[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Rules and Regulations]
[Pages 26124-26125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13047]



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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

49 CFR Part 212

[FRA Docket No. RSSP-3, Notice No. 5]
RIN AB08


State Safety Participation Regulations; Federal 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 existing regulations. This 
review identified a portion of the regulation governing state 
participation in the Federal Rail Safety Program that can be removed. 
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 June 24, 1996.

FOR FURTHER INFORMATION CONTACT: Cynthia Walters, Trial Attorney, 
Office of Chief Counsel, FRA, 400 Seventh Street, S.W., Washington, 
D.C. 20590, (202) 366-0621 or Mike Calhoun, Transportation Safety 
Program Specialist, Region 5 Hurst Regional Office, FRA, 8701 Bedford-
Euless Rd. Suite 425, Hurst, TX 76053, (817) 284-8142.

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and eliminate or revise those that are outdated or otherwise in need of 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 the following portion of FRA's state 
participation regulation, 49 CFR Part 212, Subpart D--Grants in Aid, 
and corresponding appendices for removal:
    FRA's Grants-in-Aid Program, 49 CFR Part 212, Subpart D, was 
established as part of the State Participation program by the Federal 
Railroad Safety Act of 1970. The State Participation Program allows 
states to conduct investigative and surveillance activities to enforce 
federal railroad safety regulations in conjunction with federal 
inspection efforts. The Grants in Aid program was intended to provide a 
transition to a uniform pattern of rail safety regulation and to 
provide a continuing state role in rail safety regulation. As 
originally conceived, the program allowed participating states to 
obtain federal reimbursement of up to 50 percent of a state's allowable 
cost.
    Once the goal of uniform rail safety regulation was realized, 
Congress elected to eliminate funding. Specifically, FRA's federal 
funding share of the program declined from the maximum of 50 percent in 
fiscal year 1985 to 39 percent in fiscal year 1986, 24 percent in 
fiscal year 1987, and 16 percent in fiscal year 1988, due to dwindling 
federal resources. There has been no federal funding available for the 
Grants-in-Aid program, since fiscal year 1989. Despite the lack of 
federal funds for the program, the State Participation has actually 
grown. In 1989, there were 110 participating state inspectors and 
currently there are 137 state inspectors participating in the program. 
In general, states have continued to participate as active partners in 
the program.
    Appendices A, B, and C are being removed, as well, because they 
were previously used to determine the levels of inspection effort and 
reimbursement for Track Safety Standards, Freight Car Safety Standards, 
and Operating Practices respectively.

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 Administrative Procedure Act, FRA finds good cause exists 
to publish this as a final rule without opportunity for public comment.

Federalism

    FRA has analyzed this rulemaking in accordance with the principles 
and

[[Page 26125]]

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 measurable 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 in 49 CFR Part 212

    Railroad safety, State participation--Grants in aid and 
corresponding appendices.

    Accordingly, for the reasons set forth above, and under the 
authority of 49 U.S.C. 20103, 20105, 20106, and 20113 (formerly secs. 
202, 205, 206, and 208, of the Federal Railroad Safety Act of 1970, and 
amended (45 U.S.C. 431, 434, 435, and 436); and 49 CFR 1.49, FRA is 
taking the following action:

PART 212--[AMENDED]

    Part 212, is amended by deleting Sec. 212.301 Grant authority; 
Sec. 212.303 Annual funding process; Sec. 212.305 Reports; Sec. 212.307 
Maximum reimbursement levels; and Appendices A, B, and C in their 
entirety.

    Issued in Washington, D.C. on May 16, 1996.
Jolene M. Molitoris,
Administrator, Federal Railroad Administration.
[FR Doc. 96-13047 Filed 5-23-96; 8:45 am]
BILLING CODE 4910-06-P