Transportation Department Docket FRA-2025-0080 Final Rule

2026-08252: Administrative Updates to the Federal Railroad Administration's State Safety Participation Regulations

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Summary

On July 1, 2025, FRA published a final rule making miscellaneous, administrative updates to its State safety participation regulations. In that rule, FRA inadvertently removed language from the Code of Federal Regulations (CFR), which necessitates this technical amendment to effectuate FRA's intent.

The agency’s own summary, as published.

The rule, in full

648 words as published, April 28, 2026. View the original →

Federal Register, Volume 91 Issue 81 (Tuesday, April 28, 2026) [Federal Register Volume 91, Number 81 (Tuesday, April 28, 2026)] [Rules and Regulations] [Page 22733] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2026-08252] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration 49 CFR Part 212 [Docket No. FRA-2025-0080, Notice No. 2] RIN 2130-AD07 Administrative Updates to the Federal Railroad Administration's State Safety Participation Regulations

Agency

Federal Railroad Administration (FRA), U.S. Department of Transportation (DOT).

Action

Final rule; technical amendment. -----------------------------------------------------------------------

Summary

On July 1, 2025, FRA published a final rule making miscellaneous, administrative updates to its State safety participation regulations. In that rule, FRA inadvertently removed language from the Code of Federal Regulations (CFR), which necessitates this technical amendment to effectuate FRA's intent.

Dates

Effective April 28, 2026.

For Further Information Contact

Veronica Chittim, Assistant Chief Counsel for Safety, Office of the Chief Counsel, FRA, (telephone 202- 480-3410), [email protected]; or Lucinda Henriksen, Senior Advisor, Office of Railroad Safety, FRA (telephone 202-657-2842), [email protected].

Supplementary Information

On July 1, 2025, FRA published a final rule making miscellaneous, administrative updates to its State safety participation regulations in 49 CFR part 212. 90 FR 28130. In that rule, FRA made drafting errors in instruction numbers 7 and 19, which necessitates this technical amendment to effectuate FRA's intent. FRA is promulgating these amendments without advance notice or an opportunity for comment because they fall under the ``good cause'' exemption of the Administrative Procedure Act. 5 U.S.C. 553(b)(B). FRA finds that notice and comment are unnecessary here because these corrections are merely technical. Sec. 212.201 General Qualifications of State Inspection Personnel Instruction No. 7 in the final rule published at 90 FR 28132 revised section 212.201(d). FRA only meant to revise the introductory text of paragraph (d). However, because of an inaccurate amendatory instruction, the paragraph (d) subparagraphs were inadvertently removed from the CFR. Because FRA intended to keep the rest of paragraph (d) intact, this rule and amendment reinstates paragraphs (d)(1) through (5) as they existed before July 1, 2025. Sec. 212.233 Apprentice Highway-Rail Grade Crossing Inspector Instruction No. 19 in the final rule published at 90 FR 28134 revised section 212.233(a). However, FRA failed to identify the intended revision to the section heading in the set-out text to ``Apprentice grade crossing and trespasser inspector.'' Because FRA intended to revise the section heading for consistency, this rule is necessary. List of Subjects in 49 CFR Part 212 Hazardous materials transportation, Intergovernmental relations, Investigations, Railroad safety. The Final Rule In consideration of the foregoing, FRA amends part 212 of chapter II, subtitle B of title 49, Code of Federal Regulations as follows: PART 212--STATE SAFETY PARTICIPATION REGULATIONS 0

1. The authority citation for part 212 continues to read as follows:

Authority: 49 U.S.C. 20103, 20105, 20106, and 20113, and 49 CFR 1.89. 0

2. Amend Sec. 212.201 by revising paragraph (d) to read as follows:

Sec. 212.201 General qualifications of State inspection personnel. * * * * * (d) Each inspector shall demonstrate: (1) The ability to read and comprehend written materials such as training and enforcement manuals, regulations, operating and safety rules of the railroad, and similar materials; (2) The ability to compose narrative reports of investigative findings that are clear, complete, and grammatically acceptable; (3) The ability to record data on standard report forms with a high degree of accuracy; (4) The ability to communicate orally; and (5) Basic knowledge of rail transportation functions, the organization of railroad, shipper, and manufacturer companies, and standard industry rules for personal safety. * * * * * 0

3. Amend Sec. 212.233 by revising the section heading to read as

follows: Sec. 212.233 Apprentice grade crossing and trespasser inspector. * * * * * Issued in Washington, DC, under authority delegated in 49 CFR 1.89. David A. Fink, Administrator. [FR Doc. 2026-08252 Filed 4-27-26; 8:45 am] BILLING CODE 4910-06-P

What this changes

Amends 1 part of the Code of Federal Regulations — the standing rules this notice rewrites.

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