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There have been many final and proposed rules and related actions published today and in late April, including the proposed rescinding of the Dispatcher and Signal Employee certification rules (49 CFR Parts 245 and 246). Many of these actions are part of FRA’s broader regulatory reform initiative and are aimed at reducing administrative burden, codifying longstanding practices, or clarifying existing requirements. Provided below is a consolidated summary of the most relevant actions pertinent for passenger and commuter railroads. Recent Regulatory Activities Dispatcher & Signal Employee Certification (Parts 245/246) – FRA Proposed Rule to Rescind Previous Final Rules On May 15, 2026, FRA issued Notice of Proposed Rulemakings (NPRMs) addressing Dispatcher and Signal Employee Certification and the industry’s Petitions for Reconsideration. FRA is proposing to rescind the May 2024 final rules in their entirety following petitions for reconsideration. The NPRM for 49 CFR Part 245 - Certification of Dispatchers [Docket No. FRA-2022-0019] can be found here: [federalregister.gov], The NPRM for 49 CFR Part 246 – Certification of Signal Employees [Docket No. FRA-2022-0020] can be found here: [federalregister.gov]
FRA is accepting comments on both proposed rules. Comments are due July 14, 2026. Training, Qualification, and Oversight (Part 243) – Final Rule Also on May 15, FRA issued a final rule clarifying and codifying existing requirements for training programs for safety-related employees based on longstanding comments from the American Short Line and Regional Railroad Association (ASLRRA) and the National Railroad Construction and Maintenance Association, Inc. (NRC). Additionally, FRA has taken this opportunity to reinforce language concerning its expectations regarding the oversight and effectiveness of these programs. While largely characterized as clarifications and administrative updates, this rule underscores FRA’s continued focus on the effectiveness and oversight of training programs, including periodic review and adjustment of training based on observed performance gaps. Of particularly note is the proposed modifications § 243.205 to allow periodic oversight to be limited to tests “or” inspections, rather than require both tests “and” inspections. Railroads should review existing Part 243 programs to ensure alignment with clarified expectations, particularly with respect to documentation, oversight, and contractor coordination. This rule becomes effective July 14, 2026. The final rule can be found here: https://www.federalregister.gov/documents/2026/05/15/2026-09790/training-qualification-and-oversight-for-safety-related-railroad-employees April 2026 Final Rules – Regulatory Reform Package Certification Programs (Engineers & Conductors) – Streamlining Updates FRA finalized the following rulemakings affecting Parts 240 and 242. These rules were all part of the July 2025 de-regulatory effort originally published last year. Locomotive Engineers (Part 240): This rule reduces certificate information requirements, allows electronic certificates, and revises revocation and hearing procedures. [federalregister.gov] Conductors (Part 242): Similar to the Part 240 final rule, this rule provides updates to conductor certification programs including electronic certificates and revised revocation/AHO processes. [federalregister.gov] C3RS Incorporation: This final rule codifies longstanding waivers for railroads participating in the Confidential Close Call Reporting System (C3RS) program. [federalregister.gov]
Administrative & Enforcement Reforms Several rules focus on process improvements and enforcement discretion that were also part of the July 2025 rulemaking set: Prosecutorial Discretion (Part 209): This rule Clarifies FRA’s authority to decline or dismiss technical violations that do not present safety concerns. [federalregister.gov] State Safety Participation (Part 212): Technical amendment restoring inadvertently removed regulatory text. [federalregister.gov]
Reporting, Safety Standards & Miscellaneous Relief FRA also published several targeted deregulatory actions from its proposed de-regulatory rulemakings published back in July 2025. Electronic Posting of Injuries/Illnesses (Part 225): This rule allows required postings to be made electronically and removes certain signature requirements. [federalregister.gov] Non-Traversable Curbs / Quiet Zones (Part 222): This final rule allows speeds up to 45 mph in certain quiet zones, codifying certain longstanding waivers. [federalregister.gov] Bridge Load Capacity Evaluations (Part 237): In this rule FRA is repealing the process a track owner must follow when scheduling the evaluation of bridges with no load capacity determination. This was a transitional requirement for railroads developing their 237 plans when the regulation was first introduced and is now considered obsolete. [federalregister.gov] Track Surface Requirement (Part 213): FRA is finalizing a repeal of a specific track geometry parameter (runoff), noting existing standards already address the safety concern. [federalregister.gov]
As you can see, we’re starting to see a number or rule makings surface from the previous July 2025 announcements and proposed rulemakings, and we will keep you apprised of any new pertinent rulemakings as they come out. As always, please reach out if there are specific concerns or if you are considering submitting comments.
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