
[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)]
[Rules and Regulations]
[Page 14476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05509]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 270

[Docket No. FRA-2011-0060, Notice No. 5]
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. This document extends that stay until May 22, 
2017.

DATES: Effective March 20, 2017, 49 CFR part 270 is stayed until May 
22, 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: 
Matthew.Navarrete@dot.gov.

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 time for that 
review, FRA needs to extend the stay until May 22, 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 May 22, 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 March 15, 2017.
Robert C. Lauby,
Associate Administrator for Railroad Safety and Chief Safety Officer.
[FR Doc. 2017-05509 Filed 3-20-17; 8:45 am]
 BILLING CODE 4910-06-P


