Greetings CRC members:

As we enter the month of February, it’s time to recalibrate on some of the developing regulatory activities, particularly as we start to learn about, and navigate, the changes occurring in Washington DC. Needless to say, the next several weeks will continue to be interesting, but we’ll try to keep you informed and prepared as the 2025 regulatory landscape takes shape.

Let’s start with an update on some of the carry-over from 2024:

On January 24, 2025, FRA responded to the Petitions for Reconsideration submitted by CRC, the American Short Line and Regional Railroad Association (ASLRRA), and the Association of American Railroads (AAR). You can find the full response letter and petitions in either rulemaking docket. Here is a link to the response under Part 246: Regulations.gov.

In its response, FRA provided a 6-month extension for the submission of programs, allowing commuter and passenger railroads until September 17, 2025 to submit their programs. The response, however, still requires railroads to identify and issue certificates to its designated employees (effectively those who are to be “grandfathered in”) by March 17, 2025. A summary of the additional changes from the petition response is as follows:

• 49 CFR §§ 245.103(a) and 246.103(b) are amended to extend the program submission deadlines for all railroads by six months (September 17, 2025);

• 49 CFR §§ 245.105(d) and 246.105(d) have been amended to allow railroads to certify employees through the designation system for an additional three months after FRA has approved the railroad’s program(s);

• 49 CFR §§ 246.123 is amended to allow individuals other than certified signal employees to perform unannounced compliance tests; and

• 49 CFR §§ 245.123 and 246.123 are amended to allow railroads to rely on an unannounced compliance test performed by another entity, pursuant to an FRA-approved program, including another railroad or contractor.

In the response FRA also acknowledged the points raised by CRC, ASLRRA and AAR regarding the application of the regulations to contracted employees and noted that it would undertake a rulemaking to address the matter. The response also includes a number of points of clarification and FRA’s position on various other matters raised in the formal petitions filed.

On February 6, 2025 representatives from ASLRRA, AAR and CRC met with FRA’s new Chief Counsel and pertinent legal staff, as well as Office of Railroad Safety executive staff to discuss the response, and the continuing complications and challenges various members have identified in developing their programs, to date. In short, the three associations have asked for FRA/USDOT to stay the implementation of both rulemakings until the new administration has reviewed them, and to work with industry on addressing the complexities, particularly in relation to contracted employees. We will keep our members posted on any updates we receive, particularly given the near-term deadlines that are fast approaching.

Revisions to Part 211 – FRA Waiver Process and Requirements [Docket # FRA-2024-0033]

FRA has decided to withdrawal this NPRM and the proposed changes to the waiver process outlined by 49 CFR Part 211, as well as the associated definitions proposed for “in the public interest” and “consistent with railroad safety.” As discussed previously, this was anticipated given the timing of this NPRM’s publication and change of administration. The proposed changes and definitions would have presented a significant challenge to the industry, particularly for public agencies by imposing additional subjectivity to the process. It would also have virtually eliminated the ability to leverage the process to test or adopt alternative standards or technologies to help improve operational efficiency or reduce costs. It should be noted that both the NPRM and withdrawal notice references previous guidance that FRA published on the subject in December 2022 (Guidance on Submitting Waiver Special Approval Other Requests for Approval to FRA [Dec 2022] final.pdf). It’s unclear at this stage if there will be any modifications to this guidance in light of the withdrawal, but railroads should certainly be familiar with it if they plan to make any such requests. The full publication can be found here: Regulations.gov.

As of today, this rule remains in the comment response period and we’ll have to see if it remains a priority on the regulatory agenda for the new administration. The comment period was extended to January 7, 2025, and the docket notes that late comments are still allowed. CRC has provided comments on the NPRM for consideration, as numerous members noted that the proposed inspections did not match current practice, as asserted by the NPRM. Comments were also shared regarding the mitigation timeframes proposed, as requested by FRA.

Similarly, this NPRM is currently in the comment response period and we would expect to learn more about its priority when the next regulatory agenda is published. Several CRC members were involved in the development meetings held by FRA, and there were not many comments raised in response to the NPRM. CRC did, however, provide comments to formalize its previous discussions with FRA, and provide some perspectives and considerations for the final rule.

Research & Development:

The FRA’s Office of Research, Development, and Technology recently published a document outlining its current projects for 2025. You can find the information here: FRA Office of Research, Development, and Technology Current Projects 2025 | FRA. Some areas of particular interest for CRC members include a number of research projects related to passenger car window glazing retention design/technology, and the study of hazards associated with the use of alternative fuels for motive power (e.g., hydrogen, battery, etc.).

A preliminary calendar for FRA’s discretionary grant program has been published. You can find more information here: Calendar of FRA Publications CY2025 | FRA.

On January 29, 2025 FRA published information on its Restoration and Enhancements Grant Program. The information sheet highlights changes to the program and can be found here: Restoration and Enhancements Grant Program Fact Sheet | FRA.

On January 30, 2025, FRA published an information sheet providing links to various tools and resources for FRA discretionary grant applications. The information sheet can be found here: Tools/Resources for FRA Discretionary Grant Applicants | FRA.

Regards,
Devin Rouse, DC Rail Advisory