81_FR_56736 81 FR 56574 - Competitive Passenger Rail Service Pilot Program

81 FR 56574 - Competitive Passenger Rail Service Pilot Program

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 81, Issue 162 (August 22, 2016)

Page Range56574-56575
FR Document2016-19910

On June 22, 2016, FRA published a Notice of Proposed Rulemaking (NPRM) that would implement a pilot program for competitive selection of eligible petitioners in lieu of Amtrak to operate not more than three long-distance routes operated by Amtrak. FRA is announcing a public hearing to provide interested persons an opportunity to provide oral comments on the proposal. FRA is also announcing an extension of the comment period for this proceeding to allow time for interested parties to submit written comments in response to views or information provided at the public hearing.

Federal Register, Volume 81 Issue 162 (Monday, August 22, 2016)
[Federal Register Volume 81, Number 162 (Monday, August 22, 2016)]
[Proposed Rules]
[Pages 56574-56575]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19910]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 269

[Docket No. FRA-2016-0023, Notice No. 3]
RIN 2130-AC60


Competitive Passenger Rail Service Pilot Program

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

ACTION: Proposed rule; notice of public hearing and extension of 
comment period.

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SUMMARY: On June 22, 2016, FRA published a Notice of Proposed 
Rulemaking (NPRM) that would implement a pilot program for competitive 
selection of eligible petitioners in lieu of Amtrak to operate not more 
than three long-distance routes operated by Amtrak. FRA is announcing a 
public hearing to provide interested persons an opportunity to provide 
oral comments on the proposal. FRA is also announcing an extension of 
the comment period for this proceeding to allow time for interested 
parties to submit written comments in response to views or information 
provided at the public hearing.

DATES: A public hearing will be held on September 7, 2016, at 1:45 p.m. 
in Washington, DC. The comment period for the NPRM published on June 
22, 2016, (81 FR 40624) is open through August 22, 2016. Comments in 
response to views or information provided at the public hearing must be 
received by October 7, 2016.

ADDRESSES: Public Hearing. The public hearing will be held at the U.S. 
Department of Transportation, 1200 New Jersey Avenue SE., Conference 
Center Room 7, Washington, DC 20590.
    Comments. You may submit comments identified by Docket Number FRA-
2016-0023 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-AC60). 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: Brandon White, Office of Railroad 
Policy and Development, Federal Railroad Administration, 1200 New 
Jersey Avenue SE., Washington, DC 20590, (202) 493-1327, 
[email protected], or Zeb Schorr, Office of Chief Counsel, Federal 
Railroad Administration, 1200 New Jersey Avenue SE., Washington, DC 
20590, (202) 493-6072.

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 the initial statements were made. FRA will 
announce additional procedures necessary to conduct the hearing, at the 
hearing. The purpose of this hearing is to receive oral comments in 
response to an NPRM for a competitive passenger rail service pilot 
program. 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. White by telephone, email, 
or in writing, at least 5 working days before the date of the hearing 
and submit three copies of the

[[Page 56575]]

oral statement 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 at least 5 working days before the date of the 
hearing. Mr. Kilgore 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].
    Extension of Comment Period. The comment period for the NPRM is 
currently open through August 22, 2016. To accommodate the public 
hearing and afford interested parties the opportunity to submit 
comments in response to views or information provided at the public 
hearing, FRA will extend the comment period. FRA must receive comments 
in response to views or information provided at the public hearing by 
October 7, 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. Interested parties may also review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19477). Under 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 August 16, 2016.
Jamie Rennert,
Office Director, Office of Program Delivery.
[FR Doc. 2016-19910 Filed 8-19-16; 8:45 am]
 BILLING CODE 4910-06-P



                                               56574                  Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Proposed Rules

                                               V. Paperwork Reduction Act                              DEPARTMENT OF TRANSPORTATION                             Instructions: All submissions must
                                                 This rule does not include a reporting                                                                      include the agency name, docket name,
                                               or information collection requirement.                  Federal Railroad Administration                       and docket number or Regulatory
                                               Therefore, USAID has determined that                                                                          Identification Number (RIN) for this
                                               this rule does not impose any new or                    49 CFR Part 269                                       rulemaking (RIN 2130–AC60). FRA will
                                               revised reporting or disclosure                         [Docket No. FRA–2016–0023, Notice No. 3]              post all comments received without
                                               requirements that would be considered                                                                         change to http://www.regulations.gov,
                                                                                                       RIN 2130–AC60                                         including any personal information
                                               collections of information requiring
                                               Office of Management and Budget                                                                               provided. Please see the Privacy Act
                                                                                                       Competitive Passenger Rail Service                    heading in the ‘‘Supplementary
                                               approval under the Paperwork                            Pilot Program
                                               Reduction Act, 44 U.S.C. 3501 et seq.                                                                         Information’’ section of this document
                                                                                                       AGENCY:  Federal Railroad                             for Privacy Act information about any
                                               List of Subjects in 48 CFR Part 752                     Administration (FRA), U.S. Department                 submitted petitions, comments, or
                                                 Government procurement.                               of Transportation (DOT).                              materials.
                                                 For the reasons discussed in the                      ACTION: Proposed rule; notice of public                  Docket: For access to the docket to
                                               preamble, USAID amends 48 CFR                           hearing and extension of comment                      read background documents or
                                               Chapter 7 as set forth below:                           period.                                               comments received, go to http://
                                               ■ 1. The authority citation for 48 CFR
                                                                                                                                                             www.regulations.gov at any time or to
                                               Chapter 7 part 752 continues to read as                 SUMMARY:   On June 22, 2016, FRA                      the U.S. Department of Transportation,
                                               follows:                                                published a Notice of Proposed                        Docket Operations, M–30, West
                                                                                                       Rulemaking (NPRM) that would                          Building, Ground Floor, Room W12–
                                                 Authority: Sec. 621, Pub. L. 87–195, 75               implement a pilot program for                         140, 1200 New Jersey Avenue SE.,
                                               Stat. 445 (22 U.S.C. 2381), as amended; E.O.
                                                                                                       competitive selection of eligible                     Washington, DC 20590, between 9 a.m.
                                               12163, Sept. 29, 1979, 44 FR 56673; and 3
                                               CFR 1979 Comp., p. 435.                                 petitioners in lieu of Amtrak to operate              and 5 p.m., Monday through Friday,
                                                                                                       not more than three long-distance routes              except Federal Holidays.
                                               SUBCHAPTER H—CLAUSES AND FORMS                          operated by Amtrak. FRA is announcing                 FOR FURTHER INFORMATION CONTACT:
                                               PART 752—SOLICITATION                                   a public hearing to provide interested                Brandon White, Office of Railroad
                                               PROVISIONS AND CONTRACT                                 persons an opportunity to provide oral                Policy and Development, Federal
                                               CLAUSES                                                 comments on the proposal. FRA is also                 Railroad Administration, 1200 New
                                                                                                       announcing an extension of the                        Jersey Avenue SE., Washington, DC
                                               ■ 2. Add Section 752.7038 to read as                    comment period for this proceeding to                 20590, (202) 493–1327, Brandon.White@
                                               follows:                                                allow time for interested parties to                  dot.gov, or Zeb Schorr, Office of Chief
                                                                                                       submit written comments in response to                Counsel, Federal Railroad
                                               § 752.7038 Nondiscrimination against End-
                                               Users of Supplies or Services.
                                                                                                       views or information provided at the                  Administration, 1200 New Jersey
                                                                                                       public hearing.                                       Avenue SE., Washington, DC 20590,
                                                 The following clause must be inserted
                                                                                                       DATES: A public hearing will be held on               (202) 493–6072.
                                               in section I of all solicitations and
                                               resulting contracts.                                    September 7, 2016, at 1:45 p.m. in                    SUPPLEMENTARY INFORMATION: Interested
                                                                                                       Washington, DC. The comment period                    parties are invited to present oral
                                               Nondiscrimination Against End-Users                     for the NPRM published on June 22,                    statements and to offer information and
                                               of Supplies or Services (Date)                          2016, (81 FR 40624) is open through                   views at the hearing. The hearing will
                                                  (a) USAID policy requires that the                   August 22, 2016. Comments in response                 be informal and will be conducted by a
                                               contractor not discriminate against any end-            to views or information provided at the               representative FRA designates under
                                               user of the contract supplies or services (i.e.,        public hearing must be received by                    FRA’s Rules of Practice (49 CFR 211.25).
                                               the beneficiaries of the supplies or services)          October 7, 2016.                                      The hearing will be a non-adversarial
                                               in implementation of this award, such as, but           ADDRESSES: Public Hearing. The public                 proceeding. Therefore, there will be no
                                               not limited to, by withholding, adversely                                                                     cross examination of persons presenting
                                               impacting, or denying equitable access to the
                                                                                                       hearing will be held at the U.S.
                                               supplies or services (benefits) provided                Department of Transportation, 1200                    statements or offering evidence. An FRA
                                               through this contract on the basis of any               New Jersey Avenue SE., Conference                     representative will make an opening
                                               factor not expressly stated in the award. This          Center Room 7, Washington, DC 20590.                  statement outlining the scope of the
                                               may include, for example, race, color,                     Comments. You may submit                           hearing. After all initial statements are
                                               religion, sex (including gender identity,               comments identified by Docket Number                  completed those persons wishing to
                                               sexual orientation, and pregnancy), national            FRA–2016–0023 by any of the following                 make a brief rebuttal will be given the
                                               origin, disability, age, genetic information,           methods:                                              opportunity to do so in the same order
                                               marital status, parental status, political                 • Online: Comments should be filed                 the initial statements were made. FRA
                                               affiliation, or veteran’s status. Nothing in this
                                               clause is intended to limit the ability of a            at the Federal eRulemaking Portal,                    will announce additional procedures
                                               contractor to target activities toward the              http://www.regulations.gov. Follow the                necessary to conduct the hearing, at the
                                               assistance needs of certain populations as              online instructions for submitting                    hearing. The purpose of this hearing is
                                               defined in the contract.                                comments.                                             to receive oral comments in response to
                                                  (b) The Contractor must insert this clause,             • Fax: 202–493–2251.                               an NPRM for a competitive passenger
                                               including this paragraph, in all subcontracts              • Mail: Docket Management Facility,                rail service pilot program. FRA will add
                                               under this contract.                                    U.S. Department of Transportation, 1200               a transcript of the discussions to the
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                                               (End of clause)                                         New Jersey Avenue SE., W12–140,                       public docket in this proceeding.
                                                                                                       Washington, DC 20590.                                    Public Participation Procedures. Any
                                                 Dated: August 8, 2016.                                   • Hand Delivery: 1200 New Jersey                   person wishing to make a statement at
                                               Sunil Xavier,                                           Avenue SE., Room W12–140,                             the hearing should notify Mr. White by
                                               Acting Chief Acquisition Officer.                       Washington, DC 20590, between 9 a.m.                  telephone, email, or in writing, at least
                                               [FR Doc. 2016–19716 Filed 8–19–16; 8:45 am]             and 5 p.m., Monday through Friday,                    5 working days before the date of the
                                               BILLING CODE 6116–01–P                                  except Federal Holidays.                              hearing and submit three copies of the


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                                                                      Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Proposed Rules                                           56575

                                               oral statement he or she intends to make                  Issued in Washington, DC, on August 16,             Refuge System Administration Act, as
                                               at the proceeding. The notification                     2016.                                                 amended by the National Wildlife
                                               should identify the party the person                    Jamie Rennert,                                        Refuge System Improvement Act (16
                                               represents, the particular subject(s) the               Office Director, Office of Program Delivery.          U.S.C. 668dd et seq.), we issue this
                                               person plans to address, and the time                   [FR Doc. 2016–19910 Filed 8–19–16; 8:45 am]           supplementary document. The
                                               requested. The notification should also                 BILLING CODE 4910–06–P                                Environmental Protection Agency will
                                               provide the participant’s mailing                                                                             publish similar notification of this
                                               address and other contact information.                                                                        action in the Federal Register.
                                               FRA reserves the right to limit                         DEPARTMENT OF THE INTERIOR                            Background
                                               participation in the hearing of persons                                                                          On February 24, 2014, we issued an
                                               who fail to provide such notification.                  Fish and Wildlife Service
                                                                                                                                                             advance notice of proposed rulemaking
                                               FRA also reserves the right to limit the                                                                      (ANPR) (79 FR 10080) to assist us in
                                               duration of presentations if necessary to               50 CFR Parts 28 and 29
                                                                                                                                                             developing a proposed rule on
                                               afford all persons with the opportunity                 [Docket No. FWS–HQ–NWRS–2012–0086;                    managing activities associated with non-
                                               to speak. For information on facilities or              FXRS12610900000–167–FF09R24000]                       Federal oil and gas development on
                                               services for persons with disabilities, or              RIN 1018–AX36                                         lands and waters of the National
                                               to request special assistance at the                                                                          Wildlife Refuge System (NWRS). Non-
                                               hearing, contact FRA Program Analyst,                   Management of Non-Federal Oil and                     Federal oil and gas development refers
                                               Mr. Kenton Kilgore, by telephone,                       Gas Rights                                            to oil and gas activities associated with
                                               email, or in writing, at least at least 5                                                                     any private, state, or tribally owned
                                                                                                       AGENCY:   Fish and Wildlife Service,                  mineral interest where the surface estate
                                               working days before the date of the
                                                                                                       Interior.                                             is administered by the Service as part of
                                               hearing. Mr. Kilgore can be reached at
                                                                                                       ACTION: Proposed rule; availability of                the Refuge System. The ANPR had a 60-
                                               Federal Railroad Administration, Office
                                                                                                       Final Environmental Impact Statement.                 day comment period, ending April 25,
                                               of Railroad Safety, Mail Stop 25, 1200
                                               New Jersey Avenue SE., Washington,                                                                            2014. On June 9, 2014, we reopened the
                                                                                                       SUMMARY:   We, the U.S. Fish and
                                               DC 20590; (202) 493–6286; or                                                                                  comment period for another 30 days,
                                                                                                       Wildlife Service (Service), make
                                               Kenton.Kilgore@dot.gov.                                                                                       ending July 9, 2014 (79 FR 32903). The
                                                                                                       available the final environmental impact
                                                                                                                                                             ANPR requested the public to focus
                                                  Extension of Comment Period. The                     statement (EIS) on regulations governing
                                                                                                                                                             their comments on seven topics
                                               comment period for the NPRM is                          the exercise of non-Federal oil and gas
                                                                                                                                                             identified as major areas of concern: (1)
                                               currently open through August 22, 2016.                 rights outside of Alaska in order to
                                                                                                                                                             Plans of Operations and Special Use
                                               To accommodate the public hearing and                   improve our ability to protect refuge
                                                                                                                                                             Permits; (2) Operating Standards; (3)
                                               afford interested parties the opportunity               resources, visitors, and the general
                                                                                                                                                             Financial Assurances; (4) Access Fees;
                                               to submit comments in response to                       public’s health and safety from potential
                                                                                                                                                             (5) Noncompliance; (6) Existing
                                               views or information provided at the                    impacts associated with non-Federal oil
                                                                                                                                                             Operations; and (7) Impacts from the
                                                                                                       and gas operations located within
                                               public hearing, FRA will extend the                                                                           Proposed Rulemaking.
                                                                                                       refuges.                                                 We published a proposed rule on
                                               comment period. FRA must receive
                                               comments in response to views or                        DATES:  The Service will execute a                    December 11, 2015 (80 FR 77200), to
                                               information provided at the public                      Record of Decision no sooner than 30                  revise the regulations governing the
                                               hearing by October 7, 2016.                             days from the date of publication of the              exercise of non-Federal oil and gas
                                                                                                       notice of availability of the FEIS by the             rights located within NWRS units, and
                                               Privacy Act                                             Environmental Protection Agency.                      we announced the availability of a draft
                                                                                                       ADDRESSES: Copies of the FEIS will be                 EIS. The comment period closed
                                                 Anyone can search the electronic
                                                                                                       available for public review at http://                February 9, 2016. We now announce the
                                               form of any written communications                                                                            availability of the FEIS.
                                               and comments received into any of our                   www.fws.gov/refuges/oil-and-gas/
                                                                                                       rulemaking.html and at                                   The FEIS evaluates the impacts of
                                               dockets by the name of the individual                                                                         three alternatives, including the
                                                                                                       www.regulations.gov at Docket No.
                                               submitting the comment (or signing the                                                                        following alternative elements:
                                                                                                       FWS–HQ–NWRS–2012–0086.
                                               document, if submitted on behalf of an                                                                           • Requirement that oil operators
                                               association, business, labor union, etc.).              FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                             proposing new oil and gas development
                                               See http://www.regulations.gov/                         Scott Covington, U.S. Fish and Wildlife               (e.g., drilling a well) obtain an
                                               #!privacyNotice for the privacy notice of               Service, Division of Natural Resources                operations permit.
                                                                                                       and Planning, MS: NWRS, 5275                             • Requirement of financial assurance
                                               www.regulations.gov. Interested parties
                                                                                                       Leesburg Pike, Falls Church, Virginia                 (bonding). Financial assurance would be
                                               may also review DOT’s complete
                                                                                                       22041; telephone 703–358–2427. If you                 equal to the reasonable estimated cost of
                                               Privacy Act Statement in the Federal                    use a telecommunications device for the
                                               Register published on April 11, 2000                                                                          site reclamation.
                                                                                                       deaf (TDD), call the Federal Information                 • Requirement that all operations,
                                               (65 FR 19477). Under 5 U.S.C. 553(c),                   Relay Service (FIRS) at 800–877–8339.
                                               DOT solicits comments from the public                                                                         regardless of status, obtain a reclamation
                                                                                                       Further contact information can be                    permit (including bonding) once that
                                               to better inform its rulemaking process.                found at http://www.fws.gov/refuges/oil-              operation ceases to be economically
                                               DOT posts these comments, without                       and-gas/rulemaking.html.                              productive.
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                                               edit, including any personal information                SUPPLEMENTARY INFORMATION: Under the                     • Improving enforcement authority by
                                               the commenter provides, to                              authority of the National Environmental               assimilating State oil and gas laws and
                                               www.regulations.gov, as described in                    Policy Act (NEPA) (42 U.S.C. 4321 et                  regulations. Law enforcement staff
                                               the system of records notice (DOT/ALL–                  seq.) and the Department of the Interior              would have authority to write citations
                                               14 FDMS), which can be reviewed at                      regulations that implement NEPA (part                 for noncompliance with State
                                               www.dot.gov/privacy.                                    46 of title 43 of the Code of Federal                 regulations, primarily State regulations
                                                                                                       Regulations) and the National Wildlife                addressing surface impacts.


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Document Created: 2018-02-09 11:37:52
Document Modified: 2018-02-09 11:37:52
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 public hearing and extension of comment period.
DatesA public hearing will be held on September 7, 2016, at 1:45 p.m. in Washington, DC. The comment period for the NPRM published on June 22, 2016, (81 FR 40624) is open through August 22, 2016. Comments in response to views or information provided at the public hearing must be received by October 7, 2016.
ContactBrandon White, Office of Railroad Policy and Development, Federal Railroad Administration, 1200 New Jersey Avenue SE., Washington, DC 20590, (202) 493-1327, [email protected], or Zeb Schorr, Office of Chief Counsel, Federal Railroad Administration, 1200 New Jersey Avenue SE., Washington, DC 20590, (202) 493-6072.
FR Citation81 FR 56574 
RIN Number2130-AC60

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