[Federal Register Volume 66, Number 28 (Friday, February 9, 2001)]
[Rules and Regulations]
[Pages 9677-9678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3207]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

49 CFR Part 611

RIN 2132-AA63


Major Capital Investment Projects; Partial Stay

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Final rule; partial stay of effectiveness.

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SUMMARY: In accordance with the memorandum of January 20, 2001, from 
the Assistant to the President and Chief of Staff, entitled 
``Regulatory Review Plan,'' published in the Federal Register on 
January 24, 2001, this action temporarily stays 49 CFR part 611, Major 
Capital Investment Projects, which was published in the Federal 
Register on December 7, 2000, at 65 FR 76864, with an effective date of 
February 5, 2001. That rule describes the procedures that FTA will use 
in the New Starts project evaluation and rating process. This temporary 
stay will allow the Department an opportunity for further consideration 
of this rule.

DATES: Effective February 5, 2001, 49 CFR part 611 is stayed until 
April 6, 2001, except for paragraphs (a)(1)(i)-(ii) and (d) of Appendix 
A to Part 611, which will become effective September 1, 2001.

FOR FURTHER INFORMATION CONTACT: For program issues, John Day, Office 
of Policy Development, FTA, (202) 366-4060. For legal issues, Scott A. 
Biehl, Assistant Chief Counsel, FTA, (202) 366-4063.

SUPPLEMENTARY INFORMATION: To the extent that 5 U.S.C. section 553 
applies to this action, it is exempt from notice and comment because it 
constitutes a rule of procedure under 5 U.S.C. section 553(b)(A). 
Alternatively, FTA's implementation of this action without opportunity 
for public comment, effective February 5, 2001, is based on the good 
cause exceptions in 5 U.S.C. section 553(b)(B) and 553(d)(3). Seeking 
public comment is impracticable, unnecessary and contrary to the public 
interest. The temporary 60-day stay of the rule is necessary to give 
Department officials the opportunity for further

[[Page 9678]]

review and consideration of new regulations, consistent with the 
Assistant to the President's memorandum of January 20, 2001. Given the 
imminence of the effective date, seeking prior public comment on this 
temporary stay would have been impractical, as well as contrary to the 
public interest in the orderly promulgation and implementation of 
regulations. The imminence of the effective date is also good cause for 
making this action effective February 5, 2001.

    Issued on: January 31, 2001.
Hiram J. Walker,
Acting Deputy Administrator.
[FR Doc. 01-3207 Filed 2-6-01; 5:05 pm]
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