[Federal Register Volume 73, Number 230 (Friday, November 28, 2008)]
[Proposed Rules]
[Pages 72440-72441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28443]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 225

[Docket No. FRA-2006-26173, Notice No. 2]
RIN 2130-AB82


Miscellaneous Amendments to the Federal Railroad Administration's 
Accident/Incident Reporting Requirements

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Notice of public hearing and extension of comment period.

-----------------------------------------------------------------------

SUMMARY: By notice of proposed rulemaking (NPRM) published on September 
9, 2008 (73 FR 52496), FRA proposed revisions to its regulations 
governing railroad accident/incident recording and reporting. This 
document announces a public hearing to provide interested parties the 
opportunity to comment on the NPRM and announces a thirty (30) day 
extension of the comment period, which closed November 10, 2008, to 
commence on the date of the public hearing. This extension provides 
interested parties the opportunity to comment on the NPRM and to 
respond to matters that arise at the public hearing related to the 
NPRM.

DATES: (1) Public Hearing: A public hearing will be held on the date 
and at the location listed below to provide interested parties the 
opportunity to comment on the proposed revisions contained in the NPRM. 
A thirty (30) day extension of the comment period will commence on the 
date of the hearing. The date of the public hearing is as follows:
    Thursday, December 18, 2008, at 8:30 a.m. in Washington, DC.
    (2) Extension of Comment Period: The comment period will reopen 
Thursday, December 18, 2008 and written comments must be received by 
Friday, January 16, 2009. Comments received after that date will be 
considered to the extent possible without incurring additional expenses 
or delays.

ADDRESSES: (1) Public Hearing: The public hearing will be held at the 
following location:
    Washington, DC: Four Points by Sheraton, 1201 K Street, NW., 
Washington, DC 20005.
    (2) Extension of Comment Period: Comments related to Docket No. 
FRA-2006-26173, may be submitted by any of the following methods:
    1. Web site: Comments should be filed at the Federal eRulemaking 
Portal, http://www.regulations.gov. Follow the Web site's online 
instructions for submitting comments.
    2. Fax: 202-493-2251.
    3. Mail: U.S. Department of Transportation, Docket Operations, M-
30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, 
SE., W12-140, Washington, DC 20590.
    4. Hand Delivery: Room W12-140 on the Ground level of the West 
Building, 1200 New Jersey Avenue, SE., Washington, DC between 9 a.m. 
and 5 p.m. Monday through Friday, except Federal holidays.
    (3) Public Hearing Participants: Written notification of intent to 
participate in the public hearing and copies of oral statements must be 
submitted to the FRA Docket Clerk at FRA Docket Clerk, Office of Chief 
Counsel, Federal Railroad Administration, 1200 New Jersey Avenue, SE., 
W12-140, Washington, DC 20590 or faxed to (202) 493-2251.

FOR FURTHER INFORMATION CONTACT: Arnel B. Rivera, Staff Director, U.S. 
Department of Transportation, Federal Railroad Administration, Office 
of Safety Analysis, RRS-22, Mail Stop 25, Federal Railroad 
Administration, 1200 New Jersey, SE., Washington, DC 20590 (telephone 
202-493-1331); or Gahan Christenson, Trial Attorney, Office of Chief 
Counsel, Mail Stop 10, Federal Railroad Administration, 1200 New 
Jersey, SE., Washington, DC 20590 (telephone 202-493-1381).

SUPPLEMENTARY INFORMATION: FRA has received written comments submitted 
by interested parties related to various parts of the NPRM and a 
written request for a hearing on the NPRM. The purpose of the public 
hearing is to permit the exchange of information and concerns regarding 
FRA's proposed amendments. The public hearing is meant to allow 
interested parties to fully develop and articulate the issues and 
concerns they have with the NPRM so that these concerns can be fully 
addressed in any final rule that is developed. Interested parties are 
invited to present oral statements and proffer evidence at the hearing. 
The hearing will be informal and will be conducted by a

[[Page 72441]]

representative designated by FRA in accordance with FRA's Rules of 
Practice (49 CFR 211.25). The hearing will be non-adversarial 
proceeding; therefore, there will be no cross examination of persons 
presenting statements or proffering evidence. An FRA representative 
will make an opening statement outlining the scope of the hearing. 
After all initial statements have been completed, those persons wishing 
to make a brief rebuttal will be given the opportunity to do so in the 
same order in which the initial statements were made. Additional 
procedures, as necessary for the conduct of the hearing, will be 
announced at the hearing.
    On December 18, 2008, the comment period for the NPRM will reopen 
for thirty (30) days so that the FRA can make the public hearing 
transcript available for review and comment by the general public, 
interested parties can provide additional comments and documents 
related to the NPRM, and interested parties can provide responses to 
matters that arise at the public hearing.

Public Participation Procedures

    Any person wishing to participate in the public hearing should 
notify the FRA Docket Clerk by mail at the address or by fax at the 
number provided in the ADDRESSES section at least five (5) working days 
prior to the date of the hearing and submit three copies of the oral 
statement that he or she intends to make at the proceeding. 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 with the participant's mailing 
address and other contact information. FRA reserves the right to limit 
participation in the hearings of persons who fail to provide such 
notification.

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 Federal Register published on April 11, 2000 (Volume 65, Number 70; 
Pages 19477-78) or you may visit http://dms.dot.gov.

    Issued in Washington, DC, on November 24, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
 [FR Doc. E8-28443 Filed 11-26-08; 8:45 am]
BILLING CODE 4910-06-P