[Federal Register Volume 63, Number 95 (Monday, May 18, 1998)]
[Rules and Regulations]
[Pages 27212-27213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13127]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 232

[FRA Docket No. PB-9, Notice No. 12]
RIN 2130-AB22


Two-Way End-of-Train Telemetry Devices and Certain Passenger 
Train Operations; Correction

AGENCY: Federal Railroad Administration (FRA), DOT.


[[Page 27213]]


ACTION: Correction to final rule preamble.

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SUMMARY: This document contains a correction to the preamble of the 
final rule on two-way end-of-train telemetry devices (two-way EOTs) and 
certain passenger train operations, which was published on Friday, May 
1, 1998 (63 FR 24130). The final rule specifically addressed and 
clarified the applicability of the existing two-way EOT requirements to 
certain passenger train operations where multiple units of freight-type 
equipment, material handling cars, or express cars are part of a 
passenger train's consist.

FOR FURTHER INFORMATION CONTACT: James Wilson, Motive Power and 
Equipment Division, Office of Safety, RRS-14, FRA, 400 Seventh Street, 
SW, Stop 25, Washington, DC 20590 (telephone 202-632-3367); or Thomas 
Herrmann, Trial Attorney, Office of the Chief Counsel, RCC-12, FRA, 400 
Seventh Street, S.W., Stop 10, Washington, D.C. 20590 (telephone 202-
632-3178).

SUPPLEMENTARY INFORMATION:

Background

    The ``Regulatory Impact'' portion of the preamble to the final rule 
addressing Executive Order 12866 and DOT regulatory policies and 
procedures stated that because the requirements contained in the final 
rule clarify the applicability of the two-way EOT regulations to a 
specific segment of the industry and generally reduce the regulatory 
burden on these operators, FRA concluded that the final rule did not 
constitute a significant rule under either Executive Order 12866 or 
DOT's policies and procedures. However, FRA inadvertently omitted a 
statement that the impact of the rule would be so minimal that any 
further analysis was not warranted.

Need for Correction

    As published, the ``Regulatory Impact'' portion of the preamble 
failed to inform the public of FRA's determination that the impact of 
the rule would be so minimal that any further analysis was not 
warranted. Thus, that portion of the preamble is in need of 
clarification.

Correction

    Accordingly, the publication on May 1, 1998 of the final rule on 
two-way EOTs and certain passenger train operations, which was 
contained in FR Doc. 98-11408, is corrected as follows:
    On page 24134 in the first column, at the end of the paragraph 
headed ``Executive Order 12866 and DOT Regulatory Policies and 
Procedures,'' the following sentence is added:
    Furthermore, as the final rule is intended to clarify the 
applicability of the two-way EOT regulations and affects a very limited 
number of passenger train operations, FRA has determined that the 
impact of the rule would be so minimal that any further analysis was 
not warranted.

    Issued in Washington, D.C., on May 12, 1998.
S. Mark Lindsey,
Chief Counsel, Federal Railroad Administration.
[FR Doc. 98-13127 Filed 5-15-98; 8:45 am]
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