81_FR_1292 81 FR 1286 - Establishment of an Emergency Relief Docket for Calendar Year 2016

81 FR 1286 - Establishment of an Emergency Relief Docket for Calendar Year 2016

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 81, Issue 6 (January 11, 2016)

Page Range1286-1287
FR Document2016-00262

This Notice announces the establishment of FRA's emergency relief docket (ERD) for calendar year 2016. The designated ERD for calendar year 2016 is Docket Number FRA-2016-0001.

Federal Register, Volume 81 Issue 6 (Monday, January 11, 2016)
[Federal Register Volume 81, Number 6 (Monday, January 11, 2016)]
[Notices]
[Pages 1286-1287]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00262]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2016-0001]


Establishment of an Emergency Relief Docket for Calendar Year 
2016

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

ACTION: Notice of establishment of public docket (Notice).

-----------------------------------------------------------------------

SUMMARY: This Notice announces the establishment of FRA's emergency 
relief docket (ERD) for calendar year 2016. The designated ERD for 
calendar year 2016 is Docket Number FRA-2016-0001.

ADDRESSES: See Supplementary Information section for further 
information regarding submitting petitions and/or comments to Docket 
No. FRA-2016-0001.

SUPPLEMENTARY INFORMATION: On May 19, 2009, FRA published a direct 
final rule addressing the establishment of ERDs and the procedures for 
handling

[[Page 1287]]

petitions for emergency waivers of safety rules, regulations, or 
standards during an emergency situation or event. 74 FR 23329. That 
direct final rule became effective on July 20, 2009, and made minor 
modifications to Title 49 Code of Federal Regulations (CFR) 211.45, 
Petitions for emergency waiver of safety rules, in FRA's Rules of 
Practice, published at 49 CFR part 211, Rules of Practice. Title 49 CFR 
211.45, Paragraph (b) provides that each calendar year, FRA will 
establish an ERD in the publicly accessible DOT docket system 
(available at http://www.regulations.gov). Title 49 CFR 211.45, 
Paragraph (b) further provides that FRA will publish a notice in the 
Federal Register identifying, by docket number, the ERD for that year. 
As noted in the rule, FRA's purpose for establishing the ERD and 
emergency waiver procedures is to provide an expedited process for FRA 
to address the needs of the public and the railroad industry during 
emergency situations or events. This Notice announces that the 
designated ERD for calendar year 2016 is Docket Number FRA-2016-0001.
    As detailed in 49 CFR 211.45, if the FRA Administrator determines 
that an emergency event as defined in 49 CFR 211.45(a) has occurred, or 
that an imminent threat of such an emergency occurring exists, and 
public safety would benefit from providing the railroad industry with 
operational relief, the emergency waiver procedures of 49 CFR 211.45 
will go into effect. In such an event, the FRA Administrator will issue 
a statement in the ERD indicating that the emergency waiver procedures 
are in effect and FRA will make every effort to post the statement on 
its Web site at http://www.fra.dot.gov/. Any party desiring relief from 
FRA regulatory requirements as a result of the emergency situation 
should submit a petition for emergency waiver in accordance with 49 CFR 
211.45(e) and (f). Specific instructions for filing petitions for 
emergency waivers in accordance with 49 CFR 211.45 are found at 49 CFR 
211.45(f). Specific instructions for filing comments in response to 
petitions for emergency waivers are found at 49 CFR 211.45(h).
    Anyone is able to search the electronic form of any written 
communications and comments received into any of our dockets by the 
name of the individual submitting the comment (or signing the document, 
if submitted on behalf of an association, business, labor union, etc.). 
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its processes. DOT posts these comments, 
without edit, including any personal information the commenter 
provides, to www.regulations.gov, as described in the system of records 
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. 
See also http://www.regulations.gov/#!privacyNotice for the privacy 
notice of regulations.gov.

    Issued in Washington, DC.
Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2016-00262 Filed 1-8-16; 8:45 am]
BILLING CODE 4910-06-P



                                                1286                           Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Notices

                                                (MN), Glenn F. Gorsuch (OH), Keith N.                   Standards. FRA assigned the petition                   New Jersey Avenue SE., W12–140,
                                                Hall (UT), Steven E. Hayes (IN),                        Docket Number FRA–2015–0139.                           Washington, DC 20590.
                                                Francisco Hernandez, Jr. (NM), Mervin                      Amtrak seeks a temporary waiver of                    • Hand Delivery: 1200 New Jersey
                                                M. Hershberger (WI), Dean M. Hobson                     compliance from the requirements of 49                 Avenue SE., Room W12–140,
                                                (IL), Timmy R. Holley (PA), David E.                    CFR 238.115(b)(1)(2), which covers                     Washington, DC 20590, between 9 a.m.
                                                Hopson (TX), Amos S. Hostetter, Jr.                     ‘‘marking and instructions for                         and 5 p.m., Monday through Friday,
                                                (OH), Isadore Johnson, Jr. (NY), William                emergency egress and rescue access,’’                  except Federal Holidays.
                                                J. Kelly (CT), Stephen C. Linardos (FL),                and references APTA PR–E–S_013–99,                       Communications received by
                                                Daniel C. Linares (CA), Ray J. Liner                    Rev. 1, ‘‘Standard for Emergency                       February 25, 2016 will be considered by
                                                (LA), Robert E. Mayers (MN), Kraig P.                   Lighting System Design for Passenger                   FRA before final action is taken.
                                                Middleton (MI), James G. Miles (TN),                    Cars,’’ for a period of 12 months until                Comments received after that date will
                                                Rogelio Rocha Monjaraz (MD), Pablo R.                   December 31, 2016. Amtrak is seeking                   be considered as far as practicable.
                                                Murillo (TX), Wayne Nicolaisen (PA),                    this temporary relief as it works to bring               Anyone is able to search the
                                                John R. Ogno (NJ), Richard A. Parker II                 70 percent of its passenger rolling stock              electronic form of any written
                                                (KS), Vincent E. Perkins (MA), John R.                  fleet that was ordered prior to                        communications and comments
                                                Price (AR), Francis D. Reginald, Jr. (NJ),              September 8, 2000, and placed in                       received into any of our dockets by the
                                                Juan A. Rodriguez (CT), Roger D. Rogers                 service prior to September 9, 2002, into               name of the individual submitting the
                                                (PA), Robert E. Rohrer (PA), David L.                   compliance with the emergency lighting                 comment (or signing the document, if
                                                Roth (SD), James O. Russell, Jr. (OH),                  requirements. Amtrak justifies the need                submitted on behalf of an association,
                                                Ronald B. Salter (MS), Michael J.                       for this deadline extension because it                 business, labor union, etc.). In
                                                Schmelzle (KS), Ralph J. Schmitt (CO),                  will need to test between 201 and 408                  accordance with 5 U.S.C. 553(c), DOT
                                                Charles D. Theademan (WA), Dwight                       cars across its fleets located at multiple             solicits comments from the public to
                                                Tullis (IL), Arnulfo J. Valenzuela (TX),                locations spanning geographic areas                    better inform its processes. DOT posts
                                                Danny L. Watson (TN), Lorenzo A.                        from the East Coast to the West Coast as               these comments, without edit, including
                                                Williams (DE), William E. Zezulka                       outlined in its petition. Amtrak                       any personal information the
                                                (MN).                                                   indicates that this 70-percent                         commenter provides, to
                                                   In accordance with 49 U.S.C. 31136(e)                modification goal may require                          www.regulations.gov, as described in
                                                and 31315, each exemption will be valid                 modification to as many as 1,200 of the                the system of records notice (DOT/ALL–
                                                for 2 years unless revoked earlier by                   passenger cars listed in its petition (the             14 FDMS), which can be reviewed at
                                                FMCSA. The exemption will be revoked                    comprehensive listing of equipment                     www.dot.gov/privacy. See also http://
                                                if: (1) The person fails to comply with                 includes Acela, TALGO, Surfliners,                     www.regulations.gov/#!privacyNotice
                                                the terms and conditions of the                         Comets, Heritage, Superliner 1,                        for the privacy notice of regulations.gov.
                                                exemption; (2) the exemption has                        Superliner 2, Amfleet 1, Amfleet 2,
                                                                                                        Viewliner, Horizon, Metroliner, LDSL,                  Robert C. Lauby,
                                                resulted in a lower level of safety than                                                                       Associate Administrator for Railroad Safety,
                                                was maintained before it was granted; or                and various inspection cars).
                                                                                                           A copy of the petition, as well as any              Chief Safety Officer.
                                                (3) continuation of the exemption would                                                                        [FR Doc. 2016–00202 Filed 1–8–16; 8:45 am]
                                                not be consistent with the goals and                    written communications concerning the
                                                objectives of 49 U.S.C. 31136 and 31315.                petition, is available for review online at            BILLING CODE 4910–06–P

                                                   If the exemption is still effective at the           www.regulations.gov and in person at
                                                end of the 2-year period, the person may                the U.S. Department of Transportation’s
                                                                                                        (DOT) Docket Operations Facility, 1200                 DEPARTMENT OF TRANSPORTATION
                                                apply to FMCSA for a renewal under
                                                procedures in effect at that time.                      New Jersey Avenue SE., W12–140,
                                                                                                                                                               Federal Railroad Administration
                                                                                                        Washington, DC 20590. The Docket
                                                  Issued on: December 30, 2015.                         Operations Facility is open from 9 a.m.                [Docket No. FRA–2016–0001]
                                                Larry W. Minor,                                         to 5 p.m., Monday through Friday,
                                                Associate Administrator for Policy.                     except Federal Holidays.                               Establishment of an Emergency Relief
                                                [FR Doc. 2016–00294 Filed 1–8–16; 8:45 am]                 Interested parties are invited to                   Docket for Calendar Year 2016
                                                BILLING CODE 4910–EX–P                                  participate in these proceedings by                    AGENCY: Federal Railroad
                                                                                                        submitting written views, data, or                     Administration (FRA), Department of
                                                                                                        comments. FRA does not anticipate                      Transportation (DOT).
                                                DEPARTMENT OF TRANSPORTATION                            scheduling a public hearing in
                                                                                                                                                               ACTION: Notice of establishment of
                                                                                                        connection with these proceedings since
                                                Federal Railroad Administration                                                                                public docket (Notice).
                                                                                                        the facts do not appear to warrant a
                                                [Docket Number FRA–2015–0139]                           hearing. If any interested party desires               SUMMARY:   This Notice announces the
                                                                                                        an opportunity for oral comment, they                  establishment of FRA’s emergency relief
                                                Petition for Waiver of Compliance                       should notify FRA, in writing, before                  docket (ERD) for calendar year 2016.
                                                                                                        the end of the comment period and                      The designated ERD for calendar year
                                                  In accordance with part 211 of Title                  specify the basis for their request.                   2016 is Docket Number FRA–2016–
                                                49 Code of Federal Regulations (CFR),                      All communications concerning these                 0001.
                                                this document provides the public                       proceedings should identify the
                                                notice that by a document dated                                                                                ADDRESSES: See Supplementary
                                                                                                        appropriate docket number FRA–2015–
                                                September 22, 2015, the National                                                                               Information section for further
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                                                                                                        0139 and may be submitted by any of
                                                Railroad Passenger Corporation                          the following methods:                                 information regarding submitting
                                                (Amtrak) has petitioned the Federal                        • Web site: http://                                 petitions and/or comments to Docket
                                                Railroad Administration (FRA) for a                     www.regulations.gov. Follow the online                 No. FRA–2016–0001.
                                                waiver of compliance from certain                       instructions for submitting comments.                  SUPPLEMENTARY INFORMATION: On May
                                                provisions of the Federal railroad safety                  • Fax: 202–493–2251.                                19, 2009, FRA published a direct final
                                                regulations contained at 49 CFR part                       • Mail: Docket Operations Facility,                 rule addressing the establishment of
                                                238, Passenger Equipment Safety                         U.S. Department of Transportation, 1200                ERDs and the procedures for handling


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                                                                               Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Notices                                                   1287

                                                petitions for emergency waivers of                      any personal information the                           Washington, DC 20590. The Docket
                                                safety rules, regulations, or standards                 commenter provides, to                                 Operations Facility is open from 9 a.m.
                                                during an emergency situation or event.                 www.regulations.gov, as described in                   to 5 p.m., Monday through Friday,
                                                74 FR 23329. That direct final rule                     the system of records notice (DOT/ALL–                 except Federal Holidays.
                                                became effective on July 20, 2009, and                  14 FDMS), which can be reviewed at                       Interested parties are invited to
                                                made minor modifications to Title 49                    www.dot.gov/privacy. See also http://                  participate in these proceedings by
                                                Code of Federal Regulations (CFR)                       www.regulations.gov/#!privacyNotice                    submitting written views, data, or
                                                211.45, Petitions for emergency waiver                  for the privacy notice of regulations.gov.             comments. FRA does not anticipate
                                                of safety rules, in FRA’s Rules of                        Issued in Washington, DC.                            scheduling a public hearing in
                                                Practice, published at 49 CFR part 211,
                                                Rules of Practice. Title 49 CFR 211.45,
                                                                                                        Robert C. Lauby,                                       connection with these proceedings since
                                                Paragraph (b) provides that each                        Associate Administrator for Railroad Safety,           the facts do not appear to warrant a
                                                                                                        Chief Safety Officer.                                  hearing. If any interested party desires
                                                calendar year, FRA will establish an
                                                ERD in the publicly accessible DOT                      [FR Doc. 2016–00262 Filed 1–8–16; 8:45 am]             an opportunity for oral comment, they
                                                docket system (available at http://                     BILLING CODE 4910–06–P                                 should notify FRA, in writing, before
                                                www.regulations.gov). Title 49 CFR                                                                             the end of the comment period and
                                                211.45, Paragraph (b) further provides                                                                         specify the basis for their request.
                                                that FRA will publish a notice in the                   DEPARTMENT OF TRANSPORTATION
                                                                                                                                                                 All communications concerning these
                                                Federal Register identifying, by docket                 Federal Railroad Administration                        proceedings should identify the
                                                number, the ERD for that year. As noted                                                                        appropriate docket number and may be
                                                in the rule, FRA’s purpose for                          [Docket Number FRA–2009–0078]                          submitted by any of the following
                                                establishing the ERD and emergency                                                                             methods:
                                                waiver procedures is to provide an                      Petition for Waiver of Compliance
                                                                                                                                                                 • Web site: http://
                                                expedited process for FRA to address                       In accordance with part 211 of Title
                                                the needs of the public and the railroad                                                                       www.regulations.gov. Follow the online
                                                                                                        49 Code of Federal Regulations (CFR),                  instructions for submitting comments.
                                                industry during emergency situations or                 this document provides the public
                                                events. This Notice announces that the                                                                           • Fax: 202–493–2251.
                                                                                                        notice that by a document dated
                                                designated ERD for calendar year 2016                                                                            • Mail: Docket Operations Facility,
                                                                                                        December 21, 2015, the American Short
                                                is Docket Number FRA–2016–0001.                                                                                U.S. Department of Transportation, 1200
                                                   As detailed in 49 CFR 211.45, if the                 Line and Regional Railroad Association
                                                                                                        (ASLRRA) petitioned the Federal                        New Jersey Avenue SE., W12–140,
                                                FRA Administrator determines that an                                                                           Washington, DC 20590.
                                                emergency event as defined in 49 CFR                    Railroad Administration (FRA) for an
                                                211.45(a) has occurred, or that an                      amended waiver of compliance from                        • Hand Delivery: 1200 New Jersey
                                                imminent threat of such an emergency                    certain provisions of the Federal hours                Avenue SE., Room W12–140,
                                                occurring exists, and public safety                     of service (HOS) laws contained at 49                  Washington, DC 20590, between 9 a.m.
                                                would benefit from providing the                        U.S.C. 21103(a)(4), which, in part,                    and 5 p.m., Monday through Friday,
                                                railroad industry with operational relief,              require a train employee to receive 48                 except Federal Holidays.
                                                the emergency waiver procedures of 49                   hours off duty after initiating an on-duty
                                                                                                                                                                 Communications received by
                                                CFR 211.45 will go into effect. In such                 period for 6 consecutive days. FRA
                                                                                                                                                               February 25, 2016 will be considered by
                                                an event, the FRA Administrator will                    assigned the petition Docket Number
                                                                                                                                                               FRA before final action is taken.
                                                issue a statement in the ERD indicating                 FRA–2009–0078.
                                                                                                                                                               Comments received after that date will
                                                that the emergency waiver procedures                       In its petition, ASLRRA seeks to
                                                                                                                                                               be considered as far as practicable.
                                                are in effect and FRA will make every                   amend its existing waiver to add two
                                                                                                        member railroads, the Plainsman                          Anyone is able to search the
                                                effort to post the statement on its Web
                                                site at http://www.fra.dot.gov/. Any                    Switching Company and the South                        electronic form of any written
                                                party desiring relief from FRA                          Kansas & Oklahoma Railroad Company.                    communications and comments
                                                regulatory requirements as a result of                  The existing HOS waiver was granted in                 received into any of our dockets by the
                                                the emergency situation should submit                   a February 27, 2012, letter from FRA.                  name of the individual submitting the
                                                a petition for emergency waiver in                      The waiver allows a train employee to                  comment (or signing the document, if
                                                accordance with 49 CFR 211.45(e) and                    initiate an on-duty period each day for                submitted on behalf of an association,
                                                (f). Specific instructions for filing                   6 consecutive days followed by 24                      business, labor union, etc.). In
                                                petitions for emergency waivers in                      hours, rather than 48 hours, off duty.                 accordance with 5 U.S.C. 553(c), DOT
                                                accordance with 49 CFR 211.45 are                          Each railroad that seeks to be added                solicits comments from the public to
                                                found at 49 CFR 211.45(f). Specific                     to the waiver executed a compliance                    better inform its processes. DOT posts
                                                instructions for filing comments in                     letter, attesting that it complies with all            these comments, without edit, including
                                                response to petitions for emergency                     of the employee consent requirements                   any personal information the
                                                waivers are found at 49 CFR 211.45(h).                  that FRA set forth in its initial March 5,             commenter provides, to
                                                   Anyone is able to search the                         2010, decision letter. Additionally, each              www.regulations.gov, as described in
                                                electronic form of any written                          railroad will maintain the underlying                  the system of records notice (DOT/ALL–
                                                communications and comments                             employee consent or employee                           14 FDMS), which can be reviewed at
                                                received into any of our dockets by the                 representative consent documents in its                www.dot.gov/privacy. See also http://
                                                name of the individual submitting the                   files for FRA inspection.                              www.regulations.gov/#!privacyNotice
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                                                comment (or signing the document, if                       A copy of the petition, as well as any              for the privacy notice of regulations.gov.
                                                submitted on behalf of an association,                  written communications concerning the
                                                business, labor union, etc.). In                        petition, is available for review online at            Robert C. Lauby,
                                                accordance with 5 U.S.C. 553(c), DOT                    www.regulations.gov and in person at                   Associate Administrator for Railroad Safety,
                                                solicits comments from the public to                    the U.S. Department of Transportation’s                Chief Safety Officer.
                                                better inform its processes. DOT posts                  (DOT) Docket Operations Facility, 1200                 [FR Doc. 2016–00201 Filed 1–8–16; 8:45 am]
                                                these comments, without edit, including                 New Jersey Avenue SE., W12–140,                        BILLING CODE 4910–06–P




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Document Created: 2016-01-16 01:04:21
Document Modified: 2016-01-16 01:04:21
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of establishment of public docket (Notice).
FR Citation81 FR 1286 

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