FRA Requires Electronic Service for Railroad Safety Proceedings

FRA is amending 49 CFR Part 209 to require electronic service of documents in railroad safety enforcement proceedings, replacing prior paper-based service options. The rule creates new subpart G procedures for civil penalty resolution under statutory authority from the Infrastructure Investment and Jobs Act, providing respondents with 60 days to respond to demand letters and access to administrative hearings. FRA declined to modify the electronic service requirement in response to comments from SMART-TD expressing concerns about IT system reliability, instead noting that personal or certified mail remain available as alternatives.

Railroad carriers and other respondents in FRA enforcement proceedings should update their internal procedures to ensure reliable receipt of electronic service, designate appropriate contacts for service, and prepare to respond to demand letters within the 60-day period specified in new Section 209.607. Class I railroads and larger respondents may continue consolidated annual settlement conference practices under the clarified framework. Parties may request extension of time for cause stated under Section 209.607(b).