[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)] [Rules and Regulations] [Pages 28144-28146] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2025-12111] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration 49 CFR Part 219 [Docket No. FRA-2025-0087] RIN 2130-AD15 Administrative Updates to the Federal Railroad Administration's Control of Alcohol and Drug Use Regulations AGENCY: Federal Railroad Administration (FRA), U.S. Department of Transportation (DOT). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule makes administrative updates to FRA's control of alcohol and drug use regulations, including updating addresses. DATES: Effective July 1, 2025. [[Page 28145]] FOR FURTHER INFORMATION CONTACT: Veronica Chittim, Senior Attorney, Office of Safety Law, Office of the Chief Counsel, FRA, 1200 New Jersey Avenue SE, Washington, DC 20590 (telephone 202-480-3410), [email protected]; or Lucinda Henriksen, Senior Advisor, Office of Railroad Safety, FRA (telephone 202-657-2842), [email protected]. SUPPLEMENTARY INFORMATION: I. Background Consistent with the deregulatory agenda of President Donald J. Trump and Secretary of Transportation Sean P. Duffy, which seeks to unleash America's economic prosperity without compromising transportation safety, and as described in more detail below, this rule is making miscellaneous, administrative updates to its railroad workplace safety regulations in 49 CFR part 219. These changes include updating addresses that are no longer valid. II. Section-by-Section Analysis Part 219 Sec. 219.10 Penalties FRA is changing Sec. 219.10 by replacing references to specific penalty amounts with general references to the minimum civil monetary penalty, ordinary maximum civil monetary penalty, and aggravated maximum civil monetary penalty. FRA is adding language to this section referring readers to 49 CFR part 209, appendix A, where FRA will continue to specify statutorily provided civil penalty amounts updated for inflation. FRA is also updating the web address from www.fra.dot.gov to https://railroads.dot.gov/. III. Public Participation Under the Administrative Procedure Act (APA), an agency may waive the normal notice and comment procedures if the action is a rule of agency organization, procedure, or practice. 5 U.S.C. 553(b)(A). Additionally, under the APA, an agency may waive notice and comment procedures when the agency for good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest. 5 U.S.C. 553(b)(B). Since this final rule merely makes miscellaneous, administrative updates to the CFR, such as updating web addresses, it would not benefit from public comment, and notice and comment is not necessary. IV. Regulatory Impact and Notices A. Executive Order (E.O.) 12866 (Regulatory Planning and Review) and DOT Regulatory Policies and Procedures FRA has evaluated this final rule in accordance with E.O. 12866, Regulatory Planning and Review (58 FR 51735, Oct. 4, 1993), and DOT Order 2100.6B, Policies and Procedures for Rulemaking (Mar. 10, 2025). 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. Because this final rule makes miscellaneous, administrative changes (such as replacing references to specific penalty amounts with general references to the minimum civil monetary penalty, ordinary maximum civil monetary penalty, and aggravated maximum civil monetary penalty) and referring readers to the CFR, this final rule imparts no additional burdens on regulated entities. Moreover, this rule will provide some qualitative benefits to regulated entities and the U.S. government by updating the language of part 219 and directing the regulated entities to the appropriate cites in the CFR. This rule will also provide additional clarity to regulated entities for certain requirements within part 219. B. E.O. 14192 (Unleashing Prosperity Through Deregulation) E.O. 14192, Unleashing Prosperity Through Deregulation (90 FR 9065, Jan. 31, 2025), requires that for ``each new [E.O. 14192 regulatory action] issued, at least ten prior regulations be identified for elimination.'' \1\ 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.\2\ --------------------------------------------------------------------------- \1\ Executive Office of the President. Executive Order 14192 of January 31, 2025. Unleashing Prosperity Through Deregulation. 90 FR 9065-9067. Feb. 6, 2025. \2\ 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. --------------------------------------------------------------------------- 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 is expected to have total costs less than zero, and therefore it would be considered an E.O. 14192 deregulatory action. C. Regulatory Flexibility Act The Regulatory Flexibility Act of 1980 ((RFA), 5 U.S.C. 601 et seq.) and E.O. 13272 (67 FR 53461, Aug. 16, 2002) require an agency to prepare and make available to the public a regulatory flexibility analysis that describes the effect of the rule on small entities (i.e., small businesses, small organizations, and small governmental jurisdictions). A regulatory flexibility analysis is not required when a rule is exempt from notice and comment rulemaking. FRA has determined that this rule is exempt from notice and comment rulemaking. Therefore, a regulatory flexibility analysis is not required for this rule. D. Paperwork Reduction Act There is no new collection of information requirements contained in this final rule, and in accordance with the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq., an information collection submission to OMB is not required. The recordkeeping and reporting requirements already contained in part 219 became effective when they were approved by OMB on May 27, 2022. With this final rule, FRA will be using OMB Control No. 2130-0526--Control of Alcohol and Drug Use in Railroad Operations. 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 5610.1C, FRA has determined that this rule is categorically excluded pursuant to 23 CFR 771.118(c)(4), ``[p]lanning and administrative activities that do not involve or lead directly to construction, such as: [p]romulgation of rules, regulations, and directives.'' 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, [[Page 28146]] 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.'' FRA has evaluated this rule in accordance with E.O. 13211 and determined that this rule is not a ``significant energy action'' within the meaning of E.O. 13211. 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, (Nov. 6, 2000). The final rule would not have a substantial direct effect on one or more Indian tribes, would not impose substantial direct compliance costs on Indian tribal governments, and would not preempt tribal laws. Therefore, the funding and consultation requirements of E.O. 13175 do not apply, and a tribal summary impact statement is not required. J. International Trade Impact Assessment The Trade Agreement Act of 1979 prohibits Federal agencies from engaging in any standards or related activities that create unnecessary obstacles to the foreign commerce of the U.S. Legitimate domestic objectives, such as safety, are not considered unnecessary obstacles. The statute also requires consideration of international standards and, where appropriate, that they be the basis for U.S. standards. This rulemaking is purely domestic in nature and is not expected to affect trade opportunities for U.S. firms doing business overseas or for foreign firms doing business in the U.S. List of Subjects 49 CFR Part 219 Alcohol abuse, Drug abuse, Drug testing, Penalties, Railroad safety, Reporting and recordkeeping requirements, Safety, Transportation. The Final Rule In consideration of the foregoing, FRA amends part 219 of chapter II, subtitle B of title 49, Code of Federal Regulations as follows: PART 219--CONTROL OF ALCOHOL AND DRUG USE 0 1. The authority citation for part 219 continues to read as follows: Authority: 49 U.S.C. 20103, 20107, 20140, 21301, 21304, 21311; 28 U.S.C. 2461 note; Div. A, Sec. 412, Pub. L. 110-432, 122 Stat. 4889 (49 U.S.C. 20140 note); Sec. 8102, Pub. L. 115-271, 132 Stat. 3894; and 49 CFR 1.89. 0 2. Revise Sec. 219.10 to read as follows: Sec. 219.10 Penalties. (a) Any person, as defined by Sec. 219.5, who violates any requirement of this part or causes the violation of any such requirement is subject to a civil penalty of at least the minimum civil monetary penalty and not more than the ordinary maximum civil monetary penalty per violation. However, penalties may be assessed against individuals only for willful violations, and a penalty not to exceed the aggravated maximum civil monetary penalty per violation may be assessed, where: (1) A grossly negligent violation, or a pattern of repeated violations, has created an imminent hazard of death or injury to persons, or (2) A death or injury has occurred. (b) The standard of liability for a railroad will vary depending upon the requirement involved. See, e.g., Sec. 219.105, which is construed to qualify the responsibility of a railroad for the unauthorized conduct of an employee that violates Sec. 219.101 or Sec. 219.102 (while imposing a duty of due diligence to prevent such conduct). See 49 CFR part 209, appendix A. Each day a violation continues constitutes a separate offense. See FRA's website at https://railroads.dot.gov/ for a statement of agency civil penalty policy. Issued in Washington, DC. Kyle D. Fields, Chief Counsel. [FR Doc. 2025-12111 Filed 6-27-25; 4:15 pm] BILLING CODE 4910-06-P