Study on Protection of Certain Railroad Risk Reduction Data From Discovery or Use in Litigation, 26682-26684 [2011-11141]
Download as PDF
26682
Federal Register / Vol. 76, No. 89 / Monday, May 9, 2011 / Proposed Rules
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 the U.S. Department of
Transportation’s (DOT) complete
Privacy Act Statement in the Federal
Register published on January 17, 2008
(73 FR 3316), or you may visit https://
edocket.access.gpo.gov/2008/pdf/E8785.pdf.
Mr.
Thomas Yager, Chief, Driver and Carrier
Operations Division, Federal Motor
Carrier Safety Administration, U.S.
Department of Transportation, 1200
New Jersey Avenue, SE., Washington,
DC 20590, (202) 366–4325.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
Availability of Supplemental
Documents
For a full background on this
rulemaking, please see the preamble to
the NPRM (75 FR 82170, December 29,
2010). The docket (FMCSA–2004–
19608) contains all of the background
information for this rulemaking,
including comments. FMCSA has
placed these four research reports in the
docket:
• Blanco, M., Hanowski, R., Olson, R.,
Morgan, J., Soccolich, S., Wu, S.C., and
Guo, F., ‘‘The Impact of Driving, NonDriving Work, and Rest Breaks on
Driving Performance in Commercial
Motor Vehicle Operations,’’ FMCSA,
April 2011.
• Jovanis, J.P., Wu, K.F., and Chen,
C., ‘‘Hours of Service and Driver
Fatigue—Driver Characteristics
Research,’’ FMCSA, April 2011.
• Sando, T., Angel, M., Mtoi, E., and
Moses, R., ‘‘Analysis of the Relationship
Between Operator Cumulative Driving
Hours and Involvement in Preventable
Collisions,’’ Transportation Research
Board of the National Academies’ 2011
90th Annual Meeting, Paper No.: 11–
4165, November 2010.
• Sando, T., Mtoi, E., and Moses, R.,
‘‘Potential Causes Of Driver Fatigue: A
Study On Transit Bus Operators In
Florida,’’ Transportation Research Board
of the National Academies’ 2011 90th
Annual Meeting, Paper No.: 11–3398,
November 2010.
The two Sando, et al., reports discuss
research similar to that which the
Florida Department of Transportation
Transit Office submitted to the docket
on March 4, 2011 (docket item 23834:
Sando, T., Moses, R., Angel, M., and
Mtoi, E., ‘‘Safety Implications of Transit
Operator Schedule Policies,’’ University
of North Florida and Florida
Department of Transportation, October
VerDate Mar<15>2010
15:09 May 06, 2011
Jkt 223001
2010). The two additional reports by
Sando and his colleagues were
published by the Transportation
Research Board of the National
Academies for its 2011 90th Annual
Meeting. They were provided to 2011
Annual Meeting participants on digital
video disk and are available for
downloading at https://www.trb.org.
FMCSA may consider these four
reports in its rulemaking and invites
comment on their relevance to the
NPRM.
FMCSA is reopening the comment
period only for comments on these
documents and their relationship to the
proposed HOS regulations. Comments
unrelated to the studies and/or to their
relationship to the NPRM will not be
evaluated.
Rulemaking Schedule
FMCSA advises the public of an
adjustment to the rulemaking schedule
agreed to in litigation before the U.S.
Court of Appeals for the District of
Columbia Circuit (Case No. 09–1094).
Pursuant to an October 26, 2009,
agreement between Public Citizen, et al.
(Petitioners), and FMCSA, the Agency
was to publish a final rule within 21
months of
the date of the settlement agreement.
FMCSA will receive and analyze all
comments to this notice before it
completes its work on a final rule,
however. This extra comment period
will require additional time that was not
envisioned in 2009, and thus the
Agency will be unable to publish a final
rule by July 26, 2011. FMCSA has
advised Petitioners of this delay to the
rulemaking schedule.
Issued on: May 3, 2011.
Anne S. Ferro,
Administrator.
[FR Doc. 2011–11150 Filed 5–6–11; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Chapter II
[Docket No. FRA–2011–0025]
Study on Protection of Certain
Railroad Risk Reduction Data From
Discovery or Use in Litigation
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice and request for public
comment.
AGENCY:
In accordance with section
109 of the Rail Safety Improvement Act
SUMMARY:
PO 00000
Frm 00032
Fmt 4702
Sfmt 4702
of 2008 (RSIA), FRA is soliciting public
comment on the issue of whether it is
in the public interest, including public
safety and the legal rights of persons
injured in railroad accidents, to
withhold from discovery or use in
litigation in a Federal or State court
proceeding for damages involving
personal injury or wrongful death
against a carrier any report, survey,
schedule, list, or data compiled or
collected for the purpose of evaluating,
planning, or implementing a railroad
safety risk reduction program required
under the RSIA, including a railroad
carrier’s analysis of its safety risks and
its statement of the mitigation measures
with which it will address those risks.
DATES: Comments should be received on
or before July 8, 2011. Late-filed
comments will be considered to the
extent practicable.
ADDRESSES: You may submit comments
to Docket No. FRA–2011–0025 by any of
the following methods:
• Federal e-Rulemaking Portal: Go to
https://www.regulations.gov and follow
the instructions for sending your
comments electronically.
• Mail: Docket Management Facility:
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., Washington,
DC 20590–0001. If you submit
comments by mail and would like to
know that they reached the facility,
please enclose a stamped, self-addressed
envelope or postcard.
• Hand Delivery or Courier: West
Building, Ground Floor, Room W12–
140, 1200 New Jersey Avenue, SE.,
Washington, DC between 9 a.m. and
5 p.m. ET, Monday through Friday,
except Federal holidays.
• Fax: 202–493–2251
To avoid duplication, please use only
one of these four methods. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you provide.
Docket: To read background
documents or comments received, go to
https://www.regulations.gov and click on
the ‘‘read comments’’ box in the upper
right hand side of the screen. Then, in
the ‘‘Keyword’’ box, insert ‘‘FRA–2011–
0025’’ and click ‘‘Search.’’ Next, click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. Finally, in the ‘‘Title’’ column,
click on the document you would like
to review. If you do not have access to
the Internet, you may view the docket
online by visiting the Docket
Management Facility in Room W12–140
on the ground floor of the Department
of Transportation West Building, 1200
New Jersey Avenue, SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
E:\FR\FM\09MYP1.SGM
09MYP1
Federal Register / Vol. 76, No. 89 / Monday, May 9, 2011 / Proposed Rules
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
Roberta Stewart, Trial Attorney, Office
of Chief Counsel, FRA, 1200 New Jersey
Avenue, SE., Room W33–411, Mail Stop
10, Washington, DC 20590 (telephone
202–493–6027),
roberta.stewart@dot.gov.
SUPPLEMENTARY INFORMATION:
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
The Railroad Safety Improvement Act
of 2008
Pursuant to section 103 of the Rail
Safety Improvement Act of 2008 (Pub. L.
110–432, Div. A, or ‘‘RSIA’’) (codified at
49 U.S.C. 20156) and a delegation from
the Secretary (49 CFR 1.49(oo) 1), FRA is
conducting rulemakings to issue rules
by October 16, 2012 that would require
the establishment of risk reduction
programs by certain passenger and
freight railroads. As part of these risk
reduction programs, railroads would
have to produce detailed analyses of the
hazards and risks present in the railroad
working environment in order to
develop processes to eliminate these
hazards and risks. In section 109 of the
RSIA (codified at 49 U.S.C. 20118–
20119), Congress determined that for
these programs to be effective, the risk
analyses must, subject to a few
exceptions, be shielded from production
in response to Freedom of Information
Act (FOIA) requests.2 See 49 U.S.C.
20118.
In lieu of including a statutory
provision that would shield the risk
analysis information from production
and use in litigation, Congress
mandated a study. In Section 109 of the
RSIA, codified at 49 U.S.C. 20119,
Congress directed FRA to evaluate
whether it is in the public interest
(including public safety and the legal
rights of persons injured in railroad
accidents) to withhold from discovery
or admission into evidence in a Federal
or State court proceeding for damages
against a railroad carrier certain
information compiled or collected for a
safety risk reduction program required
by FRA. 49 U.S.C. 20119(a). In
conducting this study, FRA is required
to solicit input from railroads, railroad
1 ‘‘The Federal Railroad Administrator is
delegated authority to: * * * (oo) Carry out the
functions and exercise the authority vested in the
Secretary by the Rail Safety Improvement Act of
2008 (Pub. L. 110–431, Div. A, 122 Stat. 4848).’’
2 If the information is ‘‘necessary for the Secretary
of Transportation or another Federal agency to
enforce or carry out any provision of Federal law’’
it may be disclosed. The Secretary may also
disclose ‘‘any part of any record comprised of facts
otherwise available to the public if * * * the
Secretary determines that disclosure would be
consistent with the confidentiality needed for that
safety risk reduction or pilot program.’’
VerDate Mar<15>2010
15:09 May 06, 2011
Jkt 223001
non-profit employee labor
organizations, railroad accident victims
and their families, and the general
public.
The Secretary has delegated the
responsibility to carry out this provision
to the Administrator of FRA. 49 CFR
1.49(oo). In accordance with section 109
of the RSIA, FRA is therefore issuing
this notice to solicit public comments
on whether it is in the public interest to
protect railroad risk reduction
information from production and use in
litigation. Once the mandated study is
completed, FRA may, if it is in the
public interest, prescribe a rule to
address the results of the study. Any
such final rule would not become
effective until one year after its
adoption.
Section 109 of the RSIA specifically
refers to public safety as a component of
the public interest to be evaluated in the
study. Comments received by FRA in
response to its advance notice of
proposed rulemaking (ANPRM) on a
risk reduction program indicate that
railroads are reluctant to participate in
the development of a statutorily
mandated risk reduction program rule
and to provide comprehensive risk
analyses that might be used against
them in litigation. See 49 U.S.C. 20156
and 75 FR 76345 (December 8, 2010),
Docket No. FRA–2009–0038. The
purpose of shielding sensitive risk
information from production in private
litigation would be to encourage a
railroad to describe its safety
vulnerabilities, including its security
vulnerabilities, and the mitigation
measures it has identified with which it
will address those risks, in documents
that are not simply recitations of
platitudes or pamphlets suitable for
public relations campaigns but instead
serious, comprehensive, and in-depth
analyses. In other words, because
railroads have indicated that they would
be reluctant to produce comprehensive
risk reduction analyses if they may be
released in response to discovery
requests or used in litigation, safety may
be enhanced by prohibiting their
release.
In addition to the public interest in
railroad safety, section 109 of the RSIA
also mentions specifically the legal
rights and interests of persons injured in
railroad accidents. There are numerous
lawsuits each year against railroads that
involve matters such as passenger train
accidents, rail-highway grade crossing
accidents, and railroad employee
injuries. If the risk reduction
information that would be generated
and collected by the railroads under
FRA’s risk reduction programs were
protected from discovery and use in
PO 00000
Frm 00033
Fmt 4702
Sfmt 4702
26683
these types of private lawsuits, another
important question is whether private
litigants would be disadvantaged by that
protection.
Accordingly, FRA is soliciting
comments on the following issues:
• Whether and how railroad safety
and railroad risk reduction programs
would be impacted if risk reduction
information collected for these programs
were discoverable and could be used in
litigation; and
• Whether and how the legal rights of
persons injured in railroad accidents
would be impacted if railroad risk
reduction program information were
protected from discovery and use in
litigation.
These specific questions are not
intended to limit the comments; if there
are other issues applicable to the
protection of railroad risk information
from use in litigation that commenters
believe should be addressed, FRA
invites a discussion of those issues.
Once the comment period has closed,
FRA will evaluate, digest and
summarize the comments. The public
comments will then be used as part of
a final study report to fulfill the
requirements of 49 U.S.C. 20119 in
determining whether it is in the public
interest to protect railroad risk
reduction information from discovery
and use in litigation. If, based on the
final study report, FRA were to
conclude that it would be in the overall
public interest to protect such
information, FRA would then prepare
and issue a notice of proposed
rulemaking requesting public comment
on draft regulations regarding
limitations on the use of railroad risk
information in litigation. The final study
report will be made available to the
public.
Supplemental Materials
To assist commenters in evaluating
and discussing the issues at hand, FRA
will place several items in the public
docket for review.
First, FRA will put in the docket
copies of the applicable statutes relating
to the establishment of railroad risk
reduction programs, the statutory
protection of railroad risk reduction
information from FOIA, and the
statutory requirement for the study on
the protection of railroad risk reduction
information from discovery and use in
litigation.
Second, FRA will put in the docket a
copy of a report (produced by FRA’s
contractor for the study) that discusses
existing Federal government programs,
both within and outside of DOT, that
protect similar types of risk information
from use in litigation, and the
E:\FR\FM\09MYP1.SGM
09MYP1
26684
Federal Register / Vol. 76, No. 89 / Monday, May 9, 2011 / Proposed Rules
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
mechanisms by which that information
is protected. The report provides an
overview of the legal means by which
certain types of information provided to
the Federal government are protected
from disclosure. Part II of the report
identifies certain existing legal
principles applicable to disclosure of
information held by the Federal
government, focusing on FOIA and the
discovery process in Federal and State
court litigation. Part III summarizes the
RSIA’s statutory requirements regarding
the establishment of risk reduction
programs, and summarizes FRA’s
actions to date to implement the RSIA’s
requirements. Parts IV and V provide an
VerDate Mar<15>2010
15:09 May 06, 2011
Jkt 223001
overview of a number of statutes and
regulations that limit access to
information submitted to DOT and other
Federal government agencies. Within
each Part, the report describes programs
under which disclosure of safety-related
information has been specifically
limited by statute or regulation. The
report also discusses programs that
provide various degrees of protection for
certain types of non-safety-related
information.
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 (Volume
65, Number 70, pages 19477–78) or
online at https://www.dot.gov/
privacy.html.
Regulatory Notices
Privacy Act: Anyone is able to search
the electronic form of any written
communications and comments
Issued in Washington, DC, on May 3, 2011.
Joseph C. Szabo,
Administrator, Federal Railroad
Administration.
[FR Doc. 2011–11141 Filed 5–6–11; 8:45 am]
PO 00000
Frm 00034
Fmt 4702
Sfmt 9990
BILLING CODE 4910–06–P
E:\FR\FM\09MYP1.SGM
09MYP1
Agencies
[Federal Register Volume 76, Number 89 (Monday, May 9, 2011)]
[Proposed Rules]
[Pages 26682-26684]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11141]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Chapter II
[Docket No. FRA-2011-0025]
Study on Protection of Certain Railroad Risk Reduction Data From
Discovery or Use in Litigation
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice and request for public comment.
-----------------------------------------------------------------------
SUMMARY: In accordance with section 109 of the Rail Safety Improvement
Act of 2008 (RSIA), FRA is soliciting public comment on the issue of
whether it is in the public interest, including public safety and the
legal rights of persons injured in railroad accidents, to withhold from
discovery or use in litigation in a Federal or State court proceeding
for damages involving personal injury or wrongful death against a
carrier any report, survey, schedule, list, or data compiled or
collected for the purpose of evaluating, planning, or implementing a
railroad safety risk reduction program required under the RSIA,
including a railroad carrier's analysis of its safety risks and its
statement of the mitigation measures with which it will address those
risks.
DATES: Comments should be received on or before July 8, 2011. Late-
filed comments will be considered to the extent practicable.
ADDRESSES: You may submit comments to Docket No. FRA-2011-0025 by any
of the following methods:
Federal e-Rulemaking Portal: Go to https://www.regulations.gov and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
If you submit comments by mail and would like to know that they reached
the facility, please enclose a stamped, self-addressed envelope or
postcard.
Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC between 9
a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays.
Fax: 202-493-2251
To avoid duplication, please use only one of these four methods.
All comments received will be posted without change to https://www.regulations.gov and will include any personal information you
provide.
Docket: To read background documents or comments received, go to
https://www.regulations.gov and click on the ``read comments'' box in
the upper right hand side of the screen. Then, in the ``Keyword'' box,
insert ``FRA-2011-0025'' and click ``Search.'' Next, click the ``Open
Docket Folder'' in the ``Actions'' column. Finally, in the ``Title''
column, click on the document you would like to review. If you do not
have access to the Internet, you may view the docket online by visiting
the Docket Management Facility in Room W12-140 on the ground floor of
the Department of Transportation West Building, 1200 New Jersey Avenue,
SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
[[Page 26683]]
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Roberta Stewart, Trial Attorney,
Office of Chief Counsel, FRA, 1200 New Jersey Avenue, SE., Room W33-
411, Mail Stop 10, Washington, DC 20590 (telephone 202-493-6027),
roberta.stewart@dot.gov.
SUPPLEMENTARY INFORMATION:
The Railroad Safety Improvement Act of 2008
Pursuant to section 103 of the Rail Safety Improvement Act of 2008
(Pub. L. 110-432, Div. A, or ``RSIA'') (codified at 49 U.S.C. 20156)
and a delegation from the Secretary (49 CFR 1.49(oo) \1\), FRA is
conducting rulemakings to issue rules by October 16, 2012 that would
require the establishment of risk reduction programs by certain
passenger and freight railroads. As part of these risk reduction
programs, railroads would have to produce detailed analyses of the
hazards and risks present in the railroad working environment in order
to develop processes to eliminate these hazards and risks. In section
109 of the RSIA (codified at 49 U.S.C. 20118-20119), Congress
determined that for these programs to be effective, the risk analyses
must, subject to a few exceptions, be shielded from production in
response to Freedom of Information Act (FOIA) requests.\2\ See 49
U.S.C. 20118.
---------------------------------------------------------------------------
\1\ ``The Federal Railroad Administrator is delegated authority
to: * * * (oo) Carry out the functions and exercise the authority
vested in the Secretary by the Rail Safety Improvement Act of 2008
(Pub. L. 110-431, Div. A, 122 Stat. 4848).''
\2\ If the information is ``necessary for the Secretary of
Transportation or another Federal agency to enforce or carry out any
provision of Federal law'' it may be disclosed. The Secretary may
also disclose ``any part of any record comprised of facts otherwise
available to the public if * * * the Secretary determines that
disclosure would be consistent with the confidentiality needed for
that safety risk reduction or pilot program.''
---------------------------------------------------------------------------
In lieu of including a statutory provision that would shield the
risk analysis information from production and use in litigation,
Congress mandated a study. In Section 109 of the RSIA, codified at 49
U.S.C. 20119, Congress directed FRA to evaluate whether it is in the
public interest (including public safety and the legal rights of
persons injured in railroad accidents) to withhold from discovery or
admission into evidence in a Federal or State court proceeding for
damages against a railroad carrier certain information compiled or
collected for a safety risk reduction program required by FRA. 49
U.S.C. 20119(a). In conducting this study, FRA is required to solicit
input from railroads, railroad non-profit employee labor organizations,
railroad accident victims and their families, and the general public.
The Secretary has delegated the responsibility to carry out this
provision to the Administrator of FRA. 49 CFR 1.49(oo). In accordance
with section 109 of the RSIA, FRA is therefore issuing this notice to
solicit public comments on whether it is in the public interest to
protect railroad risk reduction information from production and use in
litigation. Once the mandated study is completed, FRA may, if it is in
the public interest, prescribe a rule to address the results of the
study. Any such final rule would not become effective until one year
after its adoption.
Section 109 of the RSIA specifically refers to public safety as a
component of the public interest to be evaluated in the study. Comments
received by FRA in response to its advance notice of proposed
rulemaking (ANPRM) on a risk reduction program indicate that railroads
are reluctant to participate in the development of a statutorily
mandated risk reduction program rule and to provide comprehensive risk
analyses that might be used against them in litigation. See 49 U.S.C.
20156 and 75 FR 76345 (December 8, 2010), Docket No. FRA-2009-0038. The
purpose of shielding sensitive risk information from production in
private litigation would be to encourage a railroad to describe its
safety vulnerabilities, including its security vulnerabilities, and the
mitigation measures it has identified with which it will address those
risks, in documents that are not simply recitations of platitudes or
pamphlets suitable for public relations campaigns but instead serious,
comprehensive, and in-depth analyses. In other words, because railroads
have indicated that they would be reluctant to produce comprehensive
risk reduction analyses if they may be released in response to
discovery requests or used in litigation, safety may be enhanced by
prohibiting their release.
In addition to the public interest in railroad safety, section 109
of the RSIA also mentions specifically the legal rights and interests
of persons injured in railroad accidents. There are numerous lawsuits
each year against railroads that involve matters such as passenger
train accidents, rail-highway grade crossing accidents, and railroad
employee injuries. If the risk reduction information that would be
generated and collected by the railroads under FRA's risk reduction
programs were protected from discovery and use in these types of
private lawsuits, another important question is whether private
litigants would be disadvantaged by that protection.
Accordingly, FRA is soliciting comments on the following issues:
Whether and how railroad safety and railroad risk
reduction programs would be impacted if risk reduction information
collected for these programs were discoverable and could be used in
litigation; and
Whether and how the legal rights of persons injured in
railroad accidents would be impacted if railroad risk reduction program
information were protected from discovery and use in litigation.
These specific questions are not intended to limit the comments; if
there are other issues applicable to the protection of railroad risk
information from use in litigation that commenters believe should be
addressed, FRA invites a discussion of those issues.
Once the comment period has closed, FRA will evaluate, digest and
summarize the comments. The public comments will then be used as part
of a final study report to fulfill the requirements of 49 U.S.C. 20119
in determining whether it is in the public interest to protect railroad
risk reduction information from discovery and use in litigation. If,
based on the final study report, FRA were to conclude that it would be
in the overall public interest to protect such information, FRA would
then prepare and issue a notice of proposed rulemaking requesting
public comment on draft regulations regarding limitations on the use of
railroad risk information in litigation. The final study report will be
made available to the public.
Supplemental Materials
To assist commenters in evaluating and discussing the issues at
hand, FRA will place several items in the public docket for review.
First, FRA will put in the docket copies of the applicable statutes
relating to the establishment of railroad risk reduction programs, the
statutory protection of railroad risk reduction information from FOIA,
and the statutory requirement for the study on the protection of
railroad risk reduction information from discovery and use in
litigation.
Second, FRA will put in the docket a copy of a report (produced by
FRA's contractor for the study) that discusses existing Federal
government programs, both within and outside of DOT, that protect
similar types of risk information from use in litigation, and the
[[Page 26684]]
mechanisms by which that information is protected. The report provides
an overview of the legal means by which certain types of information
provided to the Federal government are protected from disclosure. Part
II of the report identifies certain existing legal principles
applicable to disclosure of information held by the Federal government,
focusing on FOIA and the discovery process in Federal and State court
litigation. Part III summarizes the RSIA's statutory requirements
regarding the establishment of risk reduction programs, and summarizes
FRA's actions to date to implement the RSIA's requirements. Parts IV
and V provide an overview of a number of statutes and regulations that
limit access to information submitted to DOT and other Federal
government agencies. Within each Part, the report describes programs
under which disclosure of safety-related information has been
specifically limited by statute or regulation. The report also
discusses programs that provide various degrees of protection for
certain types of non-safety-related information.
Regulatory Notices
Privacy Act: 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 (Volume 65, Number 70,
pages 19477-78) or online at https://www.dot.gov/privacy.html.
Issued in Washington, DC, on May 3, 2011.
Joseph C. Szabo,
Administrator, Federal Railroad Administration.
[FR Doc. 2011-11141 Filed 5-6-11; 8:45 am]
BILLING CODE 4910-06-P