Establishment of an Emergency Relief Docket for Calendar Year 2019, 1818-1819 [2019-01036]

Download as PDF 1818 Federal Register / Vol. 84, No. 24 / Tuesday, February 5, 2019 / Notices either: 1) staff was too busy working on projects to have the time to complete the training courses identified in the plan; or 2) given the turnover rates in their office and the frequency of training offered, employees were unlikely to get all required training during their tenure. The Audit Team considers the plan to be realistic and urges the DOT&PF to consider ways to address these challenges. b) Regarding the training budget, interview responses revealed no consensus. The DOT&PF management indicated a strong desire to have a robust NEPA Program and some interviewees responded that they felt that the training budget was adequate. However, responses from other interviewees indicated that the training budget was inadequate, especially as it relates to travel. The Audit Team was unable to resolve whether the budget was inadequate and will consider this issue again in the next audit. c) The 2018 Environmental Program Training Plan links training to employee development and promotion. Interviews revealed: (1) inconsistent preparation and use of an ITP as is required for employees; (2) perceptions that training requirements for flexing from an Analyst 1 to Analyst 2 position are clearly spelled out, but not for advancement beyond an Analyst 2 position; (3) concerns that training opportunities are too limited or not available; and (4) some employees have not had a performance review in several years. Based on this input, the Audit Team suggests that the DOT&PF focus on additional ways to improve implementation of their Training Plan. d) Regarding training needs, DOT&PF staff indicated a need for Section 4(f) training, according to interviews in all three regions and SEO. Multiple interviewees also identified a need for training in noise and floodplains. Training needs cited at a lesser frequency included ESA, cumulative effects, Section 408, EA/EIS, QA/QC, Planning and Environmental Linkages, stream enhancement, NEPA, conflict resolution and mediation. Given that the DOT&PF is now implementing additional environmental review responsibilities based on the MOU, and staff recognize the need to be prepared to embrace those responsibilities, the Audit Team urges the DOT&PF to address these training needs expeditiously, and be sensitive to ongoing training needs. Performance Measures The DOT&PF has demonstrated it has taken an active interest in developing, monitoring, and implementing the performance measures required by the MOU. The March 21, 2018, DOT&PF NEPA Assignment Self-Assessment Summary Report contained the results of the DOT&PF’s first report of its assessment of NEPA Assignment and DOT&PF procedures compliance. The DOT&PF’s March 1, 2017, response to FHWA’s PAIR included answers to questions posed on performance measures. Because of the information provided in these two documents, combined with the fact that a relatively brief period of time has transpired since the MOU became effective, the Audit Team has not identified any observations or successful practices here. VerDate Sep<11>2014 17:22 Feb 04, 2019 Jkt 247001 However, the following discussion describes the current status of the DOT&PF’s performance measures. The DOT&PF’s performance measure to assess change in communication among the DOT&PF, Federal and State resource agencies, and the public resulting from assumption of responsibilities under this MOU was based on the experience of a single EA project, according to DOT&PF’s selfassessment summary report. Through interviews, the Audit Team learned that the DOT&PF believes the resource agencies will observe little change in communication and consultation because DOT&PF had been operating under a 23 U.S.C. 326 MOU since September 2009. The DOT&PF’s self-assessment summary report suggests some early efficiencies have been observed, but the consensus from interviews was that it is too early to determine if substantial increased efficiencies and timeliness will result from the program. Some individuals indicated that over time the program should result in increased efficiencies and timeliness. Through interviews, the Audit Team learned that data for performance measures are being collected and presented quarterly to DOT&PF management for use in decisionmaking. Also, that DOT&PF believes the existing performance measures are comprehensive and adequate. The DOT&PF leadership said that performances measures will be evaluated annually to determine if adjustment is needed. Legal Sufficiency Interviews with both staff and management attorneys emphasized the legal sufficiency review process emulated FHWA’s ‘‘early legal involvement’’ concept, i.e., bringing a lawyer onto the reviewing team at an early stage in project development. We learned that DOT&PF staff do not need to go through management to talk to an attorney, but may call or email at any time (and, with regard to EAs, have done so under NEPA Assignment). Management noted specific review steps are to take place at the both draft and final stages for assigned EISs and Individual Section 4(f) Evaluations. At this time, the Alaska Department of Law (DOL) expressed no intention of expanding the number of staff attorneys assigned to document review; however, it has a contingency plan should workload increase significantly in future. Specifically, should DOT&PF be sued over an assigned project, DOL tentatively intends to contract with outside counsel (per 23 U.S.C. 327(a)(2)(G)) to handle the litigation rather than make a single staff attorney divide his time between document review and defending the case. The Transportation Section attorney would act as support counsel to the litigators in a manner similar to the way FHWA counsel provide litigation support to the U.S. Department of Justice when it defends FHWA’s environmental decisions in court. (MOU Section 6.1.1) [FR Doc. 2019–01061 Filed 2–4–19; 8:45 am] BILLING CODE 4910–22–P PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA–2019–0001] Establishment of an Emergency Relief Docket for Calendar Year 2019 Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Notice of establishment of public docket. AGENCY: This Notice announces the establishment of FRA’s emergency relief docket (ERD) for calendar year 2019. The designated ERD for calendar year 2019 is docket number FRA–2019–0001. ADDRESSES: See SUPPLEMENTARY INFORMATION section for further information regarding submitting petitions and/or comments to Docket No. FRA–2019–0001. SUPPLEMENTARY INFORMATION: On May 19, 2009, FRA published a direct final rule establishing ERDs and the procedures for handling petitions for emergency waivers of safety rules, regulations, or standards during an emergency situation or event. 74 FR 23329. That direct final rule became effective on July 20, 2009 and made minor modifications to 49 CFR 211.45 in FRA’s Rules of Practice in 49 CFR part 211. Section 211.45(b) provides that each calendar year FRA will establish an ERD in the publicly accessible DOT docket system (available at www.regulations.gov). Section 211.45(b) further provides that FRA will publish a notice in the Federal Register identifying by docket number the ERD for that year. FRA established the ERD and emergency waiver procedures to provide an expedited process for FRA to address the needs of the public and the railroad industry during emergency situations or events. This Notice announces the designated ERD for calendar year 2019 is docket number FRA–2019–0001. As detailed in § 211.45, if the FRA Administrator determines an emergency event as defined in 49 CFR 211.45(a) has occurred, or that an imminent threat of such an emergency occurring exists, and public safety would benefit from providing the railroad industry with operational relief, the emergency waiver procedures of 49 CFR 211.45 will go into effect. In such an event, the FRA Administrator will issue a statement in the ERD indicating the emergency waiver procedures are in effect and FRA will make every effort to post the statement on its website at www.fra.dot.gov. Any party desiring SUMMARY: E:\FR\FM\05FEN1.SGM 05FEN1 Federal Register / Vol. 84, No. 24 / Tuesday, February 5, 2019 / Notices relief from FRA regulatory requirements as a result of the emergency should submit a petition for emergency waiver under 49 CFR 211.45(e) and (f). Specific instructions for filing petitions for emergency waivers under 49 CFR 211.45 are found at 49 CFR 211.45(f). Specific instructions for filing comments in response to petitions for emergency waivers are at 49 CFR 211.45(h). Privacy Anyone can search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the comment (or signing the document, if submitted on behalf of an association, business, labor union, etc.). Under 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its processes. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at www.transportation.gov/ privacy. See also www.regulations.gov/ privacyNotice for the privacy notice of regulations.gov. Issued in Washington, DC. Robert C. Lauby, Associate Administrator for Railroad Safety, Chief Safety Officer. [FR Doc. 2019–01036 Filed 2–4–19; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2018–0075] Paperwork Reduction Act 30-Day Notice; Request for Comments National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Notice and request for comments on an extension of a previously-approved information collection. AGENCY: In compliance with the Paperwork Reduction Act of 1995, this notice announces that the Information Collection Request (ICR) abstracted below is being forwarded to the Office of Management and Budget (OMB) for review, and requests comments on the ICR. A Federal Register Notice with a 60-day comment period soliciting comments on the following information collection was published on July 23, 2018. NHTSA received three comments SUMMARY: VerDate Sep<11>2014 17:22 Feb 04, 2019 Jkt 247001 on the 60-day notice. One supported the information collection, another addressed an issue unrelated to information collection, and a third stated that the research is a waste of money without providing any support for the statement. NHTSA has concluded that it is not necessary to make any changes to the information collection based on those comments. DATES: Comments must be submitted on or before March 7, 2019. ADDRESSES: Send comments regarding the burden estimate, including suggestions for reducing the burden, to the Office of Management and Budget, Attention: Desk Officer for the Office of the Secretary of Transportation, 725– 17th Street NW, Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: For additional information or access to background documents, contact Timothy M. Pickrell, NHTSA, 1200 New Jersey Avenue SE, W55–320, NSA–210, Washington, DC 20590. Mr. Pickrell’s telephone number is (202) 366–2903. Please identify the relevant collection of information by referring to its OMB Control Number. SUPPLEMENTARY INFORMATION: Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). In compliance with these requirements, this notice announces that the following information collection request has been forwarded to OMB. A Federal Register notice with a 60day comment period soliciting comments on the information collection was published on July 23, 2018 (83 FR 34912). NHTSA received three comments on the 60-day notice. Consumer Reports supported the information collection. Of the other two comments, one addressed a subject other than the subject of the information collection, and therefore was not relevant, and the other stated that the research is a waste of money but did not provide support for that view. NHTSA has concluded that it is not necessary to make any changes to the information collection based on those comments. Title: The National Survey of the Use of Booster Seats. OMB Control Number: 2127–0644. Affected Public: Motorists in passenger vehicles at gas stations, fast food restaurants, and other types of sites frequented by children during the time in which the survey is conducted. Form Number: NHTSA Form 1010. Abstract: NHTSA began conducting the National Survey of the Use of Booster Seats to respond to Section 14(i) of the Transportation Recall PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 1819 Enhancement, Accountability, and Documentation (TREAD) Act of 2000. Section 14(i), ‘‘Booster seat education program,’’ directed the Department of Transportation to develop a 5-year plan to reduce deaths and injuries caused by failure to use an appropriate booster seat among children in the 4- to 8-year old age group by twenty-five percent. Conducting the National Survey of the Use of Booster Seats provided the Department with invaluable information on use and non-use of booster seats, helping the Department to improve its booster seat outreach programs. NHTSA has continued the survey to obtain current data on booster seat use, to ensure that children ages 4 to 8 are protected to the greatest extent possible when they ride in motor vehicles. NHTSA also seeks to collect information about child restraint use by children of other ages. The OMB approval for the survey is scheduled to expire on May 31, 2019. NHTSA seeks an extension of this approval to obtain this important survey data. With up-to-date data of consumers’ use and non-use of booster seats and other child restraint systems, the agency will be better able to maximize the effectiveness of its outreach and consumer education programs in increasing correct booster and other child restraint use, and save more children from death and injury. Estimated Total Annual Burden Hours: 340 hours. Estimated Number of Respondents: Approximately 4,800 adult motorists in passenger vehicles at gas stations, fast food restaurants, and other types of sites frequented by children during the time in which the survey is conducted. Public Comments Invited: You are asked to comment on any aspect of this information collection, including (a) Whether the proposed collection of information is necessary for the Department’s performance; (b) the accuracy of the estimated burden; (c) ways for the Department to enhance the quality, utility and clarity of the information collection; and (d) ways that the burden could be minimized without reducing the quality of the collected information. Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended; and 49 CFR 1.95. Cem Hatipoglu, Acting Associate Administrator for the National Center for Statistics and Analysis. [FR Doc. 2019–01057 Filed 2–4–19; 8:45 am] BILLING CODE 4910–59–P E:\FR\FM\05FEN1.SGM 05FEN1

Agencies

[Federal Register Volume 84, Number 24 (Tuesday, February 5, 2019)]
[Notices]
[Pages 1818-1819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01036]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2019-0001]


Establishment of an Emergency Relief Docket for Calendar Year 
2019

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Notice of establishment of public docket.

-----------------------------------------------------------------------

SUMMARY: This Notice announces the establishment of FRA's emergency 
relief docket (ERD) for calendar year 2019. The designated ERD for 
calendar year 2019 is docket number FRA-2019-0001.

ADDRESSES: See SUPPLEMENTARY INFORMATION section for further 
information regarding submitting petitions and/or comments to Docket 
No. FRA-2019-0001.

SUPPLEMENTARY INFORMATION: On May 19, 2009, FRA published a direct 
final rule establishing ERDs and the procedures for handling petitions 
for emergency waivers of safety rules, regulations, or standards during 
an emergency situation or event. 74 FR 23329. That direct final rule 
became effective on July 20, 2009 and made minor modifications to 49 
CFR 211.45 in FRA's Rules of Practice in 49 CFR part 211. Section 
211.45(b) provides that each calendar year FRA will establish an ERD in 
the publicly accessible DOT docket system (available at 
www.regulations.gov). Section 211.45(b) further provides that FRA will 
publish a notice in the Federal Register identifying by docket number 
the ERD for that year. FRA established the ERD and emergency waiver 
procedures to provide an expedited process for FRA to address the needs 
of the public and the railroad industry during emergency situations or 
events. This Notice announces the designated ERD for calendar year 2019 
is docket number FRA-2019-0001.
    As detailed in Sec.  211.45, if the FRA Administrator determines an 
emergency event as defined in 49 CFR 211.45(a) has occurred, or that an 
imminent threat of such an emergency occurring exists, and public 
safety would benefit from providing the railroad industry with 
operational relief, the emergency waiver procedures of 49 CFR 211.45 
will go into effect. In such an event, the FRA Administrator will issue 
a statement in the ERD indicating the emergency waiver procedures are 
in effect and FRA will make every effort to post the statement on its 
website at www.fra.dot.gov. Any party desiring

[[Page 1819]]

relief from FRA regulatory requirements as a result of the emergency 
should submit a petition for emergency waiver under 49 CFR 211.45(e) 
and (f). Specific instructions for filing petitions for emergency 
waivers under 49 CFR 211.45 are found at 49 CFR 211.45(f). Specific 
instructions for filing comments in response to petitions for emergency 
waivers are at 49 CFR 211.45(h).

Privacy

    Anyone can search the electronic form of any written communications 
and comments received into any of our dockets by the name of the 
individual submitting the comment (or signing the document, if 
submitted on behalf of an association, business, labor union, etc.). 
Under 5 U.S.C. 553(c), DOT solicits comments from the public to better 
inform its processes. DOT posts these comments, without edit, including 
any personal information the commenter provides, to 
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at www.transportation.gov/privacy. 
See also www.regulations.gov/privacyNotice for the privacy notice of 
regulations.gov.

    Issued in Washington, DC.
Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2019-01036 Filed 2-4-19; 8:45 am]
 BILLING CODE 4910-06-P