Rule2025-12165
Administrative Updates to the Brake System Safety Standards for Freight and Other Non-Passenger Trains and Equipment; End-of-Train Devices 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 brake system safety standards regulations, including updating addresses in those regulations.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 124 (Tuesday, July 1, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Rules and Regulations]
[Pages 28171-28172]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12165]
[[Page 28171]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 232
[Docket No. FRA-2025-0099]
RIN 2130-AD31
Administrative Updates to the Brake System Safety Standards for
Freight and Other Non-Passenger Trains and Equipment; End-of-Train
Devices Regulations
AGENCY: Federal Railroad Administration (FRA), U.S. Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule makes administrative updates to FRA's brake system
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#611704130e0f0802004f0209081515080c21050e154f060e17"><span class="__cf_email__" data-cfemail="2751425548494e444609444f4e53534e4a6743485309404851">[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#e38f96808a8d8782cd8b868d918a8890868da3878c97cd848c95"><span class="__cf_email__" data-cfemail="660a13050f080207480e0308140f0d1503082602091248010910">[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 232. These changes include updating addresses that are no
longer valid.
II. Section-by-Section Analysis
Part 232
Sec. 232.207 Class IA Brake Tests--1,000-Mile Inspection
In Sec. 232.207(c), FRA is replacing the references to ``Associate
Administrator for Safety'' with ``the Motive Power and Equipment
Division of FRA's Office of Railroad Safety (MP&E Division).''
Sec. 232.213 Extended Haul Trains
FRA is amending Sec. 232.213(b) 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>. FRA is also replacing
the references to ``FRA's Associate Administrator for Safety'' with
``FRA's MP&E Division'' in Sec. Sec. 232.213(a)(1) and (a)(8). FRA is
replacing the reference to ``FRA's Associate Administrator for Safety''
with ``the Associate Administrator'' in Sec. 232.213(b).
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
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 232 to direct regulated entities to the
appropriate agency subject matter expert to ensure information gets to
the specific discipline. This rule would also provide additional
clarity to regulated entities for certain requirements within part 232.
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 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 232 became effective
when they were approved by OMB on March 03, 2025. The OMB Control No.
is 2130-0008 and the expiration date is March 31, 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
[[Page 28172]]
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 232
Penalties, Railroad safety, Reporting and recordkeeping
requirements.
The Final Rule
In consideration of the foregoing, FRA amends 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. Revise Sec. 232.207(c) to read as follows:
Sec. 232.207 Class IA brake tests--1,000-mile inspection.
* * * * *
(c) A railroad shall designate the locations where Class IA brake
tests will be performed, and the railroad shall furnish to the Federal
Railroad Administration upon request a description of each location
designated. A railroad shall notify the Motive Power and Equipment
Division of FRA's Office of Railroad Safety (MP&E Division) in writing
30 days prior to any change in the locations designated for such tests
and inspections.
(1) Failure to perform a Class IA brake test on a train at a
location designated pursuant to this paragraph (c) constitutes a
failure to perform a proper Class IA brake test if the train is due for
such a test at that location.
(2) In the event of an emergency that alters normal train
operations, such as a derailment or other unusual circumstance that
adversely affects the safe operation of the train, the railroad is not
required to provide prior written notification of a change in the
location where a Class IA brake test is performed to a location not on
the railroad's list of designated locations for performing Class IA
brake tests, provided that the railroad notifies FRA's MP&E Division
within 24 hours after the designation has been changed and the reason
for that change.
0
3. Revise Sec. 232.213(a)(1) and (8), and (b) to read as follows:
Sec. 232.213 Extended haul trains.
(a) * * *
(1) The railroad must designate the train in writing to FRA's MP&E
Division. This designation must include the following:
(i) The train identification symbol or identification of the
location where extended haul trains will originate and a description of
the trains that will be operated as extended haul trains from those
locations;
(ii) The origination and destination points for the train;
(iii) The locations where all train brake and mechanical
inspections and tests will be performed.
* * * * *
(8) In the event of an emergency that alters normal train
operations, such as a derailment or other unusual circumstance that
adversely affects the safe operation of the train, the railroad is not
required to provide prior written notification of a change in the
location where an extended haul brake test is performed to a location
not on the railroad's list of designated locations for performing
extended haul brake tests, provided that the railroad notifies FRA's
MP&E Division within 24 hours after the designation has been changed
and the reason for that change.
(b) Failure to comply with any of the requirements contained in
paragraph (a) of this section will be considered an improper movement
of a designated priority train for which appropriate civil penalties
may be assessed as outlined in the statement of civil penalty policy on
FRA's website at <a href="https://railroads.dot.gov/">https://railroads.dot.gov/</a>. Furthermore, the Associate
Administrator may revoke a railroad's ability to designate any or all
trains as extended haul trains for repeated or willful noncompliance
with any of the requirements contained in this section. Such a
determination will be made in writing and will state the basis for such
action.
Issued in Washington, DC.
Kyle D. Fields,
Chief Counsel.
[FR Doc. 2025-12165 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-06-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on July 1, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.