Safety of Private Highway-Rail Grade Crossings; Notice of Safety Inquiry, 608-609 [E6-22606]

Download as PDF 608 Federal Register / Vol. 72, No. 3 / Friday, January 5, 2007 / Notices would be accomplished by constructing a four-lane freeway around the city of Willits, in Mendocino County, from 0.8 mile south of the Haehl Overhead to 2.9 SUMMARY: This notice announces actions miles south of Reynolds Highway. The taken by the FHWA and other Federal actions by the Federal agencies, and the agencies that are final within the laws under which such actions were meaning of 23 U.S.C. 139(I)(1). These taken, are described in the Final actions relate to a proposed highway Environmental Impact Statement (FEIS) project. U.S. Route 101 Willits Bypass for the project, approved on November Project between kilo post R69.4 and 25, 2006, in the Record of Decision R78.9 (post mile R43.1 to 49.0) in (ROD) issued on December 18, 2006, Mendocino County, State of California. and in other documents in the FHWA These actions grant approvals for the project files. The FEIS, ROD, and other project. project records are available by DATES: By this notice, the FHWA is contacting the FHWA or the California Department of Transportation at the advising the public of final agency addresses provided above. The FHWA actions subject to 23 U.S.C. 139(I)(1). A FEIS and ROD can be viewed and claim seeking judicial review of the downloaded from the project Web site Federal agency actions on the highway https://www.dot.ca.gov/dist1/d1projects/ project will be barred unless the claim willits/reports.htm or viewed at public is filed on or before July 5, 2007. If the libraries in the project area. Federal law that authorizes judicial This notice applies to all Federal review of a claim provides a time period agency decisions as of the issuance date of less than 180 days for filing such claim, then that shorter time period still of this notice and all laws under which such actions were taken, including but applies. not limited to: FOR FURTHER INFORMATION CONTACT: 1. General: National Environmental Maiser Khaled, Director, Project Policy Act (NEPA) [42 U.S.C. 4321– Development & Environment, Federal 4351]; Federal-Aid Highway Act [23 Highway Administration, 650 Capitol U.S.C. 109]. Mall, Suite 4–100, Sacramento, CA 2. Air: Clean Air Act, 42 U.S.C. 7401– 95814, weekdays between 7 a.m. and 4 7671(q). p.m., telephone 916–498–5020, 3. Land: Section 4(f) of the maiser.khaled@fhwa.dot.gov. For U.S. Department of Transportation Act of Fish and Wildlife Service, Ray Bosch, 1966 [49 U.S.C. 303]. Wildlife Biologist, Endangered Species 4. Wildlife: Endangered Species Act Program, Arcata Fish and Wildlife [16 U.S.C. 1531–1544 and Section Office, telephone 707–822–7201, 1536], Marine Mammal Protection Act ray_bosch@fws.gov. [16 U.S.C. 1361], Anadromous Fish For National Oceanic and Atmospheric Administration—National Conservation Act [16 U.S.C. 757(a)– 757(g)], Migratory Bird Treaty Act [16 Marine Fisheries Service, Thomas U.S.C. 703–712], Magnuson-Stevens Daugherty, Fisheries Biologist, Ukiah Fishery Conservation and Management Office, Telephone 707–468–4057, Act of 1976, as amended [16 U.S.C. 1801 Tom.Daugherty@noaa.gov. For et seq.]. California Department of 5. Historic and Cultural Resources: Transportation, Jeremy Ketchum, Senior Section 106 of the National Historic Environmental Planner, 2389 Gateway Preservation Act of 1966, as amended Oaks Dr., Sacramento, CA 95833, [16 U.S.C. 470(f) et seq.]; Archeological weekdays between 8 a.m. and 5 p.m., Resources Protection Act of 1977 [16 (916) 274–0621, U.S.C. 470(aa)–11]; Archeological and jeremy_ketchum@dot.ca.gov. Historic Preservation Act [16 U.S.C. SUPPLEMENTARY INFORMATION: Notice is 469–469(c)]. hereby given that the FHWA and other 6. Social and Economic: Civil Rights Federal agencies have taken final agency Act of 1964 [42 U.S.C. 2000(d)– actions subject to 23 U.S.C. 139(I)(1) by 2000(d)(1)]; Farmland Protection Policy issuing approvals for the following Act (FPPA) [7 U.S.C. 4201–4209]. 7. Wetlands and Water Resources: highway project in the State of Clean Water Act, 33 U.S.C. 1251–1377 California: U.S. Route 101 Willits (Section 404, Section 401, Section 319); Bypass Project between kilo post R69.4 Coastal Barrier Resources Act, 16 U.S.C. and R78.9 (post mile R43.1 to 49.0) in 3501–3510; Coastal Zone Management Mendocino County. This project would Act, 16 U.S.C. 1451–1465; Land and reduce delays, improve safety, and Water Conservation Fund (LWCF), 16 provide at least a Level of Service C for U.S.C. 4601–4604; 42 U.S.C. 300(f)– interregional traffic on U.S. 101 in the 300(j)(6); Emergency Wetlands vicinity of the City of Willits, Resources Act, 16 U.S.C. 3921, 3931; Mendocino County, California. This Notice of Limitation on Claims for Judicial Review of Actions by FHWA and other Federal agencies. sroberts on PROD1PC70 with NOTICES ACTION: VerDate Aug<31>2005 17:29 Jan 04, 2007 Jkt 211001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 TEA–21 Wetlands Mitigation, 23 U.S.C. 103(b)(6)(m), 133(b)(11); Flood Disaster Protection Act, 42 U.S.C. 4001–4128. 8. Hazardous Materials: Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601–9675; Superfund Amendments and Reauthorization Act of 1986 (SARA); Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901–6992(k). 9. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 Floodplain Management; E.O. 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations; E.O. 11593 Protection and Enhancement of Cultural Resources; E.O. 13175 Consultation and Coordination with Indian Tribal Governments; E.O. 11514 Protection and Enhancement of Environmental Quality; E.O. 13112 Invasive Species. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to his program.) Authority: 23 U.S.C. 139(I)(1). Issued on: December 28, 2006. Gene K. Fong, Division Administrator, Federal Highway Administration. [FR Doc. E6–22596 Filed 1–4–07; 8:45 am] BILLING CODE 4910–RY–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA–2005–23281, Notice No. 3] Safety of Private Highway-Rail Grade Crossings; Notice of Safety Inquiry Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Notice of safety inquiry. AGENCY: SUMMARY: On July 27, 2006, the FRA published a notice announcing its intent to conduct a series of open meetings throughout the United States, in cooperation with appropriate State agencies, to consider issues related to the safety of private highway-rail grade crossings. This notice indicated that the first of these meetings would be held August 30, 2006, in Fort Snelling, Minnesota. On September 22, 2006, the FRA published a second notice, which announced that FRA had scheduled subsequent meetings, to be held on September 27, 2006, in Raleigh, North E:\FR\FM\05JAN1.SGM 05JAN1 Federal Register / Vol. 72, No. 3 / Friday, January 5, 2007 / Notices including the railroad and its employees, and to other persons in the vicinity should a train derail into an occupied area or release hazardous materials. When passenger trains are involved, the risks are heightened. From the standpoint of public policy, how do we determine whether creation or continuation of a private crossing is justified? ❑ Is the current assignment of responsibility for safety at private crossings effective? To what extent do risk management practices associated with insurance arrangements result in ‘‘regulation’’ of safety at private crossings? ❑ How should improvement and/or maintenance costs associated with private crossing be allocated? ❑ Is there a need for alternative dispute resolution mechanisms to handle disputes that may arise between private crossing owners and the railroads? ❑ Should the State or Federal government assume greater responsibility for safety at private crossings? ❑ Should there be Nationwide standards for warning devices at private crossings, or for intersection design of new private grade crossings? ❑ How do we determine when a private crossing has a ‘‘public purpose’’ and is subject to public use? ❑ Should some crossings be categorized as ‘‘commercial crossings’’, rather than as ‘‘private crossings’’? ❑ Are there innovative traffic control treatments that could improve safety at private crossings on major rail corridors, including those on which passenger service is provided? ❑ Should the Department of Transportation request enactment of legislation to address private crossings? If so, what should it include? Request for Comments sroberts on PROD1PC70 with NOTICES Carolina; October 26, 2006, in San Francisco, California; and December 6, 2006, in New Orleans, Louisiana. This Notice No. 3 announces that the FRA has scheduled an additional meeting, to be held on February 15, 2007, in Syracuse, New York. At the meeting, FRA intends to solicit oral statements from private crossing owners, railroads and other interested parties on issues related to the safety of private highway-rail grade crossings, which will include, but not be limited to, current practices concerning responsibility for safety at private grade crossings, the adequacy of warning devices at private crossings, and the relative merits of a more uniform approach to improving safety at private crossings. FRA has also opened a public docket on these issues, so that interested parties may submit written comments for public review and consideration. DATES: The public meeting will be held in Syracuse, New York on February 15, 2007, at the Doubletree Hotel, 6301 State Route 298, Syracuse, New York, 13057, beginning at 9:30 a.m. Persons wishing to participate are requested to provide their names, organizational affiliation and contact information to Michelle Silva, Docket Clerk, FRA, 1120 Vermont Avenue, NW., Washington, DC 20590 (telephone 202–493–6030). Persons needing sign language interpretation or other reasonable accommodation for disability are also encouraged to contact Ms. Silva. Additional public meetings will be announced as they are scheduled. FOR FURTHER INFORMATION CONTACT: Ron Ries, Office of Safety, FRA, 1120 Vermont Avenue, NW., Washington, DC 20590 (telephone 202–493–6299); Miriam Kloeppel, Office of Safety, FRA, 1120 Vermont Avenue, NW., Washington, DC 20590 (telephone 202– 493–6299); or Kathryn Shelton, Office of Chief Counsel, FRA, 1120 Vermont Avenue, NW., Washington, DC 20590 (telephone 202–493–6038). SUPPLEMENTARY INFORMATION: For additional information, please see the initial notice, published July 27 in the Federal Register (citation: 71 FR 42713) and available at https:// a257.g.akamaitech.net/7/257/2422/ 01jan20061800/edocket.access.gpo.gov/ 2006/pdf/06–6501.pdf [RITA–2006–26758] While FRA solicits discussion and comments on all areas of safety at private highway-rail grade crossings, we particularly encourage comments on the following topics: ❑ At-grade highway-rail crossings present inherent risks to users, Statement Regarding a Coordinated Framework for Regulation of a Hydrogen Economy VerDate Aug<31>2005 17:29 Jan 04, 2007 Jkt 211001 Issued in Washington, DC, on December 29, 2006. Jo Strang, Associate Administrator for Safety. [FR Doc. E6–22606 Filed 1–4–07; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Research and Innovative Technology Administration Research and Innovative Technology Administration, U.S. Department of Transportation. AGENCY: PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 609 Notice of inquiry and request for public comment. ACTION: SUMMARY: The purpose of this Federal Register notice is to inform the public of current U.S. statutes and regulations that may be applicable to a hydrogen economy and to request comments on their interface . This notice describes and indexes several statutory and regulatory provisions of each major Federal agency and discusses possible applications of these provisions to aspects of a hydrogen economy, including construction and certification of transportation/ports infrastructure, the use of fuel cells to power automobiles and generate electricity for homes and businesses, and effects on public safety and health. The notice also describes the regulatory jurisdictions of each Federal agency in the context of a hydrogen economy. In addition, public comments are invited on a Web site that was created to depict the regulatory framework of a hydrogen economy. The Web site is located at https:// hydrogen.gov/regulations.html. Comments will be used to improve the Web site. DATES: Comments must be received on or before March 6, 2007. Public Participation: The Ad Hoc Committee on a Regulatory Framework for a Hydrogen Economy (Ad Hoc Committee) of the Interagency Working Group on Hydrogen and Fuel Cells (IWG), which is part of the Executive Office of the President’s National Science and Technology Council (NSTC), is seeking comments and advice from individuals, public interest groups, industry and academia on this statement regarding the framework for regulation of a hydrogen economy. The Ad Hoc Committee members include the Office of Science and Technology Policy (OSTP), Department of State (DOS), U.S. Department of Transportation (DOT) (including the Federal Aviation Administration (FAA), Federal Highways Administration (FHWA), Federal Railroad Administration (FRA), National Highway Traffic Safety Administration (NHTSA), Federal Transit Administration (FTA), the Maritime Administration (MARAD), Federal Motor Carrier Administration (FMCSA), Pipeline and Hazardous Materials Safety Administration (PHMSA) and Research and Innovative Technology Administration (RITA)), Department of Agriculture (USDA), Department of Labor’s (DOL’s) Occupational Safety and Health Administration (OSHA), Environmental Protection Agency (EPA), National Aeronautics and Space Administration (NASA) and Federal E:\FR\FM\05JAN1.SGM 05JAN1

Agencies

[Federal Register Volume 72, Number 3 (Friday, January 5, 2007)]
[Notices]
[Pages 608-609]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-22606]


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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2005-23281, Notice No. 3]


Safety of Private Highway-Rail Grade Crossings; Notice of Safety 
Inquiry

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

ACTION: Notice of safety inquiry.

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

SUMMARY: On July 27, 2006, the FRA published a notice announcing its 
intent to conduct a series of open meetings throughout the United 
States, in cooperation with appropriate State agencies, to consider 
issues related to the safety of private highway-rail grade crossings. 
This notice indicated that the first of these meetings would be held 
August 30, 2006, in Fort Snelling, Minnesota. On September 22, 2006, 
the FRA published a second notice, which announced that FRA had 
scheduled subsequent meetings, to be held on September 27, 2006, in 
Raleigh, North

[[Page 609]]

Carolina; October 26, 2006, in San Francisco, California; and December 
6, 2006, in New Orleans, Louisiana. This Notice No. 3 announces that 
the FRA has scheduled an additional meeting, to be held on February 15, 
2007, in Syracuse, New York.
    At the meeting, FRA intends to solicit oral statements from private 
crossing owners, railroads and other interested parties on issues 
related to the safety of private highway-rail grade crossings, which 
will include, but not be limited to, current practices concerning 
responsibility for safety at private grade crossings, the adequacy of 
warning devices at private crossings, and the relative merits of a more 
uniform approach to improving safety at private crossings. FRA has also 
opened a public docket on these issues, so that interested parties may 
submit written comments for public review and consideration.

DATES: The public meeting will be held in Syracuse, New York on 
February 15, 2007, at the Doubletree Hotel, 6301 State Route 298, 
Syracuse, New York, 13057, beginning at 9:30 a.m.
    Persons wishing to participate are requested to provide their 
names, organizational affiliation and contact information to Michelle 
Silva, Docket Clerk, FRA, 1120 Vermont Avenue, NW., Washington, DC 
20590 (telephone 202-493-6030). Persons needing sign language 
interpretation or other reasonable accommodation for disability are 
also encouraged to contact Ms. Silva. Additional public meetings will 
be announced as they are scheduled.

FOR FURTHER INFORMATION CONTACT: Ron Ries, Office of Safety, FRA, 1120 
Vermont Avenue, NW., Washington, DC 20590 (telephone 202-493-6299); 
Miriam Kloeppel, Office of Safety, FRA, 1120 Vermont Avenue, NW., 
Washington, DC 20590 (telephone 202-493-6299); or Kathryn Shelton, 
Office of Chief Counsel, FRA, 1120 Vermont Avenue, NW., Washington, DC 
20590 (telephone 202-493-6038).

SUPPLEMENTARY INFORMATION: For additional information, please see the 
initial notice, published July 27 in the Federal Register (citation: 71 
FR 42713) and available at https://a257.g.akamaitech.net/7/257/2422/
01jan20061800/edocket.access.gpo.gov/2006/pdf/06-6501.pdf

Request for Comments

    While FRA solicits discussion and comments on all areas of safety 
at private highway-rail grade crossings, we particularly encourage 
comments on the following topics:
    [shabox3] At-grade highway-rail crossings present inherent risks to 
users, including the railroad and its employees, and to other persons 
in the vicinity should a train derail into an occupied area or release 
hazardous materials. When passenger trains are involved, the risks are 
heightened. From the standpoint of public policy, how do we determine 
whether creation or continuation of a private crossing is justified?
    [shabox3] Is the current assignment of responsibility for safety at 
private crossings effective? To what extent do risk management 
practices associated with insurance arrangements result in 
``regulation'' of safety at private crossings?
    [shabox3] How should improvement and/or maintenance costs 
associated with private crossing be allocated?
    [shabox3] Is there a need for alternative dispute resolution 
mechanisms to handle disputes that may arise between private crossing 
owners and the railroads?
    [shabox3] Should the State or Federal government assume greater 
responsibility for safety at private crossings?
    [shabox3] Should there be Nationwide standards for warning devices 
at private crossings, or for intersection design of new private grade 
crossings?
    [shabox3] How do we determine when a private crossing has a 
``public purpose'' and is subject to public use?
    [shabox3] Should some crossings be categorized as ``commercial 
crossings'', rather than as ``private crossings''?
    [shabox3] Are there innovative traffic control treatments that 
could improve safety at private crossings on major rail corridors, 
including those on which passenger service is provided?
    [shabox3] Should the Department of Transportation request enactment 
of legislation to address private crossings? If so, what should it 
include?

    Issued in Washington, DC, on December 29, 2006.
Jo Strang,
Associate Administrator for Safety.
 [FR Doc. E6-22606 Filed 1-4-07; 8:45 am]
BILLING CODE 4910-06-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.