[Federal Register Volume 67, Number 126 (Monday, July 1, 2002)]
[Rules and Regulations]
[Pages 44091-44092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16627]


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

DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

49 CFR Part 659

[FTA 2002-11449]
RIN 2132-AA69


Rail Fixed Guideway Systems; State Safety Oversight

ACTION:  Withdrawal of direct final rule.

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

SUMMARY: The Federal Transit Administration (FTA) is withdrawing the 
direct final rule that revised the definition of ``accident'' as used 
in 49 CFR part 659 due to the receipt of adverse comments. FTA noted in 
the direct final rule published in the Federal Register on April 3, 
2002 (67 FR 15725) that the rule would be withdrawn and would not take 
effect if an adverse comment was received on or before June 3, 2002. 
The Missouri Department of Economic Development, Division of Motor 
Carrier and Railroad Safety submitted an adverse comment dated May 30, 
2002; therefore, the direct final rule will not become effective on 
July 2, 2002. FTA is reviewing 49 CFR part 659 and plans to publish a 
notice of proposed rulemaking in November 2002.

DATES: This withdrawal is effective July 1, 2002.

FOR FURTHER INFORMATION CONTACT: For questions regarding this notice, 
contact Jerry Fisher or Roy Field, Office of Safety and Security, FTA, 
telephone 202-366-2233, fax 202-366-7951. For questions on viewing or 
submitting material to the docket, contact Dorothy Beard, Chief, 
Dockets, Department of Transportation, telephone 202-366-9329.

SUPPLEMENTARY INFORMATION: On April 3, 2002, FTA published a direct 
final rule (64 FR 15725) amending 49 CFR Part 659 by removing the term 
``accident'' under this section and adding in its place the definition 
and term ``major incident'' to be effective July 2, 2002. This action 
was taken because FTA's review of the National Transit Database (NTD), 
as mandated by the Department of Transportation's FY 2000 
Appropriations Act, resulted in revisions of the Safety and Security 
Module of the NTD ``Reporting Manual for 2002''. FTA solicited input 
from NTD stakeholders, which include rail transit agencies reporting to 
State Oversight Agencies as required by the State Safety Oversight 
regulations.
    FTA believes that two accident/incident reporting definitions would 
cause confusion, generate inconsistent data, and create an additional 
burden for rail transit reporters. FTA stated in the preamble of the 
direct final rule it had solicited input from NTD stakeholders, 
including rail transit agencies reporting to State Oversight Agencies. 
However, as noted by the Missouri Department of Economic Development, 
Division of Motor Carrier and Railroad Safety, FTA did not solicit 
input from it, a state agency directly responsible for safety oversight 
of transit agencies within the state.

[[Page 44092]]

    FTA initially believed the rulemaking would not be controversial. 
Based on the adverse comment we agree that input from additional 
stakeholders is warranted. At this time, FTA will not replace the term 
``accident'' with the term ``major incident'' in 49 CFR 659.5, 659.39, 
659.41. FTA plans to publish a notice of proposed rulemaking in 
November 2002.

List of Subjects in 49 CFR Part 659

    Railroads.

    Dated: June 26, 2002.
Jennifer L. Dorn,
Administrator, Federal Transit Administration.
[FR Doc. 02-16627 Filed 6-28-02; 8:45 am]
BILLING CODE 4910-57-M