[Federal Register Volume 86, Number 5 (Friday, January 8, 2021)]
[Notices]
[Page 1573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00142]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2021-0001]


Establishment of an Emergency Relief Docket for Calendar Year 
2021

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (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 2021. The designated ERD for 
calendar year 2021 is docket number FRA-2021-0001.

ADDRESSES: See Supplementary Information section for further 
information regarding submitting petitions and/or comments to docket 
number FRA-2021-0001.

SUPPLEMENTARY INFORMATION: On May 19, 2009, FRA published a direct 
final rule establishing 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 49 
CFR 211.45 in FRA's Rules of Practice in 49 CFR part 211. Section 
211.45(b) provides that each calendar year FRA will establish an ERD in 
the publicly accessible DOT docket system (available at 
www.regulations.gov). Section 211.45(b) further provides that FRA will 
publish a notice in the Federal Register identifying by docket number 
the ERD for that year. FRA established the ERD and emergency waiver 
procedures 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 the designated ERD for calendar year 2021 
is docket number FRA-2021-0001.
    As detailed in Sec.  211.45, if the FRA Administrator determines 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.\1\ In such an event, the FRA Administrator will 
issue a statement in the ERD indicating the emergency waiver procedures 
are in effect and FRA will make every effort to post the statement on 
its website at railroads.dot.gov. Any party desiring relief from FRA 
regulatory requirements as a result of the emergency should submit a 
petition for emergency waiver under 49 CFR 211.45(e) and (f). Specific 
instructions for filing petitions for emergency waivers under 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 at 49 CFR 
211.45(h).
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    \1\ Given the ongoing nature of the coronavirus disease 2019 
(COVID-19) public health emergency, FRA considers the FRA 
Administrator's March 13, 2020, emergency declaration in docket 
number FRA-2020-0002 to be in effect until it is specifically 
rescinded by the Administrator. See https://www.regulations.gov/document?D=FRA-2020-0002-0002. However, any new requests for relief 
related to COVID-19 should be submitted to the 2021 ERD (FRA-2021-
0001).
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    Privacy
    Anyone can 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.). 
Under 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.transportation.gov/privacy. 
See also www.regulations.gov/privacyNotice for the privacy notice of 
regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety Chief Safety Officer.
[FR Doc. 2021-00142 Filed 1-7-21; 8:45 am]
BILLING CODE 4910-06-P