Rule2025-12161
Administrative Updates to the Passenger Equipment 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 passenger equipment 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 28185-28188]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12161]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 238
[Docket No. FRA-2025-0106]
RIN 2130-AD41
Administrative Updates to the Passenger Equipment 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 passenger
equipment safety standards 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#bec8dbccd1d0d7dddf90ddd6d7cacad7d3fedad1ca90d9d1c8"><span class="__cf_email__" data-cfemail="cbbdaeb9a4a5a2a8aae5a8a3a2bfbfa2a68bafa4bfe5aca4bd">[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#0f637a6c66616b6e21676a617d66647c6a614f6b607b21686079"><span class="__cf_email__" data-cfemail="721e07111b1c16135c1a171c001b1901171c32161d065c151d04">[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 238. These changes include updating addresses that are no
longer valid.
II. Section-by-Section Analysis
Part 238
Sec. 238.11 Penalties
FRA is amending Sec. 238.11(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>.
Sec. 238.21 Special Approval Procedure
FRA is amending 49 CFR 238.21(b), (c), and (d) to require that an
email address be provided for the primary contact to be contacted with
respect to a petition for special approval, a petition for special
approval of alternative compliance, and a pre-revenue service
acceptance testing plan. FRA is also amending Sec. 238.21(d) to
require that the petition for special approval of the pre-revenue
service acceptance testing plan be submitted to <a href="/cdn-cgi/l/email-protection#3274607345535b4457404172565d461c555d44"><span class="__cf_email__" data-cfemail="195f4b586e78706f7c6b6a597d766d377e766f">[email protected]</span></a>.
Sec. 238.203 Static End Strength
FRA is amending Sec. 238.203(d) to require that an email address
be provided for the primary person to be contacted with respect to a
petition for grandfathering.
FRA is also amending Sec. 238.203(e) to require that each petition
be submitted to <a href="/cdn-cgi/l/email-protection#c7819586b0a6aeb1a2b5b487a3a8b3e9a0a8b1"><span class="__cf_email__" data-cfemail="a0e6f2e1d7c1c9d6c5d2d3e0c4cfd48ec7cfd6">[email protected]</span></a>. FRA is adding the word ``Railroad''
before ``Safety'' in the term ``Associate Administrator for Safety.''
FRA is also removing the mailing address.
Sec. 238.229 Safety Appliances--General
FRA is amending Sec. 238.229(d) by updating 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>.
Sec. 238.230 Safety Appliances--New Equipment
FRA is amending 49 CFR 238.230(c) and (e) by updating 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>.
Sec. 238.505 Program Approval Procedure
FRA is amending Sec. 238.505(a) to require submission of an
inspection, testing, and maintenance program via email to
<a href="/cdn-cgi/l/email-protection#2761756650464e514255546743485309404851"><span class="__cf_email__" data-cfemail="b2f4e0f3c5d3dbc4d7c0c1f2d6ddc69cd5ddc4">[email protected]</span></a>. FRA is amending this section by adding a
requirement that the program must contain an email address of the
primary person to be contacted with respect to review of the program.
FRA is adding the word ``Railroad'' before ``Safety'' in the term
``Associate Administrator for Safety.'' FRA is removing the mailing
address.
FRA is amending Sec. 238.505(b) by requiring submission of a
comment via email to <a href="/cdn-cgi/l/email-protection#3472667543555d4251464774505b401a535b42"><span class="__cf_email__" data-cfemail="5c1a0e1d2b3d352a392e2f1c383328723b332a">[email protected]</span></a>.
Appendix H Rigid Locomotive Design Computer Model Input Data and
Geometrical Depiction
FRA is amending the fourth sentence of paragraph (b) in appendix H
to part 238 by updating the web address from <a href="http://www.fra.dot.gov/eLib/details/L01292#p4_z50_gD_IRT">http://www.fra.dot.gov/eLib/details/L01292#p4_z50_gD_IRT</a> to <a href="https://railroads.dot.gov/elibrary/technical-criteria-and-procedures-evaluating-crashworthiness-and-occupant-protection#p4_z50_gD_IRT">https://railroads.dot.gov/elibrary/technical-criteria-and-procedures-evaluating-crashworthiness-and-occupant-protection#p4_z50_gD_IRT</a>.
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.
[[Page 28186]]
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 238 and
directing the regulated entities to the appropriate sites in the CFR.
Additionally, this final rule allows electronic methods, such as email,
for petitions. This will expedite the speed at which documents are
delivered while also reducing costs that would otherwise exist from
having to physically print, mail, and process documents.
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
This rule offers regulatory flexibilities, and there are no new
information collection requirements, 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 238 became effective when it was
approved by OMB on June 7, 2024. The OMB control number is 2130-0576,
and OMB approval expires on June 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.
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 238
Fire prevention, Passenger equipment, Penalties, Railroad safety,
Reporting and recordkeeping requirements.
The Final Rule
In consideration of the foregoing, FRA amends part 238 of chapter
II, subtitle B of title 49, Code of Federal Regulations as follows:
PART 238--PASSENGER EQUIPMENT SAFETY STANDARDS
0
1. The authority citation for part 238 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20133, 20141, 20302-20303,
20306, 20701-20702, 21301-21302, 21304; 28 U.S.C. 2461 note; and 49
CFR 1.89.
[[Page 28187]]
0
2. In Sec. 238.11, revise paragraph (a) to read as follows:
Sec. 238.11 Penalties.
(a) Any person, as defined in Sec. 238.5, 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,
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.
* * * * *
0
3. In Sec. 238.21, revise paragraphs (b)(1), (c)(1), and (d) to read
as follows:
Sec. 238.21 Special approval procedure.
* * * * *
(b) * * *
(1) The name, title, address, email address, and telephone number
of the primary person to be contacted with regard to review of the
petition;
* * * * *
(c) * * *
(1) The name, title, address, email address, and telephone number
of the primary person to be contacted with regard to the petition;
* * * * *
(d) Petitions for special approval of pre-revenue service
acceptance testing plan. (1) Each petition for special approval of a
pre-revenue service acceptance testing plan shall contain--
(i) The name, title, address, email address, and telephone number
of the primary person to be contacted with regard to review of the
petition; and
(ii) The elements prescribed in Sec. 238.111.
(2) Each petition for special approval of the pre-revenue service
acceptance testing plan shall be submitted to the Associate
Administrator, Federal Railroad Administration, via email to
<a href="/cdn-cgi/l/email-protection#9fd9cddee8fef6e9faedecdffbf0ebb1f8f0e9"><span class="__cf_email__" data-cfemail="7432263503151d0211060734101b005a131b02">[email protected]</span></a>.
* * * * *
0
4. In Sec. 238.203, revise paragraphs (d)(3)(i) and (e) to read as
follows:
Sec. 238.203 Static end strength.
* * * * *
(d) * * *
(3) * * *
(i) The name, title, address, email address, and telephone number
of the primary person to be contacted with respect to the petition;
* * * * *
(e) Service. Each petition shall be submitted to the Associate
Administrator for Railroad Safety, Federal Railroad Administration, via
email to <a href="/cdn-cgi/l/email-protection#1a5c485b6d7b736c7f68695a7e756e347d756c"><span class="__cf_email__" data-cfemail="94d2c6d5e3f5fde2f1e6e7d4f0fbe0baf3fbe2">[email protected]</span></a>.
* * * * *
0
5. In Sec. 238.229, revise the last sentence of paragraph (d) to read
as follows:
Sec. 238.229 Safety appliances--general.
* * * * *
(d) * * * When appropriate, civil penalties for improperly using or
hauling a piece of equipment with a defective welded safety appliance
or safety appliance bracket or support addressed in this section will
be assessed as an improperly applied safety appliance pursuant to the
penalty schedule on FRA's website at <a href="https://railroads.dot.gov/">https://railroads.dot.gov/</a> under
the appropriate defect code contained therein.
* * * * *
0
6. In Sec. 238.230, revise the last sentence of the introductory text
to paragraph (c) and the last sentence of paragraph (e) to read as
follows:
Sec. 238.230 Safety appliances--new equipment.
* * * * *
(c) * * * When appropriate, civil penalties for improperly using or
hauling a piece of equipment with a defective welded safety appliance
or safety appliance bracket or support addressed in this section will
be assessed pursuant to the penalty schedule on FRA's website at
<a href="https://railroads.dot.gov/">https://railroads.dot.gov/</a> under the appropriate defect code contained
therein.
* * * * *
(e) * * * Civil penalties will be assessed under part 231 of this
chapter by using the applicable defect code contained on FRA's website
at <a href="https://railroads.dot.gov/">https://railroads.dot.gov/</a>.
0
7. In Sec. 238.505, revise paragraphs (a) and (b)to read as follows:
Sec. 238.505 Program approval procedure.
(a) Submission. Not less than 90 days prior to commencing passenger
operations using Tier II passenger equipment, each railroad to which
this subpart applies shall submit for approval an inspection, testing,
and maintenance program for that equipment meeting the requirements of
this subpart with the Associate Administrator for Railroad Safety,
Federal Railroad Administration, via email to <a href="/cdn-cgi/l/email-protection#0b4d594a7c6a627d6e79784b6f647f256c647d"><span class="__cf_email__" data-cfemail="91d7c3d0e6f0f8e7f4e3e2d1f5fee5bff6fee7">[email protected]</span></a>. If a
railroad seeks to amend an approved program, the railroad shall file
with FRA's Associate Administrator for Railroad Safety a petition for
approval of such amendment not less than 60 days prior to the proposed
effective date of the amendment. A program responsive to the
requirements of this subpart or any amendment to the program shall not
be implemented prior to FRA approval.
(1) Each program or amendment under Sec. 238.503 shall contain:
(i) The information prescribed in Sec. 238.503 for such program or
amendment;
(ii) The name, title, address, email address and telephone number
of the primary person to be contacted with regard to review of the
program or amendment; and
(iii) A statement affirming that the railroad has served a copy of
the program or amendment on designated representatives of railroad
employees, together with a list of the names and addresses of persons
served.
(2) Each railroad shall serve a copy of each submission to FRA on
designated representatives of railroad employees responsible for the
equipment's operation, inspection, testing, and maintenance under this
subpart.
(b) Comment. Not later than 45 days from the date of filing the
program or amendment, any person may comment on the program or
amendment.
(1) Each comment shall set forth specifically the basis upon which
it is made, and contain a concise statement of the interest of the
commenter in the proceeding.
(2) Each comment shall be submitted to the Associate Administrator
for Railroad Safety, Federal Railroad Administration, via email to
<a href="/cdn-cgi/l/email-protection#88cedac9ffe9e1feedfafbc8ece7fca6efe7fe"><span class="__cf_email__" data-cfemail="feb8acbf899f97889b8c8dbe9a918ad0999188">[email protected]</span></a>.
(3) The commenter shall certify that a copy of the comment was
served on the railroad.
* * * * *
0
8. In appendix H, revise the fourth sentence of paragraph (b) to read
as follows:
Appendix H to Part 238--Rigid Locomotive Design Computer Model Input
Data and Geometrical Depiction
* * * * *
(b) * * * The input data is contained in appendix C to FRA's
Technical Criteria and Procedures Report, available at <a href="https://railroads.dot.gov/elibrary/technical-criteria-and-procedures-evaluating-crashworthiness-and-occupant-protection#p4__z50__gD__lRT">https://railroads.dot.gov/elibrary/technical-criteria-and-procedures-evaluating-crashworthiness-and-occupant-protection#p4__z50__gD__lRT</a>.
* * * * *
[[Page 28188]]
Issued in Washington, DC.
Kyle D. Fields,
Chief Counsel.
[FR Doc. 2025-12161 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-06-P
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