FRA Repeals Track Runoff Parameter for Classes 1-5

Legal Status This site displays a prototype of a “Web 2.0” version of the daily
Federal Register. It is not an official legal edition of the Federal
Register, and does not replace the official print version or the official
electronic version on GPO’s govinfo.gov.

The documents posted on this site are XML renditions of published Federal
Register documents. Each document posted on the site includes a link to the
corresponding official PDF file on govinfo.gov. This prototype edition of the
daily Federal Register on FederalRegister.gov will remain an unofficial
informational resource until the Administrative Committee of the Federal
Register (ACFR) issues a regulation granting it official legal status.
For complete information about, and access to, our official publications
and services, go to About the Federal Register on NARA's archives.gov.

The OFR/GPO partnership is committed to presenting accurate and reliable
regulatory information on FederalRegister.gov with the objective of
establishing the XML-based Federal Register as an ACFR-sanctioned
publication in the future. While every effort has been made to ensure that
the material on FederalRegister.gov is accurately displayed, consistent with
the official SGML-based PDF version on govinfo.gov, those relying on it for
legal research should verify their results against an official edition of
the Federal Register. Until the ACFR grants it official status, the XML
rendition of the daily Federal Register on FederalRegister.gov does not
provide legal notice to the public or judicial notice to the courts.

Legal Status

Rule

You may be interested in this older document that published on 07/01/2025 with action 'Notice of proposed rulemaking (NPRM).' View Document

Repealing a Track Surface Requirement

A Rule by the Federal Railroad Administration on 04/28/2026

• 1.

1.

• Document Details Published Content - Document Details Agencies Department of Transportation Federal Railroad Administration Agency/Docket Numbers Docket No. FRA-2025-0116 Notice No. 2 CFR 49 CFR 213 Document Citation 91 FR 22733 Document Number 2026-08245 Document Type Rule Pages 22733-22736
  (4 pages) Publication Date 04/28/2026 RIN 2130-AD49 Published Content - Document Details

• PDF Official Content

  • View printed version (PDF) Official Content

• Document Details Published Content - Document Details Agencies Department of Transportation Federal Railroad Administration Agency/Docket Numbers Docket No. FRA-2025-0116 Notice No. 2 CFR 49 CFR 213 Document Citation 91 FR 22733 Document Number 2026-08245 Document Type Rule Pages 22733-22736
  (4 pages) Publication Date 04/28/2026 RIN 2130-AD49 Published Content - Document Details

• Document Dates Published Content - Document Dates Effective Date 2026-05-28 Dates Text This rule is effective May 28, 2026. Published Content - Document Dates

• Table of Contents Enhanced Content - Table of Contents This table of contents is a navigational tool, processed from the
  headings within the legal text of Federal Register documents.
  This repetition of headings to form internal navigation links
  has no substantive legal effect.

  -

  -

  -

  -

  -

  • Executive Order 14192 (Unleashing Prosperity Through Deregulation)

  - Executive Order 13272

  -

  -

  - Executive Order 13175 (Tribal Consultation)

  - 49 CFR Part 213

  -

  Enhanced Content - Table of Contents

• Related Documents Enhanced Content - Related Documents FederalRegister.gov uses the agency dockets published with the document to display related documents.

| Notice No. 2
(166 Documents) |
| --- |
| Date | | Action | Title |
| | 2026-04-28 | Final rule. | Repealing a Track Surface Requirement |
| | 2026-04-28 | Final rule. | Miscellaneous Revisions to the Qualification and Certification of Conductors |
| | 2026-04-28 | Final rule. | Regulatory Relief To Allow Speeds Up to 45 MPH for Non-Traversable Curbs |
| | 2026-04-28 | Final rule. | Qualification and Certification of Locomotive Engineers |
| | 2026-04-28 | Final rule. | Removing Stenciling Requirement for Freight Cars Used for Tourist, Historic, Excursion, Educational, Recreational, or Private Purposes and Not Interchanged |
| | 2026-04-28 | Final rule. | Allowing for the Electronic Posting of Reportable Injuries and Occupational Illnesses |
| | 2026-04-28 | Final rule. | Repealing Certain Bridge Load Capacity Evaluation Requirements |
| | 2026-04-28 | Final rule. | Qualification and Certification of Locomotive Engineers and Conductors: Incorporation of Longstanding C3RS Waivers |
| | 2026-04-28 | Final rule. | Prosecutorial Discretion of Enforcement Attorneys |
| | 2026-04-28 | Final rule. | Removal of Unnecessary and Outdated Paperwork Reduction Act References |
| | 2026-04-24 | Final rule. | Amendments to the Federal Railroad Administration's Procedures for Service of Documents in Railroad Safety Enforcement Proceedings |
| | 2022-11-17 | Final rule. | Safety Glazing Standards; Codifying Existing Waivers and Adding Test Flexibility |
| | 2018-11-20 | Notice of Safety Advisory. | Safety Advisory Related to Temporary Signal Suspensions |
| | 2017-04-03 | Final rule. | Implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act for a Violation of a Federal Railroad Safety Law, Federal Railroad Administration Safety Regulation or Order, or the Hazardous Material Transportation Laws or Regulations, Orders, Special Permits, and Approvals Issued Under Those Laws |
| | 2017-02-13 | Notice of proposed rulemaking (NPRM); reopening of comment period. | Passenger Equipment Safety Standards; Standards for Alternative Compliance and High-Speed Trainsets |
| | 2011-12-14 | Final rule. | Alternate Passenger Rail Service Pilot Program |
| | 2011-11-09 | Final rule. | Conductor Certification |
| | 2011-06-10 | Notice of meeting; postponement. | Northeast Corridor Safety Committee; Meeting Postponement |
| | 2010-07-27 | Final rule. | Inflation Adjustment of the Ordinary Maximum and Aggravated Maximum Civil Monetary Penalties for a Violation of the Hazardous Material Transportation Laws and Regulations |
| | 2009-11-13 | Removal of direct final rule provisions. | State Highway-Rail Grade Crossing Action Plans |
| | 2009-07-20 | Direct final rule; confirmation of effective date. | Miscellaneous Revisions to the Procedures for Handling Petitions for Emergency Waiver of Safety Regulations and the Procedures for Disqualifying Individuals From Performing Safety-Sensitive Functions |
| | 2007-10-19 | Final rule. | Locomotive Safety Standards; Sanders |
| | 2005-07-06 | Final Rule; Response to Petitions for Reconsideration. | Defect and Noncompliance Responsibility and Reports Defect and Noncompliance Notification |
| | 2004-10-28 | Final rule; correcting amendments. | Inflation Adjustment of the Maximum and Minimum Civil Monetary Penalties for Violation of a Railroad Safety Law or Regulation; Corrections |
| | 2004-03-16 | Final rule. | Railroad Locomotive Safety Standards: Clarifying Amendments; Headlights and Auxiliary Lights |
| | 2001-09-28 | Final Rule. | Signal and Train Control; Miscellaneous Amendments |
| | 2001-03-06 | Notice of public hearing. | Locomotive Cab Sanitation Standards |
| View More Docket Documents |

| Docket No. FRA-2025-0116
(2 Documents) |
| --- |
| Date | | Action | Title |
| | 2025-07-01 | Notice of proposed rulemaking (NPRM). | Repealing a Track Surface Requirement |

Enhanced Content - Related Documents

• Public Comments Enhanced Content - Public Comments This feature is not available for this document.

Enhanced Content - Public Comments
- Regulations.gov Data Enhanced Content - Regulations.gov Data Additional information is not currently available for this document.

Enhanced Content - Regulations.gov Data

- Sharing Enhanced Content - Sharing Shorter Document URL https://www.federalregister.gov/d/2026-08245 Email Email this document to a friend Enhanced Content - Sharing

• Print Enhanced Content - Print
  • Enhanced Content - Print
• Other Formats Enhanced Content - Other Formats This document is also available in the following formats:

JSON Normalized attributes and metadata XML Original full text XML MODS Government Publishing Office metadata More information and documentation can be found in our developer tools pages.

Enhanced Content - Other Formats
- Public Inspection Public Inspection This PDF is FR Doc. 2026-08245 as it appeared on Public Inspection on
04/27/2026 at 8:45 am.

It was viewed
21
times while on Public Inspection.

If you are using public inspection listings for legal research, you
should verify the contents of the documents against a final, official
edition of the Federal Register. Only official editions of the
Federal Register provide legal notice of publication to the public and judicial notice
to the courts under 44 U.S.C. 1503 & 1507. Learn more here.

Public Inspection
Published Document: 2026-08245 (91 FR 22733) This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

Document Headings Document headings vary by document type but may contain
the following:

1. the agency or agencies that issued and signed a document
2. the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to
3. the agency docket number / agency internal file number
4. the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details.

Department of Transportation

Federal Railroad Administration

1. 49 CFR Part 213
2. [Docket No. FRA-2025-0116; Notice No. 2]
3. RIN 2130-AD49

AGENCY:

Federal Railroad Administration (FRA), Department of Transportation (DOT).

ACTION:

Final rule.

SUMMARY:

This rule repeals the runoff parameter from FRA's track surface requirements for track Classes 1 through 5. FRA has found that other geometry requirements in FRA's regulations already address the same safety issue.

DATES:

This rule is effective May 28, 2026.

FOR FURTHER INFORMATION CONTACT:

Yu-Jiang Zhang, Staff Director, Track and Structures Division, FRA, telephone: (202) 493-6460, email: yujiang.zhang@dot.gov; or Aaron Moore, Senior ( printed page 22734) Attorney, FRA, telephone: (202) 853-4784, email: aaron.moore@dot.gov.

SUPPLEMENTARY INFORMATION:

I. Background

Consistent with Executive Order (E.O.) 14192, Unleashing Prosperity Through Deregulation (90 FR 9065, Feb. 6, 2025), and E.O. 14219, Ensuring Lawful Governance and Implementing the President's “Department of Government Efficiency” Deregulatory Initiative (90 FR 10583, Feb. 25, 2025), FRA is reviewing its regulatory requirements in parts 200 through 299 of title 49, Code of Federal Regulations (CFR) and repealing requirements that are outdated and redundant.

On July 1, 2025, FRA published a notice of proposed rulemaking (NPRM) that proposed to repeal the runoff parameter from 49 CFR 213.63 in FRA's track surface requirements. 90 FR 28626. During the comment period that closed on September 2, 2025, FRA received comments from the Brotherhood of Maintenance of Way Employes Division (BMWED) ] and the International Association of Sheet Metal, Air, Rail, and Transportation Workers—Transportation Division (SMART-TD). ]

In summary, BMWED supports the repeal of the runoff parameter in section 213.63(a), contingent upon the continued enforcement of overlapping and technically sufficient surface condition standards, as that runoff parameter is redundant. Conversely, SMART-TD urges FRA to withdraw this rulemaking, as SMART-TD contends that the runoff parameter is unique, necessary, and irreplaceable. FRA disagrees with SMART-TD and discusses the comments it received further in the Section-by-Section Analysis of this final rule. FRA finalizes the NPRM as proposed.

II. Section-by-Section Analysis

Section 213.63 Track Surface

Paragraph (a) of this section requires each track owner to maintain the surface of its track within certain parameters set forth in the table. A working group of FRA's Railroad Safety Advisory Committee (RSAC) previously considered removing the surface runoff parameter from FRA's regulations between 2019 and 2022. ] In the NPRM, FRA proposed to repeal the runoff parameter from the existing table in paragraph (a) (i.e., the first row of the table). ] The other parameters in FRA's regulations, including the thresholds outlined in existing paragraph (a), already capture the same track surface safety concerns.

In its comments, BMWED supports the repeal of the runoff parameter in section 213.63(a), contingent upon the continued enforcement of overlapping and technically sufficient surface condition standards. BMWED comments that runoff has become functionally redundant and is a legacy parameter no longer necessary for ensuring compliance or safety. BMWED also requests that FRA take the following actions: (1) clarify that inspectors retain the authority to cite hazardous surface conditions outside specific numeric thresholds, including updating FRA's Track Safety Standards Compliance Manual to make that statement; (2) reaffirm its commitment to the RSAC process for future technical rulemakings; and (3) conduct post-repeal monitoring to verify continued safety performance.

FRA appreciates BMWED's support of this rule and agrees that the runoff parameter under existing section 213.63(a) is redundant and unnecessary. In response to BMWED's three requests, first, FRA clarifies that this final rule does not limit an FRA inspector's ability to take enforcement action for unsafe conditions, consistent with 49 CFR part 213. FRA will continue enforcing its track safety requirements. Also, FRA expects railroad inspectors to protect a geometry condition before it reaches the limit, if they are concerned the track may degrade further prior to the next inspection.

Second, FRA appreciates BMWED's support for RSAC and agrees that RSAC may be the appropriate forum for the agency's various stakeholders to exchange information relating to the safety of rail operations. Third, FRA will continue to oversee railroads' track safety, including by conducting field inspections and automated track inspections.

In its comments, SMART-TD urges FRA to withdraw this rulemaking, as SMART-TD expects that repealing the runoff parameter will embolden railroads to accept track conditions that place crews and the public at greater risk of injury and derailment. SMART-TD argues that the runoff parameter is unique, necessary, and irreplaceable in the rulebook. SMART-TD asserts that the runoff parameter exists for a reason—that is, to control lateral motion in track transitions: “Lateral instability increases the risk of derailment, introduces unsafe forces into locomotives and cars, and magnifies wear and tear on track components. Over time, unchecked lateral motion compounds into more rapid track degradation, creating a cycle of instability that ends in catastrophe.” ]

FRA does not agree with SMART-TD that the runoff provision is “irreplaceable,” or that repealing it will reduce safety. The runoff parameter under section 213.63(a) was meant to confront situations where track is elevated because of surfacing or bridge work, not degradation or deterioration. When trains encounter this ramp, they experience a vertical pitch or bounce if the elevation occurs in too short a distance. However, FRA's experience is that railroad maintenance practices make the limit unnecessary. FRA is confident that the existing limits for surface profile detect the same unsafe conditions. Like runoff, the profile parameter covers vertical changes in the surface uniformity of the rail, the only difference being it is measured over a 62-foot distance as opposed to runoff, which is measured at a 31-foot distance.

With that said, FRA generally agrees with SMART-TD's comments about the safety risks of track surface conditions causing undesirable in-train forces and the value of locomotive engineers and conductors reporting rough track. The existing geometry limits under profile, crosslevel, and warp cover this concern, and are not modified by this rulemaking.

III. Regulatory Impact and Notices

A. Executive Order (E.O.) 12866 (Regulatory Planning and Review) and DOT Regulatory Policies and Procedures

FRA has considered the impact of this final rule under E.O. 12866 (58 FR 51735, Oct. 4, 1993), Regulatory Planning and Review, and DOT Regulatory Policies and Procedures. 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.

FRA analyzed the potential costs and benefits of this final rule. This final rule repeals the runoff parameter in FRA's track surface requirements, and therefore, this final rule will reduce the regulatory burden on track owners by ( printed page 22735) eliminating the costs to measure and meet the runoff parameters currently set forth in 49 CFR 213.63(a). This rule will provide cost savings to regulated entities. In addition, this rule will provide some qualitative benefits to regulated entities and the U.S. government by eliminating an unnecessary requirement from part 213.

B. Executive Order 14192 (Unleashing Prosperity Through Deregulation)

E.O. 14192, Unleashing Prosperity Through Deregulation, requires that for “each new [E.O. 14192 regulatory action] issued, at least ten prior regulations be identified for elimination.” ] 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. ]

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 will have total costs less than zero, and therefore it will be considered an E.O. 14192 deregulatory action upon issuance of this final rule.

C. Regulatory Flexibility Act and Executive Order 13272

The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended by the Small Business Regulatory Fairness Act of 1996, ] requires Federal agencies to consider the effects of the regulatory action on small business and other small entities and to minimize any significant economic impact. Accordingly, DOT policy requires an analysis of the impact of all regulations on small entities and mandates that agencies strive to lessen any adverse effects on these businesses. The term small entities comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and government jurisdictions with populations of less than 50,000 (5 U.S.C. 601(6)).

No regulatory flexibility analysis is required, however, if the head of an Agency or an appropriate designee certifies that the rule will not have a significant economic impact on a substantial number of small entities. By extending this regulatory relief, many regulated entities, including small entities, will experience cost savings. Consequently, FRA certifies that this final rule will not have a significant impact on a substantial number of small entities.

D. Paperwork Reduction Act

This final rule offers regulatory flexibilities, and it does not impose any new information collection requirements or modify any existing information collection requirements. Therefore, an information collection submission to OMB is not required under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501, et seq. The existing recordkeeping and reporting requirements contained in part 213 became effective when they were approved by OMB on February 7, 2024. The OMB control number is OMB No. 2130-0010, and OMB approval expires on February 28, 2027.

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 5610.1D, FRA has determined that this rule is categorically excluded pursuant to 23 CFR 771.116(c)(15). This rulemaking is not anticipated to result 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 requires Federal agencies to prepare a Statement of Energy Effects for any “significant energy action.” ] FRA has evaluated this final rule in accordance with E.O. 13211 and determined that this final rule is not a “significant energy action” within the meaning of E.O. 13211.

I. Executive Order 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 (65 FR 67249, Nov. 6, 2000). The final rule will not have a substantial direct effect on one or more Indian tribes, will not impose substantial direct compliance costs on Indian tribal governments, and will 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 United States. 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 final rule 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 United States.

List of Subjects in 49 CFR Part 213

• Penalties
• Railroad safety
• Reporting and recordkeeping requirements

The Final Rule

For the reasons discussed in the preamble, FRA amends part 213 of chapter II, subtitle B of title 49, Code of Federal Regulations as follows:

PART 213—TRACK SAFETY STANDARDS

1. The authority citation for part 213 continues to read as follows:

Authority: 49 U.S.C. 20102-20114 and 20142; 28 U.S.C. 2461 note; and 49 CFR 1.89.

1. Revise § 213.63(a) to read as follows:

( printed page 22736) Track surface. (a) Except as provided in paragraph (b) of this section, each track owner shall maintain the surface of its track within the limits prescribed in the following table:

Track surface (inches)	Class of track
1	2
The deviation from uniform profile on either rail at the mid-ordinate of a 62-foot chord may not be more than	3
3/4	2
1/4	2
1/4
The deviation from zero crosslevel at any point on tangent or reverse crosslevel elevation on curves may not be more than	3
3/4	1
1/4	1
The difference in crosslevel between any two points less than 62 feet apart may not be more than * 1 2	3
1/4	2
3/4	1
1/2
* Where determined by engineering decision prior to June 22, 1998, due to physical restrictions on spiral length and operating practices and experience, the variation in crosslevel on spirals per 31 feet may not be more than	2
3/4	1
1/4	1
1 Except as limited by § 213.57(a), where the elevation at any point in a curve equal or exceeds 6 inches, the difference in crosslevel within 62 feet between that point and a point with greater elevation may not be more than 1

1/2
inches. |
| 2 However, to control harmonics on Class 2 through 5 jointed track with staggered joints, the crosslevel differences shall not exceed 1
1/4
inches in all of six consecutive pairs of joints, as created by seven low joints. Track with joints staggered less than 10 feet apart shall not be considered as having staggered joints. Joints within the seven low joints outside of the regular joint spacing shall not be considered as joints for purposes of this footnote. |
* * * * * Issued in Washington, DC, under authority delegated in 49 CFR 1.89.

David A. Fink,

Administrator.

Footnotes

1. https://www.regulations.gov/​comment/​FRA-2025-0116-0002.

   1. https://www.regulations.gov/​comment/​FRA-2025-0116-0003.

3.

 
See
Track Standards Working Group Update, June 27, 2022, available at https://rsac.fra.dot.gov/​meetings?​id=​61; Track Standards Working Group Update, Dec. 12, 2022, available at https://rsac.fra.dot.gov/​meetings?​id=​62; Approved Minutes from Dec. 12, 2022, RSAC Meeting, available at https://rsac.fra.dot.gov/​meetings?​id=​63.

1. 90 FR 28626 (July 1, 2025).

2. https://www.regulations.gov/​comment/​FRA-2025-0116-0003.

6.

 Executive Office of the President, Executive Order 14192 of January 31, 2025, Unleashing Prosperity Through Deregulation, 90 FR 9065-9067 (Feb. 6, 2025).

7.

 Executive Office of the President, OMB, Guidance Implementing Section 3 of E.O. 14192, Titled “Unleashing Prosperity Through Deregulation,” Memorandum M-25-20, (Mar. 26, 2025).

1. Public Law 104-121, 110 Stat. 857 (Mar. 29, 1996).

2. 66 FR 28355 (May 22, 2001).

[FR Doc. 2026-08245 Filed 4-27-26; 8:45 am]

BILLING CODE 4910-06-P

Published Document: 2026-08245 (91 FR 22733)