82_FR_23247 82 FR 23150 - System Safety Program

82 FR 23150 - System Safety Program

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 82, Issue 97 (May 22, 2017)

Page Range23150-23150
FR Document2017-10519

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.

Federal Register, Volume 82 Issue 97 (Monday, May 22, 2017)
[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)]
[Rules and Regulations]
[Page 23150]
From the Federal Register Online  [www.thefederalregister.org]
[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



                                             23150               Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Rules and Regulations

                                             J. Executive Order 12898: Federal                       Department of Transportation, Federal                 DEPARTMENT OF TRANSPORTATION
                                             Actions To Address Environmental                        Railroad Administration, Office of Chief
                                             Justice in Minority Populations and                     Counsel; telephone: 202–493–0138;                     National Highway Traffic Safety
                                             Low-Income Populations                                  email: Matthew.Navarrete@dot.gov.                     Administration
                                                EPA believes that this action would                  SUPPLEMENTARY INFORMATION:     On August              49 CFR Parts 571 and 585
                                             not have disproportionately high and                    12, 2016, FRA published a final rule
                                             adverse human health or environmental                   requiring commuter and intercity                      [Docket No. NHTSA–2016–0125]
                                             effects on minority, low-income, or                     passenger railroads to develop and                    RIN 2126–AK93
                                             indigenous populations, as specified in                 implement an SSP to improve the safety
                                             Executive Order 12898 (59 FR 7629,                                                                            Federal Motor Vehicle Safety
                                                                                                     of their operations. See 81 FR 53850. On
                                             February 16, 1994).                                                                                           Standards; Minimum Sound
                                                                                                     February 10, 2017, FRA stayed the SSP
                                             K. Congressional Review Act (CRA)                       final rule’s requirements until March 21,             Requirements for Hybrid and Electric
                                                                                                     2017 consistent with the new                          Vehicles
                                                This action is subject to the CRA, 5
                                             U.S.C. 801 et seq., and EPA will submit                 Administration’s guidance issued                      AGENCY:  National Highway Traffic
                                             a rule report to each House of the                      January 20, 2017, intended to provide                 Safety Administration (NHTSA),
                                             Congress and to the Comptroller General                 the Administration an adequate                        Department of Transportation (DOT).
                                             of the United States. This action is not                opportunity to review new and pending                 ACTION: Final rule; delay of effective
                                             a ‘‘major rule’’ as defined by 5 U.S.C.                 regulations. 82 FR 10443 (Feb. 13,                    date.
                                             804(2).                                                 2017). To provide additional time for
                                                                                                     that review, FRA extended the stay until              SUMMARY:    In accordance with the
                                             List of Subjects in 40 CFR Part 171                                                                           Presidential directive as expressed in
                                                                                                     May 22, 2017. 82 FR 14476 (Mar. 21,
                                                Environmental protection, Applicator                                                                       the memorandum of January 20, 2017,
                                                                                                     2017). To continue this review, FRA
                                             competency, Agricultural worker safety,                                                                       from the Assistant to the President and
                                                                                                     needs to extend the stay until June 5,
                                             Certified applicator, Pesticide safety                                                                        Chief of Staff, entitled ‘‘Regulatory
                                                                                                     2017.                                                 Freeze Pending Review,’’ this action
                                             training, Pesticide worker safety,
                                             Pesticides and pests, Restricted use                       FRA’s implementation of this action                temporarily delays until June 5, 2017,
                                             pesticides.                                             without opportunity for public                        the effective date of the final rule titled
                                                                                                     comment is based on the good cause                    ‘‘Federal Motor Vehicle Safety
                                               Dated: May 17, 2017.                                  exceptions in 5 U.S.C. 553(b)(B) and                  Standards; Minimum Sound
                                             Louise P. Wise,                                         553(d)(3), in that seeking public                     Requirements for Hybrid and Electric
                                             Acting Assistant Administrator, Office of               comment is impracticable, unnecessary,                Vehicles,’’ initially scheduled to become
                                             Chemical Safety and Pollution Prevention.                                                                     effective on February 13, 2017.
                                                                                                     and contrary to the public interest. The
                                             [FR Doc. 2017–10541 Filed 5–18–17; 4:15 pm]             delay in the effective date until June 5,             DATES: The effective date of the final
                                             BILLING CODE 6560–50–P                                  2017, is necessary to provide the                     rule published on December 14, 2016
                                                                                                     opportunity for further review and                    (81 FR 90416), is delayed until June 5,
                                                                                                     consideration of this new regulation,                 2017. The initial compliance date is
                                             DEPARTMENT OF TRANSPORTATION                            consistent with the new                               September 1, 2018, with full phase in by
                                                                                                     Administration’s January 20, 2017                     September 1, 2019.
                                             Federal Railroad Administration                                                                               FOR FURTHER INFORMATION CONTACT: For
                                                                                                     guidance. Given the imminence of the
                                                                                                     effective date of the ‘‘System Safety                 legal issues, contact Thomas Healy,
                                             49 CFR Part 270                                                                                               Office of Chief Counsel, at (202) 366–
                                                                                                     Program’’ final rule, seeking prior public
                                             [Docket No. FRA–2011–0060, Notice No. 6]                comment on this temporary delay                       2992. For non-legal issues, contact Mike
                                             RIN 2130–AC31                                           would be impractical, as well as                      Pyne, Office of Rulemaking, at (202)
                                                                                                     contrary to the public interest in the                366–4171.
                                             System Safety Program                                   orderly promulgation and                              SUPPLEMENTARY INFORMATION: NHTSA
                                                                                                     implementation of regulations.                        bases this action on the Presidential
                                             AGENCY:  Federal Railroad                                                                                     directive expressed in the memorandum
                                             Administration (FRA), Department of                       Authority: 49 U.S.C. 20103, 20106–20107,            of January 20, 2017, from the Assistant
                                             Transportation.                                         20118–20119, 20156, 21301, 21304, 21311;              to the President and Chief of Staff,
                                             ACTION: Final rule; stay of regulations.                28 U.S.C. 2461, note; and 49 CFR 1.89.                entitled ‘‘Regulatory Freeze Pending
                                                                                                       Issued in Washington, DC, on May 18,                Review’’ (the January 20, 2017
                                             SUMMARY:    On August 12, 2016, FRA                     2017.                                                 memorandum). That memorandum
                                             published a final rule requiring                                                                              directed the heads of Executive
                                                                                                     Patrick T. Warren,
                                             commuter and intercity passenger                                                                              Departments and Agencies to
                                             railroads to develop and implement a                    Executive Director.
                                                                                                                                                           temporarily postpone for 60 days from
                                             system safety program (SSP) to improve                  [FR Doc. 2017–10519 Filed 5–18–17; 4:15 pm]
                                                                                                                                                           the date of the memorandum the
                                             the safety of their operations. On                      BILLING CODE 4910–06–P
                                                                                                                                                           effective dates of certain regulations that
                                             February 10, 2017, FRA stayed the SSP                                                                         had been published in the Federal
                                             final rule’s requirements until March 21,                                                                     Register, but had not yet taken effect.
                                             2017, and on March 20, 2017, FRA                                                                              Because the original effective date of the
                                             extended the stay to May 22, 2017. This                                                                       final rule published on December 14,
nlaroche on DSK30NT082PROD with RULES




                                             document extends that stay until June 5,                                                                      2016, fell within that 60-day window,
                                             2017.                                                                                                         the effective date of the rule was
                                             DATES: Effective May 18, 2017, 49 CFR                                                                         extended to March 21, 2017, in a final
                                             part 270 is stayed until June 5, 2017.                                                                        rule published on February 6, 2017 (82
                                             FOR FURTHER INFORMATION CONTACT:                                                                              FR 9368). The effective date was again
                                             Matthew Navarrete, Trial Attorney, U.S.                                                                       extended to May 22, 2017, in a final rule


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Document Created: 2018-11-08 08:50:44
Document Modified: 2018-11-08 08:50:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; stay of regulations.
DatesEffective May 18, 2017, 49 CFR part 270 is stayed until June 5, 2017.
ContactMatthew Navarrete, Trial Attorney, U.S. Department of Transportation, Federal Railroad Administration, Office of Chief Counsel; telephone: 202-493-0138; email: [email protected]
FR Citation82 FR 23150 
RIN Number2130-AC31

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