[Federal Register Volume 74, Number 19 (Friday, January 30, 2009)]
[Notices]
[Page 5720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1969]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2009-0009]


Establishment of an Emergency Relief Docket for Calendar Year 
2009

AGENCY: Federal Railroad Administration (FRA), DOT.

ACTION: Notice of establishment of public docket.

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SUMMARY: This Notice announces the establishment of FRA's emergency 
relief docket (ERD) for calendar year 2009. The designated ERD for 
calendar year 2009 is docket number FRA-2009-0009.

ADDRESSES: See SUPPLEMENTARY INFORMATION section for further 
information regarding submitting petitions and/or comments to Docket 
No. FRA-2009-0009.

SUPPLEMENTARY INFORMATION: On April 9, 2007, FRA published a 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. 72 FR 17433. That 
final rule added Sec.  211.45 to the FRA's Rules of Practice published 
at 49 CFR Part 211. Paragraph (b) of Sec.  211.45 provides that each 
calendar year FRA will establish an ERD in the publicly accessible DOT 
docket system (available on the internet at http://www.regulations.gov). Paragraph (b) of Sec.  211.45 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 final 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 2009 is 
docket number FRA-2009-0009.
    As detailed Sec.  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 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).

Privacy

    Anyone is able to search all comments received into any of our 
dockets 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 (Volume 
665, Number 7, Pages 19477-78). The statement may also be found at 
http://www.dot.gov/privacy.html.

    Issued in Washington, DC on January 23, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator, for Safety Standards and Program 
Development.
 [FR Doc. E9-1969 Filed 1-29-09; 8:45 am]
BILLING CODE 4910-06-P