Sec. 2411. Transparency and safety
409 words·~2 min read·
/bill/117/s/2016/rs/section-2411·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 20103(d) of title 49, United States Code, is amended to read as follows: The Secretary of Transportation may waive, or suspend the requirement to comply with, any part of a regulation prescribed or an order issued under this chapter if such waiver or suspension is in the public interest and consistent with railroad safety. The Secretary shall— provide timely public notice of any request for a waiver under this subsection or for a suspension under subpart E of part 211 of title 49, Code of Federal Regulations, or successor regulations; make available the application for such waiver or suspension and any nonconfidential underlying data to interested parties; provide the public with notice and a reasonable opportunity to comment on a proposed waiver or suspension under this subsection before making a final decision; and publish on a publicly accessible website the reasons for granting each such waiver or suspension.
Nothing in this subsection may be construed to require the release of information protected by law from public disclosure. Not later than 1 year after the first day on which a waiver under this subsection or a suspension under subpart E of part 211 of title 49, Code of Federal Regulations, or successor regulations, has been in continuous effect for a 6-year period, the Secretary shall complete a review and analysis of such waiver or suspension to determine whether issuing a rule that is consistent with the waiver is— in the public interest; and consistent with railroad safety.
In conducting the review and analysis under subparagraph (A), the Secretary shall consider— the relevant safety record under the waiver; the likelihood that other entities would have similar safety outcomes; the materials submitted in the applications, including any comments regarding such materials; and related rulemaking activity. The Secretary shall publish notice of the review and analysis of the waiver in the Federal Register, which shall include a summary of the data collected and all relevant underlying data, which may be included in a regulatory update under subparagraph (D).
The Secretary may initiate a rulemaking to incorporate relevant aspects of a waiver under this subsection or a suspension under subpart E of part 211 of title 49, Code of Federal Regulations, or successor regulations, into the relevant regulation, to the extent the Secretary considers appropriate. Nothing in this subsection may be construed to delay any waiver granted pursuant to this subsection that is in the public interest and consistent with railroad safety. .