Federal Register / Vol. 87, No. 25 / Monday, February 7, 2022 / Rules and Regulations 6783 

■ 3. In § 180.940, amend Table 1 to 

Paragraph (a) by adding, in alphabetical 

order, an entry for ‘‘2-Isobutyl-2-methyl1,3-dioxolane-4-methanol’’ to read as 

follows: 

§ 180.940 Tolerance exemptions for active 

and inert ingredients for use in 

antimicrobial formulations (Food-contact 

surface sanitizing solutions). 

* * * * * 

(a) * * * 

TABLE 1 TO PARAGRAPH (a) 

Inert ingredients CAS Reg. No. Limits 

*******

2-Isobutyl-2-methyl-1,3-dioxolane-4-methanol ............................................................................................. 5660–53–7 

********

* * * * * 

[FR Doc. 2022–02495 Filed 2–4–22; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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basis for this regulation was rescinded 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 Emily.Jessup@

dot.gov. 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which was repealed by Section 20030(e) 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. 


jspears on DSK121TN23PROD with RULES1
6784 Federal Register / Vol. 87, No. 25 / Monday, February 7, 2022 / Rules and Regulations 

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. 


jspears on DSK121TN23PROD with RULES1
Federal Register / Vol. 87, No. 25 / Monday, February 7, 2022 / Rules and Regulations 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] 

BILLING CODE P 


jspears on DSK121TN23PROD with RULES1