Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Proposed Rules 12105 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 240 

[Docket No. FRA–2008–0091, Notice No. 2] 

RIN 2130–AB95 

Qualification and Certification of 

Locomotive Engineers; Miscellaneous 

Revisions 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Proposed rule; notice of public 

hearing and reopening of comment 

period. 

SUMMARY: By notice of proposed 

rulemaking (NPRM) published on 

December 31, 2008 (73 FR 80349), FRA 

proposed revisions to its regulations 

governing the qualification and 

certification of locomotive engineers. 

This document announces a public 

hearing to provide interested parties the 

opportunity to comment on the NPRM 

and announces a thirty (30) day 

reopening of the comment period, 

which closed March 2, 2009, to 

commence on the date of the public 

hearing. The extension provides 

interested parties the opportunity to 

comment on NPRM and to respond to 

matters that arise at the public hearing 

related to the NPRM. 

DATES: Public Hearing: A public hearing 

will be held on the date and at the 

location listed below to provide 

interested parties the opportunity to 

comment on the proposed revisions 

contained in the NPRM. A thirty (30) 

day extension of the comment period 

will commence on the date of the 

hearing. The date of the public hearing 

is as follows: Tuesday, April 14, 2009, 

at 9:30 a.m. in Washington, DC. 

Reopening of Comment Period: The 

comment period will reopen Tuesday, 

April 14, 2009 and written comments 

must be received by Thursday, May 14, 

2009. Comments received after that date 

will be considered to the extent possible 

without incurring additional expenses 

or delays. 

ADDRESSES: Public Hearing: The public 

hearing will be held at the following 

location: 

Washington, DC: U.S. Department of 

Transportation, West Building Ground 

Floor, Media Center—Room W11–130, 

1200 New Jersey Avenue, SE., 

Washington, DC 20905. 

Reopening of Comment Period: 

Comments related to Docket No. FRA– 

2008–0091, may be submitted by any of 

the following methods: 

• Fax: 1–202–493–2251; 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590; 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays; or 

• Electronically through the Federal 

eRulemaking Portal, http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Instructions: All submissions must 

include the agency name, docket name 

and docket number or Regulatory 

Identification Number (RIN) for this 

rulemaking. 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 section of this 

document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov at any time or to 

U.S. Department of Transportation, 

Docket Operations, M–30, 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. 

FOR FURTHER INFORMATION CONTACT: John 

L. Conklin, Program Manager, 

Locomotive Engineer Certification, U.S. 

Department of Transportation, Federal 

Railroad Administration, Mail Stop 25, 

West Building 3rd Floor West, Room 

W38–208, 1200 New Jersey Avenue, SE., 

Washington, DC 20590 (telephone: 202– 

493–6318); or John Seguin, Trial 

Attorney, U.S. Department of 

Transportation, Federal Railroad 

Administration, 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: 202–493–6045). 

SUPPLEMENTARY INFORMATION: FRA has 

received written comments submitted 

by interested parties related to various 

parts of the NPRM and a written request 

for a hearing on the NPRM. Although 

FRA believes that the topics addressed 

in the written comments containing the 

request for a hearing are outside of the 

scope of the NPRM, FRA is holding a 

public hearing to permit the exchange of 

information and concerns regarding 

FRA’s purposed amendments. The 

public hearing is meant to allow 

interested parties to fully develop and 

articulate the issues and concerns they 

have with the NPRM so that these 

concerns can be fully addressed in any 

final rule that is developed. Interested 

parties are invited to present oral 

statements and proffer evidence 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 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. 

On April 14, 2009, the comment 

period for the NPRM will reopen for 

thirty (30) days so that the FRA can 

make the public hearing transcript 

available for review and comment by 

the general public, interested parties can 

provide additional comments and 

documents related to the NPRM, and 

interested parties can provide responses 

to matters that arise at the public 

hearing. 

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 (5) 

working 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 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. 

Privacy Act 

FRA wishes to inform all potential 

commenters that anyone is able to 

search the electronic form of all 

comments received into any agency 

docket 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 


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12106 Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Proposed Rules 

http://www.regulations.gov/search/ 

footer/privacyanduse.jsp. 

Issued in Washington, DC, on March 16, 

2009. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. E9–6114 Filed 3–20–09; 8:45 am] 

BILLING CODE 4910–06–P 


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