[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)]
[Rules and Regulations]
[Page 23150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10519]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 270

[Docket No. FRA-2011-0060, Notice No. 6]
RIN 2130-AC31


System Safety Program

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

ACTION: Final rule; stay of regulations.

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SUMMARY: On August 12, 2016, FRA published a final rule requiring 
commuter and intercity passenger railroads to develop and implement a 
system safety program (SSP) to improve the safety of their operations. 
On February 10, 2017, FRA stayed the SSP final rule's requirements 
until March 21, 2017, and on March 20, 2017, FRA extended the stay to 
May 22, 2017. This document extends that stay until June 5, 2017.

DATES: Effective May 18, 2017, 49 CFR part 270 is stayed until June 5, 
2017.

FOR FURTHER INFORMATION CONTACT: Matthew Navarrete, Trial Attorney, 
U.S. Department of Transportation, Federal Railroad Administration, 
Office of Chief Counsel; telephone: 202-493-0138; email: 
[email protected].

SUPPLEMENTARY INFORMATION: On August 12, 2016, FRA published a final 
rule requiring commuter and intercity passenger railroads to develop 
and implement an SSP to improve the safety of their operations. See 81 
FR 53850. On February 10, 2017, FRA stayed the SSP final rule's 
requirements until March 21, 2017 consistent with the new 
Administration's guidance issued January 20, 2017, intended to provide 
the Administration an adequate opportunity to review new and pending 
regulations. 82 FR 10443 (Feb. 13, 2017). To provide additional time 
for that review, FRA extended the stay until May 22, 2017. 82 FR 14476 
(Mar. 21, 2017). To continue this review, FRA needs to extend the stay 
until June 5, 2017.
    FRA's implementation of this action without opportunity for public 
comment is based on the good cause exceptions in 5 U.S.C. 553(b)(B) and 
553(d)(3), in that seeking public comment is impracticable, 
unnecessary, and contrary to the public interest. The delay in the 
effective date until June 5, 2017, is necessary to provide the 
opportunity for further review and consideration of this new 
regulation, consistent with the new Administration's January 20, 2017 
guidance. Given the imminence of the effective date of the ``System 
Safety Program'' final rule, seeking prior public comment on this 
temporary delay would be impractical, as well as contrary to the public 
interest in the orderly promulgation and implementation of regulations.

    Authority: 49 U.S.C. 20103, 20106-20107, 20118-20119, 20156, 
21301, 21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    Issued in Washington, DC, on May 18, 2017.
Patrick T. Warren,
Executive Director.
[FR Doc. 2017-10519 Filed 5-18-17; 4:15 pm]
 BILLING CODE 4910-06-P