Rule2025-12166
Administrative Updates to the Instructions Governing Applications for Approval of a Discontinuance or Material Modification of a Signal System or Relief From the Requirements of Part 236 Regulations
Primary source
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Published
July 1, 2025
Effective
July 1, 2025
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
This rule makes administrative updates to FRA's instructions governing applications for approval of a discontinuance or material modification of a signal system 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 28176-28178]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12166]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 235
[Docket No. FRA-2025-0102]
RIN 2130-AD37
Administrative Updates to the Instructions Governing Applications
for Approval of a Discontinuance or Material Modification of a Signal
System or Relief From the Requirements of Part 236 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 instructions
governing applications for approval of a discontinuance or material
modification of a signal system 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#413724332e2f2822206f2229283535282c01252e356f262e37"><span class="__cf_email__" data-cfemail="4630233429282f252768252e2f32322f2b0622293268212930">[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#b9d5ccdad0d7ddd897d1dcd7cbd0d2cadcd7f9ddd6cd97ded6cf"><span class="__cf_email__" data-cfemail="046871676d6a60652a6c616a766d6f77616a44606b702a636b72">[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 235. These changes include updating addresses that are no
longer valid.
II. Section-by-Section Analysis
Part 235
Sec. 235.6 Expedited Application for Approval of Certain Changes
FRA is amending Sec. 235.6(b) by replacing references to
``Regional Administrator'' with ``FRA Signal and Train Control Division
Staff Director.'' These amendments are being made to ensure information
gets to the agency subject matter expert in the specific discipline.
Sec. 235.7 Changes Not Requiring Filing of Application
FRA is amending Sec. 235.7(c)(24)(vi) by replacing references to
``FRA regional office having jurisdiction over that territory'' and
``Regional Administrator'' with ``FRA Signal and Train Control Division
Staff Director.''
Sec. 235.9 Civil Penalty
FRA is amending Sec. 235.9 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 from 1 U.S.C. 1 to 49 U.S.C. 21301.
Sec. 235.13 Filing Procedure
FRA is amending Sec. 235.13(b) to require that an application or
request for reconsideration be submitted to the email address
<a href="/cdn-cgi/l/email-protection#8fc9ddcef8eee6f9eafdfccfebe0fba1e8e0f9"><span class="__cf_email__" data-cfemail="b2f4e0f3c5d3dbc4d7c0c1f2d6ddc69cd5ddc4">[email protected]</span></a>. FRA is also removing the mailing address and
inserting the word ``Railroad'' before ``Safety'' in the term
``Associate Administrator for Safety.''
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
[[Page 28177]]
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 235 to direct
regulated entities to the appropriate agency subject matter expert to
ensure information gets to the specific discipline. Additionally, this
final rule allows electronic methods, such as email, for applications
or requests for reconsideration. 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 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 235 became effective
when they were approved by OMB on March 14, 2024. The OMB Control No.
is 2130-0553 and the expiration date is March 31, 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 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
[[Page 28178]]
business overseas or for foreign firms doing business in the U.S.
List of Subjects in 49 CFR Part 235
Administrative practice and procedure, Penalties, Railroad safety,
Reporting and recordkeeping requirements.
The Final Rule
In consideration of the foregoing, FRA amends part 235 of chapter
II, subtitle B of title 49, Code of Federal Regulations as follows:
PART 235--INSTRUCTIONS GOVERNING APPLICATIONS FOR APPROVAL OF A
DISCONTINUANCE OR MATERIAL MODIFICATION OF A SIGNAL SYSTEM OR
RELIEF FROM THE REQUIREMENTS OF PART 236
0
1. The authority citation for part 235 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461 note; and 49
CFR 1.89.
0
2. Revise Sec. 235.6(b) to read as follows:
Sec. 235.6 Expedited application for approval of certain changes.
* * * * *
(b) Procedure of expedited application. (1) To seek approval under
this section, a railroad shall provide a notice and profile plan for
the proposed modification to the FRA Signal and Train Control Division
Staff Director.
(2) Simultaneously with its filing with the FRA Signal and Train
Control Division Staff Director, the railroad shall serve, either by
hard copy or electronically, a copy of the notice and profile plan to
representatives of employees responsible for maintenance, inspection,
and testing of the affected signal system under part 236 of this
chapter, as well as representatives of employees responsible for
operating trains or locomotives in the affected territory.
(3) The railroad shall include in its submission to the FRA Signal
and Train Control Division Staff Director a statement affirming that
the railroad has complied with the requirements of paragraph (b)(2) of
this section, together with a list of the names and addresses of the
persons served.
(4) In response to receipt of a notice and profile plan under
paragraph (b)(1) of this section, the Signal and Train Control Division
Staff Director shall in writing deny or approve, in full or in part,
and with or without conditions, the request for signal system
modification. For any portion of the request that is denied, the Signal
and Train Control Division Staff Director shall refer the issue to the
Railroad Safety Board as an application to modify the signal system.
(5) A railroad may rescind its application to the Signal and Train
Control Division Staff Director and submit an application under
Sec. Sec. 235.5 and 235.9 through 235.20 at any time prior to the
decision of the Signal and Train Control Division Staff Director.
* * * * *
0
3. Revise Sec. 235.7(c)(24)(vi) to read as follows:
Sec. 235.7 Changes not requiring filing of application.
* * * * *
(c) * * *
(24) * * *
(vi) The conversion of pole line circuits to electronic (coded)
track circuits provided that the railroad gives notice and a profile
plan of the change to the FRA Signal and Train Control Division Staff
Director at least 60 days in advance of the change. The railroad must
also at the same time provide a copy of the notice and profile plan to
representatives of employees responsible for maintenance, inspection
and testing of the signal system under 49 CFR part 236. The signal
system modification will be deemed acceptable, unless within 60 days,
the FRA Signal and Train Control Division Staff Director stays action
by written notice to the railroad and refers the issue to the Railroad
Safety Board for decision.
* * * * *
0
4. Revise Sec. 235.9 to read as follows:
Sec. 235.9 Civil penalty.
(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:
(1) A grossly negligent violation, or a pattern of repeated
violations, has created an imminent hazard of death or injury to
persons; or
(2) A death or injury has occurred. See 49 CFR part 209, appendix
A.
(b) ``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; and any employee of such owner, manufacturer, lessor, lessee,
or independent contractor.
(c) 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
5. Revise Sec. 235.13(b) to read as follows:
Sec. 235.13 Filing procedure.
* * * * *
(b) The application and correspondence in reference thereto should
be addressed to the Associate Administrator for Railroad Safety,
Federal Railroad Administration, and must be submitted via email to
<a href="/cdn-cgi/l/email-protection#5513071422343c2330272615313a217b323a23"><span class="__cf_email__" data-cfemail="dc9a8e9dabbdb5aab9aeaf9cb8b3a8f2bbb3aa">[email protected]</span></a>.
* * * * *
Issued in Washington, DC.
Kyle D. Fields,
Chief Counsel.
[FR Doc. 2025-12166 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-06-P
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