Skip to content
The COVID Project
  1. Library
  2. Aviation and surface-transport regulators
  3. AGY-AVIATION-SURFACE-073

Ex. AGY-AVIATION-SURFACE-073 Order Primary source read

FRA Administrator's Declaration of Emergency Situation: Novel Coronavirus 2019 (COVID-19) (Mar. 13, 2020), Docket FRA-2020-0002 (as posted on the FRA website, updated Mar. 23, 2020)

FRA Administrator's Declaration of Emergency Situation: Novel Coronavirus 2019 (COVID-19)

Federal Railroad Administration, Administrator Ronald L. Batory · United States (Federal Railroad Administration; all railroads) (Federal)

The COVID Project

The record

Jurisdiction
United States (Federal Railroad Administration; all railroads)
Level
Federal
Authority
49 C.F.R. § 211.45(a)-(b): the Administrator may determine that an emergency situation exists and open the emergency relief docket for expedited waivers
Issued
2020-03-13 Mar. 13, 2020
Effective
2020-03-13
End
remained in effect through 2021 ("until it is specifically rescinded by the Administrator", 86 FR 1573, Ex. 015) (read as 2021-09-30)
In force
Mar. 13, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Emergency declarationOther
Addressees
  • all railroads and persons subject to the Federal railroad safety regulations
Functions reached
  • OP railroad regulatory compliance under emergency waivers (crew certification, testing, inspection intervals)
  • WF
  • SC rail freight network
Collection
Aviation and surface-transport regulators AGY-AVIATION-SURFACE

Operative words

"Pursuant to Title 49 of the Code of Federal Regulations (CFR) § 211.45, Federal Railroad Administration Administrator Ronald L. Batory has determined that the imminent threat and exposure to the Coronavirus Disease 2019 (COVID-19) poses a risk of serious illness that constitutes an 'emergency situation' as related to railroad operations. In making this determination, the Administrator notes the President has declared a national emergency related to COVID-19 and the World Health Organization (WHO) has made the assessment of COVID-19 and it is now characterized as pandemic, which can cause serious illness to high risk populations. Governors of several States have issued various Emergency Declarations related to COVID-19 outbreaks." The declaration is effective "March 13, 2020, and the emergency relief provisions of 49 CFR § 211.[45 apply]."

Enforcement

opens expedited waiver process (49 C.F.R. § 211.45); waivers granted under it modified compliance duties of railroads and contractors

Notes

The predicate for FRA's COVID-19 emergency waivers of 2020-2021; recites the State emergency declarations and the national emergency.

Retrieval note

Authority's own web posting (page dated Mar. 23, 2020 carrying the Mar. 13, 2020 declaration) rendered to PDF; the signed declaration in docket FRA-2020-0002 was not separately retrieved (regulations.gov docket query returned no documents).