Miscellaneous Amendments to FRA's Accident Reporting Regulations

Issuing agencies

Abstract

This rule makes miscellaneous amendments to FRA's accident reporting regulations. Specifically, these amendments promote submitting documents to FRA electronically, eliminate redundant regulations, and allow railroads with additional time to complete certain forms.

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 55767-55771]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17791]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 225

[Docket No. FRA-2025-0123]
RIN 2130-AD58


Miscellaneous Amendments to FRA's Accident Reporting Regulations

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

ACTION: Final rule.

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SUMMARY: This rule makes miscellaneous amendments to FRA's accident 
reporting regulations. Specifically, these amendments promote 
submitting documents to FRA electronically, eliminate redundant 
regulations, and allow railroads with additional time to complete 
certain forms.

DATES: This rule is effective September 30, 2026.

FOR FURTHER INFORMATION CONTACT: Michael Wissman, Railroad Safety 
Specialist, Part 225, FRA, telephone: 610-314-5729, email: 
<a href="/cdn-cgi/l/email-protection#a5c8ccc6cdc4c0c98bd2ccd6d6c8c4cbe5c1cad18bc2cad3"><span class="__cf_email__" data-cfemail="9cf1f5fff4fdf9f0b2ebf5efeff1fdf2dcf8f3e8b2fbf3ea">[email&#160;protected]</span></a>; or Michael C. Spinnicchia, Attorney Adviser, 
FRA, telephone: 202-713-7671, email: <a href="/cdn-cgi/l/email-protection#98f5f1fbf0f9fdf4b6ebe8f1f6f6f1fbfbf0f1f9d8fcf7ecb6fff7ee"><span class="__cf_email__" data-cfemail="5e33373d363f3b32702d2e373030373d3d36373f1e3a312a70393128">[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 updating requirements that are 
outdated.
    On July 1, 2025, FRA published a notice of proposed rulemaking 
(NPRM) that proposed miscellaneous amendments to FRA's accident 
reporting regulations which included promoting the submission of 
documents to FRA electronically, eliminating redundant regulations, and 
allowing railroads additional time to complete certain forms.\1\
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    \1\ 90 FR 28654 (July 1, 2025).
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    FRA received four comments. An individual commenter commended FRA 
for promoting the electronic submission of documents, removing 
redundant regulations, and providing railroads with more time to 
complete certain forms to ensure comprehensive accident reporting.\2\ 
The Brotherhood of Locomotive Engineers and Trainmen (BLET),\3\ the 
International Association of Sheet Metal, Air, Rail, and Transportation 
Workers--Transportation Division (SMART-TD),\4\ and the Transportation 
Trades Department, AFL-CIO (TTD) \5\ (collectively, ``the labor 
organizations'') each submitted a comment opposing the NPRM. The labor 
organizations expressed concerns that the changes proffered in the NPRM 
would reduce transparency and cause confusion without providing a 
safety benefit. They also alleged that giving railroads additional time 
to complete certain accident reporting forms would lead to the forms 
being less accurate which would harm safety.
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    \2\ <a href="https://www.regulations.gov/comment/FRA-2025-0123-0002">https://www.regulations.gov/comment/FRA-2025-0123-0002</a>.
    \3\ <a href="https://www.regulations.gov/comment/FRA-2025-0123-0003">https://www.regulations.gov/comment/FRA-2025-0123-0003</a>.
    \4\ <a href="https://www.regulations.gov/comment/FRA-2025-0123-0005">https://www.regulations.gov/comment/FRA-2025-0123-0005</a>.
    \5\ <a href="https://www.regulations.gov/comment/FRA-2025-0123-0004">https://www.regulations.gov/comment/FRA-2025-0123-0004</a>.
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    In response to this feedback, FRA is proceeding with the changes it 
proposed in the NPRM. FRA discusses these comments further in the 
Section-by-Section Analysis.

II. Section-by-Section Analysis

    Except as otherwise noted below, FRA has adopted the rule text as 
proposed, and readers may refer to the NPRM's Section-by-Section 
Analysis for extensive discussion of FRA's rationale for the revisions.

Section 225.5 Definitions

    In the NPRM, FRA stated that the definitions of ``railroad'' and 
``railroad carrier'' are duplicative and proposed revising the 
definition of ``railroad'' and removing the definition of ``railroad 
carrier.'' All three labor organizations opposed this change stating 
that it would create confusion by providing a definition that conflicts 
with the Railway Labor Act (RLA). SMART-TD argued that removing the 
word ``carrier'' from part 225 would allow railroads to exploit gray 
areas and decide when they wanted to be subject to the RLA's 
protections and when they wanted to be immune from the RLA. SMART-TD 
described this change as ``deregulation by stealth'' and said it would 
allow railroads to ``chip away at worker rights'' and undermine labor 
protections in the rail industry.\6\
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    \6\ <a href="https://www.regulations.gov/comment/FRA-2025-0123-0005">https://www.regulations.gov/comment/FRA-2025-0123-0005</a>.
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    FRA is unconvinced that this change would cause confusion or 
adversely affect labor protections in any meaningful way. This change 
maintains the status quo as this section currently states that 
``[r]ailroad means a railroad carrier.'' The logical conclusion from 
that statement is that the two terms are interchangeable for purposes 
of part 225. Thus, FRA is eliminating confusion by removing a term 
(``railroad carrier'') that has the same meaning as another term in 
part 225 (``railroad''). Furthermore, since FRA is not making any 
substantive change to the definition of ``railroad,'' it is not 
creating any new conflict with the RLA.
    FRA also notes that SMART-TD did not offer any specific explanation 
for how removing the word ``carrier'' from this part would adversely 
affect worker rights and would allow railroads to exploit gray areas in 
the law. Instead, SMART-TD only provided vague assertions. However, 
there are several other parts in FRA's regulations that contain a 
definition of ``railroad,'' but not a definition of ``railroad 
carrier.'' For example, 49 CFR part 240 has included a definition of 
``railroad,'' but not ``railroad carrier,'' since 1991. As the labor 
organizations have not provided any specific evidence that the change

[[Page 55768]]

will result in harmful effects, FRA amends Sec.  225.5, as proposed.

Section 225.6 Consolidated Reporting

    FRA proposed reducing FRA's review period for consolidated 
reporting requests from 90 day to 60 days. BLET opposed this change 
stating that it created unnecessarily tight deadlines for the agency, 
especially if those deadlines do not accommodate the need to request 
additional information. BLET also alleged that no safety justification 
had been provided for expediting this review process.\7\
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    \7\ <a href="https://www.regulations.gov/comment/FRA-2025-0123-0003">https://www.regulations.gov/comment/FRA-2025-0123-0003</a>.
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    In response, FRA notes that BLET's comment is, in part, based on 
the false premise that FRA's deadline for deciding such requests will 
not be delayed if FRA requests additional information from the 
railroad. However, proposed paragraph (d) of this section in the NPRM 
states this 60-day period ``will be tolled pending any FRA requests to 
the parent corporation or subsidiary railroads for missing or 
additional information needed for the agency to reach a decision.'' 
Further, FRA, through its experience in reviewing these requests, has 
concluded that 60 days is sufficient time for the agency to perform a 
thorough review of the request and to issue a decision without being 
rushed.
    FRA, however, is making a minor change to the proposed language in 
the NPRM for paragraph (b)(2)(iv) of this section. FRA is changing 
``and/or'' in the NPRM to ``or'' in this final rule.

Section 225.7 Use of Reports

    The NPRM proposed removing paragraph (a) of this section which 
explains how to obtain accident/incident reports by making a Freedom of 
Information Act (FOIA) request. BLET objected to removing this 
paragraph as it claimed this change reduces transparency while not 
meaningfully reducing any burden. BLET argued this change would make 
the public less aware of how to request copies of these reports.
    FRA finds BLET's argument unconvincing. Existing paragraph (a) is 
duplicative as its main purpose is to direct readers to DOT's FOIA 
regulations in 49 CFR part 7. FRA does not find that removing this 
paragraph reduces transparency as the information in this paragraph is 
readily available in part 7. Further, if individuals or organizations 
are seeking information about making a FOIA request, they are more 
likely to search for such information on FRA's website as opposed to in 
the CFR. Thus, removing this information from this section should 
eliminate redundancy in FRA's regulations without harming transparency. 
In addition, current paragraph (a) contains a mailing address and a web 
address which are subject to change. By removing this paragraph, FRA is 
reducing the likelihood of having outdated information in its 
regulations and reducing the potential future burden of having to amend 
this section if these addresses change. Therefore, FRA amends Sec.  
225.7, as proposed.

Section 225.12 Rail Equipment Accident/Incident Reports Alleging 
Employee Human Factor as Cause; Employee Human Factor Attachment; 
Notice to Employee; Employee Supplement

    FRA proposed revising paragraph (h)(2) of this section to remove 
the fixed $5,000 fine amount and instead state that such persons be 
subject to a fine under title 18 of the U.S. Code. BLET expressed its 
opposition to this change as it would increase the potential penalty 
for employees without any justification. BLET contended that title 18 
provides for up to five years in prison and does not provide a maximum 
fine amount which is a significant departure from the current practice 
of limiting the fine amount for false statements. In addition, BLET 
claimed that FRA has not provided evidence that employees making false 
statements is such a considerable issue that stronger penalties are 
needed. In summary, BLET is concerned that ``FRA is relying on [t]itle 
18 of the U.S. Code for enforcement of civil and criminal penalties 
when these infractions are inherently transportation related and 
[t]itle 49 of the U.S. Code already contains adequate remedies and 
methods for addressing civil and criminal actions.'' BLET predicted 
that this change could lead FRA to shift the enforcement of other 
sections to title 18 as well.
    As an initial matter, BLET is incorrect that this change would 
increase the maximum prison sentence as the proposed text in the NPRM 
maintains two years as the maximum period of imprisonment for knowingly 
and willfully filing a false supplemental statement. Next, BLET's 
concern that this revision will lead FRA to rely on title 18 instead of 
title 49 is misguided as FRA already relies on title 18. The current 
text of paragraph (h)(2) cites 49 U.S.C. 21311 as authority for 
assessing a fine, imprisonment, or both, and 49 U.S.C. 21311 states 
such fines shall be assessed under title 18. In 1994, Congress amended 
49 U.S.C. 21311(a) to state that a person shall be ``fined under title 
18'' instead of ``fined not more than $5,000.'' The proposed change in 
the NPRM simply makes paragraph (h)(2) of this section consistent with 
the statute it references. FRA also notes that the $5,000 fine amount 
has been in this paragraph since 1990, and finalizing this paragraph as 
proposed allows for inflationary adjustments to this figure without 
having to amend the regulation.
    In conclusion, BLET's claim about the overall impact of this 
proposed change is overstated as title 18 already serves as the basis 
for issuing fines in accordance with this paragraph. Thus, FRA amends 
Sec.  225.12, as proposed.

Section 225.13 Late Reports

    FRA proposed revising this section to instruct railroads to submit 
their late reports via email. An individual commenter commended FRA for 
this proposed change stating that promoting electronic submissions 
improves efficiency and data accuracy.\8\ FRA amends Sec.  225.13, as 
proposed.
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    \8\ <a href="https://www.regulations.gov/comment/FRA-2025-0123-0002">https://www.regulations.gov/comment/FRA-2025-0123-0002</a>.
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Section 225.25 Recordkeeping

    Paragraph (f) of this section states that railroads must enter each 
accountable injury and illness and each accountable rail equipment 
accident/incident on the appropriate record no later than ``seven 
working days'' after receiving information or acquiring knowledge that 
such accident/incident occurred. The NPRM proposed extending this 
deadline to ``15 calendar days.''
    An individual commenter supported this proposed change noting that 
allowing railroads additional time to complete certain forms will help 
ensure comprehensive reporting, which will improve safety. However, the 
labor organizations uniformly opposed this change. BLET, SMART-TD, and 
TTD all argued that completing these forms as soon as possible after an 
accident/incident will ensure accuracy. SMART-TD noted that giving 
railroads more time to complete these forms will give more time for 
memories to fade, facts to become muddled, and paperwork to be lost. 
The labor organizations also contended that providing additional time 
for the railroads to complete these forms will delay FRA's receipt of 
important safety information, which will harm railroad worker safety 
and weaken the public's ability to remedy concerning data trends.
    In addition, BLET argued that FRA did not provide evidence that 
these reports had declined in accuracy, and if

[[Page 55769]]

the reports have declined in accuracy, the labor organization would 
like to work with FRA to determine the root cause and a solution. 
SMART-TD stated its concerns that this proposed change would give 
railroads more time to pressure injured workers into not reporting 
their injuries. In support of this argument, it asserted that the 
Occupational Safety and Health Administration has put railroads under 
heightened scrutiny for what SMART-TD called a long record of 
whistleblower retaliation and intimidation. SMART-TD also said giving 
railroads more time to complete these forms would be hypocritical 
because railroad workers live under threat that if they do not report 
their injury on the same day it occurs, their credibility will be 
challenged. Lastly, TTD objected to this change because it said there 
was no recent evidence that railroads needed more time to complete 
these forms.\9\
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    \9\ <a href="https://www.regulations.gov/comment/FRA-2025-0123-0004">https://www.regulations.gov/comment/FRA-2025-0123-0004</a>.
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    The overriding concern from the labor organizations is that this 
change would delay FRA's receipt of important safety information in 
these forms. However, this concern is misguided. This proposed 
extension of time only applies to a railroad's completion of Form FRA F 
6180.97 (Form 6180.97) and Form FRA F 6180.98 (Form 6180.98) (or the 
alternative railroad-designed records for these forms). Railroads are 
not required to submit these forms to FRA. While an FRA representative 
may ultimately view these forms, such as during an audit, this viewing 
does not happen typically until months, or even years, after an 
accident or incident occurred. Therefore, providing railroads with a 
short amount of additional time to complete these forms will not result 
in any delay of FRA receiving safety information.
    Regarding the labor organizations' concerns that this change would 
diminish the accuracy of these forms, FRA is unpersuaded. This change 
would only give railroads approximately an additional week to complete 
these forms, which should not significantly impact the memories of 
those persons involved in an accident or incident. However, this 
additional time should be helpful to railroads in obtaining relevant 
medical records and cost estimates, which will lead to these forms 
containing more accurate data. Although SMART-TD contended this will 
give railroads additional time to pressure workers into not reporting 
injuries, this is incorrect because the timeline to complete these 
forms, whether it is ``seven working days'' or ``15 calendar days,'' 
does not begin to run until after the railroad receives information or 
acquires knowledge that an injury or illness occurred. Therefore, this 
change does not give railroads additional time to pressure workers into 
not reporting an injury, because the injury has already been reported.
    FRA also concludes this change is beneficial because it removes 
ambiguity over how to calculate ``seven working days'' properly. 
Different railroad workers have different work schedules and paragraph 
(f) of this section does not specify whether ``working days'' refers to 
the work schedule of the injured worker, the reporting officer, or 
someone else. By amending this deadline to ``15 calendar days,'' FRA 
establishes a clear standard that is easy for the railroads to apply. 
Thus, FRA amends Sec.  225.25, as proposed.
    Lastly, FRA will revise the FRA Guide for Preparing Accident/
Incident Reports in accordance with the changes to part 225 finalized 
in this rulemaking.

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.\10\ 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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    \10\ 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 makes administrative changes such as revising 
definitions, allowing railroads to submit information to FRA 
electronically, and removing redundant regulations. Therefore, this 
final rule will impose 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 225. This final rule will also 
provide flexibility to regulated entities by increasing the time given 
to railroads for completing certain forms from seven working days to 15 
calendar days, and remove ambiguity over how to calculate working days. 
In addition, this final rule will expedite the speed at which documents 
are delivered while reducing costs that would otherwise exist from 
having to print, mail, and process documents.

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.'' \11\ Implementation 
guidance for E.O. 14192 issued by the 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.\12\
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    \11\ Executive Office of the President, Executive Order 14192 of 
January 31, 2025, Unleashing Prosperity Through Deregulation, 90 FR 
9065-9067 (Feb. 6, 2025).
    \12\ 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 would be 
considered an E.O. 14192 deregulatory action upon issuance of this 
rule.

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,\13\ 
requires Federal agencies to consider the effects of the regulatory 
action on small businesses 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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    \13\ 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

[[Page 55770]]

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. This rule 
clarifies and simplifies regulations, as well as reduces the need to 
print or mail documents. FRA does not expect that this impact to small 
entities will be significant. Consequently, FRA certifies that this 
final rule will not have a significant economic impact on a substantial 
number of small entities.

D. Paperwork Reduction Act

    This final rule offers regulatory flexibilities, and it does not 
impose any new information collection requirements. Therefore, an 
information collection submission to OMB is not required under the 
Paperwork Reduction Act of 1995, 44 U.S.C. 3501, et seq. The 
recordkeeping and reporting requirements already contained in part 225 
were approved by OMB on December 5, 2023. The information collection 
requirements thereby became effective when they were approved by OMB. 
The OMB approval number is OMB No. 2130-0005, and OMB approval expires 
on December 31, 2026.

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.'' \14\ 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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    \14\ 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 U.S.

List of Subjects in 49 CFR Part 225

    Investigations, Penalties, Railroad safety, Reporting and 
recordkeeping requirements.

The Final Rule

    For the reasons discussed in the preamble, FRA amends part 225 of 
chapter II, subtitle B of title 49, Code of Federal Regulations as 
follows:

PART 225--RAILROAD ACCIDENTS/INCIDENTS: REPORTS CLASSIFICATION AND 
INVESTIGATIONS

0
1. The authority citation for part 225 continues to read as follows:

    Authority: 49 U.S.C. 103, 322(a), 20103, 20107, 20901-20902, 
21301, 21302, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89.


0
2. Amend Sec.  225.5 by:
0
a. Removing the word ``carrier'' from paragraph (2) of the definition 
of ``Highway-rail grade crossing'';
0
b. Putting the definition for ``Privacy concern case'' after the 
definition of ``Person'';
0
c. Revising the definition of ``Railroad''; and
0
d. Removing the definition for ``Railroad carrier''.
    The revision reads as follows:


Sec.  225.5   Definitions.

* * * * *
    Railroad means a person providing railroad transportation.
* * * * *

0
3. Revise Sec.  225.6 to read as follows:


Sec.  225.6  Consolidated reporting.

    (a) A parent corporation may request in writing that FRA treat its 
commonly controlled railroads, which operate as a single, seamless, 
integrated United States rail system, as a single railroad for purposes 
of this part.
    (b) The written request must include all of the following:
    (1) A list of the subsidiary railroads controlled by the parent 
corporation.
    (2) An explanation as to how the subsidiary railroads operate as a 
single, seamless, integrated United States railroad system as opposed 
to separate and independent entities. This explanation should address 
factors such as:
    (i) Whether all of the properties are physically connected, and by 
what means (i.e., is the track contiguous, are the properties connected 
by track rights);
    (ii) Whether the parent and its subsidiaries are held out to the 
public as a single entity;
    (iii) Whether the parent is involved in the decision-making of its 
subsidiaries, and to what extent;
    (iv) Whether the parent or subsidiaries share officers, equipment, 
or other personnel;
    (v) Whether the operation of trains and crews are seamless, as 
trains and crews move over various properties with most employees 
unaware that they have changed property owners;
    (vi) Whether there is a single set of operating rules over all of 
the properties

[[Page 55771]]

(there may be different signal and train control systems);
    (vii) Whether there is a single Internal Control Plan or a single 
reporting or claims officer; and
    (viii) Whether there is a single dispatching center.
    (3) Supporting evidence or documentation, to the extent reasonably 
practicable, to support the parent corporation's assertion that the 
subsidiary railroads operate as a single, seamless, integrated railroad 
system. If it is not practical to submit documentation for certain 
factors, the parent corporation should identify the location of the 
supporting evidence.
    (4) A point of contact at the parent corporation and all subsidiary 
railroads to address agency questions related to the consolidated 
reporting petition.
    (c) The request must be sent via email to <a href="/cdn-cgi/l/email-protection#2d7f5e445e6c447f485d425f595e6d494259034a425b"><span class="__cf_email__" data-cfemail="792b0a100a38102b1c09160b0d0a391d160d571e160f">[email&#160;protected]</span></a>. 
Each request received shall be acknowledged in writing via email and 
shall contain the docket number assigned to the request.
    (d) FRA will notify the applicant parent corporation of the 
agency's decision within 60 days of receipt of the application. This 
deadline will be tolled pending any FRA requests to the parent 
corporation or subsidiary railroads for missing or additional 
information needed for the agency to reach a decision.
    (e) If FRA approves the request, the parent corporation must enter 
into a written agreement with FRA specifying which subsidiaries are 
included in its railroad system, agreeing to assume responsibility for 
compliance with this part for all named subsidiaries making up the 
system, and consenting to guarantee any monetary penalty assessments or 
other liabilities owed to the United States government that are 
incurred by the named subsidiaries for violating Federal accident/
incident reporting requirements. Any change in the subsidiaries making 
up the railroad system requires immediate notification to FRA and 
execution of an amended agreement. Executed agreements will be 
published in the docket for the petition.

0
4. Revise and republish Sec.  225.7 to read as follows:


Sec.  225.7  Use of reports.

    49 U.S.C. 20903 provides that monthly reports filed by railroads 
under Sec.  225.11 may not be admitted as evidence or used for any 
purpose in any action for damages growing out of any matters mentioned 
in these monthly reports. The Employee Human Factor Attachment, Notice, 
and Employee Supplement under Sec.  225.12 are part of the reporting 
railroad's accident report to FRA pursuant to 49 U.S.C. 20901 and, as 
such, shall not ``be admitted as evidence or used for any purpose in 
any suit or action for damages growing out of any matter mentioned in 
said report * * *.'' 49 U.S.C. 20903.

0
5. In Sec.  225.12, revise paragraph (h)(2) to read as follows:


Sec.  225.12  Rail Equipment Accident/Incident Reports alleging 
employee human factor as cause; Employee Human Factor Attachment; 
notice to employee; employee supplement.

* * * * *
    (h) * * *
    (2) Any person who knowingly and willfully files a false Supplement 
is subject to a fine under title 18 of the U.S. Code, imprisonment for 
up to two years, or both, in accordance with 49 U.S.C. 21311(a).

0
6. In Sec.  225.13, revise the first sentence to read as follows:


Sec.  225.13   Late reports.

    Whenever a railroad discovers that a report of an accident/
incident, through mistake or otherwise, has been improperly omitted 
from or improperly reported on its regular monthly accident/incident 
report, a report covering this accident/incident together with a letter 
of explanation must be submitted immediately by email to 
<a href="/cdn-cgi/l/email-protection#6537160c16240c3700150a17111625010a114b020a13"><span class="__cf_email__" data-cfemail="3567465c46745c6750455a47414675515a411b525a43">[email&#160;protected]</span></a>. * * *


Sec.  225.25  [Amended]

0
7. In Sec.  225.25, in paragraph (f), remove ``seven working days'' and 
add in its place ``15 calendar days''.

    Issued in Washington, DC, under authority delegated in 49 CFR 
1.89.
David A. Fink,
Administrator.
[FR Doc. 2026-17791 Filed 8-28-26; 8:45 am]
BILLING CODE 4910-06-P


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