Rule2025-12105
Administrative Updates to the Federal Railroad Administration's Special Notice and Emergency Order Procedures: Railroad Track, Locomotive, and Equipment
Primary source
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Published
July 1, 2025
Effective
July 1, 2025
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
This rule makes administrative updates to FRA's special notice and emergency order procedures: railroad track, locomotive and equipment, including updating addresses.
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)]
[Rules and Regulations]
[Pages 28140-28142]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12105]
[[Page 28140]]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 216
[Docket No. FRA-2025-0085]
RIN 2130-AD12
Administrative Updates to the Federal Railroad Administration's
Special Notice and Emergency Order Procedures: Railroad Track,
Locomotive, and Equipment
AGENCY: Federal Railroad Administration (FRA), U.S. Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: This rule makes administrative updates to FRA's special notice
and emergency order procedures: railroad track, locomotive and
equipment, including updating addresses.
DATES: Effective July 1, 2025.
FOR FURTHER INFORMATION CONTACT: Veronica Chittim, Senior Attorney,
Office of Safety Law, Office of the Chief Counsel, FRA, 1200 New Jersey
Avenue SE, Washington, DC 20590, (telephone 202-480-3410),
<a href="/cdn-cgi/l/email-protection#6a1c0f18050403090b440902031e1e03072a0e051e440d051c"><span class="__cf_email__" data-cfemail="b2c4d7c0dddcdbd1d39cd1dadbc6c6dbdff2d6ddc69cd5ddc4">[email protected]</span></a>; or Lucinda Henriksen, Senior Advisor, Office
of Railroad Safety, FRA, (telephone 202-657-2842),
<a href="/cdn-cgi/l/email-protection#6e021b0d07000a0f40060b001c07051d0b002e0a011a40090118"><span class="__cf_email__" data-cfemail="462a33252f282227682e2328342f2d3523280622293268212930">[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, and as described in more detail below, this rule
is making miscellaneous, administrative updates to its special notice
and emergency order procedures: railroad track, locomotive and
equipment in 49 CFR part 216. These changes include updating addresses
that are no longer valid.
II. Section-by-Section Analysis
Sec. 216.7 Penalties.
To avoid the need to update this section every time the civil
penalty amounts are adjusted for inflation, FRA is changing Sec. 216.7
by replacing references to specific penalty amounts with general
references to the minimum civil monetary penalty, ordinary maximum
civil monetary penalty, and aggravated maximum civil monetary penalty.
FRA is adding language to this section referring readers to 49 CFR part
209, appendix A, where FRA will continue to specify statutorily
provided civil penalty amounts updated for inflation. To be consistent
with other definitions of ``person,'' such as 49 CFR 270.5, FRA is
updating the reference in the section from 1 U.S.C. 1 to 49 U.S.C.
21301.
Sec. Sec. 216.11, 216.13, 216.14, and 216.15 Special Notices for
Repairs
FRA is amending Sec. Sec. 216.11(b), 216.13(b), 216.14(b), and
216.15(b) to update the references from ``FRA Regional Administrator''
to ``Division of FRA's Office of Railroad Safety'' for the relevant
technical discipline (i.e., Motive Power and Equipment (MP&E) or Track
and Structures Division). These amendments are being made to ensure
information gets to the agency subject matter expert in the specific
discipline.
Sec. 216.17 Appeals
FRA is amending Sec. 216.17 to replace references of ``FRA
Regional Administrator'' with ``FRA Staff Director'' for the relevant
technical discipline. FRA is also replacing the outdated language in
Sec. 216.17(a), ``[t]he appeal shall be made by letter or telegram,''
with ``[t]he appeal must be made by email to the relevant FRA Staff
Director.''
Sec. 216.21 Notice of Track Conditions
FRA is amending 49 CFR 216.21(a) to replace references of ``FRA
Regional Administrator'' with ``FRA Track and Structures Division Staff
Director'' and remove a reference to ``FRA Regional Track Engineer.''
In Sec. 216.21(b), FRA is also replacing references of ``FRA Regional
Track Engineer'' with ``FRA Track and Structures Division Staff
Director.''
Sec. 216.23 Consideration of Recommendation
FRA is amending 49 CFR 216.23 to replace references of ``FRA
Regional Administrator'' with ``FRA Track and Structures Division Staff
Director.'' FRA is also replacing a reference of ``FRA Regional Track
Engineer'' with ``FRA District Track Specialist.''
Sec. 216.25 Issuance and Review of Emergency Order
FRA is amending 49 CFR 216.25(a) to replace a reference of ``FRA
Regional Administrator'' with ``FRA Track and Structures Division Staff
Director.'' FRA is amending the language in Sec. 216.25(b) to require
a submission of a request of review of an emergency order to
<a href="/cdn-cgi/l/email-protection#eaacb8aba68f8d8b86aa8e859ec48d859c"><span class="__cf_email__" data-cfemail="5b1d091a173e3c3a371b3f342f753c342d">[email protected]</span></a>. FRA is removing the mailing address for the Office of
the Chief Counsel.
III. Public Participation
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)(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)(B). Since this final rule merely makes
miscellaneous, administrative updates to the CFR, such as updating web
addresses, it would not benefit from public comment, and notice and
comment is not necessary.
IV. Regulatory Impact and Notices
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review) and
DOT
Regulatory Policies and Procedures
FRA has evaluated this final rule in accordance with 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 final rule is not a
significant regulatory action under section 3(f) of E.O. 12866. Because
this final rule makes administrative changes to FRA's special notice
and emergency order procedures: railroad track, locomotive and
equipment, including updating addresses, this final rule imparts no
additional burdens on regulated entities. Moreover, this rule will
provide some qualitative benefits to regulated entities and the U.S.
government, by clarifying, simplifying, and updating the language and
references of part 216.
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, March 26, 2025) defines two different types of
E.O. 14192 actions: an E.O. 14192
[[Page 28141]]
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 final
rule is expected to have total costs less than zero, and therefore it
would be considered an E.O. 14192 deregulatory action.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 ((RFA), 5 U.S.C. 601 et
seq.) and E.O. 13272 (67 FR 53461, Aug. 16, 2002) require an agency to
prepare and make available to the public a regulatory flexibility
analysis that describes the effect of the rule on small entities (i.e.,
small businesses, small organizations, and small governmental
jurisdictions). A regulatory flexibility analysis is not required when
a rule is exempt from notice and comment rulemaking. FRA has determined
that this rule is exempt from notice and comment rulemaking. Therefore,
a regulatory flexibility analysis is not required for this rule.
D. Paperwork Reduction Act
There is no new collection of information requirements contained in
this final rule, and in accordance with the Paperwork Reduction Act of
1995, 44 U.S.C. 3501 et seq., therefore, an information collection
submission to the Office of Management and Budget (OMB) is not
required. The recordkeeping and reporting requirements already
contained in part 216 became effective when they were approved by OMB
on February 27, 2023. The OMB Control No. is 2130-0504, and OMB
approval expires on February 28, 2026.
E. Environmental Assessment
FRA has analyzed this 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.
F. Federalism Implications
This final rule will 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 final rule will 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. 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 rule in
accordance with E.O. 13211 and determined that this rule is not a
``significant energy action'' within the meaning of E.O. 13211.
I. E.O. 13175 (Tribal Consultation)
FRA has evaluated this final rule in accordance with the principles
and criteria contained in E.O. 13175, Consultation and Coordination
with Indian Tribal Governments, (Nov. 6, 2000). The final 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. 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 prohibits Federal agencies from
engaging in any standards or related activities that create unnecessary
obstacles to the foreign commerce of the U.S. 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 U.S.
List of Subjects in 49 CFR Part 216
Penalties, Railroad safety, Reporting and recordkeeping
requirements.
The Final Rule
In consideration of the foregoing, FRA amends part 216 of chapter
II, subtitle B of title 49, Code of Federal Regulations as follows:
PART 216--SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD
TRACK, LOCOMOTIVE AND EQUIPMENT
0
1. The authority citation for part 216 continues to read as follows:
Authority: 49 U.S.C. 20102-20104, 20107, 20111, 20133, 20701-
20702, 21301-21302, 21304; 28 U.S.C. 2461 note; and 49 CFR 1.89.
0
2. Revise Sec. 216.7 to read as follows:
Sec. 216.7 Penalties.
(a) Any person that violates any requirement of this part or causes
the violation of any such requirement is subject to a civil penalty of
at least the minimum civil monetary penalty and not more than the
ordinary maximum civil monetary penalty per violation. However,
penalties may be assessed against individuals only for willful
violations, and a penalty not to exceed the aggravated maximum civil
monetary penalty per violation may be assessed, where:
(1) A grossly negligent violation, or a pattern of repeated
violations, has created an imminent hazard of death or injury to
persons, or
(2) A death or injury has occurred. See 49 CFR part 209, appendix
A.
(b) ``Person'' means an entity of any type, covered under 49 U.S.C.
21301, including the following: a railroad; a manager, supervisor,
official, or other employee or agent of a railroad; any owner,
manufacturer, lessor, or lessee of railroad equipment, track, or
facilities; any independent contractor providing goods or services to a
railroad; any employee of such owner, manufacturer, lessor, lessee, or
independent contractor.
(c) Each day a violation continues shall constitute a separate
offense. See FRA's website at <a href="https://railroads.dot.gov/">https://railroads.dot.gov/</a> for a
statement of agency civil penalty policy.
0
3. Revise Sec. 216.11(b) to read as follows:
[[Page 28142]]
Sec. 216.11 Special notice for repairs--railroad freight car.
* * * * *
(b) The railroad shall notify the Motive Power and Equipment (MP&E)
Division of FRA's Office of Railroad Safety in writing when the
equipment is returned to service, specifying the repairs completed.
* * * * *
0
4. Revise Sec. 216.13(b) to read as follows:
Sec. 216.13 Special notice for repairs--locomotive.
* * * * *
(b) The carrier shall notify the FRA MP&E Division in writing when
the locomotive is returned to service, specifying the repairs
completed. The carrier officer or employee directly responsible for the
repairs shall subscribe this writing under oath.
0
5. Revise Sec. 216.14(b) to read as follows:
Sec. 216.14 Special notice for repairs--passenger equipment.
* * * * *
(b) The railroad shall notify in writing the FRA MP&E Division when
the equipment is returned to service, specifying the repairs completed.
* * * * *
0
6. Revise Sec. 216.15(b) to read as follows:
Sec. 216.15 Special notice for repairs--track class.
* * * * *
(b) The railroad shall notify the FRA Track and Structures Division
in writing when the track is restored to a condition permitting
operations at speeds authorized for a higher class, specifying the
repairs completed.
0
7. Revise Sec. 216.17 to read as follows:
Sec. 216.17 Appeals.
(a) Upon receipt of a Special Notice prescribed in Sec. Sec.
216.11, 216.13, 216.14, or 216.15, a railroad may appeal the decision
of the Inspector to the relevant FRA Staff Director (i.e., MP&E or
Track and Structures Division Staff Director). The appeal must be made
by email to the relevant FRA Staff Director. The FRA Staff Director
assigns an inspector, other than the inspector from whose decision the
appeal is being taken, to reinspect the railroad freight car,
locomotive, railroad passenger equipment, or track. The reinspection
will be made immediately. If upon reinspection, the railroad freight
car, locomotive, or passenger equipment is found to be in serviceable
condition, or the track is found to comply with the requirements for
the class at which it was previously operated by the railroad, the FRA
Staff Director or the Director's delegate will immediately notify the
railroad, whereupon the restrictions of the Special Notice cease to be
effective. If on reinspection the decision of the original inspector is
sustained, the FRA Staff Director notifies the railroad that the appeal
has been denied.
(b) A railroad whose appeal to the FRA Staff Director has been
denied may, within thirty (30) days from the denial, appeal to the
Administrator. After affording an opportunity for informal oral
hearing, the Administrator may affirm, set aside, or modify, in whole
or in part, the action of the FRA Staff Director.
(c) The requirements of a Special Notice issued under this subpart
shall remain in effect and be observed by a railroad pending appeal to
the FRA Staff Director or to the Administrator.
0
8. Revise Sec. 216.21 to read as follows:
Sec. 216.21 Notice of track conditions.
(a) When an FRA Track Inspector or State Track Inspector finds
track conditions which may require the issuance of an Emergency order
removing the track from service under section 203, Public Law 91-458,
84 Stat. 972, the Inspector may issue a notice to the railroad owning
the track. The notice sets out and describes the conditions found by
the Inspector and specifies the location of defects on the affected
track segment. The Inspector provides a copy to the FRA Track and
Structures Division Staff Director.
(b) In the event the railroad immediately commences repairs on the
affected track and so advises the FRA Track and Structures Division
Staff Director, the Staff Director assigns an Inspector to reinspect
the track immediately on the completion of repairs. If upon
reinspection the Inspector determines that necessary repairs have been
completed, the Inspector withdraws the Notice of Track Conditions.
0
9. Revise Sec. 216.23 to read as follows:
Sec. 216.23 Consideration of recommendation.
Upon receipt of a Notice of Track Conditions issued under Sec.
216.21, the FRA Track and Structures Division Staff Director prepares a
recommendation to the Administrator concerning the issuance of an
Emergency order removing the affected track from service. In preparing
this recommendation, the FRA Track and Structures Division Staff
Director considers all written or other material bearing on the
condition of the track received from the railroad within three (3)
calendar days of the issuance of the Notice of Track Conditions and
also considers the report of the FRA District Track Specialist.
0
10. Amend Sec. 216.25 by revising paragraphs (a) and the first
sentence of paragraph (b) to read as follows:
Sec. 216.25 Issuance and review of emergency order.
(a) Upon recommendation of the FRA Track and Structures Division
Staff Director, the Administrator may issue an Emergency order removing
from service track identified in the notice issued under Sec. 216.21.
(b) As specified in section 203, Public Law 91-458, 84 Stat. 972,
opportunity for review of the Emergency order is provided in accordance
with section 554 of title 5 of the U.S.C. Petitions for such review
must be submitted in writing to the Office of the Chief Counsel,
Federal Railroad Administration, via email to <a href="/cdn-cgi/l/email-protection#83c5d1c2cfe6e4e2efc3e7ecf7ade4ecf5"><span class="__cf_email__" data-cfemail="de988c9f92bbb9bfb29ebab1aaf0b9b1a8">[email protected]</span></a>. * * *
* * * * *
Issued in Washington, DC.
Kyle D. Fields,
Chief Counsel.
[FR Doc. 2025-12105 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-06-P
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