Proposed Rule2025-12158
Permitting Use of Virtual Simulation for Periodic Refresher Training on Brake Systems
Primary source
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Published
July 1, 2025
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
FRA proposes to allow railroads to use three-dimensional virtual simulation to satisfy the hands-on portion of periodic refresher training under FRA's brake system training requirements, consistent with waivers FRA has granted to date. FRA has found that such virtual training provides employees with randomized scenarios that may not be readily available for hands-on training and real-time feedback on performance of duties.
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)]
[Proposed Rules]
[Pages 28667-28669]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12158]
[[Page 28667]]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 232
[Docket No. FRA-2025-0127]
RIN 2130-AD51
Permitting Use of Virtual Simulation for Periodic Refresher
Training on Brake Systems
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: FRA proposes to allow railroads to use three-dimensional
virtual simulation to satisfy the hands-on portion of periodic
refresher training under FRA's brake system training requirements,
consistent with waivers FRA has granted to date. FRA has found that
such virtual training provides employees with randomized scenarios that
may not be readily available for hands-on training and real-time
feedback on performance of duties.
DATES: Comments on the proposed rule must be received by September 2,
2025. FRA may consider comments received after that date, but only to
the extent practicable.
ADDRESSES:
Comments: Comments related to Docket No. FRA-2025-0127 may be
submitted by going to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and following the
online instructions for submitting comments.
Instructions: All submissions must include the agency name, docket
number (FRA-2025-0127), and Regulatory Identification Number (RIN) for
this rulemaking (2130-AD51). All comments received will be posted
without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>; this includes any
personal information. Please see the Privacy Act heading in the
SUPPLEMENTARY INFORMATION section of this document for Privacy Act
information related to any submitted comments or materials.
Docket: For access to the docket to read background documents or
comments received, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and follow the
online instructions for accessing the docket.
FOR FURTHER INFORMATION CONTACT: Lance Hawks, Human Performance
Specialist, Safety Partnerships Division, Federal Railroad
Administration, telephone: (678) 633-7400, email: <a href="/cdn-cgi/l/email-protection#4509242b26206b0d24322e3605212a316b222a33"><span class="__cf_email__" data-cfemail="d09cb1beb3b5fe98b1a7bba390b4bfa4feb7bfa6">[email protected]</span></a>;
or Jason Schlosberg, Attorney Adviser, Federal Railroad Administration,
telephone: (202) 302-7218, email: <a href="/cdn-cgi/l/email-protection#347e55475b5a1a67575c585b475651465374505b401a535b42"><span class="__cf_email__" data-cfemail="317b50425e5f1f6252595d5e425354435671555e451f565e47">[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, FRA is reviewing its regulatory requirements in
parts 200 through 299 of title 49, Code of Federal Regulations (CFR).
Under 49 CFR part 232, FRA prescribes Federal safety standards for
freight and other non-passenger train brake systems and equipment.
Based on its review, FRA has preliminarily determined that periodic
refresher training requirements in Sec. 232.203(b)(8) could be updated
to permit railroads to use three-dimensional virtual simulation to meet
the hands-on portion of the refresher training requirement. Please
review the Section-by-Section Analysis below for the relevant
information related to FRA's proposed change.
II. Section-by-Section Analysis
Section 232.203 Training Requirements
FRA proposes to amend paragraph (b)(8) of this section to permit
railroads to use three-dimensional virtual simulation to meet the
hands-on portion of the periodic refresher training requirement. This
section generally requires railroads to adopt and comply with a
training, qualification, and designation program for employees who
perform brake system inspections, tests, or maintenance. Currently,
paragraph (b)(8) of this section specifies, in part, that a railroad's
program must require periodic refresher training that includes
classroom and hands-on training. Paragraph (b)(8) further provides that
observation and evaluation of actual performance of duties may be used
to meet the hands-on training requirement.
FRA's proposal would amend paragraph (b)(8) specifically to include
three-dimensional virtual simulation as another way to meet the hands-
on refresher training requirement, in addition to observation and
evaluation of actual performance of duties. This proposal is consistent
with waivers FRA has granted to several Class I freight railroads to
use three-dimensional virtual simulation to meet the hands-on refresher
training requirement.\1\ FRA first granted this relief to BNSF Railway
(BNSF) in 2012 in a waiver that allowed BNSF to use a three-dimensional
virtual simulation using web-based and desktop software, called the Air
Brake System Virtual Training Environment (ABSVTE), to satisfy the
hands-on portion of the periodic refresher training requirement for
train, yard, and engine service employees.\2\ Since that time, BNSF
reports having provided such virtual refresher training using ABSVTE in
over 72,000 training events, representing training provided to over
25,000 employees. At the same time, BNSF's number of reportable brake-
related defects has trended downward. FRA subsequently provided similar
relief to the Norfolk Southern Railway (NS), CSX Transportation, Inc.
(CSX), and the Canadian National Railway (CN).\3\
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\1\ See Docket Nos. FRA-2011-0074, FRA-2018-0100, FRA-2020-0008,
and FRA-2020-0087 on <a href="http://www.regulations.gov">www.regulations.gov</a>.
\2\ See <a href="https://www.regulations.gov/document/FRA-2011-0074-0011">https://www.regulations.gov/document/FRA-2011-0074-0011</a>.
\3\ See Docket Nos. FRA-2018-0100 (NS); FRA-2020-0008 (CSX); and
FRA-2020-0087 (CN) on <a href="http://www.regulations.gov">www.regulations.gov</a>.
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Different types of freight equipment move across the nation's rail
network, freely interchangeable between railroads. As a result, FRA has
found that three-dimensional virtual simulation provides employees with
randomized scenarios on equipment types that may not otherwise be
readily available for hands-on training, as well as allows for real-
time feedback on employee performance of duties. Three-dimensional
virtual simulation training may also provide for more consistent
training across employees and reduce the risk of hazards or potential
injury that may occur in a field training setting. Accordingly, FRA
proposes to amend Sec. 232.203(b)(8) to provide railroads the
flexibility to use three-dimensional virtual simulation to meet the
hands-on refresher training requirement.
III. Regulatory Impact and Notices
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review) and
DOT Regulatory Policies and Procedures
FRA has considered the impact of this proposed rule under 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 NPRM is not
a significant regulatory action under section 3(f) of E.O. 12866.
[[Page 28668]]
FRA proposes to amend Sec. 232.203(b)(8) to permit railroads to use
three-dimensional virtual simulation to meet the hands-on refresher
training requirement for employees who perform brake system
inspections, tests, or maintenance.
FRA analyzed the potential costs and benefits of this proposed
rule. This rule proposes to allow railroads to use three-dimensional
virtual simulation to satisfy the hands-on portion of periodic
refresher training for employees who perform brake system inspections,
tests, or maintenance. This rule would provide some qualitative
benefits as it would enable training to become more consistent across
employees, provide an alternative method to satisfy the hands-on
portion of the periodic refresher training requirement, reduce the risk
of potential hazards or injury that may occur in a field training
environment, and facilitate real-time feedback on performance of
duties. This rule, if finalized as proposed, would result in cost
savings. Railroads would no longer be required to submit waiver
requests to be able to use virtual simulation for hands-on training
under Sec. 232.203(b)(8). In addition, all railroads, not just those
granted a waiver, would have the flexibility to use three-dimensional
virtual simulation to satisfy the hands-on portion of the periodic
refresher training requirement.
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.'' \4\ Implementation guidance for E.O. 14192 issued by OMB
(Memorandum M-25-20, Mar. 26, 2025) defines two different types of E.O.
14192 actions: an E.O. 14192 deregulatory action, and an E.O. 14192
regulatory action.\5\
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\4\ Executive Office of the President. Executive Order 14192 of
January 31, 2025. Unleashing Prosperity Through Deregulation. 90 FR
9065-9067 (Feb. 6, 2025).
\5\ 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 proposed
rulemaking is expected to have total costs less than zero, and
therefore it would be considered an E.O. 14192 deregulatory action upon
issuance of a final rule. While FRA affirms that each amendment
proposed in this NPRM has a cost that is negligible or ``less than
zero'' consistent with E.O. 14192, FRA requests comment on the extent
of the cost savings for the changes proposed in this NPRM.
C. Regulatory Flexibility Act and E.O. 13272
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended
by the Small Business Regulatory Enforcement Fairness Act of 1996,\6\
requires Federal agencies to consider the effects of the regulatory
action on small business and other small entities and to minimize any
significant economic impact. Accordingly, DOT policy requires an
analysis of the impact of all regulations on small entities, and
mandates that agencies strive to lessen any adverse effects on these
businesses. The term small entities comprises small businesses and not-
for-profit organizations that are independently owned and operated and
are not dominant in their fields, and governmental jurisdictions with
populations of less than 50,000 (5 U.S.C. 601(6)).
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\6\ Public Law 104-121, 110 Stat. 857 (Mar. 29, 1996).
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No regulatory flexibility analysis is required, however, if the
head of an Agency or an appropriate designee certifies that the rule
will not have a significant economic impact on a substantial number of
small entities. This proposed rule would not preclude small entities
from continuing practices that comply with part 232; it merely offers
flexibilities that could result in cost savings, if a small entity or
other regulated entity chooses to utilize those flexibilities. By
extending this regulatory relief, many regulated entities, including
small entities, would experience a cost savings. Consequently, FRA
certifies that the proposed action would not have a significant
economic impact on a substantial number of small entities.
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857), FRA
wants to assist small entities in understanding this proposed rule so
they can better evaluate its effects on themselves and participate in
the rulemaking initiative. If the proposed rule would affect your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
consult the person listed under FOR FURTHER INFORMATION CONTACT.
D. Paperwork Reduction Act
This proposed rule offers regulatory flexibilities, and it contains
no new information collection requirements under the Paperwork
Reduction Act of 1995, 44 U.S.C. 3501, et seq. Therefore, an
information collection submission to OMB is not required. The
recordkeeping and reporting requirements already contained in part 232
became effective when it was approved by OMB on April 24, 2024. The OMB
control number is 2130-0506, and the OMB approval expires on April 30,
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.
Pursuant to Section 106 of the National Historic Preservation Act
and its implementing regulations, FRA has determined this undertaking
has no potential to affect historic properties. FRA has also determined
that this rulemaking does not approve a project resulting in a use of a
resource protected by Section 4(f).
F. Federalism Implications
This proposed rule would 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 proposed rule would 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.
[[Page 28669]]
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 proposed rule
in accordance with E.O. 13211 and determined that this proposed rule is
not a ``significant energy action'' within the meaning of E.O. 13211.
I. E.O. 13175 (Tribal Consultation)
FRA has evaluated this proposed rule in accordance with the
principles and criteria contained in E.O. 13175, Consultation and
Coordination with Indian Tribal Governments (Nov. 6, 2000). The
proposed 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 \7\ 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.
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\7\ 19 U.S.C. ch. 13.
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K. Privacy Act Statement
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, as described in
the system of records notice, DOT/ALL-14 FDMS, accessible through
<a href="http://www.transportation.gov/privacy">www.transportation.gov/privacy</a>. To facilitate comment tracking and
response, we encourage commenters to provide their name, or the name of
their organization; however, submission of names is completely
optional. Whether or not commenters identify themselves, all timely
comments will be fully considered. If you wish to provide comments
containing proprietary or confidential information, please contact the
agency for alternate submission instructions.
L. Rulemaking Summary
As required by 5 U.S.C. 553(b)(4), a summary of this rule can be
found at <a href="http://regulations.gov">regulations.gov</a>, Docket No. FRA-2025-0127, in the SUMMARY
section of this proposed rule.
List of Subjects in 49 CFR Part 232
Penalties; Railroad safety; Reporting and recordkeeping
requirements.
The Proposed Rule
For the reasons discussed in the preamble, FRA proposes to amend
part 232 of chapter II, subtitle B of title 49, Code of Federal
Regulations as follows:
PART 232--BRAKE SYSTEM SAFETY STANDARDS FOR FREIGHT AND OTHER NON-
PASSENGER TRAINS AND EQUIPMENT; END-OF-TRAIN DEVICES
0
1. The authority citation for part 232 continues to read as follows:
Authority: 49 U.S.C. 20102-20103, 20107, 20133, 20141, 20301-
20303, 20306, 21301-20302, 21304; 28 U.S.C. 2461, note; and 49 CFR
1.89.
0
2. Amend Sec. 232.203 by revising the second sentence of paragraph
(b)(8) to read as follows:
Sec. 232.203 Training requirements.
* * * * *
(b) * * *
(8) * * * Observation and evaluation of actual performance of
duties or three-dimensional virtual simulation may be used to meet the
``hands-on'' portion of this requirement, provided that such testing or
training is documented as required in paragraph (e) of this section;
and
* * * * *
Issued in Washington, DC.
Kyle D. Fields,
Chief Counsel.
[FR Doc. 2025-12158 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-06-P
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