Revised Proposal for Revisions to the Schedules of Civil Penalties for a Violation of a Federal Railroad Safety Law or Federal Railroad Administration Safety Regulation or Order; Reopening and Extending the Comment Period, 75448-75449 [2010-30366]

Download as PDF emcdonald on DSK2BSOYB1PROD with PROPOSALS-1 75448 Federal Register / Vol. 75, No. 232 / Friday, December 3, 2010 / Proposed Rules (f) Demilitarization. Demilitarization of contractor inventory may be required to prevent the property (both serviceable and unserviceable) from being used for its originally intended purpose, or prevent the release of inherent design information that could be used against the United States. The Contractor shall demilitarize contractor inventory possessing offensive or defense characteristics, and not required within DoD, in accordance with the terms and conditions of the contract and consistent with Defense Demilitarization Manual, DoD 4160.21–M–1, edition in effect as of the date of this contract. The plant clearance officer may authorize the purchaser to perform the demilitarization provided the property is not inherently dangerous to public health and safety. (g) Classified contractor inventory. The Contractor shall dispose of classified contractor inventory in accordance with applicable security guides and regulations or as directed by the contracting officer. (h) Inherently dangerous inventory. Contractor inventory dangerous to public health or safety shall not be donated or otherwise disposed of unless rendered innocuous or until adequate safeguards are provided. (i) Compliance with export control requirements. The Contractor is responsible for complying with export control laws and regulations. This includes ensuring necessary and appropriate reviews of potential surplus sales buyers of MLI and CCLI. (j) Disposal of scrap. (1) Contractor with an approved scrap procedure. (i) The Contractor shall submit for approval to the property administrator a procedure for the untability and management of scrap. The procedure shall, at a minimum, provide for the effective and efficient disposition of scrap so as to minimize costs and maximize sales proceeds; and contain the necessary internal controls for mitigating the improper release of non-scrap property. Government- and contractor-owned scrap may be commingled, with plant clearance officer concurrence, when determined to be effective and efficient. (ii) Once approved by the property administrator, the plant clearance officer may authorize routine disposal of scrap. (2) The property administrator may waive the requirement for an approved scrap procedure if the amount of scrap produced or to be produced is minimal and poses little risk. (3) Scrap warranty. (i) The Contractor shall require all buyers of scrap to sign a DD Form 1639, Scrap Warranty. (ii) The Contracting Officer may release the Contractor from the terms of the scrap warranty in return for consideration paid to the Government. The consideration will represent the difference between— (A) The sale price of the scrap; and (B) A fair and reasonable price for the material if it had been sold for purposes other than scrap. (iii) The Contractor shall pay the consideration to the Government and the Government may execute the release even VerDate Mar<15>2010 16:15 Dec 02, 2010 Jkt 223001 though the contract containing the warranty was not made directly with the Government. (iv) If the scrap is resold to a second buyer, the first buyer shall obtain a scrap warranty from the second buyer. Upon receipt of the second buyer’s scrap warranty, the Government will release the first buyer from liability under the original warranty. (k) Disposal of contractor inventory for NATO cooperative projects. (1) North Atlantic Treaty Organization (NATO) cooperative project agreements may include disposal provisions of jointly acquired property without regard to any applicable disposal laws of the United States. (2) Disposal of such property includes transfer of U.S. interests in the property to one of the other governments participating in the agreements, or the sale of the property. (3) Payment for the transfer or sale of any U.S. interest shall be made in accordance with the terms of the project agreement. (l) Sale of surplus contractor inventory. (1) The Contractor or its employees shall submit their bids to the plant clearance officer prior to soliciting bids from other prospective bidders. (2) The Contractor shall solicit a sufficient number of bidders to obtain adequate competition and use formal invitations for bid, unless the plant clearance officer approves use of informal bid procedures. The Contractor shall include in its invitation for bids, the sales terms and conditions provided by the plant clearance officer. (3) The Contractor shall solicit bids at least 15 calendar days before bid opening to allow adequate opportunity to inspect property and prepare bids. (4) For large sales, the Contractor may use summary lists of items offered as bid sheets with detailed descriptions attached. (5) In addition to mailing or delivering notice of the proposed sale to prospective bidders, the Contractor may (when the results are expected to justify the additional expense) display a notice of the proposed sale in appropriate public places, e.g., publish a sales notice in appropriate trade journals or magazines and local newspapers. (6) When the acquisition cost of the property to be sold at one time, in one place, is $250,000 or more, the Contractor shall send a notice of the proposed sale to FedBizOpps (https://www.fbo.gov). (7) The plant clearance officer or representative will witness the bid opening. Within two working days after bid opening, the Contractor will submit to the plant clearance officer, either electronically or manually, two copies of the bid abstract. (8) When demilitarization of property is required, whether on or off contractor or Government premises, the sales contract must include the following provisions: (i) Demilitarization. Item(s) ____ require demilitarization by the Purchaser. Insert item number(s) and specific demilitarization requirements for item(s) shown in Defense Demilitarization Manual, DoD 4160.21–M–1, edition in effect as of the date of this contract. (ii) Demilitarization on Government or non-Government premises. Property requiring demilitarization shall be demilitarized by the Purchaser under the PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 supervision of qualified Department of Defense personnel. Property requiring demilitarization shall not be removed, and title shall not pass to the Purchaser, until demilitarization has been accomplished and verified by a Government representative. Demilitarization will be accomplished as specified in the contract. The Purchaser agrees to assume all costs incident to the demilitarization and to restore the working area to its present condition after removing the demilitarized property. (iii) Failure to demilitarize. If the Purchaser fails to demilitarize the property as specified in the contract, the Contractor may, upon giving ten days written notice from date of mailing to the Purchaser— (A) Repossess, demilitarize, and return the property to the Purchaser. The Purchaser hereby agrees to pay to the Contractor, prior to the return of the property, all costs incurred by the Contractor in repossessing, demilitarizing, and returning the property to the Purchaser. (B) Repossess, demilitarize, and resell the property, and charge the defaulting Purchaser with all excess costs incurred by the Contractor. The Contractor shall deduct these costs from the purchase price and refund the balance of the purchase price, if any, to the Purchaser. In the event the excess costs exceed the purchase price, the defaulting Purchaser hereby agrees to pay these excess costs to the Contractor. (C) Repossess and resell the property under similar terms and conditions. In the event this option is exercised, the Contractor shall charge the defaulting Purchaser with all excess costs incurred by the Contractor. The Contractor shall deduct these excess costs from the original purchase price and refund the balance of the purchase price, if any, to the defaulting Purchaser. Should the excess costs to the Contractor exceed the purchase price, the defaulting Purchaser hereby agrees to pay these excess costs to the Contractor. (End of clause) [FR Doc. 2010–30285 Filed 12–2–10; 8:45 am] BILLING CODE 5001–08–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration 49 CFR Parts 209, 213, 214, 215, 217, 218, 219, 220, 221, 222, 223, 224, 225, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 238, 239, 240, and 241 [Docket No. FRA–2006–25274, Notice No. 3] RIN 2130–ZA00 Revised Proposal for Revisions to the Schedules of Civil Penalties for a Violation of a Federal Railroad Safety Law or Federal Railroad Administration Safety Regulation or Order; Reopening and Extending the Comment Period Federal Railroad Administration (FRA), Department of Transportation (DOT). AGENCY: E:\FR\FM\03DEP1.SGM 03DEP1 Federal Register / Vol. 75, No. 232 / Friday, December 3, 2010 / Proposed Rules Reopening and extending the comment period. ACTION: Due to comments received from the Association of American Railroads (AAR) during the initial comment period, FRA is reopening the comment period for its proposal published on September 21, 2010. The proposal, if adopted, would amend, line by line, FRA’s schedules of civil penalties issued as appendices to FRA’s rail safety regulations, as well as other guidance. AAR stated in its comments on the proposal that FRA did not give the railroad industry adequate time to review all the penalties listed in the proposal to determine if they match the severity-scale criteria, which are also listed in the proposal. Therefore, FRA is reopening and extending the comment period in order to allow AAR more time to review the penalties in the severity scale and to identify and comment more fully on which individual penalties do not in its opinion satisfy the severityscale criteria. FRA also seeks further comments from other interested parties that were unable to comment during the initial comment period. The comment period is reopened until February 1, 2011. SUMMARY: Written comments must be received by February 1, 2011. Comments received after that date will be considered to the extent possible without incurring additional delay or expense. DATES: Comments: Comments related to this Docket No. FRA 2006– 25274, Notice No. 3, may be submitted by any of the following methods: • Fax: 202–493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • Hand Delivery: 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. • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments. Instructions: All submissions must include the agency name and docket number or Regulatory Identification Number (RIN) for this rulemaking. Note that all comments received will be posted without change to https:// www.regulations.gov including any personal information provided. emcdonald on DSK2BSOYB1PROD with PROPOSALS-1 ADDRESSES: VerDate Mar<15>2010 16:15 Dec 02, 2010 Jkt 223001 Docket: For access to the docket to read background documents or comments received go to https:// www.regulations.gov at any time or to U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Ron Hynes, Director, Office of Safety Compliance and Assurance, Office of Railroad Safety, FRA, 1200 New Jersey Avenue, SE., Washington, DC 20590 (telephone 202–493–6404), ronald.hynes@dot.gov; or Brian Roberts, Trial Attorney, Office of Chief Counsel, FRA, 1200 New Jersey Avenue, SE., Mail Stop 10, Washington, DC 20590 (telephone 202–493–6052), brian.roberts@dot.gov. FOR FURTHER INFORMATION CONTACT: FRA’s proposal to amend, line by line, FRA’s schedules of civil penalties as well as other guidance was published on September 21, 2010 (75 FR 57598). The initial comment period closed on October 21, 2010. During this 30-day comment period, FRA received comments from both AAR and The American Short Line and Regional Railroad Association. In its comments, AAR provided examples of penalties in the proposal that it believed did not match the severity-scale criteria. However, AAR also stated that FRA did not give it adequate time to review all the penalties in the proposal and determine whether they matched the severity-scale criteria. Therefore, FRA is reopening the comment period to allow AAR an opportunity to comment on these perceived inconsistencies more fully. FRA will address all other comments made during the initial and additional comment period in the final statement of agency policy. Privacy Act: FRA wishes to inform all potential commenters that anyone is able to search the electronic form of all comments received into any agency docket by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the edition of the Federal Register published on April 11, 2000 (65 FR 19477–78), or you may visit https://regulations.gov/search/ footer/privacyanduse.jsp. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 75449 Issued in Washington, DC, on November 29, 2010. Karen J. Rae, Deputy Administrator. [FR Doc. 2010–30366 Filed 12–2–10; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 100804324–0489–01] RIN 0648–BA01 Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Comment Period Extension National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; extension of a comment period. AGENCY: NMFS is extending the comment period for the proposed rule to implement the 2011–2012 Biennial Specifications and Management Measures; Amendment 16–5; and Amendment 23 to the Pacific Coast Groundfish Fishery Management Plan (PCGFMP). The comment period is being extended to provide additional opportunity for public comment. DATES: Comments must be received no later than 5 p.m., local time on January 4, 2011. ADDRESSES: You may submit comments, identified by the RIN number 0648– BA01, by any of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal https:// www.regulations.gov. • Fax: 206–526–6736, Attn: Sarah Williams. • Mail: William Stelle, Administrator, Northwest Region, NMFS, 7600 Sand Point Way, NE., Seattle, WA 98115– 0070, Attn: Sarah Williams. Instructions: All comments received are a part of the public record and will generally be 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. National Marine Fisheries Service (NMFS) will accept anonymous SUMMARY: E:\FR\FM\03DEP1.SGM 03DEP1

Agencies

[Federal Register Volume 75, Number 232 (Friday, December 3, 2010)]
[Proposed Rules]
[Pages 75448-75449]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30366]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Parts 209, 213, 214, 215, 217, 218, 219, 220, 221, 222, 223, 
224, 225, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 238, 
239, 240, and 241

[Docket No. FRA-2006-25274, Notice No. 3]
RIN 2130-ZA00


Revised Proposal for Revisions to the Schedules of Civil 
Penalties for a Violation of a Federal Railroad Safety Law or Federal 
Railroad Administration Safety Regulation or Order; Reopening and 
Extending the Comment Period

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

[[Page 75449]]


ACTION: Reopening and extending the comment period.

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

SUMMARY: Due to comments received from the Association of American 
Railroads (AAR) during the initial comment period, FRA is reopening the 
comment period for its proposal published on September 21, 2010. The 
proposal, if adopted, would amend, line by line, FRA's schedules of 
civil penalties issued as appendices to FRA's rail safety regulations, 
as well as other guidance. AAR stated in its comments on the proposal 
that FRA did not give the railroad industry adequate time to review all 
the penalties listed in the proposal to determine if they match the 
severity-scale criteria, which are also listed in the proposal. 
Therefore, FRA is reopening and extending the comment period in order 
to allow AAR more time to review the penalties in the severity scale 
and to identify and comment more fully on which individual penalties do 
not in its opinion satisfy the severity-scale criteria. FRA also seeks 
further comments from other interested parties that were unable to 
comment during the initial comment period. The comment period is 
reopened until February 1, 2011.

DATES: Written comments must be received by February 1, 2011. Comments 
received after that date will be considered to the extent possible 
without incurring additional delay or expense.

ADDRESSES: Comments: Comments related to this Docket No. FRA 2006-
25274, Notice No. 3, may be submitted by any of the following methods:
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: 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.
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting 
comments.
    Instructions: All submissions must include the agency name and 
docket number or Regulatory Identification Number (RIN) for this 
rulemaking. Note that all comments received will be posted without 
change to https://www.regulations.gov including any personal information 
provided.
    Docket: For access to the docket to read background documents or 
comments received go to https://www.regulations.gov at any time or to 
U.S. Department of Transportation, Docket Operations, M-30, West 
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ron Hynes, Director, Office of Safety 
Compliance and Assurance, Office of Railroad Safety, FRA, 1200 New 
Jersey Avenue, SE., Washington, DC 20590 (telephone 202-493-6404), 
ronald.hynes@dot.gov; or Brian Roberts, Trial Attorney, Office of Chief 
Counsel, FRA, 1200 New Jersey Avenue, SE., Mail Stop 10, Washington, DC 
20590 (telephone 202-493-6052), brian.roberts@dot.gov.

SUPPLEMENTARY INFORMATION: FRA's proposal to amend, line by line, FRA's 
schedules of civil penalties as well as other guidance was published on 
September 21, 2010 (75 FR 57598). The initial comment period closed on 
October 21, 2010. During this 30-day comment period, FRA received 
comments from both AAR and The American Short Line and Regional 
Railroad Association. In its comments, AAR provided examples of 
penalties in the proposal that it believed did not match the severity-
scale criteria. However, AAR also stated that FRA did not give it 
adequate time to review all the penalties in the proposal and determine 
whether they matched the severity-scale criteria. Therefore, FRA is 
reopening the comment period to allow AAR an opportunity to comment on 
these perceived inconsistencies more fully. FRA will address all other 
comments made during the initial and additional comment period in the 
final statement of agency policy.
    Privacy Act: FRA wishes to inform all potential commenters that 
anyone is able to search the electronic form of all comments received 
into any agency docket by the name of the individual submitting the 
comment (or signing the comment, if submitted on behalf of an 
association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the edition of the Federal Register 
published on April 11, 2000 (65 FR 19477-78), or you may visit https://regulations.gov/search/footer/privacyanduse.jsp.

    Issued in Washington, DC, on November 29, 2010.
Karen J. Rae,
Deputy Administrator.
[FR Doc. 2010-30366 Filed 12-2-10; 8:45 am]
BILLING CODE 4910-06-P