2016-00262. 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 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.