13978 Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Rules and Regulations 

comment and with any disk or CD–ROM 

you submit. If the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the EPA may not be able to consider 

your comment. Electronic files should 

avoid the use of special characters, any 

form of encryption, and be free of any 

defects or viruses. For additional 

instructions on submitting comments, 

go to the SUPPLEMENTARY INFORMATION

section of this document or visit the 

EPA Docket Center homepage at 

http://www.epa.gov/epahome/ 

dockets.htm. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Procedure 3—Quality Assurance 

Requirements for Continuous Opacity 

Monitoring Systems at Stationary 

Sources Docket, EPA/DC, EPA West, 

Room 3334, 1301 Constitution Ave. 

NW., Washington, DC. The Docket 

Facility and Public Reading Room are 

open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Air Docket is (202) 566–1742, and the 

telephone number for the Public 

Reading Room is (202) 566–1744. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lula H. Melton, U.S. EPA, Office of Air 

Quality Planning and Standards, Air 

Quality Assessment Division, 

Measurement Technology Group (Mail 

Code: E143–02), Research Triangle Park, 

NC 27711; telephone number: (919) 

541–2910; fax number: (919) 541–0516; 

email address: melton.lula@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to the EPA through http:// 

www.regulations.gov or email. Send or 

deliver information identified as CBI 

only to the following address: Roberto 

Morales, U.S. EPA, Office of Air Quality 

Planning and Standards, Mail Code 

C404–02, Research Triangle Park, NC 

27711, telephone: (919) 541–0880, 

email: morales.roberto@epa.gov, 

Attention Docket ID No. EPA–HQ– 

OAR–2010–0873. Clearly mark any of 

the information that you claim to be 

CBI. For CBI information in a disk or 

CD–ROM that you mail to the EPA, 

mark the outside of the disk or CD–ROM 

as CBI and then identify electronically 

within the disk or CD–ROM the specific 

information that is claimed as CBI. In 

addition to one complete version of the 

comment that includes information 

claimed as CBI, a copy of the comment 

that does not contain the information 

claimed as CBI must be submitted for 

inclusion in the public docket. 

Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

• Explain why you agree or disagree, 

suggest alternatives, and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

B. Where can I get a copy of this 

document? 

In addition to being available in the 

docket, an electronic copy of the direct 

final rule will also be available on the 

Worldwide Web (WWW) through the 

Technology Transfer Network (TTN). 

Following signature, a copy of the direct 

final rule will be posted on the TTN’s 

policy and guidance page for newly 

proposed or promulgated rules at the 

following address: http://www.epa.gov/ 

ttn/oarpg. The TTN provides 

information and technology exchange in 

various areas of air pollution control. 

Dated: March 1, 2012. 

Mary Eileen Henigin, 

Acting Director, Office of Air Quality Planning 

and Standards. 

[FR Doc. 2012–5433 Filed 3–7–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 214 

[Docket No. FRA–2008–0059, Notice No. 5] 

RIN 2130–AB96 

Railroad Workplace Safety; AdjacentTrack On-Track Safety for Roadway 

Workers 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Final rule; delay of effective 

date and request for comments. 

SUMMARY: This document delays the 

effective date of the final rule published 

November 30, 2011, and scheduled to 

take effect on May 1, 2012. The final 

rule mandates that roadway workers 

comply with specified on-track safety 

procedures that railroads must adopt to 

protect those workers from the 

movement of trains or other on-track 

equipment on ‘‘adjacent controlled 

track,’’ and requests comments on the 

petitions for reconsideration of the final 

rule that FRA has received. In response 

to the final rule, FRA received two 

petitions for reconsideration that raise a 

number of substantive issues requiring a 

detailed response. Accordingly, in order 

to respond fully to the petitions for 

reconsideration and for the reasons set 

forth below, this document delays the 

effective date of the final rule until July 

1, 2013. FRA is establishing a 60-day 

comment period in order to permit 

interested parties an opportunity to 

respond to the submitted petitions for 

reconsideration. 

DATES: The effective date for the final 

rule published November 30, 2011, at 76 

FR 74586, and originally effective on 

May 1, 2012, is delayed until July 1, 

2013. Comments in response to the 

petitions for reconsideration must be 

received on or before May 7, 2012. 

ADDRESSES: Comments on the Petitions 

for Reconsideration: Any comments on 

the petitions for reconsideration related 

to Docket No. FRA–2008–0059, Notice 

No. 4, may be submitted by any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 

West Building, Ground Floor, M–33, 

Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

• Hand Delivery or Courier: Docket 

Management Facility, U.S. Department 


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Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Rules and Regulations 13979 

of Transportation, West Building, 

Ground Floor, M–33, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. 

• Fax: 202–493–2251. 

Instructions: All submissions must 

include (1) the agency name and (2) 

either the docket number for this 

rulemaking (Docket No. FRA–2008– 

0059) or the current Regulatory 

Identification Number (RIN) for this 

rulemaking (RIN 2130–AB96). Note that 

all comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. Please 

see the ‘‘Privacy Act’’ heading under the 

SUPPLEMENTARY INFORMATION section of 

this preamble. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov anytime, or to the 

Docket Management Facility, U.S. 

Department of Transportation, 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. Follow the online 

instructions for accessing the docket. 

FOR FURTHER INFORMATION CONTACT: 

Kenneth Rusk, Staff Director, Track 

Division, Office of Safety Assurance and 

Compliance, FRA, 1200 New Jersey 

Avenue SE., RRS–15, Mail Stop 25, 

Washington, DC 20590 (telephone 202– 

493–6236); or Anna Winkle, Trial 

Attorney, Office of Chief Counsel, FRA, 

1200 New Jersey Avenue SE., RCC–12, 

Mail Stop 10, Washington, DC 20590 

(telephone 202–493–6166 or 202–493– 

6052). 

SUPPLEMENTARY INFORMATION: On 

November 30, 2011, FRA published a 

final rule amending its regulations on 

railroad workplace safety to further 

reduce the risk of serious injury or death 

to roadway workers performing work 

with potentially distracting equipment 

near certain adjacent tracks. See 76 FR 

74586. In particular, the rule requires 

that roadway workers comply with 

specified on-track safety procedures that 

railroads must adopt to protect those 

workers from the movement of trains or 

other on- track equipment on ‘‘adjacent 

controlled track.’’ The effective date of 

this final rule was to be May 1, 2012. In 

response to the final rule, FRA received 

two petitions for reconsideration that 

raise substantive issues, requiring a 

detailed response from FRA. One of the 

petitions requests a delay in the 

effective date of the final rule until July 

1, 2013, for reasons related to the 

railroads’ safety training schedules. In 

addition, since the publication of the 

final rule, it has come to FRA’s attention 

that, while the overwhelming majority 

of railroads complete their annual 

training of roadway workers by May 1st 

of each calendar year, there is at least 

one railroad that does not complete its 

training by that date but that would 

complete it by July 1st of the calendar 

year. Accordingly, in order to allow 

FRA appropriate time to consider and 

fully respond to the petitions for 

reconsideration and to accommodate all 

of the railroads’ normal training 

schedules, this document delays the 

effective date of the final rule until July 

1, 2013. Therefore, any requirements 

imposed by the final rule need not be 

complied with until July 1, 2013. 

Additionally, FRA is establishing a 

60-day comment period in order to 

permit interested parties an opportunity 

to respond to the petitions for 

reconsideration related to Docket No. 

FRA–2008–0059, Notice No. 4. The 

petitions for reconsideration are 

available for review in the docket for 

this rulemaking, and have been assigned 

identification numbers of FRA–2008– 

0059–0031 and FRA–2008–0059–0032. 

FRA’s response to the petitions for 

reconsideration and any comments 

received on these petitions will be 

published under a new RIN number 

(2130–AC37), but will be filed in the 

same docket. 

Privacy Act 

Anyone is able to search the 

electronic form of all comments 

received into any of FRA’s dockets 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 Federal Register 

published on April 11, 2000 (65 FR 

19477–78), or you may visit http:// 

DocketsInfo.dot.gov. 

List of Subjects in 49 CFR Part 214 

Occupational safety and health, 

Penalties, Railroad safety. 

The Final Rule 

In consideration of the foregoing, FRA 

delays the effective date of the final rule 

until July 1, 2013. 

Issued in Washington, DC, on March 2, 

2012. 

Karen J. Hedlund, 

Deputy Administrator. 

[FR Doc. 2012–5667 Filed 3–7–12; 8:45 am] 

BILLING CODE 4910–06–P 


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