[Federal Register Volume 82, Number 108 (Wednesday, June 7, 2017)]
[Rules and Regulations]
[Pages 26359-26360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11727]


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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 extended the stay until May 22, 2017 and then 
to June 5, 2017. This document extends that stay until December 4, 
2017.

DATES: Effective June 2, 2017, 49 CFR part 270 is stayed until December 
4, 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 and then to 
June 5, 2017. 82 FR 14476 (Mar. 21, 2017) and 82 FR 23150 (May 22, 
2017).
    The review includes petitions for reconsideration of the SSP final 
rule (Petitions).\1\ FRA will conduct some form of outreach with 
interested parties to inform its decisions on the issues raised in the 
Petitions. FRA will announce any outreach process by separate notice in 
the Federal Register. Accordingly, to allow time for potential 
outreach, and to complete review of the rule and the Petitions, FRA is 
extending the stay of the rule until December 4, 2017.
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    \1\ See SSP rulemaking docket for these petitions at: https://www.regulations.gov/docket?D=FRA-2011-0060.
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    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

[[Page 26360]]

comment on the stay is impracticable, unnecessary, and contrary to the 
public interest. The delay in the effective date until December 4, 
2017, is necessary to continue the review of the rule and Petitions, 
including any potential outreach. 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 
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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 June 1, 2017.
Patrick T. Warren,
Executive Director.
[FR Doc. 2017-11727 Filed 6-2-17; 4:15 pm]
 BILLING CODE 4910-06-P