Proposed Rule2025-12169
Repealing Certain Bridge Load Capacity Evaluation Requirements
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
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
FRA proposes to eliminate the Federal requirement that defines the process a track owner must follow when scheduling the evaluation of bridges with no load capacity determination. The requirement was intended as a transitional measure to phase in compliance after the bridge safety regulations became effective. The restrictions on the track owner's discretion to determine the process for evaluation of bridge load capacity are no longer necessary because the regulations have been in effect for almost fifteen years and the transitional period for compliance has ended.
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)]
[Proposed Rules]
[Pages 28669-28671]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12169]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 237
[Docket No. FRA-2025-0129]
RIN 2130-AD28
Repealing Certain Bridge Load Capacity Evaluation Requirements
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: FRA proposes to eliminate the Federal requirement that defines
the process a track owner must follow when scheduling the evaluation of
bridges with no load capacity determination. The requirement was
intended as a transitional measure to phase in compliance after the
bridge safety regulations became effective. The restrictions on the
track owner's discretion to determine the process for evaluation of
bridge load capacity are no longer necessary because the regulations
have been in effect for almost fifteen years and the transitional
period for compliance has ended.
DATES: Comments on the proposed rule must be received by September 2,
2025. FRA may consider comments received after that date, but only to
the extent practicable.
ADDRESSES: Comments: Comments related to Docket No. FRA-2025-0129 may
be submitted by going to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and following the
online instructions for submitting comments.
Instructions: All submissions must include the agency name, docket
number (FRA-2025-0129), and Regulatory Identification Number (RIN) for
this rulemaking (2130-AD28). All comments received will be posted
without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>; this includes any
personal information. Please see the Privacy Act heading in the
SUPPLEMENTARY INFORMATION section of this document for Privacy Act
information related to any submitted comments or materials.
Docket: For access to the docket to read background documents or
comments received, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and follow the
online instructions for accessing the docket.
FOR FURTHER INFORMATION CONTACT: Yu-Jiang Zhang, Staff Director, FRA
Track & Structures Division, FRA, telephone:
[[Page 28670]]
(202) 570-1508, email: <a href="/cdn-cgi/l/email-protection#a2fbd7c8cbc3ccc58cf8cac3ccc5e2c6cdd68cc5cdd4"><span class="__cf_email__" data-cfemail="93cae6f9faf2fdf4bdc9fbf2fdf4d3f7fce7bdf4fce5">[email protected]</span></a>; or Veronica Chittim,
Attorney Adviser, FRA, telephone: (202) 480-3410, email:
<a href="/cdn-cgi/l/email-protection#3761524558595e545619745f5e43435e5a7753584319505841"><span class="__cf_email__" data-cfemail="d98fbcabb6b7b0bab8f79ab1b0adadb0b499bdb6adf7beb6af">[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, FRA is reviewing its regulatory requirements in
parts 200 through 299 of title 49, Code of Federal Regulations (CFR).
The requirements for FRA-regulated entities to schedule the evaluation
of bridges without a load capacity determination are established in 49
CFR part 237, Bridge Safety Standards. Some of the requirements
contained in part 237 could be updated to reduce burdens, make
technical or conforming changes, or otherwise adjust to advancing
technology without any adverse effect on railroad safety. The specific
requirement proposed for elimination in this NPRM creates an
unnecessary infringement upon a track owner's authority to evaluate
bridge load capacity and perform activities related to bridge
management. Please review the SECTION-BY-SECTION ANALYSIS below for the
relevant information related to this proposed change.
II. Section-by-Section Analysis
Section 237.71 Determination of Bridge Load Capacities
This proposed rule would remove the requirement in paragraph (e)
that defines the process a track owner must follow when scheduling the
evaluation of bridges with no load capacity determination. The existing
requirement imposes a restriction on a track owner's ability to
establish a bridge management policy (BMP) and evaluate bridge load
capacity as the track owner sees fit. The existing regulation requires
that an initial determination of load capacity must be completed within
five years of the BMP's adoption. At this time, no bridges \1\ lack an
initial load capacity determination, making this requirement obsolete.
This requirement was intended as a transitional measure to phase in
compliance after the bridge safety regulations became effective.
Removing this regulatory text would remove an obsolete provision from
the CFR, improving readability of this CFR part.
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\1\ At this time, the load rating for all applicable railroad
bridges should have been captured by the implementation of a
compliant BMP. FRA notes, however, that there may be instances where
a railroad carrier has a BMP in place, but a load rating may not
have been completed on one of numerous bridges covered by that BMP.
FRA seeks comment on this assumption.
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III. Regulatory Impact and Notices
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review) and
DOT Regulatory Policies and Procedures
FRA has considered the impact of this NPRM under E.O. 12866 (58 FR
51735, Oct. 4, 1993), Regulatory Planning and Review, and DOT
Regulatory Policies and Procedures. The Office of Information and
Regulatory Affairs within the Office of Management and Budget (OMB)
determined that this NPRM is not a significant regulatory action under
section 3(f) of E.O. 12866. This proposed rule removes requirements
that were originally put in place for a transition period, which has
since expired.
FRA analyzed the potential costs and benefits of this proposed
rule. Because this proposed rule would remove obsolete requirements, it
imposes no additional burdens on regulated entities. Moreover, this
rule would provide benefits, improving readability of this CFR part.
B. E.O. 14192 (Unleashing Prosperity Through Deregulation)
E.O. 14192 (90 FR 9065, Jan. 31, 2025), Unleashing Prosperity
Through Deregulation, requires that for ``each new [E.O. 14192
regulatory action] issued, at least ten prior regulations be identified
for elimination.'' \2\ Implementation guidance for E.O. 14192 issued by
OMB (Memorandum M-25-20, Mar. 26, 2025) defines two different types of
E.O. 14192 actions: an E.O. 14192 deregulatory action, and an E.O.
14192 regulatory action.\3\
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\2\ Executive Office of the President. Executive Order 14192 of
January 31, 2025. Unleashing Prosperity Through Deregulation. 90 FR
9065-9067 (Feb. 6, 2025).
\3\ 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 proposed
rulemaking is expected to have total costs less than zero, and
therefore it would be considered an E.O. 14192 deregulatory action upon
issuance of a final rule. While FRA affirms that the amendment proposed
in this NPRM has a cost that is negligible or ``less than zero''
consistent with E.O. 14912, FRA still requests comment on the extent of
the cost savings for the changes proposed in this NPRM.
C. Regulatory Flexibility Act and E.O. 13272
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended
by the Small Business Regulatory Enforcement Fairness Act of 1996,\4\
requires Federal agencies to consider the effects of the regulatory
action on small business and other small entities and to minimize any
significant economic impact. Accordingly, DOT policy requires an
analysis of the impact of all regulations on small entities, and
mandates that agencies strive to lessen any adverse effects on these
businesses. The term small entities comprises small businesses and not-
for-profit organizations that are independently owned and operated and
are not dominant in their fields, and governmental jurisdictions with
populations of less than 50,000 (5 U.S.C. 601(6)).
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\4\ Public Law 104-121, 110 Stat. 857 (Mar. 29, 1996).
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No regulatory flexibility analysis is required, however, if the
head of an Agency or an appropriate designee certifies that the rule
will not have a significant economic impact on a substantial number of
small entities. This proposed rule would not preclude small entities
from continuing practices that comply with proposed part 237; it merely
offers flexibilities to track owners with respect to bridge management
and bridge load capacity determination that could result in benefits,
if a small entity or other regulated entity chooses to utilize those
flexibilities. By extending this regulatory relief, many regulated
entities, including small entities, would experience benefits.
Consequently, FRA certifies that the proposed action would not have a
significant economic impact on a substantial number of small entities.
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857), FRA
wants to assist small entities in understanding this proposed rule so
they can better evaluate its effects on themselves and participate in
the rulemaking initiative. If the proposed rule would affect your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
consult the person listed under FOR FURTHER INFORMATION CONTACT.
[[Page 28671]]
D. Paperwork Reduction Act
This proposed rule offers regulatory flexibilities, and it contains
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 OMB is not required. The
recordkeeping and reporting requirements contained in part 237 became
effective when it was approved by OMB on February 27, 2023. The OMB
control number is 2130-0586, and OMB approval expires on 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. Pursuant to
Section 106 of the National Historic Preservation Act and its
implementing regulations, FRA has determined this undertaking has no
potential to affect historic properties. FRA has also determined that
this rulemaking does not approve a project resulting in a use of a
resource protected by Section 4(f).
F. Federalism Implications
This proposed 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 proposed rule would 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 requires Federal agencies to prepare a Statement of
Energy Effects for any ``significant energy action.'' \5\ FRA has
evaluated this proposed rule in accordance with E.O. 13211 and
determined that this proposed rule is not a ``significant energy
action'' within the meaning of E.O. 13211.
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\5\ 66 FR 28355 (May 22, 2001).
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I. E.O. 13175 (Tribal Consultation)
FRA has evaluated this proposed rule in accordance with the
principles and criteria contained in E.O. 13175, Consultation and
Coordination with Indian Tribal Governments, dated November 6, 2000.
The proposed 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 \6\ prohibits Federal agencies from
engaging in any standards or related activities that create unnecessary
obstacles to the foreign commerce of the United States. 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 United States.
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\6\ 19 U.S.C. ch. 13.
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K. Privacy Act Statement
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, as described in
the system of records notice, DOT/ALL-14 FDMS, accessible through
<a href="http://www.transportation.gov/privacy">www.transportation.gov/privacy</a>. To facilitate comment tracking and
response, we encourage commenters to provide their name, or the name of
their organization; however, submission of names is completely
optional. Whether or not commenters identify themselves, all timely
comments will be fully considered. If you wish to provide comments
containing proprietary or confidential information, please contact the
agency for alternate submission instructions.
L. Rulemaking Summary
As required by 5 U.S.C. 553(b)(4), a summary of this rule can be
found at <a href="http://regulations.gov">regulations.gov</a>, Docket No. FRA-2025-0129, in the SUMMARY
section of this proposed rule.
List of Subjects in 49 CFR Part 237
Bridge safety, Railroad safety.
The Proposed Rule
For the reasons discussed in the preamble, FRA proposes to amend
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 continues to read as follows:
Authority: 49 U.S.C. 20102-20114; 28 U.S.C. 2461 note; Div. A,
Sec. 417, Pub. L. 110-432, 122 Stat. 4848; and 49 CFR 1.89.
0
2. Amend Sec. 237.71 by revising and republishing paragraphs (e)
through (g) to read as follows:
Sec. 237.71 Determination of bridge load capacities.
* * * * *
(e) Where a bridge inspection reveals that, in the determination of
the railroad bridge engineer, the condition of a bridge or a bridge
component might adversely affect the ability of the bridge to carry the
traffic being operated, a new capacity shall be determined.
(f) Bridge load capacity may be expressed in terms of numerical
values related to a standard system of bridge loads, but shall in any
case be stated in terms of weight and length of individual or combined
cars and locomotives, for the use of transportation personnel.
(g) Bridge load capacity may be expressed in terms of both normal
and maximum load conditions. Operation of equipment that produces
forces greater than the normal capacity shall be subject to any
restrictions or conditions that may be prescribed by a railroad bridge
engineer.
Issued in Washington, DC.
Kyle D. Fields,
Chief Counsel.
[FR Doc. 2025-12169 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-06-P
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