Rule2025-12160
Administrative Updates to the Bridge Safety Standards 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 bridge safety standards 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 28183-28185]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12160]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 237
[Docket No. FRA-2025-0105]
RIN 2130-AD40
Administrative Updates to the Bridge Safety Standards 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 bridge safety
standards regulations, including updating addresses in those
regulations.
DATES: Effective date: 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="b5c3d0c7dadbdcd6d49bd6dddcc1c1dcd8f5d1dac19bd2dac3">[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#7c10091f1512181d521419120e15170f19123c181308521b130a"><span class="__cf_email__" data-cfemail="80ecf5e3e9eee4e1aee8e5eef2e9ebf3e5eec0e4eff4aee7eff6">[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 237. These changes include updating addresses that are no
longer valid.
II. Section-by-Section Analysis
Part 237
Sec. 237.3 Responsibility for Compliance
FRA is amending Sec. 237.3(b) to add a requirement that an email
address for the track owner and an email address for the person to whom
responsibility is assigned be provided. FRA is also amending this
section to replace the phrase ``appropriate FRA Regional Office'' with
``FRA Track and Structures Division.'' These amendments are being made
to ensure information gets to the agency subject matter expert in the
specific discipline.
Sec. 237.7 Penalties
FRA is amending Sec. 237.7(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 this section 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 237 and
directing the regulated entities to the appropriate sites in the CFR as
well as the appropriate agency subject matter expert in the specific
discipline.
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 28184]]
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
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 237 became effective
when they were approved by OMB on February 27, 2023. The OMB Control
No. is 2130-0586 and the expiration date is February 28, 2026.
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 237
Bridges, Penalties, Railroad safety, Reporting and recordkeeping
requirements.
The Final Rule
In consideration of the foregoing, FRA amends part 237 of chapter
II, subtitle B of title 49, Code of Federal Regulations as follows:
PART 237--BRIDGE SAFETY STANDARDS
0
1. The authority citation for part 237 is revised to read as follows:
Authority: 49 U.S.C. 20102-20114; 28 U.S.C. 2461 note; and 49
CFR 1.89.
0
2. Revise 237.3(b) to read as follows:
Sec. 237.3 Responsibility for compliance.
* * * * *
(b) If an owner of track to which this part applies assigns
responsibility for the bridges that carry the track to another person
(by lease or otherwise), written notification of the assignment shall
be provided to the FRA 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--
(1) The name, address, and email address of the track owner;
(2) The name, address, and email address of the person to whom
responsibility is assigned (assignee);
(3) A statement of the exact relationship between the track owner
and the assignee;
(4) A precise identification of the track segment and the
individual bridges in the assignment;
(5) A statement as to the competence and ability of the assignee to
carry out the bridge safety duties of the track owner under this part;
and
(6) A statement signed by the assignee acknowledging the assignment
to the person of responsibility for purposes of compliance with this
part.
* * * * *
0
3. Revise Sec. 237.7(a) to read as follows:
Sec. 237.7 Penalties.
(a) Any person 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 a grossly
negligent violation, or a pattern of repeated violations, has created
an imminent hazard of death or injury to persons; or a death or injury
has occurred. See 49 CFR part 209,
[[Page 28185]]
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 Administrator of the
Federal Railroad Administration to be responsible under Sec. 237.3(d).
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.
* * * * *
Issued in Washington, DC.
Kyle D. Fields,
Chief Counsel.
[FR Doc. 2025-12160 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-06-P
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