[Federal Register Volume 77, Number 170 (Friday, August 31, 2012)]
[Proposed Rules]
[Page 53164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21585]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 214

[Docket No. FRA-2008-0059, Notice No. 6]
RIN 2130-AC37


Railroad Workplace Safety; Adjacent-Track On-Track Safety for 
Roadway Workers

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

ACTION: Petitions for reconsideration; response status.

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SUMMARY: This document provides notice that, due to the complex issues 
raised in both the petitions for reconsideration of the final rule 
published November 30, 2011, and the comments received on the 
petitions, FRA continues to formulate an appropriate response to the 
petitions and comments. FRA's response will be published as soon as 
practicable and will be filed in the same docket.

FOR FURTHER INFORMATION CONTACT: Kenneth Rusk, Staff Director, Track 
Division, Office of Safety Assurance and Compliance, FRA, 1200 New 
Jersey Avenue SE., RRS-15, Mail Stop 25, Washington, DC 20590 
(telephone 202-493-6236); or Anna Winkle, Trial Attorney, Office of 
Chief Counsel, FRA, 1200 New Jersey Avenue SE., RCC-12, Mail Stop 10, 
Washington, DC 20590 (telephone 202-493-6166 or 202-493-6052).

SUPPLEMENTARY INFORMATION: On November 30, 2011, FRA published a final 
rule concerning adjacent-track on-track safety for roadway workers. See 
Docket No. FRA-2008-0059, Notice No. 4 at 76 FR 74586. In response, FRA 
received two petitions for reconsideration (Petitions) that raised 
substantive issues. One of the Petitions included a request for a delay 
in the effective date of the final rule until July 1, 2013.
    On March 8, 2012, FRA published a final rule delaying the effective 
date of the November 30, 2011, final rule until July 1, 2013, and 
establishing a 60-day comment period in order to permit interested 
parties an opportunity to respond to the Petitions. See 77 FR 13978. 
FRA received five comments on the Petitions, some of which raise 
additional substantive issues or provide further detailed information 
on the issues already raised. The Petitions and comments on the 
Petitions are available for review in the docket for this rulemaking, 
and have been assigned identification numbers of FRA-2008-0059-0031 and 
FRA-2008-0059-0032, for the Petitions, and identification numbers of 
FRA-2008-0059-0034, FRA-2008-0059-0035, FRA-2008-0059-0036, FRA-2008-
0059-0037, and FRA-2008-0059-0038, for the comments on the Petitions.
    Due to the complex issues raised and extensive estimates provided 
in the Petitions and comments, FRA continues to formulate an 
appropriate response. FRA's response to the Petitions and comments will 
be published as soon as practicable and will be filed in the same 
docket.

    Issued in Washington, DC, on August 27, 2012.
Jo Strang,
Associate Administrator for Railroad Safety/Chief Safety Officer.
[FR Doc. 2012-21585 Filed 8-30-12; 8:45 am]
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