Rule2025-12185
Administrative Updates to the Federal Railroad Administration's Risk Reduction Program 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 risk reduction 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 28198-28201]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12185]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 271
[Docket No. FRA-2025-0113]
RIN 2130-AD52
Administrative Updates to the Federal Railroad Administration's
Risk Reduction 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 risk reduction
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#7c0a190e1312151f1d521f1415080815113c181308521b130a"><span class="__cf_email__" data-cfemail="e19784938e8f888280cf8289889595888ca1858e95cf868e97">[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#056970666c6b61642b6d606b776c6e76606b45616a712b626a73"><span class="__cf_email__" data-cfemail="39554c5a50575d5817515c574b50524a5c57795d564d175e564f">[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 271. These changes include updating addresses that are no
longer valid.
II. Section-by-Section Analysis
Part 271
Sec. 271.9 Penalties and Responsibility for Compliance
FRA is amending Sec. 271.9(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>.
Sec. 271.13 Determination of Inadequate Safety Performance
FRA is amending Sec. 271.13(c)(1)(i) to replace the mailing
address with the email address <a href="/cdn-cgi/l/email-protection#cb8d998ae699999b8bafa4bfe5aca4bd"><span class="__cf_email__" data-cfemail="420410036f10101202262d366c252d34">[email protected]</span></a>.
Sec. 271.15 Voluntary Compliance
FRA is amending Sec. 271.15(c) to replace the mailing address with
the email address <a href="/cdn-cgi/l/email-protection#195f4b58344b4b49597d766d377e766f"><span class="__cf_email__" data-cfemail="ce889c8fe39c9c9e8eaaa1bae0a9a1b8">[email protected]</span></a>.
Sec. 271.207 Consultation Requirements
FRA is amending Sec. 271.207(e)(1) to replace the mailing address
with the email address <a href="/cdn-cgi/l/email-protection#dd9b8f9cf08f8f8d9db9b2a9f3bab2ab"><span class="__cf_email__" data-cfemail="064054472b5454564662697228616970">[email protected]</span></a>.
Sec. 271.301 Filing and Approval
FRA is amending Sec. 271.301(a) and (b)(4)(i) to replace the
mailing address with the email address <a href="/cdn-cgi/l/email-protection#387e6a79156a6a68785c574c165f574e"><span class="__cf_email__" data-cfemail="753327345827272535111a015b121a03">[email protected]</span></a>. FRA is removing
Sec. 271.301(e), as the language is superfluous, given the overall
update to electronic submissions.
Sec. 271.303 Amendments
FRA is amending Sec. 270.303(b)(1) to direct a railroad to submit
any amendment to the email address <a href="/cdn-cgi/l/email-protection#1e584c5f334c4c4e5e7a716a30797168"><span class="__cf_email__" data-cfemail="c1879380ec93939181a5aeb5efa6aeb7">[email protected]</span></a>.
Sec. 271.405 Internal Assessment Reports
FRA is amending Sec. 271.405(a) to replace the mailing address
with the email address <a href="/cdn-cgi/l/email-protection#aceafeed81fefefcecc8c3d882cbc3da"><span class="__cf_email__" data-cfemail="0b4d594a2659595b4b6f647f256c647d">[email protected]</span></a>.
Sec. 271.503 External Audit Improvement Plans
FRA is amending Sec. 271.503(a) to replace the mailing address
with the email address <a href="/cdn-cgi/l/email-protection#4c0a1e0d611e1e1c0c282338622b233a"><span class="__cf_email__" data-cfemail="a4e2f6e589f6f6f4e4c0cbd08ac3cbd2">[email protected]</span></a>.
Sec. 271.605 General Requirements; Procedure
FRA is amending Sec. 271.605(c)(1) and (2) to direct a railroad to
submit an FRMP plan or an update to that FRMP plan to the email address
<a href="/cdn-cgi/l/email-protection#773125363116031e1002123713180359101801"><span class="__cf_email__" data-cfemail="7b3d293a3d1a0f121c0e1e3b1f140f551c140d">[email protected]</span></a>.
Sec. 271.609 Requirements for an FRMP Plan
FRA is amending Sec. 271.609(a) to direct a railroad to submit an
FRMP plan to the email address <a href="/cdn-cgi/l/email-protection#eaacb8abac8b9e838d9f8faa8e859ec48d859c"><span class="__cf_email__" data-cfemail="bff9edfef9decbd6d8cadaffdbd0cb91d8d0c9">[email protected]</span></a>.
[[Page 28199]]
Appendix B Procedures for Submission of RRP Plans and Statements From
Directly Affected Employees
FRA is amending appendix B in the introductory language for
clarity. Under the heading ``Submission by a Railroad and Directly
Affected Employees,'' in paragraph (a), FRA is correcting a reference
to Sec. 271.201, to the proper filing provision, Sec. 271.301. FRA is
replacing the mailing address (Mail Stop 25, 1200 New Jersey Avenue SE,
Washington, DC 20590) in paragraph (c) with the email address <a href="/cdn-cgi/l/email-protection#aee8fcef83fcfcfeeecac1da80c9c1d8"><span class="__cf_email__" data-cfemail="c0869281ed92929080a4afb4eea7afb6">[email protected]</span></a>. FRA is revising paragraph (d) and removing paragraph (e)
to account for electronic submissions throughout part 271. Finally, FRA
is amending this appendix to affirmatively reference amendments to RRP
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 271 and directing the regulated
entities to the appropriate sites in the CFR. Additionally, this final
rule allows electronic methods, such as email, for 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 OMB is not required. The recordkeeping and reporting
requirements already contained in part 271 became effective when they
were approved by OMB on December 05, 2023. The OMB Control No. is 2130-
0610, and OMB approval expires on December 31, 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.
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
[[Page 28200]]
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 271
Penalties, Railroad safety, Reporting and recordkeeping
requirements, Risk reduction.
The Final Rule
In consideration of the foregoing, FRA amends part 271 of chapter
II, subtitle B of title 49, Code of Federal Regulations as follows:
PART 271--RISK REDUCTION PROGRAM
0
1. The authority citation for part 271 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. 271.9(a), revise the last sentence to read as follows:
Sec. 271.9 Penalties and responsibility for compliance.
(a) * * * 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
3. In Sec. 271.13(c)(1)(i), revise the last sentence to read as
follows:
Sec. 271.13 Determination of inadequate safety performance.
* * * * *
(c) * * *
(1) * * *
(i) * * * The notification shall inform railroad employees that
they may confidentially submit comments to FRA regarding the railroad's
safety performance and that employees shall file any such comments with
the FRA Associate Administrator for Railroad Safety and Chief Safety
Officer at <a href="/cdn-cgi/l/email-protection#97d1c5d6bac5c5c7d7f3f8e3b9f0f8e1"><span class="__cf_email__" data-cfemail="4a0c180b6718181a0a2e253e642d253c">[email protected]</span></a> no later than 45 days following FRA's
initial written notice.
* * * * *
0
4. Revise Sec. 271.15(c) to read as follows:
Sec. 271.15 Voluntary compliance.
* * * * *
(c) Notification to discontinue compliance. After this five-year
period, a voluntarily-compliant railroad may discontinue compliance
with this part by providing written notice to the FRA Associate
Administrator for Railroad Safety and Chief Safety Officer at <a href="/cdn-cgi/l/email-protection#400612016d12121000242f346e272f36"><span class="__cf_email__" data-cfemail="541206157906060414303b207a333b22">[email protected]</span></a>.
* * * * *
0
5. Revise Sec. 271.207(e)(1) to read as follows:
Sec. 271.207 Consultation requirements.
* * * * *
(e) * * *
(1) If a railroad and its directly affected employees cannot reach
agreement on the proposed contents of an RRP 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#f7b1a5b6daa5a5a7b7939883d9909881"><span class="__cf_email__" data-cfemail="87c1d5c6aad5d5d7c7e3e8f3a9e0e8f1">[email protected]</span></a>. The FRA Associate Administrator shall consider any such
views during the plan review and approval process.
* * * * *
0
6. Amend Sec. 271.301 by
0
a. Revising paragraphs (a) and (b)(4)(i); and
0
b. Remove paragraph (e).
The revisions read as follows:
Sec. 271.301 Filing and approval.
(a) Filing. A railroad shall submit one copy of its RRP plan to the
FRA Associate Administrator for Railroad Safety and Chief Safety
Officer at <a href="/cdn-cgi/l/email-protection#fcbaaebdd1aeaeacbc989388d29b938a"><span class="__cf_email__" data-cfemail="054357442857575545616a712b626a73">[email protected]</span></a>.
* * * * *
(b) * * *
(4)(i) Before submitting an RRP plan for FRA's review and approval,
a voluntarily-compliant railroad shall notify FRA of its intent to
submit an RRP plan by providing written notice to the FRA Associate
Administrator for Railroad Safety and Chief Safety Officer at <a href="/cdn-cgi/l/email-protection#397f6b78146b6b69795d564d175e564f"><span class="__cf_email__" data-cfemail="b0f6e2f19de2e2e0f0d4dfc49ed7dfc6">[email protected]</span></a>.
* * * * *
0
7. Revise the first sentence in Sec. 271.303(b)(1) to read as follows:
Sec. 271.303 Amendments.
* * * * *
(b) * * *
(1) A railroad shall submit any amendment(s) to its approved RRP
plan to FRA's Associate Administrator at <a href="/cdn-cgi/l/email-protection#aceafeed81fefefcecc8c3d882cbc3da"><span class="__cf_email__" data-cfemail="387e6a79156a6a68785c574c165f574e">[email protected]</span></a> not less than
60 days before the proposed effective date of the amendment(s). * * *
* * * * *
0
8. Revise Sec. 271.405(a) to read as follows:
Sec. 271.405 Internal assessment reports.
(a) Within 60 days of completing its internal assessment, a
railroad shall submit a copy of an internal assessment report to the
FRA Associate Administrator for Railroad Safety and Chief Safety
Officer at <a href="/cdn-cgi/l/email-protection#cf899d8ee29d9d9f8faba0bbe1a8a0b9"><span class="__cf_email__" data-cfemail="eaacb8abc7b8b8baaa8e859ec48d859c">[email protected]</span></a>.
* * * * *
0
9. Revise Sec. 271.503(a) to read as follows:
Sec. 271.503 External audit improvement plans.
(a) Submission. Within 60 days of receiving FRA's written notice of
the audit results, if necessary, a railroad shall submit for approval
an improvement plan addressing any instances of deficiency or non-
compliance found in the audit to the FRA Associate Administrator for
Railroad Safety and Chief Safety Officer at <a href="/cdn-cgi/l/email-protection#da9c889bf788888a9abeb5aef4bdb5ac"><span class="__cf_email__" data-cfemail="fcbaaebdd1aeaeacbc989388d29b938a">[email protected]</span></a>.
* * * * *
0
10. Revise Sec. 271.605(c) to read as follows:
Sec. 271.605 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#a7e1f5e6e1c6d3cec0d2c2e7c3c8d389c0c8d1"><span class="__cf_email__" data-cfemail="f2b4a0b3b493869b958797b2969d86dc959d84">[email protected]</span></a> no later than either the applicable timeline in
Sec. 271.301(b) for filing its RRP plan or July 13, 2023, whichever is
later; and
(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#420410030423362b25372702262d366c252d34"><span class="__cf_email__" data-cfemail="bafce8fbfcdbced3ddcfdffaded5ce94ddd5cc">[email protected]</span></a>, under the process for amending its RRP plan in
Sec. 271.303.
* * * * *
0
11. Revise the last sentence of Sec. 271.609(a) to read as follows:
Sec. 271.609 Requirements for an FRMP plan.
(a) * * * The 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#307662717651445957455570545f441e575f46"><span class="__cf_email__" data-cfemail="a4e2f6e5e2c5d0cdc3d1c1e4c0cbd08ac3cbd2">[email protected]</span></a>, under the criteria of subpart D.
* * * * *
0
12. Amend appendix B to part 271 by:
0
a. Revising the introductory text;
[[Page 28201]]
0
b. Under the heading ``Submission by a Railroad and Directly Affected
Employees,'' revising paragraphs (a), (c). and (d) and removing
paragraph (e).
The revisions to read as follows:
Appendix B to Part 271--Procedures for Submission of RRP Plans, RRP
Plan Amendments, and Statements From Directly Affected Employees
This appendix summarizes procedures for the submission of an RRP
plan, an amendment to an already-approved RRP plan, or a statement
by directly affected employees consistent with the requirements of
this part.
Submission by a Railroad and Directly Affected Employees
(a) As provided for in Sec. 271.101(a), each railroad must
establish and fully implement an RRP that continually and
systematically evaluates railroad safety hazards on its system and
manages the resulting risks to reduce the number and rates of
railroad accidents, incidents, injuries, and fatalities. The RRP
shall be fully implemented and supported by a written RRP plan. Each
railroad must submit its RRP plan to FRA for approval as provided
for in Sec. 271.301 and RRP plan amendments as provided for in
Sec. 271.303.
* * * * *
(c) The railroad's and directly affected employees' submissions
shall be sent to the Associate Administrator for Railroad Safety and
Chief Safety Officer, FRA, at <a href="/cdn-cgi/l/email-protection#0d4b5f4c205f5f5d4d696279236a627b"><span class="__cf_email__" data-cfemail="692f3b28443b3b39290d061d470e061f">[email protected]</span></a>. When a railroad
submits to FRA its RRP plan and consultation statement pursuant to
Sec. 271.301 or RRP plan amendment and consultation statement
pursuant to Sec. 271.303, it must also simultaneously send a copy
of these documents to all individuals identified in the service list
pursuant to Sec. 271.207(d)(3) or Sec. 271.303.
(d) Each railroad and directly affected employee is authorized
to file by electronic means any submissions required under this
part. A railroad that electronically submits an initial RRP plan or
an RRP 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. 2025-12185 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-06-P
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