Local Rail Freight Assistance to States

---
identifier: "/us/fr/03-8283"
source: "fr"
legal_status: "authoritative_unofficial"
title: "Local Rail Freight Assistance to States"
title_number: 0
title_name: "Federal Register"
section_number: "03-8283"
section_name: "Local Rail Freight Assistance to States"
positive_law: false
currency: "2003-04-07"
last_updated: "2003-04-07"
format_version: "1.1.0"
generator: "[email protected]"
agency: "Transportation Department"
document_number: "03-8283"
document_type: "proposed_rule"
publication_date: "2003-04-07"
agencies:
  - "Transportation Department"
  - "Federal Railroad Administration"
cfr_references:
  - "49 CFR Part 266"
rin: "2130-AA60"
fr_citation: "68 FR 16753"
fr_volume: 68
docket_ids:
  - "FRA Docket No. 3R-1979-1, Notice No. 3"
fr_action: "Proposed rules; withdrawal."
---


#  Local Rail Freight Assistance to States

**AGENCY:**

Federal Railroad Administration (FRA), DOT.

**ACTION:**

Proposed rules; withdrawal.

**SUMMARY:**

The FRA is withdrawing a notice of proposed rulemaking (NPRM) addressing the Local Rail Freight Assistance Program. In its NPRM published on November 30, 1990, 55 FR 49648, FRA proposed to modify 49 CFR part 266, which implements the agency's Local Rail Freight Assistance Program. Since the Administration has not requested, and the Congress has not provided, any appropriations for that program since 1995, and no new appropriations are anticipated, the proposed amendments are no longer necessary.

**FOR FURTHER INFORMATION CONTACT:**

Joseph Pomponio, Senior Attorney, Office of Chief Counsel. FRA, 1120  Vermont Avenue, NW., Washington, DC 20590.

**SUPPLEMENTARY INFORMATION:**

Section 5 of the Department of Transportation Act (49 U.S.C. 1654 *et seq.* ) establishes a program of federal grants to states to fund local rail freight assistance projects. The regulations implementing section 5 of the Act are contained in 49 CFR part 266. The Local Rail Service Reauthorizing Act, Public Law No. 101-213 (Dec. 11, 1989) (“Reauthorizing Act”) amended section 5 of the Act in several ways. The proposed amendment of part 266 was to reflect those amendments enacted by the Reauthorizing Act. However, the Administration has not requested, and the Congress has not provided, any appropriations for that program since 1995. As a result no new funding has been made available to recipients since that time and none is anticipated. Since no further funding is anticipated for the program, the proposed amendments to part 266 are no longer necessary.

*Conclusion:* Based on the foregoing, FRA is withdrawing the NPRM.

Issued in Washington, DC on March 31, 2003.

Allan Rutter,

Administrator.