[Federal Register Volume 66, Number 28 (Friday, February 9, 2001)]
[Rules and Regulations]
[Pages 9676-9677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3211]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 213

[Docket No. RST-90-1, Notice No. 13]
RIN 2130-AB32


Track Safety Standards; Delay of Effective Date

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation, (DOT).

ACTION: Final rule and corrections; delay of effective date.

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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, 66 FR 7702, this action temporarily delays for 60 
days the effective date of the rule entitled Track Safety Standards, 
published in the Federal Register on January 10, 2001, 66 FR 1894. That 
rule concerns an amendment to the Track Safety Standards which provides 
procedures for track owners to use Gage Restraint Measuring Systems 
(GRMS) to assess the ability of their track to maintain proper gage.
    Likewise, this action temporarily delays for 60 days the effective 
date of the document entitled Track Safety Standards; Correction, 
published in the Federal Register on January 31, 2001, 66 FR 8372. This 
document corrects inadvertent errors contained in the above rule.

DATES: The effective date of the final rule amending 49 CFR part 213 
published in the Federal Register on January 10, 2001, at 66 FR 1894, 
is delayed for 60 days, from April 10, 2001, until June 9, 2001. The 
effective date of the Corrections to the final rule amending 49 CFR 
part 213 published in the Federal Register on January 31, 2001, at 66 
FR 8372 is delayed for 60 days, from April 10, 2001, until June 9, 
2001.

FOR FURTHER INFORMATION CONTACT: Nancy Lummen Lewis, Office of Chief

[[Page 9677]]

Counsel, Federal Railroad Administration, 1120 Vermont Avenue, NW., 
Mail Stop 10, Washington, DC 20590 (telephone: 202-493-6047).

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, FRA's implementation of this action without opportunity 
for public comment, effective immediately upon publication today in the 
Federal Register, 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 delay in effective date is necessary to give 
Department officials the opportunity for further 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 delay 
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 immediately upon publication.

    Issued in Washington, DC on January 31, 2001.
Ray Rogers,
Acting Deputy Administrator.
[FR Doc. 01-3211 Filed 2-8-01; 8:45 am]
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