Regulatory Relief for End of Car Cushioning Units

Issuing agencies

Abstract

This rule amends freight car draft arrangement and end-of-car cushioning unit (EOCC) regulations to make permanent relief currently provided by waiver. The amendments will allow a freight car to remain in service if the EOCC is operative and equipped with a unit condition indicator (UCI) that indicates a non-discharged EOCC. This change will permit such EOCCs to remain in service despite the presence of clearly formed oil droplets on the unit. The amendments preserve the requirement to repair or replace an EOCC with clearly formed oil droplets if the unit does not have a UCI.

Full Text

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<title>Federal Register, Volume 91 Issue 167 (Monday, August 31, 2026)</title>
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[Federal Register Volume 91, Number 167 (Monday, August 31, 2026)]
[Rules and Regulations]
[Pages 55753-55756]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17782]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 215

[Docket No. FRA-2025-0119]
RIN 2130-AD55


Regulatory Relief for End of Car Cushioning Units

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: This rule amends freight car draft arrangement and end-of-car 
cushioning unit (EOCC) regulations to make permanent relief currently 
provided by waiver. The amendments will allow a freight car to remain 
in service if the EOCC is operative and equipped with a unit condition 
indicator (UCI) that indicates a non-discharged EOCC. This change will 
permit such EOCCs to remain in service despite the presence of clearly 
formed oil droplets on the unit. The amendments preserve the 
requirement to repair or replace an EOCC with clearly formed oil 
droplets if the unit does not have a UCI.

DATES: This rule is effective September 30, 2026.

FOR FURTHER INFORMATION CONTACT: Caleb Rogers, Mechanical Engineer, 
Office of Railroad Safety, at email: <a href="/cdn-cgi/l/email-protection#0c6f6d60696e227e636b697e7f4c686378226b637a"><span class="__cf_email__" data-cfemail="7112101d14135f031e1614030231151e055f161e07">[email&#160;protected]</span></a> or telephone: 
202-579-5198 or Elliott Gillooly, Attorney Adviser, at email: 
<a href="/cdn-cgi/l/email-protection#c9aca5a5a0a6bdbde7aea0a5a5a6a6a5b089ada6bde7aea6bf"><span class="__cf_email__" data-cfemail="bbded7d7d2d4cfcf95dcd2d7d7d4d4d7c2fbdfd4cf95dcd4cd">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background and Comments Received in Response to the NPRM

    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 
49 CFR parts 200 through 299 and repealing requirements that are 
outdated and redundant.
    On July 1, 2025, FRA published a notice of proposed rulemaking 
(NPRM) to address a request from the Association of American Railroads 
(AAR) to incorporate regulatory relief currently granted through an FRA 
waiver \1\ into part 215 by allowing freight cars with an EOCC that has 
leaked clearly formed droplets to remain in service if the cushioning 
unit is otherwise operational and equipped with a UCI that shows the 
unit has adequate pressure despite the presence of leaked oil on the 
exterior of the unit. 90 FR 28636 (July 1, 2025).
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    \1\ Available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No. 
FRA-2013-0077.
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    An EOCC is a device installed on the ends of railroad freight cars 
designed to absorb shocks and forces during rail operations (similar in 
purpose to shock absorbers on motor vehicles). An EOCC must contain 
sufficient oil for the unit to function as designed (i.e., for the unit 
to absorb energy adequately from in-train forces and potential 
impacts). Accordingly, FRA's Railroad Freight Car Safety Standards, 49 
CFR part 215, prohibit a rail car from continuing in service if its 
EOCC is broken or inoperative (Sec.  215.129), which is a requirement 
that remains in force. FRA is removing Sec.  215.127(c), which 
prohibits a freight car continuing in service if the EOCC is leaking 
``clearly formed droplets,'' even though the EOCC may still be 
operational. FRA is making conforming changes to Sec.  215.129, to 
address the difference between EOCCs that have a UCI and those that do 
not and apply this approach to both EEOCs and center-of-car cushioning 
units (COCCs). As amended in this final rule, Sec.  215.129 now applies 
the same standards to both EOCCs and COCCs, specifically when 
evaluating whether there is a fluid leak indicative of a defective 
cushioning unit.
    FRA received six comment letters responding to the NPRM. In support 
of the amendments proposed in the NPRM, Amsted Rail Company, Inc. 
(Amsted Rail) \2\ stated that it is the largest manufacturer of EOCCs 
for the North American freight railroad industry. Amsted Rail observed 
that EOCCs are typically installed in railcars carrying expensive or 
fragile lading and that approximately 16.75 percent (over 274,000 cars) 
in the overall railcar fleet are equipped with EOCCs. According to 
Amsted Rail, UCIs now in service meet AAR specification M-921H and, 
thus, provide a reliable indication of whether cushioning units to 
which they are applied are acceptable for rail service or require 
maintenance. Unnecessary EOCC removals from service are costly to both 
the railroad and the freight car owner, and Amsted Rail supports 
codifying the regulatory relief provided by waiver since 2013 because 
UCIs have been proven reliable over time.
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    \2\ <a href="https://www.regulations.gov/comment/FRA-2025-0119-0002">https://www.regulations.gov/comment/FRA-2025-0119-0002</a>.
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    AAR and the American Short Line and Regional Railroad Association 
(ASLRRA) filed comments jointly.\3\ AAR and ASLRRA commented that UCIs 
operate as a gauge of sufficient internal pressure to monitor the 
condition of a railcar's EOCC. The use of UCIs allows railroads to make 
more accurate determinations than relying on visual observations of 
``clearly formed droplets'' when assessing if the EOCC is defective. 
AAR data shows that, since the waiver allowing railroads to rely on 
UCIs for the determination that an EOCC lacks sufficient pressure has 
been in place, the number of EOCCs removed from service has increased. 
AAR and ASLRRA commented that effective use of UCIs protects railroad 
employees from needless exposure to switching hazards and hazards 
related to jacking freight cars and removing and replacing heavy 
cushioning units because railroads can leave fully functioning 
cushioning units in place. They also noted that the regulatory relief 
proposed in the NPRM would relieve the associations from the costs of 
submitting waiver petitions every five years.
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    \3\ <a href="https://www.regulations.gov/comment/FRA-2025-0119-0007">https://www.regulations.gov/comment/FRA-2025-0119-0007</a>.
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    Four organizations filed comments in opposition to the regulatory 
relief proposed in the NPRM: the Brotherhood Railway Carmen Division of 
the Transportation Communications Union (BRC),\4\ the Brotherhood of 
Locomotive Engineers and Trainmen, a Division of the Rail Conference of 
the International Brotherhood of Teamsters (BLET),\5\ the 
Transportation Trades Department, AFL-CIO (TTD),\6\ and the 
Transportation Division of the International Association of Sheet 
Metal, Air, Rail and Transportation Workers (SMART-TD).\7\ Each of 
these organizations raised concerns with allowing EOCCs to remain in 
service despite the presence of clearly formed oil droplets. The 
organizations generally

[[Page 55754]]

challenged the effectiveness of UCIs as accurate indicators of EOCC 
condition and highlighted the safety issues associated with defective 
EOCCs.
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    \4\ <a href="https://www.regulations.gov/comment/FRA-2025-0119-0005">https://www.regulations.gov/comment/FRA-2025-0119-0005</a>.
    \5\ <a href="https://www.regulations.gov/comment/FRA-2025-0119-0003">https://www.regulations.gov/comment/FRA-2025-0119-0003</a>.
    \6\ <a href="https://www.regulations.gov/comment/FRA-2025-0119-0006">https://www.regulations.gov/comment/FRA-2025-0119-0006</a>.
    \7\ <a href="https://www.regulations.gov/comment/FRA-2025-0119-0004">https://www.regulations.gov/comment/FRA-2025-0119-0004</a>.
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    BLET commented that an EOCC leaking oil in any amount indicates 
that the seal has degraded and there is less oil in the cylinder to 
cushion in-train forces. According to BLET, while a single drop of 
leaked oil may not degrade the condition of the EOCC to an unacceptable 
level, it does indicate that the EOCC is deteriorating and that 
additional steps are necessary to test the device to ensure it is safe. 
Similarly, SMART-TD stated that when an EOCC leaks oil, it signals a 
loss of sealing integrity and a degradation of its designed ability to 
absorb forces. TDD stated that a single drop of leaked oil indicates 
the EOCC is deteriorating, the seal within the device has degraded, and 
there is less oil in the cylinder. BRC stated even minor oil leakage 
can indicate internal seal degradation or pressure loss, both of which 
compromise the cushioning system's shock absorption ability. In sum, 
the commenters believe that EOCC effectiveness should be confirmed as 
soon as oil droplets are detected.
    Each organization opposing the NPRM argued that UCIs are imperfect 
indicators of EOCC condition under particular operating conditions, or 
that they do not confirm the safety of the equipment under all 
conditions. BRC stated that UCIs only verify minimum hydraulic pressure 
and do not measure dynamic performance under load, temperature, or 
stress. BRC also asserts that its members have found defective in-train 
EOCCs with UCIs that fail to indicate discharged pressure in the EOCC. 
TTD adds that UCIs can fail to function, so the use of a UCI does not 
necessarily prove that an EOCC is safe. TTD believes that no EOCC 
leaking oil should be allowed to remain in service (i.e., that it 
``should be proven safe prior to leaving the initial terminal--not 
leaking'').
    Each organization commenting in opposition to the NPRM also 
highlighted the importance of functioning EOCCs for safe train 
handling. TTD commented that EOCC malfunction can lead to cascading 
mechanical issues and that an EOCC without the proper amount of oil 
pressure can cause abnormal wear on the other coupler components. In 
addition, normal slack and tension motion during travel or coupling 
without a properly functioning EOCC may result in freight load shifts. 
SMART-TD commented that a degraded EOCC will allow more violent run-
ins/outs, amplified slack action that will break knuckles, drawbars and 
trigger derailments, and a loss of predictable train dynamics, and 
conductors riding equipment during switching may be exposed to sudden 
shocks that will increase the risk of injury. BRC commented that trains 
are longer and heavier than ever, and that these extended consists 
produce intense longitudinal forces during braking, acceleration, and 
slack action. BRC added that an EOCC that leaks and operates marginally 
under these conditions can elevate the risk of in-train derailments, 
coupler separations, or car body damage.
    FRA agrees that a defective EOCC is a safety issue. However, 12 
years of experience under the current waiver allowing the use of UCIs 
as a primary indicator of EOCC condition has shown that visible oil 
droplet seepage does not accurately identify a defective EOCC. 
Hydraulic seals within EOCCs require a lubricating film of fluid across 
the piston rod interface to ensure low friction and extended service 
life. The appearance of small amounts of weeping oil is considered 
normal.
    This final rule maintains the prohibition on placing a freight car 
in service if it is equipped with a broken or inoperative EOCC, even if 
the UCI indicates acceptable internal pressure. For example, a unit is 
broken or inoperative if the front or rear lugs are broken or missing, 
or if it is otherwise not performing its intended function of absorbing 
shocks and impacts. A striker casting that exhibits fresh ``batter 
marks'' is generally an indication of a defective draft system 
component.
    The UCI is the means of testing the EOCC to ensure it has adequate 
internal pressure, despite the observation of oil droplets. The 
hydraulic fluid and the nitrogen gas pre-charge operate within a 
single, sealed chamber in the EOCC. An impairment of the sealing system 
that permits the escape of the nitrogen gas charge will concurrently 
allow the loss of hydraulic fluid. Therefore, the indication of the 
unit's inability to maintain adequate internal gas pressure, as 
confirmed by the UCI, serves as the confirmation that the system has 
failed containment, and that excessive fluid loss has occurred. The UCI 
allows this test to be completed without setting the car out of a train 
and adds a more reliable means of determining EOCC condition than 
visual observation for the presence of leaked oil, which is not itself 
a dispositive indicator of EOCC functionality.
    FRA has also considered that railroad operating rules generally 
guide the placement and number of cars with EOCCs based on train length 
and territorial conditions. FRA agrees with comments that average train 
length on some railroads has increased over time and that defective 
EOCCs can contribute to other mechanical failures or adversely affect 
in-train dynamics. However, the regulatory relief provided by this rule 
will not permit defective EOCCs to remain in service.
    This rule is focused on allowing the use of UCIs as a more reliable 
means of testing internal pressure than visual observation of oil 
droplets. Commenters opposing this rule have correctly observed the 
importance of operational EOCCs without supporting their predictions 
that the continued use of UCIs, consistent with FRA's longstanding 
waiver on this subject, will cause more defective EOCCs to continue in 
service. To the contrary, data provided by AAR indicates that more 
EEOCs have been removed from service annually in the years since the 
waiver incorporated by this rule was issued in 2013.\8\ EOCCs are 
removed for several reasons, including that they are broken or that the 
UCI indicates that they are defective or, in some cases, because they 
are leaking. These and other indicators are all valid indicators or 
reasons to remove an EOCC. The presence of a small number of oil 
droplets on the EOCC is not.
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    \8\ AAR submitted this data at <a href="https://www.regulations.gov/document/FRA-2013-0077-0012">https://www.regulations.gov/document/FRA-2013-0077-0012</a> in support of its 2024 request to extend 
the waiver allowing the use of UCIs to determine EOCC condition and 
it resubmitted the data in response to the NPRM.
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II. Section-by-Section Analysis

    For the foregoing reasons and the reasons discussed in the NPRM, 
FRA is adopting the revisions to sections 215.127 and 215.119 as 
proposed in the NPRM. See the Section-by-Section Analysis in the NPRM 
for further information.

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 final rule under E.O. 12866 
(58 FR 51735, Oct. 4, 1993), Regulatory Planning and Review, and DOT 
Regulatory Policies and Procedures.\9\ The Office of Information and

[[Page 55755]]

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.
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    \9\ 49 CFR part 5; see also DOT Order 2100.6B, Policies and 
Procedures for Rulemakings, available at <a href="https://www.transportation.gov/regulations/dot-order-21006b-policies-and-procedures-rulemakings">https://www.transportation.gov/regulations/dot-order-21006b-policies-and-procedures-rulemakings</a>; DOT Order 2100.7, Ensuring Reliance Upon 
Sound Economic Analysis in Department of Transportation Policies, 
Programs, and Activities, available at <a href="https://www.transportation.gov/mission/ensuring-reliance-upon-sound-economic-analysis-department-transportation-policies-programs">https://www.transportation.gov/mission/ensuring-reliance-upon-sound-economic-analysis-department-transportation-policies-programs</a>.
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    FRA analyzed the potential costs and benefits of this final rule. 
Railroads will benefit from this regulatory relief because they will 
not be obligated to withhold cars from service based solely on the 
presence of oil on the exterior of an EOCC. This will reduce costs 
associated with those freight cars equipped with a UCI that have safe 
and operational EOCCs by eliminating unnecessary downtime and 
unnecessary replacement of EOCCs that still have a useful service life. 
In addition, railroads or their industry associations will no longer be 
required to submit periodic, repetitive waiver requests related to the 
current regulatory requirement. By making the waiver permanent, 
stakeholders will see a cost savings in opportunity costs associated 
with the time previously spent completing and submitting waiver 
requests. The Government will also see some cost savings by no longer 
having to allocate resources to process these waivers.

B. E.O. 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.'' \10\ Implementation 
guidance for E.O. 14192 issued by OMB (Memorandum M-25-20, March 26, 
2025) defines two different types of E.O. 14192 actions: an E.O. 14192 
deregulatory action, and an E.O. 14192 regulatory action.\11\
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    \10\ Executive Office of the President, Executive Order 14192 of 
January 31, 2025, Unleashing Prosperity Through Deregulation, 90 FR 
9065-9067 (Feb. 6, 2025).
    \11\ 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 rule is 
expected to have total costs less than zero, and it will therefore be 
considered an E.O. 14192 deregulatory action upon issuance.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) as amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996,\12\ 
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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    \12\ 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. The regulatory relief provided by this rule will result 
in cost savings for many regulated entities, including small entities. 
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 
in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, 
et seq.). Therefore, an information collection submission to OMB is not 
required.

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, 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.'' \13\ 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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    \13\ 66 FR 28355 (May 22, 2001).
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I. E.O. 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.

[[Page 55756]]

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.  215.127 by removing paragraph (c) and redesignating 
paragraphs (d), (e), and (f) as paragraphs (c), (d), and (e), to read 
as follows:


Sec.  215.127   Defective draft arrangement.

    A railroad may not place or continue in service a car, if--
    (a) The car has a draft gear that is inoperative;
    (b) The car has a broken yoke;
    (c) A vertical coupler pin retainer plate--
    (1) Is missing (except by design); or
    (2) Has a missing fastener;
    (d) The car has a draft key, or draft key retainer, that is--
    (1) Inoperative; or
    (2) Missing; or
    (e) The car has a missing or broken follower plate.

0
3. Amend Sec.  215.129 by redesignating paragraph (c) as paragraph (e), 
and adding new paragraphs (c) and (d) and to read as follows:


Sec.  215.129   Defective cushioning device.

    A railroad may not place or continue in service a car if it has a 
cushioning device that is--
    (a) Broken;
    (b) Inoperative;
    (c) Leaking clearly formed droplets, when not equipped with a unit 
condition indicator (UCI);
    (d) Equipped with a UCI that indicates a discharged cushioning 
unit; or
    (e) Missing a part, unless its sliding components have been 
effectively immobilized.

    Issued in Washington, DC, under authority delegated in 49 CFR 
1.89.
David A. Fink,
Administrator.
[FR Doc. 2026-17782 Filed 8-28-26; 8:45 am]
BILLING CODE 4910-06-P


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