Proposed Rule2025-12104
Repealing Outdated Railroad Workplace Safety Requirements and Making Other Improvements
Primary source
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Published
July 1, 2025
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
FRA proposes to repeal several roadway workplace safety requirements that have become obsolete. In addition, FRA proposes to establish a new special approval procedure to enable regulated entities, after public notice and FRA approval, to utilize an alternative approach to bridge worker safety that provides for an equivalent or better level of safety. Also, this rule proposes to clarify that the required training for operators of roadway maintenance machines equipped with a crane includes specific aspects such as maintaining vertical clearance.
Full Text
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<title>Federal Register, Volume 90 Issue 124 (Tuesday, July 1, 2025)</title>
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[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Proposed Rules]
[Pages 28629-28633]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12104]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 214
[Docket No. FRA-2025-0083]
RIN 2130-AD44
Repealing Outdated Railroad Workplace Safety Requirements and
Making Other Improvements
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: FRA proposes to repeal several roadway workplace safety
requirements that have become obsolete. In addition, FRA proposes to
establish a new special approval procedure to enable regulated
entities, after public notice and FRA approval, to utilize an
alternative approach to bridge worker safety that provides for an
equivalent or better level of safety. Also, this rule proposes to
clarify that the required training for operators of roadway maintenance
machines equipped with a crane includes specific aspects such as
maintaining vertical clearance.
DATES: Comments on the proposed rule must be received by September 2,
2025. FRA may consider comments received after that date, but only to
the extent practicable.
ADDRESSES:
Comments: Comments related to Docket No. FRA-2025-0083 may be
submitted by going to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and following the
online instructions for submitting comments.
Instructions: All submissions must include the agency name, docket
number (FRA-2025-0083), and Regulatory Identification Number (RIN) for
this rulemaking (2130-AD44). All comments received will be posted
without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>; this includes any
personal information. Please see the Privacy Act heading in the
SUPPLEMENTARY INFORMATION section of this document for Privacy Act
information related to any submitted comments or materials.
Docket: For access to the docket to read background documents or
comments received, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and follow the
online instructions for accessing the docket.
FOR FURTHER INFORMATION CONTACT: Timothy Presser, Track Specialist,
Office of Railroad Safety, Federal Railroad Administration, telephone:
(208) 241-9458, email: <a href="/cdn-cgi/l/email-protection#8efae7e3e1fae6f7a0fefcebfdfdebfcceeae1faa0e9e1f8"><span class="__cf_email__" data-cfemail="790d1014160d110057090b1c0a0a1c0b391d160d571e160f">[email protected]</span></a>; or Aaron Moore, Senior
Attorney, Federal Railroad Administration, telephone: (202) 853-4784,
email: <a href="/cdn-cgi/l/email-protection#026363706d6c2c6f6d6d706742666d762c656d74"><span class="__cf_email__" data-cfemail="a0c1c1d2cfce8ecdcfcfd2c5e0c4cfd48ec7cfd6">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
Consistent with the deregulatory agenda of President Donald J.
Trump and Secretary of Transportation Sean P. Duffy, which seeks to
unleash America's economic prosperity without compromising
transportation safety, FRA is reviewing its regulatory requirements in
parts 200 through 299 of title 49, Code of Federal Regulations (CFR).
The minimum safety standards for railroad workplace safety, to prevent
accidents and casualties to employees involved in certain railroad
inspection, maintenance, and construction activities, are established
in 49 CFR part 214, Railroad Workplace Safety. Some of the requirements
contained in part 214 could be updated to reduce burdens, make
technical or conforming changes, repeal aged-out regulations, or
otherwise adjust to advancing technology or recent incidents without
any adverse effect on railroad safety. Please review the Section-by-
Section Analysis below for the relevant information related to each
proposed change.
II. Section-by-Section Analysis
Section 214.119 Special Approval Procedure
Because 49 CFR part 214, subpart B is highly prescriptive and
therefore discourages innovation or the deployment of advancing
technology in bridge worker safety systems, FRA proposes to add a new
Sec. 214.119 that would provide for a special approval procedure
similar to the process provided in 49 CFR 238.21; the proposed special
approval procedure would enable a regulated entity, after public notice
and FRA approval, to utilize an alternative approach to bridge worker
safety that provides for an equivalent or better level of safety.
Section 214.331 Definite Train Location
FRA proposes to repeal Sec. 214.331 entirely because definite
train location, as a method of roadway worker protection, has been
prohibited since June 2017.
Section 214.333 Informational Line-Ups of Trains
FRA proposes to repeal Sec. 214.333 entirely because informational
line-ups of trains, as a method of roadway worker protection, has been
prohibited since June 2017.
Section 214.335 On-Track Safety Procedures for Roadway Work Groups,
General
FRA proposes to revise paragraph (a) of this section to remove
reference to definite train location and Sec. 214.331 since that is no
longer an allowed method of protection.
Section 214.347 Training and Qualification for Lone Workers
FRA proposes to revise paragraph (a)(3) of this section to remove
reference
[[Page 28630]]
to definite train location since that is no longer an allowed method of
protection.
Section 214.357 Training and Qualification for Operators of Roadway
Maintenance Machines Equipped With a Crane
FRA proposes to amend paragraph (b) of this section to clarify that
the required training for operators of roadway maintenance machines
equipped with a crane includes specific aspects such as maintaining
vertical clearance. FRA expects that issues such as vertical clearance
should be addressed in the employer's training and qualification
program. Under current Sec. 214.357(b), employers are required to
include procedures for determining that the operator has the skills and
knowledge to safely operate such crane machines. However, FRA expects
that highlighting issues such as vertical clearance in the regulatory
text may help in contributing to avoiding future incidents of crane
machines striking structures, such as bridges. FRA does not expect this
clarification to result in any additional burdens.
Section 214.513 Retrofitting of Existing On-Track Roadway Maintenance
Machines; General
FRA proposes to amend Sec. 214.513 by revising the title by
removing reference to retrofitting. Likewise, FRA proposes to remove
the retrofitting due dates in paragraphs (b) and (c) since those dates
have long passed. The requirements of this section apply to existing
on-track maintenance machines.
Section 214.515 Overhead Covers for Existing On-Track Roadway
Maintenance Machines
FRA proposes to amend paragraph (a) of this section to remove
reference to the date (March 28, 2005) that overhead covers must be
repaired or reinstalled on existing on-track roadway maintenance
machines currently or previously equipped with such covers. That date
has long passed. Additionally, FRA proposes to delete paragraph (b) and
redesignate existing paragraph (c) as new paragraph (b). Existing
paragraph (b) allows for an operator of an existing on-track roadway
maintenance machine that is not equipped with an overhead cover to
request such a cover be provided and requires the employer to evaluate
the feasibility of providing such a cover. FRA believes that since this
provision was added over 20 years ago, these requests have already been
made and that it is unlikely this paragraph is still utilized.
Section 214.517 Retrofitting of Existing On-Track Roadway Maintenance
Machines Manufactured on or After January 1, 1991
FRA proposes to amend the title and introductory paragraph of Sec.
214.517 to remove reference to retrofitting and the date it must be
completed. That date has long passed.
Section 214.533 Schedule of Repairs Subject to Availability of Parts
FRA proposes to amend paragraph (d) of this section to clarify that
this section permits electronic maintenance of required records.
Existing paragraph (d) allows for electronic maintenance of required
records, but the last sentence of this paragraph imposes a requirement
to keep records on the on-track roadway maintenance machine or hi-rail
vehicle or at a location designated by the employer. FRA proposes to
add a clause to the end of that sentence to clarify that the location
designated by the employer may be an electronic system, consistent with
the existing option in paragraph (d) to use electronic means to
maintain the required records.
III. Regulatory Impact and Notices
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review) and
DOT Regulatory Policies and Procedures
FRA has considered the impact of this proposed rule under E.O.
12866, Regulatory Planning and Review (58 FR 51735, Oct. 4, 1993), and
DOT Order 2100.6B, Policies and Procedures for Rulemaking (Mar. 10,
2025). The Office of Information and Regulatory Affairs within the
Office of Management and Budget (OMB) determined that this NPRM is not
a significant regulatory action under section 3(f) of E.O. 12866.
This proposed rule would simplify the regulation by creating a
special approval procedure in new Sec. 214.119 consistent with a
similar procedure in existing Sec. 238.21; remove certain regulations
rendered irrelevant by the passage of time in Sec. Sec. 214.331,
214.333, 214.335, 214.347, 214.513, 214.515, and 214.517; clarify
training requirements in Sec. 214.357; and simplify record retention
rules in Sec. 214.533. These proposed changes would have no adverse
impact on railroad safety. The proposed rule would provide additional
clarity to regulated entities and eliminate unnecessary, outdated
requirements while continuing to ensure workplace safety, substantive
compliance, and availability of information related to railroad
maintenance activities. While FRA has not quantified these changes, FRA
estimates a cost savings would incur from the proposed amendments.
B. E.O. 14192 (Unleashing Prosperity Through Deregulation)
E.O. 14192, Unleashing Prosperity Through Deregulation (90 FR 9065,
Jan. 31, 2025), requires that for ``each new [E.O. 14192 regulatory
action] issued, at least ten prior regulations be identified for
elimination.'' \1\ Implementation guidance for E.O. 14192 issued by OMB
(Memorandum M-25-20, Mar. 26, 2025) defines two different types of E.O.
14192 actions: an E.O. 14192 deregulatory action, and an E.O. 14192
regulatory action.\2\
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\1\ Executive Office of the President. Executive Order 14192 of
January 31, 2025. Unleashing Prosperity Through Deregulation. 90 FR
9065-9067. Feb. 6, 2025.
\2\ Executive Office of the President. Office of Management and
Budget. Guidance Implementing Section 3 of Executive Order 14192,
Titled ``Unleashing Prosperity Through Deregulation.'' Memorandum M-
25-20. Mar. 26, 2025.
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An E.O. 14192 deregulatory action is defined as ``an action that
has been finalized and has total costs less than zero.'' This proposed
rulemaking is expected to have total costs less than zero, and
therefore it would be considered an E.O. 14192 deregulatory action upon
issuance of a final rule. While FRA affirms that each amendment
proposed in this NPRM has a cost that is negligible or ``less than
zero'' consistent with E.O. 14192, FRA requests comment on the extent
of the cost savings for the changes proposed in this NPRM.
C. Regulatory Flexibility Act and E.O. 13272
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended
by the Small Business Regulatory Enforcement Fairness Act of 1996,\3\
requires Federal agencies to consider the effects of the regulatory
action on small business and other small entities and to minimize any
significant economic impact. Accordingly, DOT policy requires an
analysis of the impact of all regulations on small entities, and
mandates that agencies strive to lessen any adverse effects on these
businesses. The term small entities comprises small businesses and not-
for-profit organizations that are independently owned and operated and
are not dominant in their fields, and governmental jurisdictions with
populations of less than 50,000 (5 U.S.C. 601(6)).
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\3\ Public Law 104-121, 110 Stat. 857 (Mar. 29, 1996).
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No regulatory flexibility analysis is required, however, if the
head of an Agency or an appropriate designee certifies that the rule
will not have a significant economic impact on a
[[Page 28631]]
substantial number of small entities. This proposed rule would not
impose new requirements under part 214 beyond limited, cost-beneficial
changes to training; it merely offers flexibilities or repeal aged-out
regulations that could result in cost savings, if a small entity or
other regulated entity chooses to utilize those flexibilities. By
extending this regulatory relief, many regulated entities, including
small entities, would experience a cost savings. Consequently, FRA
certifies that the proposed action would not have a significant
economic impact on a substantial number of small entities.
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857), FRA
wants to assist small entities in understanding this proposed rule so
they can better evaluate its effects on themselves and participate in
the rulemaking initiative. If the proposed rule would affect your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
consult the person listed under FOR FURTHER INFORMATION CONTACT.
D. Paperwork Reduction Act
This proposed rule offers regulatory flexibilities, and it contains
no new information collection requirements in accordance with the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq). Therefore, an
information collection submission to OMB is not required. With this
NPRM, FRA will be using the existing OMB No. 2130-0539, Railroad
Workplace Safety.
E. Environmental Assessment
FRA has analyzed this proposed rule for the purposes of the
National Environmental Policy Act of 1969 (NEPA). In accordance with 42
U.S.C. 4336 and DOT NEPA Order 5610.1C, FRA has determined that this
rule is categorically excluded pursuant to 23 CFR 771.118(c)(4),
``[p]lanning and administrative activities that do not involve or lead
directly to construction, such as: [p]romulgation of rules,
regulations, and directives.'' This rulemaking is not anticipated to
result in any environmental impacts, and there are no unusual or
extraordinary circumstances present in connection with this rulemaking.
Pursuant to Section 106 of the National Historic Preservation Act
and its implementing regulations, FRA has determined this undertaking
has no potential to affect historic properties. FRA has also determined
that this rulemaking does not approve a project resulting in a use of a
resource protected by Section 4(f).
F. Federalism Implications
This proposed rule would not have a substantial effect on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Thus, in accordance with E.O. 13132,
``Federalism'' (64 FR 43255, Aug. 10, 1999), preparation of a
Federalism Assessment is not warranted.
G. Unfunded Mandates Reform Act of 1995
This proposed rule would not result in the expenditure, in the
aggregate, of $100,000,000 or more, adjusted for inflation, in any one
year by State, local, or Indian Tribal governments, or the private
sector. To the contrary, if finalized, this proposed rule would result
in cost savings. Thus, consistent with section 202 of the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4, 2 U.S.C. 1532), FRA is not
required to prepare a written statement detailing the effect of such an
expenditure.
H. Energy Impact
E.O. 13211, Actions Concerning Regulations that Significantly
Affect Energy Supply, Distribution, or Use, 66 FR 28355 (May 22, 2001),
requires Federal agencies to prepare a Statement of Energy Effects for
any ``significant energy action.'' FRA has evaluated this proposed rule
in accordance with E.O. 13211 and determined that this proposed rule is
not a ``significant energy action'' within the meaning of E.O. 13211.
Nevertheless, if finalized, FRA reiterates that this would be a
deregulatory action that would, to the extent it has an effect, tend to
positively facilitate the movement of energy.
I. E.O. 13175 (Tribal Consultation)
FRA has evaluated this proposed rule in accordance with the
principles and criteria contained in E.O. 13175, Consultation and
Coordination with Indian Tribal Governments (Nov. 6, 2000). The
proposed rule would not have a substantial direct effect on one or more
Indian tribes, would not impose substantial direct compliance costs on
Indian tribal governments, and would not preempt tribal laws (except to
any extent already preempted by the preexisting part 214). Therefore,
the funding and consultation requirements of E.O. 13175 do not apply,
and a tribal summary impact statement is not required.
J. International Trade Impact Assessment
The Trade Agreement Act of 1979 \4\ prohibits Federal agencies from
engaging in any standards or related activities that create unnecessary
obstacles to the foreign commerce of the United States. Legitimate
domestic objectives, such as safety, are not considered unnecessary
obstacles. The statute also requires consideration of international
standards and, where appropriate, that they be the basis for U.S.
standards. This rulemaking is purely domestic in nature and is not
expected to affect trade opportunities for U.S. firms doing business
overseas or for foreign firms doing business in the United States.
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\4\ 19 U.S.C. ch. 13.
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K. Privacy Act Statement
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, as described in
the system of records notice, DOT/ALL-14 FDMS, accessible through
<a href="http://www.transportation.gov/privacy">www.transportation.gov/privacy</a>. To facilitate comment tracking and
response, we encourage commenters to provide their name, or the name of
their organization; however, submission of names is completely
optional. Whether or not commenters identify themselves, all timely
comments will be fully considered. If you wish to provide comments
containing proprietary or confidential information, please contact the
agency for alternate submission instructions.
L. Rulemaking Summary
As required by 5 U.S.C. 553(b)(4), a summary of this proposed rule
can be found at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, Docket No. FRA-2025-0083,
in the SUMMARY section of this proposed rule.
List of Subjects in 49 CFR Part 214
Bridges, Occupational safety and health, Penalties, Railroad
safety, Reporting and recordkeeping requirements.
For the reasons discussed in the preamble, FRA proposes to amend
part 214 of chapter II, subtitle B of title 49, Code of Federal
Regulations as follows:
0
1. The authority citation for part 214 continues to read as follows:
Authority: 49 U.S.C. 20102-20103, 20107, 21301-21302, 21304, 28
U.S.C. 2461 note; and 49 CFR 1.89.
0
2. Add Sec. 214.119 to subpart B to read as follows:
[[Page 28632]]
Sec. 214.119 Special approval procedure
(a) General. The following procedures govern consideration and
action upon requests for special approval of alternative standards or
for alternative compliance under Sec. 214.103, Sec. 214.105, Sec.
214.107, Sec. 214.109, Sec. 214.111, Sec. 214.113, Sec. 214.115,
and Sec. 214.117.
(b) Petitions for special approval of alternative standard or of
alternative compliance. Each petition for special approval of an
alternative standard or for alternative compliance shall contain--
(1) The name, title, address, email address, and telephone number
of the primary person to be contacted with regard to review of the
petition;
(2) The alternative proposed, in detail, to be substituted for the
particular requirements of this part;
(3) Appropriate data or analysis, or both, establishing that the
alternative will provide at least an equivalent level of safety; and
(4) A statement affirming that the railroad or railroad contractor
has served a copy of the petition on designated representatives of its
employees, together with a list of the names and addresses of the
persons served; or alternatively, a statement affirming that the
railroad or railroad contractor has provided an alternative means of
notice, together with a description of the notice provided.
(c) Federal Register notice. FRA will publish a notice in the
Federal Register concerning each petition under this section.
(d) Not later than 30 days from the date of publication of the
notice in the Federal Register concerning a petition under this
section, any person may comment on the petition.
(1) Each comment shall set forth specifically the basis upon which
it is made, and contain a concise statement of the interest of the
commenter in the proceeding.
(2) Each comment shall be submitted to the U.S. Department of
Transportation, Docket Operations (M-30), West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590, and
shall contain the assigned docket number for that proceeding. The form
of such submission may be in written or electronic form consistent with
the standards and requirements established by the Federal Docket
Management System and posted on its website at <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
(e) Disposition of petitions.
(1) FRA will conduct a hearing on a petition in accordance with the
procedures provided in Sec. 211.25 of this chapter.
(2) If FRA finds that the petition complies with the requirements
of this section or that the proposed plan is acceptable or changes are
justified, or both, the petition will be granted, normally within 90
days of its receipt. If the petition is neither granted nor denied
within 90 days, the petition remains pending for decision. FRA may
attach special conditions to the approval of the petition. FRA may
approve an alternative standard or alternative compliance in lieu of
the relief requested by the petition. Following the approval of a
petition, FRA may reopen consideration of the petition for cause
stated.
(3) If FRA finds that the petition does not comply with the
requirements of this section, or that the proposed plan is not
acceptable or that the proposed changes are not justified, or both, the
petition will be denied, normally within 90 days of its receipt.
(4) When FRA grants or denies a petition, or reopens consideration
of the petition, written notice is sent to the petitioner and other
interested parties.
0
3. Remove and reserve Sec. 214.331.
Sec. 214.331 [Removed and Reserved]
0
4. Remove and reserve Sec. 214.333.
Sec. 214.333 [Removed and Reserved]
0
5. Amend Sec. 214.335 by revising paragraph (a) to read as follows:
Sec. 214.335 On-track safety procedures for roadway work groups,
general.
(a) No employer subject to the provisions of this part shall
require or permit a roadway worker who is a member of a roadway work
group to foul a track unless on-track safety is provided by either
working limits or train approach warning in accordance with the
applicable provisions of Sec. 214.319, Sec. 214.321, Sec. 214.323,
Sec. 214.325, Sec. 214.327, Sec. 214.329, or Sec. 214.336.
* * * * *
0
6. Amend Sec. 214.347 by revising paragraph (a)(3) to read as follows:
Sec. 214.347 Training and qualification for lone workers.
* * * * *
(a) * * *
(3) Rules and procedures prescribed by the railroad for individual
train detection and establishment of working limits.
* * * * *
0
7. Amend Sec. 214.357 by revising paragraph (b)(1) to read as follows:
Sec. 214.357 Training and qualification for operators of roadway
maintenance machines equipped with a crane.
* * * * *
(b) * * *
(1) Procedures for determining that the operator has the skills to
safely operate each machine the person is authorized to operate,
including but not limited to maintaining vertical clearance; and
* * * * *
0
8. Amend Sec. 214.513 by revising the section heading and paragraphs
(b) and (c) to read as follows:
Sec. 214.513 Existing on-track roadway maintenance machines; general.
* * * * *
(b) Each existing on-track roadway maintenance machine shall be
equipped with a permanent or portable horn or other audible warning
device that produces a sound loud enough to be heard by roadway workers
and other machine operators within the immediate work area. The
triggering mechanism for the device shall be clearly identifiable and
within easy reach of the machine operator.
(c) Each existing on-track roadway maintenance machine shall be
equipped with a permanent illumination device or a portable light that
is securely placed and not hand-held. The illumination device or
portable light shall be capable of illuminating obstructions on the
track ahead for a distance of 300 feet under normal weather and
atmospheric conditions when the machine is operated during the period
between one-half hour after sunset and one-half hour before sunrise or
in dark areas such as tunnels.
0
9. Amend Sec. 214.515 by revising paragraph (a), removing paragraph
(b), and redesignating existing paragraph (c) as new paragraph (b), to
read as follows:
Sec. 214.515 Overhead covers for existing on-track roadway
maintenance machines.
(a) For existing on-track roadway maintenance machines either
currently or previously equipped with overhead covers for the
operator's position, defective covers shall be repaired and maintained
in accordance with the provisions of Sec. 214.531.
(b) For purposes of this section, overhead covers shall provide the
operator's position with cover from normal rainfall and midday sun.
0
10. Amend Sec. 214.517 by revising the section heading and the
introductory text, to read as follows:
Sec. 214.517 Existing on-track roadway maintenance machines
manufactured on or after January 1, 1991.
In addition to meeting the requirements of Sec. 214.513, each
existing on-track roadway maintenance machine
[[Page 28633]]
manufactured on or after January 1, 1991, shall have the following:
* * * * *
0
11. Revise Sec. 214.533(d) to read as follows:
Sec. 214.533 Schedule of repairs subject to availability of parts.
* * * * *
(d) Each employer shall maintain records pertaining to compliance
with this section. Records may be kept on forms provided by the
employer or by electronic means. The employer shall retain each record
for at least one year, and the records shall be made available for
inspection and copying during normal business hours by representatives
of FRA and States participating under part 212 of this chapter. The
records may be kept on the on-track roadway maintenance machine or hi-
rail vehicle or at a location designated by the employer, including an
electronic system.
Issued in Washington, DC.
Kyle D. Fields,
Chief Counsel.
[FR Doc. 2025-12104 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-06-P
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