80_FR_55463 80 FR 55285 - Risk Reduction Program

80 FR 55285 - Risk Reduction Program

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 80, Issue 178 (September 15, 2015)

Page Range55285-55286
FR Document2015-23233

On February 27, 2015, FRA published a Notice of Proposed Rulemaking (NPRM) that would require certain railroads to develop a Risk Reduction Program (RRP). On August 27, 2015, FRA held a public hearing to provide interested persons an opportunity to provide oral comments on the proposal. FRA is reopening the comment period for this proceeding to allow additional time for interested parties to submit written comments in response to views or information provided at the public hearing.

Federal Register, Volume 80 Issue 178 (Tuesday, September 15, 2015)
[Federal Register Volume 80, Number 178 (Tuesday, September 15, 2015)]
[Proposed Rules]
[Pages 55285-55286]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23233]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2009-0038]

49 CFR Part 271

RIN 2130-AC11


Risk Reduction Program

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

ACTION: Proposed rule; notice of comment period reopening.

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

SUMMARY: On February 27, 2015, FRA published a Notice of Proposed 
Rulemaking (NPRM) that would require certain railroads to develop a 
Risk Reduction Program (RRP). On August 27, 2015, FRA held a public 
hearing to provide interested persons an opportunity to provide oral 
comments on the proposal. FRA is reopening the comment period for this 
proceeding to allow additional time for interested parties to submit 
written comments in response to views or information provided at the 
public hearing.

DATES: The comment period for this proceeding, consisting of the 
proposed rule published February 27, 2015, at 80 FR 10950, and the 
August 27, 2015, hearing, announced at 80 FR 45500, July 30, 2015, is 
reopened. Written comments must be received by September 18th, 2015. 
Comments received after that date will be considered to the extent 
possible without incurring additional expense or delay.

ADDRESSES: Written comments related to Docket No. FRA-2009-0038 may be 
submitted by any of the following methods:
     Web site: The Federal eRulemaking Portal, http://www.regulations.gov. Follow the Web site's online instructions for 
submitting comments.
     Fax: (202) 493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., Room W12-140, Washington, 
DC 20590.
     Hand Delivery: Docket Management Facility, U.S. Department 
of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590, 
Room W12-140 on the ground level of the West Building, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the agency name, docket 
name, and docket number or Regulatory Identification Number (RIN) for 
this rulemaking. Note that all comments received will be posted without 
change to http://www.regulations.gov, including any personal 
information provided. 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: FRA has posted a transcript of the August 27, 2015, public 
hearing to the public docket in this proceeding. For access to the 
docket to read background documents or comments received, go to http://www.regulations.gov at any time or to the Docket Management Facility, 
U.S. Department of Transportation, 1200 New Jersey Avenue SE., 
Washington, DC 20590, Room W-12-140 on the ground level of the West 
Building, between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays.

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, (202) 493-6224, 
[email protected]; or Elizabeth Gross, Trial Attorney, Office of 
Chief Counsel, FRA, 1200 New Jersey Avenue SE., Mail Stop 10, 
Washington, DC 20590, (202) 493-1342, [email protected].

SUPPLEMENTARY INFORMATION: 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) involves the 
development of plans to mitigate that risk. Each RRP is statutorily 
required to be supported by a risk analysis and a Risk Reduction 
Program Plan, which must include a Technology Implementation Plan and a 
Fatigue Management Plan.
    FRA held a public hearing on August 27, 2015, to receive oral 
comments in response to an NPRM requesting public comment on a proposed 
risk reduction rulemaking. See 80 FR 10950, Feb. 27, 2015 and 80 FR 
45500, July 30, 2015. FRA also reopened the comment period to allow 
time for interested parties to submit written comments after the public 
hearing, and comments were due September 10, 2015. To afford interested 
parties additional time and opportunity to submit written comments in 
response to views or information provided at the public hearing, FRA is 
again reopening the comment period in this proceeding.

[[Page 55286]]

Written comments must be received by September 18th, 2015.

Privacy Act Statement

    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, including any personal information the 
commenter provides to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

    Issued in Washington, DC, on September 11th, 2015.
Patrick T. Warren,
Acting Associate Administrator for Railroad Safety and Chief Safety 
Officer.
[FR Doc. 2015-23233 Filed 9-11-15; 4:15 pm]
 BILLING CODE 4910-06-P



                                                                        Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Proposed Rules                                         55285

                                                       If you intend to deliver your                        DEPARTMENT OF TRANSPORTATION                          received will be posted without change
                                                    comments to the Baltimore address, call                                                                       to http://www.regulations.gov, including
                                                    telephone number (410) 786–9994 in                      Federal Railroad Administration                       any personal information provided.
                                                    advance to schedule your arrival with                   [Docket No. FRA–2009–0038]                            Please see the Privacy Act heading in
                                                    one of our staff members.                                                                                     the SUPPLEMENTARY INFORMATION section
                                                       Comments erroneously mailed to the                   49 CFR Part 271                                       of this document for Privacy Act
                                                    addresses indicated as appropriate for                                                                        information related to any submitted
                                                                                                            RIN 2130–AC11
                                                    hand or courier delivery may be delayed                                                                       comments or materials.
                                                    and received after the comment period.                  Risk Reduction Program                                  Docket: FRA has posted a transcript of
                                                                                                                                                                  the August 27, 2015, public hearing to
                                                       For information on viewing public                    AGENCY:  Federal Railroad                             the public docket in this proceeding.
                                                    comments, see the beginning of the                      Administration (FRA), Department of                   For access to the docket to read
                                                    SUPPLEMENTARY INFORMATION section.                      Transportation (DOT).                                 background documents or comments
                                                    FOR FURTHER INFORMATION CONTACT:                        ACTION: Proposed rule; notice of                      received, go to http://
                                                    Ronisha Blackstone, (410) 786–6633.                     comment period reopening.                             www.regulations.gov at any time or to
                                                                                                                                                                  the Docket Management Facility, U.S.
                                                    SUPPLEMENTARY INFORMATION:     On July                  SUMMARY:    On February 27, 2015, FRA                 Department of Transportation, 1200
                                                    16, 2015, we published a proposed rule                  published a Notice of Proposed                        New Jersey Avenue SE., Washington,
                                                    in the Federal Register (80 FR 42168)                   Rulemaking (NPRM) that would require                  DC 20590, Room W–12–140 on the
                                                    entitled, ‘‘Reform of Requirements for                  certain railroads to develop a Risk                   ground level of the West Building,
                                                    Long-Term Care Facilities’’ that would                  Reduction Program (RRP). On August                    between 9 a.m. and 5 p.m., Monday
                                                    revise the requirements that long-term                  27, 2015, FRA held a public hearing to                through Friday, except Federal holidays.
                                                    care facilities must meet to participate                provide interested persons an
                                                    in the Medicare and Medicaid programs.                  opportunity to provide oral comments                  FOR FURTHER INFORMATION CONTACT:
                                                    The proposed provisions include                         on the proposal. FRA is reopening the                 Miriam Kloeppel, Staff Director, Risk
                                                    updating obsolete language, improving                   comment period for this proceeding to                 Reduction Program Division, Office of
                                                    clarity, addressing ongoing healthcare                  allow additional time for interested                  Safety Analysis, FRA, 1200 New Jersey
                                                    priorities, and implementing certain                    parties to submit written comments in                 Avenue SE., Mail Stop 25, Washington,
                                                    Affordable Care Act provisions. These                   response to views or information                      DC 20590, (202) 493–6224,
                                                    proposed changes are necessary to                       provided at the public hearing.                       Miriam.Kloeppel@dot.gov; or Elizabeth
                                                    reflect the substantial advances that                                                                         Gross, Trial Attorney, Office of Chief
                                                                                                            DATES: The comment period for this
                                                    have been made over the past several                                                                          Counsel, FRA, 1200 New Jersey Avenue
                                                                                                            proceeding, consisting of the proposed
                                                    years in the theory and practice of                                                                           SE., Mail Stop 10, Washington, DC
                                                                                                            rule published February 27, 2015, at 80
                                                    service delivery and safety. These                                                                            20590, (202) 493–1342,
                                                                                                            FR 10950, and the August 27, 2015,
                                                    proposals are also an integral part of our                                                                    Elizabeth.Gross@dot.gov.
                                                                                                            hearing, announced at 80 FR 45500, July
                                                    efforts to achieve broad-based                          30, 2015, is reopened. Written                        SUPPLEMENTARY INFORMATION:      The Rail
                                                    improvements both in the quality of                     comments must be received by                          Safety Improvement Act of 2008
                                                    health care furnished through federal                   September 18th, 2015. Comments                        requires the development and
                                                    programs, and in patient safety, while at               received after that date will be                      implementation of railroad safety risk
                                                    the same time reducing procedural                       considered to the extent possible                     reduction programs. Risk reduction is a
                                                    burdens on providers.                                   without incurring additional expense or               comprehensive, system-oriented
                                                       We have received inquiries from                      delay.                                                approach to safety that (1) determines
                                                    Hospital Associations and national                      ADDRESSES: Written comments related                   an operation’s level of risk by
                                                    industry organizations regarding the 60                 to Docket No. FRA–2009–0038 may be                    identifying and analyzing applicable
                                                    day period to submit comments                           submitted by any of the following                     hazards and (2) involves the
                                                    regarding this proposed rule. The                       methods:                                              development of plans to mitigate that
                                                    organizations stated that they needed                      • Web site: The Federal eRulemaking                risk. Each RRP is statutorily required to
                                                    additional time to respond to the rule                  Portal, http://www.regulations.gov.                   be supported by a risk analysis and a
                                                    due to the scope and complexity of the                  Follow the Web site’s online                          Risk Reduction Program Plan, which
                                                    proposal. Because of the scope of the                   instructions for submitting comments.                 must include a Technology
                                                    proposed rule, and since we have                           • Fax: (202) 493–2251.                             Implementation Plan and a Fatigue
                                                    specifically requested the public’s                        • Mail: Docket Management Facility,                Management Plan.
                                                    comments on various aspect of the rule,                 U.S. Department of Transportation, 1200                  FRA held a public hearing on August
                                                    we believe that it is important to allow                New Jersey Avenue SE., Room W12–                      27, 2015, to receive oral comments in
                                                    ample time for the public to prepare                    140, Washington, DC 20590.                            response to an NPRM requesting public
                                                    comments on this proposed rule.                            • Hand Delivery: Docket Management                 comment on a proposed risk reduction
                                                    Therefore, we have decided to reopen                    Facility, U.S. Department of                          rulemaking. See 80 FR 10950, Feb. 27,
                                                    the comment period for an additional 30                 Transportation, 1200 New Jersey                       2015 and 80 FR 45500, July 30, 2015.
                                                    days. This document announces the                       Avenue SE., Washington, DC 20590,                     FRA also reopened the comment period
                                                    reopening of the public comment period                  Room W12–140 on the ground level of                   to allow time for interested parties to
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                                                    to end on October 14, 2015.                             the West Building, between 9 a.m. and                 submit written comments after the
                                                                                                            5 p.m., Monday through Friday, except                 public hearing, and comments were due
                                                      Dated: September 9, 2015.
                                                                                                            Federal holidays.                                     September 10, 2015. To afford interested
                                                    Andrew M. Slavitt,                                         Instructions: All submissions must                 parties additional time and opportunity
                                                    Acting Administrator, Centers for Medicare              include the agency name, docket name,                 to submit written comments in response
                                                    & Medicaid Services.                                    and docket number or Regulatory                       to views or information provided at the
                                                    [FR Doc. 2015–23110 Filed 9–11–15; 8:45 am]             Identification Number (RIN) for this                  public hearing, FRA is again reopening
                                                    BILLING CODE 4120–01–P                                  rulemaking. Note that all comments                    the comment period in this proceeding.


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                                                    55286               Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Proposed Rules

                                                    Written comments must be received by                    inspection, by appointment, during                    species (47 FR 58454). Category 2 status
                                                    September 18th, 2015.                                   normal business hours at the U.S. Fish                included those taxa for which
                                                                                                            and Wildlife Service, New England                     information in the Service’s possession
                                                    Privacy Act Statement
                                                                                                            Field Office, 70 Commercial Street,                   indicated that a proposed rule may be
                                                      In accordance with 5 U.S.C. 553(c),                   Suite 300, Concord, NH 03301. Please                  appropriate, but for which sufficient
                                                    DOT solicits comments from the public                   submit any new information, materials,                data on biological vulnerability and
                                                    to better inform its rulemaking process.                comments, or questions concerning this                threats were not available to support a
                                                    DOT posts these comments, without                       finding to the above address.                         proposed rule at that time. This
                                                    edit, including any personal information                FOR FURTHER INFORMATION CONTACT:                      classification remained valid for the
                                                    the commenter provides to                               Thomas R. Chapman, Field Supervisor,                  species in subsequent review
                                                    www.regulations.gov, as described in                    New England Field Office (see                         publications for animals that occurred
                                                    the system of records notice (DOT/ALL–                  ADDRESSES); by telephone at 603–223–                  on September 18, 1985 (50 FR 37958),
                                                    14 FDMS), which can be reviewed at                      2541; or by facsimile at 603–223–0104.                January 6, 1989 (54 FR 554), November
                                                    www.dot.gov/privacy.                                    If you use a telecommunications device                21, 1991 (56 FR 58804), and November
                                                      Issued in Washington, DC, on September                for the deaf (TDD), please call the                   15, 1994 (59 FR 58982). In the February
                                                    11th, 2015.                                             Federal Information Relay Service                     28, 1996, candidate notice of review
                                                    Patrick T. Warren,                                      (FIRS) at 800–877–8339.                               (CNOR) (61 FR 7596), we discontinued
                                                    Acting Associate Administrator for Railroad
                                                                                                                                                                  the designation of Category 2 species as
                                                                                                            SUPPLEMENTARY INFORMATION:
                                                    Safety and Chief Safety Officer.                                                                              candidates; therefore, the New England
                                                                                                            Background                                            cottontail was no longer a candidate
                                                    [FR Doc. 2015–23233 Filed 9–11–15; 4:15 pm]
                                                                                                                                                                  species.
                                                    BILLING CODE 4910–06–P                                     Section 4(b)(3)(B) of the Act (16                     On August 30, 2000, we received a
                                                                                                            U.S.C. 1531 et seq.), requires that, for              petition dated August 29, 2000, from the
                                                                                                            any petition to revise the Federal Lists              Biodiversity Legal Foundation,
                                                    DEPARTMENT OF THE INTERIOR                              of Endangered and Threatened Wildlife                 Conservation Action Project,
                                                                                                            and Plants that contains substantial                  Endangered Small Animals
                                                    Fish and Wildlife Service                               scientific or commercial information                  Conservation Fund and Defenders of
                                                                                                            that listing the species may be                       Wildlife, requesting that the New
                                                    50 CFR Part 17                                          warranted, we make a finding within 12                England cottontail be listed under the
                                                    [Docket No. FWS–R5–ES–2015–0136;
                                                                                                            months of the date of receipt of the                  Act and critical habitat be designated.
                                                    4500030113]                                             petition. In this finding, we will                    We acknowledged the receipt of the
                                                                                                            determine that the petitioned action is:              petition in a letter to The Biodiversity
                                                    Endangered and Threatened Wildlife                      (1) Not warranted, (2) Warranted, or (3)              Legal Foundation, dated September 14,
                                                    and Plants; 12-Month Finding on a                       Warranted, but the immediate proposal                 2000, and stated that, due to funding
                                                    Petition To List the New England                        of a regulation implementing the                      constraints in fiscal year (FY) 2000, we
                                                    Cottontail as an Endangered or                          petitioned action is precluded by other               would not be able to begin processing
                                                    Threatened Species                                      pending proposals to determine whether                the petition in a timely manner. Those
                                                                                                            species are endangered or threatened,                 funding constraints persisted into FY
                                                    AGENCY:   Fish and Wildlife Service,                    and expeditious progress is being made
                                                    Interior.                                                                                                     2001.
                                                                                                            to add or remove qualified species from                  On December 19, 2000, Defenders of
                                                    ACTION: Notice of 12-month petition                     the Federal Lists of Endangered and                   Wildlife sent a Notice of Intent (NOI) to
                                                    finding.                                                Threatened Wildlife and Plants. Section               sue the Service for violating the Act by
                                                                                                            4(b)(3)(C) of the Act requires that we                failing to make a timely 90-day finding
                                                    SUMMARY:   We, the U.S. Fish and
                                                                                                            treat a petition for which the requested              on the August 2000 petition. On
                                                    Wildlife Service (Service), announce a
                                                                                                            action is found to be warranted but                   February 8, 2002, Defenders of Wildlife
                                                    12-month finding on a petition to list
                                                                                                            precluded as though resubmitted on the                sent another NOI to sue in response to
                                                    the New England cottontail (Sylvilagus
                                                                                                            date of such finding, that is, requiring a            the Service’s failure to make a timely
                                                    transitionalis) as an endangered or
                                                                                                            subsequent finding to be made within                  12-month finding on the August 2000
                                                    threatened species and to designate
                                                                                                            12 months. We must publish these 12-                  petition. On May 14, 2002, we advised
                                                    critical habitat under the Endangered
                                                                                                            month findings in the Federal Register.               Defenders of Wildlife that we would
                                                    Species Act of 1973, as amended (Act).
                                                                                                            Until now, making a 12-month finding                  begin action on the petition in FY 2002.
                                                    After review of the best available                                                                               On June 30, 2004, the Service
                                                                                                            that listing is warranted or not
                                                    scientific and commercial information,                                                                        published in the Federal Register a 90-
                                                                                                            warranted for the New England
                                                    we find that listing the New England                                                                          day finding that the petition presented
                                                                                                            cottontail was precluded by other higher
                                                    cottontail is not warranted at this time.                                                                     substantial scientific and commercial
                                                                                                            priority national listing actions (71 FR
                                                    However, we ask the public to submit to                                                                       information indicating that listing the
                                                                                                            53756, September 12, 2006; 72 FR
                                                    us any new information that becomes                                                                           New England cottontail as endangered
                                                                                                            69034, December 6, 2007; 73 FR 75176,
                                                    available concerning the threats to the                                                                       may be warranted (69 FR 39395). We
                                                                                                            December 10, 2008; 74 FR 57804,
                                                    New England cottontail or its habitat at                                                                      also announced the initiation of a status
                                                                                                            November 9, 2009; 75 FR 69222,
                                                    any time.                                                                                                     review to determine if listing the species
                                                                                                            November 10, 2010; 76 FR 66370,
                                                    DATES: The finding announced in this                                                                          was warranted and requested additional
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                                                                            October 26, 2011; 77 FR 69993,
                                                    document was made on September 15,                      November 21, 2012; 78 FR 70103,                       information and data regarding this
                                                    2015.                                                   November 22, 2013; 79 FR 72449,                       species. On September 12, 2006, the
                                                    ADDRESSES: This finding is available on                 December 5, 2014).                                    Service published a finding that the
                                                    the Internet at http://                                                                                       petition presented substantial scientific
                                                    www.regulations.gov at Docket Number                    Previous Federal Actions                              and commercial information indicating
                                                    FWS–R5–ES–2015–0136. Supporting                           On December 30, 1982, we published                  that listing the New England cottontail
                                                    documentation we used in preparing                      our notice of review classifying the New              as threatened or endangered was
                                                    this finding is available for public                    England cottontail as a Category 2                    warranted, but precluded (71 FR 53756).


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Document Created: 2015-12-15 10:09:06
Document Modified: 2015-12-15 10:09:06
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; notice of comment period reopening.
DatesThe comment period for this proceeding, consisting of the proposed rule published February 27, 2015, at 80 FR 10950, and the August 27, 2015, hearing, announced at 80 FR 45500, July 30, 2015, is reopened. Written comments must be received by September 18th, 2015. Comments received after that date will be considered to the extent possible without incurring additional expense or delay.
ContactMiriam Kloeppel, Staff Director, Risk Reduction Program Division, Office of Safety Analysis, FRA, 1200 New Jersey Avenue SE., Mail Stop 25, Washington, DC 20590, (202) 493-6224, [email protected]; or Elizabeth Gross, Trial Attorney, Office of Chief Counsel, FRA, 1200 New Jersey Avenue SE., Mail Stop 10, Washington, DC 20590, (202) 493-1342, [email protected]
FR Citation80 FR 55285 
RIN Number2130-AC11

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