36152 Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Proposed Rules 

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. 

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 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R2–ES–2009–0039; MO 

922105 0082–B2] 

Endangered and Threatened Wildlife 

and Plants; 90-Day Finding on a 

Petition To List the White-Sided 

Jackrabbit (Lepus callotis) as 

Threatened or Endangered 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of 90–day petition 

finding and initiation of status and 

critical habitat review. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce a 

90–day finding on a petition to list the 

white-sided jackrabbit (Lepus callotis) 

as an endangered species and designate 

critical habitat under the Endangered 

Species Act of 1973, as amended. 

Following a review of the petition, we 

find the petition provides substantial 

scientific or commercial information 

indicating that listing this species may 

be warranted. Therefore, with the 

publication of this notice, we are 

initiating a status review to determine if 

listing this species is warranted. To 

ensure that the status review is 

comprehensive, we are requesting the 

public to submit scientific and 

commercial data and other information 

regarding the white-sided jackrabbit. We 

will make a determination on critical 

habitat if and when we initiate a listing 

action for this species. 

DATES: We made the finding announced 

in this document on July 22, 2009. To 

allow us adequate time to conduct this 

review, we request that we receive 

information on or before September 21, 

2009. 

ADDRESSES: You may submit 

information by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Search for docket 

FWS-R2-ES-2009-0039 and then follow 

the instructions for submitting 

comments. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: FWS-R2- 

ES-2009-0039; Division of Policy and 

Directives Management; U.S. Fish and 

Wildlife Service; 4401 N. Fairfax Drive, 

Suite 222; Arlington, VA 22203. 

We will post all information we 

receive on http://www.regulations.gov. 

This generally means that we will post 

any personal information you provide 

us (see the Information Requested 

section below for more details). 


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