Federal Register / Vol. 71, No. 168 / Wednesday, August 30, 2006 / Rules and Regulations 51517 

Printing, Inc., 445 12th Street, SW., 

Room CY–B402, Washington, DC 20554, 

telephone 1–800–378–3160 or 

www.BCPIWEB.com. The Commission 

will send a copy of this Report and 

Order in a report to be sent to Congress 

and the Government Accountability 

Office pursuant to the Congressional 

Review Act, see 5 U.S.C. 801(a)(1)(A). 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

■ As stated in the preamble, the Federal 

Communications Commission amends 

47 CFR part 73 as follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336. 

§ 73.202 [Amended] 

■ 2. Section 73.202(b), the Table of FM 

Allotments under Florida is amended by 

removing Channel 245C at Jacksonville 

and adding Channel 245C0 at 

Jacksonville. 

■ 3. Section 73.202(b), the Table of FM 

Allotments under Georgia is amended 

by adding Channel 246A at Homerville. 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division Media 

Bureau. 

[FR Doc. E6–14156 Filed 8–29–06; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 211 

[Docket No. FRA–2006–24838] 

RIN 2130–AB79 

Establishment of Emergency Relief 

Dockets and Procedures for Handling 

Petitions for Emergency Waiver of 

Safety Regulations 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Interim final rule; request for 

comments. 

SUMMARY: FRA is issuing procedures 

governing the creation of Emergency 

Relief Dockets (ERD) as well as 

procedures for obtaining waivers from a 

safety rule, regulation, or standard 

during an emergency situation or event. 

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. 

DATES: This interim final rule is 

effective August 30, 2006; written 

comments must be received on or before 

October 30, 2006. Comments received 

after that date will be considered to the 

extent possible without incurring 

additional expense or delay. 

ADDRESSES: Comments: Any comments 

related to Docket No. FRA–2006–24838, 

may be submitted by any of the 

following methods: 

• Web Site: http://dms.dot.gov. 

Follow the instructions for submitting 

comments on the DOT electronic docket 

site. 

• Fax: 1–202–493–2251. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

001. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC between 9 a.m. and 5 p.m. Monday 

through Friday, except Federal 

Holidays. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

Instructions: All submissions must 

include the agency name and docket 

number or Regulatory Identification 

Number (RIN) for this rulemaking. Note 

that all comments received will be 

posted without change to http:// 

dms.dot.gov including any personal 

information. Please see the General 

Information heading in the 

SUPPLEMENTARY INFORMATION section of 

this document for Privacy Act 

information related to any submitted 

comments or materials. 

Public Hearing: Due to the limited 

scope of this interim final rule, FRA is 

not scheduling a public hearing at this 

time. However, FRA will consider any 

request for an opportunity to make an 

oral presentation that is filed as noted 

above by the deadline for written 

comments. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

dms.dot.gov at any time or to PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC between 9 a.m. and 5 p.m. Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Grady C. Cothen, Jr., Deputy Associate 

Administrator for Safety Standards and 

Program Development, FRA, 1120 

Vermont Avenue, NW., RRS–2, Mail 

Stop 25, Washington, DC 20590 

(Telephone 202–493–6302), or Michael 

Masci, Trial Attorney, Office of Chief 

Counsel, FRA, 1120 Vermont Avenue, 

NW., Mail Stop 10, Washington, DC 

20590 (Telephone 202–493–6037). 

SUPPLEMENTARY INFORMATION: 

Background 

FRA is establishing emergency waiver 

procedures so that the agency can 

quickly address waiver requests in 

emergency situations while continuing 

to provide an opportunity for public 

input in the process. Based on lessons 

learned from last year’s Hurricane 

Katrina, FRA is establishing procedures 

that allow the agency to expeditiously 

handle waiver requests that are directly 

related to an emergency situation or 

event. This will permit FRA to provide 

railroads necessary operational relief in 

a more timely manner during 

emergencies while at the same time 

maintaining public safety. 

Due to the catastrophic and 

devastating damage inflicted on the 

southern portion of the United States in 

the aftermath of Hurricane Katrina, FRA 

published a notice in the Federal 

Register establishing a temporary means 

for handling petitions for waiver from 

the Federal rail safety regulations that 

were directly related to the effects of the 

hurricane or were necessary to 

effectively address the relief efforts 

being undertaken in the area. See 70 FR 

53413 (September 8, 2005). FRA 

recognized that these types of petitions 

had to be afforded special consideration 

and had to be handled expeditiously in 

order to ensure that the emergency 

operational needs of the railroads were 

addressed while at the same time 

ensuring the safety of the public, 

including railroad employees. Such 

emergency waivers would help ensure 

that routine safety regulations would 

not stand in the way of railroad efforts 

to cope with the emergency and to 

provide timely relief and recovery 

efforts. FRA’s existing procedures 

related to the handling of petitions for 

waiver from the Federal rail safety 

regulations contained in 49 CFR part 

211, do not lend themselves to quick 

and immediate decisions by the agency, 

nor were they intended to. The existing 

procedures establish a process whereby 

FRA publishes a notice of any petition 

for waiver in the Federal Register. This 

notice then allows interested parties a 

period of time in which to comment on 

any such petition, generally thirty (30) 

days, and provides for a public hearing 

should one be requested. This process 

generally takes several months to 

accomplish. Accordingly, FRA 


jlentini on PROD1PC65 with RULES
51518 Federal Register / Vol. 71, No. 168 / Wednesday, August 30, 2006 / Rules and Regulations 

instituted a temporary set of expedited 

procedures for handling petitions for 

waivers that were directly related to the 

effects and aftermath of Hurricane 

Katrina. 

To prepare for future emergencies, 

FRA is issuing procedures for handling 

petitions for waivers in emergency 

situations. These procedures are based 

on the temporary procedures that were 

instituted in response to Hurricane 

Katrina. FRA believes that the 

emergency procedures contained in this 

interim final rule provide the agency 

with the ability to promptly and 

effectively address waiver requests 

directly related to an emergency while 

ensuring that the public and all 

interested parties are afforded proper 

notice of any such request, and are 

provided a sufficient opportunity to 

comment on any such request. 

When faced with a sudden emergency 

event or situation the Administrator 

may activate the emergency waiver 

procedures contained in this interim 

final rule. FRA will consider local, state 

and Federal declarations of emergency 

when determining whether 

circumstances qualify as an emergency 

event. To declare that the emergency 

waiver procedures are in effect, the 

Administrator will issue a statement in 

the Document Management System 

(DMS) at http://dms.dot.gov. The DMS 

will automatically notify parties that 

have signed up for the Emergency 

Waiver Listserv. (Instructions on how to 

sign up for automatic notification of 

additions to a docket are found 

at http://dms.dot.gov.) In addition, 

FRA will make every effort to post the 

statement on its Web site http:// 

www.fra.dot.gov/. FRA will also publish 

a notice in the Federal Register alerting 

interested parties that the emergency 

waiver procedures will be utilized. FRA 

anticipates that the circumstances that 

constitute the occurrence of, or 

imminent threat of an emergency event 

will occur infrequently. 

The types of emergency events 

intended to be covered by this interim 

final rule could be local, regional, 

national or international in scope and 

could include natural and manmade 

disasters, such as hurricanes, floods, 

earthquakes, mudslides, forest fires, 

snowstorms, terrorist acts, increased 

threat levels, chemical or biological 

attacks, pandemic outbreaks, releases of 

dangerous radiological, chemical, or 

biological material, or war-related 

activities. Not only will our Nation’s 

railroads be directly affected by many 

emergency events, they will also play a 

key role in the aftermath of those events, 

by providing necessary supplies and by 

moving displaced families and relief 

personnel to and from an affected area. 

Although the type of relief that might be 

granted under these provisions would 

vary greatly based on the type of 

emergency event involved, it is 

expected that the relief would generally 

involve such things as: Temporary 

postponement of required maintenance, 

repair, or inspection related to railroad 

equipment, track, and signals; 

temporary relief from certain record 

keeping or reporting requirements; or 

short-term relief from various 

operational requirements. Relief granted 

will not extend for more than nine 

months. For matters that may 

significantly impact the missions of the 

Department of Homeland Security 

(DHS), FRA will consult and coordinate 

with DHS as soon as practicable. 

FRA will establish a new ERD each 

calendar year. FRA will publish a notice 

in the Federal Register identifying the 

new docket number by January 31st of 

each year. When the Administrator 

determines the occurrence of, or 

imminent threat of, an emergency event, 

FRA will accept emergency waiver 

petitions for review. If FRA determines 

that a petition is directly related to an 

emergency situation, the petition will be 

placed in the ERD for that year. FRA 

will receive comments on a petition for 

72 hours from the time the petition is 

posted on the ERD. During that time, 

FRA will arrange a telephone 

conference for any party that requests a 

public hearing. If, after the telephone 

conference, a public hearing is still 

desired, then FRA will arrange for such 

a hearing pursuant to 49 CFR part 211 

as soon as practicable. These procedures 

are intended to balance the need for 

expedited waiver procedures during an 

emergency event to ensure public safety, 

and the need for adequate time to allow 

full public participation. The ERD and 

emergency waiver procedures contained 

in this interim final rule do not waive 

any regulatory requirements. They only 

reduce the length of the notice and 

comment period to permit FRA to act on 

the request as quickly as possible. 

Section-by-Section Analysis 

Processing of Emergency Waivers 

§ 211.45 

§ 211.45(a). This paragraph makes 

clear that the emergency waiver 

procedures are intended to go into effect 

when there is an occurrence of, or 

imminent threat of, an emergency event 

and public safety would benefit from 

providing the railroad industry with 

operational relief. The types of 

emergency events intended to be 

covered by this interim final rule could 

be local, regional, national or 

international in scope and could 

include natural and manmade disasters, 

such as hurricanes, floods, earthquakes, 

mudslides, forest fires, snowstorms, 

terrorist acts, increased threat levels, 

chemical or biological attacks, 

pandemic releases of dangerous 

radiological, chemical, or biological 

material, or war-related activities. 

§ 211.45(b). This paragraph contains 

information regarding FRA’s creation of 

ERDs. Establishing a new ERD each year 

allows FRA to receive petitions for 

emergency waivers as soon as the 

occurrence of, or imminent threat of an 

emergency event is determined to have 

occurred. A yearly ERD is also a 

convenient way to organize the 

emergency waiver petitions and related 

documents. For reference purposes any 

petition can be located by the year in 

which the emergency event or situation 

occurred. The docket system will also 

provide notice to interested parties. The 

DMS internet site that is identified in 

this interim final rule allows any 

interested party to subscribe, without 

fee, to its list serve application which 

will automatically notify the party via email when documents are added to the 

designated ERD. This paragraph also 

makes clear that FRA will publish by 

January 31st of each year, a Federal 

Register notice identifying the ERD for 

that year. This will inform interested 

parties where to find petitions for 

emergency waiver during an emergency 

and will allow such parties to subscribe 

to the DMS list serve application. 

Publishing a notice in the previous 

year’s ERD will allow the parties 

interested in the prior year to 

automatically receive the new docket 

number. 

§ 211.45(c). This paragraph identifies 

the Administrator as the individual 

responsible for determining when the 

emergency waiver procedures will be 

utilized. The Administrator is the 

appropriate person to determine 

whether a situation or set of 

circumstances constitutes an emergency 

for purposes of FRA’s use of the 

emergency waiver procedures. The 

Administrator has a unique familiarity 

with the rail-industry through oversight 

of the following: Managing 

comprehensive safety programs and 

regulatory initiatives; enforcement of 

FRA safety regulations; development 

and implementation of national freight 

and passenger rail policy; and oversight 

of diverse research and development 

activities in support of improved 

railroad safety. During significant 

emergencies the Administrator has 

extensive interaction with the 

Department of Homeland Security, 

Director of National Intelligence, the 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 71, No. 168 / Wednesday, August 30, 2006 / Rules and Regulations 51519 

Federal Bureau of Investigation, the 

Surface Transportation Board and other 

Federal agencies responsible for 

addressing public safety, health, 

security and welfare. In addition, the 

Administrator maintains 

contemporaneous communication with 

relevant rail transportation entities, 

including passenger and freight 

railroads. This experience and 

interaction provides a basis from which 

the Administrator can assess whether a 

situation or set of circumstances rises to 

the level of an emergency event that 

would necessitate activation of the 

emergency waiver procedures. FRA’s 

statement declaring that emergency 

procedures are in effect will be issued 

in the appropriate ERD. The DMS 

internet site that is identified in the rule 

text allows any interested party to 

subscribe, without fee, to its list serve 

application which automatically notifies 

the party via e-mail when documents 

are added to the appropriate ERD. The 

Administrator’s determination that 

emergency waiver procedures are in 

effect, would be one of those documents 

automatically transmitted to interested 

parties via e-mail. In determining 

whether an emergency exists the 

Administrator may consider states of 

emergency issued by a local, state, or 

Federal official, and determinations by 

the Federal government that a credible 

threat of a terrorist attack exists. A 

determination made by one of these 

officials that a state of emergency exists, 

indicates that special attention is 

needed to address the situation, and 

railroad operations may be implicated. 

The Administrator will consider 

whether such emergencies significantly 

affect railroad operations, and whether 

it would be beneficial to activate the 

emergency waiver procedures. 

§ 211.45(d). This paragraph identifies 

other methods by which interested 

parties may be notified of FRA’s 

determination to utilize the emergency 

waiver procedures. If conditions permit, 

FRA will issue the Administrator’s 

determination on FRA’s Web site to 

quickly notify the public. FRA will also 

publish a notice in the Federal Register 

as soon as possible after the 

Administrator’s determination to ensure 

full notification to all interested parties. 

§ 211.45(e). This paragraph identifies 

the required content of a petition for 

emergency waiver. To be considered 

under the emergency waiver 

procedures, FRA must first determine 

that the petition is directly related to the 

occurrence of, or imminent threat of an 

emergency event. FRA will base its 

determination on the information 

provided in the petition. Thus, the 

petition should contain information that 

sufficiently demonstrates the 

relationship between the emergency 

event and the waiver relief being sought. 

§ 211.45(f). This paragraph instructs 

the public how to submit a petition 

under the emergency waiver 

procedures. FRA is permitting 

submission by e-mail, fax, or mail. 

Permitting a variety of methods for 

submitting petitions for emergency 

waiver is intended to enhance the 

convenience and effectiveness of the 

process during the occurrence of, or 

imminent threat of an emergency event. 

§ 211.45(g). This paragraph contains 

information regarding FRA’s handling of 

waiver petitions under the emergency 

waiver procedures. After the FRA 

declares that the emergency procedures 

are in effect, it will accept petitions for 

emergency waivers. Petitions that are 

determined to be directly related to an 

emergency will be placed in the ERD for 

that year. The DMS numbers each 

document that is added to a docket. 

Thus, each petition submitted to the 

ERD will have a unique document 

number. For reference purposes, this 

document number should be identified 

on all communications related to that 

particular waiver petition. 

§ 211.45(h). This paragraph explains 

the comment process. FRA believes that 

72 hours is a reasonable length of time 

to consider comments in an emergency 

situation. During hurricane Katrina, 

public safety was well served by FRA’s 

expedited emergency waiver 

procedures. Similarly, during future 

emergency situations the public interest 

will require an expedited review 

process to ensure public safety. FRA 

believes that the emergency waiver 

procedures and the need to quickly 

address these types of waiver petitions 

fall within the good cause exemption 

under section 553 of the Administrative 

Procedure Act relating to providing 

prior notice and comment. Nonetheless, 

FRA is providing notice to interested 

parties and is permitting a short 

comment period prior to taking any 

agency action. Moreover, FRA is 

providing an opportunity for a public 

hearing as soon as practicable after 

initial consideration of an emergency 

waiver petition. 

§ 211.45(i). This paragraph describes 

how FRA will handle requests for 

hearing. FRA believes that a telephone 

conference will provide interested 

parties with an opportunity to present 

evidence regarding a particular petition 

to a neutral decision maker. If a party 

requests a public hearing after the 

telephone conference, FRA will provide 

one as soon as practicable. During an 

emergency the public interest requires 

that an expedited waiver process be 

utilized. 

§ 211.45(j). This paragraph identifies 

the process by which FRA will make 

decisions on emergency waivers 

including: FRA’s consideration of the 

petition; notification to the public of 

FRA’s decision; and the limits of any 

relief granted under the procedures. The 

ability to grant or deny a petition 

without delay is essential to ensuring 

public safety during an emergency. The 

opportunity to reconsider a petition 

after the initial decision is made will 

ensure a robust deliberation. Under 

circumstances where reconsideration is 

appropriate, FRA will utilize additional 

time to consider the parties’ input. 

FRA’s understanding of an emergency 

may change as the emergency event 

develops. Accordingly, the public will 

benefit from FRA’s ability to reconsider 

decisions, and make appropriate 

adjustments based on further 

information. This will also ensure that 

FRA has the opportunity to address all 

relevant arguments made by interested 

parties anytime after its initial 

consideration of a petition. During an 

emergency it is a priority to address 

petitions for emergency waiver and 

make a decision without delay. Relevant 

comments may be submitted after the 

72-hour comment period, and the public 

will benefit from ensuring that FRA has 

the opportunity to address those 

comments as soon as practicable. 

Posting the decision letters in the 

appropriate ERD will provide notice to 

interested parties. The DMS internet site 

that is identified in the rule text allows 

any interested party to subscribe, 

without fee, to its list serve application 

which will automatically notify the 

party via e-mail when documents are 

added, including the Administrator’s 

determination that emergency waiver 

procedures are in effect, to the 

designated ERD. 

This paragraph also makes clear that 

any relief granted under these 

procedures will be limited to no more 

than nine months. If relief is needed for 

a period of time beyond nine months, a 

petition can be submitted through the 

traditional waiver process. Where issues 

of safety and security overlap, it may be 

necessary for FRA to coordinate with 

DHS. 

General Information 

Considering that the ERD and 

procedures for emergency waiver 

petitions are procedural modifications 

that will not change any regulatory 

requirements, together with the need to 

issue these procedural changes as soon 

as possible since we have entered the 

official hurricane season, FRA is issuing 


jlentini on PROD1PC65 with RULES
51520 Federal Register / Vol. 71, No. 168 / Wednesday, August 30, 2006 / Rules and Regulations 

this document as an interim final rule 

with a request for comments. Congress 

authored a good cause exemption to the 

informal rulemaking procedures to 

address emergencies (such as a response 

to a natural disaster) that might arise 

justifying issuance of a rule without 

prior public participation. As hurricane 

season begins again, unfortunately, 

another emergency event could occur 

immediately. The public would benefit 

from having the emergency waiver 

procedures in place before the 

emergency exists. Delay in the adoption 

of these procedures for expediting 

waivers could cause serious harm to the 

public and the rail industry. In contrast 

to the potential harm that could be 

caused by delay, the impact of the 

procedural modifications on the public 

will be minimal. This rule merely 

expedites the already-existing waiver 

process during an emergency. 

Consequently, pursuant to 5 U.S.C. 

553(b)(3)(B), FRA believes that good 

cause exists for finding that prior public 

notice of this action is both 

impracticable and unnecessary. 

However, FRA is requesting written 

comments on the content of this interim 

final rule and, if any are received, FRA 

will address them when issuing the 

final rule. 

Immediate action is necessary to 

avoid disruption to the rail industry 

during a future emergency. Delaying the 

effective date of this rule during 

hurricane season would be 

impracticable, unnecessary, and 

contrary to the public interest. The rule 

establishes procedures that will benefit 

the rail industry and general public 

during an emergency. Having expedited 

emergency waiver procedures available 

during a future emergency will allow 

FRA to make timely decisions and 

provide relief from safety regulations. 

Privacy 

All potential commenters should be 

aware that anyone is able to search the 

electronic form of all comments 

received into any agency docket 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 

65, Number 70; Pages 19477–78) or you 

may visit http://dms.dot.gov. 

Regulatory Impact 

Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

This interim final rule has been 

evaluated in accordance with Executive 

Order 12866 and DOT policies and 

procedures. The modifications 

contained in this interim final rule are 

not considered significant because they 

are intended to merely institute an 

emergency relief docket, and establish 

internal FRA procedures for handling 

waivers directly related to an 

emergency. This interim final rule will 

not change any regulatory requirements. 

The economic impact of the procedures 

and establishment of the docket 

contained in this interim final rule will 

not affect the cost of compliance with 

the existing regulations. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act of 1980 

(5 U.S.C. 601 et seq.) requires a review 

of rules to assess their impact on small 

entities. FRA certifies that this interim 

final rule does not have a significant 

impact on a substantial number of small 

entities. Because the procedures and the 

establishment of an emergency docket 

contained in this rule does not change 

regulatory requirements, FRA has 

concluded that there are no substantial 

economic impacts on small units of 

government, businesses, or other 

organizations. 

Paperwork Reduction Act 

This interim final rule does not 

change any of the information collection 

requirements. 

Environmental Impact 

FRA has evaluated this interim final 

rule in accordance with its ‘‘Procedures 

for Considering Environmental Impacts’’

(FRA’s Procedures) (64 FR 28545, May 

26, 1999) as required by the National 

Environmental Policy Act (42 U.S.C. 

4321 et seq.), other environmental 

statutes, Executive Orders, and related 

regulatory requirements. FRA has 

determined that this document is not a 

major FRA action (requiring the 

preparation of an environmental impact 

statement or environmental assessment) 

because it is categorically excluded from 

detailed environmental review pursuant 

to section 4(c) of FRA’s Procedures. 

Federalism Implications 

FRA believes it is in compliance with 

Executive Order 13132. Because the 

emergency docket and procedures for 

emergency waiver petitions will not 

change any regulatory requirements, 

this document will not have a 

substantial effect on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. This interim final 

rule will not have federalism 

implications that impose any direct 

compliance costs on State and local 

governments. 

Unfunded Mandates Reform Act of 1995 

Pursuant to section 201 of the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4, 2 U.S.C. 1531), each 

Federal agency ‘‘shall, unless otherwise 

prohibited by law, assess the effects of 

Federal regulatory actions on State, 

local, and tribal governments, and the 

private sector (other than to the extent 

that such regulations incorporate 

requirements specifically set forth in 

law).’’ Section 202 of the Act (2 U.S.C. 

1532) further requires that ‘‘before 

promulgating any general notice of 

proposed rulemaking that is likely to 

result in the promulgation of any rule 

that includes any Federal mandate that 

may result in expenditure by State, 

local, and tribal governments, in the 

aggregate, or by the private sector, of 

$128,100,000 or more in any 1 year, and 

before promulgating any final rule for 

which a general notice of proposed 

rulemaking was published, the agency 

shall prepare a written statement’’

detailing the effect on State, local, and 

tribal governments and the private 

sector. Because the ERD and procedures 

for emergency waiver petitions will not 

change any regulatory requirements, 

this document will not result in the 

expenditure, in the aggregate, of 

$128,100,000 or more in any one year, 

and thus preparation of such a 

statement is not required. 

Energy Impact 

Executive Order 13211 requires 

Federal agencies to prepare a Statement 

of Energy Effects for any ‘‘significant 

energy action.’’ 66 FR 28355 ( May 22, 

2001). Under the Executive Order, a 

‘‘significant energy action’’ is defined as 

any action by an agency (normally 

published in the Federal Register) that 

promulgates or is expected to lead to the 

promulgation of a final rule or 

regulation, including notices of inquiry, 

advance notices of proposed 

rulemaking, and notices of proposed 

rulemaking: (1)(i) That is a significant 

regulatory action under Executive Order 

12866 or any successor order, and (ii) is 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy; or (2) that is designated by the 

Administrator of the Office of 

Information and Regulatory Affairs as a 

significant energy action. FRA has 

evaluated interim final rule in 

accordance with Executive Order 13211. 

Because the emergency docket and 

procedures for emergency waiver 

petitions will not change any regulatory 

requirements, FRA has determined that 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 71, No. 168 / Wednesday, August 30, 2006 / Rules and Regulations 51521 

this document will not have a 

significant adverse effect on the supply, 

distribution, or use of energy. 

Consequently, FRA has determined that 

this regulatory action is not a 

‘‘significant energy action’’ within the 

meaning of Executive Order 13211. 

List of Subjects in 49 CFR Part 211 

Administrative practice and 

procedure, Railroad safety. 

Adoption of the Amendment 

■ In consideration of the foregoing, part 

211 of Chapter II of Title 49 of the Code 

of Federal Regulations is amended to 

read as follows: 

PART 211—RULES OF PRACTICE 

■ 1. The authority citation for part 211 

continues to read as follows: 

Authority: 49 U.S.C. 20103, 20107, 20114, 

20306, 20502–20504, and 49 CFR 1.49. 

■ 2. Section 211.45 is added to subpart 

C to read as follows: 

§ 211.45 Petitions for emergency waiver of 

safety rules. 

(a) General. This section applies only 

to petitions for waiver of a safety rule, 

regulation, or standard that FRA 

determines are directly related to the 

occurrence of, or imminent threat of, an 

emergency event. For purposes of this 

section an emergency event could be 

local, regional, or national in scope and 

includes a natural or manmade disaster, 

such as a hurricane, flood, earthquake, 

mudslide, forest fire, significant 

snowstorm, terrorist act, biological 

outbreak, release of a dangerous 

radiological, chemical, or biological 

material, war-related activity, or other 

similar event. 

(b) Emergency Relief Docket. Each 

calendar year FRA creates an Emergency 

Relief Docket (ERD) in the publicly 

accessible DOT Document Management 

System (DMS). The DMS can be 

accessed 24 hours a day, seven days a 

week, via the Internet at the docket 

facility’s Web site at http://dms.dot.gov. 

All documents in the DMS are available 

for inspection and copying on the Web 

site or are available for examination at 

the DOT Docket Management Facility, 

Room PL–401 (Plaza Level), 400 7th 

Street, SW., Washington, DC 20590 

during regular business hours (9 a.m.–

5 p.m.). By January 31st of each year, 

FRA publishes a notice in the Federal 

Register identifying by docket number 

the ERD for that year. A notice will also 

be published in the previous year’s ERD 

identifying the new docket number. 

(c) Determining the existence of an 

emergency event. If the Administrator 

determines that an emergency event 

identified in paragraph (a) of this 

section has occurred, or that an 

imminent threat of it occurring exists, 

and determines that public safety or 

recovery efforts require that the 

provisions of this section be 

implemented, the Administrator will 

activate the Emergency Relief Docket 

identified in paragraph (d) of this 

section. In determining whether an 

emergency exists, the Administrator 

may consider declarations of emergency 

made by local, state, or Federal officials, 

and determinations by Federal 

government that a credible threat of a 

terrorist attack exists. 

(d) Additional notification. When 

possible, FRA will post the FRA 

Administrator’s determination 

described in paragraph (b)(1) of this 

section on its Web site at http:// 

www.fra.dot.gov. FRA will also publish 

a notice in the Federal Register alerting 

interested parties of the FRA 

Administrator’s determination as soon 

as practicable. 

(e) Content of petitions for emergency 

waivers. Petitions submitted to FRA 

pursuant to this section should 

specifically address how the petition is 

related to the emergency, and to the 

extent practicable, contain the 

information required under § 211.9(a) 

and (b). The petition should at a 

minimum describe the following: How 

the petitioner or public is affected by 

the emergency (including the impact on 

railroad operations); what FRA 

regulations are implicated by the 

emergency (e.g. movement of defective 

equipment); how waiver of the 

implicated regulations would benefit 

petitioner during the emergency; and 

how long the petitioner expects to be 

affected by the emergency. 

(f) Filing requirements. Petitions filed 

under this section, shall be submitted 

using any of the following methods: 

(1) Direct e-mail to FRA at: 

RRS.Correspondence@fra.dot.gov; 

(2) Direct fax to FRA at: 202–493–

6309; or 

(3) To FRA Docket Clerk, Office of 

Chief Counsel, RCC–10, Mail Stop 10, 

1120 Vermont Avenue, NW., 

Washington, DC 20590, fax no. (202) 

493–6068. 

(g) FRA Handling and Initial Review. 

Upon receipt and initial review of a 

petition for waiver, to verify that it 

meets the criteria for use of these 

emergency procedures, FRA will add 

the petition to the ERD. The DMS 

numbers each document that is added to 

a docket. (For example, the first 

document submitted to the docket in 

2006 will be identified as FRA–2006–

XXX–1.) Thus, each petition submitted 

to the ERD will have a unique document 

number which should be identified on 

all communications related to petitions 

contained in this docket. If FRA 

determines that the petition does not 

meet the criteria for use of these 

emergency procedures, FRA will notify 

the petitioner and will process the 

petition under normal waiver 

procedures of this subpart. 

(h) Comments. Comments should be 

submitted within 72-hours from the 

time the petition is entered into and 

available on the DMS. Any comment 

received after that period will be 

considered to the extent practicable. All 

comments should identify the 

appropriate ERD and should identify the 

specific document number of the 

petition designated by the DMS in the 

ERD. Interested parties commenting on 

a petition under this section should also 

include in their comments to the ERD 

telephone numbers at which their 

representatives may be reached. 

Interested parties may submit their 

comments using any of the following 

methods: 

(1) Direct e-mail to FRA at: 

RRS.Correspondence@fra.dot.gov. 

(2) Direct fax to FRA at: 202–493–

6309. 

(3) Submission of comments to the 

Docket Clerk, DOT Docket Management 

Facility, Room PL–401 (Plaza Level), 

400 7th Street, SW., Washington, DC 

20590 or electronically via the Internet 

at http://dms.dot.gov. Any comments or 

information sent directly to FRA will be 

immediately provided to the DOT DMS 

for inclusion in the ERD. 

(i) Request for hearing. Parties 

desiring a public hearing on any 

petition being processed under this 

section must notify FRA through the 

comment process identified in 

paragraph (h) of this section within 72- 

hours from the time the petition is 

entered into and available on the DMS. 

In response to a request for a public 

hearing, FRA will arrange a telephone 

conference between all interested 

parties to provide an opportunity for 

oral comment. The conference will be 

arranged as soon as practicable. After 

such conference, if a party stills desires 

a public hearing on the petition, then a 

public hearing will be arranged as soon 

as practicable pursuant to the provisions 

contained in 49 CFR part 211. 

(j) Decisions. FRA may grant a 

petition for waiver prior to conducting 

a public hearing if such action is in the 

public interest and consistent with 

safety or in situations where a hearing 

request is received subsequent to the 72- 

hour comment period. In such an 

instance, FRA will notify the party 

requesting the public hearing of its 


jlentini on PROD1PC65 with RULES
51522 Federal Register / Vol. 71, No. 168 / Wednesday, August 30, 2006 / Rules and Regulations 

1 70 FR 48883 (August 22, 2005) (Docket No. 

NHTSA–2005–22052–1). 

2 Docket No. NHTSA–2005–20052–3 and 4. 

3 Docket No. NHTSA–2005–20052–5. 

4 Docket No. NHTSA–2005–20052–7. 

decision and will arrange to conduct 

such hearing as soon as practicable. 

(1) FRA reserves the right to reopen 

any docket and reconsider any decision 

made pursuant to these emergency 

procedures based upon its own 

initiative or based upon information or 

comments received subsequent to the 

72-hour comment period or at a later 

scheduled public hearing. 

(2) FRA decision letters, either 

granting or denying a petition, will be 

posted in the appropriate ERD and will 

reference the document number of the 

petition to which it relates. 

(3) Relief granted shall not extend for 

more than nine months. 

(4) For matters that may significantly 

impact the missions of the Department 

of Homeland Security, FRA consults 

with the Department of Homeland 

Security as soon as practicable. 

Issued in Washington, DC on August 28, 

2006. 

Joseph H. Boardman, 

Federal Railroad Administrator. 

[FR Doc. 06–7292 Filed 8–28–06; 1:22 pm] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

[Docket No. NHTSA 2006–25725] 

RIN 2127–AJ92 

Federal Motor Vehicle Safety 

Standards; Seat Belt Assemblies 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), DOT. 

ACTION: Final rule; response to petitions 

for reconsideration. 

SUMMARY: This document responds to 

three petitions for reconsideration of our 

August 2005 final rule amending the 

Federal motor vehicle safety standard 

for seat belt assemblies. The 

amendments redefined and clarified 

certain requirements and established a 

new test methodology for emergencylocking retractors. The petitions for 

reconsideration requested that the 

agency adopt additional amendments. 

The petitions are granted in part and 

denied in part, and, through this 

document, we are amending the 

standard accordingly. 

DATES: Effective Date: The amendments 

made in this final rule are effective 

October 30, 2006. 

Compliance Date: The requirements 

of the August 2005 final rule, as 

amended by today’s rule, become 

mandatory for all seat belt assemblies 

subject to the standard that are 

manufactured on or after February 22, 

2007. Voluntary compliance is 

permitted before that date. 

Petitions for Reconsideration: If you 

wish to submit a petition for 

reconsideration for this rule, your 

petition must be received by October 16, 

2006. 

ADDRESSES: Petitions for reconsideration 

should refer to the docket number above 

and be submitted to: Administrator, 

Room 5220, National Highway Traffic 

Safety Administration, 400 Seventh 

Street, SW., Washington, DC 20590. 

See the SUPPLEMENTARY INFORMATION

portion of this document (Section VI; 

Rulemaking Analyses and Notices) for 

DOT’s Privacy Act Statement regarding 

documents submitted to the agency’s 

dockets. 

FOR FURTHER INFORMATION CONTACT: For 

non-legal issues, you may call Mr. 

Christopher Wiacek, Office of 

Crashworthiness Standards (Telephone: 

202–366–4801) (Fax: 202–493–2290). 

For legal issues, you may call Mr. Eric 

Stas, Office of Chief Counsel 

(Telephone: 202–366–2992) (Fax: 202–

366–3820). 

You may send mail to these officials 

at National Highway Traffic Safety 

Administration, 400 Seventh Street, 

SW., Washington, DC 20590. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Summary of Decision 

II. Background 

III. Petitions for Reconsideration 

IV. Discussion and Analysis 

A. Angle Tolerances 

1. Acceleration Tests 

2. Tilt-Lock Requirements 

B. Determination of Lock-Up 

C. Requirements for Dual-Sensing ELRs 

D. Other Issues 

V. Benefits and Costs 

VI. Rulemaking Analyses and Notices 

I. Summary of Decision 

This document responds to three 

petitions for reconsideration of our 

August 22, 2005 final rule 1 amending 

Federal Motor Vehicle Safety Standard 

(FMVSS) No. 209, Seat Belt Assemblies. 

That final rule amended the standard to 

redefine the requirements and to 

establish a new test methodology for 

emergency-locking retractors (ELRs). 

Specifically, the final rule established a 

new, more tightly defined accelerationtime (A–T) corridor, added a figure 

illustrating the new acceleration-time 

corridor, provided a tolerance on angle 

measurements, and adopted similar 

instrumentation specifications to those 

currently found in other FMVSSs 

containing dynamic tests. 

Petitions for reconsideration of the 

August 2005 final rule were submitted 

by the Automotive Occupant Restraints 

Council (AORC) 2, BMW of North 

America (BMW) 3, and TAKATA–PETRI 

AG (TAKATA–PETRI).4 The petitioners 

requested additional amendments to 

Standard No. 209. 

The purpose of the August 2005 final 

rule was to clarify the test procedures 

for ELRs, while ensuring that those 

devices continue to perform their 

important safety function of locking up 

a seat belt in the event of a crash or 

emergency braking. These amendments 

to the standard apply to seat belt 

assemblies for use in passenger cars, 

multipurpose passenger vehicles, 

trucks, and buses. 

In general, the petitions for 

reconsideration requested minor 

technical modifications to the ELR 

provisions of Standard No. 209, the 

most significant of which involved: (1) 

Modifications to various angle 

tolerances specified in the final rule, 

e.g., in the acceleration tests (requested 

by the AORC) and the tilt lock 

requirements (requested by all three 

petitioners), and (2) specification of how 

to determine the point of ELR lock-up 

(requested by BMW and TAKATA–

PETRI). In addition, all three petitioners 

sought clarification that the final rule 

did not overturn the agency’s earlier 

interpretation that Standard No. 209 

requires dual-sensing ELRs (i.e., ELRs 

equipped with both vehicle 

acceleration-sensitive and webbingsensitive retractors) to meet the 

requirements of the standard for either 

type of retractor, not both. One 

petitioner (AORC) also sought 

correction of certain typographical 

errors identified in the laboratory test 

procedure for the standard (see section 

IV of this document for a complete 

discussion of issues raised in the 

petitions and their resolution). We have 

decided to grant the petitions in part 

and to deny them in part. 

The following points highlight the 

amendments to Standard No. 209 that 

we are adopting in response to the 

petitions for reconsideration. 

• In order to resolve potential 

interpretation problems that could arise 

in determining ELR lock-up and to 

maintain an objective and repeatable 

test methodology, this final rule amends 

the standard’s test procedures to 

provide that a belt load measurement of 


jlentini on PROD1PC65 with RULES