Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
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###### Department of Transportation

###### Federal Railroad Administration

          - [Docket No. FRA-2009-0009]

# AGENCY:

Federal Railroad Administration (FRA), DOT.

# ACTION:

Notice of establishment of public docket.

# 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 § 211.45 to the FRA's Rules of Practice published at 49 CFR Part 211. Paragraph (b) of § 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 § 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 § 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