Proposed Rule2022-23418
Train Crew Size Safety Requirements
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 27, 2022
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
On July 28, 2022, FRA published a notice of proposed rulemaking (NPRM) that would establish minimum safety requirements for the size of train crews, depending on the type of operation. FRA is announcing a public hearing to allow interested persons the opportunity to provide comments on the proposal. FRA is also announcing a second extension of the comment period, providing an 86-day extension to the original comment period, to allow time for interested parties to submit comments on the proposal or in response to views or information provided at the public hearing.
Full Text
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<title>Federal Register, Volume 87 Issue 207 (Thursday, October 27, 2022)</title>
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[Federal Register Volume 87, Number 207 (Thursday, October 27, 2022)]
[Proposed Rules]
[Pages 65021-65022]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23418]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 218
[Docket No. FRA-2021-0032, Notice No. 3]
RIN 2130-AC88
Train Crew Size Safety Requirements
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Proposed rulemaking; announcement of public hearing and
extension of comment period.
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SUMMARY: On July 28, 2022, FRA published a notice of proposed
rulemaking (NPRM) that would establish minimum safety requirements for
the size of train crews, depending on the type of operation. FRA is
announcing a public hearing to allow interested persons the opportunity
to provide comments on the proposal. FRA is also announcing a second
extension of the comment period, providing an 86-day extension to the
original comment period, to allow time for interested parties to submit
comments on the proposal or in response to views or information
provided at the public hearing.
DATES:
(1) A public hearing will be held on December 14, 2022, from 9:30
a.m. (ET) to 4 p.m. (ET) in Washington, DC and through one or more
internet links.
(2) Comments: The comment period for the proposed rule published
Jul. 28, 2022, at 87 FR 45564, is extended. Comments on the proposed
rule or in response to views or information provided at the public
hearing should be received on or before December 21, 2022. FRA will
consider comments received after that date to the extent practicable.
ADDRESSES:
Public Hearing: The public hearing will allow for participation in-
person or virtually. For those participants that prefer to appear in
person, the public hearing will be held at the National Association of
Home Builders, located at 1201 15th Street NW, Washington, DC 20005.
For those participants wishing to make a statement at the public
hearing, either in-person or virtually, please contact FRA as described
under the Public Participation Procedures heading in the SUPPLEMENTARY
INFORMATION section of this document. Any person who wants to
participate or observe the public hearing virtually can visit
<a href="http://www.railroads.dot.gov/train-crew-staffing-nprm">www.railroads.dot.gov/train-crew-staffing-nprm</a> for the web address and
hyperlink.
Comments: Comments related to Docket No. FRA-2021-0032 may be
submitted by going to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and following the
online instructions for submitting comments.
Instructions: All submissions must include the agency name, docket
number (FRA-2021-0032), and Regulatory Identification Number (RIN) for
this rulemaking (2130-AC88). All comments received will be posted
without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>; this includes any
personal information. Please see the Privacy Act heading in the
SUPPLEMENTARY INFORMATION section of this document for Privacy Act
information related to any submitted comments or materials.
Docket: For access to the docket to read background documents or
comments received, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and follow the
online instructions for accessing the docket.
FOR FURTHER INFORMATION CONTACT: Kevin Lewis, Operating Crew
Certification Specialist, Federal Railroad Administration, telephone:
918-557-0651, email: <a href="/cdn-cgi/l/email-protection#630806150a0d4d0f06140a1023070c174d040c15"><span class="__cf_email__" data-cfemail="2b404e5d424505474e5c42586b4f445f054c445d">[email protected]</span></a>; or Alan Nagler, Senior
Attorney, Federal Railroad Administration, telephone: 202-493-6038,
email: <a href="/cdn-cgi/l/email-protection#c6a7aaa7a8e8a8a7a1aaa3b486a2a9b2e8a1a9b0"><span class="__cf_email__" data-cfemail="c4a5a8a5aaeaaaa5a3a8a1b684a0abb0eaa3abb2">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Interested parties are invited to present
statements and to offer information and views at the hearing. The
hearing will be informal and will be conducted by a representative FRA
designates under FRA's Rules of Practice (49 CFR 211.25). The hearing
will be a non-adversarial proceeding. Therefore, there will be no
cross-examination of persons presenting statements or offering
information. An FRA representative will make an opening statement
outlining the scope of the hearing. After all initial statements are
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. FRA will announce any additional procedures
necessary at the hearing. The purpose of this hearing is to receive
comments in response to an NPRM that requested public comment on a
potential train crew size safety requirements rulemaking. 87 FR 45564
(Jul. 28, 2022). There will be a court reporter to record and
transcribe comments presented verbatim at the hearing. FRA will add the
verbatim transcript of the discussions to the public docket in this
proceeding.
Public Participation Procedures
Any person: (1) wishing to attend the hearing in person, (2) make a
statement at the hearing either in-person or virtually, or (3) both,
should notify FRA by contacting Mr. Patrick Hogan, Transportation
Analyst, by email at <a href="/cdn-cgi/l/email-protection#5d0d3c292f343e367315323a3c331d393229733a322b"><span class="__cf_email__" data-cfemail="a7f7c6d3d5cec4cc89efc8c0c6c9e7c3c8d389c0c8d1">[email protected]</span></a>, no later than December 9,
2022, providing the following information, as applicable:
(a) The name, affiliation or party represented, email address, and
phone number of the participant.
(b) Whether the participant is attending in person or virtually.
(c) The subject(s) of the statement and/or presentation wishes to
make, and the amount of time requested.
(d) A copy of the oral statement and/or presentation.
FRA reserves the right to limit participation in the hearing of
persons who fail to follow the public participation procedures as
outlined above. FRA also reserves the right to limit the duration of
presentations, as necessary, to afford all persons the opportunity to
speak or to limit participation in the hearing of persons who exceed
their allotted time or who discuss topics or issues outside the scope
of the proposed rulemaking. Further, FRA reserves the right to limit
in-person attendance at the hearing, as space is limited; preference in
attendance will be provided to persons requesting to present statements
in person.
FRA is committed to providing equal access to this meeting for all
participants. If you need alternative formats or other reasonable
accommodations to participate in this meeting, either in-person or
virtually, please contact FRA Program Analyst Mr. Kenton Kilgore via
email at <a href="/cdn-cgi/l/email-protection#8de6e8e3f9e2e3a3e6e4e1eae2ffe8cde9e2f9a3eae2fb"><span class="__cf_email__" data-cfemail="6d060803190203430604010a021f082d090219430a021b">[email protected]</span></a> no later than December 5, 2022.
[[Page 65022]]
Extension of Comment Period
FRA previously extended the original comment period for the
proposed rule by 67 days to December 2, 2022. 87 FR 57863 (Sep. 22,
2022). FRA is further extending the comment period an additional 19
days to December 21, 2022, to allow time for interested parties to
submit written comments on the proposal or in response to views or
information provided at the public hearing.
Privacy Act
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, to <a href="http://www.regulations.gov">www.regulations.gov</a>, under docket number
FRA-2021-0032, as described in the system of records notice, DOT/ALL-14
FDMS, accessible through <a href="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a>. To
facilitate comment tracking and response, we encourage commenters to
provide their name, or the name of their organization; however,
submission of names is completely optional. Whether or not commenters
identify themselves, all timely comments will be fully considered. If
you wish to provide comments containing proprietary or confidential
information, please contact the agency for alternate submission
instructions.
Issued in Washington, DC.
Amitabha Bose,
Administrator.
[FR Doc. 2022-23418 Filed 10-26-22; 8:45 am]
BILLING CODE 4910-06-P
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