
[Federal Register: February 29, 2008 (Volume 73, Number 41)]
[Notices]               
[Page 11191]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29fe08-149]                         

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2008-0009, Notice No. 1]

 
Establishment of an Emergency Relief Docket for Calendar Year 
2008

AGENCY: Federal Railroad Administration (FRA), DOT.

ACTION: Notice of establishment of public docket.

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SUMMARY: On August 30, 2006, FRA published an Interim Final Rule (IFR) 
addressing the establishment of emergency relief dockets (ERD) and the 
procedures for handling petitions for emergency waivers of safety 
regulations. 71 FR 51517. The IFR provided that each year, FRA will 
establish an ERD for that year and publish a notice in the Federal 
Register identifying the docket number of the ERD for that year. This 
Notice announces the establishment of FRA's ERD for the current year 
(calendar year 2008). The designated ERD for calendar year 2008 is 
docket number FRA-2008-0009.

ADDRESSES: See SUPPLEMENTARY INFORMATION section for further 
information regarding submitting petitions and/or comments to Docket 
No. FRA-2008-0009.

SUPPLEMENTARY INFORMATION: On August 30, 2006, FRA published an IFR 
addressing the establishment of ERD and the procedures for handling 
petitions for emergency waivers of safety rules, regulations, or 
standards during an emergency situation or event. 71 FR 51517. As noted 
in the IFR, 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. The IFR added Sec.  211.45 to subpart C of 49 CFR 
part 211 (49 CFR 211.45). Section 211.45(b) provides that each calendar 
year FRA will establish an ERD in the publicly accessible DOT docket 
system and that FRA will publish a notice in the Federal Register 
identifying by docket number the ERD for that year. This Notice No. 1 
announces that the designated ERD for calendar year 2008 is docket 
number FRA-2008-0009.
    As detailed in the IFR, 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. 70 FR 51518. 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 February 25, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 08-889 Filed 2-28-08; 8:45 am]

BILLING CODE 4910-06-M
