Updating the Definition of Person

<RULE> DEPARTMENT OF TRANSPORTATION <SUBAGY>Federal Railroad Administration</SUBAGY> <CFR>49 CFR Parts 209, 217, 219, 223, 224, 225, 227, 230, 238, 239, 240, 241, 242, 243, 244, 245, and 246</CFR> <DEPDOC>[Docket No. FRA-2025-0115]</DEPDOC> <RIN>RIN 2130-AD56</RIN> <SUBJECT>Updating the Definition of Person</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Federal Railroad Administration (FRA), Department of Transportation (DOT). <HD SOURCE="HED">ACTION:</HD> Final rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> This final rule updates the definition of “person” in FRA's regulations to provide for regulatory consistency. FRA is making these clarifying changes to better align with FRA's safety jurisdiction and to conform definitions in FRA's older regulations with the definition of “person” that FRA has used in its most recent rulemakings. In one section where “person” is defined, FRA is also replacing references to specific penalty amounts with general references to FRA's minimum civil monetary penalty, ordinary maximum civil monetary penalty, and aggravated maximum civil monetary penalty amounts, consistent with FRA's current practice. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> This rule is effective July 31, 2025. </EFFDATE> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Elliott Gillooly, Attorney Adviser, Office of the Chief Counsel, Federal Railroad Administration, at telephone: (202) 897-8666 or email: <E T="03">elliott.gillooly@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, FRA is reviewing its regulatory requirements in parts 200 through 299 of title 49, Code of Federal Regulations (CFR) and repealing or updating requirements that are outdated or redundant. This final rule updates the definition of “person” in FRA's regulations to provide for regulatory consistency. Recent additions to the CFR, including 49 CFR 270.5, have defined “person” with reference to 49 U.S.C. 21301, which establishes FRA's general civil penalty authority. Accordingly, FRA is now amending the definition of “person” to remove references to “1 U.S.C. 1,” and replace it with “49 U.S.C. 21301.” This change will better align the definitions with FRA's general safety jurisdiction. The section-by-section analysis below describes all sections that FRA is amending in this final rule. <HD SOURCE="HD1">II. Final Rule</HD> Under the Administrative Procedure Act, 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 administrative updates to the CFR to provide a consistent statutory reference in the definition of “person,” and is replacing references to specific civil penalty amounts with a general reference to 49 CFR part 209, appendix A, notice and comment are not necessary. <HD SOURCE="HD1">II. Section-by-Section Analysis</HD> <HD SOURCE="HD2">Part 209—Railroad Safety Enforcement Procedures</HD> <HD SOURCE="HD3">Section 209.3 Definitions</HD> FRA is removing reference to 1 U.S.C. 1 in the first sentence of the definition of “person” and replacing it with 49 U.S.C. 21301. <HD SOURCE="HD2">Part 217—Railroad Operating Rules</HD> <HD SOURCE="HD3">Section 217.5 Penalty</HD> FRA is removing reference to 1 U.S.C. 1 in the first sentence of this section, in the parenthetical that defines “person,” and replacing it with 49 U.S.C. 21301. FRA is also 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 amending this section 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="HD2">Part 219—Control of Alcohol and Drug Use</HD> <HD SOURCE="HD3">Section 219.5 Definitions</HD> FRA is removing reference to 1 U.S.C. 1 in the first sentence of the definition of “person” and replacing it with 49 U.S.C. 21301. <HD SOURCE="HD2">Part 223—Safety Glazing Standards—Locomotives, Passenger Cars and Cabooses</HD> <HD SOURCE="HD3">Section 223.5 Definitions</HD> FRA is removing reference to 1 U.S.C. 1 in the first sentence of the definition of “person” and replacing it with 49 U.S.C. 21301. <HD SOURCE="HD2">Part 224—Reflectorization of Rail Freight Rolling Stock</HD> <HD SOURCE="HD3">Section 224.5 Definitions</HD> FRA is removing reference to 1 U.S.C. 1 in the first sentence of the definition of “person” and replacing it with 49 U.S.C. 21301. <HD SOURCE="HD2">Part 225—Railroad Accidents/Incidents: Reports Classification and Investigations</HD> <HD SOURCE="HD3">Section 225.5 Definitions</HD> FRA is removing reference to 1 U.S.C. 1 in the first sentence of the definition of “person” and replacing it with 49 U.S.C. 21301. <HD SOURCE="HD2">Part 227—Occupational Safety and Health in the Locomotive Cab</HD> <HD SOURCE="HD3">Section 227.5 Definitions</HD> FRA is removing reference to 1 U.S.C. 1 in the first sentence of the definition of “person” and replacing it with 49 U.S.C. 21301. <HD SOURCE="HD2">Part 230—Steam Locomotive Inspection and Maintenance Standards</HD> <HD SOURCE="HD3">Section 230.8 Definitions</HD> FRA is removing reference to 1 U.S.C. 1 in the first sentence of the definition of “person” and replacing it with 49 U.S.C. 21301. <HD SOURCE="HD2">Part 238—Passenger Equipment Safety Standards</HD> <HD SOURCE="HD3">Section 238.5 Definitions</HD> FRA is removing reference to 1 U.S.C. 1 in the first sentence of the definition of “person” and replacing it with 49 U.S.C. 21301. <HD SOURCE="HD2">Part 239—Passenger Train Emergency Preparedness</HD> <HD SOURCE="HD3">Section 239.7 Definitions</HD> FRA is removing reference to 1 U.S.C. 1 in the first sentence of the definition of “person” and replacing it with 49 U.S.C. 21301. <HD SOURCE="HD2">Part 240—Qualification and Certification of Locomotive Engineers</HD> <HD SOURCE="HD3">Section 240.7 Definitions</HD> FRA is removing reference to 1 U.S.C. 1 in the first sentence of the definition of “person” and replacing it with 49 U.S.C. 21301. <HD SOURCE="HD2">Part 241—United States Locational Requirement for Dispatching of United States Rail Operations</HD> <HD SOURCE="HD3">Section 241.5 Definitions</HD> FRA is removing reference to 1 U.S.C. 1 in the first sentence of the definition of “person” and replacing it with 49 U.S.C. 21301. <HD SOURCE="HD2">Part 242—Qualification and Certification of Conductors</HD> <HD SOURCE="HD3">Section 242.7 Definitions</HD> FRA is removing reference to 1 U.S.C. 1 in the first sentence of the definition of “person” and replacing it with 49 U.S.C. 21301. <HD SOURCE="HD2">Part 243—Training, Qualification, and Oversight for Safety-Related Railroad Employees</HD> <HD SOURCE="HD3">Section 243.5 Definitions</HD> FRA is removing reference to 1 U.S.C. 1 in the first sentence of the definition of “person” and replacing it with 49 U.S.C. 21301. <HD SOURCE="HD2">Part 244—Regulations on Safety Integration Plans Governing Railroad Consolidations, Mergers, and Acquisitions of Control</HD> <HD SOURCE="HD3">Section 244.9 Definitions</HD> FRA is removing reference to 1 U.S.C. 1 in the first sentence of the definition of “person” and replacing it with 49 U.S.C. 21301. <HD SOURCE="HD2">Part 245—Qualification and Certification of Dispatchers</HD> <HD SOURCE="HD3">Section 245.7 Definitions</HD> FRA is removing reference to 1 U.S.C. 1 in the first sentence of the definition of “person” and replacing it with 49 U.S.C. 21301. <HD SOURCE="HD2">Part 246—Certification of Signal Employees</HD> <HD SOURCE="HD3">Section 246.7 Definitions</HD> FRA is removing reference to 1 U.S.C. 1 in the first sentence of the definition of “person” and replacing it with 49 U.S.C. 21301. <HD SOURCE="HD1">III. 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. This final rule makes administrative changes such as updating statutory references in the CFR, and 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, 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 various parts of FRA's regulations to provide regulatory consistency and to direct regulated entities to the appropriate civil monetary penalty amounts. <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/> I ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 37k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━