[Federal Register Volume 63, Number 215 (Friday, November 6, 1998)]
[Proposed Rules]
[Pages 59928-59929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29897]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 243

[FRA Docket No. HST-1; Notice No. 2]
RIN 2130-AB14


FOX High Speed Rail Safety Standards

AGENCY: Federal Railroad Administration (FRA), DOT.

ACTION: Notice of Public Regulatory Conference.

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[[Page 59929]]

SUMMARY: By notice of proposed rulemaking (NPRM) published on December 
12, 1997 (62 FR 65478), FRA proposed safety standards for the Florida 
Overland eXpress (FOX), a high speed rail system planned for 
development in Florida. This document announces a public regulatory 
conference to address specific issues, set forth below, that are 
related the NPRM and comments FRA has received in response to the NPRM.

DATES: FRA will host a public regulatory conference on November 23, 
1998 at 10:00 a.m. Any interested party who desires to attend or 
participate in the conference must notify FRA's Docket Clerk in writing 
on or before November 17, 1998.

ADDRESSES: Regulatory Conference: The regulatory conference will take 
place in Conference Area 1, Seventh Floor, 1120 Vermont Avenue, NW, 
Washington, D.C.
    Docket Clerk: Written notification to FRA's Docket Clerk must 
identify the docket number, the participant's or attendee's name, 
address, and phone number. Each notification must be submitted in 
triplicate to the Docket Clerk, Office of Chief Counsel, Federal 
Railroad Administration, RCC-10, 400 Seventh Street, S.W., Stop 10, 
Washington, D.C. 20590.

FOR FURTHER INFORMATION CONTACT: Christine Beyer, Trial Attorney, 
Office of the Chief Counsel, RCC-11, 400 Seventh Street, S.W., Stop 10, 
Washington, D.C. 20950 (telephone 202-493-6027).

SUPPLEMENTARY INFORMATION: FRA published its NPRM for the proposed FOX 
high speed rail system on December 12, 1997. At that time, FRA provided 
all interested parties the opportunity to request a public hearing to 
discuss the NPRM. However, FRA did not receive any requests for a 
public hearing, and so none was held. FRA received written comments 
from the Florida Department of Transportation (FDOT) and FOX (filed 
jointly and referred to hereafter FDOT/FOX), the Brotherhood of 
Maintenance of Way Employes, Simula Technologies, Inc., the Association 
of American Railroads, GE Plastics, Atohaas Americas, Inc., and the 
American Public Transit Association.
    FRA is in the process of analyzing all comments received to 
determine how the agency should proceed with final standards in this 
matter. As part of that analysis, FRA has determined that additional 
information is necessary in order for the agency to respond fully and 
accurately to all commenters. In particular, FRA believes it is 
necessary to explore the basis on which FDOT/FOX claim that the 
standards proposed in the NPRM are unduly costly. FRA's mission is to 
provide a very high level of safety without imposing needless financial 
burden, and so this claim is one the agency intends to investigate 
thoroughly. FRA requested detailed information from FOX in this regard, 
by letter dated October 23, 1998, and FOX responded to the requests in 
two letters, dated November 2 and 3, 1998. (Copies of these letters are 
in the docket of this matter.) FRA plans to discuss these areas further 
at the regulatory conference.
    The conference will be conducted on the record, with a stenographer 
present, in question and answer format. While the format will be 
conversational to some degree, it is important to note that the 
conference will not be an opportunity for participants to question FRA 
staff on the reasoning behind all standards proposed in the NPRM, or to 
issue broad opinions about the NPRM. FRA provided rationale for the 
proposed standards in the preamble and section-by-section analysis of 
the NPRM, and that document speaks for itself. In addition, a public 
hearing is the appropriate forum for presenting broad opinions about 
the proposed rule, and interested parties chose not to avail themselves 
of the opportunity for a public hearing. It is also important to note 
that FRA has reviewed all comments received, and so there is no need 
for participants to restate what they have already submitted in written 
comments. FRA is hosting the regulatory conference in order to focus 
narrowly on particular aspects of the NPRM and comments received. The 
FOX representatives should be prepared to discuss the following topics:
     All assumptions made in the calculation of each cost 
estimate listed in the chart on page 9 of Section 3.0 of the FDOT/FOX 
comments, and the error factor built into these assumptions and costs; 
and
     All assumptions made in the project revenue model and the 
error factor incorporated in the model.
    In addition, FRA may have additional questions about specific 
aspects of the FDOT/FOX comments.

Public Participation Procedures

    Any person wishing to participate or attend the public regulatory 
conference should notify the Docket Clerk by mail at the address 
provided in the ADDRESSES section on or before November 17, 1998. The 
notification should identify the participant's and attendee's name, and 
the party the participant represents (if any). The notification must 
provide the Docket Clerk with the participant's and attendee's mailing 
address and phone number. FRA reserves the right to limit the 
participation of individuals who fail to provide such notification.

    Issued in Washington, D.C., on November 3, 1998.
S. Mark Lindsey,
Chief Counsel.
[FR Doc. 98-29897 Filed 11-4-98; 10:35 am]
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