Sec. 22411. TRANSPARENCY AND SAFETY

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## SEC. 22411 TRANSPARENCY AND SAFETY Section 20103(d) of title 49, United States Code, is amended to read as follows: > > ### “(d) Nonemergency Waivers > > > #### “(1) In general > > 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. > > > #### “(2) Notice required > > The Secretary shall— > > > ##### “(A) > > 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; > > > ##### “(B) > > make available the application for such waiver or suspension and any nonconfidential underlying data to interested parties; > > > ##### “(C) > > 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 > > > ##### “(D) > > publish on a publicly accessible website the reasons for granting each such waiver or suspension. > > > #### “(3) Information protection > > Nothing in this subsection may be construed to require the release of information protected by law from public disclosure. > > > #### “(4) Rulemaking > > > ##### “(A) In general > > 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— > > > ###### “(i) > > in the public interest; and > > > ###### “(ii) > > consistent with railroad safety. > > > ##### “(B) Factors > > In conducting the review and analysis under subparagraph (A), the Secretary shall consider— > > > ###### “(i) > > the relevant safety record under the waiver or suspension; > > > ###### “(ii) > > the likelihood that other entities would have similar safety outcomes; > > > ###### “(iii) > > the materials submitted in the applications, including any comments regarding such materials; and > > > ###### “(iv) > > related rulemaking activity. > > > ##### “(C) Notice and comment > > > ###### “(i) In general > > The Secretary shall publish the review and analysis required under this paragraph in the Federal Register, which shall include a summary of the data collected and all relevant underlying data, if the Secretary decides not to initiate a regulatory update under subparagraph (D). > > > ###### “(ii) Notice of proposed rulemaking > > The review and analysis under this paragraph shall be included as part of the notice of proposed rulemaking if the Secretary initiates a regulatory update under subparagraph (D). > > > ##### “(D) Regulatory update > > 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. > > > #### “(5) Rule of construction > > 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.” > .