[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]



=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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and eliminate or revise those that are outdated or otherwise in need of 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1970) were initially repealed, respectively, on October 27, 1992 by 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