

18 ‘‘(g) PUBLIC AVAILABILITY.— 

19 ‘‘(1) LIST.—The Secretary shall maintain, on a 

20 public website, a list of each complete petition for a 

21 waiver under this section, including— 

22 ‘‘(A) the date on which a petition is com23 plete under subsection (d)(1); 

24 ‘‘(B) a link to the complete petition; 


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1 ‘‘(C) whether the petition was approved or 

2 denied; 

3 ‘‘(D) the date of such approval or denial; 

4 ‘‘(E) if the petition was denied, a link to 

5 the justification for the denial and the descrip6 tion of each deficiency; and 

7 ‘‘(F) if the petition was approved, a link to 

8 the approved waiver, including the evaluation 

9 framework. 

10 ‘‘(2) UPDATES.—The list described in para11 graph (1) shall be updated— 

12 ‘‘(A) not later than 10 days after the date 

13 on which a petition is complete under sub14 section (d)(1); and 

15 ‘‘(B) not later than 10 days after the date 

16 on which the Secretary notifies a petitioner that 

17 a petition was approved or denied under sub18 section (e)(1). 

19 ‘‘(h) INCORPORATION INTO REGULATION.— 

20 ‘‘(1) IN GENERAL.—Upon written request by a 

21 recipient of a waiver, the Secretary shall revise the 

22 applicable regulation to incorporate the relevant 

23 terms of the waiver as an alternative compliance ap24 proach, to the maximum extent practicable, if— 


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1 ‘‘(A) the waiver has been in effect for not 

2 less than 1 year, including any renewal of such 

3 waiver; and 

4 ‘‘(B) using the evaluation framework under 

5 subsection (c) to assess the effects of the waiv6 er, including the metrics to best gauge the ef7 fects on safety, there is sufficient data and 

8 other information to support that the alter9 native technology, practice, or system under the 

10 waiver achieves a level of safety that is equiva11 lent to or greater than the level of safety under 

12 the applicable regulation. 

13 ‘‘(2) ALTERNATIVE COMPLIANCE AP14 PROACHES.—As part of the revised regulation de15 scribed in paragraph (1), the Secretary may allow a 

16 person, at the person’s discretion, to comply with— 

17 ‘‘(A) the regulation as in effect on the day 

18 before the date of the revision under paragraph 

19 (1); or 

20 ‘‘(B) the alternative compliance approach 

21 demonstrated by the waiver. 

22 ‘‘(3) TIMING.— 

23 ‘‘(A) NOTIFICATIONS.—Not later than 60 

24 days after receiving a request under paragraph 

25 (1), the Secretary shall provide written notificaVerDate Sep 11 2014 04:19 Jul 08, 2017 Jkt 069200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S1451.IS S1451

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1 tion to the petitioner that describes whether the 

2 relevant terms of the waiver will be incor3 porated into regulation as an alternative com4 pliance approach. 

5 ‘‘(B) NOTICE OF PROPOSED RULE6 MAKING.—If the relevant terms of the waiver 

7 will be incorporated into regulation as an alter8 native compliance approach, not later than 270 

9 days after the date of the written notification 

10 under subparagraph (A), the Secretary shall 

11 issue a notice of proposed rulemaking that in12 corporates the waiver with the least burdensome 

13 terms necessary to ensure flexibility among var14 ious operations while meeting the regulatory 

15 safety objective. 

16 ‘‘(C) FINAL RULE.—Not later than 2 years 

17 after the date the notice of proposed rule18 making is issued under subparagraph (B), the 

19 Secretary shall issue the final rule under this 

20 subsection. 

21 ‘‘(i) NONAPPLICABILITY.—This section does not 

22 apply to any petition that, if approved, would result in 

23 a reduction in the number of route miles that are required 

24 under section 20157 to have operations governed by a 

25 positive train control system. 


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1 ‘‘(j) RULES OF CONSTRUCTION.— 

2 ‘‘(1) IN GENERAL.—Nothing in this section 

3 may be construed— 

4 ‘‘(A) to limit the authority of the Sec5 retary— 

6 ‘‘(i) to grant a waiver under other 

7 law, including the authority to grant any 

8 waiver that is not a regulatory improve9 ment waiver; or 

10 ‘‘(ii) to promulgate, rescind, or revise 

11 such regulations as are necessary to carry 

12 out the functions of the Secretary under 

13 this subtitle; 

14 ‘‘(B) to prohibit a person from requesting 

15 a waiver under other law, including any waiver 

16 that is not a regulatory improvement waiver; or 

17 ‘‘(C) to require the release of security-sen18 sitive, proprietary, or confidential business in19 formation. 

20 ‘‘(2) NET BENEFITS.—Nothing in this section 

21 may be construed to limit the authority of the Sec22 retary to rescind or revise such regulations under 

23 this subtitle based on the results of the evaluation 

24 framework under subsection (c), or other supporting 

25 information derived from the waiver, demonstrating 


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1 that the benefits of rescinding or revising such regu2 lations would justify the costs.’’. 

3 (b) TABLE OF CONTENTS.—The table of contents for 

4 chapter 201, as amended by section 113, is further 

5 amended by inserting after the item relating to section 

6 20124 the following: 

‘‘20125. Innovative approaches to improve safety.’’. 

7 SEC. 115. GUIDANCE. 

8 (a) IN GENERAL.—Subchapter I of chapter 201, as 

9 amended by section 114, is further amended by adding 

10 at the end the following: 

11 ‘‘§ 20126. Guidance 

12 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

13 may not issue a guidance document under this subtitle— 

14 ‘‘(1) to establish a standard, right, or obligation 

15 that is new or inconsistent with a regulation ad16 dressing the same or a directly related issue; 

17 ‘‘(2) as legal grounds for agency action; or 

18 ‘‘(3) that will, as a practicable matter, operate 

19 with the force of law or have any other coercive ef20 fect. 

21 ‘‘(b) PUBLIC PARTICIPATION.— 

22 ‘‘(1) REQUESTS.—The Secretary shall provide 

23 an opportunity for an interested person to submit a 

24 request for a guidance document— 

25 ‘‘(A) to be issued, revised, or rescinded; 


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1 ‘‘(B) incorporated into regulation; and 

2 ‘‘(C) if applicable, to be added to the list 

3 maintained under subsection (d). 

4 ‘‘(2) RESPONSES.—Not later than 90 days after 

5 receiving a request under paragraph (1), the Sec6 retary shall provide a written response to the inter7 ested person that includes— 

8 ‘‘(A) whether the Secretary plans for a 

9 guidance document to be issued, revised, re10 scinded, incorporated into regulation, or added 

11 to the list under subsection (d); and 

12 ‘‘(B) a justification for such planned action 

13 or inaction. 

14 ‘‘(c) LEGAL STATEMENT.—Each guidance document 

15 issued under this subtitle shall include a statement, in a 

16 plain, prominent, and permanent manner, that it is not 

17 legally binding. 

18 ‘‘(d) LIST OF GUIDANCE DOCUMENTS.— 

19 ‘‘(1) IN GENERAL.—The Secretary shall estab20 lish and maintain, on a public website, a list of all 

21 guidance documents issued under this subtitle that 

22 are in effect. 

23 ‘‘(2) CONTENTS.—The Secretary shall include, 

24 for each guidance document on the list— 

25 ‘‘(A) a document identification number; 


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1 ‘‘(B) the title; 

2 ‘‘(C) the date of issuance; 

3 ‘‘(D) the date it was last revised, if appli4 cable; 

5 ‘‘(E) a brief summary; 

6 ‘‘(F) a link to the guidance document; 

7 ‘‘(G) a note if it is a revision or replace8 ment to a previously issued guidance document 

9 and, if so, identify the document that it revises 

10 or replaces and the date of its original issuance; 

11 ‘‘(H) the citation to the statutory provision 

12 or regulation (in Code of Federal Regulations 

13 format) which it applies to or interprets; 

14 ‘‘(I) the name and contact information for 

15 an official who can respond to relevant ques16 tions; and 

17 ‘‘(J) a description of the person or group 

18 of persons to whom the guidance document ap19 plies. 

20 ‘‘(3) UPDATES.—The Secretary shall update 

21 the list whenever a guidance document is issued, re22 vised, or rescinded, not later than 10 days after such 

23 date of issuance, revision, or rescission, as applica24 ble. 

25 ‘‘(e) PUBLICATION.—The Secretary shall— 


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1 ‘‘(1) not later than December 31, 2018, pub2 licize on the Department of Transportation website 

3 the procedure for making a request under subsection 

4 (b)(1); and 

5 ‘‘(2) not later than December 31, 2018, make 

6 the list under subsection (d) publicly available and 

7 accessible on the Department of Transportation 

8 website. 

9 ‘‘(f) RULES OF CONSTRUCTION.—Nothing in this 

10 section may be construed— 

11 ‘‘(1) to require the release of security-sensitive, 

12 proprietary, or confidential business information; or 

13 ‘‘(2) to affect any request for the issuance, revi14 sion, revocation, or incorporation into regulation of 

15 any guidance under this subtitle made before De16 cember 31, 2018.’’. 

17 (b) TABLE OF CONTENTS.—The table of contents for 

18 chapter 201, as amended by section 114, is further 

19 amended by inserting after the item relating to section 

20 20125 the following: 

‘‘20126. Guidance.’’. 

21 SEC. 116. REGULATORY IMPACT ANALYSES. 

22 (a) IN GENERAL.—Subchapter I of chapter 201, as 

23 amended by section 115, is further amended by adding 

24 at the end the following: 


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1 ‘‘§ 20127. Regulatory impact analyses 

2 ‘‘(a) IN GENERAL.—Before issuing any proposed rule 

3 or final rule under this subtitle, the Secretary of Trans4 portation shall conduct a regulatory impact analysis to 

5 evaluate the proposed rule or final rule, as applicable. 

6 ‘‘(b) REGULATORY IMPACT ANALYSES.—An analysis 

7 under subsection (a) shall— 

8 ‘‘(1) be based upon the best reasonably obtain9 able supporting information, consistent with section 

10 20122; 

11 ‘‘(2) describe the need to be addressed and how 

12 the rule addresses that need; 

13 ‘‘(3) analyze effects, including the benefits and 

14 costs, of the rule; 

15 ‘‘(4) to the maximum extent practicable, con16 sider the cumulative regulatory burden on the regu17 lated entity under subsection (d); 

18 ‘‘(5) consider the effects on different types and 

19 sizes of businesses, if applicable; 

20 ‘‘(6) for a proposed rule that is likely to lead 

21 to a significant rule, or a final rule that is a signifi22 cant rule— 

23 ‘‘(A) describe the need to be addressed, in24 cluding— 

25 ‘‘(i) the supporting information dem26 onstrating the need; 


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1 ‘‘(ii) the failures of private markets 

2 that warrant new agency action, if applica3 ble; and 

4 ‘‘(iii) whether existing law, including 

5 regulations, has created or contributed to 

6 the need; 

7 ‘‘(B) define the baseline for the analysis; 

8 ‘‘(C) set the timeframe of the analysis; 

9 ‘‘(D) analyze any available regulatory al10 ternatives, including— 

11 ‘‘(i) if rulemaking is not specifically 

12 directed by statute, the alternative of not 

13 regulating; 

14 ‘‘(ii) any alternatives that specify per15 formance objectives rather than identify or 

16 require the specific manner of compliance 

17 that regulated entities must adopt; 

18 ‘‘(iii) any alternatives that involve the 

19 deployment of innovative technology or 

20 practices; and 

21 ‘‘(iv) any alternatives that involve dif22 ferent requirements for different types or 

23 sizes of businesses, if applicable; 


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1 ‘‘(E) identify the effects of the available 

2 regulatory alternatives described in subpara3 graph (D); 

4 ‘‘(F) to the maximum extent practicable, 

5 quantify and monetize the benefits and costs of 

6 the selected regulatory alternative and the avail7 able alternatives under consideration; 

8 ‘‘(G) discount future benefits and costs 

9 quantified and monetized under subparagraph 

10 (F); 

11 ‘‘(H) to the maximum extent practicable, 

12 evaluate non-quantified and non-monetized ben13 efits and costs of the selected regulatory alter14 native and the available alternatives under con15 sideration; and 

16 ‘‘(I) characterize any uncertainty in bene17 fits, costs, and net benefits. 

18 ‘‘(c) LESS BURDENSOME ALTERNATIVES.—If after 

19 conducting an analysis under subsection (a) for a proposed 

20 rule that is likely to lead to a significant rule, or a final 

21 rule that is a significant rule, the Secretary selects a regu22 latory approach that is not the least burdensome com23 pared to an available regulatory alternative, the Secretary 

24 shall include— 


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1 ‘‘(1) in the summary section of the preamble a 

2 statement that the selected approach is more bur3 densome than an available regulatory alternative; 

4 and 

5 ‘‘(2) a justification, with supporting informa6 tion, for the selected approach. 

7 ‘‘(d) CUMULATIVE REGULATORY BURDEN.—In con8 sidering the cumulative regulatory burden under sub9 section (b)(4), the Secretary shall— 

10 ‘‘(1) identify other regulations that attempt to 

11 achieve similar regulatory objectives; 

12 ‘‘(2) evaluate whether the rule is inconsistent, 

13 incompatible, or duplicative with other regulations 

14 issued by the Secretary; and 

15 ‘‘(3) consider whether the estimated benefits 

16 and costs of the rule increase or decrease as a result 

17 of other regulations, issued by the Secretary, that 

18 are not yet fully implemented, compared to the bene19 fits and costs of the rule in the absence of such reg20 ulations. 

21 ‘‘(e) CERTIFICATION.—Before the Secretary issues a 

22 proposed rule or a final rule under this subtitle, the head 

23 of the Office of Regulation in the Office of General Coun24 sel, in consultation with the Office of the Chief Economist 

25 (or successor offices), shall— 


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1 ‘‘(1) certify compliance with subsections (b), 

2 (c), and (d); and 

3 ‘‘(2) include the certification in the docket of 

4 the rule. 

5 ‘‘(f) REGULATORY DETERMINATION.—Except where 

6 otherwise required by statute, the Secretary may issue a 

7 proposed rule or final rule only upon a reasoned deter8 mination that the benefits of the rule justify its costs. 

9 ‘‘(g) PUBLICATION.—Not later than the date that the 

10 proposed rule or final rule, as applicable, is published, the 

11 Secretary shall make publicly available the regulatory im12 pact analysis for that regulation. 

13 ‘‘(h) RULE OF CONSTRUCTION.—Nothing in this sec14 tion may be construed to affect the requirements under 

15 chapter 6 of title 5.’’. 

16 (b) TABLE OF CONTENTS.—The table of contents for 

17 chapter 201, as amended by section 115, is further 

18 amended by inserting after the item relating to section 

19 20126 the following: 

‘‘20127. Regulatory impact analyses.’’. 

20 SEC. 117. PERIODIC REVIEW OF FEDERAL RAILROAD AD21 MINISTRATION ACTIONS. 

22 (a) IN GENERAL.—Subchapter I of chapter 201, as 

23 amended by section 116, is further amended by adding 

24 at the end the following: 


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1 ‘‘§ 20128. Periodic comprehensive review of agency 

2 actions 

3 ‘‘(a) IN GENERAL.—Except as provided under sub4 section (f), not later than June 1, 2019, and at least every 

5 5 years thereafter, the Secretary of Transportation shall 

6 complete, based on the public recommendations under sub7 section (b), a comprehensive review of the regulations, or8 ders, and guidance documents issued under this subtitle. 

9 ‘‘(b) PUBLIC COMMENTS.— 

10 ‘‘(1) IN GENERAL.—Before conducting a review 

11 under subsection (a), the Secretary shall publish in 

12 the Federal Register a request for public comment 

13 on recommendations for regulations, orders, or guid14 ance documents to be revised or repealed. 

15 ‘‘(2) RECOMMENDATIONS.—A request for public 

16 comment under paragraph (1) shall solicit— 

17 ‘‘(A) recommendations for regulations, or18 ders, or guidance documents to be revised or re19 pealed, including a reference to the applicable 

20 citation (in Code of Federal Regulations for21 mat); 

22 ‘‘(B) justifications, including any sup23 porting information, for revising or repealing a 

24 regulation, order, or guidance document identi25 fied under subparagraph (A); and 


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1 ‘‘(C) if applicable, specific suggestions for 

2 improving a regulation, order, or guidance doc3 ument identified under subparagraph (A). 

4 ‘‘(3) PUBLIC COMMENT PERIOD.—The Sec5 retary shall provide 90 days for public comment 

6 under this subsection. 

7 ‘‘(c) CONTENTS.—A review under subsection (a) shall 

8 include for each regulation, order, or guidance document 

9 recommended for revision or repeal under subsection 

10 (b)(2)(A)— 

11 ‘‘(1) consideration of each justification under 

12 subsection (b)(2)(B) and, if applicable, each sugges13 tion under subsection (b)(2)(C); 

14 ‘‘(2) an assessment of whether the regulation, 

15 order, or guidance document is— 

16 ‘‘(A) outmoded or outdated in light of 

17 changed circumstances, including the avail18 ability of new technologies; 

19 ‘‘(B) excessively burdensome due to, 

20 among other things— 

21 ‘‘(i) disproportionate costs on small 

22 businesses; or 

23 ‘‘(ii) costs that exceed benefits; 

24 ‘‘(C) ineffective or insufficient for achiev25 ing its objective; 


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1 ‘‘(D) unclear; 

2 ‘‘(E) inconsistent with other law; or 

3 ‘‘(F) not uniformly or inconsistently en4 forced; 

5 ‘‘(3) to the extent feasible, a comparison of the 

6 actual regulatory cost or burden of the regulation, 

7 order, or guidance document to the cost or burden 

8 estimated in the analysis of— 

9 ‘‘(A) the regulation during the rulemaking 

10 process; 

11 ‘‘(B) the order; or 

12 ‘‘(C) the guidance document; 

13 ‘‘(4) a determination, based on the information 

14 compiled under paragraphs (1) through (3), whether 

15 it is appropriate to revise or repeal the regulation, 

16 order, or guidance document; and 

17 ‘‘(5) a justification for each determination 

18 under paragraph (4). 

19 ‘‘(d) REGULATORY ACTIONS.—Not later than 1 year 

20 after the date of completion of the review under subsection 

21 (a), the Secretary shall— 

22 ‘‘(1) initiate a rulemaking to revise or repeal, as 

23 applicable, each regulation that the Secretary deter24 mines under subsection (c)(4) is necessary to revise 

25 or repeal; 


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1 ‘‘(2) take action to revise or repeal, as applica2 ble, each order the Secretary determines under sub3 section (c)(4) is necessary to revise or repeal; and 

4 ‘‘(3) take action to revise or repeal, as applica5 ble, each guidance document the Secretary deter6 mines under subsection (c)(4) is necessary to revise 

7 or repeal. 

8 ‘‘(e) REPORTS.—Not later than 180 days after the 

9 completion of a review under subsection (a), the Secretary 

10 shall submit a report to the Committee on Commerce, 

11 Science, and Transportation of the Senate and the Com12 mittee on Transportation and Infrastructure of the House 

13 of Representatives that includes— 

14 ‘‘(1) the findings of the review under subsection 

15 (a) and any review conducted under section 

16 20129(c); 

17 ‘‘(2) a list of each determination for the repeal 

18 or revision of a regulation, order, or guidance docu19 ment under subsection (c)(4), including the justifica20 tion for the determination under subsection (c)(5); 

21 and 

22 ‘‘(3) the status and timeline of each action 

23 under subsection (d). 


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1 ‘‘(f) EXCEPTION.—The review under subsection (a) 

2 shall not apply to any regulation that has a framework 

3 described under section 20129.’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 chapter 201, as amended by section 116, is further 

6 amended by inserting after the item relating to section 

7 20127 the following: 

‘‘20128. Periodic comprehensive review of agency actions.’’. 

8 SEC. 118. FRAMEWORK FOR REVIEWING FUTURE REGULA9 TIONS. 

10 (a) IN GENERAL.—Subchapter I of chapter 201, as 

11 amended by section 117, is further amended by adding 

12 at the end the following: 

13 ‘‘§ 20129. Framework for reviewing future regulations 

14 ‘‘(a) IN GENERAL.—The Secretary shall include, in 

15 each significant rule prescribed under this subtitle on or 

16 after December 31, 2017, a framework for assessing the 

17 effects of the rule. 

18 ‘‘(b) REQUIREMENTS.—The framework for assessing 

19 the effects of a rule required under subsection (a) shall 

20 include— 

21 ‘‘(1) a clear statement of the objectives of the 

22 rule, including the need to be addressed and how the 

23 rule addresses that need; 

24 ‘‘(2) a plan for assessing the effects of the rule, 

25 including— 


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1 ‘‘(A) metrics to best gauge the effects on 

2 safety; and 

3 ‘‘(B) costs associated with the rule; and 

4 ‘‘(3) a plan for gathering the data generated by 

5 the assessment required under paragraph (2). 

6 ‘‘(c) REVIEW.—Using the framework described in 

7 subsection (a), the Secretary shall conduct a review of the 

8 rule, in a manner that is substantially similar to the review 

9 described in section 20128, not later than 5 years after 

10 the effective date of the regulation and every 5 years 

11 thereafter.’’. 

12 (b) TABLE OF CONTENTS.—The table of contents for 

13 chapter 201, as amended by section 117, is further 

14 amended by inserting after the item relating to section 

15 20128 the following: 

‘‘20129. Framework for reviewing future regulations.’’. 

16 SEC. 119. APPLICATION. 

17 (a) IN GENERAL.—Subchapter I of chapter 201, as 

18 amended by section 118, is further amended by adding 

19 at the end the following: 

20 ‘‘§ 20130. Nonapplicability 

21 ‘‘Sections 20122 through 20127 and section 20129 

22 shall not apply to sections 20104 and 20109(j).’’. 

23 (b) TABLE OF CONTENTS.—The table of contents for 

24 chapter 201, as amended by section 118, is further 


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1 amended by inserting after the item relating to section 

2 20129 the following: 

‘‘20130. Nonapplicability.’’. 

3 (c) IN GENERAL.—Chapter 51 is amended by insert4 ing after section 5110 the following: 

5 ‘‘§ 5111. Regulatory process improvement 

6 ‘‘(a) IN GENERAL.—Except as provided in subsection 

7 (b), sections 20122, 20123, 20124, 20127, and 20129 

8 shall apply to a proposed rule and, if applicable, a final 

9 rule issued under this chapter if a primary purpose or ma10 terial outcome of the rule is to affect the safe or secure 

11 transportation by railroad of hazardous material in intra12 state, interstate, and foreign commerce. 

13 ‘‘(b) SPECIAL PERMITS.—Nothing in section 20122, 

14 20124, 20127, or 20129 shall be construed to apply to 

15 any action taken pursuant to section 5117.’’. 

16 (d) TABLE OF CONTENTS.—The table of contents for 

17 chapter 51 is amended by inserting after the item relating 

18 to section 5110 the following: 

‘‘5111. Regulatory process improvement.’’. 

19 SEC. 120. EFFECTIVE DATES. 

20 (a) IN GENERAL.—The amendments made by sec21 tions 111, 112, 115, and 116 shall apply with respect to 

22 proposed rules, final rules, and guidance documents issued 

23 on or after the date that is 30 days after the date of the 

24 enactment of this Act. 


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1 (b) SECTION 113.—The amendment made by section 

2 113 shall apply with respect to proposed rules issued on 

3 or after the date that is 18 months after the date of enact4 ment of this Act. 

5 (c) SECTION 114.—The amendment made by section 

6 114 shall take effect on the date that is 30 days after 

7 the date of enactment of this Act. 

8 TITLE II—MISCELLANEOUS 

9 PROVISIONS 

10 Subtitle A—Reorganization of 

11 Subtitle V 

12 SEC. 211. RAIL IMPROVEMENT GRANTS. 

13 (a) REDESIGNATION.—Subtitle V is amended— 

14 (1) by redesignating sections 24401 through 

15 24408 as sections 22901 through 22908, respec16 tively; 

17 (2) by redesignating chapter 244 as chapter 

18 229; 

19 (3) by moving chapter 229, as redesignated, to 

20 appear at the end of part B; 

21 (4) in the table of chapters— 

22 (A) by striking the item relating to chapter 

23 244; and 

24 (B) by inserting after the item relating to 

25 chapter 227 the following: 

‘‘Chapter 229. Rail Improvement Grants ............................................... 22901’’; 


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1 and 

2 (5) by amending the table of sections for chap3 ter 229, as redesignated, to read as follows: 

4 ‘‘CHAPTER 229—RAIL IMPROVEMENT 

5 GRANTS 

‘‘Sec. 

‘‘22901. Definitions. 

‘‘22902. Capital investment grants to support intercity passenger rail services. 

‘‘22903. Project management oversight. 

‘‘22904. Use of capital grants to finance first-dollar liability of grant project. 

‘‘22905. Grant conditions. 

‘‘22906. Authorization of appropriations. 

‘‘22907. Consolidated rail infrastructure and safety improvements. 

‘‘22908. Restoration and enhancement grants.’’. 

6 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

7 (1) TECHNICAL AMENDMENTS.—Chapter 229, 

8 as redesignated, is amended— 

9 (A) in section 22902, as redesignated— 

10 (i) in subsection (c)(3)(A)— 

11 (I) in the matter preceding clause 

12 (i), by inserting ‘‘of’’ after ‘‘other 

13 modes’’; and 

14 (II) in clause (vi) by striking 

15 ‘‘environmentally’’ and inserting ‘‘en16 vironmental’’; and 

17 (ii) in subsection (k), by striking 

18 ‘‘state rail plan’’ and inserting ‘‘State rail 

19 plan’’; and 

20 (B) in section 22905(e)(1), as redesig21 nated— 


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1 (i) by striking ‘‘government author2 ity’’ and inserting ‘‘governmental author3 ity’’; and 

4 (ii) by striking ‘‘section 5302(11) and 

5 (6), respectively, of this title’’ and insert6 ing ‘‘section 5302’’. 

7 (2) CONFORMING AMENDMENTS.—Chapter 229, 

8 as redesignated, is amended— 

9 (A) in section 22901(2)(D), as redesig10 nated, by striking ‘‘24404’’ and inserting 

11 ‘‘22904’’; 

12 (B) in section 22904, as redesignated, by 

13 striking ‘‘24402’’ and inserting ‘‘22902’’; 

14 (C) in section 22907, as redesignated— 

15 (i) in subsection (c)(2), by striking 

16 ‘‘24401(2)’’ and inserting ‘‘22901(2)’’; and 

17 (ii) in subsection (k), by striking ‘‘of 

18 sections 24402, 24403, and 24404 and the 

19 definition contained in 24401(1)’’ and in20 serting ‘‘under sections 22902, 22903, and 

21 22904, and the definition contained in sec22 tion 22901(1)’’; and 

23 (D) in section 22908, as redesignated— 


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1 (i) in subsection (a), in the matter 

2 preceding paragraph (1), by striking 

3 ‘‘24401(1)’’ and inserting ‘‘22901(1)’’; and 

4 (ii) in subsection (i)(3), by striking 

5 ‘‘24405’’ and inserting ‘‘22905’’. 

6 (3) ADDITIONAL CONFORMING AMENDMENTS.— 

7 (A) SUBTITLE V.—Subtitle V is amend8 ed— 

9 (i) in part C— 

10 (I) in section 24711(c)(3), by 

11 striking ‘‘24405’’ and inserting 

12 ‘‘22905’’; and 

13 (II) in section 24911(i), by strik14 ing ‘‘24405’’ and inserting ‘‘22905’’; 

15 and 

16 (ii) in part D, in section 26106(e)(3), 

17 by striking ‘‘24405 of this title’’ and in18 serting ‘‘22905’’. 

19 (B) RAILROAD SAFETY ENHANCEMENT

20 ACT OF 2008.—The Passenger Rail Investment 

21 and Improvement Act of 2008 (division B of 

22 Public Law 110–432) is amended— 

23 (i) in section 301(c) (49 U.S.C. 24405 

24 note), by striking ‘‘24405’’ and inserting 

25 ‘‘22905’’; and 


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1 (ii) in section 502(a)(4)(I) (49 U.S.C. 

2 26106 note), by striking ‘‘24405’’ and in3 serting ‘‘22905’’. 

4 (C) HIGH-SPEED RAIL CORRIDOR DEVEL5 OPMENT.—Section 26106(e)(3) is amended by 

6 striking ‘‘24405’’ and inserting ‘‘22905’’. 

7 (D) FAST ACT.—Section 11308(a)(4)(I) 

8 of the Fixing America’s Surface Transportation 

9 Act (Public Law 114–94; 129 Stat. 1312) is 

10 amended by striking ‘‘24405’’ and inserting 

11 ‘‘22905’’. 

12 SEC. 212. PROJECT DELIVERY. 

13 (a) REDESIGNATION.—Subtitle V is amended— 

14 (1) by redesignating sections 24201 and 24202 

15 as sections 28701 and 28702, respectively; 

16 (2) by redesignating chapter 242 as chapter 

17 287; 

18 (3) by moving chapter 287, as redesignated, to 

19 appear at the end of part E; 

20 (4) in the table of chapters— 

21 (A) by striking the item relating to chapter 

22 242; and 

23 (B) by inserting after the item relating to 

24 chapter 285 the following: 

‘‘Chapter 287. Project Delivery ............................................................... 28701’’; 

25 and 


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1 (5) by amending the table of sections for chap2 ter 287, as redesignated, to read as follows: 

3 ‘‘CHAPTER 287—PROJECT DELIVERY 

‘‘Sec. 

‘‘28701. Efficient environmental reviews. 

‘‘28702. Railroad rights-of-way.’’. 

4 (b) EFFICIENT ENVIRONMENTAL REVIEWS.—Section 

5 28701, as redesignated, is amended— 

6 (1) by striking subsection (c); 

7 (2) by redesignating subsections (d) and (e) as 

8 subsections (c) and (d), respectively; and 

9 (3) by adding at the end the following: 

10 ‘‘(e) SAVINGS CLAUSE.—Nothing in this section may 

11 be construed to limit the adoption of new categorical exclu12 sions for railroad projects that require the approval of the 

13 Secretary under the National Environmental Policy Act 

14 of 1969 (42 U.S.C. 4321 et seq.), including categorical 

15 exclusions proposed as part or as a result of a notice of 

16 proposed rulemaking.’’. 

17 Subtitle B—Miscellaneous 

18 SEC. 221. RULEMAKING PROCESS. 

19 Section 20116 is amended in the heading by striking 

20 ‘‘Rulemaking process’’ and inserting ‘‘Incorpora21 tion by reference’’. 

22 SEC. 222. TRAINING. 

23 (a) MINIMUM TRAINING STANDARDS AND PLANS.— 

24 Section 20162 is amended— 


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1 (1) in subsection (a)— 

2 (A) in the matter preceding paragraph (1), 

3 by striking ‘‘, not later than 1 year after the 

4 date of enactment of the Rail Safety Improve5 ment Act of 2008,’’; 

6 (B) in paragraph (1), by striking the semi7 colon at the end and inserting ‘‘; and’’; 

8 (C) by striking paragraph (2); and 

9 (D) by redesignating paragraph (3) as 

10 paragraph (2); 

11 (2) by striking subsection (b); and 

12 (3) by amending subsection (c) to read as fol13 lows: 

14 ‘‘(c) EXEMPTIONS.—The Secretary shall exempt rail15 road carriers and railroad carrier contractors and sub16 contractors, or the employees thereof, from any training 

17 standard, curriculum, or ongoing criteria, testing, or skills 

18 evaluation measure, or any other requirement under this 

19 section if— 

20 ‘‘(1) the Secretary makes a reasoned determina21 tion that the benefits do not justify the costs of such 

22 requirement; 

23 ‘‘(2) there is insufficient supporting information 

24 to support the need for such requirement; or 


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1 ‘‘(3) the Secretary has issued other training 

2 regulations covering the same subject or designed to 

3 achieve the same objective.’’. 

4 (b) REGULATIONS.—Not later than 3 years after the 

5 date of enactment of this Act, the Secretary shall revise 

6 the regulations under part 243 of title 49, Code of Federal 

7 Regulations, to reduce the burden on railroad carriers, 

8 railroad carrier contractors and subcontractors, and em9 ployees thereof in accordance with section 20162, as 

10 amended by subsection (a) of this section. 

11 (c) EFFECTIVE DATE.—The regulations under part 

12 243 of title 49, Code of Federal Regulations, shall not be 

13 in effect before the date that is 30 days after the date 

14 of publication of the final rule required by subsection (b). 

15 (d) SAVINGS CLAUSE.—Nothing in this section, or 

16 the amendments made by this section, may be construed 

17 to affect part 214 or 232 of title 49, Code of Federal Reg18 ulations, as revised by the final rule, ‘‘Training, Qualifica19 tion, and Oversight for Safety-Related Railroad Employ20 ees’’ (79 Fed. Reg. 66459). 

21 SEC. 223. ASSESSMENTS. 

22 Section 20156 is amended— 

23 (1) in subsection (a)(1)— 

24 (A) by striking ‘‘Not later than 4 years 

25 after the date of enactment of the Rail Safety 


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1 Improvement Act of 2008, the’’ and inserting 

2 ‘‘The’’; and 

3 (B) by inserting ‘‘Class II’’ before ‘‘rail4 road carrier that has inadequate safety per5 formance’’; and 

6 (2) by adding at the end the following: 

7 ‘‘(i) CLASS III RAILROAD CARRIERS.—The Secretary 

8 may require a railroad carrier that is a Class III railroad 

9 and that has an inadequate safety performance (as deter10 mined by the Secretary) to conduct a safety assessment, 

11 including a safety assessment conducted under a grant 

12 made by the Secretary to a private or nonprofit organiza13 tion involved in or affiliated with transportation by a Class 

14 II railroad or Class III railroad for research, development, 

15 evaluation, and training efforts, to enhance rail safety 

16 practices and safety culture. 

17 ‘‘(j) NECESSARY IMPROVEMENTS.— 

18 ‘‘(1) IN GENERAL.—For each railroad carrier 

19 described in paragraph (2), the Secretary shall de20 fine the criteria the railroad carrier must meet in 

21 order to demonstrate that it has adequate safety 

22 performance. 

23 ‘‘(2) RAILROAD CARRIERS DESCRIBED.—A rail24 road carrier described in this paragraph is— 


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1 ‘‘(A) a Class II railroad or a Class III rail2 road; and 

3 ‘‘(B) has inadequate safety performance 

4 (as determined by the Secretary). 

5 ‘‘(k) RULE OF CONSTRUCTION.—Subsection (a), and 

6 the components of the program required under that sub7 section, shall not apply to a railroad carrier that is a Class 

8 III railroad.’’. 

9 SEC. 224. MISCELLANEOUS AUTHORITY. 

10 Section 24305(c)(4) is amended by inserting ‘‘subject 

11 to section 24321,’’ before ‘‘provide food’’. 

12 SEC. 225. APPLICABILITY TO STATES. 

13 Not later than 180 days after the date of the enact14 ment of this Act, the Secretary shall revise part 270 of 

15 title 49, Code of Federal Regulations, to exclude a State, 

16 or a political subdivision of a State, that provides equip17 ment, track, right-of-way, or financial support for intercity 

18 passenger service pursuant to section 209 of the Pas19 senger Rail Investment and Improvement Act of 2008 (di20 vision B of Public Law 110–432; 49 U.S.C. 24101 note) 

21 if such State or political subdivision does not directly oper22 ate such service. 


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1 SEC. 226. ELECTRONIC COMMUNICATIONS AND RECORD 

2 KEEPING. 

3 (a) IN GENERAL.—Not later than 1 year after the 

4 date of enactment of this Act, the Secretary shall— 

5 (1) review part A of subtitle V of title 49, 

6 United States Code, including all relevant regula7 tions, to— 

8 (A) identify each requirement for a per9 son— 

10 (i) to maintain a record; 

11 (ii) to communicate with the Depart12 ment of Transportation; or 

13 (iii) to file information with the De14 partment of Transportation; and 

15 (B) determine whether current regulations 

16 or other requirements allow for— 

17 (i) an electronic record to be sub18 stituted for a paper record; 

19 (ii) a digital transmission, or such 

20 other electronic form of transmission as 

21 the Secretary considers appropriate, to be 

22 substituted for a paper or voice commu23 nication; and 

24 (iii) an electronic filing of information 

25 to be substituted for a paper filing of in26 formation; and 


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1 (2) submit to the Committee on Commerce, 

2 Science, and Transportation of the Senate and the 

3 Committee on Transportation and Infrastructure of 

4 the House of Representatives a report of the find5 ings of the review, including any recommendations. 

6 (b) PERMISSIBLE COMMUNICATIONS AND RECORD

7 KEEPING.—After conducting the review under subsection 

8 (a), the Secretary may authorize a person to substitute 

9 an electronic record, transmission, or filing for a paper 

10 or voice record, transmission, or filing, as applicable, if 

11 the Secretary makes a reasoned determination that the 

12 benefits outweigh the costs. 

13 (c) REGULATIONS.—Notwithstanding any other pro14 vision of law in part A of subtitle V of title 49, United 

15 States Code, as amended by this Act, the Secretary may 

16 revise any regulation as necessary to carry out subsection 

17 (b) of this section. 

18 (d) RULE OF CONSTRUCTION.—Nothing in this sec19 tion may be construed as expanding any record keeping 

20 or reporting requirement. 

Æ 


lotter on DSKBCFDHB2PROD with BILLS