Rule2025-12126
Administrative Updates to the Federal Railroad Administration's Track Safety Standards
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 track safety standards, 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 28134-28136]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12126]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 213
[Docket No. FRA-2025-0081]
RIN 2130-AD08
Administrative Updates to the Federal Railroad Administration's
Track Safety Standards
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 track safety
standards, 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#ec9a899e8382858f8dc28f848598988581ac888398c28b839a"><span class="__cf_email__" data-cfemail="324457405d5c5b51531c515a5b46465b5f72565d461c555d44">[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#117d6472787f75703f79747f63787a62747f51757e653f767e67"><span class="__cf_email__" data-cfemail="d0bca5b3b9beb4b1feb8b5bea2b9bba3b5be90b4bfa4feb7bfa6">[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 track safety
standards in 49 CFR part 213. These changes include updating addresses
that are no longer valid.
II. Section-by-Section Analysis
Part 213
Sec. 213.4 Excepted Track
FRA is amending Sec. 213.4(f) to update the reference from ``the
appropriate FRA Regional Office'' to ``FRA's Track and Structures
Division.'' This is to ensure information gets to the agency subject
matter expert in the relevant technical discipline. FRA will maintain a
listing on its website of email addresses for each Division referenced
in this rule.
Sec. 213.5 Responsibility for Compliance
FRA is amending Sec. 213.5(c) to update the reference from ``the
appropriate FRA Regional Office'' to ``FRA's Track and Structures
Division.'' As mentioned above, this update is to ensure information
gets to the agency subject matter expert in the relevant technical
discipline.
Sec. 213.15 Penalties
To avoid the need to update this section every time the civil
penalty amounts are adjusted for inflation, FRA is changing Sec.
213.15(a) 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. FRA
is also amending this section to update the web address from
<a href="http://www.fra.dot.gov">www.fra.dot.gov</a> to <a href="https://railroads.dot.gov/">https://railroads.dot.gov/</a>. To be consistent with
other definitions of ``person,'' such as 49 CFR 270.5, FRA is updating
the reference in the definition of person from 1 U.S.C. 1 to 49 U.S.C.
21301.
Sec. 213.110 Gage Restraint Measurement Systems
FRA is amending 49 CFR 213.110(a)(1) and (2) to update the
references from ``the appropriate FRA Regional Office'' to ``FRA's
Track and Structures Division.''
Sec. 213.303 Responsibility for Compliance
FRA is amending Sec. 213.303(b) to update the reference from ``the
appropriate FRA Regional Office'' to ``FRA's Track and Structures
Division.''
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.
[[Page 28135]]
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 in the CFR, 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 213, 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.
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 the Office of Management and Budget (OMB) is not
required. The recordkeeping and reporting requirements already
contained in part 213 became effective when they were approved by OMB
on February 7, 2024. The OMB Control No. is 2130-0010 and the
expiration date is February 28, 2027.
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 213
Penalties, Railroad safety, Reporting and recordkeeping
requirements.
The Final Rule
In consideration of the foregoing, FRA amends part 213 of chapter
II, subtitle B of title 49, Code of Federal Regulations as follows:
PART 213--TRACK SAFETY STANDARDS
0
1. The authority citation for part 213 continues to read as follows:
Authority: 49 U.S.C. 20102-20114 and 20142; 28 U.S.C. 2461 note;
and 49 CFR 1.89.
[[Page 28136]]
0
2. Revise Sec. 213.4(f) to read as follows:
Sec. 213.4 Excepted track.
* * * * *
(f) A track owner shall advise the Track and Structures Division of
FRA's Office of Railroad Safety (Track and Structures Division) at
least 10 days prior to removal of a segment of track from excepted
status.
0
3. Revise Sec. 213.5(c) introductory text to read as follows:
Sec. 213.5 Responsibility for compliance.
* * * * *
(c) If an owner of track to which this part applies assigns
responsibility for the track to another person (by lease or otherwise),
written notification of the assignment shall be provided to FRA's Track
and Structures Division at least 30 days in advance of the assignment.
The notification may be made by any party to that assignment, but shall
be in writing and include the following--
* * * * *
0
4. Revise Sec. 213.15(a) to read as follows:
Sec. 213.15 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. ``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; and anyone held by the Federal Railroad
Administrator to be responsible under Sec. 213.5(d) or Sec.
213.303(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
5. Amend Sec. 213.110 by revising paragraphs (a)(1) and (2) to read as
follows:
Sec. 213.110 Gage restraint measurement systems.
(a) * * *
(1) The track owner notifies FRA's Track and Structures Division at
least 30 days prior to the designation of any line segment on which
GRMS technology will be implemented; and
(2) The track owner notifies FRA's Track and Structures Division at
least 10 days prior to the removal of any line segment from GRMS
designation.
* * * * *
0
6. Revise Sec. 213.303(b) introductory text to read as follows:
Sec. 213.303 Responsibility for compliance.
* * * * *
(b) If an owner of track to which this subpart applies assigns
responsibility for the track to another person (by lease or otherwise),
notification of the assignment shall be provided to FRA's Track and
Structures Division at least 30 days in advance of the assignment. The
notification may be made by any party to that assignment, but shall be
in writing and include the following--
* * * * *
Issued in Washington, DC.
Kyle D. Fields,
Chief Counsel.
[FR Doc. 2025-12126 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-06-P
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