85892 Federal Register / Vol. 89, No. 209 / Tuesday, October 29, 2024 / Proposed Rules 

The FAA is issuing this rulemaking 

under the authority described in 

Subtitle VII, Part A, Subpart III, Section 

44701: General requirements. Under 

that section, Congress charges the FAA 

with promoting safe flight of civil 

aircraft in air commerce by prescribing 

regulations for practices, methods, and 

procedures the Administrator finds 

necessary for safety in air commerce. 

This regulation is within the scope of 

that authority because it addresses an 

unsafe condition that is likely to exist or 

develop on products identified in this 

rulemaking action. 

Regulatory Findings 

The FAA determined that this 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed AD would not 

have a substantial direct 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. 

For the reasons discussed above, I 

certify this proposed regulation: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Would not affect intrastate 

aviation in Alaska, and 

(3) Would not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

Rolls-Royce Deutschland Ltd & Co KG: 

Docket No. FAA–2024–2414; Project 

Identifier MCAI–2024–00530–E. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by December 13, 

2024. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Rolls-Royce 

Deutschland Ltd & Co KG Model Trent 1000– 

AE3, Trent 1000–CE3, Trent 1000–D3, Trent 

1000–G3, Trent 1000–H3, Trent 1000–J3, 

Trent 1000–K3, Trent 1000–L3, Trent 1000– 

M3, Trent 1000–N3, Trent 1000–P3, Trent 

1000–Q3, Trent 1000–R3, Trent 7000–72, and 

Trent 7000–72C engines. 

(d) Subject 

Joint Aircraft System Component (JASC) 

Code 7230, Turbine Engine Compressor 

Section. 

(e) Unsafe Condition 

This AD was prompted by reports of 

cracked intermediate pressure compressor 

(IPC) shaft assembly front air seals. The FAA 

is issuing this AD to prevent an IPC stage 1 

disk burst or failure of the IPC front seal. The 

unsafe condition, if not addressed, could 

result in an IPC stage 1 disk burst with 

consequent release of high energy debris and 

damage to the airplane or failure of the IPC 

front seal and release of debris, which could 

lead to an engine in-flight shutdown (IFSD) 

and in the case of a dual IFSD could result 

in reduced control of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Required Actions 

Except as specified in paragraphs (h), (i), 

and (j) of this AD: Perform all required 

actions within the compliance times 

specified in, and in accordance with, 

European Union Aviation Safety Agency AD 

2024–0178, dated September 12, 2024 (EASA 

AD 2024–0178). 

(h) Exceptions to EASA AD 2024–0178 

(1) Where EASA AD 2024–0178 refers to its 

effective date, this AD requires using the 

effective date of this AD. 

(2) Where the service information 

referenced in EASA AD 2024–0178 specifies 

to reject the engine, this AD requires 

removing the affected part from service. 

(3) This AD does not adopt the Remarks 

paragraph of EASA AD 2024–0178. 

(i) No Reporting Requirement 

Although the service information 

referenced in EASA AD 2024–0178 specifies 

to submit certain information to the 

manufacturer, this AD does not include that 

requirement. 

(j) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, AIR–520 Continued 

Operational Safety Branch, FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or local Flight Standards District Office, as 

appropriate. If sending information directly 

to the Manager, AIR–520 Continued 

Operational Safety Branch, send it to the 

attention of the person identified in 

paragraph (k) of this AD and email to: 

AMOC@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(k) Additional Information 

For more information about this AD, 

contact Barbara Caufield, Aviation Safety 

Engineer, FAA, 2200 South 216th Street, Des 

Moines, WA 98198; phone: (781) 238–7146; 

email: barbara.caufield@faa.gov. 

(l) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the material listed in this paragraph 

under 5 U.S.C. 552(a) and 1 CFR part 51. 

(2) You must use this material as 

applicable to do the actions required by this 

AD, unless the AD specifies otherwise. 

(i) European Union Aviation Safety Agency 

(EASA) AD 2024–0178, dated September 12, 

2024. 

(ii) [Reserved] 

(3) For EASA material identified in this 

AD, contact EASA, Konrad-Adenauer-Ufer 3, 

50668 Cologne, Germany; phone: +49 221 

8999 000; email: ADs@easa.europa.eu; 

website: easa.europa.eu. You may find this 

EASA AD on the EASA website at 

ad.easa.europa.eu. 

(4) You may view this material at FAA, 

Airworthiness Products Section, Operational 

Safety Branch, 1200 District Avenue, 

Burlington, MA 01803. For information on 

the availability of this material at the FAA, 

call (817) 222–5110. 

(5) You may view this material at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

visit www.archives.gov/federal-register/cfr/ 

ibr-locations or email fr.inspection@nara.gov. 

Issued on October 22, 2024. 

Peter A. White, 

Deputy Director, Integrated Certificate 

Management Division, Aircraft Certification 

Service. 

[FR Doc. 2024–24964 Filed 10–28–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 310 

[Docket ID: DoD–2024–OS–0112] 

RIN 0790–AL45 

Privacy Act of 1974; Implementation 

AGENCY: Office of the Secretary, 

Department of Defense (DoD). 

ACTION: Proposed rule. 

SUMMARY: The Department of Defense 

(Department or DoD) is giving 

concurrent notice of a new system of 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 89, No. 209 / Tuesday, October 29, 2024 / Proposed Rules 85893 

records pursuant to the Privacy Act of 

1974 for the DoD–0024, ‘‘Catch a Serial 

Offender (CATCH) Program Records,’’ 

system of records and this proposed 

rulemaking. In this proposed 

rulemaking, the Department proposes to 

exempt portions of this system of 

records from certain provisions of the 

Privacy Act to avoid interference during 

the conduct of criminal, civil, or 

administrative actions or investigations; 

and to protect the identity of 

confidential sources incident involving 

adult sexual assault allegations. 

DATES: Send comments on or before 

December 30, 2024. 

ADDRESSES: You may submit comments, 

identified by docket number and title, 

by any of the following methods. 

* Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

* Mail: Department of Defense, Office 

of the Assistant to the Secretary of 

Defense for Privacy, Civil Liberties, and 

Transparency, Regulatory Directorate, 

4800 Mark Center Drive, Attn: Mailbox 

24, Suite 05F16, Alexandria, VA 22350– 

1700. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulation Identifier 

Number (RIN) for this Federal Register 

document. The general policy for 

comments and other submissions from 

members of the public is to make these 

submissions available for public 

viewing on the internet at https://

www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Rahwa Keleta, OSD.DPCLTD@mail.mil, 

(703) 256–1408. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In accordance with the Privacy Act of 

1974, the DoD is establishing a new 

system of records titled ‘‘Catch a Serial 

Offender (CATCH) Program Records,’’ 

DoD–0024. This system of records 

covers DoD’s maintenance of records 

used to collect and compare sexual 

assault reports for the purpose of 

identifying alleged serial sexual assault 

offenders. These records will consist of 

information voluntarily submitted into 

the CATCH system by eligible victims 

who elect to participate in the CATCH 

program and provide information about 

an alleged adult sexual assault incident, 

without identifying such victims, 

through established CATCH processes. 

II. Privacy Act Exemption 

The Privacy Act allows Federal 

agencies to exempt eligible records in a 

system of records from certain 

provisions of the Act, including those 

that provide individuals with a right to 

request access to and amendment of 

their own records. If an agency intends 

to exempt a particular system of records, 

it must first go through the rulemaking 

process to provide public notice and an 

opportunity to comment on the 

proposed exemption. This proposed 

rule explains why an exemption is being 

claimed for this system of records and 

invites public comment, which DoD 

will consider before the issuance of a 

final rule implementing the exemption. 

The DoD proposes to modify 32 CFR 

part 310 to add a new Privacy Act 

exemption rule for the DoD–0024, 

‘‘Catch a Serial Offender (CATCH) 

Program Records,’’ system of records. 

The DoD proposes to exempt this 

system of records because these records 

support the conduct of criminal law 

enforcement activities, and certain 

requirements of the Privacy Act may 

interfere with the effective execution of 

these activities. The Privacy Act, 

pursuant to 5 U.S.C. 552a(j)(2), 

authorizes agencies with a principal law 

enforcement function pertaining to the 

enforcement of criminal laws (including 

activities of prosecutors, courts, etc.) to 

claim an exemption for systems of 

records that contain information 

identifying criminal offenders and 

alleged offenders, information compiled 

for the purpose of criminal 

investigation, or reports compiled 

during criminal law enforcement 

proceedings. The DoD is proposing to 

claim exemptions from several 

provisions of the Privacy Act, including 

various access, amendment, disclosure 

accounting, and notice requirements, 

pursuant to 5 U.S.C. 552a(j)(2) to 

prevent the harms articulated in this 

rule from occurring. 

A notice of a new system of records 

for DoD–0024, ‘‘Catch a Serial Offender 

(CATCH) Program Records,’’ is 

published elsewhere in this issue of the 

Federal Register. 

Regulatory Analysis 

Executive Order 12866, ‘‘Regulatory 

Planning and Review,’’ as Amended by 

Executive Order 14094, ‘‘Modernizing 

Regulatory Review,’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

Executive Orders 12866 (as amended 

by Executive Order 14094) and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distribute impacts, and equity). 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. It has been determined that 

this rule is not a significant regulatory 

action. 

Section 202, Public Law 104–4, 

‘‘Unfunded Mandates Reform Act’’ 

Section 202(a) of the Unfunded 

Mandates Reform Act of 1995 (2 U.S.C. 

1532(a)) requires agencies to assess 

anticipated costs and benefits before 

issuing any rule whose mandates may 

result in the expenditure by State, local, 

and Tribal governments in the aggregate, 

or by the private sector, in any one year 

of $100 million in 1995 dollars, updated 

annually for inflation. This rule will not 

mandate any requirements for State, 

local, or Tribal governments, nor will it 

affect private sector costs. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. Chapter 6) 

The Assistant to the Secretary of 

Defense for Privacy, Civil Liberties, and 

Transparency has certified that this 

proposed rule is not subject to the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) because it would not, if 

promulgated, have a significant 

economic impact on a substantial 

number of small entities. This proposed 

rule is concerned only with the 

administration of Privacy Act systems of 

records within the DoD. Therefore, the 

Regulatory Flexibility Act, as amended, 

does not require DoD to prepare a 

regulatory flexibility analysis. 

Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

The Paperwork Reduction Act (44 

U.S.C. 3501 et seq.) was enacted to 

minimize the paperwork burden for 

individuals; small businesses; 

educational and nonprofit institutions; 

Federal contractors; State, local, and 

Tribal governments; and other persons 

resulting from the collection of 

information by or for the Federal 

Government. The Act requires agencies 

obtain approval from the Office of 

Management and Budget before using 

identical questions to collect 

information from ten or more persons. 

This proposed rule does not impose 

reporting or recordkeeping requirements 

on the public. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
85894 Federal Register / Vol. 89, No. 209 / Tuesday, October 29, 2024 / Proposed Rules 

Executive Order 13132, ‘‘Federalism’’ 

Executive Order 13132 establishes 

certain requirements that an agency 

must meet when it promulgates a 

proposed rule that has federalism 

implications, imposes substantial direct 

compliance costs on State and local 

governments, and is not required by 

statute, or has federalism implications 

and preempts state law. This proposed 

rule will not have a substantial effect on 

State and local governments. 

Executive Order 13175, ‘‘Consultation 

and Coordination With Indian Tribal 

Governments’’ 

Executive Order 13175 establishes 

certain requirements that an agency 

must meet when it promulgates a 

proposed rule (and subsequent final 

rule) that imposes substantial direct 

compliance costs on one or more Indian 

Tribes, preempts Tribal law, or affects 

the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes. This 

proposed rule will not have a 

substantial effect on Indian Tribal 

governments. 

List of Subjects in 32 CFR Part 310 

Privacy. 

Accordingly, 32 CFR part 310 is 

proposed to be amended as follows: 

PART 310—PROTECTION OF PRIVACY 

AND ACCESS TO AND AMENDMENT 

OF INDIVIDUAL RECORDS UNDER 

THE PRIVACY ACT OF 1974 

■ 1. The authority citation for 32 CFR 

part 310 continues to read as follows: 

Authority: 5 U.S.C. 552a. 

■ 2. Amend § 310.13 by adding 

paragraph (e)(15) to read as follows: 

§ 310.13 Exemptions for DoD-wide 

systems. 

* * * * * 

(e) * * * 

(15) System identifier and name. 

DoD–0024, ‘‘Catch a Serial Offender 

(CATCH) Program Records.’’ 

(i) Exemptions. This system of records 

is exempt from 5 U.S.C. 552a (c)(3) and 

(4); (d)(1), (2), (3), and (4); (e)(1); (e)(2); 

(e)(3); (e)(4)(G), (H), and (I); (e)(5); (e)(8); 

(f) and (g). 

(ii) Authority. 5 U.S.C. 552a (j)(2). 

(iii) Exemption from the particular 

subsections. Exemption from the 

particular subsections is justified 

pursuant to 5 U.S.C. 552a(j)(2) for the 

following reasons: 

(A) Subsection (c)(3), (d)(1), and 

(d)(2). Records in this system of records 

may contain investigatory material 

compiled for criminal law enforcement 

purposes to include information 

identifying criminal offenders and 

alleged offenders, information compiled 

for the purpose of criminal 

investigation, or reports compiled 

during criminal law enforcement 

proceedings. Application of exemption 

(j)(2) may be necessary as access to, 

amendment of, or release of the 

accounting of disclosures of such 

records could inform a record subject of 

an investigation of the existence, nature, 

or scope of an actual or potential law 

enforcement or disciplinary 

investigation, and thereby seriously 

impede law enforcement or 

prosecutorial efforts by permitting the 

record subject and other persons to 

whom he might disclose the records to 

avoid criminal penalties or disciplinary 

measures; access to, amendment of, or 

release of the accounting of disclosures 

could also reveal confidential sources 

who might not have otherwise come 

forward to assist in an investigation and 

thereby hinder DoD’s ability to obtain 

information from future confidential 

sources and result in an unwarranted 

invasion of the privacy of others. 

(B) Subsection (c)(4), (d)(3) and (4). 

These subsections are inapplicable to 

the extent that an exemption is being 

claimed from subsections (d)(1) and (2). 

(C) Subsection (e)(1). In the collection 

of information for investigatory or law 

enforcement purposes, it is not always 

possible to conclusively determine the 

relevance and necessity of particular 

information in the early stages of the 

investigation or adjudication. In some 

instances, it will be only after the 

collected information is evaluated in 

light of other information that its 

relevance and necessity for effective 

investigation and adjudication can be 

assessed. Collection of such information 

permits more informed decision-making 

by the Department when making 

required disciplinary and prosecutorial 

determinations. 

(D) Subsection (e)(2). To collect 

information from the subject individual 

could serve notice that he or she is the 

subject of a criminal investigation and 

thereby present a serious impediment to 

such investigations. Collection of 

information only from the individual 

accused of criminal activity or 

misconduct could also subvert 

discovery of relevant evidence and 

subvert the course of justice. 

Accordingly, application of exemption 

(j)(2) may be necessary. 

(E) Subsection (e)(3). To inform 

individuals as required by this 

subsection could reveal the existence of 

a criminal investigation and 

compromise investigative efforts. 

Accordingly, application of exemption 

(j)(2) may be necessary. 

(F) Subsection (e)(4)(G) and (H). 

These subsections are inapplicable to 

the extent exemption is claimed from 

subsections (d)(1) and (2). 

(G) Subsection (e)(4)(I). To the extent 

that this provision is construed to 

require more detailed disclosure about 

record sources than the broad, generic 

information currently published in the 

system notice, an exemption from this 

provision is necessary to protect the 

confidentiality of sources of information 

and to protect privacy and physical 

safety of witnesses and informants. 

Accordingly, application of exemption 

(j)(2) may be necessary. 

(H) Subsection (e)(5). It is often 

impossible to determine in advance if 

investigatory records contained in this 

system are accurate, relevant, timely 

and complete, but, in the interests of 

effective law enforcement, it is 

necessary to retain this information to 

maintain an accurate record of the 

investigatory activity to preserve the 

integrity of the investigation and satisfy 

various Constitutional and evidentiary 

requirements, such as mandatory 

disclosure of potentially exculpatory 

information in the investigative file to a 

defendant. It is also necessary to retain 

this information to aid in establishing 

patterns of activity and provide 

investigative leads. With the passage of 

time, seemingly irrelevant or untimely 

information may acquire new 

significance as further investigation 

brings new details to light and the 

accuracy of such information can only 

be determined through judicial 

processes. Accordingly, application of 

exemption (j)(2) may be necessary. 

(I) Subsection (e)(8). To serve notice 

could give persons sufficient warning to 

evade investigative efforts. Accordingly, 

application of exemption (j)(2) may be 

necessary. 

(J) Subsection (f). To the extent that 

portions of the system are exempt from 

the provisions of the Privacy Act 

concerning individual access and 

amendment of records, DoD is not 

required to establish rules concerning 

procedures and requirements relating to 

such provisions. Accordingly, 

application of exemptions (j)(2) may be 

necessary. 

(K) Subsection (g). This subsection is 

inapplicable to the extent that the 

system is exempt from other specific 

subsections of the Privacy Act to which 

the civil remedies provisions pertain. 

(iv) Exempt records from other 

systems. In the course of carrying out 

the overall purpose for this system, 

exempt records from other systems of 

records may in turn become part of the 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 89, No. 209 / Tuesday, October 29, 2024 / Proposed Rules 85895 

1The Secretary of Transportation is authorized to 

issue such waivers or suspensions and the Secretary 

has delegated that authority to FRA. 49 U.S.C. 

20103(d)(1) and 49 CFR 1.89(a). 

2 49 CFR 211.41(a). 

3 49 CFR part 211, subpart C (§§ 211.41 through 

211.45). 

4See 49 CFR 211.9. 

5https://railroads.dot.gov/elibrary/guidancesubmitting-requests-waivers-block-signalapplications-and-other-approval-requests; 88 FR 

1448 (Jan. 10, 2023). 

records maintained in this system. To 

the extent that copies of exempt records 

from those other systems of records are 

maintained in this system, the DoD 

claims the same exemptions for the 

records from those other systems that 

are entered into this system, as claimed 

for the prior system(s) of which they are 

a part, provided the reason for the 

exemption remains valid and necessary. 

Dated: October 23, 2024. 

Aaron T. Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2024–25035 Filed 10–28–24; 8:45 am] 

BILLING CODE 6001–FR–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 211 

[Docket No. FRA–2024–0033] 

RIN 2130–AC97 

Federal Railroad Administration’s 

Procedures for Waivers and SafetyRelated Proceedings 

AGENCY: Federal Railroad 

Administration (FRA), U.S. Department 

of Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This proposed rule would 

update FRA’s procedures for waivers 

and safety-related proceedings to define 

the two components of the statutory 

waiver and suspension standard, ‘‘in the 

public interest’’ and ‘‘consistent with 

railroad safety.’’ By defining these 

terms, FRA intends to clarify the 

standard the agency will apply when 

evaluating petitions for regulatory relief. 

FRA also proposes to require petitions 

for relief to include evidence of 

meaningful consultation with 

appropriate stakeholders. Additionally, 

FRA proposes to make minor updates to 

agency rules of practice. 

DATES: Written comments on this 

proposed rule must be received on or 

before December 30, 2024. Comments 

received after that date will be 

considered to the extent possible 

without incurring additional expense or 

delay. 

ADDRESSES: 

Comments: Comments related to 

Docket No. FRA–2024–0033 may be 

submitted by going to 

www.regulations.gov and following the 

online instructions for submitting 

comments. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Identification Number (RIN) for this 

rulemaking. All comments received will 

be posted without change to 

www.regulations.gov; this includes any 

personal information. Please see the 

Privacy Act heading in the 

SUPPLEMENTARY INFORMATION section of 

this document for Privacy Act 

information related to any submitted 

comments or materials. 

Docket: For access to the docket to 

read background documents or 

comments received, go to 

www.regulations.gov and follow the 

online instructions for accessing the 

docket. 

FOR FURTHER INFORMATION CONTACT: 

Veronica Chittim, Senior Attorney, 

Office of the Chief Counsel, at 

veronica.chittim@dot.gov, 202–480– 

3410; or Lucinda Henriksen, Senior 

Advisor, Office of Railroad Safety, at 

lucinda.henriksen@dot.gov, 202–657– 

2842. 

SUPPLEMENTARY INFORMATION: 

I. Background 

FRA has broad discretionary authority 

to waive or suspend the requirement to 

comply with any rule, regulation, or 

order upon a finding that doing so is ‘‘in 

the public interest and consistent with 

railroad safety.’’ 49 U.S.C. 20103(d).1

Within FRA, decisional authority for 

waivers rests with FRA’s Railroad Safety 

Board (Board).2 FRA’s Rules of Practice, 

49 CFR part 211, set forth the general 

requirements for petitions to the Board 

and the general outline of the Board’s 

processes.3 The burden of proving the 

request is justified rests with the 

petitioner.4

In January 2023, FRA published 

guidance pertaining to waiver 

procedures and process titled Guidance 

on Submitting Requests for Waivers, 

Block Signal Applications, and Other 

Approval Requests to FRA (Guidance).5

The Guidance outlined best practices for 

petitioners to use when developing and 

submitting waiver, suspension, and 

other approval requests, and best 

practices impacted stakeholders (e.g., 

the public, railroad employees, and 

labor organizations) may use to ensure 

their views, concerns, and comments 

are thoroughly considered throughout 

the process. This proposal would 

provide additional detail on portions of 

the guidance, and make certain 

recommendations therein mandatory, 

such as the recommended consultation 

prior to filing of a petition. 

In this rulemaking, FRA is proposing 

to update its procedures for waivers and 

safety-related proceedings in 49 CFR 

part 211 to clarify the standard to be 

applied by FRA when deciding whether 

to grant a request for regulatory relief. 

Specifically, FRA is proposing to define 

both the ‘‘in the public interest’’ and 

‘‘consistent with railroad safety’’ 

components of the statutory standard in 

49 U.S.C. 20103(d), for purposes of 

evaluating waiver or suspension 

requests. Additionally, FRA is 

proposing to require petitions for 

regulatory relief to include evidence of 

meaningful consultation with 

stakeholders. 

II. Section-by-Section Analysis 

Part 211 

§ 211.1 General 

FRA proposes to make minor editorial 

amendments to § 211.1(a) to remove 

outdated language regarding the Federal 

Railroad Safety Act (concerning 

proceedings initiated after 1976). 

Further, FRA proposes to replace the 

obsolete statutory citation (45 U.S.C. 

432) for emergency orders with the 

current citation, 49 U.S.C. 20104. FRA 

also proposes to clarify that a 

proceeding will be deemed to be 

initiated and the time period for its 

disposition will begin on the date a 

petition or application that complies 

with the requirements of this chapter is 

confirmed to be complete (not merely 

the date it is received) by FRA. 

FRA also proposes to make technical 

amendments to the definitions of 

‘‘Safety Act,’’ ‘‘Docket Clerk,’’ and 

‘‘Railroad Safety Board.’’ Specifically, in 

the definition of ‘‘Safety Act’’ in 

§ 211.1(b)(3), FRA proposes to update 

the citation (45 U.S.C. 421 et seq.) to 49 

U.S.C. ch. 201 et seq., as the existing 

citation is obsolete. FRA proposes to 

add a cross-reference in § 211.1(a) to the 

proposed updated definition of ‘‘Safety 

Act’’ in § 211.1(b)(3). In the definition of 

‘‘Docket Clerk’’ in § 211.1(b)(4), FRA 

proposes to (1) remove the reference to 

the ‘‘Office of Chief Counsel Docket 

Clerk,’’ as this position no longer exists 

at FRA, and (2) replace the physical 

address for the DOT Docket Clerk with 

the website www.regulations.gov. 

Within the definition of ‘‘Railroad 

Safety Board’’ in § 211.1(b)(5), FRA 

proposes to insert the word ‘‘Railroad’’ 


khammond on DSKJM1Z7X2PROD with PROPOSALS