Proposed Rule2026-09791
Certification of Dispatchers
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
May 15, 2026
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
This document responds to petitions for reconsideration of FRA's May 21, 2024 final rule addressing the Certification of Dispatchers. Based on FRA's review and analysis of the issues raised in the petitions for reconsideration, this document proposes to rescind the final rule.
Full Text
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<title>Federal Register, Volume 91 Issue 94 (Friday, May 15, 2026)</title>
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[Federal Register Volume 91, Number 94 (Friday, May 15, 2026)]
[Proposed Rules]
[Pages 27901-27904]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09791]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 245
[Docket No. FRA-2022-0019, Notice No. 5]
RIN 2130-AD03
Certification of Dispatchers
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document responds to petitions for reconsideration of
FRA's May 21, 2024 final rule addressing the Certification of
Dispatchers. Based on FRA's review and analysis of the issues raised in
the petitions for reconsideration, this document proposes to rescind
the final rule.
DATES: Comments on the proposed rule must be received by July 14, 2026.
FRA may consider comments received after that date, but only to the
extent practicable.
ADDRESSES:
Comments: Comments related to Docket No. FRA-2022-0019 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-2022-0019), and Regulatory Identification Number (RIN) for
this rulemaking (2130-AD03). 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: Curtis Dolan, Railroad Safety
Specialist, Dispatch Operating Practices, FRA, telephone: (470) 522-
6633, email: <a href="/cdn-cgi/l/email-protection#81e2f4f3f5e8f2afe5eeede0efc1e5eef5afe6eef7"><span class="__cf_email__" data-cfemail="2d4e585f59445e034942414c436d494259034a425b">[email protected]</span></a>; or Michael C. Spinnicchia, Attorney
Adviser, FRA, telephone: (202) 713-7671, email:
<a href="/cdn-cgi/l/email-protection#016c68626960646d2f7271686f6f68626269686041656e752f666e77"><span class="__cf_email__" data-cfemail="117c78727970747d3f6261787f7f78727279787051757e653f767e67">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On May 31, 2023, FRA published an NPRM proposing the establishment
of dispatcher certification requirements in 49 CFR part 245 (part
245).\1\ The NPRM was issued in response to section 402 of the Rail
Safety Improvement Act of 2008 (RSIA), Public Law 110-432, 122 Stat.
4848, 4884 (Oct. 16, 2008) (49 U.S.C. 20162 note), which required the
Secretary of Transportation (Secretary) to submit a report to Congress
addressing whether certification of ``certain crafts or classes'' of
railroad employees or contractors, including railroad dispatchers, was
necessary to ``reduce the number and rate of accidents and incidents or
to improve railroad safety.'' If the Secretary determined it was
necessary to require the certification of certain crafts or classes to
improve railroad safety, section 402 of the RSIA stated the Secretary
may prescribe such regulations. On November 4, 2015, the Secretary
submitted a report to Congress stating that, based on FRA's preliminary
research, dispatchers were one of the most viable crafts for
certification.\2\
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\1\ 88 FR 35574 (May 31, 2023).
\2\ FRA-2022-0019-0001.
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FRA published a final rule on May 21, 2024, requiring railroads to
develop written programs for certifying individuals who work as
dispatchers on their territories and to submit those written
certification programs to FRA for approval prior to implementation.\3\
Under this rule, railroads are required to have formal processes for
training prospective dispatchers, as well as verifying that each
dispatcher has the requisite knowledge, skills, safety record, and
abilities to perform all of the safety-related dispatcher duties
mandated by Federal laws and regulations, prior to certification. In
addition, railroads are required to have formal processes for revoking
certification for dispatchers who violate specified minimum
requirements.
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\3\ 89 FR 44766 (May 21, 2024).
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This rule requires all Class I railroads (including the National
Railroad Passenger Corporation (Amtrak)) and railroads providing
commuter service to submit their certification programs to FRA by March
17, 2025.\4\ Class II and
[[Page 27902]]
Class III railroads have until November 12, 2025 to submit their
programs to FRA under the current rule.\5\ Any railroad that commences
dispatching operations after July 22, 2024 (the effective date of the
final rule), must submit its dispatcher certification program to, and
obtain approval from, FRA prior to commencing dispatching
operations.\6\ Furthermore, as of March 17, 2025, railroads are not
allowed to permit or require that a person perform service as a
dispatcher unless such person is certified through the designation
system described in 49 CFR 245.105(c)-(d).\7\
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\4\ 49 CFR 245.103(a)(1).
\5\ 49 CFR 245.103(a)(2).
\6\ 49 CFR 245.103(b).
\7\ 49 CFR 245.105(e). FRA is exercising its enforcement
discretion and not taking enforcement action on the current
deadlines found in 49 CFR 245.103(a)-(b) and 245.105(c)-(e).
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On July 12, 2024, the Association of American Railroads (AAR), the
American Short Line and Regional Railroad Association (ASLRRA), and the
Commuter Rail Coalition (CRC) filed timely petitions for
reconsideration of the Dispatcher Certification final rule.\8\
Subsequently, on August 6, 2024, the American Public Transportation
Association (APTA) submitted a letter urging FRA to extend the deadline
for commuter railroads to submit their certification programs.\9\ This
letter was not submitted by the deadline for submitting petitions for
reconsideration. However, FRA is treating APTA's letter as a petition
for reconsideration.
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\8\ FRA-2022-0019-0048; FRA-2022-0019-0050; FRA-2022-0019-0047.
ASLRRA endorsed AAR and CRC's petitions. CRC endorsed AAR and
ASLRRA's petitions. AAR endorsed ASLRRA and CRC's petitions with
respect to the issue of allowing contractors to certify dispatchers.
\9\ FRA-2022-0019-0049.
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FRA issued a response to these petitions for reconsideration on
January 17, 2025. The response stated that FRA was granting APTA's
petition and would initiate a rulemaking to extend the deadlines for
all railroads to submit their dispatcher certification program to FRA
by six months. The response also stated FRA's intent to grant in part
and deny in part AAR, ASLRRA, and CRC's petitions.\10\
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\10\ FRA-2022-0019-0055.
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On February 6, 2025, representatives from AAR, ASLRRA, and CRC met
with FRA to discuss their concerns with part 245 which they raised in
their petitions for reconsideration.\11\ On March 14, 2025, FRA issued
a follow-up letter to its initial response to the petitions where it
announced its intention to initiate a rulemaking to extend the
compliance dates in part 245 by one year, rather than the six months
considered previously. The letter also stated that FRA would not take
enforcement action against railroads for failing to meet the current
deadlines in part 245. In addition, the letter stated that, after
further consideration, and consistent with Executive Order (E.O.)
14219, Ensuring Lawful Governance and Implementing the President's
``Department of Government Efficiency'' Deregulatory Initiative,\12\
FRA was reopening its review and analysis of the issues raised in the
petitions.\13\
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\11\ A record of this meeting was placed in the docket for this
rulemaking on <a href="http://regulations.gov">regulations.gov</a>. FRA-2022-0019-0056. At this meeting,
AAR, ASLRRA, and CRC presented a PowerPoint presentation which can
also be found in the rulemaking docket on <a href="http://regulations.gov">regulations.gov</a>. FRA-2022-
0019-0057.
\12\ 90 FR 10583 (Feb. 25, 2025).
\13\ FRA-2022-0019-0058.
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In this NPRM, FRA is proposing to rescind part 245 in its entirety.
While FRA is undertaking this rulemaking to rescind part 245 in its
entirety, it will place on hold its review of any dispatcher
certification programs it has received or will receive during the
pendency of this rulemaking. In addition, during the pendency of this
rulemaking, FRA will continue to exercise its enforcement discretion
and will not take enforcement action based on the current deadlines
found in 49 CFR 245.103(a)-(b) and 245.105(c)-(e).
II. Section-by-Section Analysis
As noted above, FRA received petitions for reconsideration of the
May 21, 2024 final rule on dispatcher certification from AAR, ASLRRA,
CRC, and APTA. These petitions asked FRA to revise part 245 to address
a range of concerns presented by the final rule. For example, CRC
requested that part 245 be amended to allow contractors to certify
dispatchers because: (1) part 245 places the obligations of
certification on parties that do not have the necessary resources or
expertise to certify dispatchers, such as small commuter railroads; (2)
contractors are in a better position to track, monitor, and keep
records related to their employees; and (3) requiring multiple
railroads to carry out the same task would lead to duplicative work and
could result in different railroads reaching different conclusions
about the same individual.\14\ ASLRRA's petition expressed concern that
the requirement that railroads provide each certified dispatcher with
at least one unannounced compliance test each year would result in an
inefficient waste of resources. Because many short line railroads use
the same contractor(s) for dispatching services, ASLRRA asserted that
dozens of railroads would have to certify the same individual and these
dispatchers would have to spend numerous days each year on operational
testing.\15\ AAR raised concerns that part 245 did not provide a
definitive timeline for when FRA would issue decisions approving or
disapproving a railroad's certification programs. AAR contended such
potential delays could create confusion and make it impossible for
railroads to plan for implementation of their certification programs,
which would ultimately affect railroads' ability to hire, train, and
qualify new dispatchers.\16\
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\14\ FRA-2022-0019-0047.
\15\ FRA-2022-0019-0050.
\16\ FRA-2022-0019-0048.
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In addition, AAR expressed concerns about the estimated costs of
part 245 being greater than the estimated benefits.\17\ FRA estimated
the costs and benefits of the 2024 final rule and determined the total
10-year costs were estimated to be $5.4 million (Present Value (PV), 7
percent), and total 10-year benefits were estimated to be $0.6 million
(PV, 7 percent). Net costs of the 2024 rule were estimated to be $4.8
million (PV, 7 percent) and annualized net costs were estimated to be
$0.7 million (PV, 7 percent).
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\17\ FRA-2022-0019-0048.
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Lastly, the petitions raised issues regarding changes in ownership
for short line railroads and the rule's definition of a ``material
modification.'' Regarding ownership changes, ASLRRA noted that short
line railroads change ownership more frequently than Class I railroads
and would be affected adversely by Sec. 245.103(b). Specifically,
ASLRRA alleged that a railroad with a program approved previously may
have to stop operations if there is a change in ownership while it
resubmits its program and waits for FRA approval, which would result in
an unnecessary disruption to railroad operations.\18\ AAR contended
that FRA's definition of ``material modification'' was overbroad and
should only apply to significant content-based changes to a railroad's
program. AAR noted that the burden of getting minor adjustments to a
program approved by FRA would discourage railroads from investing in
new ways to train their dispatchers and from making other changes to
enhance their programs.\19\
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\18\ FRA-2022-0019-0050.
\19\ FRA-2022-0019-0048.
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All four petitions for reconsideration are available to the public
in the docket for this rulemaking which can be found at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.\20\ FRA welcomes comments from the public on
[[Page 27903]]
any of the issues raised in these petitions.
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\20\ FRA-2022-0019-0047; FRA-2022-0019-0048; FRA-2022-0019-0049;
FRA-2022-0019-0050.
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Based on FRA's review of these issues raised in the petitions for
reconsideration, and in accordance with E.O. 14219, FRA has concluded
preliminarily that rescission of the 2024 final rule in its entirety is
warranted because the expected benefits do not justify the expected
costs. In the 2024 final rule, FRA discussed unquantified safety
benefits relating to ``accident clean up, third party property damage,
lost lading, environmental damage, loss of economic activity to the
community, and train delays.'' FRA is requesting public comment or
additional information on these unquantified safety benefits. FRA's
proposal to rescind part 245 in its entirety would eliminate all the
issues and concerns that were raised in the petitions for
reconsideration and would eliminate the estimated costs associated with
the 2024 final rule.
While FRA has the statutory authority to issue regulations
requiring dispatcher certification, it is not obligated to issue such
regulations. Specifically, the RSIA provides that ``[t]he Secretary may
prescribe regulations requiring the certification of certain crafts or
classes of employees that the Secretary determines . . . are necessary
to reduce the number and rate of accidents and incidents or to improve
railroad safety.'' \21\ Because this statute is permissive with respect
to establishing additional certification requirements for railroad
crafts other than locomotive engineers and conductors, FRA is under no
statutory obligation to require the certification of dispatchers.
Indeed, given the above preliminary determination that rescission of
the 2024 rule is warranted because the expected benefits do not justify
the expected costs, it is in the interest of the public for FRA to
decline to require certification of dispatchers.
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\21\ RSIA, section 402 (emphasis added).
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For the reasons stated above, FRA proposes to rescind part 245 in
its entirety. If FRA issues a final rule that rescinds part 245, FRA
will continue to gather data on this issue and may reassess in the
future whether certification requirements for dispatchers are
warranted. Alternatively, if, after review of any comments received in
response to this NPRM, FRA decides not to rescind this rule in its
entirety, FRA proposes to extend the compliance dates for this rule to
provide railroads with additional time to come into compliance with
part 245. The proposed extension could be for a period of approximately
six to twelve months from the effective date of a new final rule and
would provide the regulated community assurance that they would not be
liable for noncompliance with the existing regulation, should FRA
ultimately determine not to finalize the rescission of part 245.
III. Regulatory Impact and Notices
A. Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
FRA has considered the impact of this NPRM under E.O. 12866 (58 FR
51735, Oct. 4, 1993), Regulatory Planning and Review, and DOT
Regulatory Policies and Procedures. The Office of Management and Budget
(OMB) Office of Information and Regulatory Affairs determined that this
NPRM is not a significant regulatory action under section 3(f) of E.O.
12866.
FRA is proposing to rescind the May 21, 2024 final rule addressing
the Certification of Dispatchers. FRA has analyzed the potential costs
and benefits of this proposed rule.
In the 2024 final rule, FRA estimated 10-year costs of $5.4 million
(PV, 7 percent). If FRA finalizes the proposed rescission of that final
rule, those costs would become a cost savings. Table 1 shows the total
10-year cost savings of this proposed rule.
Table 1--Total 10-Year Cost Savings
[2020 Dollars]
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Present value 7% Present value 3%
10-Year cost savings ($) ($) ($) Annualized 7% ($) Annualized 3% ($)
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6,973,560..................... 5,414,022 6,214,626 770,835 728,544
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In the 2024 final rule, FRA estimated 10-year benefits of $0.6
million (PV, 7 percent), which would no longer be realized if the 2024
final rule is rescinded.
FRA recognizes there may be some railroads who may have begun to
comply with the 2024 final rule and therefore, incurred costs. However,
FRA expects that the cost savings that would be realized from
rescinding the 2024 rule ultimately are greater than the foregone
safety benefits.
B. Executive Order 14192 (Unleashing Prosperity Through Deregulation)
E.O. 14192 (90 FR 9065, Jan. 31, 2025), Unleashing Prosperity
Through Deregulation, requires that for ``each new [E.O. 14192
regulatory action] issued, at least ten prior regulations be identified
for elimination.'' \22\ 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.\23\
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\22\ Executive Office of the President. Executive Order 14192 of
January 31, 2025. Unleashing Prosperity Through Deregulation. 90 FR
9065-9067. Feb. 6, 2025.
\23\ Executive Office of the President. OMB. 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
rule, if finalized as proposed, is expected to have total costs less
than zero or negligible costs, and therefore it would be considered an
E.O. 14192 deregulatory action. The rescission of the 2024 final rule
is expected to result in an estimated 10-year cost savings of $5.4
million, discounted at 7 percent.
C. Regulatory Flexibility Act and Executive Order 13272
The Regulatory Flexibility Act ((RFA), 5 U.S.C. 601 et seq.), as
amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996,\24\ and E.O. 13272 (67 FR 53461, Aug. 16, 2002)
require agency review of proposed and final rules to assess their
impacts on small entities. When an agency issues a rulemaking proposal,
the RFA requires the agency to ``prepare and make available for public
comment an initial regulatory flexibility analysis'' which will
``describe the impact of the proposed rule on small entities.'' \25\
[[Page 27904]]
Section 605 of the RFA allows an agency to certify a rule, in lieu of
preparing an analysis, if the rulemaking is not expected to have a
significant economic impact on a substantial number of small entities.
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\24\ Public Law 104-121, 110 Stat. 857 (Mar. 29, 1996).
\25\ 5 U.S.C. 603(a).
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FRA certified that the 2024 final rule for Certification of
Dispatchers \26\ will not have a significant economic impact on a
substantial number of small entities. Although this proposed rule,
which would rescind that final rule, would impact a substantial number
of small entities, it would provide a positive impact by removing all
requirements related to certification of dispatchers. FRA recognizes
there may be some small entities who may have begun to comply with the
2024 final rule and therefore, incurred costs. However, FRA expects
that the cost savings realized from rescinding this rule would be
greater than any potential safety benefits. Therefore, this proposed
rule would not have a significant impact on a substantial number of
small entities, and FRA expects to certify that this rule would not
have a significant economic impact on a substantial number of small
entities.
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\26\ 89 FR 44766, 44797 (May 21, 2024).
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In accordance with section 213(a) of SBREFA (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
There is no new collection of information requirements contained in
this proposed rule and, in accordance with the Paperwork Reduction Act
of 1995, 44 U.S.C. 3501 et seq., an information collection submission
to OMB is not required. The recordkeeping and reporting requirements
already contained in the 2024 Certification of Dispatchers final rule,
89 FR 44766 (May 21, 2024), were approved by OMB on June 6, 2024. With
the proposed rescission of this rule, FRA intends to discontinue the
associated information collection, OMB Control No. 2130-0637, when a
final rule is published.
E. Environmental Assessment
FRA has analyzed this proposed 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 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 requires Federal agencies to prepare a Statement of
Energy Effects for any ``significant energy action.'' \27\ 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.
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\27\ 66 FR 28355 (May 22, 2001).
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I. Executive Order 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 \28\ prohibits Federal agencies
from engaging in any standards or related activities that create
unnecessary obstacles to the foreign commerce of the U.S. 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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\28\ 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 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-2022-0019, in the SUMMARY
section of this proposed rule.
List of Subjects in 49 CFR Part 245
Administrative practice and procedure, Dispatcher, Penalties,
Railroad employees, Railroad operating procedures, Railroad safety,
Reporting and recordkeeping requirements.
PART 245--[REMOVED]
0
For the reasons stated in the preamble, under the authority of E.O.
14219 and 49 U.S.C. 20103, FRA proposes to remove 49 CFR part 245.
Issued in Washington, DC.
David A. Fink,
Administrator.
[FR Doc. 2026-09791 Filed 5-14-26; 8:45 am]
BILLING CODE 4910-06-P
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