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Rule2026-17789

Repealing Outdated Railroad Workplace Safety Requirements and Making Other Improvements

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
August 31, 2026
Effective
September 30, 2026

Issuing agencies

Transportation DepartmentFederal Railroad Administration

Abstract

This rule repeals several roadway workplace safety requirements that have become obsolete. In addition, FRA establishes a new special approval procedure to enable regulated entities, after public notice and FRA approval, to utilize an alternative approach to bridge worker safety that provides for an equivalent or better level of safety. Also, this rule clarifies that the required training for operators of roadway maintenance machines equipped with a crane includes specific aspects such as maintaining vertical clearance.

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 55749-55753]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17789]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 214

[Docket No. FRA-2025-0083]
RIN 2130-AD44


Repealing Outdated Railroad Workplace Safety Requirements and 
Making Other Improvements

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

ACTION: Final rule.

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SUMMARY: This rule repeals several roadway workplace safety 
requirements that have become obsolete. In addition, FRA establishes a 
new special approval procedure to enable regulated entities, after 
public notice and FRA approval, to utilize an alternative approach to 
bridge worker safety that provides for an equivalent or better level of 
safety. Also, this rule clarifies that the required training for 
operators of roadway maintenance machines equipped with a crane 
includes specific aspects such as maintaining vertical clearance.

DATES: This rule is effective September 30, 2026.

FOR FURTHER INFORMATION CONTACT: Timothy Presser, Track Specialist, 
Office of Railroad Safety, FRA, telephone: (208) 241-9458, email: 
<a href="/cdn-cgi/l/email-protection#c9bda0a4a6bda1b0e7b9bbacbabaacbb89ada6bde7aea6bf"><span class="__cf_email__" data-cfemail="4a3e2327253e2233643a382f39392f380a2e253e642d253c">[email&#160;protected]</span></a>; or Aaron Moore, Senior Attorney, FRA, 
telephone: (202) 853-4784, email: <a href="/cdn-cgi/l/email-protection#e48585968b8aca898b8b9681a4808b90ca838b92"><span class="__cf_email__" data-cfemail="d7b6b6a5b8b9f9bab8b8a5b297b3b8a3f9b0b8a1">[email&#160;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 
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) that proposed to amend some of the requirements in part 214 to 
reduce burdens, to make technical or conforming changes, to repeal 
aged-out regulations, or otherwise to adjust to advancing technology or 
recent incidents, without any adverse effect on railroad safety. 90 FR 
28629 (July 1, 2025). During the comment period that closed on 
September 2, 2025, FRA received comments from the Brotherhood of 
Maintenance of Way Employes Division (BMWED) \1\ and the Transportation 
Trades Department, AFL-CIO (TTD).\2\
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    \1\ <a href="https://www.regulations.gov/comment/FRA-2025-0083-0003">https://www.regulations.gov/comment/FRA-2025-0083-0003</a>; 
<a href="https://www.regulations.gov/comment/FRA-2025-0083-0004">https://www.regulations.gov/comment/FRA-2025-0083-0004</a>; <a href="https://www.regulations.gov/comment/FRA-2025-0083-0006">https://www.regulations.gov/comment/FRA-2025-0083-0006</a>.
    \2\ <a href="https://www.regulations.gov/comment/FRA-2025-0083-0007">https://www.regulations.gov/comment/FRA-2025-0083-0007</a>.
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    In summary, BMWED and TTD generally supported most proposals FRA 
made in the NPRM, including the proposed special approval procedure for 
alternative bridge worker safety systems in section 214.119. Both 
commenters recommended that this proposed procedure be amended to 
require third-party verification of proposed alternative safety systems 
and direct consultation with labor representatives, and that FRA issue 
formal guidance on its review process for petitions requesting special 
approval of alternative bridge worker safety proposals. In addition, 
both commenters expressed concern with the repeal of section 
214.515(b), arguing that if machines in service lack adequate overhead 
protection, workers should retain the right to request such protection. 
FRA disagrees with the recommended changes to the proposed special 
approval procedure, but the agency agrees with the concerns about 
eliminating section 214.515(b). FRA discusses the comments it received 
further in the Section-by-Section Analysis. FRA finalizes the NPRM as 
proposed, except FRA retains existing 49 CFR 214.515(b), based on 
BMWED's and TTD's comments.

II. Section-by-Section Analysis

    This section-by-section analysis addresses only the specific 
sections that were commented on directly and that FRA is amending in a 
way that differs from FRA's proposal in the NPRM. Please reference the 
NPRM's section-by-section analysis for further information regarding 
the sections FRA is adopting as proposed in the NPRM--that is, sections 
214.331, 214.333, 214.335, 214.347, 214.513, 214.517, and 214.533.

Section 214.119 Special Approval Procedure

    Because 49 CFR part 214, subpart B is highly prescriptive and 
therefore discourages innovation or the deployment of advancing 
technology in bridge worker safety systems, this final rule adds a new 
section 214.119 that provides for a special approval procedure similar 
to the procedure provided in 49 CFR 238.21. The special approval 
procedure enables a regulated entity, after public notice and FRA 
approval, to utilize an alternative approach to bridge worker safety 
that provides for an equivalent or better level of safety. The comments 
received from BMWED and TTD both recommended that FRA revise the 
proposed rule to require third-party safety verification of proposed 
alternative bridge worker safety systems. FRA notes that the final 
rule, in paragraph (b)(3), requires a railroad to include in its 
petition appropriate data or analysis, or both, establishing that the 
alternative will provide at least an equivalent level of safety. A 
railroad could include, as part of its petition, a third-party safety 
verification of the railroad's proposal. To provide a petitioner with 
appropriate flexibility to establish that its proposal would result in 
at least an equivalent level of safety, FRA declines to revise the 
proposal as suggested.
    BMWED and TTD also recommended that FRA require the proposing 
railroad to consult with the affected labor representatives directly, 
including to solicit input, not only to notify the affected labor 
representatives, as the NPRM proposed. FRA disagrees. This special 
approval procedure generally mirrors other special approval procedures 
used elsewhere in FRA's regulations (e.g., 49 CFR 238.21), and FRA sees 
no need to deviate from this consistent framework. A railroad must 
provide notice of the petition to the designated representatives of its 
employees, under new paragraph (b)(4), and a railroad may coordinate 
with such representatives earlier, including during the development of 
the railroad's proposed alternative bridge worker safety standard.

Section 214.357 Training and Qualification for Operators of Roadway 
Maintenance Machines Equipped With a Crane

    This final rule amends paragraph (b) of this section to clarify 
that the required training for operators of roadway maintenance 
machines equipped with a crane includes specific aspects such as 
maintaining vertical clearance. FRA expects that issues such

[[Page 55750]]

as vertical clearance should be addressed in the employer's training 
and qualification program. Under current section 214.357(b), employers 
are required to include procedures for determining that the operator of 
such crane machines has the skills and knowledge to operate safely. 
However, FRA expects that highlighting issues such as vertical 
clearance in the regulatory text may help to avoid future incidents of 
crane machines striking structures, such as bridges. FRA does not 
expect this clarification to result in any additional burdens.
    Comments from BMWED and TTD supported the proposed clarification. 
In addition, BMWED and TTD generally urged FRA to refer 49 CFR 213.357 
to the Railroad Safety Advisory Committee for review and modernization. 
FRA will take this recommendation under consideration.

Section 214.515 Overhead Covers for Existing On-Track Roadway 
Maintenance Machines

    This final rule amends paragraph (a) of this section to remove 
reference to the date (March 28, 2005) that overhead covers must be 
repaired or reinstalled on existing on-track roadway maintenance 
machines currently or previously equipped with such covers. That date 
has long passed.
    In addition, in the NPRM, FRA proposed to remove paragraph (b) and 
redesignate existing paragraph (c) as new paragraph (b). Comments from 
BMWED and TTD opposed the removal of paragraph (b), arguing that this 
provision may still apply, and that if machines currently in service 
lack adequate overhead protection, workers should continue to have the 
right to request such covers. FRA agrees, and the final rule makes no 
changes to existing paragraphs (b) and (c).

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.\3\ 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.
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    \3\ 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. 
This final rule simplifies the regulation by creating a special 
approval procedure in new section 214.119 consistent with a similar 
procedure in existing section 238.21; removes certain regulations 
rendered irrelevant by the passage of time in sections 214.331, 
214.333, 214.335, 214.347, 214.513, 214.515, and 214.517; clarifies 
training requirements in section 214.357; and simplifies record 
retention rules in section 214.533.
    A railroad carrier may take advantage of the voluntary flexibility 
of the special approval procedure in new section 214.119; if this were 
to occur, the cost savings to that railroad carrier would outweigh the 
minimal time required for submitting the petition. This rule provides 
additional clarity to regulated entities and eliminates unnecessary, 
outdated requirements while continuing to ensure workplace safety, 
substantive compliance, and availability of information related to 
railroad maintenance activities. This rule will provide cost savings to 
regulated entities. In addition, this rule will provide some 
qualitative benefits to regulated entities and the U.S. Government by 
creating a special approval procedure, eliminating outdated 
requirements from part 214, clarifying training requirements, and 
simplifying record retention rules.

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.'' \4\ 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.\5\
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    \4\ Executive Office of the President, Executive Order 14192 of 
January 31, 2025, Unleashing Prosperity Through Deregulation, 90 FR 
9065-9067 (Feb. 6, 2025).
    \5\ Executive Office of the President, OMB. Guidance 
Implementing Section 3 of E.O. 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.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended 
by the Small Business Regulatory Fairness Act of 1996,\6\ 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, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and government jurisdictions with populations 
of less than 50,000 (5 U.S.C. 601(6)).
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    \6\ 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 experience cost savings. 
Consequently, FRA certifies that this final rule will not have a 
significant impact on a substantial number of small entities.

D. Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995, 44 U.S.C. 
3501, et seq., FRA is seeking approval from OMB to revise the 
information collection estimates in previously approved OMB Control 
Number 2130-0539, corresponding to part 214. On May 31, 2022, OMB 
approved FRA's last information collection request (ICR) corresponding 
to part 214, containing 5,619 burden hours.\7\
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    \7\ For comparison with the revised burden estimates in this 
final rule, the supporting justification for the May 2022 ICR is 
available for review at: <a href="https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202203-2130-002">https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202203-2130-002</a>.
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    With this final rule, the burden will increase by 10 hours 
annually, to 5,620 hours annually. The table below details the new 
information collection requirements that will apply when this final 
rule becomes effective, and the estimated time to fulfill each new 
requirement.

[[Page 55751]]



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                                                                   Average time                    Total annual
         CFR section              Respondent       Total annual    per response    Total annual     dollar cost
                                   universe         responses         (hours)      burden hours     equivalent
                                                 (A)............             (B)     (C) = A * B       (D) = C *
                                                                                                  wage rates \8\
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Sec.   214.119 Special
 approval procedure (New):
    --(a) Petition for         800 railroads...  1 submission...              10              10         $891.30
     special approval (New
     requirement).
----------------------------------------------------------------------------------------------------------------

    All estimates include the time for reviewing instructions; 
searching existing data sources; gathering or maintaining the needed 
data; and reviewing the information. For information or a copy of the 
paperwork package submitted to OMB, contact Ms. Joanne Swafford, 
Information Collection Clearance Officer, at email: 
<a href="/cdn-cgi/l/email-protection#1e74717f70707b306d697f7878716c7a5e7a716a30797168"><span class="__cf_email__" data-cfemail="5f35303e31313a712c283e3939302d3b1f3b302b71383029">[email&#160;protected]</span></a> or telephone: 757-897-9908.
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    \8\ The dollar equivalent cost is derived from the 2023 Surface 
Transportation Board Full Year Wage A&B data series using the 
employee group 200 (Professional & Administrative) hourly wage rate 
of $50.93 and group 300 (Maintenance of Way & Structures) hourly 
wage rate of $39.88. The total burden wage rates (Straight time plus 
75%) used in the table are $89.13 ($50.93 x 1.75 = $89.13), and 
$69.79 ($39.88 x 1.75).
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    OMB is required to decide concerning the collection of information 
requirements contained in this final rule between 30 and 60 days after 
publication of this document in the Federal Register. Therefore, a 
comment to OMB is best assured of having its full effect if OMB 
receives it within 30 days of publication of this document. FRA is not 
authorized to impose a penalty on persons for violating information 
collection requirements that do not display a current OMB control 
number, if 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.'' \9\ 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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    \9\ 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 in 49 CFR Part 214

    Bridges, Occupational safety and health, Penalties, Railroad 
safety, Reporting and recordkeeping requirements.

The Final Rule

    For the reasons discussed in the preamble, FRA amends part 214 of 
chapter II, subtitle B of title 49, Code of Federal Regulations as 
follows:

PART 214--RAILROAD WORKPLACE SAFETY

0
1. Revise the authority citation for part 214 to read as follows:

    Authority:  49 U.S.C. 20102-20103, 20107, 21301-21302, 21304, 28 
U.S.C. 2461 note; and 49 CFR 1.89.


0
2. Add Sec.  214.119 to subpart B to read as follows:


Sec.  214.119   Special approval procedure.

    (a) General. The following procedures govern consideration and 
action upon requests for special approval of alternative standards or 
for alternative compliance under Sec. Sec.  214.103, 214.105, 214.107, 
214.109, 214.111, 214.113, 214.115, and 214.117.
    (b) Petitions for special approval of alternative standard or of 
alternative compliance. Each petition for special approval of an 
alternative standard or for alternative compliance shall contain--
    (1) The name, title, address, email address, and telephone number 
of the primary person to be contacted with regard to review of the 
petition;

[[Page 55752]]

    (2) The alternative proposed, in detail, to be substituted for the 
particular requirements of this part;
    (3) Appropriate data or analysis, or both, establishing that the 
alternative will provide at least an equivalent level of safety; and
    (4) A statement affirming that the railroad or railroad contractor 
has served a copy of the petition on designated representatives of its 
employees, together with a list of the names and addresses of the 
persons served; or alternatively, a statement affirming that the 
railroad or railroad contractor has provided an alternative means of 
notice, together with a description of the notice provided.
    (c) Federal Register notice. FRA will publish a notice in the 
Federal Register concerning each petition under this section.
    (d) Public comment. Not later than 30 days from the date of 
publication of the notice in the Federal Register concerning a petition 
under this section, any person may comment on the petition.
    (1) Each comment shall set forth specifically the basis upon which 
it is made, and contain a concise statement of the interest of the 
commenter in the proceeding.
    (2) Each comment shall be submitted to the U.S. Department of 
Transportation, Docket Operations (M-30), West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590, and 
shall contain the assigned docket number for that proceeding. The form 
of such submission may be in written or electronic form consistent with 
the standards and requirements established by the Federal Docket 
Management System and posted on its website at <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
    (e) Disposition of petitions. (1) FRA will conduct a hearing on a 
petition in accordance with the procedures provided in Sec.  211.25 of 
this chapter.
    (2) If FRA finds that the petition complies with the requirements 
of this section or that the proposed plan is acceptable or changes are 
justified, or both, the petition will be granted, normally within 90 
days of its receipt. If the petition is neither granted nor denied 
within 90 days, the petition remains pending for decision. FRA may 
attach special conditions to the approval of the petition. FRA may 
approve an alternative standard or alternative compliance in lieu of 
the relief requested by the petition. Following the approval of a 
petition, FRA may reopen consideration of the petition for cause 
stated.
    (3) If FRA finds that the petition does not comply with the 
requirements of this section, or that the proposed plan is not 
acceptable or that the proposed changes are not justified, or both, the 
petition will be denied, normally within 90 days of its receipt.
    (4) When FRA grants or denies a petition, or reopens consideration 
of the petition, written notice is sent to the petitioner and other 
interested parties.


Sec.  214.331   [Removed and Reserved]

0
3. Remove and reserve Sec.  214.331.


Sec.  214.333   [Removed and Reserved]

0
4. Remove and reserve Sec.  214.333.

0
5. Amend Sec.  214.335 by revising paragraph (a) to read as follows:


Sec.  214.335   On-track safety procedures for roadway work groups, 
general.

    (a) No employer subject to the provisions of this part shall 
require or permit a roadway worker who is a member of a roadway work 
group to foul a track unless on-track safety is provided by either 
working limits or train approach warning in accordance with the 
applicable provisions of Sec.  214.319, Sec.  214.321, Sec.  214.323, 
Sec.  214.325, Sec.  214.327, Sec.  214.329, or Sec.  214.336.
* * * * *

0
6. Amend Sec.  214.347 by revising paragraph (a)(3) to read as follows:


Sec.  214.347   Training and qualification for lone workers.

* * * * *
    (a) * * *
    (3) Rules and procedures prescribed by the railroad for individual 
train detection and establishment of working limits.
* * * * *

0
7. Amend Sec.  214.357 by revising paragraph (b)(1) to read as follows:


Sec.  214.357   Training and qualification for operators of roadway 
maintenance machines equipped with a crane.

* * * * *
    (b) * * *
    (1) Procedures for determining that the operator has the skills to 
operate safely each machine the person is authorized to operate, 
including but not limited to maintaining vertical clearance; and
* * * * *

0
8. Amend Sec.  214.513 by revising the section heading and paragraphs 
(b) and (c) to read as follows:


Sec.  214.513   Existing on-track roadway maintenance machines; 
general.

* * * * *
    (b) Each existing on-track roadway maintenance machine shall be 
equipped with a permanent or portable horn or other audible warning 
device that produces a sound loud enough to be heard by roadway workers 
and other machine operators within the immediate work area. The 
triggering mechanism for the device shall be clearly identifiable and 
within easy reach of the machine operator.
    (c) Each existing on-track roadway maintenance machine shall be 
equipped with a permanent illumination device or a portable light that 
is securely placed and not hand-held. The illumination device or 
portable light shall be capable of illuminating obstructions on the 
track ahead for a distance of 300 feet under normal weather and 
atmospheric conditions when the machine is operated during the period 
between one-half hour after sunset and one-half hour before sunrise or 
in dark areas such as tunnels.

0
9. Amend Sec.  214.515 by revising paragraph (a) to read as follows:


Sec.  214.515   Overhead covers for existing on-track roadway 
maintenance machines.

    (a) For existing on-track roadway maintenance machines either 
currently or previously equipped with overhead covers for the 
operator's position, defective covers shall be repaired and maintained 
in accordance with the provisions of Sec.  214.531.
* * * * *

0
10. Amend Sec.  214.517 by revising the section heading and the 
introductory text to read as follows:


Sec.  214.517   Existing on-track roadway maintenance machines 
manufactured on or after January 1, 1991.

    In addition to meeting the requirements of Sec.  214.513, each 
existing on-track roadway maintenance machine manufactured on or after 
January 1, 1991, shall have the following:
* * * * *

0
11. Amend Sec.  214.533 by revising paragraph (d) to read as follows:


Sec.  214.533   Schedule of repairs subject to availability of parts.

* * * * *
    (d) Each employer shall maintain records pertaining to compliance 
with this section. Records may be kept on forms provided by the 
employer or by electronic means. The employer shall retain each record 
for at least one year, and the records shall be made available for 
inspection and copying during normal business hours by representatives 
of FRA and States participating under part 212 of this chapter. The 
records may be kept on the

[[Page 55753]]

on-track roadway maintenance machine or hi-rail vehicle or at a 
location designated by the employer, including an electronic system.

    Issued in Washington, DC, under authority delegated in 49 CFR 
1.89.
David A. Fink,
Administrator.
[FR Doc. 2026-17789 Filed 8-28-26; 8:45 am]
BILLING CODE 4910-06-P


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