80_FR_60785 80 FR 60591 - Risk Reduction Program

80 FR 60591 - Risk Reduction Program

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 80, Issue 194 (October 7, 2015)

Page Range60591-60592
FR Document2015-25461

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 September 29, 2015, the RRP Working Group of the Railroad Safety Advisory Committee (RSAC) held a meeting to review and discuss comments received in response to both the NPRM and an August 27, 2015, public hearing on the NPRM. FRA is reopening the comment period for this proceeding to allow interested parties to submit written comments in response to views or information provided at the RRP Working Group meeting.

Federal Register, Volume 80 Issue 194 (Wednesday, October 7, 2015)
[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)]
[Proposed Rules]
[Pages 60591-60592]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25461]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 271

[Docket No. FRA-2009-0038]
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 September 29, 2015, the RRP Working 
Group of the Railroad Safety Advisory Committee (RSAC) held a meeting 
to review and discuss comments received in response to both the NPRM 
and an August 27, 2015, public hearing on the NPRM. FRA is reopening 
the comment period for this proceeding to allow interested parties to 
submit written comments in response to views or information provided at 
the RRP Working Group meeting.

DATES: The comment period for this proceeding, consisting of the 
proposed rule published February 27, 2015, at 80 FR 10950, the August 
27, 2015, hearing, announced at 80 FR 45500, July 30, 2015, and a prior 
notice of comment period reopening, announced at 80 FR 55285, September 
15, 2015, is reopened. Written comments must be received by October 21, 
2015. Comments received after that date will be considered to the 
extent possible without incurring additional expense or delay.

ADDRESSES: Written comments: 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: 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, 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 
(RSIA) 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 acctions to mitigate that risk. Each RRP is 
statutorily required to be supported by a risk analysis and an RRP 
Plan, which must include a Technology Implementation Plan and a Fatigue 
Management Plan. On February 27, 2015, FRA published an NPRM that would 
require certain railroads to develop an RRP. FRA also held a public 
hearing on August 27, 2015, to provide interested persons an 
opportunity to provide oral comments on the proposal. See 80 FR 10950, 
Feb. 27, 2015 and 80 FR 45500, Jul. 30, 2015.
    On September 29, 2015, the RSAC's RRP Working Group held a meeting 
to review and discuss comments received in response to both the NPRM 
and the public hearing. FRA established RSAC as a collaborative forum 
to provide advice and recommendations to FRA on railroad safety 
matters. The RSAC includes representatives from all of the agency's 
major stakeholder groups, representing various railroad industry 
perspectives. See the RSAC Web site for details on prior RSAC 
activities and pending tasks at http://rsac.fra.dot.gov/. Please refer 
to the notice published in the Federal Register on March 11, 1996 (61 
FR 9740), for additional information about the RSAC.
    FRA is reopening the comment period for this proceeding to allow 
interested parties to submit written comments in response to views or 
information provided at the RRP Working Group meeting on September 29, 
2015. Written comments must be received by October 21, 2015. Comments 
received after that date will be considered to the extent possible 
without incurring additional expense or delay.

Privacy Act Statement

    Consistent 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-

[[Page 60592]]

14 FDMS), which can be reviewed at www.dot.gov/privacy.

    Issued in Washington, DC.
Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2015-25461 Filed 10-6-15; 8:45 am]
 BILLING CODE 4910-06-P



                                                                           Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Proposed Rules                                         60591

                                                      8. EPA. Guidelines for Exposure Assessment.             interested parties to submit written                  Miriam.Kloeppel@dot.gov; or Elizabeth
                                                           May 29, 1992. Available at http://                 comments in response to views or                      Gross, Trial Attorney, Office of Chief
                                                           www.epa.gov/raf/publications/pdfs/                 information provided at the RRP                       Counsel, FRA, 1200 New Jersey Avenue
                                                           GUIDELINES_EXPOSURE_                               Working Group meeting.                                SE., Mail Stop 10, Washington, DC
                                                           ASSESSMENT.PDF.
                                                      9. EPA. Mercury Switches in Motor Vehicles;             DATES: The comment period for this                    20590, (202) 493–1342,
                                                           Significant New Use Rule. Federal                  proceeding, consisting of the proposed                Elizabeth.Gross@dot.gov.
                                                           Register. 72 FR 56903, October 5, 2007             rule published February 27, 2015, at 80               SUPPLEMENTARY INFORMATION: The Rail
                                                           (FRL–8110–5).                                      FR 10950, the August 27, 2015, hearing,               Safety Improvement Act of 2008 (RSIA)
                                                      10. EPA. Elemental Mercury Used in Flow                 announced at 80 FR 45500, July 30,                    requires the development and
                                                           Meters, Natural Gas Manometers, and                2015, and a prior notice of comment                   implementation of railroad safety risk
                                                           Pyrometers; Significant New Use Rule.              period reopening, announced at 80 FR                  reduction programs. Risk reduction is a
                                                           Federal Register. 75 FR 42330, July 21,                                                                  comprehensive, system-oriented
                                                                                                              55285, September 15, 2015, is reopened.
                                                           2010 (FRL–8832–2).
                                                                                                              Written comments must be received by                  approach to safety that (1) determines
                                                      11. EPA. Elemental Mercury Used in
                                                           Barometers, Manometers, Hygrometers,               October 21, 2015. Comments received                   an operation’s level of risk by
                                                           and Psychrometers; Significant New Use             after that date will be considered to the             identifying and analyzing applicable
                                                           Rule. Federal Register. 77 FR 31728,               extent possible without incurring                     hazards and (2) involves the
                                                           May 30, 2012 (FRL–9345–9).                         additional expense or delay.                          development of acctions to mitigate that
                                                      12. EPA. A Guide for Federal Agencies on                ADDRESSES: Written comments: Written                  risk. Each RRP is statutorily required to
                                                           Replacing Mercury-Containing Non-                  comments related to Docket No. FRA–                   be supported by a risk analysis and an
                                                           Fever Thermometers. June 2013.                                                                           RRP Plan, which must include a
                                                           Available at http://epa.gov/mercury/
                                                                                                              2009–0038 may be submitted by any of
                                                                                                              the following methods:                                Technology Implementation Plan and a
                                                           pdfs/Non-Fever-Mercury-Thermometers-                                                                     Fatigue Management Plan. On February
                                                           Guide-for-Federal-Agencies-FINAL.pdf.                 • Web site: The Federal eRulemaking
                                                                                                              Portal, http://www.regulations.gov.                   27, 2015, FRA published an NPRM that
                                                      13. UNEP. Mercury-Containing Products
                                                           Partnership Area Business Plan. June 28,           Follow the Web site’s online                          would require certain railroads to
                                                           2013. Available at http://www.unep.org/            instructions for submitting comments.                 develop an RRP. FRA also held a public
                                                           chemicalsandwaste/Mercury/                            • Fax: 202–493–2251.                               hearing on August 27, 2015, to provide
                                                           GlobalMercuryPartnership/Products/                    • Mail: Docket Management Facility,                interested persons an opportunity to
                                                           tabid/3565/language/en-US/                         U.S. Department of Transportation, 1200               provide oral comments on the proposal.
                                                           Default.aspx.                                      New Jersey Avenue SE., Room W12–                      See 80 FR 10950, Feb. 27, 2015 and 80
                                                         Authority: 15 U.S.C. 2601 et seq.                    140, Washington, DC 20590.                            FR 45500, Jul. 30, 2015.
                                                                                                                 • Hand Delivery: Docket Management                    On September 29, 2015, the RSAC’s
                                                        Dated: September 21, 2015.                                                                                  RRP Working Group held a meeting to
                                                      James J. Jones,                                         Facility, U.S. Department of
                                                                                                              Transportation, 1200 New Jersey                       review and discuss comments received
                                                      Assistant Administrator, Office of Chemical                                                                   in response to both the NPRM and the
                                                      Safety and Pollution Prevention.                        Avenue SE., Washington, DC 20590,
                                                                                                              Room W12–140 on the Ground level of                   public hearing. FRA established RSAC
                                                      [FR Doc. 2015–24849 Filed 10–6–15; 8:45 am]
                                                                                                              the West Building, between 9 a.m. and                 as a collaborative forum to provide
                                                      BILLING CODE 6560–50–P
                                                                                                              5 p.m., Monday through Friday, except                 advice and recommendations to FRA on
                                                                                                              Federal Holidays.                                     railroad safety matters. The RSAC
                                                                                                                 Instructions: All submissions must                 includes representatives from all of the
                                                      DEPARTMENT OF TRANSPORTATION                            include the agency name, docket name,                 agency’s major stakeholder groups,
                                                                                                              and docket number or Regulatory                       representing various railroad industry
                                                      Federal Railroad Administration                         Identification Number (RIN) for this                  perspectives. See the RSAC Web site for
                                                                                                              rulemaking. Note that all comments                    details on prior RSAC activities and
                                                      49 CFR Part 271                                         received will be posted without change                pending tasks at http://rsac.fra.dot
                                                                                                                                                                    .gov/. Please refer to the notice
                                                      [Docket No. FRA–2009–0038]                              to http://www.regulations.gov, including
                                                                                                                                                                    published in the Federal Register on
                                                                                                              any personal information provided.
                                                      RIN 2130–AC11                                                                                                 March 11, 1996 (61 FR 9740), for
                                                                                                              Please see the Privacy Act heading in
                                                                                                                                                                    additional information about the RSAC.
                                                                                                              the SUPPLEMENTARY INFORMATION section                    FRA is reopening the comment period
                                                      Risk Reduction Program                                  of this document for Privacy Act                      for this proceeding to allow interested
                                                      AGENCY:  Federal Railroad                               information related to any submitted                  parties to submit written comments in
                                                      Administration (FRA), Department of                     comments or materials.                                response to views or information
                                                      Transportation (DOT).                                     Docket: For access to the docket to                 provided at the RRP Working Group
                                                      ACTION: Proposed rule; notice of
                                                                                                              read background documents or                          meeting on September 29, 2015. Written
                                                      comment period reopening.                               comments received, go to http://                      comments must be received by October
                                                                                                              www.regulations.gov at any time or to                 21, 2015. Comments received after that
                                                      SUMMARY:   On February 27, 2015, FRA                    the Docket Management Facility, U.S.                  date will be considered to the extent
                                                      published a Notice of Proposed                          Department of Transportation, 1200                    possible without incurring additional
                                                      Rulemaking (NPRM) that would require                    New Jersey Avenue SE., Washington,                    expense or delay.
                                                      certain railroads to develop a Risk                     DC, Room W–12–140 on the Ground
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      Reduction Program (RRP). On                             level of the West Building, between 9                 Privacy Act Statement
                                                      September 29, 2015, the RRP Working                     a.m. and 5 p.m., Monday through                         Consistent with 5 U.S.C. 553(c), DOT
                                                      Group of the Railroad Safety Advisory                   Friday, except Federal Holidays.                      solicits comments from the public to
                                                      Committee (RSAC) held a meeting to                      FOR FURTHER INFORMATION CONTACT:                      better inform its rulemaking process.
                                                      review and discuss comments received                    Miriam Kloeppel, Staff Director, Risk                 DOT posts these comments, without
                                                      in response to both the NPRM and an                     Reduction Program Division, Office of                 edit, including any personal information
                                                      August 27, 2015, public hearing on the                  Safety Analysis, FRA, 1200 New Jersey                 the commenter provides to
                                                      NPRM. FRA is reopening the comment                      Avenue SE., Mail Stop 25, Washington,                 www.regulations.gov, as described in
                                                      period for this proceeding to allow                     DC 20590, (202) 493–6224,                             the system of records notice (DOT/ALL–


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                                                      60592                Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Proposed Rules

                                                      14 FDMS), which can be reviewed at                      because the discussion of the                            Specifically, the Agency proposes to
                                                      www.dot.gov/privacy.                                    differences between the North American                (1) add a definition of ‘‘major tread
                                                        Issued in Washington, DC.                             Standard Inspection out-of-service                    groove’’ in § 393.5; (2) delete the
                                                      Robert C. Lauby,
                                                                                                              criteria and FMCSA’s periodic                         requirement in Table 1 of § 393.11 for
                                                                                                              inspection criteria is unnecessary.                   truck tractors to have a rear license plate
                                                      Associate Administrator for Railroad Safety,
                                                      Chief Safety Officer.                                   DATES: You must submit comments on                    light when State law does not require
                                                                                                              or before December 7, 2015.                           the vehicle to have a rear license plate;
                                                      [FR Doc. 2015–25461 Filed 10–6–15; 8:45 am]
                                                                                                                                                                    (3) clarify § 396.9 regarding when
                                                      BILLING CODE 4910–06–P                                  ADDRESSES: You may submit comments
                                                                                                                                                                    violations or defects noted on a roadside
                                                                                                              identified by docket number FMCSA–
                                                                                                                                                                    inspection report need to be corrected;
                                                                                                              2015–0176 using any one of the
                                                      DEPARTMENT OF TRANSPORTATION                                                                                  (4) amend Appendix G to the FMCSRs,
                                                                                                              following methods:
                                                                                                                                                                    ‘‘Minimum Periodic Inspection
                                                                                                                 • Federal eRulemaking Portal: http://
                                                      Federal Motor Carrier Safety                                                                                  Standards,’’ to include provisions for
                                                                                                              www.regulations.gov. Follow the online
                                                      Administration                                                                                                the inspection of (a) ABS, automatic
                                                                                                              instructions for submitting comments.
                                                                                                                                                                    brake adjusters, and brake adjustment
                                                                                                                 • Mail: Docket Management Facility
                                                      49 CFR Parts 393 and 396                                                                                      indicators, (b) speed-restricted tires, and
                                                                                                              (M–30), U.S. Department of
                                                                                                                                                                    (c) motorcoach passenger seat mounting
                                                      [Docket No. FMCSA–2015–0176]                            Transportation, West Building Ground
                                                                                                                                                                    anchorages; (5) amend § 396.17(f) to
                                                                                                              Floor, Room W12–140, 1200 New Jersey
                                                      RIN 2126–AB81                                                                                                 eliminate references to roadside
                                                                                                              Avenue SE., Washington, DC 20590–
                                                                                                                                                                    inspections; and (6) amend § 396.19(b)
                                                      Parts and Accessories Necessary for                     0001.
                                                                                                                                                                    regarding inspector qualifications as a
                                                      Safe Operation; Inspection, Repair,                        • Hand delivery: Same as mail                      result of the amendments to § 396.17(f)
                                                      and Maintenance; General                                address above, between 9 a.m. and 5                   described above. In addition, the
                                                      Amendments                                              p.m., e.t., Monday through Friday,                    Agency proposes to eliminate as
                                                                                                              except Federal holidays. The telephone                unnecessary a portion of Appendix G to
                                                      AGENCY: Federal Motor Carrier Safety                    number is 202–366–9329.                               the FMCSRs that describes the
                                                      Administration (FMCSA), DOT.                               • Fax: 202–493–2251.                               differences between the out-of-service
                                                      ACTION: Notice of proposed rulemaking                      To avoid duplication, please use only              criteria and FMCSA’s annual
                                                      (NPRM).                                                 one of these four methods. See the                    inspection.
                                                                                                              ‘‘Public Participation and Request for
                                                      SUMMARY:   FMCSA proposes to amend                                                                               The Agency believes the potential
                                                                                                              Comments’’ heading under the
                                                      the regulations for ‘‘Parts and                                                                               economic impact of these changes is
                                                                                                              SUPPLEMENTARY INFORMATION section
                                                      Accessories Necessary for Safe                                                                                negligible because the proposed
                                                                                                              below for instructions on submitting
                                                      Operation,’’ and ‘‘Inspection, Repair and                                                                     amendments generally do not involve
                                                                                                              comments.
                                                      Maintenance,’’ of the Federal Motor                                                                           new or more stringent requirements, but
                                                      Carrier Safety Regulations (FMCSRs) in                  FOR FURTHER INFORMATION CONTACT:     If               a clarification of existing requirements.
                                                      response to several petitions for                       you have questions about this proposed
                                                                                                              rule, call or email Mr. Mike Huntley,                 Public Participation and Request for
                                                      rulemaking from the Commercial                                                                                Comments
                                                      Vehicle Safety Alliance (CVSA) and the                  Vehicle and Roadside Operations
                                                      American Trucking Associations (ATA),                   Division, Office of Bus and Truck                       FMCSA encourages you to participate
                                                      and two safety recommendations from                     Standards and Operations, Federal                     in this rulemaking by submitting
                                                      the National Transportation Safety                      Motor Carrier Safety Administration,                  comments and related materials.
                                                      Board (NTSB). Specifically, the Agency                  telephone: 202–366–5370;
                                                                                                              michael.huntley@dot.gov. If you have                  Submitting Comments
                                                      proposes to add a definition of ‘‘major
                                                      tread groove;’’ revise the rear license                 questions about viewing or submitting                    If you submit a comment, please
                                                      plate lamp requirement to provide an                    material to the docket, call Ms. Barbara              include the docket number for this
                                                      exception for truck tractors registered in              Hairston, Program Manager, Docket                     rulemaking (FMCSA–2015–0176),
                                                      States that do not require tractors to                  Services, telephone 202–366–9826.                     indicate the heading of the specific
                                                      have a rear license plate; provide                      SUPPLEMENTARY INFORMATION:                            section of this document to which each
                                                      specific requirements regarding when                                                                          comment applies, and provide a reason
                                                      violations or defects noted on a roadside               Executive Summary                                     for each suggestion or recommendation.
                                                      inspection report need to be corrected;                    FMCSA is responsible for regulations               You may submit your comments and
                                                      amend Appendix G to the FMCSRs,                         to ensure that all commercial motor                   material online or by fax, mail, or hand
                                                      ‘‘Minimum Periodic Inspection                           vehicles (CMVs) are systematically                    delivery, but please use only one of
                                                      Standards,’’ to include provisions for                  inspected, repaired, and maintained and               these means. FMCSA recommends that
                                                      the inspection of antilock braking                      that all parts and accessories necessary              you include your name and a mailing
                                                      systems (ABS), automatic brake                          for the safe operation of CMVs are in                 address, an email address, or a phone
                                                      adjusters, and brake adjustment                         safe and proper operating condition at                number in the body of your document
                                                      indicators, speed-restricted tires, and                 all times. In response to several                     so the Agency can contact you if it has
                                                      motorcoach passenger seat mounting                      petitions for rulemaking from CVSA and                questions regarding your submission.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      anchorages; and amend the periodic                      ATA and two safety recommendations                       To submit your comment online, go to
                                                      inspection rules to eliminate the option                from the NTSB, FMCSA proposes to                      www.regulations.gov, type the docket
                                                      for motor carriers to use a violation—                  amend various provisions in parts 393                 number, ‘‘FMCSA–2015–0176’’ in the
                                                      free roadside inspection report as proof                and 396 of the FMCSRs. The proposed                   ‘‘Keyword’’ box, and click ‘‘Search.’’
                                                      of completing a comprehensive                           amendments generally do not involve                   When the new screen appears, click the
                                                      inspection at least once every 12                       the establishment of new or more                      ‘‘Comment Now!’’ button and type your
                                                      months. In addition, the Agency                         stringent requirements, but instead                   comment into the text box in the
                                                      proposes to eliminate introductory text                 clarify existing requirements to increase             following screen. Choose whether you
                                                      from Appendix G to the FMCSRs                           consistency of enforcement activities.                are submitting your comment as an


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Document Created: 2015-12-15 08:49:32
Document Modified: 2015-12-15 08:49:32
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, the August 27, 2015, hearing, announced at 80 FR 45500, July 30, 2015, and a prior notice of comment period reopening, announced at 80 FR 55285, September 15, 2015, is reopened. Written comments must be received by October 21, 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 60591 
RIN Number2130-AC11

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