,,ii #aaeth ,,congress #ast ,session ,s4 #adea ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bh1 #bjag ,mrs4 ,fischer introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to facilitate and promote innovative approaches to railroad safety1 and for other purposes4 #a4 ,short title2 table of contents2 references 7a7 ,short title ,this ,act may be cited as the ,railroad ,advancement of ,innovation and ,leadership with ,safety ,act or the ,,rails ,act4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents2 references4 ,sec4 #b4 ,definitions4 ,,title ,i--,process improvements ,sec4 #aaa4 ,data transparency and quality4 ,sec4 #aab4 ,performance-based regulations4 ,sec4 #aac4 ,public participation4 ,sec4 #aad4 ,innovative approaches to improve safety4 ,sec4 #aae4 ,guidance4 ,sec4 #aaf4 ,regulatory impact analyses4 ,sec4 #aag4 ,periodic review of ,federal ,railroad ,administration actions4 ,sec4 #aah4 ,framework for reviewing future regulations4 ,sec4 #aai4 ,application4 ,sec4 #abj4 ,effective dates4 ,,title ,,ii--,miscellaneous provisions ,subtitle ,a--,reorganization of subtitle ,v ,sec4 #baa4 ,rail improvement grants4 ,sec4 #bab4 ,project delivery4 ,subtitle ,b--,miscellaneous ,sec4 #bba4 ,rulemaking process4 ,sec4 #bbb4 ,training4 ,sec4 #bbc4 ,assessments4 ,sec4 #bbd4 ,miscellaneous authority4 ,sec4 #bbe4 ,applicability to ,states4 ,sec4 #bbf4 ,electronic communications and record keeping4 7c7 ,references to title #di1 ,united ,states ,code ,except as otherwise expressly provided1 wherever in this ,act an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of title #di1 ,united ,states ,code4 #b4 ,definitions 7a7 ,in general ,in this ,act3 7#a7 ,reportable ,the term reportable means required under part #bbe of title #di1 ,code of ,federal ,regulations1 or any successor regulation1 to be reported to the ,federal ,railroad ,administration4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7b7 ,amendments to chapter #bja ,section #bjajb is amended-- 7#a7 by redesignating paragraphs 7#b71 7#c71 and 7#d7 as paragraphs 7#c71 7#d71 and 7#e71 respectively2 7#b7 by inserting after paragraph 7#a7 the following3 7#b7 guidance document means an agency statement of general applicability and future effect1 other than a regulation1 that sets forth a policy on a statutory1 regulatory1 or technical issue or an interpretation of a statutory1 regulatory1 or technical issue4 2 and 7#c7 by adding at the end the following3 7#g7 significant rule means any final rule that the ,administrator of the ,office of ,information and ,regulatory ,affairs of the ,office of ,management and ,budget determines is likely to-- 7,a7 have an annual effect on the economy of #ajj1jjj1jjj or more or adversely affect in a material way the economy1 a sector of the economy1 productivity1 competition1 jobs1 the environment1 public health or safety1 or ,state1 local1 or tribal governments or communities2 7,b7 create a significant inconsistency or otherwise interfere with an action taken or planned by another ,federal agency2 7,c7 materially alter the budgetary impact of entitlements1 grants1 user fees1 or loan programs or the rights and obligations of recipients thereof2 or 7,d7 raise novel legal or policy issues4 7#h7 supporting information includes data1 studies1 formulas1 models1 and scientific1 technical1 and economic findings4 4 ,i ,process improvements #aaa4 ,data transparency and quality 7a7 ,in general ,subchapter ,i of chapter #bja is amended by adding at the end the following3 #bjabb4 ,data transparency and quality 7a7 ,data transparency 7#a7 ,open government ,not later than the date on which any proposed rule is published under this subtitle1 the ,secretary of ,transportation shall place1 in the appropriate docket1 all supporting information used by the ,department of ,transportation in relation to such proposed rule and any associated analyses4 7#b7 ,accessibility ,the supporting information and analyses described in paragraph 7#a7 shall be published on a public website and accessible electronically4 7#c7 ,rule of construction ,nothing in this subsection may be construed to require the release of security-sensitive information or confidential business information4 7b7 ,data quality 7#a7 ,minimum standard ,the ,secretary shall base each determination whether to propose or adopt a rule under this subtitle on the best reasonably obtainable supporting information1 and any associated analysis1 concerning-- 7,a7 the need to be addressed2 7,b7 how the rule addresses the need2 and 7,c7 the effects1 including the benefits and costs1 of the rule4 7#b7 ,sound science ,to the maximum extent practicable1 the best reasonably obtainable supporting information shall include-- 7,a7 up-to-date and relevant data2 7,b7 appropriately validated models and formulas2 7,c7 independent1 peer-reviewed-- 7i7 studies1 including1 where appropriate1 statistically significant findings2 and 7ii7 scientific1 technical1 and economic findings1 including1 where appropriate1 statistically significant findings2 and 7,d7 evidence that accurately and completely reflects the need for or effects of the rule1 as applicable4 7#c7 ,rule of construction ,nothing in this subsection may be construed to authorize the ,secretary to propose or adopt a regulation based on less stringent information standards than required under other law4 4 7b7 ,table of contents ,the table of contents for chapter #bja is amended by inserting after the item relating to section #bjaba the following3 #bjabb4 ,data transparency and quality4 4 #aab4 ,performance-based regulations 7a7 ,in general ,subchapter ,i of chapter #bja1 as amended by section #aaa1 is further amended by adding at the end the following3 #bjabc4 ,performance-based regulations 7a7 ,in general ,before proposing or adopting a rule under this subtitle1 the ,secretary of ,transportation shall consider an approach to the rule that specifies performance objectives rather than identifies or requires the specific manner of compliance that a regulated entity must adopt4 7b7 ,explanation ,if the ,secretary selects a prescriptive or nonperformance-based approach to the rule1 the ,secretary shall include-- 7#a7 in the summary section of the preamble a statement that the selected approach is prescriptive or nonperformance-based2 and 7#b7 a justification1 with supporting information1 for the prescriptive or nonperformance-based approach1 as applicable4 4 7b7 ,table of contents ,the table of contents for chapter #bja is amended by inserting after the item relating to section #bjabb the following3 #bjabc4 ,performance-based regulations4 4 #aac4 ,public participation 7a7 ,in general ,subchapter ,i of chapter #bja1 as amended by section #aab1 is further amended by adding at the end the following3 #bjabd4 ,public participation 7a7 ,in general ,except as provided in subsection 7b71 the ,secretary of ,transportation1 before issuing a proposed rule under this part1 shall publish an advance notice of proposed rulemaking in accordance with subsection 7c74 7b7 ,exceptions ,this section shall not apply if-- 7#a7 the proposed rule is not likely to result in a significant rule2 or 7#b7 the ,secretary-- 7,a7 upon inspection1 investigation1 testing1 or research1 determines that a violation of a provision of this part1 including a regulation prescribed under this part1 or an unsafe condition or practice constitutes or is causing an imminent hazard of death or injury to individuals2 7,b7 determines that the proposed rule has the consensus1 in accordance with the established rules governing the ,rail ,safety ,advisory ,committee1 of the ,rail ,safety ,advisory ,committee2 7,c7 determines the use of a negotiated rulemaking is in the public interest and conducts a negotiated rulemaking under subchapter ,,iii of chapter #e of title #e to negotiate and develop the proposed rule2 7,d7 determines it is necessary to waive this section in order to implement section #bjaeg2 7,e7 is incorporating the terms of a regulatory improvement waiver under section #bjabe7;h72 or 7,f7 7i7 is not required by law to publish a notice of proposed rulemaking before issuing a final rule2 and 7ii7 does not voluntarily publish such notice of proposed rulemaking4 7c7 ,advance notice of proposed rulemaking 7#a7 ,in general ,an advance notice of proposed rulemaking published under subsection 7a7 shall-- 7,a7 describe the need to be addressed1 including-- 7i7 the supporting information demonstrating the need2 7ii7 the failures of private markets that warrant new agency action1 if applicable2 and 7iii7 whether existing law1 including regulations1 has created or contributed to the need2 7,b7 identify the legal authority under which the rule may be proposed1 including-- 7i7 whether a rulemaking is specifically directed by statute2 and 7ii7 each statutory deadline for regulatory action1 if applicable2 7,c7 describe1 in general terms1 any available regulatory alternatives1 including-- 7i7 if rulemaking is not specifically directed by statute1 the alternative of not regulating2 7ii7 any alternatives that specify performance objectives rather than identify or require the specific manner of compliance that regulated entities must adopt2 7iii7 any alternatives that involve the deployment of innovative technology or practices2 and 7iv7 any alternatives that involve different requirements for different types or sizes of businesses1 if applicable2 7,d7 describe how the proposed rule addresses the need described in subparagraph 7,a72 7,e7 identify at least one achievable objective for the proposed rule1 and the metrics by which the ,secretary expects to measure progress toward that objective2 and 7,f7 solicit public comment1 for at least #fj days1 on the advance notice of proposed rulemaking1 including specific solicitation for comment on-- 7i7 any supporting information that informs the need for or effects of the available regulatory alternatives2 7ii7 whether any law identified in subparagraph 7,a77iii7 should be modified to achieve the intended goal of the proposed rule more effectively or efficiently2 7iii7 any available alternatives that specify performance objectives rather than identify or require the specific manner of compliance that regulated entities must adopt2 7iv7 any available alternatives that involve the deployment of innovative technology or practices2 7v7 any alternatives that involve different requirements for different types or sizes of businesses1 if applicable2 and 7vi7 any available alternatives to direct regulation1 including providing economic incentives to encourage the desired behavior or providing information upon which choices can be made by the public4 7#b7 ,regulatory determination ,after considering the information described in paragraph 7#a71 including comments under paragraph 7#a77;,f71 and except where otherwise required by statute1 the ,secretary may issue a notice of proposed rulemaking only upon a reasoned determination that-- 7,a7 a need exists2 7,b7 the proposed rule addresses that need2 and 7,c7 the benefits of the proposed rule justify its costs4 7d7 ,rules of construction ,nothing in this section may be construed to limit-- 7#a7 any requirement under other law to analyze the impacts of a proposed rule2 or 7#b7 the use of an advance notice of proposed rulemaking in any regulatory action that is not likely to result in a significant rule4 4 7b7 ,table of contents ,the table of contents for chapter #bja1 as amended by section #aab1 is further amended by inserting after the item relating to section #bjabc the following3 #bjabd4 ,public participation4 4 #aad4 ,innovative approaches to improve safety 7a7 ,in general ,subchapter ,i of chapter #bja1 as amended by section #aac1 is further amended by adding at the end the following3 #bjabe4 ,innovative approaches to improve safety 7a7 ,purposes ,the purposes of this section are-- 7#a7 to establish a regulatory improvement waiver to facilitate innovative approaches to safety2 and 7#b7 to expedite consideration of regulatory changes based on the results of the waiver4 7b7 ,regulatory improvement waivers ,notwithstanding any other provision of this subtitle1 except subsection 7i7 and section #bjacj1 the ,secretary of ,transportation may waive compliance with any part of a regulation prescribed or order issued under this subtitle if the waiver-- 7#a7 is in the public interest2 7#b7 requires the recipient to adopt an alternative technology1 practice1 or system that could achieve a level of safety that is equivalent to1 or greater than1 the level of safety that would be obtained in the absence of the waiver2 and 7#c7 includes an evaluation framework described in subsection 7c7 that has been approved by the ,secretary4 7c7 ,evaluation framework ,an evaluation framework described in this subsection shall include-- 7#a7 a clear statement of the objective of the waiver2 7#b7 a plan for assessing the effects of the waiver1 including metrics to best gauge the effects on safety2 and 7#c7 a plan for gathering the data generated by the assessment described in paragraph 7#b74 7d7 ,petitions 7#a7 ,in general ,not later than #fj days after the date on which the ,secretary receives a petition for approval of a waiver under this section1 the ,secretary shall notify the petitioner in writing whether the petition-- 7,a7 is complete or incomplete1 including1 if incomplete1 each reason the petition is incomplete2 and 7,b7 is unusually complex or not unusually complex4 7#b7 ,corrections ,the ,secretary shall provide each petitioner with a reasonable opportunity-- 7,a7 7i7 to address each reason that the petition is incomplete2 or 7ii7 to explain why the petition is not unusually complex2 and 7,b7 to resubmit the petition4 7e7 ,approval or denial of petitions 7#a7 ,in general ,not later than #ahj days after the date on which a petition is complete under subsection 7d77#a7 7or #bgj days after such date for an unusually complex petition71 the ,secretary shall notify the petitioner in writing that the petition was approved or denied1 including1 if denied-- 7,a7 a justification for the denial2 and 7,b7 a description of each deficiency1 including1 if applicable1 any deficiency in the proposed evaluation framework4 7#b7 ,deficiencies ,the ,secretary shall provide each petitioner with a reasonable opportunity-- 7,a7 to correct each deficiency identified under paragraph 7#a77;,b72 and 7,b7 to resubmit a corrected petition for reconsideration4 7#c7 ,approval period 7,a7 ,deadline ,if the ,secretary does not notify the petitioner in writing before the applicable deadline under paragraph 7#a71 the ,secretary shall submit to ,congress1 until the date of such notification1 a monthly report on the status of the petition1 including-- 7i7 the reason the deadline was not met2 7ii7 a staffing plan to prioritize and expedite a decision on the petition2 and 7iii7 an estimate of when the ,secretary will notify the petitioner4 7,b7 ,period ,a waiver under this section may be issued for a period of not more than #e years4 7,c7 ,renewal ,a waiver shall be renewed for the same period as the initial waiver unless the ,secretary-- 7i7 7,i7 determines that the alternative technology1 practice1 or system does not achieve a level of safety that is equivalent to1 or greater than1 the level of safety that would be obtained in the absence of the waiver2 and 7,,ii7 not later than #ij days before the expiration of the initial waiver1 notifies the recipient of the waiver1 in writing1 that the waiver will not be renewed2 7ii7 incorporates the relevant terms of the waiver as an alternative compliance approach under subsection 7h72 or 7iii7 revokes the waiver for noncompliance with the terms of the waiver4 7,d7 ,evaluation framework results ,the ,secretary may request the results of the evaluation framework under subsection 7c7 and such other information related to the waiver as the ,secretary considers necessary to make a determination under subparagraph 7,c77i74 7f7 ,public participation ,subject to subsection 7e71 the ,secretary shall maintain similar opportunities and procedures for public notice1 hearing1 and comment as under the standard waiver procedure authorized under section #bjajc4 7g7 ,public availability 7#a7 ,list ,the ,secretary shall maintain1 on a public website1 a list of each complete petition for a waiver under this section1 including-- 7,a7 the date on which a petition is complete under subsection 7d77#a72 7,b7 a link to the complete petition2 7,c7 whether the petition was approved or denied2 7,d7 the date of such approval or denial2 7,e7 if the petition was denied1 a link to the justification for the denial and the description of each deficiency2 and 7,f7 if the petition was approved1 a link to the approved waiver1 including the evaluation framework4 7#b7 ,updates ,the list described in paragraph 7#a7 shall be updated-- 7,a7 not later than #aj days after the date on which a petition is complete under subsection 7d77#a72 and 7,b7 not later than #aj days after the date on which the ,secretary notifies a petitioner that a petition was approved or denied under subsection 7e77#a74 7h7 ,incorporation into regulation 7#a7 ,in general ,upon written request by a recipient of a waiver1 the ,secretary shall revise the applicable regulation to incorporate the relevant terms of the waiver as an alternative compliance approach1 to the maximum extent practicable1 if-- 7,a7 the waiver has been in effect for not less than #a year1 including any renewal of such waiver2 and 7,b7 using the evaluation framework under subsection 7c7 to assess the effects of the waiver1 including the metrics to best gauge the effects on safety1 there is sufficient data and other information to support that the alternative technology1 practice1 or system under the waiver achieves a level of safety that is equivalent to or greater than the level of safety under the applicable regulation4 7#b7 ,alternative compliance approaches ,as part of the revised regulation described in paragraph 7#a71 the ,secretary may allow a person1 at the person's discretion1 to comply with-- 7,a7 the regulation as in effect on the day before the date of the revision under paragraph 7#a72 or 7,b7 the alternative compliance approach demonstrated by the waiver4 7#c7 ,timing 7,a7 ,notifications ,not later than #fj days after receiving a request under paragraph 7#a71 the ,secretary shall provide written notification to the petitioner that describes whether the relevant terms of the waiver will be incorporated into regulation as an alternative compliance approach4 7,b7 ,notice of proposed rulemaking ,if the relevant terms of the waiver will be incorporated into regulation as an alternative compliance approach1 not later than #bgj days after the date of the written notification under subparagraph 7,a71 the ,secretary shall issue a notice of proposed rulemaking that incorporates the waiver with the least burdensome terms necessary to ensure flexibility among various operations while meeting the regulatory safety objective4 7,c7 ,final rule ,not later than #b years after the date the notice of proposed rulemaking is issued under subparagraph 7,b71 the ,secretary shall issue the final rule under this subsection4 7i7 ,nonapplicability ,this section does not apply to any petition that1 if approved1 would result in a reduction in the number of route miles that are required under section #bjaeg to have operations governed by a positive train control system4 7j7 ,rules of construction 7#a7 ,in general ,nothing in this section may be construed-- 7,a7 to limit the authority of the ,secretary-- 7i7 to grant a waiver under other law1 including the authority to grant any waiver that is not a regulatory improvement waiver2 or 7ii7 to promulgate1 rescind1 or revise such regulations as are necessary to carry out the functions of the ,secretary under this subtitle2 7,b7 to prohibit a person from requesting a waiver under other law1 including any waiver that is not a regulatory improvement waiver2 or 7,c7 to require the release of security-sensitive1 proprietary1 or confidential business information4 7#b7 ,net benefits ,nothing in this section may be construed to limit the authority of the ,secretary to rescind or revise such regulations under this subtitle based on the results of the evaluation framework under subsection 7c71 or other supporting information derived from the waiver1 demonstrating that the benefits of rescinding or revising such regulations would justify the costs4 4 7b7 ,table of contents ,the table of contents for chapter #bja1 as amended by section #aac1 is further amended by inserting after the item relating to section #bjabd the following3 #bjabe4 ,innovative approaches to improve safety4 4 #aae4 ,guidance 7a7 ,in general ,subchapter ,i of chapter #bja1 as amended by section #aad1 is further amended by adding at the end the following3 #bjabf4 ,guidance 7a7 ,in general ,the ,secretary of ,transportation may not issue a guidance document under this subtitle-- 7#a7 to establish a standard1 right1 or obligation that is new or inconsistent with a regulation addressing the same or a directly related issue2 7#b7 as legal grounds for agency action2 or 7#c7 that will1 as a practicable matter1 operate with the force of law or have any other coercive effect4 7b7 ,public participation 7#a7 ,requests ,the ,secretary shall provide an opportunity for an interested person to submit a request for a guidance document-- 7,a7 to be issued1 revised1 or rescinded2 7,b7 incorporated into regulation2 and 7,c7 if applicable1 to be added to the list maintained under subsection 7d74 7#b7 ,responses ,not later than #ij days after receiving a request under paragraph 7#a71 the ,secretary shall provide a written response to the interested person that includes-- 7,a7 whether the ,secretary plans for a guidance document to be issued1 revised1 rescinded1 incorporated into regulation1 or added to the list under subsection 7d72 and 7,b7 a justification for such planned action or inaction4 7c7 ,legal statement ,each guidance document issued under this subtitle shall include a statement1 in a plain1 prominent1 and permanent manner1 that it is not legally binding4 7d7 ,list of guidance documents 7#a7 ,in general ,the ,secretary shall establish and maintain1 on a public website1 a list of all guidance documents issued under this subtitle that are in effect4 7#b7 ,contents ,the ,secretary shall include1 for each guidance document on the list-- 7,a7 a document identification number2 7,b7 the title2 7,c7 the date of issuance2 7,d7 the date it was last revised1 if applicable2 7,e7 a brief summary2 7,f7 a link to the guidance document2 7,g7 a note if it is a revision or replacement to a previously issued guidance document and1 if so1 identify the document that it revises or replaces and the date of its original issuance2 7,h7 the citation to the statutory provision or regulation 7in ,code of ,federal ,regulations format7 which it applies to or interprets2 7,i7 the name and contact information for an official who can respond to relevant questions2 and 7,j7 a description of the person or group of persons to whom the guidance document applies4 7#c7 ,updates ,the ,secretary shall update the list whenever a guidance document is issued1 revised1 or rescinded1 not later than #aj days after such date of issuance1 revision1 or rescission1 as applicable4 7e7 ,publication ,the ,secretary shall-- 7#a7 not later than ,december #ca1 #bjah1 publicize on the ,department of ,transportation website the procedure for making a request under subsection 7b77#a72 and 7#b7 not later than ,december #ca1 #bjah1 make the list under subsection 7d7 publicly available and accessible on the ,department of ,transportation website4 7f7 ,rules of construction ,nothing in this section may be construed-- 7#a7 to require the release of security-sensitive1 proprietary1 or confidential business information2 or 7#b7 to affect any request for the issuance1 revision1 revocation1 or incorporation into regulation of any guidance under this subtitle made before ,december #ca1 #bjah4 4 7b7 ,table of contents ,the table of contents for chapter #bja1 as amended by section #aad1 is further amended by inserting after the item relating to section #bjabe the following3 #bjabf4 ,guidance4 4 #aaf4 ,regulatory impact analyses 7a7 ,in general ,subchapter ,i of chapter #bja1 as amended by section #aae1 is further amended by adding at the end the following3 #bjabg4 ,regulatory impact analyses 7a7 ,in general ,before issuing any proposed rule or final rule under this subtitle1 the ,secretary of ,transportation shall conduct a regulatory impact analysis to evaluate the proposed rule or final rule1 as applicable4 7b7 ,regulatory impact analyses ,an analysis under subsection 7a7 shall-- 7#a7 be based upon the best reasonably obtainable supporting information1 consistent with section #bjabb2 7#b7 describe the need to be addressed and how the rule addresses that need2 7#c7 analyze effects1 including the benefits and costs1 of the rule2 7#d7 to the maximum extent practicable1 consider the cumulative regulatory burden on the regulated entity under subsection 7d72 7#e7 consider the effects on different types and sizes of businesses1 if applicable2 7#f7 for a proposed rule that is likely to lead to a significant rule1 or a final rule that is a significant rule-- 7,a7 describe the need to be addressed1 including-- 7i7 the supporting information demonstrating the need2 7ii7 the failures of private markets that warrant new agency action1 if applicable2 and 7iii7 whether existing law1 including regulations1 has created or contributed to the need2 7,b7 define the baseline for the analysis2 7,c7 set the timeframe of the analysis2 7,d7 analyze any available regulatory alternatives1 including-- 7i7 if rulemaking is not specifically directed by statute1 the alternative of not regulating2 7ii7 any alternatives that specify performance objectives rather than identify or require the specific manner of compliance that regulated entities must adopt2 7iii7 any alternatives that involve the deployment of innovative technology or practices2 and 7iv7 any alternatives that involve different requirements for different types or sizes of businesses1 if applicable2 7,e7 identify the effects of the available regulatory alternatives described in subparagraph 7,d72 7,f7 to the maximum extent practicable1 quantify and monetize the benefits and costs of the selected regulatory alternative and the available alternatives under consideration2 7,g7 discount future benefits and costs quantified and monetized under subparagraph 7,f72 7,h7 to the maximum extent practicable1 evaluate non-quantified and non-monetized benefits and costs of the selected regulatory alternative and the available alternatives under consideration2 and 7,i7 characterize any uncertainty in benefits1 costs1 and net benefits4 7c7 ,less burdensome alternatives ,if after conducting an analysis under subsection 7a7 for a proposed rule that is likely to lead to a significant rule1 or a final rule that is a significant rule1 the ,secretary selects a regulatory approach that is not the least burdensome compared to an available regulatory alternative1 the ,secretary shall include-- 7#a7 in the summary section of the preamble a statement that the selected approach is more burdensome than an available regulatory alternative2 and 7#b7 a justification1 with supporting information1 for the selected approach4 7d7 ,cumulative regulatory burden ,in considering the cumulative regulatory burden under subsection 7b77#d71 the ,secretary shall-- 7#a7 identify other regulations that attempt to achieve similar regulatory objectives2 7#b7 evaluate whether the rule is inconsistent1 incompatible1 or duplicative with other regulations issued by the ,secretary2 and 7#c7 consider whether the estimated benefits and costs of the rule increase or decrease as a result of other regulations1 issued by the ,secretary1 that are not yet fully implemented1 compared to the benefits and costs of the rule in the absence of such regulations4 7e7 ,certification ,before the ,secretary issues a proposed rule or a final rule under this subtitle1 the head of the ,office of ,regulation in the ,office of ,general ,counsel1 in consultation with the ,office of the ,chief ,economist 7or successor offices71 shall-- 7#a7 certify compliance with subsections 7b71 7c71 and 7d72 and 7#b7 include the certification in the docket of the rule4 7f7 ,regulatory determination ,except where otherwise required by statute1 the ,secretary may issue a proposed rule or final rule only upon a reasoned determination that the benefits of the rule justify its costs4 7g7 ,publication ,not later than the date that the proposed rule or final rule1 as applicable1 is published1 the ,secretary shall make publicly available the regulatory impact analysis for that regulation4 7h7 ,rule of construction ,nothing in this section may be construed to affect the requirements under chapter #f of title #e4 4 7b7 ,table of contents ,the table of contents for chapter #bja1 as amended by section #aae1 is further amended by inserting after the item relating to section #bjabf the following3 #bjabg4 ,regulatory impact analyses4 4 #aag4 ,periodic review of ,federal ,railroad ,administration actions 7a7 ,in general ,subchapter ,i of chapter #bja1 as amended by section #aaf1 is further amended by adding at the end the following3 #bjabh4 ,periodic comprehensive review of agency actions 7a7 ,in general ,except as provided under subsection 7f71 not later than ,june #a1 #bjai1 and at least every #e years thereafter1 the ,secretary of ,transportation shall complete1 based on the public recommendations under subsection 7b71 a comprehensive review of the regulations1 orders1 and guidance documents issued under this subtitle4 7b7 ,public comments 7#a7 ,in general ,before conducting a review under subsection 7a71 the ,secretary shall publish in the ,federal ,register a request for public comment on recommendations for regulations1 orders1 or guidance documents to be revised or repealed4 7#b7 ,recommendations ,a request for public comment under paragraph 7#a7 shall solicit-- 7,a7 recommendations for regulations1 orders1 or guidance documents to be revised or repealed1 including a reference to the applicable citation 7in ,code of ,federal ,regulations format72 7,b7 justifications1 including any supporting information1 for revising or repealing a regulation1 order1 or guidance document identified under subparagraph 7,a72 and 7,c7 if applicable1 specific suggestions for improving a regulation1 order1 or guidance document identified under subparagraph 7,a74 7#c7 ,public comment period ,the ,secretary shall provide #ij days for public comment under this subsection4 7c7 ,contents ,a review under subsection 7a7 shall include for each regulation1 order1 or guidance document recommended for revision or repeal under subsection 7b77#b77;,a7-- 7#a7 consideration of each justification under subsection 7b77#b77;,b7 and1 if applicable1 each suggestion under subsection 7b77#b77;,c72 7#b7 an assessment of whether the regulation1 order1 or guidance document is-- 7,a7 outmoded or outdated in light of changed circumstances1 including the availability of new technologies2 7,b7 excessively burdensome due to1 among other things-- 7i7 disproportionate costs on small businesses2 or 7ii7 costs that exceed benefits2 7,c7 ineffective or insufficient for achieving its objective2 7,d7 unclear2 7,e7 inconsistent with other law2 or 7,f7 not uniformly or inconsistently enforced2 7#c7 to the extent feasible1 a comparison of the actual regulatory cost or burden of the regulation1 order1 or guidance document to the cost or burden estimated in the analysis of-- 7,a7 the regulation during the rulemaking process2 7,b7 the order2 or 7,c7 the guidance document2 7#d7 a determination1 based on the information compiled under paragraphs 7#a7 through 7#c71 whether it is appropriate to revise or repeal the regulation1 order1 or guidance document2 and 7#e7 a justification for each determination under paragraph 7#d74 7d7 ,regulatory actions ,not later than #a year after the date of completion of the review under subsection 7a71 the ,secretary shall-- 7#a7 initiate a rulemaking to revise or repeal1 as applicable1 each regulation that the ,secretary determines under subsection 7c77#d7 is necessary to revise or repeal2 7#b7 take action to revise or repeal1 as applicable1 each order the ,secretary determines under subsection 7c77#d7 is necessary to revise or repeal2 and 7#c7 take action to revise or repeal1 as applicable1 each guidance document the ,secretary determines under subsection 7c77#d7 is necessary to revise or repeal4 7e7 ,reports ,not later than #ahj days after the completion of a review under subsection 7a71 the ,secretary shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that includes-- 7#a7 the findings of the review under subsection 7a7 and any review conducted under section #bjabi7;c72 7#b7 a list of each determination for the repeal or revision of a regulation1 order1 or guidance document under subsection 7c77#d71 including the justification for the determination under subsection 7c77#e72 and 7#c7 the status and timeline of each action under subsection 7d74 7f7 ,exception ,the review under subsection 7a7 shall not apply to any regulation that has a framework described under section #bjabi4 4 7b7 ,table of contents ,the table of contents for chapter #bja1 as amended by section #aaf1 is further amended by inserting after the item relating to section #bjabg the following3 #bjabh4 ,periodic comprehensive review of agency actions4 4 #aah4 ,framework for reviewing future regulations 7a7 ,in general ,subchapter ,i of chapter #bja1 as amended by section #aag1 is further amended by adding at the end the following3 #bjabi4 ,framework for reviewing future regulations 7a7 ,in general ,the ,secretary shall include1 in each significant rule prescribed under this subtitle on or after ,december #ca1 #bjag1 a framework for assessing the effects of the rule4 7b7 ,requirements ,the framework for assessing the effects of a rule required under subsection 7a7 shall include-- 7#a7 a clear statement of the objectives of the rule1 including the need to be addressed and how the rule addresses that need2 7#b7 a plan for assessing the effects of the rule1 including-- 7,a7 metrics to best gauge the effects on safety2 and 7,b7 costs associated with the rule2 and 7#c7 a plan for gathering the data generated by the assessment required under paragraph 7#b74 7c7 ,review ,using the framework described in subsection 7a71 the ,secretary shall conduct a review of the rule1 in a manner that is substantially similar to the review described in section #bjabh1 not later than #e years after the effective date of the regulation and every #e years thereafter4 4 7b7 ,table of contents ,the table of contents for chapter #bja1 as amended by section #aag1 is further amended by inserting after the item relating to section #bjabh the following3 #bjabi4 ,framework for reviewing future regulations4 4 #aai4 ,application 7a7 ,in general ,subchapter ,i of chapter #bja1 as amended by section #aah1 is further amended by adding at the end the following3 #bjacj4 ,nonapplicability ,sections #bjabb through #bjabg and section #bjabi shall not apply to sections #bjajd and #bjaji7;j74 4 7b7 ,table of contents ,the table of contents for chapter #bja1 as amended by section #aah1 is further amended by inserting after the item relating to section #bjabi the following3 #bjacj4 ,nonapplicability4 4 7c7 ,in general ,chapter #ea is amended by inserting after section #eaaj the following3 #eaaa4 ,regulatory process improvement 7a7 ,in general ,except as provided in subsection 7b71 sections #bjabb1 #bjabc1 #bjabd1 #bjabg1 and #bjabi shall apply to a proposed rule and1 if applicable1 a final rule issued under this chapter if a primary purpose or material outcome of the rule is to affect the safe or secure transportation by railroad of hazardous material in intrastate1 interstate1 and foreign commerce4 7b7 ,special permits ,nothing in section #bjabb1 #bjabd1 #bjabg1 or #bjabi shall be construed to apply to any action taken pursuant to section #eaag4 4 7d7 ,table of contents ,the table of contents for chapter #ea is amended by inserting after the item relating to section #eaaj the following3 #eaaa4 ,regulatory process improvement4 4 #abj4 ,effective dates 7a7 ,in general ,the amendments made by sections #aaa1 #aab1 #aae1 and #aaf shall apply with respect to proposed rules1 final rules1 and guidance documents issued on or after the date that is #cj days after the date of the enactment of this ,act4 7b7 ,section #aac ,the amendment made by section #aac shall apply with respect to proposed rules issued on or after the date that is #ah months after the date of enactment of this ,act4 7c7 ,section #aad ,the amendment made by section #aad shall take effect on the date that is #cj days after the date of enactment of this ,act4 ,,ii ,miscellaneous provisions ,a ,reorganization of subtitle ,v #baa4 ,rail improvement grants 7a7 ,redesignation ,subtitle ,v is amended-- 7#a7 by redesignating sections #bddja through #bddjh as sections #bbija through #bbijh1 respectively2 7#b7 by redesignating chapter #bdd as chapter #bbi2 7#c7 by moving chapter #bbi1 as redesignated1 to appear at the end of part ,b2 7#d7 in the table of chapters-- 7,a7 by striking the item relating to chapter #bdd2 and 7,b7 by inserting after the item relating to chapter #bbg the following3 ,chapter #bbi4 ,rail ,improvement ,grants#bbija 2 and 7#e7 by amending the table of sections for chapter #bbi1 as redesignated1 to read as follows3 #bbi ,rail improvement grants ,sec4#bbija4 ,definitions4#bbijb4 ,capital investment grants to support intercity passenger rail services4#bbijc4 ,project management oversight4#bbijd4 ,use of capital grants to finance first-dollar liability of grant project4#bbije4 ,grant conditions4#bbijf4 ,authorization of appropriations4#bbijg4 ,consolidated rail infrastructure and safety improvements4#bbijh4 ,restoration and enhancement grants4 4 7b7 ,technical and conforming amendments 7#a7 ,technical amendments ,chapter #bbi1 as redesignated1 is amended-- 7,a7 in section #bbijb1 as redesignated-- 7i7 in subsection 7c77#c77;,a7-- 7,i7 in the matter preceding clause 7i71 by inserting of after other modes2 and 7,,ii7 in clause 7vi7 by striking environmentally and inserting environmental2 and 7ii7 in subsection 7k71 by striking state rail plan and inserting ,state rail plan2 and 7,b7 in section #bbije7;e77#a71 as redesignated-- 7i7 by striking government authority and inserting governmental authority2 and 7ii7 by striking section #ecjb7aa7 and 7#f71 respectively1 of this title and inserting section #ecjb4 7#b7 ,conforming amendments ,chapter #bbi1 as redesignated1 is amended-- 7,a7 in section #bbija7b77;,d71 as redesignated1 by striking #bddjd and inserting #bbijd2 7,b7 in section #bbijd1 as redesignated1 by striking #bddjb and inserting #bbijb2 7,c7 in section #bbijg1 as redesignated-- 7i7 in subsection 7c77#b71 by striking #bddja7b7 and inserting #bbija7b72 and 7ii7 in subsection 7k71 by striking of sections #bddjb1 #bddjc1 and #bddjd and the definition contained in #bddja7a7 and inserting under sections #bbijb1 #bbijc1 and #bbijd1 and the definition contained in section #bbija7a72 and 7,d7 in section #bbijh1 as redesignated-- 7i7 in subsection 7a71 in the matter preceding paragraph 7#a71 by striking #bddja7a7 and inserting #bbija7a72 and 7ii7 in subsection 7i77#c71 by striking #bddje and inserting #bbije4 7#c7 ,additional conforming amendments 7,a7 ,subtitle ,v ,subtitle ,v is amended-- 7i7 in part ,c-- 7,i7 in section #bdgaa7;c77#c71 by striking #bddje and inserting #bbije2 and 7,,ii7 in section #bdiaa7;i71 by striking #bddje and inserting #bbije2 and 7ii7 in part ,d1 in section #bfajf7;e77#c71 by striking #bddje of this title and inserting #bbije4 7,b7 ,railroad safety enhancement act of #bjjh ,the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7division ,b of ,public ,law #aaj-dcb7 is amended-- 7i7 in section #cja7;c7 7#di ,u4,s4,c4 #bddje note71 by striking #bddje and inserting #bbije2 and 7ii7 in section #ejb7;a77#d77;,i7 7#di ,u4,s4,c4 #bfajf note71 by striking #bddje and inserting #bbije4 7,c7 ,high-speed rail corridor development ,section #bfajf7;e77#c7 is amended by striking #bddje and inserting #bbije4 7,d7 ,,fast ,act ,section #aacjh7;a77#d77;,i7 of the ,fixing ,america's ,surface ,transportation ,act 7,public ,law #aad-id2 #abi ,stat4 #acab7 is amended by striking #bddje and inserting #bbije4 #bab4 ,project delivery 7a7 ,redesignation ,subtitle ,v is amended-- 7#a7 by redesignating sections #bdbja and #bdbjb as sections #bhgja and #bhgjb1 respectively2 7#b7 by redesignating chapter #bdb as chapter #bhg2 7#c7 by moving chapter #bhg1 as redesignated1 to appear at the end of part ,e2 7#d7 in the table of chapters-- 7,a7 by striking the item relating to chapter #bdb2 and 7,b7 by inserting after the item relating to chapter #bhe the following3 ,chapter #bhg4,project ,delivery#bhgja 2 and 7#e7 by amending the table of sections for chapter #bhg1 as redesignated1 to read as follows3 #bhg ,project delivery ,sec4#bhgja4 ,efficient environmental reviews4#bhgjb4 ,railroad rights-of-way4 4 7b7 ,efficient environmental reviews ,section #bhgja1 as redesignated1 is amended-- 7#a7 by striking subsection 7c72 7#b7 by redesignating subsections 7d7 and 7e7 as subsections 7c7 and 7d71 respectively2 and 7#c7 by adding at the end the following3 7e7 ,savings clause ,nothing in this section may be construed to limit the adoption of new categorical exclusions for railroad projects that require the approval of the ,secretary under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 including categorical exclusions proposed as part or as a result of a notice of proposed rulemaking4 4 ,b ,miscellaneous #bba4 ,rulemaking process ,section #bjaaf is amended in the heading by striking ,rulemaking process and inserting ,incorporation by reference4 #bbb4 ,training 7a7 ,minimum training standards and plans ,section #bjafb is amended-- 7#a7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a71 by striking 1 not later than #a year after the date of enactment of the ,rail ,safety ,improvement ,act of #bjjh12 7,b7 in paragraph 7#a71 by striking the semicolon at the end and inserting 2 and2 7,c7 by striking paragraph 7#b72 and 7,d7 by redesignating paragraph 7#c7 as paragraph 7#b72 7#b7 by striking subsection 7b72 and 7#c7 by amending subsection 7c7 to read as follows3 7c7 ,exemptions ,the ,secretary shall exempt railroad carriers and railroad carrier contractors and subcontractors1 or the employees thereof1 from any training standard1 curriculum1 or ongoing criteria1 testing1 or skills evaluation measure1 or any other requirement under this section if-- 7#a7 the ,secretary makes a reasoned determination that the benefits do not justify the costs of such requirement2 7#b7 there is insufficient supporting information to support the need for such requirement2 or 7#c7 the ,secretary has issued other training regulations covering the same subject or designed to achieve the same objective4 4 7b7 ,regulations ,not later than #c years after the date of enactment of this ,act1 the ,secretary shall revise the regulations under part #bdc of title #di1 ,code of ,federal ,regulations1 to reduce the burden on railroad carriers1 railroad carrier contractors and subcontractors1 and employees thereof in accordance with section #bjafb1 as amended by subsection 7a7 of this section4 7c7 ,effective date ,the regulations under part #bdc of title #di1 ,code of ,federal ,regulations1 shall not be in effect before the date that is #cj days after the date of publication of the final rule required by subsection 7b74 7d7 ,savings clause ,nothing in this section1 or the amendments made by this section1 may be construed to affect part #bad or #bcb of title #di1 ,code of ,federal ,regulations1 as revised by the final rule1 ,training1 ,qualification1 and ,oversight for ,safety-,related ,railroad ,employees 7#gi ,fed4 ,reg4 #ffdei74 #bbc4 ,assessments ,section #bjaef is amended-- 7#a7 in subsection 7a77#a7-- 7,a7 by striking ,not later than #d years after the date of enactment of the ,rail ,safety ,improvement ,act of #bjjh1 the and inserting ,the2 and 7,b7 by inserting ,class ,,ii before railroad carrier that has inadequate safety performance2 and 7#b7 by adding at the end the following3 7i7 ,class ,,iii railroad carriers ,the ,secretary may require a railroad carrier that is a ,class ,,iii railroad and that has an inadequate safety performance 7as determined by the ,secretary7 to conduct a safety assessment1 including a safety assessment conducted under a grant made by the ,secretary to a private or nonprofit organization involved in or affiliated with transportation by a ,class ,,ii railroad or ,class ,,iii railroad for research1 development1 evaluation1 and training efforts1 to enhance rail safety practices and safety culture4 7j7 ,necessary improvements 7#a7 ,in general ,for each railroad carrier described in paragraph 7#b71 the ,secretary shall define the criteria the railroad carrier must meet in order to demonstrate that it has adequate safety performance4 7#b7 ,railroad carriers described ,a railroad carrier described in this paragraph is-- 7,a7 a ,class ,,ii railroad or a ,class ,,iii railroad2 and 7,b7 has inadequate safety performance 7as determined by the ,secretary74 7k7 ,rule of construction ,subsection 7a71 and the components of the program required under that subsection1 shall not apply to a railroad carrier that is a ,class ,,iii railroad4 4 #bbd4 ,miscellaneous authority ,section #bdcje7;c77#d7 is amended by inserting subject to section #bdcba1 before provide food4 #bbe4 ,applicability to ,states ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall revise part #bgj of title #di1 ,code of ,federal ,regulations1 to exclude a ,state1 or a political subdivision of a ,state1 that provides equipment1 track1 right-of-way1 or financial support for intercity passenger service pursuant to section #bji of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7division ,b of ,public ,law #aaj-dcb2 #di ,u4,s4,c4 #bdaja note7 if such ,state or political subdivision does not directly operate such service4 #bbf4 ,electronic communications and record keeping 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall-- 7#a7 review part ,a of subtitle ,v of title #di1 ,united ,states ,code1 including all relevant regulations1 to-- 7,a7 identify each requirement for a person-- 7i7 to maintain a record2 7ii7 to communicate with the ,department of ,transportation2 or 7iii7 to file information with the ,department of ,transportation2 and 7,b7 determine whether current regulations or other requirements allow for-- 7i7 an electronic record to be substituted for a paper record2 7ii7 a digital transmission1 or such other electronic form of transmission as the ,secretary considers appropriate1 to be substituted for a paper or voice communication2 and 7iii7 an electronic filing of information to be substituted for a paper filing of information2 and 7#b7 submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report of the findings of the review1 including any recommendations4 7b7 ,permissible communications and record keeping ,after conducting the review under subsection 7a71 the ,secretary may authorize a person to substitute an electronic record1 transmission1 or filing for a paper or voice record1 transmission1 or filing1 as applicable1 if the ,secretary makes a reasoned determination that the benefits outweigh the costs4 7c7 ,regulations ,notwithstanding any other provision of law in part ,a of subtitle ,v of title #di1 ,united ,states ,code1 as amended by this ,act1 the ,secretary may revise any regulation as necessary to carry out subsection 7b7 of this section4 7d7 ,rule of construction ,nothing in this section may be construed as expanding any record keeping or reporting requirement4