Proposed Rule2025-12186
Regulatory Relief To Allow Speeds Up to 45 MPH for Non-Traversable Curbs
Primary source
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Published
July 1, 2025
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
This proposed rule would revise the definition of a non- traversable curb in FRA's train horn regulation in conformance with five longstanding FRA Safety Board waivers that allow highway speeds up to 45 miles per hour (mph) where these highway curbs are present.
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 28646-28648]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12186]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 222
[Docket No. FRA-2025-0120]
RIN 2130-AD14
Regulatory Relief To Allow Speeds Up to 45 MPH for Non-
Traversable Curbs
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This proposed rule would revise the definition of a non-
traversable curb in FRA's train horn regulation in conformance with
five longstanding FRA Safety Board waivers that allow highway speeds up
to 45 miles per hour (mph) where these highway curbs are present.
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-2025-0120 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-2025-0120), and Regulatory Identification Number (RIN) for
this rulemaking (2130-AD14). 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: James Payne, Staff Director, Grade
Crossing and Trespasser Outreach, FRA, telephone: (202) 441-2787,
email: <a href="/cdn-cgi/l/email-protection#95dff4f8f0e6bbc5f4ecfbf0d5f1fae1bbf2fae3"><span class="__cf_email__" data-cfemail="307a515d55431e6051495e5570545f441e575f46">[email protected]</span></a>; or Amanda Maizel, Attorney Adviser, FRA,
telephone: (202) 308-3753, email: <a href="/cdn-cgi/l/email-protection#eeaf838f808a8fc0a38f87948b82ae8a819ac0898198"><span class="__cf_email__" data-cfemail="1a5b777b747e7b34577b73607f765a7e756e347d756c">[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) to
provide regulatory relief to regulated entities. One such regulatory
relief proposal would revise the definition of a non-traversable curb
to allow for speeds up to 45 mph.
The current definition of a non-traversable curb is established in
49 CFR part 222, ``Use of Locomotive Horns at Public Highway-Rail Grade
Crossings.'' It describes a highway curb designed to discourage a motor
vehicle from leaving the roadway and notes that they are used at
locations where highway speeds do not exceed 40 mph. At the time that
49 CFR part 222 was issued, the American Association of State Highway
and Transportation Officials (AASHTO) provided guidance that vertical
curbs should not be used with speeds greater than 40 mph. Subsequently,
AASHTO modified its guidance stating that vertical curbs should not be
used with speeds greater than 45 mph.\1\ FRA proposes to revise the
definition in 49 CFR 222.9 in conformance with AASHTO's updated
guidance.
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\1\ See Section 6.3.2.5, Policy on Geometric Design of Highways
and Streets (7th Ed., 2018).
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In addition, the revision of this definition is in conformance with
the waivers that FRA has previously granted to applicants who have
sought relief from the requirement that medians with non-traversable
curbing may not be used where highway speeds exceed 40 mph. See Docket
Nos. FRA-2009-0066, 2010-0137, 2012-0030, 2012-0031, 2012-0074.
[[Page 28647]]
II. Section-by-Section Analysis
Section 222.9 Definitions
This proposed rule would revise the definition of a non-traversable
curb, which currently provides for use of such curbs at locations where
highway speeds do not exceed 40 mph, to allow use at locations where
highway speeds do not exceed 45 mph. This proposed rule would thereby
codify five longstanding waivers in FRA's train horn regulation.
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.
FRA analyzed the potential costs and benefits of this proposed
rule. Because this rule would revise the definition of a non-
traversable curb and would codify five longstanding waivers in FRA's
train horn regulation, this proposed rule would impart no additional
burdens on regulated entities. Moreover, this rule would provide some
qualitative benefits to regulated entities and the U.S. government, by
clarifying, simplifying, and updating the language of part 222. This
rule, if finalized as proposed, would result in cost savings. Impacted
parties would no longer be required to submit periodic, repetitive
waiver requests related to the regulatory definition of a non-
traversable curb. This rule would also conform FRA regulations with
guidance provided by industry.
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. March 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 each amendment
proposed in this NPRM has a cost that is negligible or ``less than
zero'' consistent with E.O. 14192, 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 existing practices that comply with part 222; it merely
offers flexibilities that could result in cost savings, 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 a cost savings.
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.
D. Paperwork Reduction Act
There is no new collection of information requirements contained in
this proposed rule, and in accordance with the Paperwork Reduction Act
of 1995, 44 U.S.C. 3501 et seq., an information collection submission
to OMB is not required. The recordkeeping and reporting requirements
already contained in part 222 were approved by OMB on Nov. 9, 2022. The
information collection requirements thereby became effective when they
were approved by OMB. The OMB approval number is OMB No. 2130-0560, and
OMB approval expires on Nov. 31, 2025.
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
[[Page 28648]]
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-2025-0120, in the SUMMARY
section of this proposed rule.
List of Subjects in 49 CFR Part 222
Administrative practice and procedure, Locomotives, Railroad
safety, Train horn.
The Proposed Rule
For the reasons discussed in the preamble, FRA proposes to amend
part 222 of chapter II, subtitle B of title 49, Code of Federal
Regulations as follows:
PART 222--USE OF LOCOMOTIVE HORNS AT PUBLIC HIGHWAY-RAIL GRADE
CROSSINGS
0
1. The authority citation for part 222 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20153, 21301, 21304; 28
U.S.C. 2461 note; and 49 CFR 1.89.
0
2. Section 222.9 is amended by revising the definition of ``non-
traversable curb'' to read as follows:
Sec. 222.9 Definitions
* * * * *
Non-traversable curb means a highway curb designed to discourage a
motor vehicle from leaving the roadway. Non-traversable curbs are used
at locations where highway speeds do not exceed 45 miles per hour and
are at least six inches high. Additional design specifications are
determined by the standard traffic design specifications used by the
governmental entity constructing the curb.
* * * * *
Issued in Washington, DC.
Kyle D. Fields,
Chief Counsel.
[FR Doc. 2025-12186 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-06-P
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