[Federal Register Volume 64, Number 85 (Tuesday, May 4, 1999)]
[Proposed Rules]
[Pages 23816-23817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11189]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Parts 229, 231, and 232

[FRA Docket No. PB-9; Notice No. 16]
RIN 2130-AB16


Brake System Safety Standards for Freight and Other Non-Passenger 
Trains and Equipment

AGENCY: Federal Railroad Administration (FRA), DOT.

ACTION: Notice of public meeting.

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SUMMARY: By notice of proposed rulemaking (NPRM) published on September 
9, 1998 (63 FR 48294), FRA proposed revisions to the regulations 
governing the power braking systems and equipment used in freight and 
other non-passenger railroad train operations. This document announces 
a public meeting to discuss specific issues related to FRA's collection 
of data concerning inspections and defects and the use of defect ratios 
based upon that data, and the impact that information may have on the 
proposed rule.

DATES: Public Meeting: A public meeting will be held on the date and at 
the location listed below to provide interested parties the opportunity 
to discuss FRA's collection of inspection and defect data and the 
calculation of defect ratios relevant to this NPRM. The date of the 
public hearing is as follows:
    Thursday, May 27, 1999 at 10:00 a.m. in Washington D.C.

ADDRESSES: (1) Public Meeting: The public meeting will be held at the 
following location: Washington, D.C.: Conference Area 1, Seventh Floor, 
1120 Vermont Avenue, N.W., Washington, D.C.
    (2) Docket Clerk: Written notification to FRA's Docket Clerk must 
identify the docket number, and the name, address, and phone number of 
the participant or attendee. 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: John Leeds, Director, Office of 
Safety Analysis, RRS-20, 400 Seventh Street, S.W., Stop 25, Washington, 
D.C. 20950 (telephone 202-493-6211), or Thomas Herrmann, Trial 
Attorney, Office of the Chief Counsel, RCC-10, 400 Seventh Street, 
S.W., Stop 10, Washington, D.C. 20950 (telephone 202-493-6053).

SUPPLEMENTARY INFORMATION: At the public hearings and technical 
conference conducted in relation to the NPRM and in written comments 
submitted subsequent to the public hearings and technical conference, 
comments were received from some parties which raised concerns 
regarding FRA's collection of data related to FRA's inspection activity 
and the number of conditions not in compliance with Federal regulations 
found during that inspection activity. The comments and correspondence 
received allege that there are substantial problems with FRA's 
database, that there has been substantial overreporting of the number 
of units inspected, and that there has been a systematic deflation of 
defect ratios. As the allegations and concerns raised to date have been 
general in nature and because the comment period in this proceeding 
closed March 1, 1999, FRA believes it is prudent and necessary to 
conduct a public meeting, on the record, to allow interested parties to 
fully explain and discuss their concerns. Although many of the concerns 
appear to involve more than the estimation of power brake defect 
ratios, which is the focus of this rulemaking, FRA believes that this 
is the appropriate forum to develop the issues and concerns.
    The purpose of the public meeting is to permit the exchange of 
information and concerns regarding FRA's database and the information 
developed from that database. One purpose of the meeting is to allow 
FRA to provide information regarding its internal review of the data 
and address some of the concerns raised to date, particularly as it 
relates to the estimation of power brake defect ratios discussed in the 
NPRM. A second purpose is to allow interested parties to fully develop 
and articulate the issues and concerns they have with the data gathered 
and presented by FRA so that these concerns can be fully addressed in 
any final rule that is developed. It should be noted that the meeting 
is not intended to allow participants to cross-examine FRA or other 
participants on either the content of the NPRM or positions taken with 
regard to the issues or data presented.

Public Participation Procedures

    Any person wishing to attend the public meeting should notify the 
Docket Clerk by mail at the address provided in the ADDRESSES section 
at least five

[[Page 23817]]

working days prior to the date of the meeting and submit three copies 
of the issues he or she wishes to raise at the meeting. The 
notification should identify the party the person represents, and the 
particular subject(s) the person plans to raise. The notification 
should also provide the Docket Clerk with the participant's mailing 
address. FRA reserves the right to limit participation in the meeting 
of persons who fail to provide such notification.

    Issued in Washington, D.C., on April 29, 1999.
George A. Gavalla,
Associate Administrator for Safety.
[FR Doc. 99-11189 Filed 5-3-99; 8:45 am]
BILLING CODE 4910-06-U