9906 Federal Register / Vol. 66, No. 29 / Monday, February 12, 2001 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Parts 229, 231, and 232

[FRA Docket No. PB–9; Notice No. 18]

RIN 2130–AB16

Brake System Safety Standards for

Freight and Other Non-Passenger

Trains and Equipment; End-of-Train

Devices; Final Rule: Delay of Effective

Date

AGENCY: Federal Railroad

Administration (FRA), DOT.

ACTION: Final Rule; Delay of effective

date; Conforming amendments.

SUMMARY: In accordance with the

memorandum of January 20, 2001, from

the Assistant to the President and Chief

of Staff, entitled ‘‘Regulatory Review

Plan,’’ published in the Federal Register

on January 24, 2001, 66 FR 7702, this

action temporarily delays for 60 days

the effective date of the rule entitled

‘‘Brake System Safety Standards for

Freight and Other Non-Passenger Trains

and Equipment; End-of-Train Devices;

Final Rule,’’ published in the Federal

Register on January 17, 2001, 66 FR

4104. This action also makes

conforming amendments to reflect the

effective date delay. That rule amends

the regulations governing the power

braking systems and equipment used in

operating freight and other nonpassenger trains and equipment, to

achieve safety by better adapting those

regulations to the needs of

contemporary railroad operations and

better facilitating the use of advanced

technologies.

DATES: The effective date of the final

rule amending 49 CFR parts 229 and

231 and revising 49 CFR part 232

published in the Federal Register on

January 17, 2001, at 66 FR 4104, and

designated ‘‘FRA Docket No. PB–9;

Notice No. 17,’’ is delayed for 60 days,

from April 1, 2001, until May 31, 2001.

In addition, the Director of the Federal

Register’s approval of the incorporation

by reference of certain publications

listed in that rule is delayed for 60 days,

from April 1, 2001, until May 31, 2001.

The conforming amendments are

effective May 31, 2001.

FOR FURTHER INFORMATION CONTACT:

Thomas Herrmann, Trial Attorney, FRA,

Office of Chief Counsel, 1120 Vermont

Avenue, NW., Mail Stop 10,

Washington, DC 20590 (telephone (202)

493–6053).

SUPPLEMENTARY INFORMATION: To the

extent that 5 U.S.C. 553 applies to this

delay in effective date, it is exempt from

notice and comment because it

constitutes a rule of procedure under 5

U.S.C. 553(b)(A). Alternatively, the

FRA’s implementation of this action

postponing the effective date without

opportunity for public comment,

effective immediately upon publication

today in the Federal Register, is based

on the ‘‘good cause’’ exceptions in 5

U.S.C. 553(b)(B) and 553(d)(3). Seeking

public comment is impracticable,

unnecessary, and contrary to the public

interest. The temporary 60-day delay in

effective date is necessary to give

Department officials the opportunity for

further review and consideration of new

regulations, consistent with the

Assistant to the President’s

memorandum of January 20, 2001.

Given the imminence of the effective

date, seeking prior public comment on

this temporary delay would have been

impractical, as well as contrary to the

public interest in the orderly

promulgation and implementation of

regulations. The imminence of the

effective date is also good cause for

making this action effective

immediately upon publication.

In this action FRA also makes

conforming changes to the text of the

final rule published on January 17,

2001, so as to reflect the new effective

date of May 31, 2001.

List of Subjects

49 CFR Part 229

Railroad locomotive safety, Railroad

safety.

49 CFR Part 231

Railroad safety, Railroad safety

appliances.

49 CFR Part 232

Incorporation by reference, Railroad

power brakes, Railroad safety, Two-way

end-of-train devices.

The Rule

In consideration of the foregoing, 49

CFR part 232, as revised at 66 FR 4193

effective May 31, 2001, is amended as

follows:

PART 232—[AMENDED]

1. The authority citation for part 232

continues to read as follows:

Authority: 49 U.S.C. 20102–20103, 20107,

20133, 20141, 20301–20303, 20306, 21301–

21302, 21304; 49 CFR 1.49(c), (m).

§ 232.1 [Amended]

2. In § 232.1(b) and (d), all references

to ‘‘April 1, 2001’’ are revised to read

‘‘May 31, 2001’’.

Appendix B to Part 232 [Amended]

3. In the heading of appendix B to

part 232, revise ‘‘April 1, 2001’’ to read

‘‘May 31, 2001’’.

Issued in Washington, DC, on January 31,

2001.

Ray Rogers,

Acting Deputy Administrator.

[FR Doc. 01–3212 Filed 2–9–01; 8:45 am]

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