[Federal Register Volume 61, Number 28 (Friday, February 9, 1996)]
[Rules and Regulations]
[Pages 4937-4938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2715]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Parts 251 and 258
[FRA Docket No. RRR-1, Notice No. 1]
RIN 2130-AB03
Removal of Federal Railroad Regulations Pursuant to Regulatory
Reform
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: In connection with the President's Regulatory Reform
Initiative, the FRA has reviewed all of its exiting regulations. This
review identified regulations in 49 CFR Chapter II that are being
removed because they are obsolete or the authorization for them does
not currently exist. The FRA expects that this final rule will reduce
the administrative burden to government and industry, reduce government
printing costs, and provide a more concise and useful Title 49, Code of
Federal Regulations.
EFFECTIVE DATE: The rule becomes effective on March 11, 1996.
FOR FURTHER INFORMATION CONTACT: Elizabeth Sorrells, Attorney Advisor,
Office of Chief Counsel, FRA, 400 Seventh Street SW., Washington, DC
20590, (telephone: (202) 366-4782)).
SUPPLEMENTARY INFORMATION: On March 4, 1995, the President issued a
memorandum directing the heads of federal departments and agencies to
conduct a page-by-page review of all agency regulations now in force
and eliminate or revise those that are outdated or otherwise in need of
reform. FRA has conducted a page-by-page review of all of its
regulations and identified obsolete regulations for removal, as
follows:
49 CFR Part 251--Loans and Guarantees of Loans Under Rail Service
Passenger Act of 1970
This part is being removed because the authorities for it, 45
U.S.C. 602 (section 602 of the Rail Passenger Service Act of 1970) and
45 U.S.C. 621 (section 701 of the Rail Service Passenger Service Act of
1970) were initially repealed, respectively, on October 27, 1992 by
Pub. L. No. 102-533, sec. 7(c), 106 Stat. 3519 and on April 7, 1986, by
Pub. L. No. 99-272, sec. 4007(c), 100 Stat. 108, and again on July 5,
1995 by Pub. L. No. 103-272, the Codification of Certain U.S.
Department of Transportation Laws as Title 49, United States Code.
49 CFR Part 258--Regulations Governing Section 505 of the Railroad
Revitalization and Regulatory Reform Act of 1976, As Amended
This part is being removed because authorization for it has expired
and no reauthorization is anticipated.
Regulatory Impact
Executive Order 12866 and DOT Regulatory Policies
This final rule has been evaluated in accordance with existing
regulatory policies. The regulatory document is considered to be a
nonsignificant regulatory action under section 3(f) of Executive Order
12866 and does not require an assessment of costs and benefits under
section 6(a)(3) of that Order. It has not been reviewed by the Office
of Management and Budget under that Order. This rulemaking has been
reviewed under DOT Regulatory Policies and Procedures (44 FR 11034,
February 26, 1979) and found to be a nonsignificant rule.
In its regulatory analysis, FRA has determined that this rulemaking
presents no substantive issue which it could reasonably expect would
produce meaningful public comment since it is merely removing, pursuant
to Presidential directive, obsolete regulations, retention of which
could serve no useful purpose. Accordingly, pursuant to 5 U.S.C. 553
(c) and (d), the
[[Page 4938]]
Administrative Procedure Act, FRA finds good cause exists to publish
this as a final rule without opportunity for public comment, and to
make it effective on the date of publication.
Federalism
FRA has analyzed this rulemaking in accordance with the principles
and criteria contained in Executive Order 12612 and has determined that
this rule does not have sufficient implications for federalism to
warrant the preparation of a Federalism Assessment.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires a review of rules to assess their impact on small entities. In
reviewing the economic impact of the rule, FRA concluded that it will
not have any measureable impact on small entities. There are no direct
or indirect economic impacts for small units of government, businesses,
or other organizations. Therefore, it is certified that this rule will
not have a significant economic impact on a substantial number of small
entities under the provisions of the Regulatory Flexibility Act.
Paperwork Reduction Act
This rulemaking contains no reporting requirements that are subject
to OMB approval under 5 CFR part 1320, pursuant to the Paperwork
Reduction Act of 1980 (44 U.S.C. 3501 et seq.)
Environmental Assessment
This final rule meets the criteria that establish this as a non-
major action for environmental purposes.
List of Subjects
49 CFR Part 251
Loan programs--transportation, Railroads.
49 CFR Part 258
Grant programs--transportation, Railroads.
Accordingly, for the reasons set forth in the Preamble, under the
authority of 45 U.S.C. 602, 45 U.S.C. 621 and 49 U.S.C. 1651 FRA is
amending 49 CFR Ch. II by removing parts 251 and 258.
PARTS 251 AND 258--[REMOVED]
Issued in Washington, DC, on January 31, 1996.
Jolene M. Molitoris,
Administrator, Federal Railroad Administration.
[FR Doc. 96-2715 Filed 2-8-96; 8:45 am]
BILLING CODE 4910-06-M
