Proposed Rule2025-12191
Repealing a Track Surface Requirement
Primary source
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Published
July 1, 2025
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
FRA proposes to repeal the runoff parameter from its track surface requirements for track Classes 1 through 5. FRA has found that other geometry requirements in FRA's regulations already capture the same safety concerns.
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 28626-28629]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12191]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 213
[Docket No. FRA-2025-0116]
RIN 2130-AD49
Repealing a Track Surface Requirement
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: FRA proposes to repeal the runoff parameter from its track
surface requirements for track Classes 1 through 5. FRA has found that
other geometry requirements in FRA's regulations already capture the
same safety concerns.
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-2025-0116 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-2025-0116), and Regulatory Identification Number (RIN) for
this rulemaking (2130-AD49). 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
[[Page 28627]]
online instructions for accessing the docket.
FOR FURTHER INFORMATION CONTACT: Yu-Jiang Zhang, Staff Director, Track
and Structures Division, Federal Railroad Administration, telephone:
(202) 493-6460, email: <a href="/cdn-cgi/l/email-protection#c8b1bda2a1a9a6afe6b2a0a9a6af88aca7bce6afa7be"><span class="__cf_email__" data-cfemail="aed7dbc4c7cfc0c980d4c6cfc0c9eecac1da80c9c1d8">[email protected]</span></a>; or Aaron Moore, Senior
Attorney, Federal Railroad Administration, telephone: (202) 853-4784,
email: <a href="/cdn-cgi/l/email-protection#7b1a1a09141555161414091e3b1f140f551c140d"><span class="__cf_email__" data-cfemail="8dececffe2e3a3e0e2e2ffe8cde9e2f9a3eae2fb">[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).
Under 49 CFR part 213, Track Safety Standards, FRA prescribes minimum
safety requirements for railroad track that is part of the general
railroad system of transportation. Some of the requirements contained
in part 213 could be updated to reduce burdens, make technical or
conforming changes, or otherwise adjust to advancing technology without
any adverse effect on railroad safety. Please review the section-by-
section analysis below for the relevant information related to FRA's
proposed change.
II. Section-by-Section Analysis
Section 213.63 Track Surface
Paragraph (a) of this section requires each track owner to maintain
the surface of its track within certain parameters set forth in a
table. FRA proposes to repeal the runoff parameter from these track
surface requirements. A working group of FRA's Railroad Safety Advisory
Committee previously considered removing this parameter from FRA's
regulations in 2019 and 2022.\1\ The other parameters in FRA's
regulations, including the thresholds outlined in existing paragraph
(a), already capture the same track surface safety concerns. FRA
proposes removing the runoff parameter from the existing table in
paragraph (a).
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\1\ See Track Standards Working Group Update, June 27, 2022,
available at <a href="https://rsac.fra.dot.gov/meetings?id=61">https://rsac.fra.dot.gov/meetings?id=61</a>; Track
Standards Working Group Update, Dec. 12, 2022, available at <a href="https://rsac.fra.dot.gov/meetings?id=62">https://rsac.fra.dot.gov/meetings?id=62</a>; Approved Minutes from Dec. 12,
2022, RSAC Meeting, available at <a href="https://rsac.fra.dot.gov/meetings?id=63">https://rsac.fra.dot.gov/meetings?id=63</a>.
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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 proposed rule under 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 NPRM is not
a significant regulatory action under section 3(f) of E.O. 12866. FRA
proposes to remove the runoff parameter from the track surface
requirements in 49 CFR 213.63(a), as it is unnecessary and the other
geometry requirements in that paragraph capture the same safety
concerns.
FRA analyzed the potential costs and benefits of this proposed
rule. Because this proposed rule would reduce the regulatory burden on
track owners by eliminating the costs to measure and meet the runoff
parameters currently set forth in 49 CFR 213.63(a), this proposed rule
would provide cost savings to regulated entities. In addition, this
proposed rule would provide some qualitative benefits to regulated
entities and the U.S. government by eliminating an unnecessary
requirement from part 213.
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.'' \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. 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 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 rule proposes to remove an unnecessary requirement
from part 213 that would otherwise require entities to measure and meet
the runoff parameters in existing 49 CFR 213.63(a). While this rule may
impact many regulated entities, including small entities, the proposed
rule would reduce the regulatory burden on track owners and provide
benefits by eliminating the costs associated with measuring and meeting
runoff parameters. 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
[[Page 28628]]
the person listed under FOR FURTHER INFORMATION CONTACT.
D. Paperwork Reduction Act
This proposed rule offers regulatory flexibilities, and it contains
no new information collection requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501-3520). Therefore, an information
collection submission to OMB is not 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.
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 would 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, 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 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.
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 (Nov. 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 \5\ 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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\5\ 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="https://www.regulations.gov">https://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-2025-0116, in the SUMMARY
section of this proposed rule.
List of Subjects in 49 CFR Part 213
Penalties, Railroad safety, Reporting and recordkeeping
requirements.
The Proposed Rule
For the reasons discussed in the preamble, FRA proposes to amend
part 213 of chapter II, subtitle B of title 49, Code of Federal
Regulations as follows:
0
1. The authority citation for part 213 continues to read as follows:
Authority: 49 U.S.C. 20102-20114 and 20142; 28 U.S.C. 2461 note;
and 49 CFR 1.89.
0
2. Revise Sec. 213.63(a) to read as follows:
Sec. 213.63 Track surface.
(a) Except as provided in paragraph (b) of this section, each track
owner shall maintain the surface of its track within the limits
prescribed in the following table:
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Class of track
Track surface (inches) ----------------------------------------------------------------
1 2 3 4 5
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The deviation from uniform profile on either 3 2\3/4\ 2\1/4\ 2 1\1/4\
rail at the mid-ordinate of a 62-foot chord
may not be more than..........................
The deviation from zero crosslevel at any point 3 2 1\3/4\ 1\1/4\ 1
on tangent or reverse crosslevel elevation on
curves may not be more than...................
The difference in crosslevel between any two 3 2\1/4\ 2 1\3/4\ 1\1/2\
points less than 62 feet apart may not be more
than *\1\ \2\.................................
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* Where determined by engineering decision 2 1\3/4\ 1\1/4\ 1 \3/4\
prior to June 22, 1998, due to physical
restrictions on spiral length and operating
practices and experience, the variation in
crosslevel on spirals per 31 feet may not be
more than.....................................
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\1\ Except as limited by Sec. 213.57(a), where the elevation at any point in a curve equal or exceeds 6
inches, the difference in crosslevel within 62 feet between that point and a point with greater elevation may
not be more than 1\1/2\ inches.
\2\ However, to control harmonics on Class 2 through 5 jointed track with staggered joints, the crosslevel
differences shall not exceed 1\1/4\ inches in all of six consecutive pairs of joints, as created by seven low
joints. Track with joints staggered less than 10 feet apart shall not be considered as having staggered
joints. Joints within the seven low joints outside of the regular joint spacing shall not be considered as
joints for purposes of this footnote.
* * * * *
Issued in Washington, DC.
Kyle D. Fields,
Chief Counsel.
[FR Doc. 2025-12191 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-06-P
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