81 FR 39014 - Train Crew Staffing
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration Federal Register Volume 81, Issue 115 (June 15, 2016)
Federal Railroad Administration
Federal Register Volume 81, Issue 115 (June 15, 2016)
| Page Range | 39014-39015 | |
| FR Document | 2016-14124 |
[Federal Register Volume 81, Number 115 (Wednesday, June 15, 2016)] [Proposed Rules] [Pages 39014-39015] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-14124] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration 49 CFR Part 218 [Docket No. FRA-2014-0033, Notice No. 3] RIN 2130-AC48 Train Crew Staffing AGENCY: Federal Railroad Administration (FRA), U.S. Department of Transportation (DOT). ACTION: Proposed rule; notice of public hearing and reopening of comment period. ----------------------------------------------------------------------- SUMMARY: On March 15, 2016, FRA published a Notice of Proposed Rulemaking (NPRM) that would require establishing minimum requirements for the size of train crew staffs depending on the type of operation. FRA is announcing a public hearing to provide interested persons an opportunity to provide oral comments on the proposal. FRA is also announcing a reopening of the comment period for this proceeding to allow time for interested parties to submit written comments in response to [[Page 39015]] views or information provided at the public hearing. DATES: A public hearing will be held on July 15, 2016, at 10:00 a.m. in Washington, DC. The comment period for the proposed rule published on March 15, 2016, (81 FR 13918) is open through June 15, 2016 (81 FR 30229). The comment period will reopen on July 15, 2016. Comments in response to views or information provided at the public hearing must be received by August 15, 2016. ADDRESSES: Public Hearing. The public hearing will be held at the National Housing Center of the National Association of Home Builders, 1201 15th Street NW., Washington, DC 20005. Comments. You may submit comments identified by Docket Number FRA- 2014-0033 by any of the following methods:Online: Comments should be filed at the Federal eRulemaking Portal, http://www.regulations.gov. Follow the online instructions for submitting comments. Fax: 202-493-2251. Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC 20590. Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140, Washington, DC 20590, 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 (RIN 2130-AC48). Note that FRA will post all comments received 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 about any submitted petitions, 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 U.S. Department of Transportation, Docket Operations, M-30, West Building, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. FOR FURTHER INFORMATION CONTACT: Mr. Joseph D. Riley, Railroad Safety Specialist, Operating Practices, Operating Crew Certification, U.S. Department of Transportation, Federal Railroad Administration, Mail Stop 25, 1200 New Jersey Avenue SE., Washington, DC 20590, (202) 493- 6318, or Mr. Alan H. Nagler, Senior Trial Attorney, U.S. Department of Transportation, Federal Railroad Administration, Office of Chief Counsel, RCC-10, Mail Stop 10, 1200 New Jersey Avenue SE., Washington, DC 20590, (202) 493-6038. SUPPLEMENTARY INFORMATION: Interested parties are invited to present oral 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 evidence. 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 the additional procedures that are necessary to conduct the hearing, at the hearing. The purpose of this hearing is to receive oral comments in response to an NPRM that requested public comment on a potential train crew staffing rulemaking. See 81 FR 13918, March 15, 2016. FRA will add a transcript of the discussions to the public docket in this proceeding. Public Participation Procedures. Any person wishing to make a statement at the hearing should notify Mr. Riley by telephone, email, or in writing, at least 5 working days before the date of the hearing and submit three copies of the oral statement that he or she intends to make at the proceeding. The notification should identify the party the person represents, the particular subject(s) the person plans to address, and the time requested. The notification should also provide the participant's mailing address and other contact information. FRA reserves the right to limit participation in the hearing of persons who fail to provide such notification. FRA also reserves the right to limit the duration of presentations if necessary to afford all persons with the opportunity to speak. For information on facilities or services for persons with disabilities, or to request special assistance at the hearing, contact FRA Program Analyst, Mr. Kenton Kilgore, by telephone, email, or in writing, at least 5 working days before the date of the hearing. Mr. Kilgore's can be reached at Federal Railroad Administration, Office of Railroad Safety, Mail Stop 25, 1200 New Jersey Avenue SE., Washington, DC 20590; (202) 493-6286; or [email protected]. Reopening of Comment Period. The comment period for the proposed rule published on March 15, 2016, (81 FR 13918) is currently open through June 15, 2016 (81 FR 30229). A public hearing is scheduled after the close of this comment period. To accommodate the public hearing and to afford interested parties the opportunity to submit comments in response to views or information provided at the public hearing, FRA will reopen the comment period for the proposed rule on July 15, 2016. Comments in response to views or information provided at the public hearing must be received by August 15, 2016. Privacy Act Anyone can search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the comment (or signing the document, if submitted on behalf of an association, business, labor union, etc.). See http://www.regulations.gov/#!privacyNotice for the privacy notice of www.regulations.gov or interested parties may review DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477). 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. Robert C. Lauby, Associate Administrator for Railroad Safety, Chief Safety Officer. [FR Doc. 2016-14124 Filed 6-14-16; 8:45 am] BILLING CODE 4910-06-P
![39014 Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Proposed Rules
as well as your ability and intention will Deputy Administrator, Room C5–16–03, § 5.54 What avenues are available to me if
effectively convey information to the 7500 Security Boulevard, Baltimore, MD I disagree with HHS’s appeal decision?
public. We ordinarily presume that a 21244; U.S. Department of Health and (a) In our response letter, we notify
representative of the news media Human Services (PSC), Deputy Agency you of your right to seek judicial review
satisfies this consideration; Chief FOIA Officer, Office of the of an adverse determination as set forth
(5) How you intend to disseminate the Assistant Secretary for Public Affairs, in the FOIA at 5 U.S.C. 552(a)(4)(B). If
requested information to a broad 5600 Fishers Lane, Room 19–01, you wish to seek judicial review of any
spectrum of the public; and Rockville, MD 20857; U.S. Department adverse determination, you must first
(6) How disclosure will lead to a of Health and Human Services, Deputy appeal it administratively as described
significantly greater understanding of Agency Chief FOIA Officer, Office of the in this subpart.
the Government by the public. Assistant Secretary for Public Affairs, (b) We also inform you that the Office
(c) After reviewing your request and Room 729H, 200 Independence Avenue of Government Information Services
determining that there is a substantial SW., Washington, DC 20201. (OGIS) offers mediation services to
public interest in release, we also Additionally, information can be found resolve disputes between FOIA
determine if the request primarily at the following online locations for requesters and Federal agencies as a
furthers your commercial interests. If it CMS, PSC, and OS: https:// non-exclusive alternative to litigation.
does, you are not eligible for a fee www.cms.gov/Regulations-and- As referenced in § 5.29(b) you may
waiver. Guidance/Legislation/FOIA/ contact OGIS via mail, email, or
(d) You should ask for waiver or filehow.html; http://www.psc.gov/psc_ telephone for assistance.
reduction of fees when you first submit foia/guide.html; and http://
your request to HHS, and should www.hhs.gov/foia/FOIA%20Appeals/ Subpart F—Records Retention
address the criteria referenced in this index.html. § 5.61 How does HHS retain FOIA records?
section. (3) For appeals submitted via mail,
(e) We may waive (either partially or We will preserve records created in
you should mark both your letter and administering the Department’s
in full) or reduce fees for records in envelope with the words ‘‘FOIA
additional circumstances as a matter of Freedom of Information program until
Appeal’’ and include your FOIA request disposition is authorized under an
administrative discretion. tracking number, a copy of your initial applicable General Records Schedule or
Subpart E—Appeals request, and our final determination other records schedule duly approved
letter. by the Archivist of the United States.
§ 5.51 When may I appeal HHS’s FOIA (c) Your appeal should clearly Dated: June 7, 2016.
determination?
identify the agency determination that is Sylvia M. Burwell,
In order to fully exhaust all of your being appealed. It would be helpful if
administrative remedies, you must file Secretary, Department of Health and Human
you provide specific reasons explaining Services.
an appeal of an adverse agency why you believe the agency’s adverse [FR Doc. 2016–13994 Filed 6–14–16; 8:45 am]
determination. You may appeal when determination should be reconsidered.
there is an adverse determination, BILLING CODE 4150–25–P
including: § 5.53 How does HHS process appeals?
(a) Refusal to release a record, either
(a) We respond to your appeal within DEPARTMENT OF TRANSPORTATION
in whole or in part;
20 working days after the appeal official
(b) Determination that a record does
designated in your appeal letter receives Federal Railroad Administration
not exist or cannot be found;
it. If, however, your appeal is based on
(c) Determination that the record you
a denial of a request for expedited 49 CFR Part 218
sought was not subject to the FOIA;
processing, we will act on your appeal
(d) Denial of a request for expedited [Docket No. FRA–2014–0033, Notice No. 3]
of that decision expeditiously. Before
processing;
making a decision on an appeal of an RIN 2130–AC48
(e) Denial of a fee waiver request; or
adverse determination, the designated
(f) Fee category determination. Train Crew Staffing
review official will consult with the
§ 5.52 How do I file an appeal? Office of the General Counsel. Also, the AGENCY: Federal Railroad
(a) You have the right to appeal an concurrence of the Office of the Administration (FRA), U.S. Department
adverse agency determination of your Assistant Secretary for Public Affairs is of Transportation (DOT).
FOIA request. required in all appeal decisions,
ACTION: Proposed rule; notice of public
(b) You may submit your appeal via including those on fees. When the
review official responds to an appeal, hearing and reopening of comment
mail or electronically. All appeals must period.
be in writing and received by HHS that constitutes the Department’s final
within 45 calendar days from the date action on the request. SUMMARY: On March 15, 2016, FRA
of our final determination letter. (b) If we reverse or modify the initial published a Notice of Proposed
(1) Please send your appeal to the decision, we will inform you in writing Rulemaking (NPRM) that would require
review official at the address provided and, if applicable, reprocess your establishing minimum requirements for
in your denial letter. If you are unsure request. If we do not change our initial the size of train crew staffs depending
who is the appropriate review official, decision, we will respond in writing to on the type of operation. FRA is
ehiers on DSK5VPTVN1PROD with PROPOSALS
please contact the FOIA Service Center you, explain the reasons for the announcing a public hearing to provide
that processed your request to obtain decision, set out any FOIA exemptions interested persons an opportunity to
that information. that apply, and inform you of the provide oral comments on the proposal.
(2) The addresses to mail FOIA provisions for judicial review. If a FRA is also announcing a reopening of
appeals for CMS, the PSC and OS are, requester files a FOIA lawsuit in the comment period for this proceeding
respectively: Centers for Medicare & reference to an appeal, we will cease to allow time for interested parties to
Medicaid Services, Attn: Principal processing the appeal. submit written comments in response to
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![Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Proposed Rules 39015
views or information provided at the Railroad Administration, Mail Stop 25, Railroad Safety, Mail Stop 25, 1200 New
public hearing. 1200 New Jersey Avenue SE., Jersey Avenue SE., Washington, DC
DATES: A public hearing will be held on Washington, DC 20590, (202) 493–6318, 20590; (202) 493–6286; or
July 15, 2016, at 10:00 a.m. in or Mr. Alan H. Nagler, Senior Trial Kenton.Kilgore@dot.gov.
Washington, DC. The comment period Attorney, U.S. Department of Reopening of Comment Period. The
for the proposed rule published on Transportation, Federal Railroad
comment period for the proposed rule
March 15, 2016, (81 FR 13918) is open Administration, Office of Chief Counsel,
published on March 15, 2016, (81 FR
through June 15, 2016 (81 FR 30229). RCC–10, Mail Stop 10, 1200 New Jersey
Avenue SE., Washington, DC 20590, 13918) is currently open through June
The comment period will reopen on 15, 2016 (81 FR 30229). A public
July 15, 2016. Comments in response to (202) 493–6038.
hearing is scheduled after the close of
views or information provided at the SUPPLEMENTARY INFORMATION: Interested
this comment period. To accommodate
public hearing must be received by parties are invited to present oral
August 15, 2016. the public hearing and to afford
statements and to offer information and
views at the hearing. The hearing will interested parties the opportunity to
ADDRESSES:
be informal and will be conducted by a submit comments in response to views
Public Hearing. The public hearing
will be held at the National Housing representative FRA designates under or information provided at the public
Center of the National Association of FRA’s Rules of Practice (49 CFR 211.25). hearing, FRA will reopen the comment
Home Builders, 1201 15th Street NW., The hearing will be a non-adversarial period for the proposed rule on July 15,
Washington, DC 20005. proceeding. Therefore, there will be no 2016. Comments in response to views or
Comments. You may submit cross examination of persons presenting information provided at the public
comments identified by Docket Number statements or offering evidence. An FRA hearing must be received by August 15,
FRA–2014–0033 by any of the following representative will make an opening 2016.
methods: statement outlining the scope of the Privacy Act
• Online: Comments should be filed hearing. After all initial statements are
at the Federal eRulemaking Portal, completed those persons wishing to Anyone can search the electronic
http://www.regulations.gov. Follow the make a brief rebuttal will be given the form of any written communications
online instructions for submitting opportunity to do so in the same order and comments received into any of our
comments. in which the initial statements were dockets by the name of the individual
• Fax: 202–493–2251. made. FRA will announce the submitting the comment (or signing the
• Mail: Docket Management Facility, additional procedures that are necessary document, if submitted on behalf of an
U.S. Department of Transportation, 1200 to conduct the hearing, at the hearing. association, business, labor union, etc.).
New Jersey Avenue SE., W12–140, The purpose of this hearing is to receive
See http://www.regulations.gov/
Washington, DC 20590. oral comments in response to an NPRM
• Hand Delivery: 1200 New Jersey #!privacyNotice for the privacy notice of
that requested public comment on a
Avenue SE., Room W12–140, www.regulations.gov or interested
potential train crew staffing rulemaking.
Washington, DC 20590, between 9 a.m. See 81 FR 13918, March 15, 2016. FRA parties may review DOT’s complete
and 5 p.m., Monday through Friday, will add a transcript of the discussions Privacy Act Statement in the Federal
except Federal Holidays. to the public docket in this proceeding. Register published on April 11, 2000
Instructions: All submissions must Public Participation Procedures. Any (65 FR 19477). In accordance with 5
include the agency name, docket name, person wishing to make a statement at U.S.C. 553(c), DOT solicits comments
and docket number or Regulatory the hearing should notify Mr. Riley by from the public to better inform its
Identification Number (RIN) for this telephone, email, or in writing, at least rulemaking process. DOT posts these
rulemaking (RIN 2130–AC48). Note that 5 working days before the date of the comments, without edit, including any
FRA will post all comments received hearing and submit three copies of the personal information the commenter
without change to http:// oral statement that he or she intends to provides, to www.regulations.gov, as
www.regulations.gov, including any make at the proceeding. The notification described in the system of records
personal information provided. Please should identify the party the person notice (DOT/ALL–14 FDMS), which can
see the Privacy Act heading in the represents, the particular subject(s) the be reviewed at www.dot.gov/privacy.
SUPPLEMENTARY INFORMATION section of person plans to address, and the time
this document for Privacy Act requested. The notification should also Robert C. Lauby,
information about any submitted provide the participant’s mailing Associate Administrator for Railroad Safety,
petitions, comments, or materials. address and other contact information. Chief Safety Officer.
Docket: For access to the docket to FRA reserves the right to limit [FR Doc. 2016–14124 Filed 6–14–16; 8:45 am]
read background documents or participation in the hearing of persons BILLING CODE 4910–06–P
comments received, go to http:// who fail to provide such notification.
www.regulations.gov at any time or to FRA also reserves the right to limit the
the U.S. Department of Transportation, duration of presentations if necessary to
Docket Operations, M–30, West afford all persons with the opportunity
Building, Ground Floor, Room W12– to speak.
140, 1200 New Jersey Avenue SE., For information on facilities or
Washington, DC 20590, between 9 a.m. services for persons with disabilities, or
ehiers on DSK5VPTVN1PROD with PROPOSALS
and 5 p.m., Monday through Friday, to request special assistance at the
except Federal Holidays. hearing, contact FRA Program Analyst,
FOR FURTHER INFORMATION CONTACT: Mr. Mr. Kenton Kilgore, by telephone,
Joseph D. Riley, Railroad Safety email, or in writing, at least 5 working
Specialist, Operating Practices, days before the date of the hearing. Mr.
Operating Crew Certification, U.S. Kilgore’s can be reached at Federal
Department of Transportation, Federal Railroad Administration, Office of
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Document Created: 2016-06-15 02:21:09
Document Modified: 2016-06-15 02:21:09
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule; notice of public hearing and reopening of comment period. | |
| Dates | A public hearing will be held on July 15, 2016, at 10:00 a.m. in Washington, DC. The comment period for the proposed rule published on March 15, 2016, (81 FR 13918) is open through June 15, 2016 (81 FR 30229). The comment period will reopen on July 15, 2016. Comments in response to views or information provided at the public hearing must be received by August 15, 2016. | |
| Contact | Mr. Joseph D. Riley, Railroad Safety Specialist, Operating Practices, Operating Crew Certification, U.S. Department of Transportation, Federal Railroad Administration, Mail Stop 25, 1200 New Jersey Avenue SE., Washington, DC 20590, (202) 493- 6318, or Mr. Alan H. Nagler, Senior Trial Attorney, U.S. Department of Transportation, Federal Railroad Administration, Office of Chief Counsel, RCC-10, Mail Stop 10, 1200 New Jersey Avenue SE., Washington, DC 20590, (202) 493-6038. | |
| FR Citation | 81 FR 39014 | |
| RIN Number | 2130-AC48 |
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