[Federal Register Volume 74, Number 133 (Tuesday, July 14, 2009)]
[Rules and Regulations]
[Page 33923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16540]



[[Page 33923]]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 265

[Docket No. FRA-2008-0117, Notice No. 1]
RIN 2130-AB98


Nondiscrimination in Federally Assisted Railroad Programs; 
Removal

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

ACTION: Final rule.

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SUMMARY: FRA is removing 49 CFR part 265 because the relevant statutory 
authority for the regulation found in the Railroad Revitalization and 
Regulatory Reform Act of 1976 has expired. FRA expects that removal of 
part 265 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.

DATES: The rule becomes effective August 13, 2009.

FOR FURTHER INFORMATION CONTACT: Linda Martin, Attorney Advisor, Office 
of Chief Counsel, FRA, 1200 New Jersey Avenue, SE., Mail Stop 10, 
Washington, DC 20590; telephone: (202) 493-6062); e-mail: 
[email protected], or Calvin Gibson, Director, Office of Civil 
Rights, FRA, 1200 New Jersey Avenue, SE., 3rd Floor West, Washington, 
DC 20590; telephone: (202) 493-6010); e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    49 CFR part 265 effectuated sections 905 and 906 of the Railroad 
Revitalization and Regulatory Reform Act of 1976 (``Act''), Public Law 
94-210, 90 Stat. 31, 148-150 (February 5, 1976), which set forth the 
nondiscrimination and minority business enterprise provisions of that 
Act. However, Congress repealed sections 905 and 906 in the re-
enactment of the Department of Transportation Act, Public Law 97-449, 
Sec. 7(b), 96 Stat. 2443 (January 12, 1983). Since Congress has not 
acted to renew or extend a minority business enterprise program at FRA 
and since the authorizing sections have been repealed, FRA has 
determined that Part 265 can and should be removed from Title 49.
    DOT's current nondiscrimination provisions that recipients of FRA 
funding are still subject to are at 49 CFR parts 21 and 27 and 49 
U.S.C. 306, which prohibit discrimination in several railroad financial 
assistance programs implemented by the FRA.
    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(B), provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary or contrary 
to the public interest, the agency may issue a rule without providing 
notice and an opportunity for public comment. FRA has determined that 
there is good cause for making today's rule final without prior 
proposal and opportunity for comment because the actions taken in this 
final rule represent technical corrections to the regulations and do 
not involve substantive Agency action.

II. Regulatory Impact and Notices

Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    FRA has determined that this rulemaking action is not significant 
within the meaning of Executive Order 12866 or the U.S. Department of 
Transportation's regulatory policies and procedures. It simply repeals 
an outdated regulation that does not have a statutory foundation.

Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980, Public Law 96-354, 5 U.S.C. 
601-612, requires a review of rules to assess their impact on small 
entities. FRA certifies that the repeal of 49 CFR part 265 will not 
have a significant impact on a substantial number of small entities.

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.).

Federalism Implications

    FRA has analyzed this rule in accordance with the principles and 
criteria contained in Executive Order 13132, issued on August 4, 1999, 
which directs Federal agencies to exercise great care in establishing 
policies that have federalism implications. See 64 FR 43255. This rule 
mandating the removal of 49 CFR part 265 will not have a substantial 
effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among various levels of government. This rule will not 
have federalism implications that impose any direct compliance costs on 
State and local governments. In fact, this rule removes a regulation 
based a long ago repealed statute, which may have had, but no longer 
has federalism implications because of its repeal.

Environmental Impact

    FRA has evaluated this regulation in accordance with its 
``Procedures for Considering Environmental Impacts'' (64 FR 28545, May 
26, 1999) as required by the National Environmental Policy Act (42 
U.S.C. 4321 et seq.), other environmental statutes, Executive Orders, 
and related regulatory requirements. FRA has determined that the 
removal of this regulation is not a major FRA action, and it will have 
no environmental impact.

Unfunded Mandates Reform Act of 1995

    Pursuant to section 201 of the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4, 2 U.S.C. 1531), each Federal agency ``shall, unless 
otherwise prohibited by law, assess the effects of Federal regulatory 
actions on State, local, and tribal governments, and the private sector 
(other than to the extent that such regulations incorporate 
requirements specifically set forth in law).'' This final rule would 
not result in the expenditure of any funds, thus preparation of such a 
statement is not required.

List of Subjects in 49 CFR part 265

    Civil rights, Railroads, Sex discrimination.

III. The Final Rule

0
Under the Department of Transportation Act, Public Law 97-449, Sec. 
7(b), 96 Stat. 2443 (January 12, 1983), and as discussed in the 
preamble, amend 49 CFR, subtitle B, chapter II by removing part 265.

    Issued in Washington, DC, on July 8, 2009.
Joseph C. Szabo,
Administrator.
 [FR Doc. E9-16540 Filed 7-13-09; 8:45 am]
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