[Federal Register Volume 64, Number 76 (Wednesday, April 21, 1999)]
[Proposed Rules]
[Page 19512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9798]



Federal Railroad Administration

49 CFR Part 244

[FRA Docket No. 1999-4985, Notice No. 3]
Surface Transportation Board

49 CFR Part 1106

[STB Ex Parte No. 574]
RIN 2130-AB24

Regulations on Safety Integration Plans Governing Railroad 
Consolidations, Mergers, Acquisitions of Control, and Start Up 
Operations; and Procedures for Surface Transportation Board 
Consideration of Safety Integration Plans in Cases Involving Railroad 
Consolidations, Mergers, and Acquisitions of Control

AGENCIES: Federal Railroad Administration, DOT, Surface Transportation 

ACTION: Notice of proposed rulemaking; date and location of public 
hearing; extension of comment period.


SUMMARY: By notice of proposed rulemaking (NPRM) published on December 
31, 1998 (63 FR 72225), the Federal Railroad Administration (FRA) and 
the Surface Transportation Board (STB or Board) proposed a joint rule 
establishing procedures for developing and implementing safety 
integration plans by railroads proposing to engage in certain specified 
merger, consolidation, or acquisition of control transactions with 
another railroad. In that notice, the agencies announced that they did 
not intend to convene a public hearing on the rulemaking action, but 
invited interested persons to request a public hearing to enable them 
to comment on issues addressed in the NPRM. One commenter timely filed 
a request for a public hearing, and pursuant to that request, FRA and 
the Board have agreed to convene a public hearing as an opportunity for 
oral comment. Consistent with this decision, FRA and the STB also will 
extend the comment period to the date of the public hearing to solicit 
additional written comments on the respective proposed rules. The 
agencies request interested persons not to re-submit comments or 
arguments advanced during the first comment period.

DATES: Comments: Submit written comments on or before May 4, 1999.
    Public Hearing: The public hearing will be held on Tuesday, May 4, 
1999, beginning at 9:00 a.m., in Washington, DC Any person wishing to 
participate in the public hearing should notify both the FRA Docket 
Clerk ((202) 493-6030 or by mail) and the STB Secretary ((202) 565-1650 
or by mail) at least five working days before the date of the hearing, 
and submit 10 copies of the oral statement that he or she intends to 
make at the hearing. The notification should identify the party the 
person represents and the particular subject(s) the person plans to 
address. The notification should also provide the FRA Docket Clerk and 
the STB Secretary with the participant's mailing address. FRA and the 
Board reserve the right to limit participation in the hearing by 
persons who fail to provide such notification.

ADDRESSES: (1) FRA Docket Clerk: Submit one copy of the notification 
identifying the docket number to the Department of Transportation 
Central Docket Management Facility located in room PL-401 at the Plaza 
level of the Nassif Building, 400 Seventh Street, S.W., Washington, DC 
20590. All docket material on the FRA rule will be available for 
inspection at this address and on the Internet at http://dms.dot.gov. 
(Docket hours at the Nassif Building are Monday-Friday, 10 a.m. to 5 
p.m., excluding Federal holidays.)
    (2) The STB Secretary: Send an original and 10 paper copies 
referring to STB Ex Parte No. 574 to Office of the Secretary, Case 
Control Unit, Surface Transportation Board, 1925 K Street, NW, 
Washington DC 20423. In addition to paper copies, each party must also 
submit its respective notification and pleadings to the Board on a 3.5-
inch diskette formatted for WordPerfect 7.0 (or in a format readily 
convertible into WordPerfect 7.0). All such pleadings will be posted on 
the Board's website (http://www.stb.dot.gov).
    (3) Public Hearing: The venue for the public hearing scheduled for 
May 4, 1999, will be at the Nassif Building, 400 Seventh Street, S.W., 
Room 2230, in Washington DC.
    (4) Written Comments: The procedures for filing written comments 
with FRA and the Board are the same as provided in the NPRM published 
on December 31, 1998. 63 FR 72225 (December 31, 1998).

FOR FURTHER INFORMATION CONTACT: Jon Kaplan, Trial Attorney, Office of 
Chief Counsel, FRA, 1120 Vermont Avenue, Mailstop 10, Washington, DC 
20590 (telephone: (202) 493-6053); or Evelyn G. Kitay, Office of the 
General Counsel, STB, 1925 K Street, NW, Washington, DC 20423 
(telephone: (202) 565-1563) [TDD for the hearing impaired: (202) 565-

    Issued in Washington, DC, on April 12, 1999.
Jolene Molitoris,
Federal Railroad Administrator.

    Decided: April 7, 1999.

    By the Board, Chairman Morgan, Vice Chairman Clyburn, and 
Commissioner Burkes.
Vernon A. Williams,
[FR Doc. 99-9798 Filed 4-20-99; 8:45 am]