Rule2026-08258
Regulatory Relief To Allow Speeds Up to 45 MPH for Non-Traversable Curbs
Primary source
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Published
April 28, 2026
Effective
May 28, 2026
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
This rule revises the definition of a non-traversable curb in FRA's train horn regulation in conformance with five longstanding FRA waivers that allow highway speeds up to 45 miles per hour (mph) where these highway curbs are present in quiet zones established and maintained in accordance with the regulation.
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 22738-22740]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08258]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 222
[Docket No. FRA-2025-0120; Notice No. 2]
RIN 2130-AD14
Regulatory Relief To Allow Speeds Up to 45 MPH for Non-
Traversable Curbs
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: This rule revises the definition of a non-traversable curb in
FRA's train horn regulation in conformance with five longstanding FRA
waivers that allow highway speeds up to 45 miles per hour (mph) where
these highway curbs are present in quiet zones established and
maintained in accordance with the regulation.
DATES: This rule is effective May 28, 2026.
FOR FURTHER INFORMATION CONTACT: James Payne, Staff Director, Grade
Crossing and Trespasser Outreach, FRA, telephone: (202) 441-2787,
email: <a href="/cdn-cgi/l/email-protection#f5bf94989086dba5948c9b90b5919a81db929a83"><span class="__cf_email__" data-cfemail="3f755e525a4c116f5e46515a7f5b504b11585049">[email protected]</span></a>; or Amanda Maizel, Attorney Adviser, FRA,
telephone: (202) 308-3753, email: <a href="/cdn-cgi/l/email-protection#5e1f333f303a3f70133f37243b321e3a312a70393128"><span class="__cf_email__" data-cfemail="96d7fbf7f8f2f7b8dbf7ffecf3fad6f2f9e2b8f1f9e0">[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 updating requirements to reduce unnecessary burdens without
compromising transportation safety.
As part of this effort, on July 1, 2025, FRA published a notice of
proposed rulemaking (NPRM) that proposed to revise the definition of a
non-traversable curb to allow for speeds up to 45 mph.\1\ The current
definition of a non-traversable curb is established in 49 CFR part 222,
Use of Locomotive Horns at Public Highway-Rail Grade Crossings. The
definition describes a highway curb designed to discourage a motor
vehicle from leaving the roadway and notes that this curb type is used
at locations where highway speeds do not exceed 40 mph, in connection
with quiet zones established and maintained in accordance with the
regulation. At the time that 49 CFR part 222 was issued, the American
Association of State Highway and Transportation Officials (AASHTO)
provided guidance that vertical curbs should not be used with speeds
greater than 40 mph. Subsequently, AASHTO modified its guidance stating
that vertical curbs should not be used with speeds greater than 45 mph.
FRA proposed to revise the definition in 49 CFR 222.9 to conform with
AASHTO's updated guidance. In addition, revising this definition
conforms with the waivers that FRA has previously granted to
petitioners seeking relief from the requirement that medians with non-
traversable curbing may not be used where highway speeds exceed 40 mph.
See Docket Nos. FRA-2009-0066, 2010-0137, 2012-0030, 2012-0031, and
2012-0074.
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\1\ 90 FR 28646 (July 1, 2025).
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FRA received three comments in response to the NPRM--comments from
the Brotherhood of Maintenance of Way Employes Division of the
International Brotherhood of Teamsters (BMWED), the Transportation
Trades Department, AFL-CIO (TTD), and an anonymous individual. All
three commenters were in support of this proposal, but BMWED and TTD
recommended that FRA elaborate on appropriate engineering controls,
consistent with those recommended by AASHTO. Specifically, BMWED and
TTD expressed concern that the proposal raised the speed threshold and
set a curb height requirement without referencing the additional design
elements that AASHTO cites for vertical curb safety at 45 mph, such as
adequate sight distance, superelevation and alignment compatibility,
and drainage design. Both organizations, therefore, recommended that
FRA explicitly reference AASHTO's Policy on Geometric Design of
Highways and Streets (7th Edition, 2018) (``Green Book''), and clarify
that the use of non-traversable curbs at speeds up to 45 mph should
incorporate appropriate engineering controls consistent with AASHTO's
guidance. As an alternative to that recommendation, BMWED proposed that
FRA issue an accompanying guidance or regulatory commentary reminding
State and local agencies that speed alone does not govern safe curb
design.
While FRA declines to incorporate by reference AASHTO's Green Book,
in response to this feedback, FRA is adding a recommendation in
appendix A to part 222 that states the use of non-traversable curbs at
speeds up to 45 mph should incorporate appropriate engineering controls
such as those recommended by organizations such as AASHTO.
II. Section-by-Section Analysis
Section 222.9 Definitions
This final rule revises the definition of a non-traversable curb as
proposed in the NPRM. The definition currently provides for use of such
curbs at locations where highway speeds do not exceed 40 mph. The final
rule allows use at locations where highway speeds do not exceed 45 mph.
This final rule thereby codifies five longstanding waivers in
connection with quiet zones established and maintained in accordance
with FRA's train horn regulation.
[[Page 22739]]
Appendix A to Part 222--Approved Supplementary Safety Measures
This final rule adds a recommendation, in connection with the
requirements and effective rates for the supplementary safety measure
of gates with medians or channelization devices, that notes the use of
non-traversable curbs at speeds up to 45 mph should incorporate
appropriate engineering controls such as those recommended by
organizations such as AASHTO.
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 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 analyzed the potential costs and benefits of this rule. This
final rule revises the definition of a non-traversable curb and will
codify five longstanding waivers in FRA's train horn regulation, and
therefore, this final rule will impart no additional burdens on
regulated entities. Moreover, this final rule will provide some
qualitative benefits to regulated entities and the U.S. Government, by
clarifying, simplifying, and updating the language of part 222. This
final rule will result in cost savings because impacted parties will no
longer be required to submit periodic, repetitive waiver requests
related to the regulatory definition of a non-traversable curb. This
final rule will also conform FRA regulations with guidance provided by
industry.
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 will have total costs less than zero, and therefore it will be
considered an E.O. 14192 deregulatory action upon issuance of this
final rule. FRA affirms that each amendment proposed 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 ((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).
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 will not preclude small entities from
continuing existing practices that comply with part 222; it merely
offers clarification that could result in cost savings, if a small
entity or other regulated entity chooses to utilize these
flexibilities. 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 contains no
new information collection requirements, in accordance with the
Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq., and therefore,
an information collection submission to OMB is not required. The
recordkeeping and reporting requirements currently in part 222 were
approved by OMB on January 19, 2026. The OMB approval number is OMB No.
2130-0560, and OMB approval expires on January 31, 2029.
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
[[Page 22740]]
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 in 49 CFR Part 222
Administrative practice and procedure, Locomotives, Railroad
safety, Train horn.
The Final Rule
For the reasons discussed in the preamble, FRA amends part 222 of
chapter II, subtitle B of title 49, Code of Federal Regulations as
follows:
PART 222--USE OF LOCOMOTIVE HORNS AT PUBLIC HIGHWAY-RAIL GRADE
CROSSINGS
0
1. The authority citation for part 222 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20153, 21301, 21304; 28
U.S.C. 2461 note; and 49 CFR 1.89.
0
2. Amend Sec. 222.9 by revising the definition of ``non-traversable
curb'' to read as follows:
Sec. 222.9 Definitions.
* * * * *
Non-traversable curb means a highway curb designed to discourage a
motor vehicle from leaving the roadway. Non-traversable curbs are used
at locations where highway speeds do not exceed 45 miles per hour and
are at least six inches high. Additional design specifications are
determined by the standard traffic design specifications used by the
governmental entity constructing the curb.
* * * * *
0
3. Revise appendix A to part 222 under the heading ``A. Requirements
and Effectiveness Rates for Supplementary Safety Measures'' and
subheading ``3. Gates With Medians or Channelization Devices'' by
adding after paragraph g, the text ``Recommended:'' and new paragraph
a, to read as follows:
Appendix A to Part 222--Approved Supplementary Safety Measures
A. Requirements and Effectiveness Rates for Supplementary Safety
Measures
* * * * *
3. Gates With Medians or Channelization Devices: * * *
* * * * *
Recommended:
a. The use of non-traversable curbs at speeds up to 45 mph
should incorporate appropriate engineering controls such as those
recommended by organizations such as the American Association of
State Highway and Transportation Officials.
* * * * *
Issued in Washington, DC, under authority delegated in 49 CFR
1.89.
David A. Fink,
Administrator.
[FR Doc. 2026-08258 Filed 4-27-26; 8:45 am]
BILLING CODE 4910-06-P
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