Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Notices 5639 

statements, an application may be set 

for public hearing. 

All communications concerning these 

proceedings should identify the 

appropriate docket number (e.g., Waiver 

Petition Docket Number FRA–2009– 

0122) and may be submitted by any of 

the following methods: 

• Web site: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., W12–140, 

Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Avenue, SE., Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

Communications received within 45 

days of the date of this notice will be 

considered by FRA before final action is 

taken. Comments received after that 

date will be considered as far as 

practicable. All written communications 

concerning these proceedings are 

available for examination during regular 

business hours (9 a.m.—5 p.m.) at the 

above facility. All documents in the 

public docket are also available for 

inspection and copying on the Internet 

at the docket facility’s Web site at 

http://www.regulations.gov. 

Anyone is able to search the 

electronic form of any written 

communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

document (or signing the document, 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 (65 FR 

19477) or at http://www.dot.gov/ 

privacy.html. 

Issued in Washington, DC on January 28, 

2010. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. 2010–2247 Filed 2–2–10; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

[Docket FTA–2010–0003] 

Notice of Establishment of Emergency 

Relief Docket for Calendar Year 2010 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Notice. 

SUMMARY: The Federal Transit 

Administration (FTA) is establishing an 

Emergency Relief Docket for calendar 

year 2010 so grantees and subgrantees 

affected by national or regional 

emergencies may request relief from 

FTA administrative requirements set 

forth in FTA policy statements, 

circulars, guidance documents, and 

regulations. 

FOR FURTHER INFORMATION CONTACT: 

Richard L. Wong, Attorney-Advisor, 

Legislation and Regulations Division, 

Office of Chief Counsel, Federal Transit 

Administration, 1200 New Jersey Ave., 

SE., Room E56–308, Washington, DC 

20590, phone: (202) 366–4011, fax: (202) 

366–3809, or e-mail, 

Richard.Wong@dot.gov. 

SUPPLEMENTARY INFORMATION: Pursuant 

to Title 49 CFR Part 601, Subpart D, 

FTA is opening the Emergency Relief 

Docket. It may be opened at the request 

of a grantee or subgrantee, or on the 

Administrator’s own initiative. When 

the Emergency Relief Docket is opened, 

FTA will post a notice on its Web site, 

at http://www.fta.dot.gov. In addition, 

the notice will be posted in the docket. 

In the event a grantee or subgrantee 

believes the Emergency Relief Docket 

should be opened and it has not been 

opened, that grantee or subgrantee may 

submit a petition in duplicate to the 

Administrator, via U.S. mail, to: Federal 

Transit Administration, 1200 New 

Jersey Ave., SE., Washington, DC 20590; 

via telephone, at: (202) 366–1936; or via 

fax, at (202) 366–3472, requesting 

opening of the Docket for that 

emergency and including the 

information set forth below. 

All petitions for relief from 

administrative requirements must be 

posted in the docket in order to receive 

consideration by FTA. The docket is 

publicly accessible and can be accessed 

24 hours a day, seven days a week, via 

the Internet at http:// 

www.regulations.gov. Petitions may also 

be submitted by U.S. mail or by hand 

delivery to the DOT Docket 

Management Facility, 1200 New Jersey 

Ave., SE., Room W12–140, Washington, 

DC 20590. Any grantee or subgrantee 

submitting petitions for relief or 

comments to the docket must include 

the agency name (Federal Transit 

Administration) and docket number 

FTA–2010–0003. Grantees and 

subgrantees making submissions to the 

docket by mail or hand delivery should 

submit two copies. 

In the event a grantee or subgrantee 

needs to request immediate relief and 

does not have access to electronic 

means to request that relief, the grantee 

or subgrantee may contact any FTA 

regional office or FTA headquarters and 

request that FTA staff submit the 

petition on its behalf. 

A petition for relief shall: 

(a) Identify the grantee or subgrantee 

and its geographic location; 

(b) Specifically address how an FTA 

requirement in a policy statement, 

circular, or agency guidance will limit a 

grantee’s or subgrantee’s ability to 

respond to an emergency or disaster; 

(c) Identify the policy statement, 

circular, guidance document and/or rule 

from which the grantee or subgrantee 

seeks relief; and 

(d) Specify if the petition for relief is 

one-time or ongoing, and if ongoing 

identify the time period for which the 

relief is requested. The time period may 

not exceed three months; however, 

additional time may be requested 

through a second petition for relief. 

A petition for relief from 

administrative requirements will be 

conditionally granted for a period of 

three (3) business days from the date it 

is submitted to the Emergency Relief 

Docket. FTA will review the petition 

after the expiration of the three business 

days and review any comments 

submitted thereto. FTA may contact the 

grantee or subgrantee that submitted the 

request for relief, or any party that 

submits comments to the docket, to 

obtain more information prior to making 

a decision. FTA shall then post a 

decision to the Emergency Relief 

Docket. FTA’s decision will be based on 

whether the petition meets the criteria 

for use of these emergency procedures, 

the substance of the request, and the 

comments submitted regarding the 

petition. If FTA does not respond to the 

request for relief to the docket within 

three business days, the grantee or 

subgrantee may assume its petition is 

granted for a period not to exceed three 

months until and unless FTA states 

otherwise. 

Pursuant to section 604.2(f) of FTA’s 

charter rule, grantees and subgrantees 

may assist with evacuations or other 

movement of people that might 

otherwise be considered charter 

transportation when that transportation 

is in response to an emergency declared 

by the President, governor, or mayor, or 

in an emergency requiring immediate 

action prior to a formal declaration, 

even if a formal declaration of an 

emergency is not eventually made by 

the President, governor or mayor. 

Therefore, a request for relief is not 

necessary in order to provide this 

service. However, if the emergency lasts 

more than 45 calendar days, the grantee 

or subgrantee shall follow the 

procedures set out in this notice. 


jlentini on DSKJ8SOYB1PROD with NOTICES
5640 Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Notices 

FTA reserves the right to reopen any 

docket and reconsider any decision 

made pursuant to these emergency 

procedures based upon its own 

initiative, based upon information or 

comments received subsequent to the 

three business day comment period, or 

at the request of a grantee or subgrantee 

upon denial of a request for relief. FTA 

shall notify the grantee or subgrantee if 

it plans to reconsider a decision. FTA 

decision letters, either granting or 

denying a petition, shall be posted in 

the Emergency Relief Docket and shall 

reference the document number of the 

petition to which it relates. 

Issued in Washington, DC, this 29 day of 

January 2010. 

Peter Rogoff, 

Administrator. 

[FR Doc. 2010–2312 Filed 2–2–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2009–0086] 

Petition for Waiver of Compliance; 

Notice of Petition for Statutory 

Exemption 

In accordance with 49 U.S.C. 

21102(b), the American Short Line and 

Regional Railroad Association 

(ASLRRA), on behalf of its members, 

has petitioned the Federal Railroad 

Administration (FRA) for an exemption 

from certain provisions of the hours of 

service laws (HSL) (49 U.S.C. Chapter 

211). Specifically, ASLRRA has 

requested an exemption from the 

requirements of 49 U.S.C. 21103(a)(1) 

and 49 U.S.C. 21103(a)(4)(a) for certain 

of its member railroads that have 15 or 

less employees covered by the HSL. 

ASLRRA notes that its petition for 

exemption in this docket is related to its 

waiver petition in Docket Number FRA– 

2009–0078, except that its exemption 

request is limited to certain member 

railroads that have 15 or less employees 

covered by the HSL. In its waiver 

petition, ASLRRA seeks a waiver of the 

statutory requirement contained in 49 

U.S.C. 21103(a)(1), limiting train 

employees to 276 hours per calendar 

month for member railroads’ 

management employees who perform 

limited service as train employees for 

not more than 25% of their monthly 

hours in the service to the railroads. In 

its waiver petition, ASLRRA also seeks 

relief from 49 U.S.C. 21103(a)(4)(a), 

which requires railroads to provide train 

employees 48 hours of rest after an 

employee has initiated an on-duty 

period on 6 consecutive days and 72 

hours of rest after an employee has 

initiated an on-duty period on 7 

consecutive days. In its petition for 

exemption in this docket, ASLRRA 

further notes that the railroads that are 

the subject of its exemption request are 

the ‘‘smallest of the small railroads.’’ 

ASLRRA further expresses the view that 

in 49 U.S.C. 21102(b), ‘‘Congress granted 

FRA the broad power simply to exempt 

these small carriers’’ from the HSL. The 

entire ASLRRA petition may be 

reviewed online at http:// 

www.regulations.gov under Docket 

Number FRA–2009–0086. 

As ASLRRA notes in its petition, 49 

U.S.C. 21102(b) provides that the 

Secretary of Transportation (Secretary) 

may, with certain limitations, exempt a 

railroad carrier having not more than 15 

employees covered by the HSL from the 

requirements of Chapter 211. 

Specifically, 49 U.S.C. 21102(b) 

provides that the Secretary may allow 

the exemption after a full hearing, for 

good cause shown, and on deciding that 

the exemption is in the public interest 

and will not affect safety adversely. The 

exemption must be for a specific period 

of time and subject to review at least 

annually. This authority is delegated to 

FRA pursuant to 49 CFR 1.49. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings, 

however, if any interested party desires 

an opportunity for oral comment, they 

should notify FRA, in writing, before 

the end of the comment period and FRA 

will provide such an opportunity. 

All communications concerning these 

proceedings should identify the 

appropriate docket number (e.g., Docket 

Number FRA–2009–0086) and may be 

submitted by any of the following 

methods: 

• Web site: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., W12–140, 

Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Avenue, SE., Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

Communications received within 45 

days of the date of this notice will be 

considered by FRA before final action is 

taken. Comments received after that 

date will be considered as far as 

practicable. All written communications 

concerning these proceedings are 

available for examination during regular 

business hours (9 a.m.–5 p.m.) at the 

above facility. All documents in the 

public docket are also available for 

inspection and copying on the Internet 

at the docket facility’s Web site at 

http://www.regulations.gov. 

Anyone is able to 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 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). 

Issued in Washington, DC on January 28, 

2010. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. 2010–2246 Filed 2–2–10; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

[Docket No. PHMSA–2008–0211] 

Pipeline Safety: Implementation of 

Revised Incident/Accident Report 

Forms for Distribution Systems, Gas 

Transmission and Gathering Systems, 

and Hazardous Liquid Systems 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Notice; Issuance of Advisory 

Bulletin. 

SUMMARY: This notice advises owners 

and operators of gas pipeline facilities 

and hazardous liquid pipeline facilities 

that the incident/accident report forms 

for their pipeline systems were recently 

revised and should be used for all 

incidents and accidents occurring on or 

after January 1, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Jamerson Pender, Information Resources 

Manager, 202–366–0218 or by e-mail at 

Jamerson.Pender@dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Pipeline and Hazardous Materials 

Safety Administration (PHMSA) 

requires that an operator of a covered 

pipeline facility file a written report 

within 30 days of certain adverse 

events, defined by regulation as either 


jlentini on DSKJ8SOYB1PROD with NOTICES