Rule2025-12129
Administrative Updates to the Federal Railroad Administration's State Safety Participation Regulations
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 state safety participation 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 28130-28134]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12129]
[[Page 28130]]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 212
[Docket No. FRA-2025-0080]
RIN 2130-AD07
Administrative Updates to the Federal Railroad Administration's
State Safety Participation Regulations
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 state safety
participation 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#fb8d9e89949592989ad59893928f8f9296bb9f948fd59c948d"><span class="__cf_email__" data-cfemail="314754435e5f5852501f5259584545585c71555e451f565e47">[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#09657c6a60676d6827616c677b60627a6c67496d667d276e667f"><span class="__cf_email__" data-cfemail="0e627b6d67606a6f20666b607c67657d6b604e6a617a20696178">[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 state safety
participation regulations in 49 CFR part 212. These changes include
updating addresses that are no longer valid in part 212.
II. Section-by-Section Analysis
Part 212
Sec. 212.3 Definitions
FRA is amending Sec. 212.3(b) to have the Associate Administrator
mean the ``Associate Administrator for Railroad Safety and Chief Safety
Officer.'' FRA is updating Sec. 212.3(d) to remove the individual
references to discrete safety laws, which are obsolete, and instead to
refer to the definition of Federal railroad safety laws in Sec. 209.3.
FRA is removing paragraph (g) as unnecessary.
Sec. 212.105 Agreements
FRA is revising paragraph (d)(2) to correct the spelling of the
word ``delegation'' and to make one editorial revision (change the word
``particular'' to ``specific''). FRA is removing existing paragraph
(e)(1)(iii) which requires a State's request for an FRA agreement to
allow that State to participate in FRA investigative and surveillance
activities to contain an opinion of counsel that State funds may be
used for purposes of participation in the FRA activities. FRA is
removing this requirement because, as a matter of current practice,
State participation agreements do not currently contain such language.
Sec. 212.109 Joint Planning of Inspections
FRA is removing and reserving Sec. 212.109. This section was
applicable in the early days of the FRA State participation program,
but is not currently applicable as FRA does not fund all State
inspector activities.
Sec. 212.113 Program Termination
FRA is revising paragraphs (a) and (b) to make editorial
corrections (change the phrase ``thirty (30) days notice'' to ``30-
days' notice'').
Sec. 212.115 Enforcement Actions
FRA is amending Sec. 212.115(c) to update references from ``FRA
Regional Director for Railroad Safety for the FRA region in which the
State is located'' to ``FRA Staff Director for the relevant technical
discipline.'' FRA will maintain a listing on its website of email
addresses for each technical discipline referenced in this rule (e.g.,
Track and Structures, Motive Power and Equipment) to facilitate
communication and submission of required documents to FRA. FRA is
removing a reference in Sec. 212.115(c)(2)(ii) to ``the Enforcement
Division'' of the ``Office of Chief Counsel,'' as that is an outdated
reference. FRA is also removing the mailing address for the Office of
the Chief Counsel and adding the email address <a href="/cdn-cgi/l/email-protection#edabbfaca1888a8c81ad898299c38a829b"><span class="__cf_email__" data-cfemail="feb8acbfb29b999f92be9a918ad0999188">[email protected]</span></a>.
Sec. 212.201 General Qualifications of State Inspection Personnel
FRA is revising paragraphs (a) through (d) to remove the references
to ``compliance inspector'' and to otherwise streamline the language.
First, in paragraph (a) FRA is replacing the reference to ``compliance
inspectors'' with the term ``journeyman inspector,'' which is commonly
understood to refer to a fully trained, qualified, and experienced
railroad safety inspector. In paragraphs (b) through (d), FRA is
removing the references to ``compliance inspector'' and ``apprentice
inspector'' to streamline the language of each paragraph. No
substantive change is intended.
Sec. 212.203 Track Inspector
FRA is revising paragraph (a) to remove the phrases ``the
institution of'' and ``to promote compliance.'' These are editorial
revisions intended to simplify the regulatory language and the
revisions make no substantive changes to this paragraph. FRA is also
making an editorial correction to paragraph (b) and adding a reference
to FRA's Railroad Workplace Safety Regulations (49 CFR part 214) in
paragraph (c) as FRA issued that regulation since part 212 was last
updated.
Sec. 212.207 Signal and Train Control (S&TC) Inspector
FRA is revising the title of Sec. 212.207 and paragraphs (a), (b),
and (c) to provide a shorthand reference to the phrase ``signal and
train control'' (i.e., S&TC). Consistent with the edits to Sec.
212.203, FRA is also revising paragraph (a) to remove the phrases ``the
institution of'' and ``to promote compliance.'' These are editorial
revisions intended to simplify the regulatory language and the
revisions make no substantive changes to this paragraph.
Sec. 212.209 Train Control Inspector
FRA is removing and reserving this section because it is
unnecessary given Sec. 212.207.
Sec. 212.211 Apprentice S&TC Inspector
Consistent with the edits in Sec. 212.207, FRA is revising the
title of Sec. 212.211 and paragraph (a) to provide a shorthand
reference to the phrase ``signal and train control.''
Sec. 212.213 Motive Power and Equipment (MP&E) Inspector
Consistent with the edits in Sec. 212.203, FRA is revising
paragraph (a) to remove the phrases ``the institution of'' and ``to
promote compliance.'' FRA is also revising paragraph (a) to include a
reference to 49 CFR part 224 (Reflectorization of Rail Freight Rolling
Stock) as FRA issued that regulation since part 212 was last updated.
Sec. 212.215 Locomotive Inspector
FRA is removing and reserving this section because locomotive
inspectors are considered MP&E inspectors under Sec. 212.213 and as
such, this section is unnecessary.
Sec. 212.217 Car Inspector
FRA is removing and reserving this section because car inspectors
are considered MP&E inspectors under Sec. 212.213 and as such, this
section is unnecessary.
[[Page 28131]]
Sec. 212.221 Operating Practices Inspector
Consistent with the edits in Sec. Sec. 212.203 and 212.213, FRA is
revising paragraph (a) to remove the phrases ``the institution of'' and
``to promote compliance.'' FRA is also revising paragraph (a) to
include references to parts 240 and 242 as FRA issued those regulations
since part 212 was last updated.
Sec. 212.223 Operating Practices Compliance Inspector
FRA is removing and reserving this section because the term
``compliance inspector'' is outdated and operating practices inspectors
are addressed in Sec. 212.221.
Sec. 212.227 Hazardous Materials Inspector
Consistent with the edits in Sec. Sec. 212.203, 212.213, and
212.221, FRA is revising paragraph (a) to remove the phrases ``the
institution of'' and ``to promote compliance.''
Sec. 212.231 Highway-Rail Grade Crossing Inspector
To reflect the RRS reorganization, FRA is revising the title of
this section and all references to ``highway-rail grade crossing
inspector'' in the section to ``grade crossing and trespasser outreach
inspector.'' Consistent with the edits in Sec. Sec. 212.203, 212.213,
212.221, and 212.227, FRA is also revising paragraph (a) to remove the
phrases ``the institution of'' and ``to promote compliance'' and
consistent with the changes to Sec. 212.207, FRA is revising paragraph
(d) to refer to a ``State S&TC inspector.''
Sec. 212.233 Apprentice Highway-Rail Grade Crossing Inspector
Consistent with the edits to Sec. 212.231, FRA is revising the
title of this section to ``Apprentice grade crossing and trespasser
inspector'' and is revising the inspector reference in paragraph (a) to
be consistent with Sec. 212.231.
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 and addressing the
RRS reorganization in the CFR, this final rule imparts no additional
burdens on regulated entities. Moreover, this rule will provide some
qualitative benefits to regulated entities, by clarifying, simplifying,
and updating the language of part 212, including removing references to
obsolete laws.
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 are no new information requirements contained in this final
rule and, in accordance with the Paperwork Reduction Act of 1995, 44
U.S.C. 3501 et seq., an information collection submission to the Office
of Management and Budget (OMB) is not required. The recordkeeping and
reporting requirements already contained in part 212 were approved by
OMB on November 1, 2022. The information collection requirements of
this rule thereby became effective when they were approved by OMB. The
OMB approval number is OMB No. 2130-0509, and OMB approval expires on
November 30, 2025.
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
[[Page 28132]]
$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 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.
List of Subjects in 49 CFR Part 212
Hazardous materials transportation, Intergovernmental relations,
Investigations, Railroad safety.
The Final Rule
In consideration of the foregoing, FRA amends part 212 of chapter
II, subtitle B of title 49, Code of Federal Regulations as follows:
PART 212--STATE SAFETY PARTICIPATION REGULATIONS
0
1. The authority citation for part 212 is revised to read as follows:
Authority: 49 U.S.C. 20103, 20105, 20106, and 20113, and 49 CFR
1.89.
0
2. Amend Sec. 212.3 by
0
a. Revising paragraphs (b) and (d); and
0
b. Removing paragraph (g).
The revisions read as follows:
Sec. 212.3 Definitions.
* * * * *
(b) Associate Administrator means the Associate Administrator for
Railroad Safety and Chief Safety Officer.
* * * * *
(d) Federal railroad safety laws has the meaning assigned to that
term by 49 CFR 209.3.
* * * * *
0
3. Revise Sec. 212.105(d)(2) and (e)(1) to read as follows:
Sec. 212.105 Agreements.
* * * * *
(d) * * *
(2) The delegation is effective only to the extent it is carried
out through personnel recognized by the State and FRA (pursuant to
subpart C of this part) to be qualified to perform the specific
investigative and surveillance activities to which the personnel are
assigned; and
* * * * *
(e) * * *
(1) An opinion of the counsel for the State agency stating that:
(i) The agency has jurisdiction over the safety practices of the
facilities, equipment, rolling stock, and operations of railroads in
that State and whether the agency has jurisdiction over shippers and
manufacturers; and
(ii) The agency has the authority and capability to conduct
investigative and surveillance activities in connection with the rules,
regulations, orders, and standards issued by the Administrator under
the Federal railroad safety laws.
* * * * *
Sec. 212.109 [Removed and Reserved]
0
4. Remove and reserve Sec. 212.109.
0
5. Amend Sec. 212.113 by revising paragraphs (a) and (b) introductory
text to read as follows:
Sec. 212.113 Program termination.
(a) A State agency participating in investigative and surveillance
activities by agreement or certification shall provide 30-days' notice
of its intent to terminate its participation.
(b) The Administrator may, on his or her own initiative, terminate
the participation of a State agency if, after at least 30-days' notice
and an opportunity for oral hearing under section 553 of title 5
U.S.C., the State does not establish that it has complied and is
complying with:
* * * * *
0
6. Revise Sec. 212.115(c) to read as follows:
Sec. 212.115 Enforcement actions.
* * * * *
(c)(1) Requests for civil penalty assessments and other
administrative actions shall be submitted to the FRA Staff Director for
the relevant technical discipline.
(2) Requests for the institution of injunctive actions shall be
submitted simultaneously to--
(i) The FRA Staff Director for the relevant technical discipline;
and
(ii) The Office of the Chief Counsel, FRA, <a href="/cdn-cgi/l/email-protection#206672616c4547414c60444f540e474f56"><span class="__cf_email__" data-cfemail="682e3a29240d0f0904280c071c460f071e">[email protected]</span></a>.
0
7. Revise Sec. 212.201(a), (b), (c), and (d) to read as follows:
Sec. 212.201 General qualifications of State inspection personnel.
(a) This subpart prescribes the minimum qualification requirements
for State railroad safety inspectors, including journeyman and
inspector apprentices. A State may establish more stringent or
additional requirements for its employees.
(b) An inspector shall be recognized as qualified under this part
by the State agency and the Associate Administrator prior to assuming
the responsibilities of the position.
(c) Each inspector shall be a bona fide employee of the State
agency.
(d) Each inspector shall demonstrate:
* * * * *
0
8. Revise and republish Sec. 212.203 to read as follows:
Sec. 212.203 Track inspector.
(a) The track inspector is required, at a minimum, to be able to
conduct independent inspections of track structures for the purpose of
determining compliance with the Track Safety Standards (49 CFR part
213), to make reports of those inspections, and to recommend
enforcement actions when appropriate.
(b) The track inspector is required, at a minimum, to have at least
four years of recent experience in track construction or maintenance. A
bachelor's degree in engineering or a related technical specialization
may be substituted for two of the four years of this experience
requirement. Successful
[[Page 28133]]
completion of the apprentice training program may be substituted for
the four years of this experience requirement.
(c) The track inspector shall demonstrate the following specific
qualifications:
(1) A comprehensive knowledge of track nomenclature, track
inspection techniques, track maintenance methods, and track equipment;
(2) The ability to understand and detect deviations from:
(i) Track maintenance standards accepted in the industry;
(ii) The Track Safety Standards (49 CFR part 213); and
(iii) Railroad Workplace Safety Standards (49 CFR part 214).
(3) Knowledge of operating practices and vehicle/track interaction
sufficient to understand the safety significance of deviations and
combinations of deviations; and
(4) Specialized knowledge of the requirements of the Track Safety
Standards, including the remedial action required to bring defective
track into compliance with the standards.
0
9. Revise Sec. 212.207 to read as follows:
Sec. 212.207 Signal and train control (S&TC) inspector.
(a) The S&TC inspector is required, at a minimum, to be able to
conduct independent inspections of all types of signal and train
control systems for the purpose of determining compliance with the
Rules, Standards, and Instructions for Railroad Signal Systems (49 CFR
part 236), to make reports of those inspections, and to recommend
enforcement actions when appropriate.
(b) The S&TC inspector is required, at a minimum, to have at least
four years of recent experience in signal construction or maintenance.
A bachelor's degree in electrical engineering or a related technical
specialization may be substituted for two of the four years of this
experience requirement and successful completion of the apprentice
training program may be substituted for the four years of this
requirement.
(c) The S&TC inspector shall demonstrate the following specific
qualifications:
(1) A comprehensive knowledge of S&TC systems, maintenance
practices, test and inspection techniques;
(2) The ability to understand and detect deviations from:
(i) S&TC maintenance standards accepted in the industry; and
(ii) The Rules, Standards and Instructions for Railroad Signal
Systems (49 CFR part 236).
(3) The ability to examine plans and records, to make inspections
of S&TC systems and to determine adequacy of stopping distances from
prescribed speeds;
(4) Knowledge of operating practices and signal systems sufficient
to understand the safety significance of deviations and combination of
deviations; and
(5) Specialized knowledge of the requirements of the Rules,
Standards and Instructions for Railroad Signal Systems, including the
remedial action required to bring S&TC systems into compliance with the
standards.
Sec. 212.209 [Removed and Reserved]
0
10. Remove and reserve Sec. 212.209.
0
11. Revise Sec. 212.211 to read as follows:
Sec. 212.211 Apprentice S&TC inspector.
(a) The apprentice S&TC inspector must be enrolled in a program of
training prescribed by the Associate Administrator leading to
qualification as a S&TC inspector. The apprentice inspector may not
participate in the investigative and surveillance activities, except as
an assistant to a qualified State or FRA inspector while accompanying
that qualified inspector.
(b) Prior to being enrolled in the program the apprentice inspector
shall demonstrate:
(1) Working knowledge of basic electricity and the ability to use
electrical test equipment in direct current and alternating current
circuits; and
(2) A basic knowledge of S&TC inspection and maintenance methods
and procedures.
0
12. Revise Sec. 212.213(a) to read as follows:
Sec. 212.213 Motive power and equipment (MP&E) inspector.
(a) The MP&E inspector is required, at a minimum, to be able to
conduct independent inspections of railroad equipment for the purpose
of determining compliance with all sections of the Freight Car Safety
Standards (49 CFR part 215), Safety Glazing Standards (49 CFR part
223), Reflectorization of Rail Freight Rolling Stock (49 CFR part 224),
Locomotive Safety Standards (49 CFR part 229), Safety Appliance
Standards (49 CFR part 231), and Power Brake Standards (49 CFR part
232), to make reports of those inspections and to recommend enforcement
actions when appropriate.
* * * * *
Sec. 212.215 [Removed and Reserved]
0
13. Remove and reserve Sec. 212.215.
Sec. 212.217 [Removed and Reserved]
0
14. Remove and reserve Sec. 212.217.
0
15. Revise Sec. 212.221(a) to read as follows:
Sec. 212.221 Operating practices inspector.
(a) The operating practices inspector is required, at a minimum, to
be able to conduct independent inspections for the purposes of
determining compliance with all sections of the Federal operating
practice regulations (49 CFR parts 217, 218, 219, 220, 221, 225, 228,
240, and 242) and the Hours of Service Act (45 U.S.C. 61-64b), to make
reports of those inspections, and to recommend enforcement actions when
appropriate.
* * * * *
Sec. 212.223 [Removed and Reserved]
0
16. Remove and reserve Sec. 212.223.
0
17. Revise Sec. 212.227(a) to read as follows:
Sec. 212.227 Hazardous materials inspector.
(a) The hazardous materials inspector is required, at a minimum, to
be able to conduct independent inspections to determine compliance with
all pertinent sections of the Federal hazardous materials regulations
(49 CFR parts 171 through 174, and 179), to make reports of those
inspections and findings, and to recommend enforcement actions when
appropriate.
* * * * *
0
18. Revise and republish Sec. 212.231 to read as follows:
Sec. 212.231 Grade crossing and trespasser outreach inspector.
(a) The grade crossing and trespasser outreach inspector is
required, at a minimum, to be able to conduct independent inspections
of all types of highway-rail grade crossing warning systems for the
purpose of determining compliance with Grade Crossing Signal System
Safety Rules (49 CFR part 234), to make reports of those inspections,
and to recommend enforcement actions when appropriate.
(b) The grade crossing and trespasser outreach inspector is
required, at a minimum, to have at least four years of recent
experience in highway-rail grade crossing construction or maintenance.
A bachelor's degree in engineering or a related technical
specialization may be substituted for two of the four years of this
experience requirement. Successful completion of an apprentice training
program under Sec. 212.233 may be substituted for the four years of
this experience requirement.
(c) The grade crossing and trespasser outreach inspector shall
demonstrate the following specific qualifications:
[[Page 28134]]
(1) A comprehensive knowledge of highway-rail grade crossing
nomenclature, inspection techniques, maintenance requirements, and
methods;
(2) The ability to understand and detect deviations from:
(i) Grade crossing signal system maintenance, inspection and
testing standards accepted in the industry; and
(ii) The Grade Crossing Signal System Safety Rules (49 CFR part
234);
(3) Knowledge of operating practices and highway-rail grade
crossing systems sufficient to understand the safety significance of
deviations and combinations of deviations from Sec. 212.231(c)(2) (i)
and (ii);
(4) Specialized knowledge of the requirements of the Grade Crossing
Signal System Safety Rules (49 CFR part 234), including the remedial
action required to bring highway-rail grade crossing signal systems
into compliance with those Rules;
(5) Specialized knowledge of highway-rail grade crossing standards
contained in the Manual on Uniform Traffic Control Devices; and
(6) Knowledge of railroad signal systems sufficient to ensure that
highway-rail grade crossing warning systems and inspections of those
systems do not adversely affect the safety of railroad signal systems.
(d) A State S&TC inspector qualified under this part and who has
demonstrated the ability to understand and detect deviations from the
Grade Crossing Signal System Safety Rules (49 CFR part 234) is deemed
to meet all requirements of this section and is qualified to conduct
independent inspections of all types of highway-rail grade crossing
warning systems for the purpose of determining compliance with Grade
Crossing Signal System Safety Rules (49 CFR part 234), to make reports
of those inspections, and to recommend enforcement actions when
appropriate.
0
19. Revise Sec. 212.233(a) to read as follows:
Sec. 212.233 Apprentice grade crossing and trespasser inspector.
(a) An apprentice grade crossing and trespasser inspector shall be
enrolled in a program of training prescribed by the Associate
Administrator for Railroad Safety leading to qualification as a grade
crossing and trespasser inspector. The apprentice inspector may not
participate in investigative and surveillance activities, except as an
assistant to a qualified State or FRA inspector while accompanying that
qualified inspector.
* * * * *
Issued in Washington, DC.
Kyle D. Fields,
Chief Counsel.
[FR Doc. 2025-12129 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-06-P
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