[Federal Register Volume 75, Number 232 (Friday, December 3, 2010)]
[Proposed Rules]
[Pages 75448-75449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30366]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Parts 209, 213, 214, 215, 217, 218, 219, 220, 221, 222, 223,
224, 225, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 238,
239, 240, and 241
[Docket No. FRA-2006-25274, Notice No. 3]
RIN 2130-ZA00
Revised Proposal for Revisions to the Schedules of Civil
Penalties for a Violation of a Federal Railroad Safety Law or Federal
Railroad Administration Safety Regulation or Order; Reopening and
Extending the Comment Period
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
[[Page 75449]]
ACTION: Reopening and extending the comment period.
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SUMMARY: Due to comments received from the Association of American
Railroads (AAR) during the initial comment period, FRA is reopening the
comment period for its proposal published on September 21, 2010. The
proposal, if adopted, would amend, line by line, FRA's schedules of
civil penalties issued as appendices to FRA's rail safety regulations,
as well as other guidance. AAR stated in its comments on the proposal
that FRA did not give the railroad industry adequate time to review all
the penalties listed in the proposal to determine if they match the
severity-scale criteria, which are also listed in the proposal.
Therefore, FRA is reopening and extending the comment period in order
to allow AAR more time to review the penalties in the severity scale
and to identify and comment more fully on which individual penalties do
not in its opinion satisfy the severity-scale criteria. FRA also seeks
further comments from other interested parties that were unable to
comment during the initial comment period. The comment period is
reopened until February 1, 2011.
DATES: Written comments must be received by February 1, 2011. Comments
received after that date will be considered to the extent possible
without incurring additional delay or expense.
ADDRESSES: Comments: Comments related to this Docket No. FRA 2006-
25274, Notice No. 3, may be submitted by any of the following methods:
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.
Monday through Friday, except Federal holidays.
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
Instructions: All submissions must include the agency name and
docket number or Regulatory Identification Number (RIN) for this
rulemaking. Note that all comments received will be posted without
change to http://www.regulations.gov including any personal information
provided.
Docket: For access to the docket to read background documents or
comments received go to http://www.regulations.gov at any time or to
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Ron Hynes, Director, Office of Safety
Compliance and Assurance, Office of Railroad Safety, FRA, 1200 New
Jersey Avenue, SE., Washington, DC 20590 (telephone 202-493-6404),
[email protected]; or Brian Roberts, Trial Attorney, Office of Chief
Counsel, FRA, 1200 New Jersey Avenue, SE., Mail Stop 10, Washington, DC
20590 (telephone 202-493-6052), [email protected].
SUPPLEMENTARY INFORMATION: FRA's proposal to amend, line by line, FRA's
schedules of civil penalties as well as other guidance was published on
September 21, 2010 (75 FR 57598). The initial comment period closed on
October 21, 2010. During this 30-day comment period, FRA received
comments from both AAR and The American Short Line and Regional
Railroad Association. In its comments, AAR provided examples of
penalties in the proposal that it believed did not match the severity-
scale criteria. However, AAR also stated that FRA did not give it
adequate time to review all the penalties in the proposal and determine
whether they matched the severity-scale criteria. Therefore, FRA is
reopening the comment period to allow AAR an opportunity to comment on
these perceived inconsistencies more fully. FRA will address all other
comments made during the initial and additional comment period in the
final statement of agency policy.
Privacy Act: FRA wishes to inform all potential commenters that
anyone is able to search the electronic form of all comments received
into any agency docket by the name of the individual submitting the
comment (or signing the comment, if submitted on behalf of an
association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the edition of the Federal Register
published on April 11, 2000 (65 FR 19477-78), or you may visit http://regulations.gov/search/footer/privacyanduse.jsp.
Issued in Washington, DC, on November 29, 2010.
Karen J. Rae,
Deputy Administrator.
[FR Doc. 2010-30366 Filed 12-2-10; 8:45 am]
BILLING CODE 4910-06-P