Federal Register / Vol. 74, No. 133 / Tuesday, July 14, 2009 / Rules and Regulations 33923 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 265 

[Docket No. FRA–2008–0117, Notice No. 1] 

RIN 2130–AB98 

Nondiscrimination in Federally 

Assisted Railroad Programs; Removal 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: FRA is removing 49 CFR part 

265 because the relevant statutory 

authority for the regulation found in the 

Railroad Revitalization and Regulatory 

Reform Act of 1976 has expired. FRA 

expects that removal of part 265 will 

reduce the administrative burden to 

government and industry, reduce 

government printing costs, and provide 

a more concise and useful Title 49, Code 

of Federal Regulations. 

DATES: The rule becomes effective 

August 13, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Linda Martin, Attorney Advisor, Office 

of Chief Counsel, FRA, 1200 New Jersey 

Avenue, SE., Mail Stop 10, Washington, 

DC 20590; telephone: (202) 493–6062); 

e-mail: Linda.Martin@dot.gov, or Calvin 

Gibson, Director, Office of Civil Rights, 

FRA, 1200 New Jersey Avenue, SE., 3rd 

Floor West, Washington, DC 20590; 

telephone: (202) 493–6010); e-mail: 

Calvin.Gibson@dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

49 CFR part 265 effectuated sections 

905 and 906 of the Railroad 

Revitalization and Regulatory Reform 

Act of 1976 (‘‘Act’’), Public Law 94–210, 

90 Stat. 31, 148–150 (February 5, 1976), 

which set forth the nondiscrimination 

and minority business enterprise 

provisions of that Act. However, 

Congress repealed sections 905 and 906 

in the re-enactment of the Department of 

Transportation Act, Public Law 97–449, 

Sec. 7(b), 96 Stat. 2443 (January 12, 

1983). Since Congress has not acted to 

renew or extend a minority business 

enterprise program at FRA and since the 

authorizing sections have been repealed, 

FRA has determined that Part 265 can 

and should be removed from Title 49. 

DOT’s current nondiscrimination 

provisions that recipients of FRA 

funding are still subject to are at 49 CFR 

parts 21 and 27 and 49 U.S.C. 306, 

which prohibit discrimination in several 

railroad financial assistance programs 

implemented by the FRA. 

Section 553 of the Administrative 

Procedure Act, 5 U.S.C. 553(b)(B), 

provides that, when an agency for good 

cause finds that notice and public 

procedure are impracticable, 

unnecessary or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. FRA 

has determined that there is good cause 

for making today’s rule final without 

prior proposal and opportunity for 

comment because the actions taken in 

this final rule represent technical 

corrections to the regulations and do not 

involve substantive Agency action. 

II. Regulatory Impact and Notices 

Executive Order 12866 (Regulatory 

Planning and Review) and DOT 

Regulatory Policies and Procedures 

FRA has determined that this 

rulemaking action is not significant 

within the meaning of Executive Order 

12866 or the U.S. Department of 

Transportation’s regulatory policies and 

procedures. It simply repeals an 

outdated regulation that does not have 

a statutory foundation. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act of 

1980, Public Law 96–354, 5 U.S.C. 601– 

612, requires a review of rules to assess 

their impact on small entities. FRA 

certifies that the repeal of 49 CFR part 

265 will not have a significant impact 

on a substantial number of small 

entities. 

Paperwork Reduction Act 

This rulemaking contains no reporting 

requirements that are subject to OMB 

approval under 5 CFR part 1320, 

pursuant to the Paperwork Reduction 

Act of 1980 (44 U.S.C. 3501 et seq.). 

Federalism Implications 

FRA has analyzed this rule in 

accordance with the principles and 

criteria contained in Executive Order 

13132, issued on August 4, 1999, which 

directs Federal agencies to exercise great 

care in establishing policies that have 

federalism implications. See 64 FR 

43255. This rule mandating the removal 

of 49 CFR part 265 will not have a 

substantial effect on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among various levels of 

government. This rule will not have 

federalism implications that impose any 

direct compliance costs on State and 

local governments. In fact, this rule 

removes a regulation based a long ago 

repealed statute, which may have had, 

but no longer has federalism 

implications because of its repeal. 

Environmental Impact 

FRA has evaluated this regulation in 

accordance with its ‘‘Procedures for 

Considering Environmental Impacts’’ 

(64 FR 28545, May 26, 1999) as required 

by the National Environmental Policy 

Act (42 U.S.C. 4321 et seq.), other 

environmental statutes, Executive 

Orders, and related regulatory 

requirements. FRA has determined that 

the removal of this regulation is not a 

major FRA action, and it will have no 

environmental impact. 

Unfunded Mandates Reform Act of 1995 

Pursuant to section 201 of the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4, 2 U.S.C. 1531), each 

Federal agency ‘‘shall, unless otherwise 

prohibited by law, assess the effects of 

Federal regulatory actions on State, 

local, and tribal governments, and the 

private sector (other than to the extent 

that such regulations incorporate 

requirements specifically set forth in 

law).’’ This final rule would not result 

in the expenditure of any funds, thus 

preparation of such a statement is not 

required. 

List of Subjects in 49 CFR part 265 

Civil rights, Railroads, Sex 

discrimination. 

III. The Final Rule 

■ Under the Department of 

Transportation Act, Public Law 97–449, 

Sec. 7(b), 96 Stat. 2443 (January 12, 

1983), and as discussed in the preamble, 

amend 49 CFR, subtitle B, chapter II by 

removing part 265. 

Issued in Washington, DC, on July 8, 2009. 

Joseph C. Szabo, 

Administrator. 

[FR Doc. E9–16540 Filed 7–13–09; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 09100091344–9056–02] 

RIN 0648–XQ25 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Northern Rockfish in 

the Western Regulatory Area of the 

Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 


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