State Highway-Rail Grade Crossing Action Plans; Correction

Published date23 February 2021
Citation86 FR 10857
Record Number2021-03229
SectionRules and Regulations
CourtFederal Railroad Administration
10857
Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Rules and Regulations
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
§ 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 § 234.11; there is no
paragraph (d)(2) in § 234.11. Therefore,
FRA is issuing this correction amending
paragraph § 234.11(d) to refer to the
actual regulatory provision
(§ 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
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.
2. In § 234.11, revise paragraph (d) to
read as follows:
§ 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
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 210205–0012]
RIN 0648–BJ50
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
Salmon Bycatch Minimization
AGENCY
: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce.
ACTION
: Final rule.
SUMMARY
: This rule implements salmon
bycatch minimization measures to
minimize incidental take of Endangered
Species Act-listed salmon by vessels in
the Pacific Coast groundfish fishery. The
rule establishes additional management
tools to minimize incidental Chinook
and coho salmon bycatch to keep
fishery sectors within guidelines,
establishes rules to allow industry to
access the Chinook salmon bycatch
reserve, and creates Chinook salmon
bycatch closure thresholds for the trawl
fishery. This rule fulfills the terms and
conditions of a 2017 National Marine
Fisheries Service Biological Opinion.
This rule is intended to promote the
goals and objectives of the Magnuson-
Stevens Fishery Conservation and
Management Act, the Pacific Coast
Groundfish Fishery Management Plan,
and other applicable laws, including the
Endangered Species Act.
DATES
: This final rule is effective March
25, 2021.
ADDRESSES
: This rule is accessible via
the Office of the Federal Register
website at https://
www.federalregister.gov/. Background
information and documents, including a
Biological Opinion and a Regulatory
Impact Review (RIR)/Initial Regulatory
Flexibility Analysis (IRFA) (Analysis),
which addresses the statutory
requirements of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act), Executive
Order 12866, and the Regulatory
Flexibility Act (RFA), are available at
the NMFS West Coast Region website at
https://www.fisheries.noaa.gov/region/
west-coast and at the Pacific Fishery
Management Council’s (Council)
website at http://www.pcouncil.org.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this final rule
may be submitted to Barry A. Thom,
Regional Administrator, West Coast
Region, NMFS, 7600 Sand Point Way
NE, Seattle, WA 98115–0070. Attn:
Brian Hooper, and to www.reginfo.gov/
public/do/PRAMain.
FOR FURTHER INFORMATION CONTACT
:
Brian Hooper, phone: (206) 526–6117,
or email: brian.hooper@noaa.gov.
SUPPLEMENTARY INFORMATION
:
Background
The purpose of this final rule is to
minimize interactions between
Endangered Species Act (ESA)-listed
salmon species and Pacific Coast
groundfish fishing gear. On the West
Coast, vessels fishing under the Pacific
Coast Groundfish Fishery Management
Plan (FMP) use gear types (e.g.
midwater and bottom trawl, fixed gear,
and hook-and-line) that interact with
listed Evolutionary Significant Units
(ESUs) of coho and Chinook salmon.
The seasonality and geographic extent,
including fishing depth and north/south
distribution of the different target
strategies and gear types, result in
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