[Federal Register Volume 76, Number 131 (Friday, July 8, 2011)]
[Proposed Rules]
[Pages 40320-40321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-16983]


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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Chapter II

[Docket No. FRA-2009-0038]
RIN 2130-AC11


Risk Reduction Program

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

ACTION: Notice of public hearings.

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

SUMMARY: FRA is announcing public hearings to provide interested 
persons an opportunity to discuss the development of a regulation 
requiring certain railroads to develop a Risk Reduction Program (RRP). 
The Rail Safety Improvement Act of 2008 requires the development and 
implementation of railroad safety risk reduction programs. Risk 
reduction is a comprehensive, system-oriented approach to safety that 
(1) determines an operation's level of risk by identifying and 
analyzing applicable hazards and (2) develops plans to mitigate that 
risk. Each RRP is statutorily required to be supported by a risk 
analysis and a Risk Reduction Program Plan (RRPP), which must include a 
Technology Implementation Plan and a Fatigue Management Plan.

DATES: To encourage participation, two public hearings will be held. A 
public hearing will be held on July 19, 2011, in Chicago, and a public 
hearing will be held on July 21, 2011, in Washington, DC. At both 
locations, the times of the public hearings will be from 9 a.m. to 4 
p.m.

ADDRESSES: Public Hearings. The public hearing in Chicago will be held 
at the W Chicago City Center Hotel located at 172 West Adams, in the 
Great Room I, Plateau. The public hearing in Washington, DC, will be 
held at the Doubletree Hotel located at 1515 Rhode Island Avenue, NW., 
in the Terrace Ballroom.
    Attendance: Any persons wishing to make a statement at the hearing 
should notify FRA's Docket Clerk, Michelle Silva, by telephone, e-mail, 
or in writing, at least five business days before the date of the 
hearing. Ms. Silva's contact information is as follows: FRA, Office of 
Chief Counsel, Mail Stop 10, 1200 New Jersey Avenue, SE., Washington, 
DC 20590; telephone: 202-493-6030; e-mail: [email protected]. For 
information on facilities or services for persons with disabilities or 
to request special assistance at the meetings, please contact by 
telephone or e-mail as soon as possible, Wendy A. Noble Burns at 202-
493-6304 or [email protected].

FOR FURTHER INFORMATION CONTACT: Miriam Kloeppel, Staff Director, Risk 
Reduction Program Division, Office of Safety Analysis, FRA, 1200 New 
Jersey Avenue, SE., Mail Stop 25, Washington, DC 20590; telephone: 202-
493-6224; e-mail: [email protected]; or Matthew L. Navarrete, 
Trial Attorney, Office of Chief Counsel, FRA, 1200 New Jersey Avenue, 
SE., Mail Stop 10, Washington, DC 20590; telephone: 202-493-0138; e-
mail: [email protected].

SUPPLEMENTARY INFORMATION: Interested parties are invited to present 
oral statements and to proffer information and views at the hearings. 
The hearings will be informal and will be conducted by a representative 
designated by FRA in accordance with FRA's Rules of Practice (49 CFR 
211.25). The hearings will be non-adversarial proceedings; 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 each 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 hearings, will be announced at the 
hearings. The purpose of these hearings is to receive oral comments in 
response to an Advanced Notice of Proposed Rulemaking (ANPRM) that 
requested public comment on a potential risk reduction rulemaking. See 
75 FR 76345-76351, Dec. 8, 2010. A transcript of the discussions will 
be made part of the public docket in this proceeding.
    Public Participation Procedures. Any person wishing to participate 
in one of the public hearings should notify the Docket Clerk by mail or 
at the address or fax number provided in the Attendance section at 
least five 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, the particular subject(s) the person plans to address, and 
the time requested. The notification should also provide the 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. FRA reserves 
the right to limit the duration of presentations if necessary to afford 
all persons with the opportunity to speak.

Background

    In Sec.  103 of the Rail Safety Improvement Act of 2008, Public Law 
110-432, 122 Stat. 4854 (Oct. 16, 2008) (codified at 49 U.S.C. 20156) 
(hereinafter RSIA), Congress directed the Secretary of Transportation 
to issue a regulation by October 16, 2012, requiring certain railroads 
to develop an RRP. While the statute vests certain responsibilities 
with the Secretary of the U.S. DOT (Secretary), the Secretary has since 
delegated those responsibilities to the FRA Administrator. See 49 CFR 
1.49(oo); 74 FR 26981 (June 5, 2009); see also 49 U.S.C. 103(g).
    Each railroad subject to the regulation would have to develop and 
implement an RRP approved by FRA. See 49 U.S.C. 20156(a)(1). This RRP 
is required to be supported by an RRPP. See 49 U.S.C. 20156(d)(2). FRA 
would conduct an annual review to ensure that each railroad has 
complied with its RRP. See 49 U.S.C. 20156(a)(3). The RSIA mandates 
that the following three categories of railroads be required to develop 
and implement an FRA-approved RRP:
    (1) Class I railroads;
    (2) Railroad carriers with inadequate safety performance, as 
determined by the Secretary; and
    (3) Railroad carriers that provide intercity rail passenger or 
commuter rail passenger transportation (passenger railroads).

See 49 U.S.C. 20156(a)(1).

    Railroads not required to implement RRPs under the RSIA would be 
permitted to voluntarily submit plans meeting the requirements of any 
final RRP regulation for FRA review and approval. See 49 U.S.C. 
20156(a)(4).
    On December 8, 2010, FRA published an ANPRM soliciting public 
comment on how FRA can best develop a risk reduction regulation based 
upon the RSIA's requirements. See 75 FR 76345-76351. The ANPRM 
discussed certain major components that must be included in the final 
rule under the RSIA and identified various approaches that FRA could 
take in developing the rule. The purpose of these hearings is to

[[Page 40321]]

receive oral comment in response to the issues discussed in the ANPRM.
    FRA encourages all interested persons to participate in one of 
these hearings, at the addresses noted above. We encourage participants 
wishing to make oral statements to plan on attending an entire hearing, 
since FRA may not be able to accommodate competing requests to appear 
at specific times.

    Issued in Washington, DC, on June 29, 2011.
Jo Strang,
Associate Administrator for Railroad Safety/Chief Safety Officer, 
Federal Railroad Administration.
[FR Doc. 2011-16983 Filed 7-7-11; 8:45 am]
BILLING CODE 4910-06-P