Federal Register / Vol. 86, No. 5 / Friday, January 8, 2021 / Notices 1573 

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specifically rescinded by the Administrator.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=FRA2020-0002-0002. However, any new requests for 

relief related to COVID–19 should be submitted to 

the 2021 ERD (FRA–2021–0001). 

exemption process, on the 

transportation merits of a project 

presenting serious questions like those 

raised here without more thoroughly 

evaluating those issues. The record in 

this proceeding on the overall financial 

viability of the project is significantly 

underdeveloped. Neither I nor the Board 

majority should be required to rely on 

reports in the media, which I have 

highlighted above, or on feasibility 

studies with all relevant data redacted, 

to make such an important decision on 

whether to approve construction of a 

rail line costing over a billion dollars 

through an environmentally sensitive 

area. 

Rather than determining at this time 

that the Coalition’s petition is ripe for 

decision, even preliminarily and 

piecemeal, the Board should require the 

Coalition to submit a complete and 

unredacted version of the R.L. Banks 

study, should insist that the Coalition 

elaborate on the projected demand for 

Uinta Basin oil in light of the global oil 

demand issues that have arisen since 

that study was completed, as discussed 

above, and should obtain more detail 

from the Coalition and DHIP Group on 

the reality of obtaining the necessary 

financing for the project, with or 

without obligating public funds, along 

with considering further input on these 

issues from the objectors. 

I therefore find it premature for the 

Board to issue the decision the majority 

issues today. Though the Decision states 

that it ‘‘does not prejudge the Board’s 

final decision, nor diminish the 

agency’s environmental review process 

concerning the proposed line’s 

construction,’’ Decision 10, 

nevertheless, the far more prudent 

course of action for the Board here 

would be to defer any decision on 

whether an exemption is warranted and 

on the overall transportation merits 

until the environmental review process 

is complete and until the Coalition 

submits more persuasive evidence on 

the financial viability of the entire 

project. 

I respectfully dissent. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2021–00175 Filed 1–7–21; 8:45 am] 

BILLING CODE 4915–01–P 

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. 

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 § 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). 

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 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–1999–6439, Notice No. 27] 

Adjustment of Nationwide Significant 

Risk Threshold 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of adjustment of 

Nationwide Significant Risk Threshold. 

SUMMARY: FRA is updating the 

Nationwide Significant Risk Threshold 

(NSRT) for purposes of FRA’s regulation 

on the Use of Locomotive Horns at 

Public Highway-Rail Grade Crossings. 

This action is needed to ensure the 


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