Updating the Definition of Person
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Abstract
This final rule updates the definition of "person" in FRA's regulations to provide for regulatory consistency. FRA is making these clarifying changes to better align with FRA's safety jurisdiction and to conform definitions in FRA's older regulations with the definition of "person" that FRA has used in its most recent rulemakings. In one section where "person" is defined, FRA is also replacing references to specific penalty amounts with general references to FRA's minimum civil monetary penalty, ordinary maximum civil monetary penalty, and aggravated maximum civil monetary penalty amounts, consistent with FRA's current practice.
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 28123-28128]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12190]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Parts 209, 217, 219, 223, 224, 225, 227, 230, 238, 239, 240,
241, 242, 243, 244, 245, and 246
[Docket No. FRA-2025-0115]
RIN 2130-AD56
Updating the Definition of Person
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: This final rule updates the definition of ``person'' in FRA's
regulations to provide for regulatory consistency. FRA is making these
clarifying changes to better align with FRA's safety jurisdiction and
to conform definitions in FRA's older regulations with the definition
of ``person'' that FRA has used in its most recent rulemakings. In one
section where ``person'' is defined, FRA is also replacing references
to specific penalty amounts with general references to FRA's minimum
civil monetary penalty, ordinary maximum civil monetary penalty, and
aggravated maximum civil monetary penalty amounts, consistent with
FRA's current practice.
DATES: This rule is effective July 31, 2025.
FOR FURTHER INFORMATION CONTACT: Elliott Gillooly, Attorney Adviser,
Office of the Chief Counsel, Federal Railroad Administration, at
telephone: (202) 897-8666 or email: <a href="/cdn-cgi/l/email-protection#89ece5e5e0e6fdfda7eee0e5e5e6e6e5f0c9ede6fda7eee6ff"><span class="__cf_email__" data-cfemail="abcec7c7c2c4dfdf85ccc2c7c7c4c4c7d2ebcfc4df85ccc4dd">[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)
and repealing or updating requirements that are outdated or redundant.
This final rule updates the definition of ``person'' in FRA's
regulations to provide for regulatory consistency. Recent additions to
the CFR, including 49 CFR 270.5, have defined ``person'' with reference
to 49 U.S.C. 21301, which establishes FRA's general civil penalty
authority. Accordingly, FRA is now amending the definition of
``person'' to remove references to ``1 U.S.C. 1,'' and replace it with
``49 U.S.C. 21301.'' This change will better align the definitions with
FRA's general safety jurisdiction. The section-by-section analysis
below describes all sections that FRA is amending in this final rule.
II. Final Rule
Under the Administrative Procedure Act, 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
administrative updates to the CFR to provide a consistent statutory
reference in the definition of ``person,'' and is replacing references
to specific civil penalty amounts with a general reference to 49 CFR
part 209, appendix A, notice and comment are not necessary.
II. Section-by-Section Analysis
Part 209--Railroad Safety Enforcement Procedures
Section 209.3 Definitions
FRA is removing reference to 1 U.S.C. 1 in the first sentence of
the definition of ``person'' and replacing it with 49 U.S.C. 21301.
Part 217--Railroad Operating Rules
Section 217.5 Penalty
FRA is removing reference to 1 U.S.C. 1 in the first sentence of
this section, in the parenthetical that defines ``person,'' and
replacing it with 49 U.S.C. 21301. FRA is also replacing references to
specific penalty amounts with general references to the minimum civil
monetary penalty, ordinary maximum civil monetary penalty, and
aggravated maximum civil monetary penalty. FRA is adding language to
this section referring readers to 49 CFR part 209, appendix A, where
FRA will continue to specify statutorily provided civil penalty amounts
updated for inflation. FRA is also amending this section 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>.
Part 219--Control of Alcohol and Drug Use
Section 219.5 Definitions
FRA is removing reference to 1 U.S.C. 1 in the first sentence of
the definition of ``person'' and replacing it with 49 U.S.C. 21301.
Part 223--Safety Glazing Standards--Locomotives, Passenger Cars and
Cabooses
Section 223.5 Definitions
FRA is removing reference to 1 U.S.C. 1 in the first sentence of
the definition of ``person'' and replacing it with 49 U.S.C. 21301.
Part 224--Reflectorization of Rail Freight Rolling Stock
Section 224.5 Definitions
FRA is removing reference to 1 U.S.C. 1 in the first sentence of
the definition of ``person'' and replacing it with 49 U.S.C. 21301.
Part 225--Railroad Accidents/Incidents: Reports Classification and
Investigations
Section 225.5 Definitions
FRA is removing reference to 1 U.S.C. 1 in the first sentence of
the definition of ``person'' and replacing it with 49 U.S.C. 21301.
Part 227--Occupational Safety and Health in the Locomotive Cab
Section 227.5 Definitions
FRA is removing reference to 1 U.S.C. 1 in the first sentence of
the definition of ``person'' and replacing it with 49 U.S.C. 21301.
Part 230--Steam Locomotive Inspection and Maintenance Standards
Section 230.8 Definitions
FRA is removing reference to 1 U.S.C. 1 in the first sentence of
the definition of ``person'' and replacing it with 49 U.S.C. 21301.
Part 238--Passenger Equipment Safety Standards
Section 238.5 Definitions
FRA is removing reference to 1 U.S.C. 1 in the first sentence of
the definition of ``person'' and replacing it with 49 U.S.C. 21301.
Part 239--Passenger Train Emergency Preparedness
Section 239.7 Definitions
FRA is removing reference to 1 U.S.C. 1 in the first sentence of
the definition of ``person'' and replacing it with 49 U.S.C. 21301.
[[Page 28124]]
Part 240--Qualification and Certification of Locomotive Engineers
Section 240.7 Definitions
FRA is removing reference to 1 U.S.C. 1 in the first sentence of
the definition of ``person'' and replacing it with 49 U.S.C. 21301.
Part 241--United States Locational Requirement for Dispatching of
United States Rail Operations
Section 241.5 Definitions
FRA is removing reference to 1 U.S.C. 1 in the first sentence of
the definition of ``person'' and replacing it with 49 U.S.C. 21301.
Part 242--Qualification and Certification of Conductors
Section 242.7 Definitions
FRA is removing reference to 1 U.S.C. 1 in the first sentence of
the definition of ``person'' and replacing it with 49 U.S.C. 21301.
Part 243--Training, Qualification, and Oversight for Safety-Related
Railroad Employees
Section 243.5 Definitions
FRA is removing reference to 1 U.S.C. 1 in the first sentence of
the definition of ``person'' and replacing it with 49 U.S.C. 21301.
Part 244--Regulations on Safety Integration Plans Governing Railroad
Consolidations, Mergers, and Acquisitions of Control
Section 244.9 Definitions
FRA is removing reference to 1 U.S.C. 1 in the first sentence of
the definition of ``person'' and replacing it with 49 U.S.C. 21301.
Part 245--Qualification and Certification of Dispatchers
Section 245.7 Definitions
FRA is removing reference to 1 U.S.C. 1 in the first sentence of
the definition of ``person'' and replacing it with 49 U.S.C. 21301.
Part 246--Certification of Signal Employees
Section 246.7 Definitions
FRA is removing reference to 1 U.S.C. 1 in the first sentence of
the definition of ``person'' and replacing it with 49 U.S.C. 21301.
III. 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.
This final rule makes administrative changes such as updating
statutory references in the CFR, and replacing references to specific
penalty amounts with general references to the minimum civil monetary
penalty, ordinary maximum civil monetary penalty, and aggravated
maximum civil monetary penalty, 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
updating the language of various parts of FRA's regulations to provide
regulatory consistency and to direct regulated entities to the
appropriate civil monetary penalty amounts.
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, 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.\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
This final rule contains no new information collection requirements
in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.). Therefore, no information collection submission to OMB or
approval is required.
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 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.
[[Page 28125]]
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 rule in accordance with the principles and
criteria contained in E.O. 13175, Consultation and Coordination with
Indian Tribal Governments (Nov. 6, 2000). The 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 \3\ 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 U.S.
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\3\ 19 U.S.C. ch. 13.
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List of Subjects
49 CFR Part 209
Administrative practice and procedure, Hazardous materials
transportation, Penalties, Railroad safety, Reporting and recordkeeping
requirements.
49 CFR Parts 217, 224, 230, 239
Penalties, Railroad safety, and Reporting and recordkeeping
requirements.
49 CFR Part 219
Alcohol abuse, Drug abuse, Drug testing, Penalties, Railroad
safety, Reporting and recordkeeping requirements, Safety,
Transportation.
49 CFR Parts 240, 242, 243, and 244
Administrative practice and procedure, Penalties, Railroad safety,
Reporting and recordkeeping requirements.
49 CFR Part 223
Glazing standards, Penalties, Railroad safety, Reporting and
recordkeeping requirements.
49 CFR Part 225
Investigations, Penalties, Railroad safety, Reporting and
recordkeeping requirements.
49 CFR Part 227
Noise control, Occupational safety and health, Penalties, Railroad
safety, Reporting and recordkeeping requirements.
49 CFR Part 238
Fire prevention, Passenger equipment, Penalties, Railroad safety,
Reporting and recordkeeping requirements.
49 CFR Part 241
Communications, Penalties, Railroad safety, Reporting and
recordkeeping requirements.
49 CFR Part 245
Administrative practice and procedure, Dispatcher, Penalties,
Railroad employees, Railroad operating procedures, Railroad safety,
Reporting and recordkeeping requirements.
49 CFR Part 246
Administrative practice and procedure, Signal employee, Penalties,
Railroad employees, Railroad safety, Reporting and recordkeeping
requirements.
The Final Rule
For the reasons discussed in the preamble, FRA amends parts 209,
217, 219, 223, 224, 225, 227, 230, 238, 239, 240, 241, 242, 243, 244,
245, and 246 of chapter II, subtitle B of title 49, Code of Federal
Regulations as follows:
PART 209--RAILROAD SAFETY ENFORCEMENT PROCEDURES
0
1. The authority citation for part 209 continues to read as follows:
Authority: 49 U.S.C. 5123, 5124, 20103, 20107, 20111, 20112,
20114; 28 U.S.C. 2461 note; and 49 CFR 1.89.
0
2. In Sec. 209.3, revise the definition of ``Person'' to read as
follows:
Sec. 209.3 Definitions.
* * * * *
Person generally includes all categories of entities covered under
49 U.S.C. 21301, including but not limited to the following: a
railroad; any manager, supervisor, official, or other employee or agent
of a railroad; any owner, manufacturer, lessor, or lessee of railroad
equipment, track, or facilities; any independent contractor providing
goods or services to a railroad; and any employee of such owner,
manufacturer, lessor, lessee, or independent contractor; however,
person, when used to describe an entity that FRA alleges to have
committed a violation of the provisions of law formerly contained in
the Hazardous Materials Transportation Act or contained in the
Hazardous Materials Regulations, has the same meaning as in 49 U.S.C.
5102(9) (formerly codified at 49 App. U.S.C. 1802(11)), i.e., an
individual, firm, copartnership, corporation, company, association,
joint-stock association, including any trustee, receiver, assignee, or
similar representative thereof, or government, Indian tribe, or
authority of a government or tribe when offering hazardous material for
transportation in commerce or transporting hazardous material to
further a commercial enterprise, but such term does not include the
United States Postal Service or, for the purposes of 49 U.S.C. 5123-
5124 (formerly contained in sections 110 and 111 of the Hazardous
Materials Transportation Act and formerly codified at 49 App. U.S.C.
1809-1810), a department, agency, or instrumentality of the Federal
Government.
* * * * *
PART 217--RAILROAD OPERATING RULES
0
3. The authority citation for part 217 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20168, 28 U.S.C. 2461, note;
and 49 CFR 1.89.
0
4. Revise Sec. 217.5 to read as follows:
Sec. 217.5 Penalty.
(a) Any person (an entity of any type covered under 49 U.S.C.
21301, including but not limited to the following: a railroad; a
manager, supervisor, official, or other employee or agent of a
railroad; any owner, manufacturer, lessor, or lessee of railroad
equipment, track, or facilities; any independent contractor providing
goods or services to a railroad; and any employee of such owner,
manufacturer, lessor, lessee, or independent contractor) who violates
any requirement of this part or causes the violation of any such
requirement is subject to a civil penalty of at least the
[[Page 28126]]
minimum civil monetary penalty and not more than the ordinary maximum
civil monetary penalty per violation, except that: Penalties may be
assessed against individuals only for willful violations, and, a
penalty not to exceed the aggravated maximum civil monetary penalty per
violation may be assessed, where:
(1) A grossly negligent violation, or a pattern of repeated
violations, has created an imminent hazard of death or injury to
persons; or
(2) A death or injury has occurred. See 49 CFR part 209, appendix
A.
(b) Each day a violation continues shall constitute a separate
offense. See FRA's website at <a href="https://railroads.dot.gov/">https://railroads.dot.gov/</a> for a
statement of agency civil penalty policy.
PART 219--CONTROL OF ALCOHOL AND DRUG USE
0
5. The authority citation for part 219 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20140, 21301, 21304, 21311;
28 U.S.C. 2461 note; Div. A, Sec. 412, Pub. L. 110-432, 122 Stat.
4889 (49 U.S.C. 20140 note); Sec. 8102, Pub. L. 115-271, 132 Stat.
3894; and 49 CFR 1.89.
0
6. In Sec. 219.5, revise the definition of ``Person'' to read as
follows:
Sec. 219.5 Definitions.
* * * * *
Person means an entity of any type covered under 49 U.S.C. 21301,
including but not limited to the following: A railroad; a manager,
supervisor, official, or other employee or agent of a railroad; any
owner, manufacturer, lessor, or lessee of railroad equipment, track, or
facilities; any independent contractor providing goods or services to a
railroad, such as a service agent performing functions under part 40 of
this title; and any employee of such owner, manufacturer, lessor,
lessee, or independent contractor.
* * * * *
PART 223--SAFETY GLAZING STANDARDS--LOCOMOTIVES, PASSENGER CARS AND
CABOOSES
0
7. The authority citation for part 223 continues to read as follows:
Authority: 49 U.S.C. 20102-20103, 20133, 20701-20702, 21301-
21302, 21304; 28 U.S.C. 2461 note; and 49 CFR 1.89.
0
8. In Sec. 223.5, revise the definition of ``Person'' to read as
follows:
Sec. 223.5 Definitions.
* * * * *
Person includes all categories of entities covered under 49 U.S.C.
21301, including, but not limited to, a railroad; any manager,
supervisor, official, or other employee or agent of a railroad; any
owner, manufacturer, lessor, or lessee of railroad equipment, track, or
facilities; any passenger, any trespasser or nontrespasser; any
independent contractor providing goods or services to a railroad; and
any employee of such owner, manufacturer, lessor, lessee, or
independent contractor.
* * * * *
PART 224--REFLECTORIZATION OF RAIL FREIGHT ROLLING STOCK
0
9. The authority citation for part 224 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20148 and 21301; 28 U.S.C.
2461 note; and 49 CFR 1.89.
0
10. In Sec. 224.5, revise the definition of ``Person'' to read as
follows:
Sec. 224.5 Definitions.
* * * * *
Person means an entity of any type covered under 49 U.S.C. 21301,
including but not limited to the following: A railroad; a manager,
supervisor, official, or other employee or agent of a railroad; any
owner, manufacturer, lessor, or lessee of railroad equipment, track or
facilities; any independent contractor providing goods or services to a
railroad; and any employee of such an owner, manufacturer, lessor,
lessee, or independent contractor.
* * * * *
PART 225--RAILROAD ACCIDENTS/INCIDENTS: REPORTS CLASSIFICATION, AND
INVESTIGATIONS
0
11. The authority citation for part 225 continues to read as follows:
Authority: 49 U.S.C. 103, 322(a), 20103, 20107, 20901-20902,
21301, 21302, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89.
0
12. In Sec. 225.5, revise the definition of ``Person'' to read as
follows:
Sec. 225.5 Definitions.
* * * * *
Person includes all categories of entities covered under 49 U.S.C.
21301, including, but not limited to, a railroad; any manager,
supervisor, official, or other employee or agent of a railroad; any
owner, manufacturer, lessor, or lessee of railroad equipment, track, or
facilities; any passenger; any trespasser or nontrespasser; any
independent contractor providing goods or services to a railroad; any
volunteer providing goods or services to a railroad; and any employee
of such owner, manufacturer, lessor, lessee, or independent contractor.
* * * * *
PART 227--OCCUPATIONAL SAFETY AND HEALTH IN THE LOCOMOTIVE CAB
0
13. The authority citation for part 227 continues to read as follows:
Authority: 49 U.S.C. 20103, 20103 note, 20166, 20701-20703,
21301, 21302, 21304; 28 U.S.C. 2461 note; and 49 CFR 1.89.
0
14. In Sec. 227.5, revise the definition of ``Person'' to read as
follows:
Sec. 227.5 Definitions.
* * * * *
Person means an entity of any type covered under 49 U.S.C. 21301,
including but not limited to the following: a railroad; a manager,
supervisor, official, or other employee or agent of a railroad; an
owner, manufacturer, lessor, or lessee of railroad equipment, track, or
facilities; an independent contractor providing goods or services to a
railroad; and any employee of such owner, manufacturer, lessor, lessee,
or independent contractor.
* * * * *
PART 230--STEAM LOCOMOTIVE INSPECTION AND MAINTENANCE STANDARDS
0
15. The authority citation for part 230 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20702; 28 U.S.C. 2461 note;
and 49 CFR 1.89.
0
16. In Sec. 230.8, revise the definition of ``Person'' to read as
follows:
Sec. 230.8 Definitions.
* * * * *
Person. An entity of any type covered under 49 U.S.C. 21301,
including but not limited to the following: a railroad; a manager,
supervisor, official, or other employee or agent of a railroad; any
owner, manufacturer, lessor, or lessee of railroad equipment, track, or
facilities; any independent contractor providing goods or services to a
railroad; and any employee of such owner, manufacturer, lessor, lessee,
or independent contractor.
* * * * *
PART 238--PASSENGER EQUIPMENT SAFETY STANDARDS
0
17. The authority citation for part 238 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20133, 20141, 20302-20303,
20306, 20701-20702,
[[Page 28127]]
21301-21302, 21304; 28 U.S.C. 2461 note; and 49 CFR 1.89.
0
18. In Sec. 238.5, revise the definition of ``Person'' to read as
follows:
Sec. 238.5 Definitions.
* * * * *
Person means an entity of any type covered under 49 U.S.C. 21301,
including but not limited to the following: a railroad; a manager,
supervisor, official, or other employee or agent of a railroad; any
owner, manufacturer, lessor, or lessee of railroad equipment, track, or
facilities; any independent contractor providing goods or services to a
railroad; and any employee of such owner, manufacturer, lessor, lessee,
or independent contractor.
* * * * *
PART 239--PASSENGER TRAIN EMERGENCY PREPAREDNESS
0
19. The authority citation for part 239 continues to read as follows:
Authority: 49 U.S.C. 20102-20103, 20105-20114, 20133, 21301,
21304, and 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89.
0
20. In Sec. 239.7, revise the definition of ``Person'' to read as
follows:
Sec. 239.7 Definitions.
* * * * *
Person includes all categories of entities covered under 49 U.S.C.
21301, including, but not limited to, a railroad; any manager,
supervisor, official, or other employee or agent of a railroad; any
owner, manufacturer, lessor, or lessee of railroad equipment, track, or
facilities; any passenger; any trespasser or nontrespasser; any
independent contractor providing goods or services to a railroad; any
volunteer providing goods or services to a railroad; and any employee
of such owner, manufacturer, lessor, lessee, or independent contractor.
* * * * *
PART 240--QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS
0
21. The authority citation for part 240 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20135, 21301, 21304, 21311;
28 U.S.C. 2461 note; and 49 CFR 1.89.
0
22. In Sec. 240.7, revise the definition of ``Person'' to read as
follows:
Sec. 240.7 Definitions.
* * * * *
Person means an entity of any type covered under 49 U.S.C. 21301,
including but not limited to the following: a railroad; a manager,
supervisor, official, or other employee or agent of a railroad; any
owner, manufacturer, lessor, or lessee of railroad equipment, track, or
facilities; any independent contractor providing goods or services to a
railroad; and any employee of such owner, manufacturer, lessor, lessee,
or independent contractor.
* * * * *
PART 241--UNITED STATES LOCATIONAL REQUIREMENT FOR DISPATCHING OF
UNITED STATES RAIL OPERATIONS
0
23. The authority citation for part 241 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 21301, 21304, 21311; 28
U.S.C. 2461 note; 49 CFR 1.89.
0
24. In Sec. 241.5, revise the definition of ``Person'' to read as
follows:
Sec. 241.5 Definitions.
* * * * *
Person means an entity of a type covered under 49 U.S.C. 21301,
including but not limited to the following: a railroad; a manager,
supervisor, official, or other employee or agent of a railroad; an
owner, manufacturer, lessor, or lessee of railroad equipment, track, or
facilities; an independent contractor providing goods or services to a
railroad; and an employee of such owner, manufacturer, lessor, lessee,
or independent contractor.
* * * * *
PART 242--QUALIFICATION AND CERTIFICATION OF CONDUCTORS
0
25. The authority citation for part 242 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20135, 20138, 20162, 20163,
21301, 21304, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89.
0
26. In Sec. 242.7, revise the definition of ``Person'' to read as
follows:
Sec. 242.7 Definitions.
* * * * *
Person means an entity of any type covered under 49 U.S.C. 21301,
including but not limited to the following: A railroad; a manager,
supervisor, official, or other employee or agent of a railroad; any
owner, manufacturer, lessor, or lessee of railroad equipment, track, or
facilities; any independent contractor providing goods or services to a
railroad; and any employee of such owner, manufacturer, lessor, lessee,
or independent contractor.
* * * * *
PART 243--TRAINING, QUALIFICATION, AND OVERSIGHT FOR SAFETY-RELATED
RAILROAD EMPLOYEES
0
27. The authority citation for part 243 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20131-20155, 20162, 20301-
20306, 20701-20702, 21301-21304, 21311; 28 U.S.C. 2461 note; and 49
CFR 1.89.
0
28. In Sec. 243.5, revise the definition of ``Person'' to read as
follows:
Sec. 243.5 Definitions.
* * * * *
Person means an entity of any type covered under 49 U.S.C. 21301,
including, but not limited to, the following: A railroad; a manager,
supervisor, official, or other employee or agent of a railroad; any
owner, manufacturer, lessor, or lessee of railroad equipment, track, or
facilities; any independent contractor providing goods or services to a
railroad; and any employee of such owner, manufacturer, lessor, lessee,
or independent contractor.
* * * * *
PART 244--REGULATIONS ON SAFETY INTEGRATION PLANS GOVERNING
RAILROAD CONSOLIDATIONS, MERGERS, AND ACQUISITIONS OF CONTROL
0
29. The authority citation for part 244 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 21301; 5 U.S.C. 553 and 559;
28 U.S.C. 2461 note; and 49 CFR 1.89.
0
30. In Sec. 244.9, revise the definition of ``Person'' to read as
follows:
Sec. 244.9 Definitions.
* * * * *
Person means an entity of any type covered under 49 U.S.C. 21301,
including the following: A railroad; a manager, supervisor, official,
or other employee or agent of a railroad; any owner, manufacturer,
lessor, or lessee of railroad equipment, track, or facilities; any
independent contractor providing goods or services to a railroad; and
any employee of such owner, manufacturer, lessor, lessee, or
independent contractor.
* * * * *
[[Page 28128]]
PART 245--QUALIFICATION AND CERTIFICATION OF DISPATCHERS
0
31. The authority citation for part 245 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20162, 21301, 21304, 21311;
28 U.S.C. 2461 note; 49 CFR 1.89; and Pub. L. 110-432, sec. 402, 122
Stat. 4884.
0
32. In Sec. 245.7, revise the definition of ``Person'' to read as
follows:
Sec. 245.7 Definitions.
* * * * *
Person means an entity of any type covered under 49 U.S.C. 21301,
including but not limited to the following: a railroad; a manager,
supervisor, official, or other employee or agent of a railroad; any
owner, manufacturer, lessor, or lessee of railroad equipment, track, or
facilities; any independent contractor providing goods or services to a
railroad; and any employee of such owner, manufacturer, lessor, lessee,
or independent contractor.
* * * * *
PART 246--CERTIFICATION OF SIGNAL EMPLOYEES
0
33. The authority citation for part 246 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20162, 21301, 21304, 21311;
28 U.S.C. 2461 note; 49 CFR 1.89; and Pub. L. 110-432, sec. 402, 122
Stat. 4884.
0
34. In Sec. 246.7, revise the definition of ``Person'' to read as
follows:
Sec. 246.7 Definitions.
* * * * *
Person means an entity of any type covered under 49 U.S.C. 21301,
including but not limited to the following: a railroad; a manager,
supervisor, official, or other employee or agent of a railroad; any
owner, manufacturer, lessor, or lessee of railroad equipment, track, or
facilities; any independent contractor or subcontractor providing goods
or services to a railroad; and any employee of such owner,
manufacturer, lessor, lessee, or independent contractor or
subcontractor.
* * * * *
Issued in Washington, DC.
Kyle D. Fields,
Chief Counsel.
[FR Doc. 2025-12190 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-06-P
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</html>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.