National Highway-Rail Crossing Inventory Reporting Requirements, 5161-5162 [2013-01397]

Download as PDF Federal Register / Vol. 78, No. 16 / Thursday, January 24, 2013 / Proposed Rules EPA has promulgated a final rule through a notice-and-comment rulemaking process, States have had an opportunity to draft and submit SIPs, EPA has reviewed the SIPs to determine if they can be approved, and EPA has taken action on the SIPs, including promulgating a Federal Implementation Plan (FIP) if appropriate. These steps alone will take many years, even with EPA and the states acting expeditiously. For these reasons, EPA believes it is appropriate to allow Connecticut to rely on CAIR at this time, and the existing emissions reductions achieved by CAIR, as sufficiently permanent and enforceable for purposes such as visibility improvement for the first Regional Haze planning period and BART. Following promulgation of the replacement rule, EPA will take action to require states to revise their regional haze SIPs to address the BART requirements. At that time, EPA will also determine whether, and to what extent, the replacement rule provides for greater reasonable progress than case by case BART. mstockstill on DSK4VPTVN1PROD with IV. EPA’s Supplemental Proposed Action EPA is proposing to approve Connecticut’s use of the existing federally enforceable RCSA Section 22a–174–22c, ‘‘The Clean Air Interstate Rule (CAIR) Nitrogen Oxides (NOX) Ozone Season Trading Program,’’ as originally submitted by the State on November 18, 2009, as one component of its alternative to BART program. We are also withdrawing our previous proposed approval of RCSA Section 22a–174–22d as one element of Connecticut’s alternative to BART plan. EPA is soliciting public comments on the issues discussed in this notice. EPA is only taking comment on the use of ozone season CAIR as part of Connecticut’s Alternative to BART program. These comments will be considered before taking final action. Interested parties may participate in the Federal rulemaking procedure by submitting written comments to the EPA New England Regional Office listed in the ADDRESSES section of this Federal Register. V. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve State choices, provided that they meet the criteria of the Clean Air Act. VerDate Mar<15>2010 18:31 Jan 23, 2013 Jkt 229001 Accordingly, this proposed action merely approves State law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law. For that reason, this proposed action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the State, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 5161 Authority: 42 U.S.C. 7401 et seq. Dated: January 11, 2013. Ira W. Leighton, Acting Regional Administrator, EPA Region 1. [FR Doc. 2013–01417 Filed 1–23–13; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration 49 CFR Part 234 [Docket No. FRA–2011–0007, Notice No. 3] RIN 2130–AC26 National Highway-Rail Crossing Inventory Reporting Requirements Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Announcement of public hearing and extension of comment period. AGENCY: By notice of proposed rulemaking (NPRM) published on October 18, 2012, FRA proposed a rule that would require railroads to submit information to the U.S. DOT National Highway-Rail Crossing Inventory (Crossing Inventory) about highway-rail and pathway crossings over which they operate. This document announces a public hearing to provide interested parties an opportunity to comment on the NPRM. This document also extends the NPRM comment period to allow interested parties to submit comments in response to issues raised at the public hearing. DATES: A public hearing will be held on February 19, 2013 in Washington, DC, and will commence at 10 a.m. The comment period in this proceeding is extended to March 29, 2013. ADDRESSES: (1) Public Hearing: The public hearing will be held at the Washington Plaza Hotel, 10 Thomas Circle NW., Washington, DC 20005. (2) Attendance: Any person wishing to participate in the public hearing should notify Michelle Silva in FRA’s Office of Chief Counsel by telephone or in writing, by mail or email, at least five business days before the date of the hearing. Ms. Silva’s contact information is as follows: FRA, Office of Chief Counsel, Mail Stop 10, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone: 202–493–6030; email: michelle.silva@dot.gov. For information on facilities or services for persons with disabilities or to request special assistance at the SUMMARY: E:\FR\FM\24JAP1.SGM 24JAP1 5162 Federal Register / Vol. 78, No. 16 / Thursday, January 24, 2013 / Proposed Rules meeting, please contact by telephone or email as soon as possible, Larry Woolverton at 202–493–6212 or larry. woolverton@dot.gov. FOR FURTHER INFORMATION CONTACT: Ronald Ries, Staff Director, Grade Crossing Safety and Trespass Prevention, Office of Safety Analysis, FRA, 1200 New Jersey Avenue SE., Mail Stop 25, Washington, DC 20590 (telephone: 202–493–6299), ronald.ries@dot.gov; or Kathryn Shelton, Office of Chief Counsel, FRA, 1200 New Jersey Avenue SE., Mail Stop 13, Washington, DC 20590 (telephone: 202– 493–6063), kathryn.shelton@dot.gov. FRA has received written comments from interested parties, including Applied Research Associates, Inc. and Orion’s Angels, related to the use of information submitted by railroads to the Crossing Inventory about the highway-rail and pathway crossings over which they operate. While this issue is not specifically addressed in the NPRM, FRA will hold a public hearing to facilitate the exchange of information and concerns regarding FRA’s proposed rule. The public hearing is meant to provide an opportunity for interested parties to articulate the issues and concerns they have with the NPRM and to respond to the specific comments requested therein related to the draft Inventory Form and draft Inventory Guide, so that these issues can be fully addressed in any final rule that is developed. Interested parties are invited to present oral statements and to proffer information and views related to FRA’s proposal at the hearing. The hearing will be informal and will be conducted by a representative designated by FRA in accordance with 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 proffering evidence. An FRA representative will make an opening statement outlining the scope of the hearing. After all initial statements by those wishing to comment have been completed; those persons wishing to make a brief rebuttal will be afforded an opportunity to do so in the same order in which the initial statements were made. Additional procedures, as necessary for the conduct of the hearing, will be announced at the hearing. A transcript of the discussions will be made a part of the public docket in this proceeding. mstockstill on DSK4VPTVN1PROD with SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 18:31 Jan 23, 2013 Jkt 229001 Public Participation Procedures Any person wishing to participate in the public hearing should notify FRA by telephone or in writing, by mail or email, at the addresses provided in the Attendance section of this notice at least five business days prior to the date of the hearing. The notification should identify the party the person represents, and the particular subject(s) the person plans to address. The notification should also provide the participant’s mailing address, email address (if applicable), and other contact information. FRA reserves the right to limit the duration of presentations, if necessary, to provide all participants the opportunity to speak. To accommodate the public hearing and to provide interested parties the opportunity to submit comments in response to views or information provided at the public hearing, FRA is extending the comment period in this proceeding to March 29, 2013. Follow-Up to December 13, 2012 Technical Symposium In an effort to facilitate discussion on technical issues associated with the electronic submission of data to the Crossing Inventory, FRA hosted a technical symposium on December 13, 2012. See 77 FR 68722 (Nov. 16, 2012). A transcript of the symposium is available in the public docket. As a result of discussions at that technical symposium, FRA intends to host a series of follow-up technical meetings to further discuss with all interested parties technical issues and concerns associated with electronic submission of data to the Crossing Inventory. The date, time, and location of these technical meetings will be announced in notices posted in the public docket of this rulemaking proceeding. FRA will also notify via email those individuals who participated in the December 13, 2012 technical symposium and provided their email addresses to FRA. Any person wishing to participate in these technical meetings, who has not already expressed an interest and provided an email address to FRA, should notify Ms. Michelle Silva of his or her interest by telephone or in writing (by email) at the address provided in the Attendance section of this notice. Note, however, that these technical meetings are intended to allow for the free flow of technical data and information between all interested parties. Any individual’s or organization’s involvement in any of these technical meetings will not be construed as official comments to the Frm 00017 Fmt 4702 Sfmt 4702 Issued in Washington, DC, on January 17, 2013. Jo Strang, Associate Administrator for Railroad Safety/ Chief Safety Officer. [FR Doc. 2013–01397 Filed 1–23–13; 8:45 am] BILLING CODE 4910–06–P Extension of Comment Period PO 00000 NPRM. Any person wishing to comment on the NPRM must present his or her comments at the February 19, 2013 public hearing or submit such comments in writing to the docket as instructed in this document. Although the proceedings of these additional technical meetings will not be transcribed, minutes of the meetings will be kept by FRA personnel and placed in the underlying rulemaking docket (docket no. FRA–2011–0007). DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 253 RIN 0648–BC68 Designation of a Nonessential Experimental Population of Central Valley Spring-Run Chinook Salmon Below Friant Dam in the San Joaquin River, CA National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meetings; correction. AGENCY: On January 16, 2013, we, NMFS, published a proposed rule to designate a nonessential experimental population of Central Valley spring-run Chinook salmon under section 10(j) of the Endangered Species Act in portions of the San Joaquin River and a notice of availability for the draft environmental assessment associated with this action. The proposed rule contained incorrect dates for two of our meetings. We announce new dates for public meetings on this action. DATES: The first meeting will be in Fresno, CA on January 29, 2013, at the Fresno Metropolitan Flood Control District, Board Meeting Room, 5469 E. Olive Avenue from 5:30 p.m. to 7:30 p.m. (The public should park in the front parking area (rear parking area closes at 5:30 p.m. with no exit after that time) and enter the door located on the west side of the front building). The second meeting will be in Los Banos, CA on January 30, 2013, at the Los Banos Community Center, 645 7th SUMMARY: E:\FR\FM\24JAP1.SGM 24JAP1

Agencies

[Federal Register Volume 78, Number 16 (Thursday, January 24, 2013)]
[Proposed Rules]
[Pages 5161-5162]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01397]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 234

[Docket No. FRA-2011-0007, Notice No. 3]
RIN 2130-AC26


National Highway-Rail Crossing Inventory Reporting Requirements

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

ACTION: Announcement of public hearing and extension of comment period.

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

SUMMARY: By notice of proposed rulemaking (NPRM) published on October 
18, 2012, FRA proposed a rule that would require railroads to submit 
information to the U.S. DOT National Highway-Rail Crossing Inventory 
(Crossing Inventory) about highway-rail and pathway crossings over 
which they operate. This document announces a public hearing to provide 
interested parties an opportunity to comment on the NPRM. This document 
also extends the NPRM comment period to allow interested parties to 
submit comments in response to issues raised at the public hearing.

DATES: A public hearing will be held on February 19, 2013 in 
Washington, DC, and will commence at 10 a.m. The comment period in this 
proceeding is extended to March 29, 2013.

ADDRESSES: (1) Public Hearing: The public hearing will be held at the 
Washington Plaza Hotel, 10 Thomas Circle NW., Washington, DC 20005.
    (2) Attendance: Any person wishing to participate in the public 
hearing should notify Michelle Silva in FRA's Office of Chief Counsel 
by telephone or in writing, by mail or email, at least five business 
days before the date of the hearing. Ms. Silva's contact information is 
as follows: FRA, Office of Chief Counsel, Mail Stop 10, 1200 New Jersey 
Avenue SE., Washington, DC 20590; telephone: 202-493-6030; email: 
michelle.silva@dot.gov.
    For information on facilities or services for persons with 
disabilities or to request special assistance at the

[[Page 5162]]

meeting, please contact by telephone or email as soon as possible, 
Larry Woolverton at 202-493-6212 or larry.woolverton@dot.gov.

FOR FURTHER INFORMATION CONTACT: Ronald Ries, Staff Director, Grade 
Crossing Safety and Trespass Prevention, Office of Safety Analysis, 
FRA, 1200 New Jersey Avenue SE., Mail Stop 25, Washington, DC 20590 
(telephone: 202-493-6299), ronald.ries@dot.gov; or Kathryn Shelton, 
Office of Chief Counsel, FRA, 1200 New Jersey Avenue SE., Mail Stop 13, 
Washington, DC 20590 (telephone: 202-493-6063), 
kathryn.shelton@dot.gov.

SUPPLEMENTARY INFORMATION: FRA has received written comments from 
interested parties, including Applied Research Associates, Inc. and 
Orion's Angels, related to the use of information submitted by 
railroads to the Crossing Inventory about the highway-rail and pathway 
crossings over which they operate. While this issue is not specifically 
addressed in the NPRM, FRA will hold a public hearing to facilitate the 
exchange of information and concerns regarding FRA's proposed rule.
    The public hearing is meant to provide an opportunity for 
interested parties to articulate the issues and concerns they have with 
the NPRM and to respond to the specific comments requested therein 
related to the draft Inventory Form and draft Inventory Guide, so that 
these issues can be fully addressed in any final rule that is 
developed. Interested parties are invited to present oral statements 
and to proffer information and views related to FRA's proposal at the 
hearing. The hearing will be informal and will be conducted by a 
representative designated by FRA in accordance with 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 proffering evidence. An FRA representative 
will make an opening statement outlining the scope of the hearing. 
After all initial statements by those wishing to comment have been 
completed; those persons wishing to make a brief rebuttal will be 
afforded an opportunity to do so in the same order in which the initial 
statements were made. Additional procedures, as necessary for the 
conduct of the hearing, will be announced at the hearing. A transcript 
of the discussions will be made a part of the public docket in this 
proceeding.

Public Participation Procedures

    Any person wishing to participate in the public hearing should 
notify FRA by telephone or in writing, by mail or email, at the 
addresses provided in the Attendance section of this notice at least 
five business days prior to the date of the hearing. The notification 
should identify the party the person represents, and the particular 
subject(s) the person plans to address. The notification should also 
provide the participant's mailing address, email address (if 
applicable), and other contact information. FRA reserves the right to 
limit the duration of presentations, if necessary, to provide all 
participants the opportunity to speak.

Extension of Comment Period

    To accommodate the public hearing and to provide interested parties 
the opportunity to submit comments in response to views or information 
provided at the public hearing, FRA is extending the comment period in 
this proceeding to March 29, 2013.

Follow-Up to December 13, 2012 Technical Symposium

    In an effort to facilitate discussion on technical issues 
associated with the electronic submission of data to the Crossing 
Inventory, FRA hosted a technical symposium on December 13, 2012. See 
77 FR 68722 (Nov. 16, 2012). A transcript of the symposium is available 
in the public docket. As a result of discussions at that technical 
symposium, FRA intends to host a series of follow-up technical meetings 
to further discuss with all interested parties technical issues and 
concerns associated with electronic submission of data to the Crossing 
Inventory. The date, time, and location of these technical meetings 
will be announced in notices posted in the public docket of this 
rulemaking proceeding. FRA will also notify via email those individuals 
who participated in the December 13, 2012 technical symposium and 
provided their email addresses to FRA. Any person wishing to 
participate in these technical meetings, who has not already expressed 
an interest and provided an email address to FRA, should notify Ms. 
Michelle Silva of his or her interest by telephone or in writing (by 
email) at the address provided in the Attendance section of this 
notice. Note, however, that these technical meetings are intended to 
allow for the free flow of technical data and information between all 
interested parties. Any individual's or organization's involvement in 
any of these technical meetings will not be construed as official 
comments to the NPRM. Any person wishing to comment on the NPRM must 
present his or her comments at the February 19, 2013 public hearing or 
submit such comments in writing to the docket as instructed in this 
document. Although the proceedings of these additional technical 
meetings will not be transcribed, minutes of the meetings will be kept 
by FRA personnel and placed in the underlying rulemaking docket (docket 
no. FRA-2011-0007).

    Issued in Washington, DC, on January 17, 2013.
Jo Strang,
Associate Administrator for Railroad Safety/Chief Safety Officer.
[FR Doc. 2013-01397 Filed 1-23-13; 8:45 am]
BILLING CODE 4910-06-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.