79764 Federal Register / Vol. 89, No. 190 / Tuesday, October 1, 2024 / Rules and Regulations 

reference are available from the North 

Carolina Department of Environmental 

Quality, 217 West Jones Street, Raleigh, 

North Carolina, 27603 (physical address); 

1646 Mail Service Center, Raleigh, North 

Carolina 27699–1646 (mailing address); 

Phone number: (919) 707–8200; website: 

https://www.deq.nc.gov/about/divisions/ 

waste-management/underground-storagetanks-section/underground-storage-tanksrules. 

[FR Doc. 2024–22541 Filed 9–30–24; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 418 

[CMS–1810–CN] 

RIN 0938–AV29 

Medicare Program; FY 2025 Hospice 

Wage Index and Payment Rate Update, 

Hospice Conditions of Participation 

Updates, and Hospice Quality 

Reporting Program Requirements; 

Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), Department 

of Health and Human Services (HHS). 

ACTION: Final rule; correction. 

SUMMARY: This document corrects 

technical and typographical errors in 

the final rule that appeared in the 

August 6, 2024 Federal Register titled 

‘‘Medicare Program; FY 2025 Hospice 

Wage Index and Payment Rate Update, 

Hospice Conditions of Participation 

Updates, and Hospice Quality Reporting 

Program Requirements’’. 

DATES: This correction is effective on 

October 1, 2024. 

FOR FURTHER INFORMATION CONTACT: 

For questions regarding the hospice 

wage index, contact Chantelle Caldwell, 

(410) 786–8743. 

For general questions about hospice 

payment policy, contact the hospice 

mailbox at: hospicepolicy@cms.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2024–16910 of August 6, 

2024 (89 FR 64202), there were a 

number of technical and typographical 

errors that are identified and corrected 

in this correcting document. The 

provisions in this correction document 

are effective as if they had been 

included in the final rule that appeared 

in the August 6, 2024 Federal Register. 

Accordingly, the corrections are 

effective October 1, 2024. 

II. Summary of Errors 

A. Summary of Errors in the Preamble 

On page 64207, we made a 

typographical error in the reported corebased statistical area (CBSA) name and 

wage index value for CBSA 25980, 

Hinesville, Georgia. We reported the 

CBSA name as Hinesville-Fort Stewart, 

Georgia instead of Hinesville, Georgia, 

and the FY 2025 hospice wage index 

value as 0.8872, instead of 0.8886. 

On page 64210, in Table 3, titled 

‘‘Urban Counties that Would Change to 

Rural Status’’, we inadvertently omitted 

FIPS county 09015 Windham County 

from the list of counties that were 

previously urban but would gain rural 

status beginning in FY 2025. Table 3 

contains the FIPS codes, county name, 

current CBSA number and name of the 

counties that will gain rural status in FY 

2025. Windham County was previously 

designated in CBSA 49340 Worchester, 

MA–CT. However, beginning in FY 

2025 this county is redesignated into 

rural Connecticut (rural area 99907). 

Accordingly, we are adding FIPS 09015 

Windham County to the list of counties 

that will gain rural status beginning in 

FY 2025. We also reported a total of 53 

counties and county equivalents that are 

currently considered urban that would 

be considered rural beginning in FY 

2025. Therefore, with the addition of 

Windham County to the list, we are 

correcting that number to 54 counties 

and county equivalents. 

Windham County is also experiencing 

a change to its county name beginning 

in FY 2025, as described in the FY 2025 

hospice final rule (89 FR 64209) and 

will transition from FIPS county 09015 

Windham County to 09150 Northeastern 

Connecticut planning region. 

On page 64222, in Table 8, titled 

‘‘Counties That Will Use a Wage Index 

Transition Code’’, we inadvertently 

omitted FIPS county 09150 

‘‘Northeastern Connecticut Planning 

Region’’ from the list of counties that 

will use a transition code on hospice 

claims for FY 2025 instead of the CBSA 

number. Table 8 contains the FIPS 

codes, county name, current CBSA 

number and name, the redesignated FY 

2025 CBSA number and name and the 

corresponding ‘‘500XX’’ transition code 

that must be submitted on hospice 

claims for FY 2025 to ensure that 

hospice providers who provide services 

in certain counties receive that county’s 

appropriate wage index value. The 

omission of the Northeastern planning 

region from Table 8 and the subsequent 

unassigned transition code for that 

region resulted in two wage index 

values being assigned to statewide rural 

area 99907 in the FY 2025 hospice final 

wage index file located at: https://

www.cms.gov/medicare/payment/feefor-service-providers/hospice/hospicewage-index. However, for hospice 

claims processing, each CBSA or 

statewide rural area can have only one 

wage index value assigned to that CBSA 

or statewide rural area. Therefore, 

hospices that serve beneficiaries in the 

Northeastern Connecticut planning 

region must use transition code 50030, 

instead of the rural statewide code 

99907, on hospice claims beginning in 

FY 2025. Accordingly, we are adding 

FIPS county 09150 ‘‘Northeastern 

Connecticut Planning Region’’ to the list 

of counties in Table 8 that will use a 

transition code on hospice claims for FY 

2025 instead of the CBSA number. 

This correction does not represent a 

change in policy and is consistent with 

the finalized transition policy outlined 

in the FY 2025 Hospice final rule (89 FR 

64220–64224), where beginning in FY 

2025, certain counties must use a 500XX 

transition code on hospice claims 

instead of the statewide rural area or 

CBSA code in circumstances where a 

county was redesignated into a new 

CBSA or rural area and has a different 

wage index than the constituent 

counties that make up that CBSA or 

rural area due to the calculation of the 

5-percent cap. 

On page 64239, we made a 

typographical error. We inadvertently 

included the word ‘‘Proposed’’ in the 

title of Section III.D.2, which therefore 

incorrectly read: ‘‘Implementation of 

Two Process Quality Measures Based on 

Proposed HOPE Data Collection’’. As 

HOPE is finalized as of the FY 2025 

final rule, it should not be referred to as 

‘‘proposed’’. Therefore, the title of this 

Section III.D.2 is corrected to read: 

‘‘Implementation of Two Process 

Quality Measures Based on HOPE Data 

Collection.’’ 

On page 64240, we made a 

typographical error in the sentence 

‘‘CMS maintains to avoid creating 

unnecessary burden for hospice 

providers.’’ The sentence is corrected to 

read: ‘‘CMS maintains its commitment 

to avoid creating unnecessary burden 

for hospice providers.’’ 

On page 64242, we made a 

typographical error in the sentence 

‘‘Theses (SFVs) may be performed by 

RNs or LPNs/LVNs.’’ The sentence is 

corrected to read: ‘‘These SFVs may be 

performed by RNs or LPNs/LVNs.’’ 

On page 64244, under the 

undesignated heading ‘‘Public 

Availability of Data Submitted’’, we 

made two typographical errors. We 

stated the following: ‘‘We are finalizing 

the decision that the data from the first 

quarter Q4 CY 2025, if HOPE data 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 190 / Tuesday, October 1, 2024 / Rules and Regulations 79765 

collection begins in October 2025, it 

will not be used for assessing validity 

and reliability of the quality measures.’’ 

This sentence is corrected to read: ‘‘We 

are finalizing the decision that the data 

from the first quarter—Q4 CY 2025, if 

HOPE data collection begins in October 

2025—will not be used for assessing 

validity and reliability of the quality 

measures.’’ 

We also inadvertently used the word 

‘‘proposed’’ in our discussion of HOPEbased quality measures. HOPE-based 

quality measures are finalized as of the 

FY 2025 final rule; therefore, they 

should not be referred to as ‘‘proposed’’. 

The sentence incorrectly read: ‘‘In light 

of all the steps required prior to data 

being publicly reported, we finalize the 

decision that public reporting of the 

proposed quality measures will be 

implemented no earlier than FY 2028, 

allowing ample time for data analysis, 

review of measures’ appropriateness for 

use for public reporting, and allowing 

hospices the required time to review 

their own data prior to public 

reporting.’’ 

As HOPE-based quality measures are 

finalized as of the FY 2025 final rule; 

they should not be referred to as 

‘‘proposed’’. Therefore, this sentence is 

corrected to read: ‘‘In light of all the 

steps required prior to data being 

publicly reported, we finalize the 

decision that public reporting of the 

HOPE-based quality measures will be 

implemented no earlier than FY 2028, 

allowing ample time for data analysis, 

review of measures’ appropriateness for 

use for public reporting, and allowing 

hospices the required time to review 

their own data prior to public 

reporting.’’ 

On page 64260, we made a 

typographical error inadvertently stating 

that under the Paperwork Reduction Act 

of 1995, we are required to provide ‘‘60- 

day notice’’ in the Federal Register and 

solicit public comment before a 

collection of information requirement is 

submitted to the Office of Management 

and Budget (OMB) for review and 

approval. Instead, we are required to 

provide a ‘‘30-day notice.’’ 

In addition, on page 64260, the 

sentence that reads ‘‘The OMB control 

number will remain 0938–1153.’’ and 

the parenthetical phrase that reads ‘‘(set 

out in the PRA accompanying this Rule, 

as well as the HOPE Guidance Manual 

finalized in this Rule)’’ are removed. 

On page 64261, we referred readers to 

the HOPE Beta testing report and the 

PRA package associated with the rule. 

The ‘‘PRA package’’ should have been 

referred to as the ‘‘information 

collection request’’. In addition, we 

inadvertently omitted the expiration 

date for the information collection 

request. The sentence is corrected to 

read: ‘‘For additional information 

regarding the calculation of HOPE time 

and cost burdens, please refer to the 

HOPE Beta Testing Report found on the 

HOPE web page at https://

www.cms.gov/medicare/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-act-1995/pralisting.’’ 

On page 64262, we made a 

typographical error within Table 18. 

The cell ‘‘HUV Timepoint’’ is corrected 

to read: ‘‘HUV Timepoints.’’ 

B. Summary of Errors and Corrections 

Posted on the CMS Website 

As discussed above, we inadvertently 

omitted FIPS county number 09150 

Northeastern Connecticut planning 

region from the list of counties that 

must use a 500XX transition code 

beginning in FY 2025. That error was 

subsequently included in the FY 2025 

Hospice wage index file exclusively on 

the CMS website at: https://

www.cms.gov/medicare/payment/feefor-service-providers/hospice/hospicewage-index. In Tab 2 of the FY 2025 

Hospice Wage Index file labeled ‘‘CT 

Counties’’, we are correcting the 

erroneous assignment of the 

Northeastern Connecticut planning 

region to CBSA 99907 for FY 2025, to 

reflect the newly assigned wage index 

transition code 50030. We are also 

correcting the omission of the 

Northeastern Planning Region from Tab 

3 of the file labeled ‘‘Transition Codes’’, 

noting the addition of this region to the 

list of counties that must use a 500XX 

transition code instead of the statewide 

rural area code or CBSA number on the 

hospice claim beginning in FY 2025. 

Given these errors, we are 

republishing the FY 2025 Hospice Wage 

Index file accordingly on the CMS 

website at: https://www.cms.gov/ 

medicare/payment/fee-for-serviceproviders/hospice/hospice-wage-index 

effective October 1, 2024. 

III. Waiver of Proposed Rulemaking 

and Delay in Effective Date 

Under 5 U.S.C. 553(b) of the 

Administrative Procedure Act (APA), 

the agency is required to publish a 

notice of the proposed rulemaking in 

the Federal Register before the 

provisions of a rule take effect. 

Similarly, section 1871(b)(1) of the Act 

requires the Secretary to provide for 

notice of the proposed rulemaking in 

the Federal Register and provide a 

period of not less than 60 days for 

public comment. In addition, section 

553(d) of the APA, and section 

1871(e)(1)(B)(i) of the Act mandate a 30- 

day delay in effective date after issuance 

or publication of a rule. Sections 

553(b)(B) and 553(d)(3) of the APA 

provide for exceptions from the notice 

and comment and delay in effective date 

APA requirements; in cases in which 

these exceptions apply, sections 

1871(b)(2)(C) and 1871(e)(1)(B)(ii) of the 

Act provide exceptions from the notice 

and 60-day comment period and delay 

in effective date requirements of the Act 

as well. Section 553(b)(B) of the APA 

and section 1871(b)(2)(C) of the Act 

authorize an agency to dispense with 

normal rulemaking requirements for 

good cause if the agency makes a 

finding that the notice and comment 

process is impracticable, unnecessary, 

or contrary to the public interest. In 

addition, both section 553(d)(3) of the 

APA and section 1871(e)(1)(B)(ii) of the 

Act allow the agency to avoid the 30- 

day delay in effective date where such 

delay is contrary to the public interest 

and an agency includes a statement of 

support. We believe that this correcting 

document does not constitute a rule that 

would be subject to the notice and 

comment or delayed effective date 

requirements. This correcting document 

corrects technical and typographical 

errors in the preamble, addenda, 

payment rates, and tables included or 

referenced in the FY 2025 Hospice final 

rule but does not make substantive 

changes to the policies or payment 

methodologies that were adopted in the 

FY 2025 Hospice final rule. As a result, 

this correcting document is intended to 

ensure that the information in the FY 

2025 Hospice final rule accurately 

reflects the policies adopted in that 

document. 

In addition, even if this were a rule to 

which the notice and comment 

procedures and delayed effective date 

requirements applied, we find that there 

is good cause to waive such 

requirements. Undertaking further 

notice and comment procedures to 

incorporate the corrections in this 

correcting document into the final rule 

or delaying the effective date would be 

contrary to the public interest because it 

is in the public’s interest for providers 

to receive appropriate payments in as 

timely a manner as possible, and to 

ensure that the FY 2025 Hospice final 

rule reflects our policies. Furthermore, 

such procedures would be unnecessary, 

as we are not altering our payment 

methodologies or policies, but rather, 

we are simply correctly implementing 


khammond on DSKJM1Z7X2PROD with RULES
79766 Federal Register / Vol. 89, No. 190 / Tuesday, October 1, 2024 / Rules and Regulations 

the policies that we previously 

proposed, requested comment on, and 

subsequently finalized. This correcting 

document is intended solely to ensure 

that the FY 2025 Hospice final rule 

accurately reflects these payment 

methodologies and policies. For these 

reasons, we believe we have good cause 

to waive the notice and comment and 

delayed effective date requirements. 

IV. Correction of Errors 

In FR Doc. 2024–16910 of August 6, 

2024 (89 FR 64202) make the following 

corrections: 

1. On page 64207, second column, 

second full paragraph: 

a. In lines 17 and 18, ‘‘Hinesville-Fort 

Stewart, Georgia’’ is corrected to read 

‘‘Hinesville, Georgia’’. 

b. In lines 19 and 20, ‘‘Hinesville-Fort 

Stewart, Georgia’’ is corrected to read 

‘‘Hinesville, Georgia’’. 

c. In line 20, the figure ‘‘0.8872’’ is 

corrected to read: ‘‘0.8886’’. 

2. On page 64209, second column, 

paragraph below Table 2, ‘‘53 counties 

(and county equivalents)’’ is corrected 

to read ‘‘54 counties and county 

equivalents’’. 

3. On page 64210, Table 3 is corrected 

by adding an entry at the beginning of 

the table for FIPS County code ‘‘09015’’ 

to read as follows: 

TABLE 3—URBAN COUNTIES THAT WOULD CHANGE TO RURAL STATUS

FIPS county 

code County name State Current CBSA Current CBSA name 

09015 ................ WINDHAM ............................... CT 49340 Worchester, MA-CT. 

*******

4. On page 64222, Table 8 is corrected 

by adding an entry at the beginning of 

the table for FIPS code ‘‘09150’’code to 

read as follows: 

TABLE 8—COUNTIES THAT WILL USE A WAGE INDEX TRANSITION CODE

FIPS 

code County name FY 2024 CBSA FY 2024 CBSA name FY 2025 CBSA FY 2025 CBSA name 

FY 2025 

transition 

code 

09150 ..... NORTHEASTERN CONNECTICUT.49340 Worchester, MA–CT ............. 99907 CONNECTICUT .................... 50030 

* * * * * * * 

5. On page 64239, in the first column, 

the header ‘‘2. Implementation of Two 

Process Quality Measures Based on 

Proposed HOPE Data Collection’’ is 

corrected to read 

‘‘2. Implementation of Two Process 

Quality Measures Based on HOPE Data 

Collection’’. 

6. On page 64240, third column, first 

full paragraph, in lines 4 through 6, the 

sentence ‘‘CMS maintains to avoid 

creating unnecessary burden for hospice 

providers.’’ is corrected to read ‘‘CMS 

maintains its commitment to avoid 

creating unnecessary burden for hospice 

providers.’’ 

7. On page 64242, third column, last 

partial paragraph, in lines 11 and 12, the 

sentence ‘‘Theses (SFVs) may be 

performed by RNs or LPNs/LVNs.’’ is 

corrected to read ‘‘These SFVs may be 

performed by RNs or LPNs/LVNs.’’ 

8. On page 64244, second column: 

a. First partial paragraph, the final 

sentence, ‘‘We are finalizing the 

decision that the data from the first 

quarter Q4 CY 2025, if HOPE data 

collection begins in October 2025, it 

will not be used for assessing validity 

and reliability of the quality measures.’’, 

is corrected to read ‘‘We are finalizing 

the decision that the data from the first 

quarter—Q4 CY 2025, if HOPE data 

collection begins in October 2025—will 

not be used for assessing validity and 

reliability of the quality measures.’’ 

b. Second full paragraph, in lines 7 

through 17, the sentence that reads ‘‘In 

light of all the steps required prior to 

data being publicly reported, we finalize 

the decision that public reporting of the 

proposed quality measures will be 

implemented no earlier than FY 2028, 

allowing ample time for data analysis, 

review of measures’ appropriateness for 

use for public reporting, and allowing 

hospices the required time to review 

their own data prior to public 

reporting.’’ is corrected to read ‘‘In light 

of all the steps required prior to data 

being publicly reported, we finalize the 

decision that public reporting of the 

HOPE-based quality measures will be 

implemented no earlier than FY 2028, 

allowing ample time for data analysis, 

review of measures’ appropriateness for 

use for public reporting, and allowing 

hospices the required time to review 

their own data prior to public 

reporting.’’ 

9. On page 64260: 

a. First column, first partial paragraph 

under the heading ‘‘IV. Collection of 

Information Requirements’’, in lines 2 

and 3, ‘‘60-day’’ is corrected to read ‘‘30- 

day’’. 

b. Third column, first partial 

paragraph: 

i. In lines 3 and 4, the sentence that 

reads ‘‘The OMB control number will 

remain 0938–1153.’’ is removed. 

ii. In lines 11 through 14, the 

parenthetical phrase ‘‘(set out in the 

PRA accompanying this Rule, as well as 

the HOPE Guidance Manual finalized in 

this Rule)’’ is removed. 

10. On page 64261: 

a. First column, first partial 

paragraph, in lines 1 through 11, the 

sentence that reads ‘‘For additional 

information regarding the calculation of 

HOPE time and cost burdens, please 

refer to the HOPE Beta Testing Report 

found on the HOPE web page at https:// 

www.cms.gov/medicare/quality/ 

hospice/hope and the PRA package 

associated with this rule found at 

https://www.cms.gov/medicare/ 

regulations-guidance/legislation/ 

paperwork-reduction-act-1995/pralisting.’’ is corrected to read ‘‘For 

additional information regarding the 

calculation of HOPE time and cost 

burdens, please refer to the HOPE Beta 

Testing Report found on the HOPE web 

page at https://www.cms.gov/medicare/ 


khammond on DSKJM1Z7X2PROD with RULES
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. 


khammond on DSKJM1Z7X2PROD with RULES