Federal Railroad Administration Accident/Incident Investigation Policy for Gathering Information and Consulting With Stakeholders; Correction

SUPPLEMENTARY INFORMATION:

In FR document 2024-22326 beginning on page 79767 in the Federal Register of October 1, 2024, make the following corrections:

1. On page 79767, in the first and second columns, correct the DATES section to read:

DATES: Effective date: This final rule is effective on November 15, 2024, unless FRA receives adverse, substantive comment by October 31, 2024. If no adverse, substantive comments are received, FRA will publish a notice in the Federal Register indicating that no adverse comment was received and confirming that the rule will become effective on November 15, 2024.

2. On page 79768, in the first column, correct the first paragraph to read:

FRA is publishing this rule without a prior proposed rule under FRA's direct final rulemaking procedures in 49 CFR 211.33 because it views this as a noncontroversial action that generally codifies FRA's current process for accident/incident investigations. Under the Administrative Procedure Act (APA), an agency may waive the normal notice and comment procedures if the action is a rule of agency organization, procedure, or practice. 5 U.S.C. 553(b)(3)(A). Additionally, under the APA, an agency may waive notice and comment procedures when the agency for good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest. 5 U.S.C. 553(b)(3)(B). As noted above, this rule would codify FRA's procedures for accident/incident investigations and FRA has already worked with stakeholders (both labor and the rail organizations) to develop the Policy Document which is posted on FRA's website. Accordingly, FRA finds that notice and comment are unnecessary and anticipates no adverse, substantive comment on any of the provisions of the rule. If FRA receives an adverse, substantive comment on any of the provisions, it will publish in the Federal Register a timely withdrawal, informing the public that the direct final rule will not take effect.

3. In the Section-by-Section Analysis, on page 79769, in the 2nd column, correct the fourth paragraph to read:

Previous paragraphs (b), (c), (d), (e), and (f) remain substantively unchanged but are being redesignated as paragraphs (a)(2) through (6).

4. Under Regulatory Impact and Notices, on page 79770, correct table 1 to read as follows: