2025-12165: Administrative Updates to the Brake System Safety Standards for Freight and Other Non-Passenger Trains and Equipment; End-of-Train Devices Regulations

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 administrative changes such as updating web addresses, 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 232 to direct regulated entities to the appropriate agency subject matter expert to ensure information gets to the specific discipline. This rule would also provide additional clarity to regulated entities for certain requirements within part 232.

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 and E.O. 13272

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

This rule offers regulatory flexibilities, and it contains no new information collection requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520), therefore, a submission to the Office of Management and Budget (OMB) is not required. The recordkeeping and reporting requirements already contained in part 232 became effective when they were approved by OMB on March 03, 2025. The OMB Control No. is 2130-0008 and the expiration date is March 31, 2028.

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 [[Page 28172]] 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.'' 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 in 49 CFR Part 232 Penalties, Railroad safety, Reporting and recordkeeping requirements. The Final Rule In consideration of the foregoing, FRA amends part 232 of chapter II, subtitle B of title 49, Code of Federal Regulations as follows: PART 232--BRAKE SYSTEM SAFETY STANDARDS FOR FREIGHT AND OTHER NON- PASSENGER TRAINS AND EQUIPMENT; END-OF-TRAIN DEVICES 0

1. The authority citation for part 232 continues to read as follows:

Authority: 49 U.S.C. 20102-20103, 20107, 20133, 20141, 20301- 20303, 20306, 21301-20302, 21304; 28 U.S.C. 2461 note; and 49 CFR 1.89. 0

2. Revise Sec. 232.207(c) to read as follows:

Sec. 232.207 Class IA brake tests--1,000-mile inspection. * * * * * (c) A railroad shall designate the locations where Class IA brake tests will be performed, and the railroad shall furnish to the Federal Railroad Administration upon request a description of each location designated. A railroad shall notify the Motive Power and Equipment Division of FRA's Office of Railroad Safety (MP&E Division) in writing 30 days prior to any change in the locations designated for such tests and inspections. (1) Failure to perform a Class IA brake test on a train at a location designated pursuant to this paragraph (c) constitutes a failure to perform a proper Class IA brake test if the train is due for such a test at that location. (2) In the event of an emergency that alters normal train operations, such as a derailment or other unusual circumstance that adversely affects the safe operation of the train, the railroad is not required to provide prior written notification of a change in the location where a Class IA brake test is performed to a location not on the railroad's list of designated locations for performing Class IA brake tests, provided that the railroad notifies FRA's MP&E Division within 24 hours after the designation has been changed and the reason for that change. 0

3. Revise Sec. 232.213(a)(1) and (8), and (b) to read as follows:

Sec. 232.213 Extended haul trains. (a) * * * (1) The railroad must designate the train in writing to FRA's MP&E Division. This designation must include the following: (i) The train identification symbol or identification of the location where extended haul trains will originate and a description of the trains that will be operated as extended haul trains from those locations; (ii) The origination and destination points for the train; (iii) The locations where all train brake and mechanical inspections and tests will be performed. * * * * * (8) In the event of an emergency that alters normal train operations, such as a derailment or other unusual circumstance that adversely affects the safe operation of the train, the railroad is not required to provide prior written notification of a change in the location where an extended haul brake test is performed to a location not on the railroad's list of designated locations for performing extended haul brake tests, provided that the railroad notifies FRA's MP&E Division within 24 hours after the designation has been changed and the reason for that change. (b) Failure to comply with any of the requirements contained in paragraph (a) of this section will be considered an improper movement of a designated priority train for which appropriate civil penalties may be assessed as outlined in the statement of civil penalty policy on FRA's website at https://railroads.dot.gov/. Furthermore, the Associate Administrator may revoke a railroad's ability to designate any or all trains as extended haul trains for repeated or willful noncompliance with any of the requirements contained in this section. Such a determination will be made in writing and will state the basis for such action. Issued in Washington, DC. Kyle D. Fields, Chief Counsel. [FR Doc. 2025-12165 Filed 6-27-25; 4:15 pm] BILLING CODE 4910-06-P