Rule2026-08256
Removing Stenciling Requirement for Freight Cars Used for Tourist, Historic, Excursion, Educational, Recreational, or Private Purposes and Not Interchanged
Primary source
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Published
April 28, 2026
Effective
May 28, 2026
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
This rule excludes railroad freight cars used exclusively for tourist, historic, excursion, educational, recreational, or private purposes and that are not interchanged from the requirement that all restricted freight cars, including cars more than 50 years old, be stenciled with specific information.
Full Text
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<title>Federal Register, Volume 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 22736-22738]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08256]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 215
[Docket No. FRA-2025-0118; Notice No. 2]
RIN 2130-AD54
Removing Stenciling Requirement for Freight Cars Used for
Tourist, Historic, Excursion, Educational, Recreational, or Private
Purposes and Not Interchanged
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: This rule excludes railroad freight cars used exclusively for
tourist, historic, excursion, educational, recreational, or private
purposes and that are not interchanged from the requirement that all
restricted freight cars, including cars more than 50 years old, be
stenciled with specific information.
DATES: This rule is effective May 28, 2026.
FOR FURTHER INFORMATION CONTACT: Steven Zuiderveen, Railroad Safety
Specialist, Office of Railroad Safety, at email:
<a href="/cdn-cgi/l/email-protection#eb989f8e9d8e85c5919e828f8e999d8e8e85ab8f849fc58c849d"><span class="__cf_email__" data-cfemail="91e2e5f4e7f4ffbfebe4f8f5f4e3e7f4f4ffd1f5fee5bff6fee7">[email protected]</span></a> or telephone: (202) 493-6337 or Elliott
Gillooly, Attorney Adviser, at email: <a href="/cdn-cgi/l/email-protection#53363f3f3a3c27277d343a3f3f3c3c3f2a13373c277d343c25"><span class="__cf_email__" data-cfemail="1b7e777772746f6f357c727777747477625b7f746f357c746d">[email protected]</span></a> or
telephone (202) 897-8666.
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 requirements that are outdated and redundant.
On July 1, 2025, FRA published a notice of proposed rulemaking
(NPRM) providing FRA's reasons for exempting freight cars used for
tourist, historic, excursion, educational, recreational, or private
purposes (THEERP) from the general stenciling requirement applicable to
restricted cars, provided such THEERP cars are not interchanged among
railroads. 90 FR 28639. FRA received two comments on the NPRM. The
first comment supported the proposed rule, stating that it ``allow[s]
for relief of paperwork burdens and would not diminish safety
expectations.'' The second comment opposed the proposed rule, stating
that deregulation always benefits businesses and harms the American
taxpayer. The comment in opposition was not specific to any aspect of
the proposed rule and states an opinion only about deregulation
generally. Accordingly, FRA is finalizing the rule without change for
the reasons stated in the NPRM.
II. Section-by-Section Analysis
Section 215.303 Stenciling of Restricted Cars
Prior to this rule, section 215.303 required any car described in
``Sec. 215.205(a)'' of part 215 to be stenciled or marked to display
certain information relevant to restricted freight cars, such as the
car's age and those components needed to indicate completely the basis
for the restricted operation of the car. FRA is exempting THEERP cars
from this requirement. In addition, FRA is correcting the reference to
section 215.205(a), which is a typographical error, with the correct
reference to section 215.203(a). For more information, please see the
Section-by-Section Analysis in the NPRM, as FRA is adopting the
regulatory text as originally proposed.
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. The Office of Information and
Regulatory Affairs within 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 analyzed the potential costs and benefits of this final rule.
This final rule excludes THEERP cars from being stenciled with specific
information, and therefore, this final rule will impose no additional
burdens on regulated entities. This final rule will provide some
qualitative benefits to regulated entities,
[[Page 22737]]
by clarifying the language of part 215. In addition, railroads (or
other owners of THEERP cars) will realize cost savings as they will not
incur the costs of stenciling and marking cars that are used for
tourist, historic, excursion, educational, recreational, or private
purposes and not interchanged. Moreover, the amendments will result in
cost savings for the owners of these cars as they will no longer be
required to file individual petitions for waivers from the stenciling
requirements. This final rule will also promote more efficient use of
Government resources by reducing the time spent by FRA on reviewing and
approving these types of waivers.
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.'' \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 will have total costs less than zero. Therefore, it will be
considered an E.O. 14192 deregulatory action upon issuance. FRA affirms
that each amendment in this final rule has a cost that is negligible or
``less than zero'' consistent with E.O. 14192.
C. Regulatory Flexibility Act and Executive Order 13272
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.), as
amended by the Small Business Regulatory Enforcement Fairness Act of
1996,\3\ 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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\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. By extending this regulatory relief, many regulated
entities, including small entities, will not experience any additional
burdens. In fact, many of the small entities that would submit waiver
petitions in the absence of this rule will now no longer have to submit
such requests. While there is time saved by no longer being required to
submit waiver requests, it is not expected to have a significant
economic impact on small entities. Therefore, even if a significant
number of small entities may be impacted by this rule, the impact will
not be significant. 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 offers regulatory flexibilities, and it does not
impose any new information collection requirements or modify any
existing collection requirements. Stenciling requirements under section
215.303 have not previously been included in part 215 PRA burden
estimates. Therefore, this rule has no effect on any OMB-approved
collection of information, and a submission to OMB is not required
under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501, et seq.
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.'' \4\ 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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\4\ 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.
[[Page 22738]]
firms doing business overseas or for foreign firms doing business in
the United States.
List of Subjects in 49 CFR Part 215
Freight, Penalties, Railroad safety, Reporting and recordkeeping
requirements.
The Final Rule
For the reasons discussed in the preamble, FRA amends 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.
0
2. Amend Sec. 215.303 by revising the introductory text of paragraph
(a) to read as follows:
Sec. 215.303 Stenciling of restricted cars.
(a) Each restricted railroad freight car that is described in Sec.
215.203(a) of this part, except for railroad freight cars used
exclusively for tourist, historic, excursion, educational,
recreational, or private purposes and that are not interchanged, shall
be stenciled, or marked--
* * * * *
Issued in Washington, DC, under authority delegated in 49 CFR
1.89.
David A. Fink,
Administrator.
[FR Doc. 2026-08256 Filed 4-27-26; 8:45 am]
BILLING CODE 4910-06-P
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