
[Federal Register: July 22, 2009 (Volume 74, Number 139)]
[Proposed Rules]               
[Page 36152]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jy09-19]                         


[[Page 36152]]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Parts 229, 234, 235, and 236

[Docket No. FRA-2008-0132, Notice No. 2]
RIN 2130-AC03

 
Positive Train Control Systems

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

ACTION: Notice of public hearing.

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SUMMARY: By notice of proposed rulemaking (NPRM) published on July 21, 
2009 ([CITE]), FRA proposed regulations implementing a requirement of 
the Rail Safety Improvement Act of 2008 that certain passenger and 
freight railroads install positive train control systems. The proposal 
includes required functionalities of the technology and the means by 
which it would be certified. The proposal also describes the contents 
of the positive train control implementation plans required by the 
statute and contains the proposed process for submission of those plans 
for review and approval by FRA. These proposed regulations could also 
be voluntarily complied with by entities not mandated to install 
positive train control systems. This document announces a public 
hearing being conducted in connection with this proceeding.

DATES: A public hearing will be held on August 13, 2009, from 9 a.m. to 
6 p.m. at the location listed below to provide interested parties the 
opportunity to comment on the proposals contained in the NPRM.

ADDRESSES: (1) Public Hearing. A public hearing to provide interested 
parties the opportunity to comment on the proposals contained in the 
NPRM will be held at the Washington Plaza Hotel, 10 Thomas Circle, NW., 
Washington, DC 20005.
    (2) Docket Clerk. Written notification of a party's intent to 
provide oral testimony at the public hearing should identify the docket 
number and should be submitted to the FRA Docket Clerk, Office of Chief 
Counsel, Federal Railroad Administration, 1200 New Jersey Ave., SE., 
RCC-10, Stop 10, Washington, DC 20590 or fax to (202) 493-6068.

FOR FURTHER INFORMATION CONTACT: Thomas McFarlin, Office of Safety 
Assurance and Compliance, Staff Director, Signal & Train Control 
Division, Federal Railroad Administration, Mail Stop 25, West Building 
3rd Floor West, Room W35-332, 1200 New Jersey Avenue, SE., Washington, 
DC 20590 (telephone: 202-493-6203); or Jason Schlosberg, Trial 
Attorney, Office of Chief Counsel, RCC-10, Mail Stop 10, West Building 
3rd Floor, Room W31-217, 1200 New Jersey Avenue, SE., Washington, DC 
20590 (telephone: 202-493-6032).

SUPPLEMENTARY INFORMATION: Interested parties are invited to present 
oral statements and proffer information and views 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 non-adversarial proceedings; 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 have been completed, those persons wishing to make a brief 
rebuttal will be given the 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. The purpose of the hearing is to receive oral comments 
regarding the specific provisions contained in the proposed rule. A 
transcript of the discussions will be made part of the public docket in 
this proceeding.
    Public Participation Procedures. Any person wishing to participate 
in the public hearing should notify the Docket Clerk by mail or at the 
address or fax number provided in the ADDRESSES section at least five 
working days prior to the date of the hearing and submit three copies 
of the oral statement that he or she intends to make at the proceeding. 
The notification should identify the party the person represents, the 
particular subject(s) the person plans to address, and the time 
requested. The notification should also provide the Docket Clerk with 
the participant's mailing address and other contact information. FRA 
reserves the right to limit participation in the hearings of persons 
who fail to provide such notification. FRA reserves the right to limit 
the duration of presentations if necessary to afford all persons with 
the opportunity to speak.

    Issued in Washington, DC, on July 17, 2009.
Jo Strang,
Associate Administrator for Railroad Safety/Chief Safety Officer.
[FR Doc. E9-17391 Filed 7-21-09; 8:45 am]

BILLING CODE 4910-06-P
