Rule2022-02489
Rail Fixed Guideway Systems; State Safety Oversight; Rescission
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 7, 2022
Effective
February 7, 2022
Issuing agencies
Transportation DepartmentFederal Transit Administration
Abstract
This rulemaking rescinds an FTA regulation for State Safety Oversight requirements. The statutory basis for this regulation was rescinded by legislation in 2012.
Full Text
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<title>Federal Register, Volume 87 Issue 25 (Monday, February 7, 2022)</title>
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[Federal Register Volume 87, Number 25 (Monday, February 7, 2022)]
[Rules and Regulations]
[Pages 6783-6785]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02489]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
49 CFR Part 659
[Docket No. FTA-2022-0003]
RIN 2132-AB39
Rail Fixed Guideway Systems; State Safety Oversight; Rescission
AGENCY: Federal Transit Administration (FTA), Department of
Transportation.
ACTION: Final rule.
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SUMMARY: This rulemaking rescinds an FTA regulation for State Safety
Oversight requirements. The statutory basis for this regulation was
rescinded by legislation in 2012.
DATES: This final rule is effective on February 7, 2022.
FOR FURTHER INFORMATION CONTACT: Emily Jessup, Office of Chief Counsel,
(202) 366-8907 or <a href="/cdn-cgi/l/email-protection#3e7b5357524710745b4d4d4b4e7e5a514a10595148"><span class="__cf_email__" data-cfemail="7f3a1216130651351a0c0c0a0f3f1b100b51181009">[email protected]</span></a>. Office hours are from 9 a.m. to
5:30 p.m., ET, Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access and Filing
This document is viewable online through the Federal eRulemaking
portal at <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Retrieval help and guidelines are
available on the website. It is available 24 hours each day, 365 days a
year. An electronic copy of this document is available for download
from the Office of the Federal Register home page at: <a href="http://www.ofr.gov">http://www.ofr.gov</a> and the Government Publishing Office web page at: <a href="http://www.gpo.gov">http://www.gpo.gov</a>.
Background
Part 659 in title 49 of the Code of Federal Regulations contains
State Safety Oversight (SSO) requirements for rail fixed guideway
systems. These regulations were authorized by 49 U.S.C. 5330, State
Safety Oversight, which was repealed by Section 20030(e) of the Moving
Ahead for Progress in the 21st Century Act (MAP-21) (Pub. L. 112-141).
In 2016, FTA replaced 49 CFR part 659 with a new SSO final rule,
codified at 49 CFR part 674 (81 FR 14230). 49 CFR 674.9(b) provides
that FTA will rescind the regulations codified at Part 659 no later
than April 15, 2019.
Discussion of the Changes
This action rescinds 49 CFR part 659, State Safety Oversight (SSO)
requirements for rail fixed guideway systems, because the statutory
basis for these regulations was repealed by MAP-21. These regulations
were replaced with a new SSO final rule, codified at 49 CFR part 674.
The regulations at part 674 are intended to carry out several explicit
statutory mandates to strengthen the States' oversight of the safety of
their Rail Transit Agencies (RTAs) enacted through Section 20021 of
MAP-21 and codified at 49 U.S.C. 5329. 49 CFR 674.9(b) provides that
FTA will rescind the regulations codified at part 659 no later than
April 15, 2019, three years following the effective date of Part 674.
The three-year delayed rescission permitted RTAs to have a part 659
System Safety Program Plan in place until the Public Transportation
Agency Safety Plan (PTASP) regulation deadline (See 49 CFR 673.11(e)).
FTA delayed the rescission, in part due to the deferred enforcement of
the PTASP regulation deadline. FTA's most recent PTASP notice of
enforcement discretion expired on July 20, 2021 and all applicable RTAs
have certified their compliance with the PTASP regulation. Therefore,
it is now timely to rescind the part 659 regulations.
Good Cause for Dispensing With Notice and Comment and Delayed Effective
Date
Under the Administrative Procedure Act (APA) (5 U.S.C. 553(b)), an
agency may waive the normal notice and comment procedure if it finds,
for good cause, that it is impracticable, unnecessary, or contrary to
the public interest. Additionally, 5 U.S.C. 553(d) provides that an
agency may waive the 30-day delayed effective date upon finding of good
cause.
FTA finds good cause that notice and comment for this rule is
unnecessary due to the nature of the revisions (i.e., the rule simply
carries out the statutory repeal included in MAP-21). The statutory
language does not require regulatory interpretation to carry out its
intent, and comments cannot alter the regulation given that the statute
abrogated its purpose. Further, the delayed effective date is
unnecessary because the removal of these safety regulations was already
made effective by MAP-21 and the publication of new safety regulations
at 49 CFR part 674. Accordingly, FTA finds good cause under 5 U.S.C.
553(b)(3)(B) and (d)(3) to waive notice and opportunity for comment and
the delayed effective date.
Rulemaking Analyses and Notices
Executive Order 12866 (Regulatory Planning and Review), Executive Order
13563 (Improving Regulation and Regulatory Review), and Department of
Transportation (DOT) Regulatory Policies and Procedures
FTA has determined that this rulemaking is not a significant
regulatory action within the meaning of Executive Order 12866, and
within the meaning of DOT regulatory policies and procedures. This
action complies with Executive Orders 12866 and 13563 to improve
regulation.
[[Page 6784]]
Regulatory Flexibility Act
Because FTA finds good cause under 5 U.S.C. 553(b)(3)(B) to waive
notice and opportunity for comment for this rule, the provisions of the
Regulatory Flexibility Act (Pub. L. 96-354, 5 U.S.C. 601-612) do not
apply. FTA evaluated the effects of this action on small entities and
determined the action would not have a significant economic impact on a
substantial number of small entities. FTA hereby certifies that this
rule will not have a significant economic impact on a substantial
number of small entities.
Unfunded Mandates Reform Act of 1995
FTA has determined that this rule does not impose unfunded
mandates, as defined by the Unfunded Mandates Reform Act of 1995 (Pub.
L. 104-4, March 22, 1995, 109 Stat. 48). This rule does not include a
Federal mandate that may result in expenditures of $155.1 million or
more in any 1 year (when adjusted for inflation) in 2012 dollars for
either State, local, and tribal governments in the aggregate, or by the
private sector. Additionally, the definition of ``Federal mandate'' in
the Unfunded Mandates Reform Act excludes financial assistance of the
type in which State, local, or tribal governments have authority to
adjust their participation in the program in accordance with changes
made in the program by the Federal Government. The Federal Transit Act
permits this type of flexibility.
Executive Order 13132 (Federalism Assessment)
Executive Order 13132 requires agencies to assure meaningful and
timely input by State and local officials in the development of
regulatory policies that may have a substantial direct 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. This action has been analyzed in
accordance with the principles and criteria contained in Executive
Order 13132 dated August 4, 1999, and FTA determined this action will
not have a substantial direct effect or sufficient federalism
implications on the States. FTA also determined this action will not
preempt any State law or regulation or affect the States' ability to
discharge traditional State governmental functions.
Executive Order 12372 (Intergovernmental Review)
The regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities apply
to this program.
Paperwork Reduction Act
Federal agencies must obtain approval from the Office of Management
and Budget (OMB) for each collection of information they conduct,
sponsor, or require through regulations. FTA has analyzed this rule
under the Paperwork Reduction Act and believes that it does not impose
additional information collection requirements for the purposes of the
Act above and beyond existing information collection clearances from
OMB.
National Environmental Policy Act
Federal agencies are required to adopt implementing procedures for
the National Environmental Policy Act (NEPA) that establish specific
criteria for, and identification of, three classes of actions: (1)
Those that normally require preparation of an Environmental Impact
Statement, (2) those that normally require preparation of an
Environmental Assessment, and (3) those that are categorically excluded
from further NEPA review (40 CFR 1507.3(b)). This rule qualifies for
categorical exclusions under 23 CFR 771.118(c)(4) (planning and
administrative activities that do not involve or lead directly to
construction). FTA has evaluated whether the rule will involve unusual
or extraordinary circumstances and has determined that it will not.
Executive Order 12630 (Taking of Private Property)
FTA has analyzed this rule under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights. FTA does not believe this rule affects a taking of
private property or otherwise has taking implications under Executive
Order 12630.
Executive Order 12988 (Civil Justice Reform)
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Executive Order 13045 (Protection of Children)
FTA has analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. FTA
certifies that this action will not cause an environmental risk to
health or safety that might disproportionately affect children.
Executive Order 13175 (Tribal Consultation)
FTA has analyzed this rule under Executive Order 13175, dated
November 6, 2000, and believes that it will not have substantial direct
effects on one or more Indian tribes; will not impose substantial
direct compliance costs on Indian tribal governments; and will not
preempt tribal laws. Therefore, a tribal summary impact statement is
not required.
Executive Order 13211 (Energy Effects)
FTA has analyzed this action under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. FTA has determined that this action is not a
significant energy action under that order and is not likely to have a
significant adverse effect on the supply, distribution, or use of
energy. Therefore, a Statement of Energy Effects is not required.
Executive Order 12898 (Environmental Justice)
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations) and DOT
Order 5610.2(a) (77 FR 27534, May 10, 2012) (available online at <a href="http://www.fhwa.dot.gov/environment/environmental_justice/ej_at_dot/order_56102a/index.cf">http://www.fhwa.dot.gov/environment/environmental_justice/ej_at_dot/order_56102a/index.cf</a>) require DOT agencies to achieve Environmental
Justice (EJ) as part of their mission by identifying and addressing, as
appropriate, disproportionately high and adverse human health or
environmental effects, including interrelated social and economic
effects, of their programs, policies, and activities on minority and
low-income populations. All DOT agencies must address compliance with
Executive Order 12898 and the DOT Order in all rulemaking activities.
On August 15, 2012, FTA's Circular 4703.1 became effective, which
contains guidance for recipients of FTA financial assistance to
incorporate EJ principles into plans, projects, and activities
(available online at <a href="http://www.fta.dot.gov/documents/FTA_EJ_Circular_7.14-12_FINAL.pdf">http://www.fta.dot.gov/documents/FTA_EJ_Circular_7.14-12_FINAL.pdf</a>).
FTA has evaluated this action under the Executive Order, the DOT
Order, and the FTA Circular and FTA has determined that this action
will not cause disproportionately high and adverse human health and
environmental effects on minority or low-income populations.
[[Page 6785]]
Regulation Identifier Number
A Regulation Identifier Number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document can be used to cross-reference this rule with the
Unified Agenda.
List of Subjects in 49 CFR Part 659
Grant programs--Transportation, Mass transportation, Reporting and
recordkeeping requirements, Safety, Security, Transportation.
Nuria I. Fernandez,
Administrator.
PART 659--[REMOVED AND RESERVED]
In consideration of the foregoing, and under the authority of 49
U.S.C. 5329, Public Law 112-141, and 49 CFR 1.91, FTA amends 49 CFR
chapter VI by removing and reserving part 659.
[FR Doc. 2022-02489 Filed 2-4-22; 8:45 am]
BILLING CODE P
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</html>Indexed from Federal Register on February 7, 2022.
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