[Federal Register Volume 74, Number 59 (Monday, March 30, 2009)]
[Proposed Rules]
[Page 14104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6940]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 260

[Docket No. FRA-2008-0061, Notice No. 2]
RIN 2130-AB91


Railroad Rehabilitation and Improvement Financing Program

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

ACTION: Notice of proposed rulemaking (NPRM); withdrawal.

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SUMMARY: On June 9, 2008, FRA published an NPRM in the Federal Register 
proposing to amend the eligibility and application form and content 
criteria of the Railroad Rehabilitation and Improvement Finance (RRIF) 
Program. For the reasons stated below, FRA has decided to withdraw the 
NPRM.

DATES: The NPRM published on June 9, 2008 at 73 FR 32515 is withdrawn 
as of March 30, 2009.

FOR FURTHER INFORMATION CONTACT: Casey Symington, Attorney Advisor, 
Office of Chief Counsel, FRA, 1200 New Jersey Avenue, SE., RCC-20, Mail 
Stop 10, Washington, DC 20590 (telephone 202-493-6349).

SUPPLEMENTARY INFORMATION:

I. Background

    The NPRM was developed in order to ensure the long-term 
sustainability of the Railroad Rehabilitation and Improvement Financing 
(RRIF) Program, promote the competitiveness of the railroad industry, 
and reduce the risk of default for applicants and the Federal 
government (government). The NPRM proposed to accomplish these goals by 
adding additional eligibility and application content requirements to 
the existing RRIF regulations. However, during and after the formal 
comment period on the NPRM, FRA received adverse comments on its 
provisions. After reviewing these comments, FRA has determined that it 
has insufficient information to ensure that the proposed provisions 
would achieve the stated goals of the NPRM or to ensure that the 
proposed provisions would not cause unintended consequences on the 
utilization of the RRIF program. Accordingly, FRA is withdrawing the 
NPRM.
    FRA received 21 written comments in response to the NPRM. All 
commenters opposed the NPRM. Nine commenters requested that it be 
withdrawn and three commenters requested that the NPRM be suspended or 
not implemented. The majority of comments raised concerns about the 
need and purpose of the rulemaking, the inability of the proposed rule 
to address the stated goals, the negative effect of the proposed rule 
on small entities and non-railroad entities, the increased costs and 
expense of complying with the proposed rule, the NPRM's effect of 
limiting the availability of the RRIF program and the possible 
resulting reduction in rail infrastructure investment, possible 
contradictions of legislative intent, and potentially unclear language 
in several of the NPRM provisions.
    The comments thoughtfully addressed a number of issues raised 
through the NPRM, and FRA appreciates the time and effort put forth by 
those who commented.

II. Reason for Withdrawal

    FRA has carefully reviewed the comments submitted pursuant to the 
NPRM. Based on our review of the comments, there is insufficient 
information at this time to assure a final rule with the proposed 
provisions would not have the unintended negative consequences 
anticipated by the commenters.
    FRA remains dedicated to ensuring responsible lending through the 
RRIF program. As such, this withdrawal does not preclude the agency 
from issuing a separate rulemaking concerning the program. Should FRA 
decide to undertake such a rulemaking in the future, FRA will re-
propose actions and provide new opportunities for comment.

III. The Withdrawal

    In consideration of the foregoing, the NPRM for FRA Docket No. FRA-
2008-0061, as published in the Federal Register on June 9, 2008 (73 FR 
32515) is hereby withdrawn.

    Issued in Washington, DC, on March 24, 2009.
Jo Strang,
Acting Deputy Administrator.
 [FR Doc. E9-6940 Filed 3-27-09; 8:45 am]
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