Rule2026-08249
Removal of Unnecessary and Outdated Paperwork Reduction Act References
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 28, 2026
Effective
May 28, 2026
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
This rule removes thirteen unnecessary and outdated sections throughout FRA's regulations referencing the approval of information collection requirements by the Office of Management and Budget (OMB).
Full Text
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<title>Federal Register, Volume 91 Issue 81 (Tuesday, April 28, 2026)</title>
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[Federal Register Volume 91, Number 81 (Tuesday, April 28, 2026)]
[Rules and Regulations]
[Pages 22730-22733]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08249]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Parts 209, 213, 217, 219, 227, 229, 230, 232, 238, 239, 240,
241, and 242
[Docket No. FRA-2025-0109; Notice No. 2]
RIN 2130-AD22
Removal of Unnecessary and Outdated Paperwork Reduction Act
References
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: This rule removes thirteen unnecessary and outdated sections
throughout FRA's regulations referencing the approval of information
collection requirements by the Office of Management and Budget (OMB).
DATES: This rule is effective May 28, 2026.
FOR FURTHER INFORMATION CONTACT: Joanne Swafford, Information
Collection Clearance Officer, at email: <a href="/cdn-cgi/l/email-protection#076d68666969622974706661616875634763687329606871"><span class="__cf_email__" data-cfemail="d2b8bdb3bcbcb7fca1a5b3b4b4bda0b692b6bda6fcb5bda4">[email protected]</span></a> or
telephone: (757) 897-9908; or Elliott Gillooly, Attorney Adviser, at
<a href="/cdn-cgi/l/email-protection#ea8f868683859e9ec48d83868685858693aa8e859ec48d859c"><span class="__cf_email__" data-cfemail="1c79707075736868327b757070737370655c787368327b736a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
Consistent with Executive Order (E.O.) 14192, Unleashing Prosperity
Through Deregulation (90 FR 9065, Feb. 6, 2025), and E.O. 14219,
Ensuring Lawful Governance and Implementing the President's
``Department of Government Efficiency'' Deregulatory Initiative (90 FR
10583, Feb. 25, 2025), FRA is reviewing its regulatory requirements in
parts 200 through 299 of title 49, Code of Federal Regulations (CFR)
and repealing provisions that are outdated and unnecessary without
compromising transportation safety.
On July 1, 2025, FRA published a notice of proposed rulemaking
(NPRM) that identified 13 sections throughout its regulations that
unnecessarily recite the approval of information collection
requirements by OMB, state the assigned OMB control number associated
with the entire CFR part, and list specific sections that contain
information collection requirements. FRA proposed the removal of those
13 sections. 90 FR 28622.
FRA received two comments on the NPRM. The Brotherhood of
Locomotive Engineers and Trainmen (BLET) commented, in part, that the
rule proposed in the NPRM would ``make it harder to access certain
information collection forms.'' FRA is not making any changes to the
rule in response to BLET's comment because, as explained further here,
the removal of the sections noted in the Section-by-Section Analysis
will not affect any substantive safety requirement nor will it reduce
or hinder access to current, verifiable information that railroad
employees and the public may need in order to confirm they are using
the most recent forms approved for use by FRA and OMB.
BLET notes that FRA forms displaying OMB control numbers ``are not
meaningless forms with useless bureaucratic information.'' FRA agrees
that its forms displaying OMB control numbers are important, and those
that the railroad industry uses to comply with FRA safety regulations
are necessary for compliance with those regulations and ultimately
serve an essential safety function. All of FRA's safety-related forms
are readily available online at: <a href="https://railroads.dot.gov/safety-data/forms-guides-publications/forms/current-forms">https://railroads.dot.gov/safety-data/forms-guides-publications/forms/current-forms</a>.
Each form displays an OMB control number, as required by the
Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520 (PRA). The best
and most accurate way for railroad employees and the public to confirm
that a form is approved by OMB is to reference the control number,
explanatory statement, and expiration date that are clearly displayed
on each form. BLET's comments reflect a concern that verifying the
accuracy and legitimacy of FRA forms would be more difficult if the
sections of the CFR stating OMB control numbers are deleted.
Specifically, BLET believes railroaders would then be required to
navigate multiple Government websites that they rarely use, instead of
simply referring to the CFR. However, FRA finds this concern misplaced.
The forms that railroad employees need to access, including the
relevant OMB control numbers, are readily available on a single website
maintained by FRA and provided above (and all forms that railroad
employees encounter in the field also display current OMB control
numbers). Removing the 13 sections identified merely reduces the volume
of regulatory text in the CFR and removes outdated cross-references
related to the PRA without impacting any substantive safety regulation.
In addition, an individual commenter stated that FRA did not
explain what specific safety obligations are ``being eliminated'' or
what risk assessment supports their removal, and that the rule lacks a
clear technical or safety rationale. The commenter also stated that
``the broad sweep of this deregulatory action undercuts transparency
and accountability in rulemaking.'' In response, FRA reiterates that
this rule does not eliminate any safety obligations, and there is no
risk to safety associated with the removal of these unnecessary and
outdated sections of the CFR. While this cleanup of FRA's regulations
does span 13 CFR parts, it is narrowly focused on extraneous
provisions, as FRA explained in the NPRM.
II. Section-by-Section Analysis
Please refer to the Section-by-Section Analysis in the NPRM,\1\ as
FRA has adopted the rule text as proposed and for the reasons provided
in the NPRM.
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\1\ 90 FR 28622 (July 1, 2025).
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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 final rule under E.O. 12866
(58 FR 51735, Oct. 4, 1993), Regulatory Planning and Review, and DOT
Regulatory Policies and Procedures. OMB's Office of Information and
Regulatory Affairs determined that this final rule is not a significant
regulatory action under section 3(f) of E.O. 12866.
[[Page 22731]]
FRA analyzed the potential costs and benefits of this final rule.
Regulated entities will benefit because removing each of the 13
sections that list OMB control numbers will eliminate potential
confusion. The lists of cross-referenced sections that are associated
with each OMB control number are outdated and unnecessary, making their
removal the most practical solution to eliminate inaccuracies. In
addition, removing these sections will reduce the amount of CFR text
that regulated entities must read. The Government will also benefit
from a reduced cost of publishing the CFR since the removed sections
collectively add pages to the CFR.
B. Executive Order 14192 (Unleashing Prosperity Through Deregulation)
E.O. 14192, Unleashing Prosperity Through Deregulation, requires
that for ``each new [E.O. 14192 regulatory action] issued, at least ten
prior regulations be identified for elimination.'' \2\ Implementation
guidance for E.O. 14192 issued by OMB (Memorandum M-25-20, Mar. 26,
2025) defines two different types of E.O. 14192 actions: an E.O. 14192
deregulatory action, and an E.O. 14192 regulatory action.\3\
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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 final
rule is expected to have total costs less than zero; therefore, it is
considered an E.O. 14192 deregulatory action.
C. Regulatory Flexibility Act and Executive Order 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\
and E.O. 13272 (67 FR 53461, Aug. 16, 2002) require 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 final rule removes outdated and unnecessary
regulatory sections without adding any regulatory burden or costs for
any entity. Consequently, FRA certifies that this final rule will not
have a significant economic impact on a substantial number of small
entities.
D. Paperwork Reduction Act
This final rule contains no new information collection
requirements, nor does it alter the burden associated with any existing
information collection requirements under the PRA.
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 5610.1D, FRA has determined that this rule is
categorically excluded pursuant to 23 CFR 771.116(c)(15). 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 will not result in the expenditure, in the
aggregate, of $100,000,000 or more, adjusted for inflation, in any one
year by State, local, or Indian Tribal governments, or the private
sector. Thus, consistent with section 202 of the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4, 2 U.S.C. 1532), FRA is not required
to prepare a written statement detailing the effect of such an
expenditure.
H. Energy Impact
E.O. 13211 requires Federal agencies to prepare a Statement of
Energy Effects for any ``significant energy action.'' \5\ FRA has
evaluated this final rule in accordance with E.O. 13211 and determined
that this final rule is not a ``significant energy action'' within the
meaning of E.O. 13211.
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\5\ 66 FR 28355 (May 22, 2001).
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I. Executive Order 13175 (Tribal Consultation)
FRA has evaluated this final rule in accordance with the principles
and criteria contained in E.O. 13175, Consultation and Coordination
with Indian Tribal Governments (65 FR 67249, Nov. 6, 2000). The final
rule will not have a substantial direct effect on one or more Indian
tribes, will not impose substantial direct compliance costs on Indian
tribal governments, and will 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 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 final rule 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.
List of Subjects
49 CFR Part 209
Administrative practice and procedure, Hazardous materials
transportation, Penalties, Railroad safety, Reporting and recordkeeping
requirements.
49 CFR Part 213
Penalties, Railroad safety, Reporting and recordkeeping
requirements.
49 CFR Part 217
Penalties, Railroad safety, Reporting and recordkeeping
requirements.
49 CFR Part 219
Alcohol abuse, Drug abuse, Drug testing, Penalties, Railroad
safety,
[[Page 22732]]
Reporting and recordkeeping requirements, Safety, Transportation.
49 CFR Part 227
Hazardous materials transportation, Locomotive noise control,
Occupational safety and health, Penalties, Railroad employees, Railroad
safety, Reporting and recordkeeping requirements.
49 CFR Part 229
Locomotives, Railroad safety, Remote control locomotives.
49 CFR Part 230
Penalties, Railroad safety, Reporting and recordkeeping
requirements, Steam locomotives.
49 CFR Part 232
Power brakes, Railroad safety, Securement, Two-way end-of-train
devices.
49 CFR Part 238
Fire prevention, Passenger equipment, Penalties, Railroad safety,
Reporting and recordkeeping requirements.
49 CFR Part 239
Passenger train emergency preparedness, Penalties, Railroad safety,
Reporting and recordkeeping requirements.
49 CFR Part 240
Administrative practice and procedure, Locomotive engineer,
Penalties, Railroad employees, Railroad operating procedures, Railroad
safety, Reporting and recordkeeping requirements.
49 CFR Part 241
Communications, Penalties, Railroad safety, Reporting and
recordkeeping requirements.
49 CFR Part 242
Administrative practice and procedure, Conductor, Penalties,
Railroad employees, Railroad operating procedures, Railroad safety,
Reporting and recordkeeping requirements.
The Final Rule
For the reasons discussed in the preamble, FRA amends parts 209,
213, 217, 219, 227, 229, 230, 232, 238, 239, 240, 241, and 242 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.
Sec. 209.337 [Removed]
0
2. Remove Sec. 209.337.
PART 213--TRACK SAFETY STANDARDS
0
3. 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.
Sec. 213.19 [Removed]
0
4. Remove Sec. 213.19.
PART 217--RAILROAD OPERATING RULES
0
5. The authority citation for part 217 is revised to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20168, 28 U.S.C. 2461 note;
and 49 CFR 1.89.
Sec. 217.13 [Removed]
0
6. Remove Sec. 217.13.
PART 219--CONTROL OF ALCOHOL AND DRUG USE
0
7. 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.
Sec. 219.21 [Removed]
0
8. Remove Sec. 219.21.
PART 227--OCCUPATIONAL SAFETY AND HEALTH IN THE LOCOMOTIVE CAB
0
9. 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.
Sec. 227.15 [Removed]
0
10. Remove Sec. 227.15.
PART 229--RAILROAD LOCOMOTIVE SAFETY STANDARDS
0
11. The authority citation for part 229 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20133, 20137-38, 20143,
20168, 20701-03, 21301-02, 21304; 28 U.S.C. 2461 note; and 49 CFR
1.89.
Sec. 229.4 [Removed]
0
12. Remove Sec. 229.4.
PART 230--STEAM LOCOMOTIVE INSPECTION AND MAINTENANCE STANDARDS
0
13. 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.
Sec. 230.9 [Removed]
0
14. Remove Sec. 230.9.
PART 232--BRAKE SYSTEM SAFETY STANDARDS FOR FREIGHT AND OTHER NON-
PASSENGER TRAINS AND EQUIPMENT; END-OF-TRAIN DEVICES
0
15. The authority citation for part 232 is revised to read as follows:
Authority: 49 U.S.C. 20102-20103, 20107, 20133, 20141, 20301-
20303, 20306, 21301-20302, 21304; 28 U.S.C. 2461 note; and 49 CFR
1.89.
Sec. 232.21 [Removed]
0
16. Remove Sec. 232.21.
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, 21301-21302, 21304; 28 U.S.C. 2461 note; and 49
CFR 1.89.
Sec. 238.23 [Removed]
0
18. Remove Sec. 238.23.
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.
Sec. 239.15 [Removed]
0
20. Remove Sec. 239.15.
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.
Sec. 240.13 [Removed]
0
22. Remove Sec. 240.13.
[[Page 22733]]
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.
Sec. 241.19 [Removed]
0
24. Remove Sec. 241.19.
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.
Sec. 242.13 [Removed]
0
26. Remove Sec. 242.13.
Issued in Washington, DC, under authority delegated in 49 CFR
1.89.
David A. Fink,
Administrator.
[FR Doc. 2026-08249 Filed 4-27-26; 8:45 am]
BILLING CODE 4910-06-P
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