The Railroad Advancement of Innovation and Leadership with Safety (RAILS) Act, S. 1451, would allow for performance-based safety standards in place of traditional command-and-control prescriptive regulation, and mandate that future Federal Railroad Administration (FRA) rulemakings be based on data-driven sound science validated through transparent peer review.
More specifically, performance-based safety standards mean rather than the FRA prescribing particular actions, such as mileage-based brake tests and specific operations and maintenance procedures, the agency would specify a safety outcome—such as a maximum accident-type rate or component failure rate—and allow each railroad to devise its own cost-effective means of achieving that target.
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