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Updating the Definition of Person

---
identifier: "/us/fr/2025-12190"
source: "fr"
legal_status: "authoritative_unofficial"
title: "Updating the Definition of Person"
title_number: 0
title_name: "Federal Register"
section_number: "2025-12190"
section_name: "Updating the Definition of Person"
positive_law: false
currency: "2025-07-01"
last_updated: "2025-07-01"
format_version: "1.1.0"
generator: "[email protected]"
agency: "Transportation Department"
document_number: "2025-12190"
document_type: "rule"
publication_date: "2025-07-01"
agencies:
  - "Transportation Department"
  - "Federal Railroad Administration"
cfr_references:
  - "49 CFR Part 209"
  - "49 CFR Part 217"
  - "49 CFR Part 219"
  - "49 CFR Part 223"
  - "49 CFR Part 224"
  - "49 CFR Part 225"
  - "49 CFR Part 227"
  - "49 CFR Part 230"
  - "49 CFR Part 238"
  - "49 CFR Part 239"
  - "49 CFR Part 240"
  - "49 CFR Part 241"
  - "49 CFR Part 242"
  - "49 CFR Part 243"
  - "49 CFR Part 244"
  - "49 CFR Part 245"
  - "49 CFR Part 246"
rin: "2130-AD56"
fr_citation: "90 FR 28123"
fr_volume: 90
docket_ids:
  - "Docket No. FRA-2025-0115"
effective_date: "2025-07-31"
fr_action: "Final rule."
---

#  Definitions.

**AGENCY:**

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

**ACTION:**

Final rule.

**SUMMARY:**

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.

**DATES:**

This rule is effective July 31, 2025.

**FOR FURTHER INFORMATION CONTACT:**

Elliott Gillooly, Attorney Adviser, Office of the Chief Counsel, Federal Railroad Administration, at telephone: (202) 897-8666 or email: *[email protected].*

**SUPPLEMENTARY INFORMATION:**

**I. Background**

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.

**II. Final Rule**

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.

**II. Section-by-Section Analysis**

**Part 209—Railroad Safety Enforcement Procedures**

**Section 209.3 Definitions**

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.

**Part 217—Railroad Operating Rules**

**Section 217.5 Penalty**

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 *www.fra.dot.gov* to *https://railroads.dot.gov/.*

**Part 219—Control of Alcohol and Drug Use**

**Section 219.5 Definitions**

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.

**Part 223—Safety Glazing Standards—Locomotives, Passenger Cars and Cabooses**

**Section 223.5 Definitions**

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.

**Part 224—Reflectorization of Rail Freight Rolling Stock**

**Section 224.5 Definitions**

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.

**Part 225—Railroad Accidents/Incidents: Reports Classification and Investigations**

**Section 225.5 Definitions**

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.

**Part 227—Occupational Safety and Health in the Locomotive Cab**

**Section 227.5 Definitions**

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.

**Part 230—Steam Locomotive Inspection and Maintenance Standards**

**Section 230.8 Definitions**

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.

**Part 238—Passenger Equipment Safety Standards**

**Section 238.5 Definitions**

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.

**Part 239—Passenger Train Emergency Preparedness**

**Section 239.7 Definitions**

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.

**Part 240—Qualification and Certification of Locomotive Engineers**

**Section 240.7 Definitions**

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.

**Part 241—United States Locational Requirement for Dispatching of United States Rail Operations**

**Section 241.5 Definitions**

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.

**Part 242—Qualification and Certification of Conductors**

**Section 242.7 Definitions**

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.

**Part 243—Training, Qualification, and Oversight for Safety-Related Railroad Employees**

**Section 243.5 Definitions**

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.

**Part 244—Regulations on Safety Integration Plans Governing Railroad Consolidations, Mergers, and Acquisitions of Control**

**Section 244.9 Definitions**

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.

**Part 245—Qualification and Certification of Dispatchers**

**Section 245.7 Definitions**

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.

**Part 246—Certification of Signal Employees**

**Section 246.7 Definitions**

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.

**III. Regulatory Impact and Notices**

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

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.

**B. E.O. 14192 (Unleashing Prosperity Through Deregulation)**

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.” [^1] Implementation guidance for E.O. 14192 issued by OMB (Memorandum M-25-20, Mar. 26, 2025) defines two different types of E.O. 14192 actions: an E.O. 14192 deregulatory action, and an E.O. 14192 regulatory action. [^2]

[^1] Executive Office of the President. *Executive Order 14192 of January 31, 2025. Unleashing Prosperity Through Deregulation.* 90 FR 9065-9067 (Feb. 6, 2025).

[^2] Executive Office of the President. Office of Management and Budget. Guidance Implementing Section 3 of Executive Order 14192, Titled “Unleashing Prosperity Through Deregulation.” Memorandum M-25-20. Mar. 26, 2025.

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 is expected to have total costs less than zero, and therefore it would be considered an E.O. 14192 deregulatory action.

**C. Regulatory Flexibility Act and E.O. 13272**

The Regulatory Flexibility Act of 1980 ((RFA), 5 U.S.C. 601 *et seq.* ) and E.O. 13272 (67 FR 53461, Aug. 16, 2002) require an agency to prepare and make available to the public a regulatory flexibility analysis that describes the effect of the rule on small entities ( *i.e.,* small businesses, small organizations, and small governmental jurisdictions). A regulatory flexibility analysis is not required when a rule is exempt from notice and comment rulemaking. FRA has determined that this rule is exempt from notice and comment rulemaking. Therefore, a regulatory flexibility analysis is not required for this rule.

**D. Paperwork Reduction Act**

This final rule contains no new information collection requirements in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). Therefore, no information collection submission to OMB or approval is required.

**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 5610.1C, FRA has determined that this rule is categorically excluded pursuant to 23 CFR 771.118(c)(4), “[p]lanning and administrative activities that do not involve or lead directly to construction, such as: [p]romulgation of rules, regulations, and directives.” 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 would 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, Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use 66 FR 28355 (May 22, 2001), requires Federal agencies to prepare a Statement of Energy Effects for any “significant energy action.” FRA has evaluated this rule in accordance with E.O. 13211 and determined that this rule is not a “significant energy action” within the meaning of E.O. 13211.

**I. E.O. 13175 (Tribal Consultation)**

FRA has evaluated this rule in accordance with the principles and criteria contained in E.O. 13175, Consultation and Coordination with Indian Tribal Governments (Nov. 6, 2000). The rule would not have a substantial direct effect on one or more Indian tribes, would not impose substantial direct compliance costs on Indian tribal governments, and would 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 [^3] 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 rulemaking 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 U.S.

[^3] 19 U.S.C. ch. 13.

**List of Subjects**

Administrative practice and procedure, Hazardous materials transportation, Penalties, Railroad safety, Reporting and recordkeeping requirements.

Penalties, Railroad safety, and Reporting and recordkeeping requirements.

Alcohol abuse, Drug abuse, Drug testing, Penalties, Railroad safety, Reporting and recordkeeping requirements, Safety, Transportation.

Administrative practice and procedure, Penalties, Railroad safety, Reporting and recordkeeping requirements.

Glazing standards, Penalties, Railroad safety, Reporting and recordkeeping requirements.

Investigations, Penalties, Railroad safety, Reporting and recordkeeping requirements.

Noise control, Occupational safety and health, Penalties, Railroad safety, Reporting and recordkeeping requirements.

Fire prevention, Passenger equipment, Penalties, Railroad safety, Reporting and recordkeeping requirements.

Communications, Penalties, Railroad safety, Reporting and recordkeeping requirements.

Administrative practice and procedure, Dispatcher, Penalties, Railroad employees, Railroad operating procedures, Railroad safety, Reporting and recordkeeping requirements.

Administrative practice and procedure, Signal employee, Penalties, Railroad employees, Railroad safety, Reporting and recordkeeping requirements.

**The Final Rule**

For the reasons discussed in the preamble, FRA amends parts 209, 217, 219, 223, 224, 225, 227, 230, 238, 239, 240, 241, 242, 243, 244, 245, and 246 of chapter II, subtitle B of title 49, Code of Federal Regulations as follows:

**PART 209—RAILROAD SAFETY ENFORCEMENT PROCEDURES**

**49 CFR Part 209**

1. The authority citation for part 209 continues to read as follows:

**Authority:**

49 U.S.C. 5123, 5124, 20103, 20107, 20111, 20112, 20114; 28 U.S.C. 2461 note; and 49 CFR 1.89.

**49 CFR Part 209**

2. In § 209.3, revise the definition of “Person” to read as follows:

§ 209.3

*Person* generally includes all categories of entities covered under 49 U.S.C. 21301, including but not limited to the following: a railroad; any manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any independent contractor providing goods or services to a railroad; and any employee of such owner, manufacturer, lessor, lessee, or independent contractor; however, *person,* when used to describe an entity that FRA alleges to have committed a violation of the provisions of law formerly contained in the Hazardous Materials Transportation Act or contained in the Hazardous Materials Regulations, has the same meaning as in 49 U.S.C. 5102(9) (formerly codified at 49 App. U.S.C. 1802(11)), *i.e.,* an individual, firm, copartnership, corporation, company, association, joint-stock association, including any trustee, receiver, assignee, or similar representative thereof, or government, Indian tribe, or authority of a government or tribe when offering hazardous material for transportation in commerce or transporting hazardous material to further a commercial enterprise, but such term does not include the United States Postal Service or, for the purposes of 49 U.S.C. 5123-5124 (formerly contained in sections 110 and 111 of the Hazardous Materials Transportation Act and formerly codified at 49 App. U.S.C. 1809-1810), a department, agency, or instrumentality of the Federal Government.

**PART 217—RAILROAD OPERATING RULES**

**49 CFR Part 217**

3. The authority citation for part 217 continues to read as follows:

**Authority:**

49 U.S.C. 20103, 20107, 20168, 28 U.S.C. 2461, note; and 49 CFR 1.89.

**49 CFR Part 217**

4. Revise § 217.5 to read as follows:

§ 217.5

(a) Any person (an entity of any type covered under 49 U.S.C. 21301, including but not limited to the following: a railroad; a manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any independent contractor providing goods or services to a railroad; and any employee of such owner, manufacturer, lessor, lessee, or independent contractor) who violates any requirement of this part or causes the violation of any such requirement is subject to a civil penalty of at least the  minimum civil monetary penalty and not more than the ordinary maximum civil monetary penalty per violation, except that: Penalties may be assessed against individuals only for willful violations, and, a penalty not to exceed the aggravated maximum civil monetary penalty per violation may be assessed, where:

(1) A grossly negligent violation, or a pattern of repeated violations, has created an imminent hazard of death or injury to persons; or

(2) A death or injury has occurred. See 49 CFR part 209, appendix A.

(b) Each day a violation continues shall constitute a separate offense. See FRA's website at *https://railroads.dot.gov/* for a statement of agency civil penalty policy.

**PART 219—CONTROL OF ALCOHOL AND DRUG USE**

**49 CFR Part 219**

5. The authority citation for part 219 continues to read as follows:

**Authority:**

49 U.S.C. 20103, 20107, 20140, 21301, 21304, 21311; 28 U.S.C. 2461 note; Div. A, Sec. 412, Pub. L. 110-432, 122 Stat. 4889 (49 U.S.C. 20140 note); Sec. 8102, Pub. L. 115-271, 132 Stat. 3894; and 49 CFR 1.89.

**49 CFR Part 219**

6. In § 219.5, revise the definition of “Person” to read as follows:

§ 219.5

*Person* means an entity of any type covered under 49 U.S.C. 21301, including but not limited to the following: A railroad; a manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any independent contractor providing goods or services to a railroad, such as a service agent performing functions under part 40 of this title; and any employee of such owner, manufacturer, lessor, lessee, or independent contractor.

**PART 223—SAFETY GLAZING STANDARDS—LOCOMOTIVES, PASSENGER CARS AND CABOOSES**

**49 CFR Part 223**

7. The authority citation for part 223 continues to read as follows:

**Authority:**

49 U.S.C. 20102-20103, 20133, 20701-20702, 21301-21302, 21304; 28 U.S.C. 2461 note; and 49 CFR 1.89.

**49 CFR Part 223**

8. In § 223.5, revise the definition of “Person” to read as follows:

§ 223.5

*Person* includes all categories of entities covered under 49 U.S.C. 21301, including, but not limited to, a railroad; any manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any passenger, any trespasser or nontrespasser; any independent contractor providing goods or services to a railroad; and any employee of such owner, manufacturer, lessor, lessee, or independent contractor.

**PART 224—REFLECTORIZATION OF RAIL FREIGHT ROLLING STOCK**

**49 CFR Part 224**

9. The authority citation for part 224 continues to read as follows:

**Authority:**

49 U.S.C. 20103, 20107, 20148 and 21301; 28 U.S.C. 2461 note; and 49 CFR 1.89.

**49 CFR Part 224**

10. In § 224.5, revise the definition of “Person” to read as follows:

§ 224.5

*Person* means an entity of any type covered under 49 U.S.C. 21301, including but not limited to the following: A railroad; a manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track or facilities; any independent contractor providing goods or services to a railroad; and any employee of such an owner, manufacturer, lessor, lessee, or independent contractor.

**PART 225—RAILROAD ACCIDENTS/INCIDENTS: REPORTS CLASSIFICATION, AND INVESTIGATIONS**

**49 CFR Part 225**

11. The authority citation for part 225 continues to read as follows:

**Authority:**

49 U.S.C. 103, 322(a), 20103, 20107, 20901-20902, 21301, 21302, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89.

**49 CFR Part 225**

12. In § 225.5, revise the definition of “Person” to read as follows:

§ 225.5

*Person* includes all categories of entities covered under 49 U.S.C. 21301, including, but not limited to, a railroad; any manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any passenger; any trespasser or nontrespasser; any independent contractor providing goods or services to a railroad; any volunteer providing goods or services to a railroad; and any employee of such owner, manufacturer, lessor, lessee, or independent contractor.

**PART 227—OCCUPATIONAL SAFETY AND HEALTH IN THE LOCOMOTIVE CAB**

**49 CFR Part 227**

13. The authority citation for part 227 continues to read as follows:

**Authority:**

49 U.S.C. 20103, 20103 note, 20166, 20701-20703, 21301, 21302, 21304; 28 U.S.C. 2461 note; and 49 CFR 1.89.

**49 CFR Part 227**

14. In § 227.5, revise the definition of “Person” to read as follows:

§ 227.5

*Person* means an entity of any type covered under 49 U.S.C. 21301, including but not limited to the following: a railroad; a manager, supervisor, official, or other employee or agent of a railroad; an owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; an independent contractor providing goods or services to a railroad; and any employee of such owner, manufacturer, lessor, lessee, or independent contractor.

**PART 230—STEAM LOCOMOTIVE INSPECTION AND MAINTENANCE STANDARDS**

**49 CFR Part 230**

15. The authority citation for part 230 continues to read as follows:

**Authority:**

49 U.S.C. 20103, 20107, 20702; 28 U.S.C. 2461 note; and 49 CFR 1.89.

**49 CFR Part 230**

16. In § 230.8, revise the definition of “Person” to read as follows:

§ 230.8

*Person.* An entity of any type covered under 49 U.S.C. 21301, including but not limited to the following: a railroad; a manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any independent contractor providing goods or services to a railroad; and any employee of such owner, manufacturer, lessor, lessee, or independent contractor.

**PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS**

**49 CFR Part 238**

17. The authority citation for part 238 continues to read as follows:

**Authority:**

49 U.S.C. 20103, 20107, 20133, 20141, 20302-20303, 20306, 20701-20702,  21301-21302, 21304; 28 U.S.C. 2461 note; and 49 CFR 1.89.

**49 CFR Part 238**

18. In § 238.5, revise the definition of “Person” to read as follows:

§ 238.5

*Person* means an entity of any type covered under 49 U.S.C. 21301, including but not limited to the following: a railroad; a manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any independent contractor providing goods or services to a railroad; and any employee of such owner, manufacturer, lessor, lessee, or independent contractor.

**PART 239—PASSENGER TRAIN EMERGENCY PREPAREDNESS**

**49 CFR Part 239**

19. The authority citation for part 239 continues to read as follows:

**Authority:**

49 U.S.C. 20102-20103, 20105-20114, 20133, 21301, 21304, and 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89.

**49 CFR Part 239**

20. In § 239.7, revise the definition of “Person” to read as follows:

§ 239.7

*Person* includes all categories of entities covered under 49 U.S.C. 21301, including, but not limited to, a railroad; any manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any passenger; any trespasser or nontrespasser; any independent contractor providing goods or services to a railroad; any volunteer providing goods or services to a railroad; and any employee of such owner, manufacturer, lessor, lessee, or independent contractor.

**PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS**

**49 CFR Part 240**

21. The authority citation for part 240 continues to read as follows:

**Authority:**

49 U.S.C. 20103, 20107, 20135, 21301, 21304, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89.

**49 CFR Part 240**

22. In § 240.7, revise the definition of “Person” to read as follows:

§ 240.7

*Person* means an entity of any type covered under 49 U.S.C. 21301, including but not limited to the following: a railroad; a manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any independent contractor providing goods or services to a railroad; and any employee of such owner, manufacturer, lessor, lessee, or independent contractor.

**PART 241—UNITED STATES LOCATIONAL REQUIREMENT FOR DISPATCHING OF UNITED STATES RAIL OPERATIONS**

**49 CFR Part 241**

23. The authority citation for part 241 continues to read as follows:

**Authority:**

49 U.S.C. 20103, 20107, 21301, 21304, 21311; 28 U.S.C. 2461 note; 49 CFR 1.89.

**49 CFR Part 241**

24. In § 241.5, revise the definition of “Person” to read as follows:

§ 241.5

*Person* means an entity of a type covered under 49 U.S.C. 21301, including but not limited to the following: a railroad; a manager, supervisor, official, or other employee or agent of a railroad; an owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; an independent contractor providing goods or services to a railroad; and an employee of such owner, manufacturer, lessor, lessee, or independent contractor.

**PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS**

**49 CFR Part 242**

25. The authority citation for part 242 continues to read as follows:

**Authority:**

49 U.S.C. 20103, 20107, 20135, 20138, 20162, 20163, 21301, 21304, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89.

**49 CFR Part 242**

26. In § 242.7, revise the definition of “Person” to read as follows:

§ 242.7

*Person* means an entity of any type covered under 49 U.S.C. 21301, including but not limited to the following: A railroad; a manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any independent contractor providing goods or services to a railroad; and any employee of such owner, manufacturer, lessor, lessee, or independent contractor.

**PART 243—TRAINING, QUALIFICATION, AND OVERSIGHT FOR SAFETY-RELATED RAILROAD EMPLOYEES**

**49 CFR Part 243**

27. The authority citation for part 243 continues to read as follows:

**Authority:**

49 U.S.C. 20103, 20107, 20131-20155, 20162, 20301-20306, 20701-20702, 21301-21304, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89.

**49 CFR Part 243**

28. In § 243.5, revise the definition of “Person” to read as follows:

§ 243.5

*Person* means an entity of any type covered under 49 U.S.C. 21301, including, but not limited to, the following: A railroad; a manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any independent contractor providing goods or services to a railroad; and any employee of such owner, manufacturer, lessor, lessee, or independent contractor.

**PART 244—REGULATIONS ON SAFETY INTEGRATION PLANS GOVERNING RAILROAD CONSOLIDATIONS, MERGERS, AND ACQUISITIONS OF CONTROL**

**49 CFR Part 244**

29. The authority citation for part 244 continues to read as follows:

**Authority:**

49 U.S.C. 20103, 20107, 21301; 5 U.S.C. 553 and 559; 28 U.S.C. 2461 note; and 49 CFR 1.89.

**49 CFR Part 244**

30. In § 244.9, revise the definition of “Person” to read as follows:

§ 244.9

*Person* means an entity of any type covered under 49 U.S.C. 21301, including the following: A railroad; a manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any independent contractor providing goods or services to a railroad; and any employee of such owner, manufacturer, lessor, lessee, or independent contractor.

**PART 245—QUALIFICATION AND CERTIFICATION OF DISPATCHERS**

**49 CFR Part 245**

31. The authority citation for part 245 continues to read as follows:

**Authority:**

49 U.S.C. 20103, 20107, 20162, 21301, 21304, 21311; 28 U.S.C. 2461 note; 49 CFR 1.89; and Pub. L. 110-432, sec. 402, 122 Stat. 4884.

**49 CFR Part 245**

32. In § 245.7, revise the definition of “Person” to read as follows:

§ 245.7

*Person* means an entity of any type covered under 49 U.S.C. 21301, including but not limited to the following: a railroad; a manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any independent contractor providing goods or services to a railroad; and any employee of such owner, manufacturer, lessor, lessee, or independent contractor.

**PART 246—CERTIFICATION OF SIGNAL EMPLOYEES**

**49 CFR Part 246**

33. The authority citation for part 246 continues to read as follows:

**Authority:**

49 U.S.C. 20103, 20107, 20162, 21301, 21304, 21311; 28 U.S.C. 2461 note; 49 CFR 1.89; and Pub. L. 110-432, sec. 402, 122 Stat. 4884.

**49 CFR Part 246**

34. In § 246.7, revise the definition of “Person” to read as follows:

§ 246.7

*Person* means an entity of any type covered under 49 U.S.C. 21301, including but not limited to the following: a railroad; a manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any independent contractor or subcontractor providing goods or services to a railroad; and any employee of such owner, manufacturer, lessor, lessee, or independent contractor or subcontractor.

Issued in Washington, DC.

Kyle D. Fields,

Chief Counsel.