Rule2025-12162
Administrative Updates to the United States Locational Requirement for Dispatching of United States Rail Operations 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 U.S. locational requirement for dispatching of U.S. rail operations 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 28190-28192]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12162]
[[Page 28190]]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 241
[Docket No. FRA-2025-0108]
RIN 2130-AD33
Administrative Updates to the United States Locational
Requirement for Dispatching of United States Rail Operations
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 U.S.
locational requirement for dispatching of U.S. rail operations
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#c2b4a7b0adacaba1a3eca1aaabb6b6abaf82a6adb6eca5adb4"><span class="__cf_email__" data-cfemail="196f7c6b7677707a78377a71706d6d7074597d766d377e766f">[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#630f16000a0d07024d0b060d110a0810060d23070c174d040c15"><span class="__cf_email__" data-cfemail="6a061f0903040e0b44020f04180301190f042a0e051e440d051c">[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 241. These changes include updating addresses that are no
longer valid.
II. Section-by-Section Analysis
Part 241
Sec. 241.9 Prohibition Against Extraterritorial Dispatching;
Exceptions
Section 241.9(a) contains an erroneous reference to Sec. 241.7(d)
as Sec. 241.7 does not have a paragraph (d). FRA is revising Sec.
241.9(a) to refer to Sec. 241.7, Waivers, generally.
FRA is revising Sec. 241.9(c)(1) to refer to the ``Safety
Management Team Railroad Administrator'' instead of the ``FRA Regional
Administrator.'' FRA is also revising Sec. 241.9(c)(3) to remove the
reference to appendix C and instead refer to FRA's website (<a href="https://railroads.dot.gov/divisions/regional-offices/safety-management-teams">https://railroads.dot.gov/divisions/regional-offices/safety-management-teams</a>)
for the contact information for FRA safety management teams. These
amendments are being made to ensure information gets to the relevant
Safety Management Team.
Sec. 241.11 Prohibition Against Conducting a Railroad Operation
Dispatched by an Extraterritorial Dispatcher; Exceptions
Section 241.11(a) contains an erroneous reference to Sec. 241.5(d)
as Sec. 241.5(d) does not exist. FRA is revising Sec. 241.11(a) to
refer to Sec. 241.7, Waivers, generally.
FRA is revising Sec. 241.11(c)(1) to refer to the ``Safety
Management Team Railroad Administrator'' instead of the ``FRA Regional
Administrator.'' FRA is also revising Sec. 241.11(c)(3) to remove the
reference to appendix C and instead refer to FRA's website (<a href="https://railroads.dot.gov/divisions/regional-offices/safety-management-teams">https://railroads.dot.gov/divisions/regional-offices/safety-management-teams</a>)
for the list of FRA safety management teams.
Sec. 241.13 Prohibition Against Track Owner's Requiring or Permitting
Use of its Line for a Railroad Operation Dispatched by an
Extraterritorial Dispatcher; Exceptions
FRA is revising Sec. 241.13(a) to refer to Sec. 241.7, Waivers,
to be consistent with the revised language in Sec. 241.9(a) and Sec.
241.11(a).
FRA is revising Sec. 241.13(c)(1) to refer to the ``Safety
Management Team Railroad Administrator'' instead of the ``FRA Regional
Administrator.''
Sec. 241.15 Penalties and Other Consequences for Noncompliance
FRA is amending Sec. 241.15(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 also incorporated a reference to <a href="https://railroads.dot.gov/">https://railroads.dot.gov/</a> for a statement of agency civil penalty policy.
Appendix C Geographical Boundaries of FRA's Districts and Addresses of
FRA's District Headquarters
FRA is removing 49 CFR part 241, appendix C, entirely. The contact
information therein is outdated, and relevant information can instead
be obtained on FRA's public website (<a href="https://railroads.dot.gov/divisions/regional-offices/safety-management-teams">https://railroads.dot.gov/divisions/regional-offices/safety-management-teams</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.
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 updating the language of part 241 to direct
regulated entities to the appropriate agency subject matter expert to
ensure information gets to the specific discipline. This rule also
corrects erroneous CFR section references and removes outdated
sections, resulting in less confusion by the regulated entities.
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
[[Page 28191]]
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 241 became effective when it was
approved by OMB on April 5, 2024. The OMB control number is 2130-0556,
and 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.
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 241
Communications, Penalties, Railroad safety, Reporting and
recordkeeping requirements.
The Final Rule
In consideration of the foregoing, FRA amends part 241 of chapter
II, subtitle B of title 49, Code of Federal Regulations as follows:
PART 241--UNITED STATES LOCATIONAL REQUIREMENT FOR DISPATCHING OF
UNITED STATES RAIL OPERATIONS
0
1. The authority citation for part 241 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 21301, 21304, 21311; 28
U.S.C. 2461 note; 49 CFR 1.89.
0
2. In Sec. 241.9, revise paragraphs (a) and (c) to read as follows:
Sec. 241.9 Prohibition against extraterritorial dispatching;
exceptions.
(a) General. Except as provided in Sec. 241.7 and paragraphs (b)
and (c) of this section, a railroad subject to this part shall not
require or permit a dispatcher located outside the United States to
dispatch a railroad operation that occurs in the United States if the
dispatcher is employed by the railroad or by a contractor to the
railroad.
* * * * *
(c) Emergencies. (1) In an emergency situation, a railroad may
require or permit one of its dispatchers located outside the United
States to dispatch a railroad operation that occurs in the United
States, provided that:
(i) The dispatching railroad notifies the Safety Management Team
Railroad Administrator, in writing as soon as practicable, of the
emergency; and
(ii) The extraterritorial dispatching is limited to the duration of
the emergency.
[[Page 28192]]
(2) Written notification must be made by electronic mail.
(3) A list of the FRA Safety Management Teams and contact
information is available at <a href="https://railroads.dot.gov/divisions/regional-offices/safety-management-teams">https://railroads.dot.gov/divisions/regional-offices/safety-management-teams</a>.
* * * * *
0
3. In Sec. 241.11, revise paragraphs (a) and (c) to read as follows:
Sec. 241.11 Prohibition against conducting a railroad operation
dispatched by an extraterritorial dispatcher; exceptions.
(a) General. Except as provided in Sec. 241.7 and paragraphs (b)
and (c) of this section, a railroad subject to this part shall not
conduct, or contract for the conduct of, a railroad operation in the
United States that is dispatched from a location outside of the United
States.
* * * * *
(c) Emergencies. (1) In an emergency situation, a railroad may
conduct, or contract for the conduct of, a railroad operation in the
United States that is dispatched from a location outside the United
States, provided that:
(i) The dispatching railroad notifies the Safety Management Team
Railroad Administrator by email, as soon as practicable, of the
emergency; and
(ii) The extraterritorial dispatching is limited to the duration of
the emergency.
(2) A list of the FRA Safety Management Teams and contact
information is available at <a href="https://railroads.dot.gov/divisions/regional-offices/safety-management-teams">https://railroads.dot.gov/divisions/regional-offices/safety-management-teams</a>.
* * * * *
0
4. In Sec. 241.13, revise paragraphs (a) and (c)(1) to read as
follows:
Sec. 241.13 Prohibition against track owner's requiring or
permitting use of its line for a railroad operation dispatched by an
extraterritorial dispatcher; exceptions.
(a) General. Except as provided in Sec. 241.7 and paragraphs (b)
and (c) of this section, an owner of railroad track located in the
United States shall not require or permit the track to be used for a
railroad operation that is dispatched from outside the United States.
* * * * *
(c) * * *
(1) The dispatching railroad notifies the Safety Management Team
Railroad Administrator, in writing as soon as practicable, of the
emergency; and
* * * * *
0
5. In Sec. 241.15, revise paragraph (a) to read as follows:
Sec. 241.15 Penalties and other consequences for noncompliance.
(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, appendix A. Each day a violation
continues shall constitute a separate offense. See FRA's website at
https://railroads.dot.gov/for a statement of agency civil penalty
policy.
* * * * *
Appendix C to Part 241--[Removed]
0
6. Remove appendix C.
Issued in Washington, DC.
Kyle D. Fields,
Chief Counsel.
[FR Doc. 2025-12162 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-06-P
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