Rule2025-12184
Administrative Updates to the Federal Railroad Administration's System Safety Program 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 system safety program 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 28195-28198]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12184]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 270
[Docket No. FRA-2025-0112]
RIN 2130-AD53
Administrative Updates to the Federal Railroad Administration's
System Safety Program 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 system safety
program 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#c3b5a6b1acadaaa0a2eda0abaab7b7aaae83a7acb7eda4acb5"><span class="__cf_email__" data-cfemail="dea8bbacb1b0b7bdbff0bdb6b7aaaab7b39ebab1aaf0b9b1a8">[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#eb879e8882858f8ac5838e85998280988e85ab8f849fc58c849d"><span class="__cf_email__" data-cfemail="452930262c2b21246b2d202b372c2e36202b05212a316b222a33">[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 270. These changes include updating addresses that are no
longer valid.
[[Page 28196]]
II. Section-by-Section Analysis
Part 270
Sec. 270.7 Penalties and Responsibility for Compliance
FRA is amending Sec. 270.7(a) 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 updating Sec.
270.7(c)(2)(ii) to direct notifications to the email address <a href="/cdn-cgi/l/email-protection#581e0a19750b0b08183c372c763f372e"><span class="__cf_email__" data-cfemail="d4928695f987878494b0bba0fab3bba2">[email protected]</span></a>.
Sec. 270.107 Consultation Requirements
FRA is amending Sec. 270.107(c)(1) to replace the mailing address
with the email address <a href="/cdn-cgi/l/email-protection#b4f2e6f599e7e7e4f4d0dbc09ad3dbc2"><span class="__cf_email__" data-cfemail="276175660a7474776743485309404851">[email protected]</span></a> and to remove a duplicate
reference to filing statements with the FRA Associate Administrator for
Railroad Safety and Chief Safety Officer.
Sec. 270.201 Filing and Approval
FRA is amending Sec. 270.201(a)(1) to replace the mailing address
with the email address <a href="/cdn-cgi/l/email-protection#551307147806060515313a217b323a23"><span class="__cf_email__" data-cfemail="9adcc8dbb7c9c9cadafef5eeb4fdf5ec">[email protected]</span></a>. FRA is updating Sec.
270.201(c)(1)(i) to direct amendments to be filed at the email address
<a href="/cdn-cgi/l/email-protection#2d6b7f6c007e7e7d6d494259034a425b"><span class="__cf_email__" data-cfemail="4d0b1f0c601e1e1d0d292239632a223b">[email protected]</span></a>. FRA is removing Sec. 270.201(e), as the language is
superfluous, given the overall update to electronic submissions.
Sec. 270.303 Internal System Safety Program Assessment
FRA is amending Sec. 270.303(c)(1)(i) to replace the mailing
address with the email address <a href="/cdn-cgi/l/email-protection#327460731f61616272565d461c555d44"><span class="__cf_email__" data-cfemail="eaacb8abc7b9b9baaa8e859ec48d859c">[email protected]</span></a>.
Sec. 270.305 External Safety Audit
FRA is amending Sec. 270.305(b)(1) to direct a passenger rail
operation to submit an improvement plan to the email address <a href="/cdn-cgi/l/email-protection#e9afbba8c4babab9a98d869dc78e869f"><span class="__cf_email__" data-cfemail="a9effbe884fafaf9e9cdc6dd87cec6df">[email protected]</span></a>.
Sec. 270.405 General Requirements; Procedure
FRA is amending Sec. 270.405(c)(1) and (2) to direct a passenger
rail operation to submit an FRMP plan or an update to that FRMP plan to
the email address <a href="/cdn-cgi/l/email-protection#bdfbeffcfbdcc9d4dac8d8fdd9d2c993dad2cb"><span class="__cf_email__" data-cfemail="efa9bdaea98e9b86889a8aaf8b809bc1888099">[email protected]</span></a>.
Sec. 270.409 Requirements for an FRMP Plan
FRA is amending Sec. 270.409(a) to direct a passenger rail
operation to submit an FRMP plan to the email address
<a href="/cdn-cgi/l/email-protection#014753404760756866746441656e752f666e77"><span class="__cf_email__" data-cfemail="7b3d293a3d1a0f121c0e1e3b1f140f551c140d">[email protected]</span></a>.
Appendix C Procedures for Submission of SSP Plans and Statements From
Directly Affected Employees
FRA is amending appendix C to replace the mailing address (Mail
Stop 25, 1200 New Jersey Avenue SE, Washington, DC 20590) with the
email address <a href="/cdn-cgi/l/email-protection#4f091d0e621c1c1f0f2b203b61282039"><span class="__cf_email__" data-cfemail="df998d9ef28c8c8f9fbbb0abf1b8b0a9">[email protected]</span></a>. FRA is revising the language to reflect
the change to electronic submissions throughout part 270. FRA is also
amending appendix C to affirmatively reference amendments to SSP plans.
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 and email 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 270 and directing the regulated
entities to the appropriate sites in the CFR. Additionally, this final
rule allows electronic methods, such as email, for submitting
documents. 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
There is no new collection of information requirements contained in
this final rule, and 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 270 became effective when they were approved by OMB
on November 7, 2023. The OMB approval number is 2130-0599, and OMB
approval expires November 30, 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,
[[Page 28197]]
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 270
Penalties, Railroad safety, Reporting and recordkeeping
requirements, System safety.
The Final Rule
In consideration of the foregoing, FRA amends part 270 of chapter
II, subtitle B of title 49, Code of Federal Regulations as follows:
PART 270--SYSTEM SAFETY PROGRAM
0
1. The authority citation for part 270 is revised to read as follows:
Authority: 49 U.S.C. 20103, 20106-20107, 20118-20119, 20156,
21301, 21304, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89.
0
2. In Sec. 270.7, revise the last sentence in paragraph (a) and the
first sentence in paragraph (c)(2)(ii), to read as follows:
Sec. 270.7 Penalties and responsibility for compliance.
(a) * * * FRA's website at <a href="https://railroads.dot.gov/">https://railroads.dot.gov/</a>contains a
schedule of civil penalty amounts used in connection with this part.
* * * * *
(c) * * *
(2) * * *
(ii) A passenger rail operation subject to this part may notify FRA
of a designation of responsibility before submitting an SSP plan by
first submitting a designation of responsibility notice to the
Associate Administrator for Railroad Safety and Chief Safety Officer at
<a href="/cdn-cgi/l/email-protection#5f190d1e720c0c0f1f3b302b71383029"><span class="__cf_email__" data-cfemail="753327345826262535111a015b121a03">[email protected]</span></a>. * * *
0
3. Revise the first sentence in Sec. 270.107(c)(1) to read as follows:
Sec. 270.107 Consultation requirements.
* * * * *
(c) * * *
(1) If a passenger rail operation and its directly affected
employees cannot reach agreement on the proposed contents of an SSP
plan, the directly affected employees may file a statement explaining
their views on the plan on which agreement was not reached with the FRA
Associate Administrator for Railroad Safety and Chief Safety Officer at
<a href="/cdn-cgi/l/email-protection#672135264a3434372703081349000811"><span class="__cf_email__" data-cfemail="763024375b2525263612190258111900">[email protected]</span></a>. * * *
* * * * *
0
4. Amend Sec. 270.201 by
0
a. Revising paragraph (a)(1) and the first sentence in paragraph
(c)(1)(i); and
0
b. Removing paragraph (e).
The revisions read as follows:
Sec. 270.201 Filing and approval.
(a) * * *
(1) Each passenger rail operation to which this part applies shall
submit one copy of its SSP plan to the FRA Associate Administrator for
Railroad Safety and Chief Safety Officer at <a href="/cdn-cgi/l/email-protection#713723305c22222131151e055f161e07"><span class="__cf_email__" data-cfemail="430511026e10101303272c376d242c35">[email protected]</span></a>, no later
than March 4, 2021, or not less than 90 days before commencing
passenger operations, whichever is later.
* * * * *
(c) * * *
(1)(i) A passenger rail operation shall submit any amendment(s) to
the SSP plan to the FRA Associate Administrator for Railroad Safety and
Chief Safety Officer at <a href="/cdn-cgi/l/email-protection#470115066a1414170723283369202831"><span class="__cf_email__" data-cfemail="420410036f11111202262d366c252d34">[email protected]</span></a> not less than 60 days before
the proposed effective date of the amendment(s). * * *
* * * * *
0
5. Revise Sec. 270.303(c)(1)(i) to read as follows:
Sec. 270.303 Internal system safety program assessment.
* * * * *
(c)(1) * * *
(i) Submit a copy of the passenger rail operation's internal
assessment report that includes a system safety program assessment and
the status of internal assessment findings and improvement plans to the
FRA Associate Administrator for Railroad Safety and Chief Safety
Officer at <a href="/cdn-cgi/l/email-protection#4b0d190a6618181b0b2f243f652c243d"><span class="__cf_email__" data-cfemail="a3e5f1e28ef0f0f3e3c7ccd78dc4ccd5">[email protected]</span></a>; and
* * * * *
0
6. Revise the first sentence in Sec. 270.305(b)(1) to read as follows:
Sec. 270.305 External safety audit.
* * * * *
(b)(1) Within 60 days of FRA's written notification of the results
of the audit, the passenger rail operation shall submit for approval to
the FRA Associate Administrator for Railroad Safety and Chief Safety
Officer, at <a href="/cdn-cgi/l/email-protection#c1879380ec92929181a5aeb5efa6aeb7"><span class="__cf_email__" data-cfemail="bdfbeffc90eeeeedfdd9d2c993dad2cb">[email protected]</span></a>, an improvement plan to address the audit
findings that require corrective action. * * *
* * * * *
0
7. Revise Sec. 270.405(c) to read as follows:
[[Page 28198]]
Sec. 270.405 General requirements; procedure.
* * * * *
(c)(1) A railroad shall submit an FRMP plan for approval to the FRA
Associate Administrator for Railroad Safety and Chief Safety Officer at
<a href="/cdn-cgi/l/email-protection#c086928186a1b4a9a7b5a580a4afb4eea7afb6"><span class="__cf_email__" data-cfemail="3a7c687b7c5b4e535d4f5f7a5e554e145d554c">[email protected]</span></a>, no later than either the applicable timeline in
Sec. 270.201(a) for filing its SSP plan or July 13, 2023, whichever is
later.
(2) A railroad shall submit updates to its FRMP plan to the FRA
Associate Administrator for Railroad Safety and Chief Safety Officer at
<a href="/cdn-cgi/l/email-protection#4a0c180b0c2b3e232d3f2f0a2e253e642d253c"><span class="__cf_email__" data-cfemail="93d5c1d2d5f2e7faf4e6f6d3f7fce7bdf4fce5">[email protected]</span></a>, under the process for amending its SSP plan in
Sec. 270.201(c).
* * * * *
0
8. Revise the last sentence in Sec. 270.409(a) to read as follows:
Sec. 270.409 Requirements for an FRMP plan.
(a) * * * A railroad must submit the plan for approval to the FRA
Associate Administrator for Railroad Safety and Chief Safety Officer at
<a href="/cdn-cgi/l/email-protection#ce889c8f88afbaa7a9bbab8eaaa1bae0a9a1b8"><span class="__cf_email__" data-cfemail="87c1d5c6c1e6f3eee0f2e2c7e3e8f3a9e0e8f1">[email protected]</span></a>, under the criteria of subpart C.
* * * * *
0
9. Revise appendix C to part 270 to read as follows: mailto:
Appendix C to Part 270--Procedures for Submission of SSP Plans, SSP
Plan Amendments, and Statements From Directly Affected Employees.
This appendix summarizes procedures for the submission of an SSP
plan, an amendment to an already-approved SSP plan, or a statement
by directly affected employees consistent with the requirements of
this part.
Submission by a Passenger Rail Operation or Directly Affected
Employees
As provided for in Sec. 270.101, a system safety program shall
be fully implemented and supported by a written SSP plan. Each
passenger rail operation must submit its SSP plan to FRA for
approval as provided for in Sec. 270.201(a) and SSP plan amendments
as provided for in Sec. 270.201(c).
As provided for in Sec. 270.107(c), if a passenger rail
operation and its directly affected employees cannot come to
agreement on the proposed contents of the SSP plan, the directly
affected employees have 30 days following the submission of the
proposed SSP plan to submit a statement to the FRA Associate
Administrator for Railroad Safety and Chief Safety Officer
explaining the directly affected employees' views on the plan on
which agreement was not reached.
The passenger rail operation's and directly affected employees'
submissions shall be sent to the FRA Associate Administrator for
Railroad Safety and Chief Safety Officer at <a href="/cdn-cgi/l/email-protection#d3958192fe80808393b7bca7fdb4bca5"><span class="__cf_email__" data-cfemail="adebffec80fefefdedc9c2d983cac2db">[email protected]</span></a>. When a
passenger rail operation submits its SSP plan (or SSP plan
amendment) and consultation statement to FRA pursuant to Sec.
270.201, it must also simultaneously send a copy of these documents
to all individuals identified in the service list pursuant to Sec.
270.107(b)(3).
Each passenger rail operation and directly affected employee is
authorized to file by electronic means any submissions required
under this part. A passenger rail operation that electronically
submits an initial SSP plan or SSP plan amendment pursuant to this
part shall be considered to have provided its consent to receive
approval or disapproval notices from FRA by email. FRA may
electronically store any materials required by this part.
Issued in Washington, DC.
Kyle D. Fields,
Chief Counsel.
[FR Doc. 2025-12184 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-06-P
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