Proposed Rule2025-12187
Regulatory Relief for End of Car Cushioning Units
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 amend regulations concerning freight car draft arrangement and end-of-car cushioning units (EOCCs) to make regulatory relief now provided by waiver permanent. The amendments would allow a freight car to remain in service if the EOCC is operative and equipped with a unit condition indicator (UCI) that indicates a non-discharged EOCC. This change would permit those EOCCs to remain in service despite the presence of clearly formed oil droplets on the unit. The amendments, if finalized, preserve the requirement to repair or replace an EOCC with clearly formed oil droplets if the unit does not have a UCI.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 124 (Tuesday, July 1, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Proposed Rules]
[Pages 28636-28639]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12187]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 215
[Docket No. FRA-2025-0119]
RIN 2130-AD55
Regulatory Relief for End of Car Cushioning Units
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: FRA proposes to amend regulations concerning freight car draft
arrangement and end-of-car cushioning units (EOCCs) to make regulatory
relief now provided by waiver permanent. The amendments would allow a
freight car to remain in service if the EOCC is operative and equipped
with a unit condition indicator (UCI) that indicates a non-discharged
EOCC. This change would permit those EOCCs to remain in service despite
the presence of clearly formed oil droplets on the unit. The
amendments, if finalized, preserve the requirement to repair or replace
an EOCC with clearly formed oil droplets if the unit does not have a
UCI.
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-2025-0119 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-2025-0119), and Regulatory Identification Number (RIN) for
this rulemaking (2130-AD55). 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: Caleb Rogers, Mechanical Engineer,
Office of Railroad Safety, at email: <a href="/cdn-cgi/l/email-protection#dab9bbb6bfb8f4a8b5bdbfa8a99abeb5aef4bdb5ac"><span class="__cf_email__" data-cfemail="0a696b666f682478656d6f78794a6e657e246d657c">[email protected]</span></a> or telephone:
202-579-5198 or Elliott Gillooly, Attorney Adviser, at email:
<a href="/cdn-cgi/l/email-protection#caafa6a6a3a5bebee4ada3a6a6a5a5a6b38aaea5bee4ada5bc"><span class="__cf_email__" data-cfemail="187d747471776c6c367f71747477777461587c776c367f776e">[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).
Title 49 CFR part 215 establishes railroad freight car safety
requirements. Some of the requirements contained in part 215 can be
updated to reduce burdens, make technical or conforming changes, or
otherwise adjust to advancing technology without any adverse effect on
railroad safety. FRA proposes in this NPRM to address a request from
the Association of American Railroads (AAR) to incorporate regulatory
relief now granted through an FRA waiver into part 215 by allowing
freight cars with an EOCC that has leaked clearly formed droplets to
remain in service if the cushioning unit is otherwise operational and
equipped with a UCI that shows the unit has adequate pressure despite
the presence of leaked oil on the exterior of the unit.
An EOCC is a device installed on the ends of railroad freight cars
designed to absorb shocks and forces during rail operations (similar to
shock absorbers on motor vehicles). These units are designed to absorb
energy from buff and draft forces and impacts, preventing cargo from
shifting and damage to the freight car draft system that could lead to
a derailment. An EOCC must contain sufficient oil for the unit to
function as designed (i.e., for the unit adequately to absorb energy
from in-train forces and potential impacts). Accordingly, FRA's
Railroad Freight Car Safety Standards, 49 CFR part 215, prohibit a rail
car from continuing in service if its EOCC is broken or inoperative
(Sec. 215.129), which is a requirement that FRA does not intend to
remove. Instead, FRA is proposing to remove Sec. 215.127(c), which
contains the prohibition that a freight car cannot continue in service
if the EOCC is leaking ``clearly formed droplets,'' even though the
EOCC may still be operational. FRA will also make conforming changes to
Sec. 215.129 as detailed in the Section-by-Section Analysis, below, to
address the
[[Page 28637]]
difference between EOCCs that have a UCI and those that do not.
UCIs are devices that railroad employees can use to monitor the
condition of EOCCs. Insufficient internal pressure can be detected when
a button on the UCI is pressed. If there is insufficient pressure in
the EOCC, the button will remain depressed. Accordingly, in 2013, FRA
granted AAR member railroads relief from Sec. 215.127(c)(1) if a
railroad freight car's cushioning unit is equipped with a UCI that
indicates the unit is not defective.\1\ This relief prevents railroad
employees from having to unnecessarily remove functioning cushioning
units that may be leaking clearly formed droplets of oil but are still
functioning properly. Cushioning units are heavy and require freight
cars to be jacked to be removed, and as such, the process presents
inherent safety risks to railroad employees. The use of UCIs has
allowed railroads to avoid unnecessary repairs of functioning
cushioning units.
---------------------------------------------------------------------------
\1\ See Docket No. FRA-2013-0077, available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
---------------------------------------------------------------------------
Since issuance of this waiver, AAR member railroads have seen a
significant decrease in the number of cars that must be removed from
service because the cushioning unit was identified as leaking. At the
same time, the number of cars removed from service because the UCI
indicates the cushioning unit is defective has increased. An industry
standard (AAR Field Manual Rule 59) governs the use of UCIs to
determine whether cushioning units are safe and acceptable for
continued service. Using this standard (and as older cushioning units
without UCIs age out of service), the number of cars removed from
service because of leakage will continue to decline. FRA is proposing
to incorporate the terms of the waiver into the Freight Car Safety
Standards as follows.
II. Section-by-Section Analysis
Section 215.127 Defective Draft Arrangement
Section 215.127 addresses various components making up the draft
arrangement of a freight car. If any of those components are missing or
inoperative, the freight car cannot be safely used in service. As
stated above, the prohibition on continuing a freight car in service
with an inoperative EOCC is being preserved, but it would be moved to
Sec. 215.129. Concurrently, FRA proposes to clarify in Sec. 215.129
that an EOCC leaking clearly formed droplets is a condition requiring a
car to be held out of service only when the EOCC is not equipped with a
UCI.
If the car is equipped with a UCI, railroads should rely on it
instead of the formation of oil droplets to determine the condition of
the EOCC. Under excessive loading conditions and pressures, some fluid
may seep past the unit's seal, with the seepage accumulating and
forming ``clearly formed droplets.'' That seepage serves to relieve
pressure within the EOCC but does not necessarily mean that the EOCC is
not functioning properly.
Section 215.129 Defective Cushioning Device
Section 215.129 currently states that a railroad may not place or
continue in service a car if it has an EOCC that is broken,
inoperative, or missing a part. To incorporate the relief described
above, FRA is proposing to add that a car also cannot be placed or
continued in service if the EOCC is leaking clearly formed droplets and
not equipped with a UCI, or if it is equipped with a UCI that indicates
a discharged cushioning unit.
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 Management and
Budget's Office of Information and Regulatory Affairs 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. Railroads would benefit from this regulatory relief because they
would not be obligated to withhold cars from service based solely on
the presence of oil on the exterior of an EOCC. This would reduce costs
associated with those freight cars equipped with a UCI that have safe
and operational EOCCs by eliminating unnecessary downtime and
unnecessary replacement of EOCCs that still have a useful service life.
In addition, railroads or their industry association would no longer be
required to submit periodic, repetitive waiver requests related to the
current regulatory requirement.
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 ``less than zero'' consistent
with E.O. 14192, FRA 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)).
---------------------------------------------------------------------------
\4\ Public Law 104-121, 110 Stat. 857 (Mar. 29, 1996).
---------------------------------------------------------------------------
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 215; 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
[[Page 28638]]
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
This proposed rule 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
already contained in part 215 became effective when it was approved by
OMB on April 24, 2023. The OMB control number is 2130-0519, and OMB
approval expires on April 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, 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.
---------------------------------------------------------------------------
\5\ 66 FR 28355 (May 22, 2001).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\6\ 19 U.S.C. ch. 13.
---------------------------------------------------------------------------
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-2025-0119, in the SUMMARY
section of this proposed rule.
List of Subjects in 49 CFR Part 215
Freight, Penalties, Railroad safety, Reporting and recordkeeping
requirements.
The Proposed Rule
For the reasons discussed in the preamble, FRA proposes to amend
part 215 of chapter II, subtitle B of title 49, Code of Federal
Regulations as follows:
PART 215--RAILROAD FREIGHT CAR SAFETY STANDARDS
0
1. The authority citation for part 215 continues to read as follows:
Authority: 49 U.S.C. 20102-03, 20107, 20171; 28 U.S.C. 2461;
and 49 CFR 1.89.
0
2. Amend Sec. 215.127 by removing paragraph (c) and redesignating
paragraphs (d), (e), and (f) as paragraphs (c), (d), and (e), to read
as follows:
Sec. 215.127 Defective draft arrangement.
A railroad may not place or continue in service a car, if--
(a) The car has a draft gear that is inoperative;
(b) The car has a broken yoke;
(c) A vertical coupler pin retainer plate--
(1) Is missing (except by design); or
(2) Has a missing fastener;
(d) The car has a draft key, or draft key retainer, that is--
(1) Inoperative; or
[[Page 28639]]
(2) Missing; or
(e) The car has a missing or broken follower plate.
0
3. Amend Sec. 215.129 by redesignating paragraph (c) as paragraph (e),
and adding new paragraphs (c) and (d) and to read as follows:
Sec. 215.129 Defective cushioning device.
A railroad may not place or continue in service a car if it has a
cushioning device that is--
(a) Broken;
(b) Inoperative;
(c) Leaking clearly formed droplets, when not equipped with a unit
condition indicator (UCI);
(d) Equipped with a UCI that indicates a discharged cushioning
unit; or
(e) Missing a part--unless its sliding components have been
effectively immobilized.
Issued in Washington, DC.
Kyle D. Fields,
Chief Counsel.
[FR Doc. 2025-12187 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-06-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on July 1, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.