Railroad safety: Florida Overland eXpress high speed rail system; safety standards; public regulatory conference,

[Federal Register: November 6, 1998 (Volume 63, Number 215)]

[Proposed Rules]

[Page 59928-59929]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr06no98-24]

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 243

[FRA Docket No. HST-1; Notice No. 2]

RIN 2130-AB14

FOX High Speed Rail Safety Standards

AGENCY: Federal Railroad Administration (FRA), DOT.

ACTION: Notice of Public Regulatory Conference.

[[Page 59929]]

SUMMARY: By notice of proposed rulemaking (NPRM) published on December 12, 1997 (62 FR 65478), FRA proposed safety standards for the Florida Overland eXpress (FOX), a high speed rail system planned for development in Florida. This document announces a public regulatory conference to address specific issues, set forth below, that are related the NPRM and comments FRA has received in response to the NPRM.

DATES: FRA will host a public regulatory conference on November 23, 1998 at 10:00 a.m. Any interested party who desires to attend or participate in the conference must notify FRA's Docket Clerk in writing on or before November 17, 1998.

ADDRESSES: Regulatory Conference: The regulatory conference will take place in Conference Area 1, Seventh Floor, 1120 Vermont Avenue, NW, Washington, D.C.

Docket Clerk: Written notification to FRA's Docket Clerk must identify the docket number, the participant's or attendee's name, address, and phone number. Each notification must be submitted in triplicate to the Docket Clerk, Office of Chief Counsel, Federal Railroad Administration, RCC-10, 400 Seventh Street, S.W., Stop 10, Washington, D.C. 20590.

FOR FURTHER INFORMATION CONTACT: Christine Beyer, Trial Attorney, Office of the Chief Counsel, RCC-11, 400 Seventh Street, S.W., Stop 10, Washington, D.C. 20950 (telephone 202-493-6027).

SUPPLEMENTARY INFORMATION: FRA published its NPRM for the proposed FOX high speed rail system on December 12, 1997. At that time, FRA provided all interested parties the opportunity to request a public hearing to discuss the NPRM. However, FRA did not receive any requests for a public hearing, and so none was held. FRA received written comments from the Florida Department of Transportation (FDOT) and FOX (filed jointly and referred to hereafter FDOT/FOX), the Brotherhood of Maintenance of Way Employes, Simula Technologies, Inc., the Association of American Railroads, GE Plastics, Atohaas Americas, Inc., and the American Public Transit Association.

FRA is in the process of analyzing all comments received to determine how the agency should proceed with final standards in this matter. As part of that analysis, FRA has determined that additional information is necessary in order for the agency to respond fully and accurately to all commenters. In particular, FRA believes it is necessary to explore the basis on which FDOT/FOX claim that the standards proposed in the NPRM are unduly costly. FRA's mission is to provide a very high level of safety without imposing needless financial burden, and so this claim is one the agency intends to investigate thoroughly. FRA requested detailed information from FOX in this regard, by letter dated October 23, 1998, and FOX responded to the requests in two letters, dated November 2 and 3, 1998. (Copies of these letters are in the docket of this matter.) FRA plans to discuss these areas further at the regulatory conference.

The conference will be conducted on the record, with a stenographer present, in question and answer format. While the format will be conversational to some degree, it is important to note that the conference will not be an opportunity for participants to question FRA staff on the reasoning behind all standards proposed in the NPRM, or to issue broad opinions about the NPRM. FRA provided rationale for the proposed standards in the preamble and section-by-section analysis of the NPRM, and that document speaks for itself. In addition, a public hearing is the appropriate forum for presenting broad opinions about the proposed rule, and interested parties chose not to avail themselves of the opportunity for a public hearing. It is also important to note that FRA has reviewed all comments received, and so there is no need for participants to restate what they have already submitted in written comments. FRA is hosting the regulatory conference in order to focus narrowly on particular aspects of the NPRM and comments received. The FOX representatives should be prepared to discuss the following topics:

‹bullet› All assumptions made in the calculation of each cost estimate listed in the chart on page 9 of Section 3.0 of the FDOT/FOX comments, and the error factor built into these assumptions and costs; and

‹bullet› All assumptions made in the project revenue model and the error factor incorporated in the model.

In addition, FRA may have additional questions about specific aspects of the FDOT/FOX comments.

Public Participation Procedures

Any person wishing to participate or attend the public regulatory conference should notify the Docket Clerk by mail at the address provided in the ADDRESSES section on or before November 17, 1998. The notification should identify the participant's and attendee's name, and the party the participant represents (if any). The notification must provide the Docket Clerk with the participant's and attendee's mailing address and phone number. FRA reserves the right to limit the participation of individuals who fail to provide such notification.

Issued in Washington, D.C., on November 3, 1998. S. Mark Lindsey, Chief Counsel.

[FR Doc. 98-29897Filed11-4-98; 10:35 am]

BILLING CODE 4910-06-P