Railroad Rehabilitation and Improvement Financing Program, 14104 [E9-6940]

Download as PDF 14104 Federal Register / Vol. 74, No. 59 / Monday, March 30, 2009 / Proposed Rules inspection and copying during normal business hours in the FCC’s Reference Information Center at Portals II, CY– A257, 445 12th Street, SW., Washington, DC 20554. This document will also be available via ECFS (https:// www.fcc.gov/cgb/ecfs/). (Documents will be available electronically in ASCII, Word 97, and/or Adobe Acrobat.) This document may be purchased from the Commission’s duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY–B402, Washington, DC 20554, telephone 1– 800–478–3160 or via e-mail https:// www.BCPIWEB.com. To request this document in accessible formats (computer diskettes, large print, audio recording, and Braille), send an e-mail to fcc504@fcc.gov or call the Commission’s Consumer and Governmental Affairs Bureau at (202) 418–0530 (voice), (202) 418–0432 (TTY). This document does not contain proposed information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104– 13. In addition, therefore, it does not contain any proposed information collection burden ‘‘for small business concerns with fewer than 25 employees,’’ pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). Provisions of the Regulatory Flexibility Act of 1980 do not apply to this proceeding. Members of the public should note that from the time a Notice of Proposed Rule Making is issued until the matter is no longer subject to Commission consideration or court review, all ex parte contacts are prohibited in Commission proceedings, such as this one, which involve channel allotments. See 47 CFR 1.1204(b) for rules governing permissible ex parte contacts. For information regarding proper filing procedures for comments, see 47 CFR 1.415 and 1.420. List of Subjects in 47 CFR Part 73 Television, Television broadcasting. For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR Part 73 as follows: rwilkins on PROD1PC63 with PROPOSALS PART 73—RADIO BROADCAST SERVICES 1. The authority citation for part 73 continues to read as follows: Authority: 47 U.S.C. 154, 303, 334, 336. § 73.622 [Amended] 2. Section 73.622(i), the PostTransition Table of DTV Allotments VerDate Nov<24>2008 18:30 Mar 27, 2009 Jkt 217001 under Kansas, is amended by adding DTV channel 31 and removing DTV channel 46 at Derby. Federal Communications Commission. Clay C. Pendarvis, Associate Chief, Video Division, Media Bureau. [FR Doc. E9–7055 Filed 3–27–09; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration 49 CFR Part 260 [Docket No. FRA–2008–0061, Notice No. 2] RIN 2130–AB91 Railroad Rehabilitation and Improvement Financing Program AGENCY: Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM); withdrawal. SUMMARY: On June 9, 2008, FRA published an NPRM in the Federal Register proposing to amend the eligibility and application form and content criteria of the Railroad Rehabilitation and Improvement Finance (RRIF) Program. For the reasons stated below, FRA has decided to withdraw the NPRM. DATES: The NPRM published on June 9, 2008 at 73 FR 32515 is withdrawn as of March 30, 2009. FOR FURTHER INFORMATION CONTACT: Casey Symington, Attorney Advisor, Office of Chief Counsel, FRA, 1200 New Jersey Avenue, SE., RCC–20, Mail Stop 10, Washington, DC 20590 (telephone 202–493–6349). SUPPLEMENTARY INFORMATION: I. Background The NPRM was developed in order to ensure the long-term sustainability of the Railroad Rehabilitation and Improvement Financing (RRIF) Program, promote the competitiveness of the railroad industry, and reduce the risk of default for applicants and the Federal government (government). The NPRM proposed to accomplish these goals by adding additional eligibility and application content requirements to the existing RRIF regulations. However, during and after the formal comment period on the NPRM, FRA received adverse comments on its provisions. After reviewing these comments, FRA has determined that it has insufficient information to ensure that the proposed PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 provisions would achieve the stated goals of the NPRM or to ensure that the proposed provisions would not cause unintended consequences on the utilization of the RRIF program. Accordingly, FRA is withdrawing the NPRM. FRA received 21 written comments in response to the NPRM. All commenters opposed the NPRM. Nine commenters requested that it be withdrawn and three commenters requested that the NPRM be suspended or not implemented. The majority of comments raised concerns about the need and purpose of the rulemaking, the inability of the proposed rule to address the stated goals, the negative effect of the proposed rule on small entities and non-railroad entities, the increased costs and expense of complying with the proposed rule, the NPRM’s effect of limiting the availability of the RRIF program and the possible resulting reduction in rail infrastructure investment, possible contradictions of legislative intent, and potentially unclear language in several of the NPRM provisions. The comments thoughtfully addressed a number of issues raised through the NPRM, and FRA appreciates the time and effort put forth by those who commented. II. Reason for Withdrawal FRA has carefully reviewed the comments submitted pursuant to the NPRM. Based on our review of the comments, there is insufficient information at this time to assure a final rule with the proposed provisions would not have the unintended negative consequences anticipated by the commenters. FRA remains dedicated to ensuring responsible lending through the RRIF program. As such, this withdrawal does not preclude the agency from issuing a separate rulemaking concerning the program. Should FRA decide to undertake such a rulemaking in the future, FRA will re-propose actions and provide new opportunities for comment. III. The Withdrawal In consideration of the foregoing, the NPRM for FRA Docket No. FRA–2008– 0061, as published in the Federal Register on June 9, 2008 (73 FR 32515) is hereby withdrawn. Issued in Washington, DC, on March 24, 2009. Jo Strang, Acting Deputy Administrator. [FR Doc. E9–6940 Filed 3–27–09; 8:45 am] BILLING CODE 4910–06–P E:\FR\FM\30MRP1.SGM 30MRP1

Agencies

[Federal Register Volume 74, Number 59 (Monday, March 30, 2009)]
[Proposed Rules]
[Page 14104]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-6940]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 260

[Docket No. FRA-2008-0061, Notice No. 2]
RIN 2130-AB91


Railroad Rehabilitation and Improvement Financing Program

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

ACTION: Notice of proposed rulemaking (NPRM); withdrawal.

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SUMMARY: On June 9, 2008, FRA published an NPRM in the Federal Register 
proposing to amend the eligibility and application form and content 
criteria of the Railroad Rehabilitation and Improvement Finance (RRIF) 
Program. For the reasons stated below, FRA has decided to withdraw the 
NPRM.

DATES: The NPRM published on June 9, 2008 at 73 FR 32515 is withdrawn 
as of March 30, 2009.

FOR FURTHER INFORMATION CONTACT: Casey Symington, Attorney Advisor, 
Office of Chief Counsel, FRA, 1200 New Jersey Avenue, SE., RCC-20, Mail 
Stop 10, Washington, DC 20590 (telephone 202-493-6349).

SUPPLEMENTARY INFORMATION:

I. Background

    The NPRM was developed in order to ensure the long-term 
sustainability of the Railroad Rehabilitation and Improvement Financing 
(RRIF) Program, promote the competitiveness of the railroad industry, 
and reduce the risk of default for applicants and the Federal 
government (government). The NPRM proposed to accomplish these goals by 
adding additional eligibility and application content requirements to 
the existing RRIF regulations. However, during and after the formal 
comment period on the NPRM, FRA received adverse comments on its 
provisions. After reviewing these comments, FRA has determined that it 
has insufficient information to ensure that the proposed provisions 
would achieve the stated goals of the NPRM or to ensure that the 
proposed provisions would not cause unintended consequences on the 
utilization of the RRIF program. Accordingly, FRA is withdrawing the 
NPRM.
    FRA received 21 written comments in response to the NPRM. All 
commenters opposed the NPRM. Nine commenters requested that it be 
withdrawn and three commenters requested that the NPRM be suspended or 
not implemented. The majority of comments raised concerns about the 
need and purpose of the rulemaking, the inability of the proposed rule 
to address the stated goals, the negative effect of the proposed rule 
on small entities and non-railroad entities, the increased costs and 
expense of complying with the proposed rule, the NPRM's effect of 
limiting the availability of the RRIF program and the possible 
resulting reduction in rail infrastructure investment, possible 
contradictions of legislative intent, and potentially unclear language 
in several of the NPRM provisions.
    The comments thoughtfully addressed a number of issues raised 
through the NPRM, and FRA appreciates the time and effort put forth by 
those who commented.

II. Reason for Withdrawal

    FRA has carefully reviewed the comments submitted pursuant to the 
NPRM. Based on our review of the comments, there is insufficient 
information at this time to assure a final rule with the proposed 
provisions would not have the unintended negative consequences 
anticipated by the commenters.
    FRA remains dedicated to ensuring responsible lending through the 
RRIF program. As such, this withdrawal does not preclude the agency 
from issuing a separate rulemaking concerning the program. Should FRA 
decide to undertake such a rulemaking in the future, FRA will re-
propose actions and provide new opportunities for comment.

III. The Withdrawal

    In consideration of the foregoing, the NPRM for FRA Docket No. FRA-
2008-0061, as published in the Federal Register on June 9, 2008 (73 FR 
32515) is hereby withdrawn.

    Issued in Washington, DC, on March 24, 2009.
Jo Strang,
Acting Deputy Administrator.
 [FR Doc. E9-6940 Filed 3-27-09; 8:45 am]
BILLING CODE 4910-06-P
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