Proposed Rule2025-12188
Removing Stenciling Requirement for Freight Cars Used for Tourist, Historic, Excursion, Educational, Recreational, or Private Purposes and Not Interchanged
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Published
July 1, 2025
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
FRA proposes to exclude railroad freight cars used exclusively for tourist, historic, excursion, educational, recreational, or private purposes and that are not interchanged from the requirement that all restricted freight cars, including cars more than 50 years old, be stenciled with specific information.
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 28639-28641]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12188]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 215
[Docket No. FRA-2025-0118]
RIN 2130-AD54
Removing Stenciling Requirement for Freight Cars Used for
Tourist, Historic, Excursion, Educational, Recreational, or Private
Purposes and Not Interchanged
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: FRA proposes to exclude railroad freight cars used exclusively
for tourist, historic, excursion, educational, recreational, or private
purposes and that are not interchanged from the requirement that all
restricted freight cars, including cars more than 50 years old, be
stenciled with specific information.
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-2025-0118 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-2025-0118), and Regulatory Identification Number (RIN) for
this rulemaking (2130-AD54). 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: Steven Zuiderveen, Railroad Safety
Specialist, Office of Railroad Safety, at email:
<a href="/cdn-cgi/l/email-protection#85f6f1e0f3e0ebabfff0ece1e0f7f3e0e0ebc5e1eaf1abe2eaf3"><span class="__cf_email__" data-cfemail="37444352415259194d425e535245415252597753584319505841">[email protected]</span></a> or telephone: (202) 493-6337 or Elliott
Gillooly, Attorney Adviser, at email: <a href="/cdn-cgi/l/email-protection#056069696c6a71712b626c69696a6a697c45616a712b626a73"><span class="__cf_email__" data-cfemail="27424b4b4e48535309404e4b4b48484b5e6743485309404851">[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 exempt freight cars used
for tourist, historic, excursion, educational, recreational, or private
purposes (THEERP) from the general stenciling requirement applicable to
restricted cars, provided such THEERP cars are not interchanged among
railroads, for the reasons discussed in the below section-by-section
analysis.
II. Section-by-Section Analysis
Section 215.303 Stenciling of Restricted Cars
Section 215.303 currently requires any car described in ``Sec.
215.205(a)'' of this part to be stenciled or marked to display certain
information relevant to restricted freight cars, such as the car's age
and those components needed to completely indicate the basis for the
restricted operation of the car. FRA proposes to exempt THEERP cars
from this requirement based on requests from the owners and operators
of such cars and the review and recommendations of FRA's Railroad
Safety Advisory Committee (RSAC) working group assigned to this
topic.\1\ In addition, FRA intends to correct the reference to Sec.
215.205(a), which is a typographical error, with the correct reference
to Sec. 215.203(a).
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\1\ In April 1996, the RSAC formed the Tourist and Historic
Railroads and Private Passenger Car Working Group (Working Group).
Since that time, the Working Group has considered numerous issues
affecting tourist and historic rail operations and, in 2014,
identified issues involving FRA's regulatory treatment of tourist,
scenic, historic, excursion, educational or recreational rail
operations or private passenger rail car operations, including
stenciling requirements. See RSAC Meeting Minutes, available at
<a href="https://rsac.fra.dot.gov/radcms.rsac/File/DownloadFile?id=44">https://rsac.fra.dot.gov/radcms.rsac/File/DownloadFile?id=44</a>.
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The proposed exclusion of THEERP freight cars from the general
stenciling requirement applicable to restricted cars is intended to
reduce burdens on the owners and operators of this equipment. This
regulatory relief would incorporate long-standing waivers granted by
FRA to individual THEERP owners and operators. This relief would also
not diminish safety, as each freight car that is a restricted car, as
freight cars are under Sec. 215.203(a) when they become more than 50
years old, is still subject to Sec. 215.203(a) and its safety
requirements.\2\
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\2\ FRA is publishing an NPRM proposing to revise Sec.
215.203(a) concurrently with this NPRM. Thus, FRA proposes to
clarify in both Sec. 215.203 and Sec. 215.303 that THEERP cars
will be exempted from stenciling requirements, but not from other
requirements applicable to restricted cars.
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In addition to petitions for waivers from stenciling requirements,
FRA has also historically received petitions from many of the same
THEERP car owners or operators requesting that FRA waive
reflectorization requirements. FRA published an NPRM on the subject of
reflectorization on July 21, 2022 (87 FR 43467) and intends that any
final rule following from that NPRM will be consistent with the
currently proposed amendments to Sec. 215.303.
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
[[Page 28640]]
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 (or other owners of THEERP cars) would benefit from
this regulatory relief because they would not incur the costs of
stenciling and marking cars that are used for tourist, historic,
excursion, educational, recreational, or private purposes and not
interchanged. In addition, the proposed amendments would reduce costs
for the owners of these cars as they would no longer be required to
file individual petitions for waivers from the stenciling requirements.
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.'' \3\ 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.\4\
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\3\ Executive Office of the President. Executive Order 14192 of
January 31, 2025. Unleashing Prosperity Through Deregulation. 90 FR
9065-9067. Feb. 6, 2025.
\4\ 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 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,\5\
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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\5\ 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 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
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
The recordkeeping and reporting requirements already contained in
part 215 became effective when the information collection request was
approved by OMB on April 24, 2023. The OMB control number is 2130-0519,
and OMB approval expires on April 30, 2026. However, the stenciling
requirement for restricted cars has not previously been reported as a
burden under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.). This NPRM proposes a deregulatory action and FRA anticipates
that the overall burden on owners and operators of restricted cars will
be reduced relative to the existing regulatory requirements. FRA
requests public comment on any PRA burdens associated with the proposed
amendments to Sec. 215.303.
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.'' \6\ FRA has
evaluated this proposed rule in accordance with E.O. 13211 and
determined that this proposed rule is
[[Page 28641]]
not a ``significant energy action'' within the meaning of E.O. 13211.
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\6\ 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 \7\ 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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\7\ 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-2025-0118, 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.
Sec. 215.303 [Amended]
0
2. Amend Sec. 215.303 by revising paragraph (a) to read as follows:
Sec. 215.303 Stenciling of restricted cars.
(a) Each restricted railroad freight car that is described in Sec.
215.203(a) of this part, except for railroad freight cars used
exclusively for tourist, historic, excursion, educational,
recreational, or private purposes and that are not interchanged, shall
be stenciled, or marked--
* * * * *
Issued in Washington, DC.
Kyle D. Fields,
Chief Counsel.
[FR Doc. 2025-12188 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-06-P
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