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49728 Federal Register / Vol 49728 Federal Register / Vol. 62, No. 184 / Tuesday, September 23, 1997 / Proposed Rules DEPARTMENT OF TRANSPORTATION The date and location of the hearing adopted the Secretary's schedule for will be set forth in a forthcoming notice implementing rail passenger equipment Federal Railroad Administration that will be published in the Federal regulations and included it in the Register. Anyone who desires to make Federal Railroad Safety Authorization 49 CFR Parts 216, 223, 229, 231, 232, an oral statement at the hearing must Act of 1994 (the Act), Pub. L. No. 103± and 238 notify the Docket Clerk by telephone 440, 108 Stat. 4619, 4623±4624 [FRA Docket No. PCSS±1, Notice No. 2] (202±632±3198), and must submit three (November 2, 1994). Section 215 of the copies of the oral statement that he or Act, as now codified at 49 U.S.C. 20133, RIN 2130±AA95 she intends to make at the hearing. The requires: notification should also provide the Passenger Equipment Safety (a) MINIMUM STANDARDS.ÐThe Docket Clerk with the participant's Standards Secretary of Transportation shall prescribe mailing address. FRA reserves the right regulations establishing minimum standards AGENCY: Federal Railroad to limit participation in the hearings of for the safety of cars used by railroad carriers Administration (FRA), Department of persons who fail to provide such to transport passengers. Before prescribing Transportation (DOT). notification. The date by which the such regulations, the Secretary shall Docket Clerk must be notified about the considerÐ ACTION: Notice of proposed rulemaking (1) The crashworthiness of the cars; (NPRM). oral statement and receive copies of it will be set forth in the notice (2) Interior features (including luggage restraints, seat belts, and exposed surfaces) SUMMARY: FRA is proposing a rule announcing the hearing. that may affect passenger safety; establishing comprehensive Federal ADDRESSES: Written comments should (3) Maintenance and inspection of the cars; safety standards for railroad passenger identify the docket number and must be (4) Emergency response procedures and equipment. The proposed rule contains submitted in triplicate to the Docket equipment; and requirements concerning equipment Clerk, Office of Chief Counsel, Federal (5) Any operating rules and conditions that design and performance criteria related Railroad Administration, 400 Seventh directly affect safety not otherwise governed to passenger and crew survivability in Street, S.W., Mail Stop 10, Washington, by regulations. the event of a passenger train accident; D.C. 20590. Persons desiring to be The Secretary may make applicable some or the inspection, testing, and maintenance notified that their comments have been all of the standards established under this received by FRA should submit a subsection to cars existing at the time the of passenger equipment; and the safe regulations are prescribed, as well as to new operation of passenger train service. The stamped, self-addressed postcard with cars, and the Secretary shall explain in the proposed rule is designed to address the their comments. The Docket Clerk will rulemaking document the basis for making safety of passenger train service in an indicate on the postcard the date on such standards applicable to existing cars. environment where technology is which the comments were received and (b) INITIAL AND FINAL advancing, and equipment is being will return the card to the addressee. REGULATIONS.Ð(1) The Secretary shall designed for operation at higher speeds. Written comments will be available for prescribe initial regulations under subsection The rule would amend existing examination, both before and after the (a) within 3 years after the date of enactment regulations concerning special notice for closing date for written comments, of the Federal Railroad Safety Authorization during regular business hours in Room Act of 1994. The initial regulations may repairs, safety glazing, locomotive exempt equipment used by tourist, historic, safety, safety appliances, and railroad 7051 of FRA headquarters at 1120 scenic, and excursion railroad carriers to power brakes as applied to passenger Vermont Avenue, N.W., in Washington, transport passengers. equipment. D.C. (2) The Secretary shall prescribe final The proposed rule does not apply to FOR FURTHER INFORMATION CONTACT: regulations under subsection (a) within 5 tourist and historic railroad operations. Edward Pritchard, Acting Staff Director, years after such date of enactment. However, after consulting with the Motive Power and Equipment Division, (c) PERSONNEL.ÐThe Secretary may excursion railroad associations to Office of Safety Assurance and establish within the Department of determine appropriate applicability in Compliance, FRA, 400 Seventh Street, Transportation 2 additional full-time equivalent positions beyond the number light of financial, operational, or other S.W., Mail Stop 25, Washington, D.C. permitted under existing law to assist with factors unique to such operations, FRA 20590 (telephone: 202±632±3362); the drafting, prescribing, and implementation may prescribe requirements for these Daniel Alpert, Trial Attorney, Office of of regulations under this section. operations that are different from those Chief Counsel, FRA, 400 Seventh Street, (d) CONSULTATION.ÐIn prescribing affecting other types of passenger S.W., Mail Stop 10, Washington, D.C. regulations, issuing orders, and making operations. (telephone: 202±632±3186); or Thomas amendments under this section, the Secretary may consult with Amtrak, public authorities DATES: (1) Written comments: Written Herrmann, Trial Attorney, Office of operating railroad passenger service, other comments must be received on or before Chief Counsel, FRA, 400 Seventh Street, S.W., Mail Stop 10, Washington, D.C. railroad carriers transporting passengers, November 24, 1997. Comments received organizations of passengers, and after that date will be considered by 20590 (telephone: 202±632±3167). organizations of employees. A consultation is FRA and the Passenger Equipment SUPPLEMENTARY INFORMATION: not subject to the Federal Advisory Safety Standards Working Group to the Committee Act (5 U.S.C. App.), but minutes extent possible without incurring Background of the consultation shall be placed in the substantial additional expense or delay. To enhance rail safety, the Secretary public docket of the regulatory proceeding. The docket will remain open until the of Transportation convened a meeting of The Secretary of Transportation has Working Group proceedings are representatives from all sectors of the delegated these rulemaking concluded. Requests for formal rail industry in September, 1994. As one responsibilities to the Federal Railroad extension of the comment period must of the initiatives arising from this Rail Administrator. 49 CFR 1.49(m). be made by November 7, 1997. Safety Summit, the Secretary Consistent with the intent of Congress (2) Public hearing: FRA intends to announced that DOT would begin that FRA consult with the railroad hold a public hearing to allow interested developing safety standards for rail industry in prescribing these parties the opportunity to comment on passenger equipment over a five-year regulations, FRA invited various specific issues addressed in the NPRM. period. In November, 1994, Congress organizations to participate in a working Federal Register / Vol. 62, No. 184 / Tuesday, September 23, 1997 / Proposed Rules 49729 group to focus on the issues related to BLE, BRC, RPI, and UTU to participate meetings. Such comments have been railroad passenger equipment safety and in this effort. considered (and identified in this assist FRA in developing Federal safety In accordance with 49 U.S.C. Notice) to the extent possible without standards. The Passenger Equipment 20133(d), the evolving positions of the incurring additional delay in preparing Safety Standards Working Group (or the Working Group membersÐas reflected this Notice. Moreover, the Working ``Working Group'') first met on June 7, in the minutes of the group's meetings Group is broadly representative of 1995, 1 and continues to meet in support and associated documentation, together interests involved in the provision of of this rulemaking. This proposed rule with data provided by the members intercity and commuter rail service was developed by FRA in consultation during their deliberationsÐ have been nationwide, and its members had the with the Working Group, and FRA will placed in the public docket of this opportunity to comment on the issues again convene the Working Group to rulemaking. raised in the ANPRM before the consider comments received in response On June 17, 1996, FRA published an document's publication, as noted above. Advance Notice of Proposed to this Notice and develop the final rule. Need for Safety Standards Notice of any Working Group meetings Rulemaking (ANPRM) concerning the will be available through the FRA establishment of comprehensive safety Effective Federal safety standards for Docket Clerk. standards for railroad passenger freight equipment have long been in The Working Group has evolved since equipment (61 FR 30672). The ANPRM place, but equivalent Federal standards its initial meeting, and its membership provided background information on for passenger equipment do not currently includes representatives from the need for such standards, offered currently exist. The AAR sets industry the following organizations: preliminary ideas on approaching standards for the design and passenger safety issues,
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