Rule2025-12133
Administrative Updates to the Passenger Train Employee Hours of Service; Recordkeeping and Reporting; Sleeping Quarters Regulations
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 passenger train employee hours of service and recordkeeping 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 28162-28163]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12133]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 228
[Docket No. FRA-2025-0095]
RIN 2130-AD26
Administrative Updates to the Passenger Train Employee Hours of
Service; Recordkeeping and Reporting; Sleeping Quarters 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 passenger
train employee hours of service and recordkeeping 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#8cfae9fee3e2e5efeda2efe4e5f8f8e5e1cce8e3f8a2ebe3fa"><span class="__cf_email__" data-cfemail="ceb8abbca1a0a7adafe0ada6a7babaa7a38eaaa1bae0a9a1b8">[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#f09c8593999e9491de98959e82999b83959eb0949f84de979f86"><span class="__cf_email__" data-cfemail="a5c9d0c6cccbc1c48bcdc0cbd7ccced6c0cbe5c1cad18bc2cad3">[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 regulations in
49 CFR part 228. These changes include updating addresses that are no
longer valid.
II. Section-by-Section Analysis
Part 228
Sec. 228.6 Penalties.
FRA is changing Sec. 228.6(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 parenthetical from 1 U.S.C. 1 to
49 U.S.C. 21301.
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 such as 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, referring
readers to the CFR, and updating web 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 the language of part 228 and directing the
regulated entities to the appropriate sites in the CFR.
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)
[[Page 28163]]
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
This rule offers regulatory flexibilities, and it contains no new
information collection requirements under the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501-3520), therefore, a submission to the Office of
Management and Budget (OMB) is not required. The recordkeeping and
reporting requirements already contained in part 228 became effective
when they were approved by OMB on April 30, 2025. The OMB Control No.
is 2130-0005 and the expiration date is April 30, 2028.
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
49 CFR Part 228
Penalties, Railroad employees, Reporting and recordkeeping
requirements.
The Final Rule
In consideration of the foregoing, FRA amends part 228 of chapter
II, subtitle B of title 49, Code of Federal Regulations as follows:
PART 228--PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING
AND REPORTING; SLEEPING QUARTERS
0
1. The authority citation for part 228 continues to read as follows:
Authority: 49 U.S.C. 103, 20103, 20107, 21101-21109; 21301,
21303, 21304, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89.
0
2. Revise Sec. 228.6(a) to read as follows:
Sec. 228.6 Penalties.
(a) Civil penalties. Any person (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; and any employee of such owner, manufacturer, lessor, lessee,
or independent contractor) who 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. 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. Violations of the hours of service laws
themselves (e.g., requiring an employee to work excessive hours or
beginning construction of sleeping quarters subject to approval under
subpart C of this part without prior approval) are subject to penalty
under 49 U.S.C. 21303.
* * * * *
Issued in Washington, DC.
Kyle D. Fields,
Chief Counsel.
[FR Doc. 2025-12133 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-06-P
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