Federal Register / Vol. 89, No. 190 / Tuesday, October 1, 2024 / Rules and Regulations 79767 

1 49 CFR 1.89(a); 49 U.S.C. 103(g). 

2https://railroads.dot.gov/elibrary/bipartisaninfrastructure-law-section-22417-fra-accident-andincident-investigations-0. 

quality/hospice/hope and the 

information collection request (OMB 

control number 0938–1153/Expiration 

date: 1/31/2026) associated with this 

rule found at https://www.cms.gov/ 

medicare/regulations-guidance/ 

legislation/paperwork-reduction-act1995/pra-listing.’’ 

b. Third column, lines 15 through 21, 

the sentence that reads ‘‘This increase in 

incremental burden is explained further 

in the Regulatory Impact Analysis (RIA) 

section of this Rule, and is also 

discussed in detail in the Information 

Collection Request and PRA 

accompanying this Rule.’’ is corrected to 

read ‘‘This increase in incremental 

burden is explained further in the 

Regulatory Impact Analysis (RIA) 

section of this rule, and is also 

discussed in detail in the information 

collection request accompanying this 

rule (OMB control number (0938–1153/ 

Expiration date: 1/31/2026).’’ 

11. On page 64262, in Table 18, titled 

‘‘Summary of Changes in Burden’’, the 

entry ‘‘HUV Timepoint’’ is corrected to 

read ‘‘HUV Timepoints’’. 

Elizabeth J. Gramling, 

Executive Secretary to the Department, 

Department of Health and Human Services. 

[FR Doc. 2024–22495 Filed 9–27–24; 4:15 pm] 

BILLING CODE 4120–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 225 

[Docket No. FRA–2024–0034] 

RIN 2130–AC98 

Federal Railroad Administration 

Accident/Incident Investigation Policy 

for Gathering Information and 

Consulting With Stakeholders 

AGENCY: Federal Railroad 

Administration (FRA), U.S. Department 

of Transportation (DOT). 

ACTION: Direct final rule. 

SUMMARY: 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. 

DATES: 

Effective date: This final rule is 

effective on October 31, 2024, without 

further notice unless FRA receives 

adverse, substantive comment by 

October 31, 2024. If FRA receives 

adverse, substantive comment on this 

direct final rule, it will publish a timely 

withdrawal in the Federal Register 

informing the public the rule will not 

take effect. 

ADDRESSES: 

Comments: Comments related to 

Docket No. FRA–2024–0034 may be 

submitted by going to https://

www.regulations.gov and following the 

online instructions for submitting 

comments. 

Instructions: All submissions must 

include the agency name and docket 

number or Regulatory Identification 

Number (RIN) for this rulemaking (RIN 

2130–AC98). Note that all comments 

received will be posted without change 

to https://www.regulations.gov 

including any personal information 

provided. Do not submit electronically 

any information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. For additional 

submission methods and general 

guidance on making effective 

comments, please visit https://

www.transportation.gov/regulations/ 

rulemaking-process. 

Docket: For access to the docket to 

read comments received, go to https:// 

www.regulations.gov and follow the 

online instructions for accessing the 

docket. 

FOR FURTHER INFORMATION CONTACT: Rick 

Huggins, Supervisory Railroad Security 

Specialist, Office of Railroad Safety, 

FRA, telephone: 202–465–6922 or 

email: ricky.huggins@dot.gov; or Senya 

Waas, Senior Attorney, Office of the 

Chief Counsel, FRA, telephone: 202– 

875–4158 or email: senyaann.waas@

dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Pursuant to 49 U.S.C. 20103, FRA, as 

delegated by the Secretary of 

Transportation,1 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. See Public Law 117–58, 

section 22417, Nov. 15, 2021, 135 Stat. 

748. 

In developing this standard process, 

the Secretary must also factor in ways 

to maintain the confidentiality of any 

entity if: 

(1) The entity requests confidentiality; 

(2) The entity was not involved in the 

accident or incident; and 

(3) Maintaining the entity’s 

confidentiality does not adversely affect 

FRA’s investigation. 

The IIJA specifies that any process 

developed under section 22417 applies 

only to FRA investigations and does not 

apply to any investigation carried out by 

the National Transportation Safety 

Board (NTSB). 

In response to the IIJA mandate, FRA 

worked with stakeholders, including 

both labor and rail organizations, to 

develop a Policy for Gathering 

Information and Consulting with 

Stakeholders (Policy Document). The 

resulting Policy Document is available 

on FRA’s website 2 and includes 

guidelines for: 

• When FRA will provide the 

opportunity for stakeholders to 

participate in FRA accident/incident 

investigations; 

• How FRA will notify stakeholders 

of an accident investigation in which 

they may participate; 

• The expectations of stakeholders; 

• How stakeholders can participate in 

FRA’s accident investigation process; 

• How stakeholders can submit 

information to FRA to assist with the 

investigation; and 

• How confidentiality of individuals 

and requests for confidentiality by 

entities will be addressed and 

maintained. 

This rule codifies the process 

contained in the Policy Document. 


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79768 Federal Register / Vol. 89, No. 190 / Tuesday, October 1, 2024 / Rules and Regulations 

FRA is publishing this rule without a 

prior proposed rule because it views 

this as a noncontroversial action that 

generally codifies FRA’s current process 

for accident investigations. As noted 

above, FRA has already worked with 

stakeholders (both labor and the rail 

organizations) to develop the Policy 

Document which is posted on FRA’s 

website. Accordingly, FRA anticipates 

no adverse, substantive comment on any 

of the provisions of the rule. If FRA 

receives an adverse, substantive 

comment on any of the provisions, it 

will publish in the Federal Register a 

timely withdrawal, informing the public 

that the direct final rule will not take 

effect. 

II. Section-by-Section Analysis 

Part 225 Investigations 

FRA is amending 49 CFR 225.31 by 

consolidating existing paragraphs (a) 

through (f) into numbered paragraphs 

(a)(1) through (6) and adding new 

paragraph (b) addressing stakeholder 

participation in certain FRA accident/ 

incident investigations. FRA is also 

revising existing paragraph (a) (now 

paragraph (a)(1)) to clarify that FRA’s 

policy is to investigate rail accidents/ 

incidents which result in the serious 

injury or death of a railroad employee 

or passenger and other accidents/ 

incidents where FRA determines 

investigation would substantially serve 

to promote railroad safety. 

New paragraph (b) codifies the 

process contained in the Policy 

Document. Specifically, paragraph (b) 

codifies the procedures for FRA 

investigators to gather information from, 

and consult with, various stakeholders 

as part of certain accident/incident 

investigations. Consistent with the 

Policy Document, paragraph (b) 

includes guidelines for when FRA will 

provide stakeholders the opportunity to 

participate in investigations, how FRA 

will notify stakeholders of an accident 

investigation, how stakeholders will 

participate in the accident investigation 

process, and how stakeholders can 

submit information to FRA to assist 

with the investigation. 

Paragraph (b) explains that, based on 

initial information, for accidents or 

incidents involving an on-duty 

employee fatality, an on-duty employee 

amputation, or an on-duty employee 

suffering a life-threatening injury), and 

other accidents or incidents FRA’s Chief 

Safety Officer (or their delegate) 

determines appropriate, FRA will 

provide an opportunity for stakeholder 

involvement in the agency’s accident 

investigation. Paragraph (b) further 

provides that those stakeholders may 

include railroads, contractors, 

employees, representatives of 

employees, industry associations, 

academia, the Volpe National 

Transportation Systems Center, and 

others, as FRA determines relevant. 

Paragraphs (b)(1) through (6) set forth 

the procedures both FRA and involved 

stakeholders must follow when 

conducting or participating in accident/ 

incident investigations under this 

section. 

Paragraph (b)(1) addresses FRA’s 

initial accident response and 

stakeholder notification. Specifically, 

when initiating an accident 

investigation under this section, 

paragraph (b)(1) requires FRA to 

identify stakeholders relevant to the 

accident/incident. 

Paragraph (b)(1)(i) requires FRA to 

notify identified stakeholders when it is 

initiating an investigation of an accident 

or incident under paragraph (b), and 

(b)(1)(ii) requires stakeholders interested 

in participating in any such 

investigation to communicate their 

intent to participate to FRA’s Chief 

Safety Officer (or their delegate) within 

24 hours of being notified of the 

investigation. 

As soon as practicable after receipt of 

a stakeholder’s notice of its intent to 

participate in an FRA investigation, 

paragraph (b)(1)(iii) requires FRA to 

establish clear channels of 

communication with stakeholders, 

including, for example, email 

correspondence, teleconferences, and 

in-person meetings, to facilitate the 

efficient transfer of information, and 

consultation and coordination between 

FRA and the stakeholders. 

Paragraph (b)(2) establishes guidelines 

for stakeholder access to an accident or 

incident site, and includes rules that 

FRA, the involved railroad(s), and other 

stakeholders must follow. Specifically, 

paragraph (b)(2)(i) provides that 

stakeholders may only gain access to an 

accident site through the incident 

command (if the accident site is off 

railroad property) or on-site railroad 

personnel (if the accident site is onrailroad property). This paragraph 

makes clear that when investigations 

occur on railroad property, although 

FRA encourages railroads to permit onsite access to all relevant stakeholders 

participating in FRA’s investigation 

process and expects that railroads will 

grant such access, FRA cannot, at its 

own discretion, provide stakeholders 

access. If a railroad rule prohibits a 

stakeholder from accessing an accident 

site during FRA’s on-site investigation, 

the railroad must promptly notify FRA 

in writing of any such rule and FRA will 

subsequently communicate the 

substance of that rule to all affected 

stakeholders. Paragraph (b)(2)(i) further 

provides that, in the event a railroad 

rule prohibits a stakeholder from 

accessing an accident site, FRA may 

consult with that stakeholder by other 

means (e.g., real time participation in 

on-site meetings via video or conference 

call, off-site in-person meetings, virtual 

meetings, or phone calls). 

Paragraph (b)(2)(ii) makes clear that 

any stakeholders participating in FRA’s 

accident/incident investigation process 

under this paragraph are not actual or 

implied agents of FRA and, as such, 

FRA is not responsible for the safety of 

the stakeholders. 

Paragraph (b)(2)(iii) provides that FRA 

will initiate its on-site investigation 

when FRA staff arrive at an accident 

site, and the FRA investigation team 

will depart the accident site upon 

completion of FRA’s on-site 

investigation activities. FRA will not 

await the arrival of stakeholder 

representatives to begin its 

investigation, and, if a stakeholder 

timely notifies FRA’s of its intent to 

participate but does not arrive at the 

accident/incident scene during the 

investigation, FRA may make a 

reasonable effort, at its discretion, to 

provide a verbal summary of the status 

of the investigation before FRA departs 

the scene. 

Paragraph (b)(2)(iv) requires each 

stakeholder representative participating 

in FRA’s on-site investigation to contact 

the FRA Inspector-in-Charge (IIC) upon 

arrival at the accident site and provide 

photo identification to the IIC. This 

paragraph further explains that, at the 

time of a stakeholder’s initial contact 

with the IIC, the IIC or other FRA 

representative will provide the 

stakeholder with the name and contact 

information for the incident commander 

and other pertinent information related 

to the accident known to the IIC at the 

time. 

Paragraph (b)(3) addresses stakeholder 

participation in FRA’s off-site 

information gathering and investigative 

activities. Specifically, paragraph 

(b)(3)(i) provides that FRA will establish 

a means to receive and share documents 

and information electronically with 

stakeholders. As outlined in FRA’s 

Policy for Gathering Information and 

Consulting with Stakeholders, FRA has 

developed a web-based document 

sharing site for stakeholders to provide 

relevant documents or information to 

FRA and for FRA to share relevant 

information with stakeholders. 

Consistent with the published policy 

statement, stakeholders submitting 

documents and information to FRA’s 

investigation team must submit those 


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Federal Register / Vol. 89, No. 190 / Tuesday, October 1, 2024 / Rules and Regulations 79769 

3 88 FR 21879 (Apr. 6, 2023) available at https:// 

www.federalregister.gov/documents/2023/04/11/ 

2023-07760/modernizing-regulatory-review. 

4 DOT–2100.6A-Rulemaking and Guidance (Jun. 

7, 2021) available at https://

www.transportation.gov/sites/dot.gov/files/2021-08/ 

Final-for-OST-C-210407-001-signed.pdf. 

5The present value of costs are calculated in this 

analysis. Present value provides a way of converting 

future costs into equivalent DOT–2100.6A— 

Rulemaking and Guidance (Jun. 7, 2021) available 

at https://www.transportation.gov/sites/dot.gov/ 

files/2021-08/Final-for-OST-C-210407-001- 

signed.pdf. 

materials electronically through the site. 

Protection of personal confidential 

information and requests for protection 

of confidential business information by 

entities that have been granted by FRA 

will apply to relevant documents 

provided pursuant to this paragraph. 

Paragraph (b)(3)(ii) provides that 

stakeholders may request meetings with 

representatives of other non-FRA 

stakeholders and request that FRA 

participate in such meetings. Although 

FRA participation is not guaranteed, any 

information pertinent to the 

investigation made available through 

these meetings must be documented and 

submitted to FRA. 

Paragraph (b)(3)(iii) provides that any 

stakeholder seeking to provide 

confidential information to FRA, must 

coordinate with the IIC prior to 

submittal of that information and 

submit the information to FRA in 

compliance with 49 CFR 209.11. 

Paragraph (b)(4) addresses stakeholder 

participation in FRA’s off-site analysis 

portion of an FRA accident 

investigation. This paragraph provides 

that, when FRA deems appropriate, the 

FRA investigation team will consult 

with stakeholders to review the facts 

gathered during the FRA’s investigation, 

FRA’s analysis of those facts, and FRA’s 

input and outputs of root cause 

analyses. Stakeholders may offer input, 

raise concerns, and participate in 

discussions aimed at identifying root 

causes and potential recommendations 

to mitigate risk or prevent reoccurrence 

of the accident/incident. Stakeholders 

will not be included in any FRA 

deliberations or consideration of 

potential compliance or enforcement 

issues related to an accident/incident 

investigation. 

Paragraph (b)(5) addresses the 

confidentiality of certain information 

related to accident or incident 

investigations. 

Paragraph (b)(5)(i) specifies that, in 

accordance with all applicable laws and 

regulations, FRA will maintain as 

confidential any personally identifiable 

information or sensitive security 

information as defined in 49 CFR 

1520.5, respectively. This paragraph 

further requires that any documents or 

information a stakeholder provides to 

FRA as part of that stakeholder’s 

participation in an accident/incident 

under this section, and for which the 

stakeholder requests confidentiality, 

must be submitted in accordance with 

49 CFR 209.11. Moreover, FRA, 

pursuant to 49 CFR part 209, will 

maintain the confidentiality of any 

stakeholder if: (1) such stakeholder 

requests confidentiality; (2) such 

stakeholder was not involved in the 

accident or incident; and (3) 

maintaining such stakeholder’s 

confidentiality does not adversely affect 

an FRA investigation. 

Additionally, until FRA publishes its 

report on an investigation, stakeholders 

participating in the investigation may 

not disseminate any information 

(whether that information is 

confidential or not), or comment on an 

investigation to non-stakeholders 

through any means, unless FRA’s Chief 

Safety Officer determines that public 

safety necessitates allowing the release 

of certain information to nonstakeholders. FRA’s Chief Safety Officer 

must make any such determination in 

writing. This limitation on sharing 

information is intended to limit 

participating stakeholders from publicly 

sharing information about the ongoing 

investigation, to ensure FRA’s ability to 

conduct the investigation. The 

limitation does not limit participating 

stakeholders from sharing information 

with individuals within their 

organization. 

Paragraph (b)(6) provides that nothing 

in this rule may be construed to reduce, 

in any way, the protections afforded to 

individuals who exercise the conduct 

protected by 49 CFR 225.33, Internal 

Control Plans, and 49 United States 

Code (U.S.C.) 20109, Federal Railroad 

Safety Act, Whistleblower Protections. 

Paragraphs (d), (e), and (f) of this 

section are being redesignated as 

paragraphs (a)(2) through (6) although 

the text remains substantively 

unchanged. 

III. Regulatory Impact and Notices 

A. Executive Order 12866 as Amended 

by Executive Order 14094 and DOT 

Regulatory Policies and Procedures 

This final rule is a non-significant 

regulatory action within the meaning of 

Executive Order (E.O.) 12866, as 

amended by E.O. 14094, ‘‘Modernizing 

Regulatory Review’’ 3 and DOT’s Order, 

‘‘Rulemaking and Guidance 

Procedures,’’ DOT 2100.6A (June 7, 

2021).4 FRA made this determination 

because the economic effects of this 

regulatory action will not exceed the 

$100 million annual threshold as 

defined by E.O. 12866. 

FRA is amending its Accident/ 

Incident Regulations, covering 

reporting, classification, and 

investigations, by codifying its policy 

for gathering information from and 

consulting with stakeholders during an 

accident/incident investigation. FRA 

has revised its accident investigation 

process to establish procedures for 

stakeholder participation in 

investigation, including notifying 

stakeholders of an accident 

investigation; permitting the assistance 

of stakeholders in investigations; and 

allowing stakeholders to submit 

information to FRA to assist with the 

investigation. 

FRA anticipates the primary benefit of 

this rule will be the increased 

information made available for 

accident/incident investigations. 

Involving stakeholders may result in the 

accident investigation process receiving 

more diverse perspectives and more 

complete information, which will 

provide accident investigators with 

valuable information that could be 

essential towards making well-informed 

determinations. FRA also expects that 

providing a means to submit 

information to an accessible web-based 

document sharing site will increase 

transparency and efficiency in the 

accident investigation process since 

there will now be one central point for 

all documentation related to each 

accident investigation, and the 

information will be accessible to all 

necessary parties. 

FRA estimates this direct final rule 

will incur a cost of approximately $0.8 

million (Present Value (PV),5 7-percent) 

over the next ten years. Table 1 displays 

the costs of this rule. 


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6All figures are presented in a 2023 base year 

unless otherwise noted. 

TABLE 1—TOTAL COSTS OF THE DIRECT FINAL RULE (2023 DOLLARS) 6

Year 

Total 

stakeholder 

costs 

Total 

government 

costs 

Total costs Discounted 

7% 

Discounted 

3% 

1 ........................................................................................... $97,922 $19,753 $117,675 $117,675 $117,675 

2 ........................................................................................... 97,922 10,541 108,463 101,367 105,304 

3 ........................................................................................... 97,922 10,541 108,463 94,736 102,237 

4 ........................................................................................... 97,922 10,541 108,463 88,538 99,259

5 ........................................................................................... 97,922 10,541 108,463 82,746 96,368

6 ........................................................................................... 97,922 10,541 108,463 77,333 93,561

7 ........................................................................................... 97,922 10,541 108,463 72,273 90,836

8 ........................................................................................... 97,922 10,541 108,463 67,545 88,190

9 ........................................................................................... 97,922 10,541 108,463 63,126 85,622

10 ......................................................................................... 97,922 10,541 108,463 58,997 83,128 

Total .............................................................................. 979,220 114,622 1,093,842 824,336 962,180 

Note: This table and some others throughout this analysis may not sum due to rounding. 

Baseline Scenario 

If this final rule were not 

promulgated, FRA would conduct the 

same number of annual accident/ 

incident investigations but would not 

have a formal process to allow 

stakeholders to submit relevant 

documents to FRA related to an 

accident/incident. The accident/ 

incident investigation process will now 

include an opportunity for stakeholders 

to participate in formal investigations. 

The additional documentation from 

stakeholders will create more 

transparency and efficiency in the 

accident investigation process. 

Assumptions and Inputs 

The analysis associated with this final 

rule is based on assumptions in Table 2. 

Unless otherwise specified, FRA 

obtained these estimates from subject 

matter experts within FRA’s Office of 

Railroad Safety, who have over 50 years 

of combined industry experience. This 

analysis uses a 2023 base year. Numbers 

are not discounted in the first year of 

analysis. 

TABLE 2—ASSUMPTIONS

Accident Investigation Notifications 

Annual number of accidents/incidents per year for which FRA will require stakeholder notifications ......................... 25 accidents. 

Time for Chief Safety Officer to provide each notification ............................................................................................ 0.25 hours. 

Stakeholder Accident Investigation Representations 

Percent of accident investigations with in-person representation ................................................................................. 50 percent. 

Round-trip travel time per day for union representative ................................................................................................ 2 hours. 

Time per day for accident/incident investigation ........................................................................................................... 8 hours. 

Average number of union representatives per investigation ......................................................................................... 2 employees. 

Average number of investigation days per accident/incident ........................................................................................ 3 days. 

Percent of accident/incident investigations that may overlap with National Transportation Safety Board investigations.25 percent. 

Percent of accident/incident investigations that may require a hotel stay .................................................................... 50 percent. 

Stakeholder hotel and flight travel costs per investigation ............................................................................................ 1,500 dollars. 

FRA-Provided Training and Outreach 

FRA outreach training time ............................................................................................................................................ 1 hour. 

Number of annual FRA training sessions ..................................................................................................................... 5 sessions. 

Stakeholder Documentation Submissions to FRA 

Percent of investigations where stakeholders submit documents to FRA .................................................................... 100 percent. 

Time per investigation to gather and submit documents .............................................................................................. 4 hours. 

FRA Review of Stakeholder Documentation 

Time for FRA employee to review documents .............................................................................................................. 2 hours. 

Document Sharing Site Creation 

Time to create document sharing site ........................................................................................................................... 64 hours. 

Time for FRA Senior Leadership to review/approve document sharing site ................................................................ 16 hours. 

Time needed for IT developers to grant document sharing site access to stakeholders ............................................. 1 hour. 


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Federal Register / Vol. 89, No. 190 / Tuesday, October 1, 2024 / Rules and Regulations 79771 

7 In some situations, FRA’s Chief Safety Officer 

may delegate this duty to other FRA personnel. In 

these cases, the costs would be lower. 

8Senior Executive Service, average salary, 2023, 

burdened at 75%. https://www.opm.gov/policydata-oversight/pay-leave/salaries-wages/salarytables/23Tables/exec/html/ES.aspx. 

9STB 2023 wage rates for Group #100 

(Executives, Officials, & Staff Assistants), $67.69, 

burdened at 75-percent. Surface Transportation 

Board: 2023 Quarterly Wage A&B Data, annual data. 

https://www.stb.gov/reports-data/economic-data/ 

quarterly-wage-ab-data/. 

Benefits 

FRA anticipates the primary benefit of 

this rule will be the increased 

information made available for 

accident/incident investigations. FRA 

has not quantified the benefits of this 

final rule, but FRA expects these 

benefits should be considered when 

discussing the effect of this final rule. 

Involving stakeholders may result in the 

accident investigation process receiving 

more diverse perspectives and more 

complete information, which will 

provide accident investigators with 

valuable information that could be 

essential towards making well-informed 

determinations. FRA also expects that 

providing a means to submit 

information to an accessible web-based 

document sharing site will increase 

transparency and efficiency in the 

accident investigation process since 

there will now be one central point for 

all documentation related to each 

accident investigation, and the 

information will be accessible to all 

necessary parties. FRA acknowledges 

that additional unquantified benefits 

could occur as a result of this final rule. 

Costs 

FRA estimates the costs that would be 

associated with this final rule. 

Specifically, there will be time and 

travel-related costs to stakeholders who 

participate in the accident/incident 

investigations, as well as time spent in 

their submission of documents to FRA. 

There will also be costs to FRA related 

to accident/incident investigation 

notifications, training, and outreach, 

reviewing stakeholder documentations, 

and the creation of the web-based 

document sharing site. 

Accident Investigation Notifications 

FRA will provide notifications to 

stakeholders for each investigation of an 

accident/incident that results in the 

serious injury or death of a railroad 

employee or passenger and other 

accidents/incidents for which FRA 

determines investigation would 

substantially serve to promote railroad 

safety. The notifications will include 

relevant details regarding the accident/ 

incident, and the scope of the 

investigation. FRA estimates that 

approximately 25 accident/incident 

investigation notifications will be sent 

annually, and each notification will take 

approximately 15 minutes (0.25 hours) 

to send. FRA’s Chief Safety Officer (or 

their designee) will notify relevant 

stakeholders when FRA is initiating an 

accident investigation subject to this 

rule.7 For purposes of this analysis, FRA 

uses a burdened wage rate of $148.56 to 

represent the wage for the Chief Safety 

Officer.8 Using this information, FRA 

estimates an annual cost of $929, 

undiscounted, for accident investigation 

notifications to be sent to stakeholders. 

Table 3 displays the annual cost to FRA 

for sending accident/incident 

investigation notifications to 

stakeholders. 

TABLE 3—ANNUAL ACCIDENT INVESTIGATION NOTIFICATIONS

Number of annual notifications 

Time per 

notification 

(hours) 

Burdened 

hourly wage 

Annual 

notification 

cost 

a b c d = a × b × c 

25 ................................................................................................................................................. 0.25 $148.56 $929 

In-Person Representation 

Upon receiving notification from 

FRA, stakeholders are given the 

opportunity to participate in each 

accident/incident investigation. FRA 

subject matter experts assume 

stakeholders will attend approximately 

50 percent of the investigations inperson. Using this data, FRA estimates 

stakeholders will attend 13 accident/ 

incident investigations annually. 

However, FRA anticipates that about 25 

percent of these accident investigations 

may have some overlap with existing 

NTSB accident investigations. Thus, 

FRA estimates approximately 10 annual 

FRA-led accident/incident 

investigations will have stakeholder inperson representation. FRA uses this 

assumption to estimate travel and inperson investigation cost estimates in 

the sections below. Table 4 displays the 

number of annual FRA-led 

investigations with in-person 

stakeholder representation that will be 

used for purposes of this analysis. 

TABLE 4—ANNUAL FRA-LED INVESTIGATIONS WITH IN-PERSON STAKEHOLDER REPRESENTATION

Number of 

annual 

in-person 

investigations 

attended 

Percentage of FRA-led 

investigations 

Number of 

annual FRA-led 

investigations 

a b c = a × b 

13 ................. 75 10 

Travel Costs 

For purposes of this analysis, FRA 

estimates travel costs associated with 

the FRA-led accident investigations. 

FRA assumes stakeholders will send 

senior-level representation for each 

accident/incident investigation. FRA 

uses a wage of $118.46 to represent the 

burdened hourly wage for stakeholder 

representation throughout this 

analysis.9


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FRA assumes stakeholders would 

drive to the investigation location daily, 

and half of the stakeholders would incur 

additional hotel and flight expenses. 

FRA assumes two stakeholder 

representatives would attend each 

investigation for purposes of this 

analysis. 

FRA estimates all of the annual FRAled investigations will require 

stakeholders to drive to and from the 

investigation location each day, either 

from home or from a hotel. FRA 

assumes, on average, each investigation 

will take approximately three working 

days (or 24 hours total) for purposes of 

this analysis. FRA estimates it will take 

stakeholders approximately one hour to 

drive each one-way trip (or two hours 

daily). Table 5 displays the travel costs 

associated with stakeholders commuting 

daily to/from the investigation site. 

TABLE 5—STAKEHOLDER DRIVING COSTS

Number of 

annual 

investigations 

Stakeholder travel time 

per investigation 

(hours) 

Number of stakeholders Burdened hourly wage Travel (driving) costs 

a b c d e = a × b × c × d 

10 ................. 6 2 $118.46 $14,215 

FRA estimates half (5) of the annual 

FRA-led investigations may require 

stakeholders to pay for flight and hotel 

travel expenses. FRA assumes travel 

costs for stakeholders would accrue to 

approximately $1,500 per investigation. 

Table 6 displays the travel costs 

associated with stakeholders who may 

require flight and hotel expenses. 

TABLE 6—STAKEHOLDER HOTEL AND FLIGHT COSTS

Number of 

annual 

investigations 

with flight 

and hotel 

Stakeholder flight and hotel costs per 

investigation Number of stakeholders Annual flight and hotel costs 

a b c d = a × b × c 

5 ................... $1,500 2 $15,000 

Using the information above, FRA 

estimates an annual stakeholder travel 

cost of $29,215, undiscounted, for this 

rule. 

Accident Investigation Participation 

FRA estimates stakeholders will 

participate in 10 FRA-led accident/ 

incident investigations each year. FRA 

estimates, on average, each investigation 

will take 24 hours (three working days) 

to complete. Using this information, 

FRA estimates an annual cost of $56,861 

for stakeholders to participate in FRAled investigations, shown in Table 7. 

TABLE 7—ANNUAL COST FOR STAKEHOLDER INVESTIGATION PARTICIPATION

Number of 

annual 

FRA-led 

investigations 

Average 

number of 

hours per 

investigation 

Number of stakeholders Burdened hourly wage Annual cost 

a b c d e = a × b × c × d 

10 ................. 24 2 $118.46 $56,861 

Documentation Submission 

FRA estimates stakeholders will 

submit documentation for each 

accident/incident investigation, 

regardless of whether the stakeholder 

participates in-person. FRA estimates it 

will take stakeholders approximately 

four hours to gather and submit relevant 

documents to FRA for the investigation 

process. FRA estimates an annual cost 

of $11,846 for stakeholders to submit 

documents to FRA for investigations, 

shown in Table 8. 

TABLE 8—ANNUAL COST FOR STAKEHOLDERS TO SUBMIT DOCUMENTS TO FRA 

Number of 

annual submissions 

Time per 

submission 

(hours) 

Burdened hourly wage 

Annual 

submission 

cost 

a b c d = a × b × c 

25 ................. 4 $118.46 $11,846 


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10Washington, DC Locality Pay, 2023, GS–14, 

Step 5 ($150,016), divided by 2,080 hours, 

burdened at 75%. https://www.opm.gov/policydata-oversight/pay-leave/salaries-wages/salarytables/23Tables/html/DCB.aspx. 

11Although FRA anticipates the web-based 

document sharing site as the primary means to 

submit/share information relevant to accident/ 

incident investigations, stakeholders may still 

submit relevant information to FRA without using 

the site. 

12Washington, DC Locality Pay, 2023, GS–13, 

Step 5 ($126,949), divided by 2,080 hours, 

burdened at 75%. https://www.opm.gov/policydata-oversight/pay-leave/salaries-wages/salarytables/23Tables/html/DCB.aspx. 

FRA estimates, upon receiving the 

documents from stakeholders, a railroad 

safety specialist will conduct a review 

of the package. FRA estimates that each 

submission package will take 

approximately two hours to review. For 

purposes of this analysis, FRA uses a 

burdened hourly wage rate of $126.21 to 

represent the wage for a railroad safety 

specialist.10 FRA estimates an annual 

cost of $6,311 for FRA to review the 

documents submitted by stakeholders, 

shown in Table 9. 

TABLE 9—FRA DOCUMENTATION REVIEW

Number of annual submission reviews 

Time per 

review 

(hours) 

Burdened 

hourly wage 

Annual review 

cost 

a b c d = a × b × c 

25 ................................................................................................................................................. 2 $126.21 $6,311 

FRA Outreach to Stakeholders 

FRA anticipates multiple occasions 

annually where FRA would meet with 

labor unions and stakeholder groups to 

ensure they understand the 

amendments to the accident 

investigation process. FRA estimates 

five meetings would occur annually 

where a railroad safety specialist would 

provide outreach to stakeholders and 

answer questions they may have 

regarding the amended process. FRA 

estimates each session would take 

approximately one hour to conduct. 

FRA uses this information to estimate 

an annual cost of $631 for stakeholder 

outreach, shown in Table 10. 

TABLE 10—FRA OUTREACH COSTS

Number of 

FRA outreach 

sessions 

Time per 

session 

(hours) 

Burdened hourly wage Annual 

outreach cost 

a b c d = a × b × c 

5 ................... 1 $126.21 $631 

Web-Based Document Sharing Site 

Creation 

FRA has developed a web-based 

document sharing site as a means for 

stakeholders to submit documents to 

FRA as a part of the accident/incident 

investigation process. FRA anticipates 

stakeholders will utilize this site as the 

primary means of document submission 

and sharing of information for future 

accident investigations.11

The web-based document sharing site 

was created internally by FRA’s 

information technology (IT) office. The 

total project development time was 80 

hours. The project development process 

was split between both an IT developer 

creating the site and FRA senior 

leadership reviewing and approving the 

site before it was finalized. FRA 

estimates it took 64 hours for the IT 

developer to create and finalize the webbased document sharing site, and it took 

16 hours for FRA senior leadership to 

review and approve it. For purposes of 

this analysis, FRA uses a burdened wage 

rate of $106.80 to estimate the costs of 

the web-based document sharing site 

creation.12 Table 11 displays the onetime costs of the web-based document 

sharing site. 

TABLE 11—WEB-BASED DOCUMENT SHARING SITE CREATION

Web-based 

document 

sharing site 

development 

time 

(hours) 

Burdened 

wage rate 

Web-based 

document 

sharing site 

cost 

a b c = a × b 

IT Specialist ................................................................................................................................. 64 $106.80 $6,835 

SES Review/Approval .................................................................................................................. 16 148.56 2,377 

Total ...................................................................................................................................... 80 ........................ 9,212 

FRA estimates all 25 annual accident 

investigations will have documentation 

submitted by the stakeholders, 

regardless of whether or not the 

stakeholder participates in-person. FRA 

estimates stakeholders would need to 


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submit minimal contact information to 

FRA to be granted access to the webbased document sharing site. FRA 

considers these costs to be de minimis. 

However, FRA does account for the cost 

to FRA for granting access to 

stakeholders once this information has 

been submitted. FRA estimates it will 

take approximately one hour for FRA’s 

IT developer to grant access to each 

stakeholder upon receiving the 

necessary information. Table 12 

displays the annual cost to FRA for 

granting stakeholders access to the webbased document sharing site. 

TABLE 12—FRA COSTS FOR GRANTING STAKEHOLDERS DOCUMENT SHARING SITE ACCESS

Number of 

annual stakeholder access 

requests 

Time to grant access 

(hours) Burdened wage rate Annual access cost 

a b c d = a × b × c 

25 ................. 1 $106.80 $2,670 

Total Costs 

FRA estimates a total 10-year cost of 

$0.7 million (PV, 7-percent) to 

stakeholders for this rule. Table 13 

displays the total costs to stakeholders 

for this final rule. 

TABLE 13—TOTAL 10-YEAR COST TO STAKEHOLDERS

Year Travel Investigation 

participation 

Document 

submission 

Total stakeholder costs Discounted 

7% 

Discounted 

3% 

1 ............................................................... $ 29,215 $ 56,861 $ 11,846 $ 97,922 $ 97,922 $ 97,922 

2 ............................................................... 29,215 56,861 11,846 97,922 91,516 95,070 

3 ............................................................... 29,215 56,861 11,846 97,922 85,529 92,301 

4 ............................................................... 29,215 56,861 11,846 97,922 79,934 89,613 

5 ............................................................... 29,215 56,861 11,846 97,922 74,704 87,002 

6 ............................................................... 29,215 56,861 11,846 97,922 69,817 84,468 

7 ............................................................... 29,215 56,861 11,846 97,922 65,250 82,008 

8 ............................................................... 29,215 56,861 11,846 97,922 60,981 79,620 

9 ............................................................... 29,215 56,861 11,846 97,922 56,991 77,301 

10 ............................................................. 29,215 56,861 11,846 97,922 53,263 75,049 

Total .................................................. 292,150 568,610 118,460 979,220 735,907 860,354 

FRA estimates a total 10-year cost of 

$0.1 million (PV, 7-percent) to FRA for 

this rule. Table 14 displays the total 

costs to FRA for this final rule. 

TABLE 14—TOTAL 10-YEAR COST TO FRA 

Year Notifications Outreach/ 

training 

Documentation 

review 

Web-based 

document 

sharing site 

Total 

government 

costs 

Discounted 

7% 

Discounted 

3% 

1 ................................... $929 $631 $6,311 $11,882 $19,753 $19,753 $19,753 

2 ................................... 929 631 6,311 2,670 10,541 9,851 10,234 

3 ................................... 929 631 6,311 2,670 10,541 9,207 9,936 

4 ................................... 929 631 6,311 2,670 10,541 8,605 9,647 

5 ................................... 929 631 6,311 2,670 10,541 8,042 9,366 

6 ................................... 929 631 6,311 2,670 10,541 7,516 9,093 

7 ................................... 929 631 6,311 2,670 10,541 7,024 8,828 

8 ................................... 929 631 6,311 2,670 10,541 6,564 8,571 

9 ................................... 929 631 6,311 2,670 10,541 6,135 8,321 

10 ................................. 929 631 6,311 2,670 10,541 5,734 8,079 

Total ...................... 9,290 6,310 63,110 35,912 114,622 88,431 101,828 

FRA estimates a total 10-year cost of 

$0.8 million (PV, 7-percent) for this 

direct final rule, shown in Table 15. 


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TABLE 15—10-YEAR TOTAL COSTS

Year 

Total 

stakeholder 

costs 

Total 

government 

costs 

Total costs Discounted 

7% 

Discounted 

3% 

1 ........................................................................................... $97,922 $19,753 $117,675 $117,675 $117,675 

2 ........................................................................................... 97,922 10,541 108,463 101,367 105,304 

3 ........................................................................................... 97,922 10,541 108,463 94,736 102,237 

4 ........................................................................................... 97,922 10,541 108,463 88,538 99,259

5 ........................................................................................... 97,922 10,541 108,463 82,746 96,368

6 ........................................................................................... 97,922 10,541 108,463 77,333 93,561

7 ........................................................................................... 97,922 10,541 108,463 72,273 90,836

8 ........................................................................................... 97,922 10,541 108,463 67,545 88,190

9 ........................................................................................... 97,922 10,541 108,463 63,126 85,622

10 ......................................................................................... 97,922 10,541 108,463 58,997 83,128 

Total .............................................................................. 979,220 114,622 1,093,842 824,336 962,180 

B. Regulatory Flexibility Act 

The Regulatory Flexibility Act of 1980 

((RFA), 5 U.S.C. 601 et seq.) and E.O. 

13272 (67 FR 53461, Aug. 16, 2002) 

require agency review of proposed and 

final rules to assess their impacts on 

small entities. When an agency issues a 

proposed rule, the RFA requires the 

agency to ‘‘prepare and make available 

for public comment an initial regulatory 

flexibility analysis’’ which will 

‘‘describe the impact of the proposed 

rule on small entities.’’ 5 U.S.C. 603(a). 

Section 605 of the RFA allows an 

agency to certify a rule, in lieu of 

preparing an analysis, if the proposed 

rulemaking is not expected to have a 

significant economic impact on a 

substantial number of small entities. 

Although this final rule will impact 

small entities, it is entirely voluntary for 

those entities to participate, imposing 

only de minimis additional burdens or 

benefits on regulated entities. The 

regulation would therefore not have a 

significant impact on a substantial 

number of small entities. Pursuant to 5 

U.S.C. 601(b), the FRA Administrator 

hereby certifies that this final rule will 

not have a significant impact on a 

substantial number of small entities. 

In addition, FRA has determined the 

RFA does not apply to this rulemaking. 

The Small Business Administration’s A 

Guide for Government Agencies: How to 

Comply with the Regulatory Flexibility 

Act (2017), provides that if, under either 

the APA or any rule of general 

applicability governing federal grants to 

state and local governments, the agency 

is required to publish a general notice 

of proposed rulemaking (NPRM), the 

RFA must be considered. See 5 U.S.C. 

604(a). If an NPRM is not required, the 

RFA does not apply. Therefore, because 

FRA is not required to publish an 

NPRM, the RFA does not apply. 

C. Paperwork Reduction Act 

There are no new or additional 

information collection requirements 

associated with this final rule. 

Therefore, FRA is not required to 

provide an estimate of a public 

reporting burden in this document. 

D. Environmental Assessment 

FRA has evaluated this final rule in 

accordance with the National 

Environmental Policy Act (NEPA) (42 

U.S.C. 4321 et seq.), the Council of 

Environmental Quality’s NEPA 

implementing regulations (40 CFR parts 

1500 through 1508), FRA’s regulations 

implementing NEPA (23 CFR part 771), 

and other environmental statutes, 

executive orders, and related regulatory 

requirements. FRA has determined that 

this rule is categorically excluded from 

environmental review and therefore 

does not require the preparation of an 

environmental assessment (EA) or 

environmental impact statement (EIS). 

Categorical exclusions (CEs) are actions 

identified in an agency’s NEPA 

implementing procedures that do not 

normally have a significant impact on 

the environment and therefore do not 

require either an EA or EIS. Specifically, 

FRA has determined that this final rule 

is categorically excluded from detailed 

environmental review. 

This rulemaking would not directly or 

indirectly impact any environmental 

resources and would not result in 

significantly increased emissions of air 

or water pollutants or noise. In 

analyzing the applicability of a CE, FRA 

must also consider whether unusual 

circumstances are present that would 

warrant a more detailed environmental 

review. FRA has concluded that no such 

unusual circumstances exist with 

respect to this final rule and it meets the 

requirements for categorical exclusion. 

Pursuant to Section 106 of the 

National Historic Preservation Act and 

its implementing regulations, FRA has 

determined this undertaking has no 

potential to affect historic properties. 

FRA has also determined that this 

rulemaking does not approve a project 

resulting in a use of a resource protected 

by Section 4(f). Further, FRA reviewed 

this final rulemaking and found it 

consistent with E.O. 14008, ‘‘Tackling 

the Climate Crisis at Home and 

Abroad.’’ 

E. Environmental Justice 

Executive Order 14096, ‘‘Revitalizing 

Our Nation’s Commitment to 

Environmental Justice for All,’’ which 

expands on E.O. 12898, ‘‘Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations,’’ requires 

DOT agencies to achieve environmental 

justice as part of their mission by 

identifying and addressing, as 

appropriate, disproportionately high 

and adverse human health or 

environmental effects, including 

interrelated social and economic effects, 

of their programs, policies, and 

activities on minority populations and 

low-income populations. DOT Order 

5610.2C (‘‘U.S. Department of 

Transportation Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’) instructs DOT agencies to 

address compliance with E.O. 12898 

and requirements within the DOT Order 

5610.2C in rulemaking activities, as 

appropriate, and also requires 

consideration of the benefits of 

transportation programs, policies, and 

other activities where minority 

populations and low-income 

populations benefit, at a minimum, to 

the same level as the general population 

as a whole when determining impacts 

on minority and low-income 


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13E.O. 14096 ‘‘Revitalizing Our Nation’s 

Commitment to Environmental Justice,’’ issued on 

April 26, 2023, supplements E.O. 12898, but is not 

currently referenced in DOT Order 5610.2C. 

populations.13 FRA has evaluated this 

final rule under Executive Orders 

12898, 14096, and DOT Order 5610.2C, 

and has determined it will not cause 

disproportionate and adverse human 

health and environmental effects on 

communities with environmental justice 

concerns. 

F. Federalism Implications 

This final rule will not have a 

substantial effect on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Thus, in 

accordance with E.O. 13132, 

‘‘Federalism’’ (64 FR 43255, Aug. 10, 

1999), preparation of a Federalism 

Assessment is not warranted. 

G. Unfunded Mandates Reform Act of 

1995 

This final rule will not result in the 

expenditure, in the aggregate, of 

$100,000,000 or more, adjusted for 

inflation, in any one year by State, local, 

or Indian Tribal governments, or the 

private sector. Thus, consistent with 

section 202 of the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4, 2 

U.S.C. 1532), FRA is not required to 

prepare a written statement detailing the 

effect of such an expenditure. 

H. Energy Impact 

E.O. 13211 requires Federal agencies 

to prepare a Statement of Energy Effects 

for any ‘‘significant energy action.’’ 66 

FR 28355 (May 22, 2001). FRA has 

evaluated this rule in accordance with 

E.O. 13211 and determined that this 

rule is not a ‘‘significant energy action’’ 

within the meaning of E.O. 13211. 

I. Executive Order 13175 (Tribal 

Consultation) 

FRA has evaluated this final rule in 

accordance with the principles and 

criteria contained in E.O. 13175, 

‘‘Consultation and Coordination with 

Indian Tribal Governments,’’ dated 

November 6, 2000. The final rule would 

not have a substantial direct effect on 

one or more Indian tribes, would not 

impose substantial direct compliance 

costs on Indian tribal governments, and 

would not preempt tribal laws. 

Therefore, the funding and consultation 

requirements of E.O. 13175 do not 

apply, and a tribal summary impact 

statement is not required. 

J. International Trade Impact 

Assessment 

The Trade Agreement Act of 1979 

prohibits Federal agencies from 

engaging in any standards or related 

activities that create unnecessary 

obstacles to the foreign commerce of the 

United States. Legitimate domestic 

objectives, such as safety, are not 

considered unnecessary obstacles. The 

statute also requires consideration of 

international standards and where 

appropriate, that they be the basis for 

U.S. standards. This rulemaking is 

purely domestic in nature and is not 

expected to affect trade opportunities 

for U.S. firms doing business overseas or 

for foreign firms doing business in the 

United States. 

List of Subjects in 49 CFR Part 225 

Investigations, Penalties, Railroad 

safety, Reporting and recordkeeping 

requirements. 

In consideration of the foregoing, FRA 

amends part 225 of chapter II, subtitle 

B of title 49, Code of Federal 

Regulations as follows: 

PART 225—RAILROAD ACCIDENTS/ 

INCIDENTS: REPORTS 

CLASSIFICATION, AND 

INVESTIGATIONS 

■ 1. The authority citation for part 225 

continues to read as follows: 

Authority: 49 U.S.C. 103, 322(a), 20103, 

20107, 20901–20902, 21301, 21302, 21311; 

28 U.S.C. 2461 note; and 49 CFR 1.89. 

■ 2. Revise and republish § 225.31 to 

read as follows: 

§ 225.31 Investigations. 

(a) General. (1) It is the policy of FRA 

to investigate rail transportation 

accidents/incidents which result in the 

serious injury or death of a railroad 

employee or passenger and other 

accidents/incidents, the investigation of 

which FRA determines would 

substantially serve to promote railroad 

safety. 

(2) FRA representatives are authorized 

to investigate accidents/incidents and 

have been issued credentials 

authorizing them to inspect railroad 

records and properties. They are 

authorized to obtain all relevant 

information concerning accidents/ 

incidents under investigation, to make 

inquiries of persons having knowledge 

of the facts, conduct interviews and 

inquiries, and attend as an observer, 

hearings conducted by railroads. When 

necessary to carry out an investigation, 

the FRA may authorize the issuance of 

subpoenas to require the production of 

records and the giving of testimony. 

(3) Whenever necessary, the FRA will 

schedule a public hearing before an 

authorized hearing officer, in which 

event testimony will be taken under 

oath, a record made, and opportunity 

provided to question witnesses. 

(4) When necessary in the conduct of 

an investigation, the Federal Railroad 

Administrator may require autopsies 

and other tests of the remains of railroad 

employees who die as a result of an 

accident/incident. 

(5) Information obtained through FRA 

accident investigations may be 

published in public reports or used for 

other purposes FRA deems to be 

appropriate. 

(6) Section 20903 of title 49 of the 

United States Code provides that no part 

of a report of an accident investigation 

under section 20902 of title 49 of the 

United States Code may be admitted as 

evidence or used for any purpose in any 

suit or action for damages growing out 

of any matter mentioned in the accident 

investigation report. 

(b) Stakeholder participation. For 

accidents or incidents involving, based 

on initial information, an on-duty 

employee fatality, an on-duty employee 

amputation, or an on-duty employee 

suffering life-threatening injuries, and 

other accidents or incidents FRA’s Chief 

Safety Officer (or their delegate) 

determines appropriate, FRA will 

provide an opportunity for stakeholder 

involvement in FRA’s accident 

investigation. Stakeholders may 

include, but are not limited to, railroads, 

contractors, employees, representatives 

of employees, industry associations, 

academia, the Volpe Center, and any 

other persons or entities FRA 

determines to be relevant. FRA, 

involved stakeholders, and railroads 

whose property is the site of an 

investigation, shall adhere to the 

following procedures and limits when 

conducting or participating in accident/ 

incident investigations under this 

section: 

(1) Initial response and stakeholder 

notification. When initiating an 

investigation into an accident under this 

paragraph, FRA will identify 

stakeholders relevant to the accident or 

incident. 

(i) FRA will promptly notify, in 

writing where practicable, the identified 

stakeholders of the agency’s initiation of 

an investigation into an accident or 

incident. Such notifications will include 

the known relevant details regarding the 

incident and the expected scope of the 

investigation. 

(ii) Stakeholders interested in 

participating in the investigation must 

communicate their intent to participate 

to FRA’s Chief Safety Officer (or their 


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delegate) within 24 hours of the 

notification under paragraph (b)(1)(i) of 

this section. 

(iii) As soon as practicable, upon 

receipt of stakeholders’ notice of intent 

to participate in an investigation, FRA 

shall establish clear channels of 

communication with the identified 

stakeholders. These channels may 

include, but are not limited to, email 

correspondence, teleconferences, inperson meetings, and online forums. 

(2) On-site investigation. (i) 

Stakeholders may only gain access to 

the accident site through the incident 

command or on-site railroad personnel. 

When investigations occur on railroad 

property, FRA encourages railroads to 

permit on-site access to stakeholders 

participating in FRA’s investigation 

process and expects that railroads will 

grant such access. However, FRA 

cannot, at its own discretion, provide 

stakeholders’ access to an accident site. 

If a railroad rule prohibits a stakeholder 

from accessing the accident site during 

FRA’s on-site investigation, a railroad 

must promptly notify FRA in writing of 

any such rule, and FRA will 

subsequently communicate the 

substance of the rule to all affected 

stakeholders. In these instances, as 

practicable, FRA may consult with any 

affected stakeholder by other means 

(e.g., through real-time participation in 

on-site meetings via video or conference 

call, off-site in-person meetings, virtual 

meetings, or phone calls). 

(ii) Stakeholders are not actual or 

implied agents of FRA. FRA is not 

responsible for the safety of 

stakeholders. 

(iii) FRA will initiate its on-site 

investigation when FRA staff arrive at 

an accident site, and the FRA 

investigation team will depart the 

accident site upon completion of FRA’s 

on-site investigation activities. FRA will 

not wait for participating stakeholders 

to arrive at the accident site to begin its 

investigation, but FRA will make a 

reasonable effort to provide a 

stakeholder that does not arrive at the 

accident site during the investigation a 

verbal summary of the status of the 

investigation. As needed, FRA will 

advise stakeholder representatives when 

the FRA team expects to leave the 

accident site. 

(iv) Each stakeholder representative 

participating in FRA’s on-site 

investigation must contact the FRA 

Inspector-in-Charge (IIC) upon arrival at 

the accident site and provide photo 

identification to the IIC. At the time of 

a stakeholder’s initial contact with the 

IIC, the IIC or other FRA representatives 

will provide the stakeholder with the 

name and contact information for the 

incident commander and other 

pertinent information related to the 

accident known to the IIC at the time. 

As needed, FRA’s investigation team 

should coordinate meeting(s) with 

stakeholders and provide a verbal 

summary of the status of the 

investigation as stakeholders arrive to 

the accident site. 

(3) Off-site information gathering and 

investigative activities. (i) When 

conducting accident/incident 

investigations under this paragraph, to 

the extent practicable, FRA will 

establish a means to receive and share 

documents and information with 

Stakeholders electronically. Any 

documents or information stakeholders 

submit to FRA’s investigation team must 

be provided to FRA through such 

established system. With the exception 

of confidential information or 

documents or information appropriately 

submitted consistent with paragraph (4) 

of this section, FRA may share 

documents relevant to its investigation 

with Stakeholders. 

(ii) Stakeholders may request 

meetings with representatives of other 

non-FRA stakeholders and request that 

FRA participate in such meetings. FRA 

participation is not guaranteed, and any 

information pertinent to the 

investigation made available through 

these meetings must be documented and 

submitted through the established 

electronic information sharing system. 

(iii) Any stakeholder seeking to 

provide confidential information to 

FRA, or to maintain the confidentiality 

of such stakeholder’s identity, must 

coordinate with the IIC prior to 

submittal of that information and 

submit the information to FRA in 

compliance with 49 CFR 209.11. 

(4) Analysis activities. As appropriate, 

the FRA investigation team will consult 

with stakeholders to review the facts 

gathered during the team’s investigation 

of the accident/incident, FRA’s analysis 

of those facts, and FRA’s inputs and 

outputs of root cause analyses. 

Stakeholders may offer input, raise 

concerns, and participate in discussions 

aimed at identifying root causes and 

potential recommendations to mitigate 

risk or prevent reoccurrence of the 

accident/incident. Stakeholders will not 

be included in FRA deliberations or 

consideration of potential compliance or 

enforcement issues related to an 

accident/incident investigation. 

(5) Confidentiality. (i) FRA recognizes 

the sensitive nature of certain 

information involved in accident or 

incident investigations. In accordance 

with applicable laws and regulations, 

FRA will maintain as confidential any 

personally identifiable information or 

sensitive security information as 

defined in 2 CFR 200.1 and 49 CFR 

1520.5, respectively. Any other 

documents or information a 

participating stakeholder provides to 

FRA as part of that stakeholder’s 

participation in an accident/incident 

investigation under this section, and for 

which a stakeholder claims 

confidentiality, must be submitted in 

accordance with 49 CFR 209.11. 

(ii) FRA shall maintain the 

confidentiality of any stakeholder if: 

(A) such stakeholder requests 

confidentiality; 

(B) such stakeholder was not involved 

in the accident or incident; and 

(C) maintaining such stakeholder’s 

confidentiality does not adversely affect 

an FRA investigation. 

(iii) Until FRA publishes its report on 

the investigation, a stakeholder 

participating in an investigation may 

not disseminate any information or 

comment on an investigation to nonstakeholders through any means. Only 

when necessary for public safety, and 

only with the FRA Chief Safety Officer’s 

written permission, may stakeholders 

release information to non-stakeholders 

if the information is factual, neutral and 

objective in tone, and without purported 

FRA characterization of the matter’s 

contribution to the underlying accident/ 

incident. 

(6) Whistleblower protections. 

Nothing in this paragraph may be 

construed to reduce in any way the 

protections afforded to individuals who 

exercise the conduct protected by 49 

CFR 225.33, Internal Control Plans, and 

49 United States Code (U.S.C.) § 20109, 

Federal Railroad Safety Act, 

Whistleblower Protections. 

Issued in Washington, DC. 

Allison Ishihara Fultz, 

Chief Counsel. 

[FR Doc. 2024–22326 Filed 9–30–24; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 217 

[Docket No. 240524–0146] 

RIN 0648–BL96 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to the New 

England Wind Project, Offshore 

Massachusetts; Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 


khammond on DSKJM1Z7X2PROD with RULES