Administrative Updates to the Use of Locomotive Horns at Public Highway-Rail Grade Crossings Regulations

<RULE> DEPARTMENT OF TRANSPORTATION <SUBAGY>Federal Railroad Administration</SUBAGY> <CFR>49 CFR Part 222</CFR> <DEPDOC>[Docket No. FRA-2025-0090]</DEPDOC> <RIN>RIN 2130-AD19</RIN> <SUBJECT>Administrative Updates to the Use of Locomotive Horns at Public Highway-Rail Grade Crossings Regulations</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Federal Railroad Administration (FRA), U.S. Department of Transportation (DOT). <HD SOURCE="HED">ACTION:</HD> Final rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> This rule makes administrative updates to FRA's use of locomotive horns at public highway-rail grade crossings regulations, including updating addresses in those regulations. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> Effective July 1, 2025. </EFFDATE> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> 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), <E T="03">veronica.chittim@dot.gov;</E> or Lucinda Henriksen, Senior Advisor, Office of Railroad Safety, FRA, (telephone 202-657-2842), <E T="03">lucinda.henriksen@dot.gov.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">I. Background</HD> 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 regulations in 49 CFR part 222. These changes include updating addresses that are no longer valid. <HD SOURCE="HD1">II. Section-by-Section Analysis</HD> <HD SOURCE="HD2">Part 222</HD> <HD SOURCE="HD3">§ 222.9 Definitions</HD> FRA is amending the definition of <E T="03">Grade Crossing Inventory Form</E> in 49 CFR 222.9 to update the web address from <E T="03">www.fra.dot.gov</E> to <E T="03">https://railroads.dot.gov/.</E> <HD SOURCE="HD3">§ 222.11 What are the penalties for failure to comply with this part?</HD> FRA is amending § 222.11 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 <E T="03">www.fra.dot.gov</E> to <E T="03">https://railroads.dot.gov/.</E> <HD SOURCE="HD3">§ 222.39 How is a quiet zone established?</HD> FRA is amending § 222.39(b)(3) to remove the certified mail requirement, to require electronic submittal of the application to FRA's Grade Crossing and Trespasser Outreach Division, and to allow for electronic service of the application to other parties as well as electronic submission of comments on the application to FRA's Grade Crossing and Trespasser Outreach Division. <HD SOURCE="HD3">§ 222.43 What notices and other information are required to create or continue a quiet zone?</HD> FRA is amending § 222.43(a) to remove the certified mail notification requirements, to require electronic service of notifications required in this section to FRA's Grade Crossing and Trespasser Outreach Division, and to allow for electronic service of the notifications required in this section to other parties. FRA is also amending § 222.43(d)(2)(ii)(A) to update the web address from <E T="03">http://www.fra.dot.gov/us/content/1337</E> to <E T="03">https://safetydata.fra.dot.gov/quiet/login.aspx.</E> <HD SOURCE="HD3">§ 222.47 What periodic updates are required?</HD> FRA is amending §§ 222.47(a)(1) and (b)(1) to remove the certified mail requirements, to require electronic service to FRA's Grade Crossing and Trespasser Outreach Division, and to allow for electronic service of the notices to other parties. FRA is also amending §§ 222.47(a)(2) and (b)(2) to require public authorities to submit their updated Crossing Inventory forms to FRA's Grade Crossing and Trespasser Outreach Division, rather than to the Associate Administrator. <HD SOURCE="HD3">§ 222.51 Under what conditions will quiet zone status be terminated?</HD> FRA is amending §§ 222.51(d)(2) and (e)(1) to remove the certified mail requirements, to require electronic service of the notices to FRA's Grade Crossing and Trespasser Outreach Division, and to allow for electronic service of the notices to other parties. <HD SOURCE="HD3">Appendix D to Part 222 Determining Risk Levels</HD> FRA is amending the last sentence of 49 CFR part 222, appendix D, under the heading “Nationwide Significant Risk Threshold,” to update the web address from <E T="03">www.fra.dot.gov</E> to <E T="03">https://railroads.dot.gov/.</E> <HD SOURCE="HD1">III. Public Participation</HD> 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. <HD SOURCE="HD1">IV. Regulatory Impact and Notices</HD> <HD SOURCE="HD2">A. Executive Order (E.O.) 12866 (Regulatory Planning and Review) and DOT Regulatory Policies and Procedures</HD> 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 replacing references to specific penalty amounts with general references to the minimum and maximum civil monetary penalties, ordinary maximum civil monetary penalty, and aggravated maximum civil monetary penalty, referring readers to the CFR, updating web addresses, and replacing certified mail requirements with electronic submission and service requirements, 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 222 to direct regulated entities to the appropriate cites in the CFR and the appropriate web address. Additionally, this rule allows electronic methods of submissions of documents, which will expedite the speed at which documents are delivered while also reducing costs that would otherwise exist from having to physically print, mail, and process documents. <HD SOURCE="HD2">B. E.O. 14192 (Unleashing Prosperity Through Deregulation)</HD> 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.”  <SU>1</SU> <FTREF/> 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. <SU>2</SU> <FTREF/> <FTNT> <SU>1</SU>  Executive Office of the President. <E T="03">Executive Order 14192 of January 31, 2025. Unleashing Prosperity Through Deregulation.</E> 90 FR 9065-9067. Feb. 6, 2025. </FTNT> <FTNT> <SU>2</SU>  Executive Office of the President. Office of Management and Budget. <E T="03">Guidance Implementing Section 3 of Executive Order 14192, Titled “Unleashing Prosperity Through Deregulation.”</E> Memorandum M-25-20. Mar. 26, 2025. </FTNT> 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. <HD SOURCE="HD2">C. Regulatory Flexibility Act and E.O. 13272</HD> The Regulatory Flexibility Act of 1980 ((RFA), 5 U.S.C. 601 <E T="03">et seq.</E> ) 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 ( <E T="03">i.e.,</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. <HD SOURCE="HD2">D. Paperwork Reduction Act</HD> 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 OMB is not required. The recordkeeping and reporting requirements already contained in part 222 became effective when they were approved by OMB on November 9, 2022. The OMB Control No. is 2130-0560 and the expiration date is November 30, 2025. However, this final rule will decrease the paperwork burden in §§ 222.39, 222.43 and 222.47 by amending the certified mail requirement, to allow electronic service of applications to required parties. 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