State Highway-Rail Grade Crossing Action Plans; Correction

Brett A. Jortland
Federal Railroad Administration
23 February 2021

[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Rules and Regulations]
[Page 10857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03229]



[[Page 10857]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 234

[DOCKET No. FRA-2018-0096, Notice No. 3]
RIN 2130-AC72


State Highway-Rail Grade Crossing Action Plans; Correction

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Correcting amendment.

-----------------------------------------------------------------------

SUMMARY: On December 14, 2020, FRA published a final rule amending 
FRA's grade crossing safety standards. In preparing the final rule for 
publication, an error was made that resulted in a cross-reference to 
the wrong paragraph. FRA is correcting that inadvertent error.

DATES: Effective on February 23, 2021.

FOR FURTHER INFORMATION CONTACT: Kathryn Gresham, Attorney Adviser, 
U.S. Department of Transportation, Federal Railroad Administration, 
Office of the Chief Counsel (email: kathryn.gresham@dot.gov, telephone: 
202-493-6063).

SUPPLEMENTARY INFORMATION: In Sec.  234.11 of FRA's December 14, 2020, 
final rule requiring States and the District of Columbia to develop and 
implement highway-rail grade crossing action plans, paragraph (d) 
erroneously referenced paragraph (d)(2) for a list of 10 States 
required to submit their updated highway-rail grade crossing action 
plans and implementation reports electronically through FRA's website 
in Portable Document Format (PDF). 85 FR 80648, 80660. The referenced 
list is actually contained in paragraph (c)(3) of Sec.  234.11; there 
is no paragraph (d)(2) in Sec.  234.11. Therefore, FRA is issuing this 
correction amending paragraph Sec.  234.11(d) to refer to the actual 
regulatory provision (Sec.  234.11(c)(3)) that contains the list of 10 
States required to submit their updated highway-rail grade crossing 
action plans and implementation reports to FRA. FRA is proceeding 
directly to a final rule as it finds public notice and comment to be 
unnecessary per the ``good cause'' exemption in 5 U.S.C. 553(b)(3)(B) 
for this clearly inadvertent error.

List of Subjects in 49 CFR Part 234

    Highway safety, Penalties, Railroad safety, Reporting and 
recordkeeping requirements, State and local governments.

The Final Rule

    For the reasons discussed in the preamble, FRA amends part 234 of 
chapter II, subtitle B of title 49, Code of Federal Regulations, with 
the following correcting amendment:

PART 234--GRADE CROSSING SAFETY

0
1. The authority citation for part 234 continues to read as follows:

    Authority:  49 U.S.C. 20103, 20107, 20152, 20160, 21301, 21304, 
21311; Sec. 11401, Div. A, Pub. L. 114-94, 129 Stat. 1679 (49 U.S.C. 
22501 note); and 49 CFR 1.89.


0
2. In Sec.  234.11, revise paragraph (d) to read as follows:


Sec.  234.11   State highway-rail grade crossing action plans.

* * * * *
    (d) Electronic submission of updated Action Plan and implementation 
report. Each of the 10 States listed in paragraph (c)(3) of this 
section shall submit its updated highway-rail grade crossing action 
plan and implementation report electronically through FRA's website in 
PDF form.
* * * * *

    Issued in Washington, DC.
Brett A. Jortland,
Acting Chief Counsel.
[FR Doc. 2021-03229 Filed 2-22-21; 8:45 am]
BILLING CODE 4910-06-P