[Federal Register Volume 88, Number 10 (Tuesday, January 17, 2023)]
[Notices]
[Page 2755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00690]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2023-0003]


Establishment of an Emergency Relief Docket for Calendar Year 
2023

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 2023. The designated ERD for 
calendar year 2023 is docket number FRA-2023-0003.

ADDRESSES: See SUPPLEMENTARY INFORMATION section for further 
information regarding submitting petitions and/or comments to docket 
number FRA-2023-0003.

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 2023 
is docket number FRA-2023-0003.
    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. 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).

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 https://www.regulations.gov/privacy-notice for the privacy 
notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety Chief Safety Officer.
[FR Doc. 2023-00690 Filed 1-13-23; 8:45 am]
BILLING CODE 4910-06-P


