FRA on July 22 published a Federal Register notice (download below) “formally withdrawing the direct final rule (DFR) titled Accident/Incident Investigation Policy for Gathering Information and Consulting with Stakeholders,” the ASLRRA reported in its Views & News email newsletter, dated July 23.
The ASLRRA said it filed joint comments “critical of the DFR” with the Association of American Railroads (download below). The groups identified “several areas where the FRA had failed to properly implement the Infrastructure Investment and Jobs Act (IIJA) mandate, including vague catch-all provisions for determining triggering events, the description of stakeholders for technical expertise, underestimation of cost of compliance, and insufficient outreach to Class I and short line railroads prior to issuing the DFR.”
FRA earlier this month also published guidance for railroad capital projects that it funds (download below). According to the ASLRRA, the document is meant to help project sponsors, partners, and others “develop effective and complete projects and manage projects in a way that meets set schedules and budgets.” Information included in the guidance, it noted, “defines the stages in the project lifecycle and describes what the FRA might require when providing this funding.”
“Sponsors are encouraged to use this document when developing their projects,” the Association reported. “The FRA notes it may use the guidance to inform grant application reviews and decisions, while some grant program notices of funding opportunity (NOFOs) might require sponsors to provide information in accordance with what is described in certain guidance sections.”
