Proposed Rule2025-12192
Repealing Special Approval Requirement for Freight Cars More Than 50 Years Old
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Published
July 1, 2025
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
FRA proposes to amend its freight car safety regulations to repeal the requirement for special approval to place or continue a freight car in service if it is more than 50 years old or equipped with any design or type component listed in appendix A to this part. Instead, railroads would be able to continue or place such "overage" cars in service after complying with uniform safety requirements. Those requirements would include comprehensive shop inspections by a designated inspector, single-car air brake testing, recordkeeping, and, as appropriate, stenciling. The proposed requirements are consistent with the most important conditions that FRA now requires through the existing special approval process. Repealing the special approval process and replacing it with the proposed, uniform requirements would provide equivalent safety outcomes while reducing burdens on railroads and eliminating the added delay involved in petitioning FRA for a special approval.
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 28633-28636]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12192]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 215
[Docket No. FRA-2025-0117]
RIN 2130-AD46
Repealing Special Approval Requirement for Freight Cars More Than
50 Years Old
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: FRA proposes to amend its freight car safety regulations to
repeal the requirement for special approval to place or continue a
freight car in service if it is more than 50 years old or equipped with
any design or type component listed in appendix A to this part.
Instead, railroads would be able to continue or place such ``overage''
cars in service after complying with uniform safety requirements. Those
requirements would include comprehensive shop inspections by a
designated inspector, single-car air brake testing, recordkeeping, and,
as appropriate, stenciling. The proposed requirements are consistent
with the most important conditions that FRA now requires through the
existing special approval process. Repealing the special approval
process and replacing it with the proposed, uniform requirements would
provide equivalent safety outcomes while reducing burdens on railroads
and eliminating the added delay involved in petitioning FRA for a
special approval.
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-2025-0117 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-2025-0117), and Regulatory Identification Number (RIN) for
this rulemaking (2130-AD46). 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#7c0f08190a19125206091518190e0a1919123c181308521b130a"><span class="__cf_email__" data-cfemail="bfcccbdac9dad191c5cad6dbdacdc9dadad1ffdbd0cb91d8d0c9">[email protected]</span></a> or telephone: (202) 493-6337 or Elliott
Gillooly, Attorney Adviser, at email: <a href="/cdn-cgi/l/email-protection#c3a6afafaaacb7b7eda4aaafafacacafba83a7acb7eda4acb5"><span class="__cf_email__" data-cfemail="5c39303035332828723b353030333330251c383328723b332a">[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 reduce the burden on
railroads required to maintain older freight cars in service, while
maintaining important inspection and testing requirements for those
cars. Please see the details of the proposed changes in the below
section-by-section analysis.
II. Section-by-Section Analysis
Section 215.203--Restricted Cars
Section 215.203 currently restricts the operation of any railroad
freight car that is more than 50 years old, and any car of a design or
equipped with a component listed in appendix A to part 215, by
prohibiting its placement or continuance in service, except under
conditions approved by FRA. A railroad is required to petition FRA to
obtain the required special approval. The petition currently must be
submitted at least 90 days before the car is used and state the
following information: (i) The name and principal business address of
the petitioning railroad; (ii) the name and address of the entity that
controls the operation and maintenance of the car involved; (iii) the
number, type, capacity, reporting marks, and car numbers of the cars,
their condition, status, and age measured from the date of original
construction; (iv) the design, type component, or other item that
causes the car to be restricted; (v) the maximum load the cars would
carry; (vi) the maximum speed at which the cars would be operated;
(vii) that each car has been examined and found to be safe to operate
under the conditions set forth in the petition; and (viii) the
territorial limits within which the cars are to be operated and the
name of each railroad that will receive the cars in interchange.
Before FRA makes a decision on a petition, an FRA inspector
examines all the cars, or a number of cars representative of all the
cars, that are the subject of the railroad's petition for compliance
with all Federal safety requirements, including 49 CFR parts 215
(Railroad Freight Car Safety Standards), 231 (Railroad Safety Appliance
Standards) and 232 (Brake System Safety Standards). The FRA inspector
makes a recommendation following this inspection, and FRA's Safety
Board renders a decision based on the petition and the inspector's
findings. When approving a railroad's petition, the Safety Board
routinely imposes conditions on the placement or continuation of the
subject cars in service, such as the completion of a comprehensive shop
inspection by qualified personnel, and conditional
[[Page 28634]]
requirements periodically thereafter. Approvals may also include
conditions such as speed limitations, or limitations on the service in
which a car or cars may be used. A single-car air brake test (SCABT)
may also be required at intervals shorter than generally required by
FRA's Brake System Safety Standards in part 232.
FRA's proposed amendments preserve the essential requirements of
the existing regulation, including a comprehensive mechanical
inspection and SCABT before the car is placed or continued in service
as a restricted car and every two years thereafter. FRA has
preliminarily determined that some information required in a petition
under the current regulation is not necessary for a railroad to make
the determination that freight cars more than 50 years old are safe to
continue in service. Specifically, the proposed amendments would not
require railroads to state any speed restrictions placed on the cars or
the maximum loads they will carry as a condition of compliance with
Sec. 215.203. Generally, speed limitations and loads will be
determined in accordance with the type of car, type of commodity, class
of track, terrain, intended routes, and railroad operating rules.
Regulated entities would be required to maintain records of all
required inspections and tests, including a certification that the
subject cars are safe for the service in which they will be placed.
FRA also proposes to delete one category of restricted car
currently included in Sec. 215.203--Sec. 215.203(a)(3), a railroad
freight car that is ``[e]quipped with a Duryea underframe constructed
before April 1, 1950, except for a caboose which is operated as the
last car in a train''--as this category is redundant. Any car meeting
the condition that it was built before April 1, 1950 is a car more than
50 years old and is included as a restricted car for that reason,
regardless of whether it is equipped with a Duryea underframe. FRA has
not identified any reason to exclude Duryea underframe cabooses from
the requirements placed on restricted cars, as they now are.
FRA proposes to add at Sec. 215.203(b) that ``[r]ailroad freight
cars approved under a standard such as the Office Manual of the
Association of American Railroads' Interchange Rule 88 Increased Life
Status process are exempt from the requirements of this section for up
to 65 years of service life.'' This proposed addition would allow a
railroad to place or continue a freight car in service without
complying with the requirements of Sec. 215.203(a) only if the car has
been approved under an industry standard designed for the safety
assessment and maintenance of older cars, which FRA believes will
ensure such cars are safe to operate for an additional 15 years beyond
the 50-year mark. The industry standards under the Office Manual of the
Association of American Railroads' Interchange Rule 88 are more
stringent than current FRA requirements for restricted cars and more
stringent than any restrictions that FRA proposes in this NPRM.
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.
FRA proposes to amend its freight car regulations to repeal and
replace the requirement for special approval to place or continue a
freight car more than 50 years old in service, as it would eliminate
the added delay and any uncertainty involved in petitioning FRA for a
special approval. FRA analyzed the potential costs and benefits of this
proposed rule. Railroads would benefit from this regulatory relief
because they would be able to keep certain older cars in service,
provided that the cars are inspected and tested as required and found
safe for service. Railroads would also avoid the additional costs
associated with filing petitions for special approvals with FRA,
including the time and expense required to complete the petitions and
have employees present for FRA inspections prior to a Safety Board
decision. Some of this regulatory relief may be offset by the
additional costs from the proposed record retention requirement to
maintain all required inspections and tests. However, these additional
costs may be negligible and outweighed by the benefits of keeping
certain older cars in service without the existing special approval
process. FRA welcomes any comments from the public on the impacts of
this proposed rule.
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 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 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,\3\
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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\3\ 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 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 28635]]
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 petition
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. 215.203.
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, 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 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 \4\ 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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\4\ 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-2025-0117, 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. 215.203 [Amended]
0
2. Revise Sec. 215.203 to read as follows:
Sec. 215.203 Restricted cars.
(a) A railroad may operate a railroad freight car that is more than
50 years old, measured from the date of original construction, or a
freight car that is equipped with any design or type
[[Page 28636]]
component listed in appendix A to this part, only under the following
conditions:
(1) The railroad maintains a record of each car and makes such
record available to FRA upon request, including the following
information:
(i) The number, type, capacity, reporting marks, and car number of
the car, and its condition, status, and age measured from the date of
original construction; and
(ii) The design, type component, or other item that causes the car
to be restricted; and
(2) The car must undergo a comprehensive shop inspection by a
designated inspector, as defined in Sec. 215.11, at least once every 2
years. At a minimum, each inspection must include the following and be
documented in a record to be maintained with the record specified in
paragraph (a)(1) of this section:
(i) A determination that the car complies with subpart B of this
part;
(ii) A single-car air brake test in accordance with Sec.
232.305(b); and
(iii) A certification that the car is safe for the service in which
it will be placed; and
(3) Except for railroad freight cars used exclusively for tourist,
historic, excursion, educational, recreational, or private purposes and
that are not interchanged, a freight car subject to this section must
be stenciled on each side of the car in accordance with Sec. 215.303.
Further, the date of the car's most recent inspection under paragraph
(a)(2) of this section must be stenciled on the car in letters at least
1 inch high, immediately following ``R-AGE.''
(b) Railroad freight cars approved under a standard such as the
Office Manual of the Association of American Railroads' Interchange
Rule 88 Increased Life Status process are exempt from the requirements
of this section for up to 65 years of service life.
Issued in Washington, DC.
Kyle D. Fields,
Chief Counsel.
[FR Doc. 2025-12192 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-06-P
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