[Federal Register Volume 87, Number 25 (Monday, February 7, 2022)]
[Rules and Regulations]
[Pages 6783-6785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02489]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

49 CFR Part 659

[Docket No. FTA-2022-0003]
RIN 2132-AB39


Rail Fixed Guideway Systems; State Safety Oversight; Rescission

AGENCY: Federal Transit Administration (FTA), Department of 
Transportation.

ACTION: Final rule.

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SUMMARY: This rulemaking rescinds an FTA regulation for State Safety 
Oversight requirements. The statutory basis for this regulation was 
rescinded by legislation in 2012.

DATES: This final rule is effective on February 7, 2022.

FOR FURTHER INFORMATION CONTACT: Emily Jessup, Office of Chief Counsel, 
(202) 366-8907 or [email protected]. Office hours are from 9 a.m. to 
5:30 p.m., ET, Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access and Filing

    This document is viewable online through the Federal eRulemaking 
portal at http://www.regulations.gov. Retrieval help and guidelines are 
available on the website. It is available 24 hours each day, 365 days a 
year. An electronic copy of this document is available for download 
from the Office of the Federal Register home page at: http://www.ofr.gov and the Government Publishing Office web page at: http://www.gpo.gov.

Background

    Part 659 in title 49 of the Code of Federal Regulations contains 
State Safety Oversight (SSO) requirements for rail fixed guideway 
systems. These regulations were authorized by 49 U.S.C. 5330, State 
Safety Oversight, which was repealed by Section 20030(e) of the Moving 
Ahead for Progress in the 21st Century Act (MAP-21) (Pub. L. 112-141). 
In 2016, FTA replaced 49 CFR part 659 with a new SSO final rule, 
codified at 49 CFR part 674 (81 FR 14230). 49 CFR 674.9(b) provides 
that FTA will rescind the regulations codified at Part 659 no later 
than April 15, 2019.

Discussion of the Changes

    This action rescinds 49 CFR part 659, State Safety Oversight (SSO) 
requirements for rail fixed guideway systems, because the statutory 
basis for these regulations was repealed by MAP-21. These regulations 
were replaced with a new SSO final rule, codified at 49 CFR part 674. 
The regulations at part 674 are intended to carry out several explicit 
statutory mandates to strengthen the States' oversight of the safety of 
their Rail Transit Agencies (RTAs) enacted through Section 20021 of 
MAP-21 and codified at 49 U.S.C. 5329. 49 CFR 674.9(b) provides that 
FTA will rescind the regulations codified at part 659 no later than 
April 15, 2019, three years following the effective date of Part 674. 
The three-year delayed rescission permitted RTAs to have a part 659 
System Safety Program Plan in place until the Public Transportation 
Agency Safety Plan (PTASP) regulation deadline (See 49 CFR 673.11(e)). 
FTA delayed the rescission, in part due to the deferred enforcement of 
the PTASP regulation deadline. FTA's most recent PTASP notice of 
enforcement discretion expired on July 20, 2021 and all applicable RTAs 
have certified their compliance with the PTASP regulation. Therefore, 
it is now timely to rescind the part 659 regulations.

Good Cause for Dispensing With Notice and Comment and Delayed Effective 
Date

    Under the Administrative Procedure Act (APA) (5 U.S.C. 553(b)), an 
agency may waive the normal notice and comment procedure if it finds, 
for good cause, that it is impracticable, unnecessary, or contrary to 
the public interest. Additionally, 5 U.S.C. 553(d) provides that an 
agency may waive the 30-day delayed effective date upon finding of good 
cause.
    FTA finds good cause that notice and comment for this rule is 
unnecessary due to the nature of the revisions (i.e., the rule simply 
carries out the statutory repeal included in MAP-21). The statutory 
language does not require regulatory interpretation to carry out its 
intent, and comments cannot alter the regulation given that the statute 
abrogated its purpose. Further, the delayed effective date is 
unnecessary because the removal of these safety regulations was already 
made effective by MAP-21 and the publication of new safety regulations 
at 49 CFR part 674. Accordingly, FTA finds good cause under 5 U.S.C. 
553(b)(3)(B) and (d)(3) to waive notice and opportunity for comment and 
the delayed effective date.

Rulemaking Analyses and Notices

Executive Order 12866 (Regulatory Planning and Review), Executive Order 
13563 (Improving Regulation and Regulatory Review), and Department of 
Transportation (DOT) Regulatory Policies and Procedures

    FTA has determined that this rulemaking is not a significant 
regulatory action within the meaning of Executive Order 12866, and 
within the meaning of DOT regulatory policies and procedures. This 
action complies with Executive Orders 12866 and 13563 to improve 
regulation.

[[Page 6784]]

Regulatory Flexibility Act

    Because FTA finds good cause under 5 U.S.C. 553(b)(3)(B) to waive 
notice and opportunity for comment for this rule, the provisions of the 
Regulatory Flexibility Act (Pub. L. 96-354, 5 U.S.C. 601-612) do not 
apply. FTA evaluated the effects of this action on small entities and 
determined the action would not have a significant economic impact on a 
substantial number of small entities. FTA hereby certifies that this 
rule will not have a significant economic impact on a substantial 
number of small entities.

Unfunded Mandates Reform Act of 1995

    FTA has determined that this rule does not impose unfunded 
mandates, as defined by the Unfunded Mandates Reform Act of 1995 (Pub. 
L. 104-4, March 22, 1995, 109 Stat. 48). This rule does not include a 
Federal mandate that may result in expenditures of $155.1 million or 
more in any 1 year (when adjusted for inflation) in 2012 dollars for 
either State, local, and tribal governments in the aggregate, or by the 
private sector. Additionally, the definition of ``Federal mandate'' in 
the Unfunded Mandates Reform Act excludes financial assistance of the 
type in which State, local, or tribal governments have authority to 
adjust their participation in the program in accordance with changes 
made in the program by the Federal Government. The Federal Transit Act 
permits this type of flexibility.

Executive Order 13132 (Federalism Assessment)

    Executive Order 13132 requires agencies to assure meaningful and 
timely input by State and local officials in the development of 
regulatory policies that may have a substantial direct effect on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. This action has been analyzed in 
accordance with the principles and criteria contained in Executive 
Order 13132 dated August 4, 1999, and FTA determined this action will 
not have a substantial direct effect or sufficient federalism 
implications on the States. FTA also determined this action will not 
preempt any State law or regulation or affect the States' ability to 
discharge traditional State governmental functions.

Executive Order 12372 (Intergovernmental Review)

    The regulations implementing Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities apply 
to this program.

Paperwork Reduction Act

    Federal agencies must obtain approval from the Office of Management 
and Budget (OMB) for each collection of information they conduct, 
sponsor, or require through regulations. FTA has analyzed this rule 
under the Paperwork Reduction Act and believes that it does not impose 
additional information collection requirements for the purposes of the 
Act above and beyond existing information collection clearances from 
OMB.

National Environmental Policy Act

    Federal agencies are required to adopt implementing procedures for 
the National Environmental Policy Act (NEPA) that establish specific 
criteria for, and identification of, three classes of actions: (1) 
Those that normally require preparation of an Environmental Impact 
Statement, (2) those that normally require preparation of an 
Environmental Assessment, and (3) those that are categorically excluded 
from further NEPA review (40 CFR 1507.3(b)). This rule qualifies for 
categorical exclusions under 23 CFR 771.118(c)(4) (planning and 
administrative activities that do not involve or lead directly to 
construction). FTA has evaluated whether the rule will involve unusual 
or extraordinary circumstances and has determined that it will not.

Executive Order 12630 (Taking of Private Property)

    FTA has analyzed this rule under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights. FTA does not believe this rule affects a taking of 
private property or otherwise has taking implications under Executive 
Order 12630.

Executive Order 12988 (Civil Justice Reform)

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Executive Order 13045 (Protection of Children)

    FTA has analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. FTA 
certifies that this action will not cause an environmental risk to 
health or safety that might disproportionately affect children.

Executive Order 13175 (Tribal Consultation)

    FTA has analyzed this rule under Executive Order 13175, dated 
November 6, 2000, and believes that it will not have substantial direct 
effects on one or more Indian tribes; will not impose substantial 
direct compliance costs on Indian tribal governments; and will not 
preempt tribal laws. Therefore, a tribal summary impact statement is 
not required.

Executive Order 13211 (Energy Effects)

    FTA has analyzed this action under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. FTA has determined that this action is not a 
significant energy action under that order and is not likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy. Therefore, a Statement of Energy Effects is not required.

Executive Order 12898 (Environmental Justice)

    Executive Order 12898 (Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations) and DOT 
Order 5610.2(a) (77 FR 27534, May 10, 2012) (available online at http://www.fhwa.dot.gov/environment/environmental_justice/ej_at_dot/order_56102a/index.cf) require DOT agencies to achieve Environmental 
Justice (EJ) as part of their mission by identifying and addressing, as 
appropriate, disproportionately high and adverse human health or 
environmental effects, including interrelated social and economic 
effects, of their programs, policies, and activities on minority and 
low-income populations. All DOT agencies must address compliance with 
Executive Order 12898 and the DOT Order in all rulemaking activities. 
On August 15, 2012, FTA's Circular 4703.1 became effective, which 
contains guidance for recipients of FTA financial assistance to 
incorporate EJ principles into plans, projects, and activities 
(available online at http://www.fta.dot.gov/documents/FTA_EJ_Circular_7.14-12_FINAL.pdf).
    FTA has evaluated this action under the Executive Order, the DOT 
Order, and the FTA Circular and FTA has determined that this action 
will not cause disproportionately high and adverse human health and 
environmental effects on minority or low-income populations.

[[Page 6785]]

Regulation Identifier Number

    A Regulation Identifier Number (RIN) is assigned to each regulatory 
action listed in the Unified Agenda of Federal Regulations. The 
Regulatory Information Service Center publishes the Unified Agenda in 
April and October of each year. The RIN number contained in the heading 
of this document can be used to cross-reference this rule with the 
Unified Agenda.

List of Subjects in 49 CFR Part 659

    Grant programs--Transportation, Mass transportation, Reporting and 
recordkeeping requirements, Safety, Security, Transportation.

Nuria I. Fernandez,
Administrator.

PART 659--[REMOVED AND RESERVED]

    In consideration of the foregoing, and under the authority of 49 
U.S.C. 5329, Public Law 112-141, and 49 CFR 1.91, FTA amends 49 CFR 
chapter VI by removing and reserving part 659.

[FR Doc. 2022-02489 Filed 2-4-22; 8:45 am]
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