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)

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, 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).

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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]
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