Rail Fixed Guideway Systems; State Safety Oversight

The Federal Transit Administration (FTA) is withdrawing the direct final rule that revised the definition of "accident" as used in 49 CFR part 659 due to the receipt of adverse comments. FTA noted in the direct final rule published in the Federal Register on April 3, 2002 (67 FR 15725) that the rule would be withdrawn and would not take effect if an adverse comment was received on or before June 3, 2002. The Missouri Department of Economic Development, Division of Motor Carrier and Railroad Safety submitted an adverse comment dated May 30, 2002; therefore, the direct final rule will not become effective on July 2, 2002. FTA is reviewing 49 CFR part 659 and plans to publish a notice of proposed rulemaking in November 2002.