Thursday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved a notice of proposed rulemaking from the DOT’s Federal Railroad Administration (FRA) on “Litigation Protections for System Safety Program and Risk Reduction Program Information”. The NPRM was sent to OIRA on September 28th, 2026.
According to the 2026 Unified Agenda entry for this rulemaking:
“This rulemaking would propose revising 49 CFR 270.105 and 271.11 [links added] to broaden the scope of railroad safety risk reduction program information protected from use in litigation. The rulemaking would do so by removing the limitation that the protected information must have been compiled or collected solely” for a railroad safety risk reduction program purpose.”
I suspect that the effects of this rulemaking on railroad hazmat safety will be tangential at best, so I am not sure that I will be covering its publication in any detail. At the very least, however, I will announce its publication in the appropriate Short Takes post.
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