Railroad Workplace Safety; Adjacent-Track On-Track Safety for Roadway Workers, 47124-47125 [E8-18714]

Download as PDF 47124 Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Proposed Rules List of Subjects in 48 CFR Parts 501, 549, and 552 DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Government procurement. 49 CFR Part 214 Dated: August 6, 2008. Al Matera, Director, Office of Acquisition Policy. [Docket No. FRA–2008–0059, Notice No. 2] RIN 2130–AB93 Therefore, GSA proposes to amend 48 CFR parts 501, 549 and 552 as set forth below: PART 501—GENERAL SERVICES ADMINISTRATION ACQUISITION REGULATION SYSTEM Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM); withdrawal. AGENCY: 1. The authority citation for 48 CFR part 501 continues to read as follows: Authority: 40 U.S.C. 121(c). 501.106 [Amended] 2. Amend section 501.106 by removing the GSAR Reference ‘‘549.502(b)’’ and corresponding OMB Control Number ‘‘3090–0027’’; and removing the GSAR Reference ‘‘552.249–71’’ and corresponding OMB Control Number ‘‘3090–0227’’. PART 549—TERMINATION OF CONTRACTS 3. The authority citation for 48 CFR part 549 is revised to read as follows: Authority: 40 U.S.C. 121(c). 549.5 [Removed] 4. Remove subpart 549.5. 549.502 [Removed] PART 552—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 6. The authority citation for 48 CFR part 552 continues to read as follows: Authority: 40 U.S.C. 121(c). [Removed] 7. Remove sections 552.249–70 and 552.249–71. [FR Doc. E8–18722 Filed 8–12–08; 8:45 am] hsrobinson on PROD1PC76 with PROPOSALS BILLING CODE 6820–61–S SUMMARY: On July 17, 2008, FRA published an NPRM in the Federal Register addressing adjacent-track ontrack safety procedures for roadway workers. For the reasons stated below, FRA has decided to withdraw the NPRM. The NPRM published on July 17, 2008 at 73 FR 41214 is withdrawn as of August 13, 2008. FOR FURTHER INFORMATION CONTACT: Kenneth Rusk, Staff Director, Track Division, Office of Safety Assurance and Compliance, FRA, 1200 New Jersey Avenue, SE., RRS–15, Mail Stop 25, Washington, DC 20590 (telephone 202– 493–6236); or Anna Winkle, Trial Attorney, Office of Chief Counsel, FRA, 1200 New Jersey Avenue, SE., RCC–12, Mail Stop 10, Washington, DC 20590 (telephone 202–493–6166 or 202–493– 6052). DATES: The NPRM was developed in order to respond to fatal train incidents and in response to recommendations from the Railroad Safety Advisory Committee (RSAC). The NPRM was published with an abbreviated comment period in order to address the issue in a more timely fashion, in response to a joint petition for Emergency Order that was filed by the Brotherhood of Maintenance of Way Employes Division (BMWED) and the Brotherhood of Railroad Signalmen (BRS). However, since the publication of the NPRM, FRA received a joint request from BMWED and BRS that FRA extend the comment period for this NPRM to 60 days, due to concern that parts of the NPRM failed to accurately capture the consensus recommendations of the RSAC.1 The joint request did not specify SUPPLEMENTARY INFORMATION: 5. Remove section 549.502. 552.249–70 and 552.249–71 Railroad Workplace Safety; AdjacentTrack On-Track Safety for Roadway Workers 1 FRA notes that extending the comment period to September 15, 2008, would remove all possibilities of any final rule becoming effective prior to the fourth quarter (October–December), in which the majority of the adjacent-track fatalities have occurred. VerDate Aug<31>2005 15:58 Aug 12, 2008 Jkt 214001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 which parts of the NPRM failed to reflect the consensus recommendations, and no formal comments have been submitted by the BMWED or BRS to that effect. However, there have been several ‘‘ex parte’’ communications subsequent to the filing of the joint request in which a representative of the BMWED has recommended that FRA make very specific changes to the proposed rule. In accordance with the Department of Transportation’s Policy (Order No. 2100.2 (1970)), all communications between FRA employees and other parties since the publication of the NPRM have been reduced to writing and placed in the public docket. It should be noted that while the proposed rule text was intended to be responsive to the intent of the consensus language recommended to FRA by the RSAC, FRA may not delegate its rulemaking authority to a committee, and may choose to accept or reject any or all of the consensus proposals for cause stated. However, in consideration of the assistance provided by the RSAC, FRA does endeavor to ensure that FRA representatives to the consensus process reflect the policies of the Federal Railroad Administrator. In reviewing the consensus language, there were several areas that FRA thought needed clarification in order to ensure uniform application of the law, as well as enforceability of the consensus language if it were to be adopted as written. In crafting the NPRM, FRA presented the RSAC consensus language in the preamble verbatim and transparently explained its rationale for all changes it made to the consensus language. As this was an NPRM, FRA sought comment on the entire proposal, including those portions that FRA sought to clarify. FRA recognizes that inadvertent errors do sometimes occur in formulating a proposal and expects that interested parties would provide comments to both FRA and all other interested parties through the established comment process detailed in the NPRM. Given the alleged discrepancies between the consensus language and the proposed rule, the need to clarify the essential issues and move toward resolution of the safety concern at hand, and the ex parte communications regarding this proposed rule, FRA has decided to withdraw this rulemaking and will take such further regulatory steps as safety requires. The docket for this rulemaking has been closed. Any formal comments submitted on this NPRM will need to be resubmitted by the commenter, if still applicable, to a future rulemaking docket. E:\FR\FM\13AUP1.SGM 13AUP1 Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Proposed Rules Issued in Washington, DC on August 7, 2008. Joseph H. Boardman, Administrator. [FR Doc. E8–18714 Filed 8–11–08; 10:00 am] BILLING CODE 4910–06–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 600 [Docket No. 070717348–7766–02] RIN 0648–AV60 Magnuson-Stevens Act Provisions; Annual Catch Limits; National Standard Guidelines National Marine Fisheries Service (NMFS); National Oceanic and Atmospheric Administration (NOAA); Commerce. ACTION: Proposed rule, extension of comment period. AGENCY: hsrobinson on PROD1PC76 with PROPOSALS SUMMARY: NMFS extends the public comment period on the proposed rule to revise National Standard 1 (NS1) guidelines, including guidance on how to comply with new annual catch limit (ACL) and accountability measures (AM) requirements for ending overfishing of fisheries managed by federal fishery management plans. NMFS has received various requests to extend the comment period for the proposed rule beyond its current 90-day comment period. The extension of the comment period for another two weeks VerDate Aug<31>2005 15:58 Aug 12, 2008 Jkt 214001 is intended to ensure that NMFS provides adequate time for various stakeholders and members of the public to comment on the proposed guidance on ACLs and AMs and other proposed revisions to the NS1 guidelines. The comment period ending date is extended from September 8, 2008, to September 22, 2008. DATES: Comments must be received on or before September 22, 2008. ADDRESSES: You may submit comments, identified by 0648–AV60, by any of the following methods: • Electronic submissions: Submit all electronic public comments via the Federal e-Rulemaking portal: https:// www.regulations.gov; • Fax: 301–713–1193, Attn: Mark Millikin; • Mail: Mark R. Millikin, National Marine Fisheries Service, NOAA, Office of Sustainable Fisheries, 1315 East-West Highway, Room 13357, Silver Spring, MD 20910 (mark outside of envelope ‘‘Comments on Annual Catch Limits proposed rule’’); Instructions: All comments received are a part of the public record and will be generally posted to https:// www.regulations.gov without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information. NMFS will accept anonymous comments (enter N/A in the required fields, if you wish to remain anonymous). Attachments to electronic PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 47125 comments will be accepted in Microsoft Word, Excel, Wordperfect, or Adobe PDF file formats only. Copies of the Regulatory Impact review (RIR)/Regulatory Flexibility Act analysis (RFAA) for this proposed rule are available from Mark R. Millikin at the address listed above. The RIR/RFAA document is also available via the internet at https://www.nmfs.noaa.gov/ msa2007/catchlimits.htm. FOR FURTHER INFORMATION CONTACT: Mark R. Millikin, Senior Fishery Management Specialist, 301–713–2341. A proposed rule that covers NMFS’ proposed revisions to the NS1 guidelines, including guidance on ACLs and AMs was published in the Federal Register on June 9, 2008 (73 FR 32526), with a comment period ending date of September 8, 2008. After receiving several requests to extend the comment period, NMFS has decided to extend it for another two weeks through September 22, 2008. This action extends the comment period for a proposed rule that the Office of Management and Budget determined to be significant under Executive Order 12866. SUPPLEMENTARY INFORMATION: Authority: 16 U.S.C 1801 et seq. Dated: August 8, 2008. John Oliver, Deputy Assistant Administrator for Operations, National Marine Fisheries Service. [FR Doc. E8–18756 Filed 8–12–08; 8:45 am] BILLING CODE 3510–22–S E:\FR\FM\13AUP1.SGM 13AUP1

Agencies

[Federal Register Volume 73, Number 157 (Wednesday, August 13, 2008)]
[Proposed Rules]
[Pages 47124-47125]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18714]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 214

[Docket No. FRA-2008-0059, Notice No. 2]
RIN 2130-AB93


Railroad Workplace Safety; Adjacent-Track On-Track Safety for 
Roadway Workers

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

ACTION: Notice of proposed rulemaking (NPRM); withdrawal.

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

SUMMARY: On July 17, 2008, FRA published an NPRM in the Federal 
Register addressing adjacent-track on-track safety procedures for 
roadway workers. For the reasons stated below, FRA has decided to 
withdraw the NPRM.

DATES: The NPRM published on July 17, 2008 at 73 FR 41214 is withdrawn 
as of August 13, 2008.

FOR FURTHER INFORMATION CONTACT: Kenneth Rusk, Staff Director, Track 
Division, Office of Safety Assurance and Compliance, FRA, 1200 New 
Jersey Avenue, SE., RRS-15, Mail Stop 25, Washington, DC 20590 
(telephone 202-493-6236); or Anna Winkle, Trial Attorney, Office of 
Chief Counsel, FRA, 1200 New Jersey Avenue, SE., RCC-12, Mail Stop 10, 
Washington, DC 20590 (telephone 202-493-6166 or 202-493-6052).

SUPPLEMENTARY INFORMATION: The NPRM was developed in order to respond 
to fatal train incidents and in response to recommendations from the 
Railroad Safety Advisory Committee (RSAC). The NPRM was published with 
an abbreviated comment period in order to address the issue in a more 
timely fashion, in response to a joint petition for Emergency Order 
that was filed by the Brotherhood of Maintenance of Way Employes 
Division (BMWED) and the Brotherhood of Railroad Signalmen (BRS). 
However, since the publication of the NPRM, FRA received a joint 
request from BMWED and BRS that FRA extend the comment period for this 
NPRM to 60 days, due to concern that parts of the NPRM failed to 
accurately capture the consensus recommendations of the RSAC.\1\ The 
joint request did not specify which parts of the NPRM failed to reflect 
the consensus recommendations, and no formal comments have been 
submitted by the BMWED or BRS to that effect. However, there have been 
several ``ex parte'' communications subsequent to the filing of the 
joint request in which a representative of the BMWED has recommended 
that FRA make very specific changes to the proposed rule. In accordance 
with the Department of Transportation's Policy (Order No. 2100.2 
(1970)), all communications between FRA employees and other parties 
since the publication of the NPRM have been reduced to writing and 
placed in the public docket.
---------------------------------------------------------------------------

    \1\ FRA notes that extending the comment period to September 15, 
2008, would remove all possibilities of any final rule becoming 
effective prior to the fourth quarter (October-December), in which 
the majority of the adjacent-track fatalities have occurred.
---------------------------------------------------------------------------

    It should be noted that while the proposed rule text was intended 
to be responsive to the intent of the consensus language recommended to 
FRA by the RSAC, FRA may not delegate its rulemaking authority to a 
committee, and may choose to accept or reject any or all of the 
consensus proposals for cause stated. However, in consideration of the 
assistance provided by the RSAC, FRA does endeavor to ensure that FRA 
representatives to the consensus process reflect the policies of the 
Federal Railroad Administrator. In reviewing the consensus language, 
there were several areas that FRA thought needed clarification in order 
to ensure uniform application of the law, as well as enforceability of 
the consensus language if it were to be adopted as written. In crafting 
the NPRM, FRA presented the RSAC consensus language in the preamble 
verbatim and transparently explained its rationale for all changes it 
made to the consensus language. As this was an NPRM, FRA sought comment 
on the entire proposal, including those portions that FRA sought to 
clarify.
    FRA recognizes that inadvertent errors do sometimes occur in 
formulating a proposal and expects that interested parties would 
provide comments to both FRA and all other interested parties through 
the established comment process detailed in the NPRM. Given the alleged 
discrepancies between the consensus language and the proposed rule, the 
need to clarify the essential issues and move toward resolution of the 
safety concern at hand, and the ex parte communications regarding this 
proposed rule, FRA has decided to withdraw this rulemaking and will 
take such further regulatory steps as safety requires. The docket for 
this rulemaking has been closed. Any formal comments submitted on this 
NPRM will need to be resubmitted by the commenter, if still applicable, 
to a future rulemaking docket.


[[Page 47125]]


    Issued in Washington, DC on August 7, 2008.
Joseph H. Boardman,
Administrator.
[FR Doc. E8-18714 Filed 8-11-08; 10:00 am]
BILLING CODE 4910-06-P
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