[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Proposed Rules]
[Pages 28654-28658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-12179]
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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: Notice of proposed rulemaking (NPRM).
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SUMMARY: This proposed rule would make various miscellaneous amendments
to FRA's accident reporting regulations. Specifically, these amendments
would promote submitting documents to FRA electronically, would
eliminate redundant regulations, and would allow railroads with
additional time to complete certain forms.
DATES: Comments on the proposed rule must be received by September 2,
2025. FRA may consider comments received after that date, but only to
the extent practicable.
ADDRESSES:
Comments: Comments related to Docket No. FRA-2025-0123 may be
submitted by going to https://www.regulations.gov and following the
online instructions for submitting comments.
Instructions: All submissions must include the agency name, docket
number (FRA-2025-0123), and Regulatory Identification Number (RIN) for
this rulemaking (2130-AD58). All comments received will be posted
without change to https://www.regulations.gov; this includes any
personal information. Please see the Privacy Act heading in the
SUPPLEMENTARY INFORMATION section of this document for Privacy Act
information related to any submitted comments or materials.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov and follow the
online instructions for accessing the docket.
[[Page 28655]]
FOR FURTHER INFORMATION CONTACT: Michael Wissman, Railroad Safety
Specialist, Part 225, Federal Railroad Administration, telephone: 610-
314-5729, email: [email protected]; or Michael C. Spinnicchia,
Attorney Adviser, Federal Railroad Administration, telephone: 202-713-
7671, email: [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, FRA is reviewing its regulatory requirements in
parts 200 through 299 of Title 49, Code of Federal Regulations (CFR).
The requirements for FRA-regulated entities to report accidents and
incidents meeting certain criteria are established in 49 CFR part 225,
``Railroad Accidents/Incidents: Reports Classification, and
Investigations'' (Part 225). Some of the requirements contained in part
225 could be updated to reduce burdens, make technical or conforming
changes, or otherwise adjust to advancing technology without any
adverse effect on railroad safety. Please review the SECTION-BY-SECTION
ANALYSIS below for the relevant information related to each proposed
change.
II. Section-by-Section Analysis
Section 225.5 Definitions
Part 225 currently contains separate definitions of ``railroad''
and ``railroad carrier'' even though this section states that
``railroad'' means a railroad carrier and ``railroad carrier'' means a
person providing railroad transportation. Since these two definitions
are duplicative, FRA is proposing revising the definition of
``railroad'' to ``a person providing railroad transportation'' and
removing the definition of ``railroad carrier.'' Also, since the
definition of ``highway-rail grade crossing'' references ``railroad
carrier,'' FRA is proposing removing the word ``carrier'' from that
definition. Lastly, the definition of ``privacy concern case'' appears
before the definition of ``person.'' FRA is proposing switching the
order of these two definitions so that they are in alphabetical order.
Section 225.6 Consolidated Reporting
FRA proposes to reorganize this section to make it more readable
for regulated entities. FRA is also proposing several substantive
changes to this section in the interest of efficiency. First, FRA
proposes to add paragraph (b)(2) which lists eight factors that
railroads should address in their consolidated reporting requests.
These are the factors that FRA currently considers when deciding
whether to grant such requests. Listing these factors in this section
would better inform railroads of what information they should include
in their requests. Thus, this proposed change would assist railroads in
drafting more well-organized requests and would make it less likely
that FRA would have to ask the railroad for additional information.
While a railroad does not necessarily have to prove that all eight
factors are present for FRA to grant a request, railroads should be
aware that the most important factor in FRA's determination is listed
in proposed paragraph (b)(2)(i) (whether all of the properties are
physically connected and by what means).
Next, paragraph (c) proposes that railroads submit their
consolidated reporting requests to FRA via email instead of by mail.
The last substantive proposed change is in paragraph (d), which
proposes reducing FRA's review period for these requests from 90 days
to 60 days. Proposed paragraph (d) notes that FRA's 60-day deadline
will be tolled while the agency is waiting for any additional
information it requests from the railroad.
Section 225.7 Use of Reports
FRA proposes removing paragraph (a) of this section, as it is
redundant of DOT's regulations related to the Freedom of Information
Act in 49 CFR part 7. The continued inclusion of paragraph (a) in this
section unnecessarily risks confusion. Since this section would no
longer address ``public examination,'' FRA proposes renaming this
section title to ``Use of reports.'' Lastly, FRA proposes to retain the
text of paragraph (b) of this section but would remove the paragraph
designation and would instead be the only text found in Sec. 225.7.
Section 225.12 Rail Equipment Accident/Incident Reports Alleging
Employee Human Factor as Cause; Employee Human Factor Attachment;
Notice to Employee; Employee Supplement
FRA proposes 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.
Section 225.13 Late Reports
FRA proposes revising this section to instruct railroads to submit
their late reports via email.
Section 225.25 Recordkeeping
FRA proposes revising paragraph (f) of this section to allow
railroads 15 calendar days (instead of 7 working days) to enter each
reportable and accountable injury and illness and each reportable and
accountable rail equipment accident/incident on the appropriate record
as required by Sec. 225.25(a)-(e). This proposed change would give
railroads additional time to ensure the accuracy of the information on
these forms.
Lastly, FRA will revise the FRA Guide for Preparing Accident/
Incident Reports in accordance with any changes to part 225 finalized
in this rulemaking.\1\
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\1\ https://railroads.dot.gov/elibrary/fra-guide-preparing-accidentincident-reports-0.
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III. Regulatory Impact and Notices
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review) and
DOT Regulatory Policies and Procedures
FRA has considered the impact of this NPRM under E.O. 12866 (58 FR
51735, Oct. 4, 1993), Regulatory Planning and Review, and DOT
Regulatory Policies and Procedures. The Office of Information and
Regulatory Affairs within the Office of Management and Budget (OMB)
determined that this NPRM is not a significant regulatory action under
section 3(f) of E.O. 12866.
FRA analyzed the potential costs and benefits of this proposed
rule. Because this proposed rule makes administrative changes such as
revising definitions, allowing railroads to submit information to FRA
electronically, and lists suggesting factors to be included in
consolidated reporting requests, this final rule imparts minimal to no
additional burdens on regulated entities. Moreover, this proposed rule
would provide some qualitative benefits to regulated entities and the
U.S. government by clarifying, simplifying, and updating the language
of part 225. This rule would also provide flexibility to regulated
entities by increasing the time given to railroads for completing
certain forms from 7 working days to 15 calendar days. Additionally,
this rule would expedite the speed at which documents are delivered
while reducing costs that would otherwise exist from having to
physically print, mail, and process documents.
[[Page 28656]]
B. E.O. 14192 (Unleashing Prosperity Through Deregulation)
E.O. 14192 (90 FR 9065, Jan. 31, 2025), Unleashing Prosperity
Through Deregulation, requires that for ``each new [E.O. 14192
regulatory action] issued, at least ten prior regulations be identified
for elimination.'' \2\ 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.\3\
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\2\ Executive Office of the President. Executive Order 14192 of
January 31, 2025. Unleashing Prosperity Through Deregulation. 90 FR
9065-9067 (Feb. 6, 2025).
\3\ 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. March 26, 2025.
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An E.O. 14192 deregulatory action is defined as ``an action that
has been finalized and has total costs less than zero.'' This proposed
rulemaking is expected to have total costs less than zero, and
therefore it would be considered an E.O. 14192 deregulatory action upon
issuance of a final rule. While FRA affirms that each amendment
proposed in this NPRM has a cost that is negligible or ``less than
zero'' consistent with E.O. 14192, FRA still requests comment on the
extent of the cost savings for the changes proposed in this NPRM.
C. Regulatory Flexibility Act and E.O. 13272
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended
by the Small Business Regulatory Enforcement Fairness Act of 1996,\4\
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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\4\ 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. This proposed rule may impart minimal additional burden
under part 225, but overall would provide greater relief to railroads.
This proposed rule offers flexibilities that would result in cost
savings. By extending this regulatory relief, many regulated entities,
including small entities, would experience a cost savings.
Consequently, FRA certifies that the proposed action would not have a
significant economic impact on a substantial number of small entities.
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857), FRA
wants to assist small entities in understanding this proposed rule so
they can better evaluate its effects on themselves and participate in
the rulemaking initiative. If the proposed rule would affect your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
consult the person listed under FOR FURTHER INFORMATION CONTACT.
D. Paperwork Reduction Act
This proposed rule offers regulatory flexibilities, and there are
no new collection of information requirements contained in this
proposed rule, in accordance with the Paperwork Reduction Act of 1995
(44 U.S.C. 3501-3520). The recordkeeping and reporting requirements
already contained in part 225 were approved by the Office of Management
and Budget (OMB) on December 5, 2023, and the information collection
requirements thereby became effective when they were approved by OMB.
The OMB approval number is 2130-0500, 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 5610.1C, 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 proposed rule will not have a substantial effect on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Thus, in accordance with E.O. 13132,
``Federalism'' (64 FR 43255, Aug. 10, 1999), preparation of a
Federalism Assessment is not warranted.
G. Unfunded Mandates Reform Act of 1995
This proposed rule would not result in the expenditure, in the
aggregate, of $100,000,000 or more, adjusted for inflation, in any one
year by State, local, or Indian Tribal governments, or the private
sector. Thus, consistent with section 202 of the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4, 2 U.S.C. 1532), FRA is not required
to prepare a written statement detailing the effect of such an
expenditure.
H. Energy Impact
E.O. 13211 requires Federal agencies to prepare a Statement of
Energy Effects for any ``significant energy action.'' \5\ FRA has
evaluated this proposed rule in accordance with E.O. 13211 and
determined that this proposed rule is not a ``significant energy
action'' within the meaning of E.O. 13211.
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\5\ 66 FR 28355 (May 22, 2001).
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I. E.O. 13175 (Tribal Consultation)
FRA has evaluated this proposed rule in accordance with the
principles and criteria contained in E.O. 13175, Consultation and
Coordination with Indian Tribal Governments, dated November 6, 2000.
The proposed rule would not have a substantial direct effect on one or
more Indian tribes, would not impose substantial direct compliance
costs on Indian tribal governments, and would not preempt tribal laws.
Therefore, the funding and consultation requirements of E.O. 13175 do
not apply, and a tribal summary impact statement is not required.
J. International Trade Impact Assessment
The Trade Agreement Act of 1979 \6\ 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
[[Page 28657]]
appropriate, that they be the basis for U.S. standards. This rulemaking
is purely domestic in nature and is not expected to affect trade
opportunities for U.S. firms doing business overseas or for foreign
firms doing business in the United States.
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\6\ 19 U.S.C. Ch. 13.
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K. Privacy Act Statement
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, to http://www.regulations.gov, as described in
the system of records notice, DOT/ALL-14 FDMS, accessible through
www.transportation.gov/privacy. To facilitate comment tracking and
response, we encourage commenters to provide their name, or the name of
their organization; however, submission of names is completely
optional. Whether or not commenters identify themselves, all timely
comments will be fully considered. If you wish to provide comments
containing proprietary or confidential information, please contact the
agency for alternate submission instructions.
L. Rulemaking Summary
As required by 5 U.S.C. 553(b)(4), a summary of this rule can be
found at regulations.gov, Docket No. FRA-2025-0123, in the SUMMARY
section of this proposed rule.
List of Subjects in 49 CFR Part 225
Investigations, Penalties, Railroad safety, Reporting and
recordkeeping requirements.
The Proposed Rule
For the reasons discussed in the preamble, FRA proposes to amend
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. Revise Sec. 225.5 by putting the definition for ``privacy concern
case'' after the definition of ``person,'' removing the word
``carrier'' from paragraph (2) under the definition of ``highway-rail
grade crossing,'' removing the definition of ``railroad carrier,'' and
revising the definition of ``railroad'' to read 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 and/or subsidiaries share officers,
equipment, and/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 (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 [email protected].
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 change the title to ``Use of
reports,'' and remove paragraph (a), 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. Revise Sec. 225.12(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:
[[Page 28658]]
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
[email protected].
* * * * *
0
7. In Sec. 225.25(f), replace ``seven working days'' with ``15
calendar days''.
Issued in Washington, DC.
Kyle D. Fields,
Chief Counsel.
[FR Doc. 2025-12179 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-06-P