Rule2025-12125
Administrative Updates to the Federal Railroad Administration's Rules of Practice
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 1, 2025
Effective
July 1, 2025
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
This rule makes administrative updates to FRA's rules of practice regulations, including updating addresses in those regulations.
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 28128-28129]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12125]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 211
[Docket No. FRA-2025-0079]
RIN 2130-AD06
Administrative Updates to the Federal Railroad Administration's
Rules of Practice
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 rules of
practice regulations, including updating addresses in those
regulations.
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#97e1f2e5f8f9fef4f6b9f4fffee3e3fefad7f3f8e3b9f0f8e1"><span class="__cf_email__" data-cfemail="4a3c2f38252423292b642922233e3e23270a2e253e642d253c">[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#c0acb5a3a9aea4a1eea8a5aeb2a9abb3a5ae80a4afb4eea7afb6"><span class="__cf_email__" data-cfemail="7d11081e1413191c531518130f14160e18133d191209531a120b">[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 rules of
practice regulations in 49 CFR part 211. These changes include updating
addresses that are no longer valid.
II. Section-by-Section Analysis
Part 211
Sec. 211.45 Petitions for Emergency Waiver of Safety Rules
FRA is amending Sec. 211.45(d), (f), and (h) to remove the listed
options of submitting emergency waiver petitions via fax and mail, and
to update outdated email and web addresses.
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 miscellaneous, administrative changes
such as reflecting updated web and email 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 of part 211, including updating addresses.
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 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.
[[Page 28129]]
C. Regulatory Flexibility Act and E.O 13272
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 OMB is not required.
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 211
Administrative practice and procedure, Rules of practice.
The Final Rule
In consideration of the foregoing, FRA amends part 211 of chapter
II, subtitle B of title 49, Code of Federal Regulations as follows:
PART 211--RULES OF PRACTICE
0
1. The authority citation for part 211 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20114, 20306, 20502-20504,
and 49 CFR 1.89.
0
2. In Sec. 211.45, revise paragraphs (d), (f), and (h) to read as
follows:
Sec. 211.45 Petitions for emergency waiver of safety rules.
* * * * *
(d) Notification. When possible, FRA will post the FRA
Administrator's determination described in paragraph (c) of this
section on its website at <a href="https://railroads.dot.gov/">https://railroads.dot.gov/</a>. FRA will also
place the FRA Administrator's determination in the ERD as soon as
practicable.
* * * * *
(f) Filing requirements. Petitions filed under this section, shall
be submitted via email to FRA at: <a href="/cdn-cgi/l/email-protection#dc9a8e9d8bbdb5aab9aeaf9cb8b3a8f2bbb3aa"><span class="__cf_email__" data-cfemail="eaacb8abbd8b839c8f9899aa8e859ec48d859c">[email protected]</span></a>.
* * * * *
(h) Comments. Although the Administrator may waive compliance with
any part of a regulation prescribed or order issued without prior
notice and comment, comments may be submitted. Comments should be
submitted as soon as possible, after a petition is available on the
FeP. Any comment received will be considered to the extent practicable.
All comments should identify the appropriate ERD and should identify
the specific document number of the petition designated by the FeP in
the ERD. Interested parties commenting on a petition under this section
should also include in their comments to the ERD telephone numbers and
email addresses at which their representatives may be reached.
Interested parties may submit their comments via:
(1) Email to FRA at: <a href="/cdn-cgi/l/email-protection#a6e0f4e7f1c7cfd0c3d4d5e6c2c9d288c1c9d0"><span class="__cf_email__" data-cfemail="c781958690a6aeb1a2b5b487a3a8b3e9a0a8b1">[email protected]</span></a>; and
(2) Electronically via the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Any comments or information sent directly to FRA will be immediately
provided to the DOT FeP for inclusion in the ERD.
* * * * *
Issued in Washington, DC.
Kyle D. Fields,
Chief Counsel.
[FR Doc. 2025-12125 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-06-P
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