Establishment of an Emergency Relief Docket for Calendar Year 2021, 1573 [2021-00142]
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Federal Register / Vol. 86, No. 5 / Friday, January 8, 2021 / Notices
exemption process, on the
transportation merits of a project
presenting serious questions like those
raised here without more thoroughly
evaluating those issues. The record in
this proceeding on the overall financial
viability of the project is significantly
underdeveloped. Neither I nor the Board
majority should be required to rely on
reports in the media, which I have
highlighted above, or on feasibility
studies with all relevant data redacted,
to make such an important decision on
whether to approve construction of a
rail line costing over a billion dollars
through an environmentally sensitive
area.
Rather than determining at this time
that the Coalition’s petition is ripe for
decision, even preliminarily and
piecemeal, the Board should require the
Coalition to submit a complete and
unredacted version of the R.L. Banks
study, should insist that the Coalition
elaborate on the projected demand for
Uinta Basin oil in light of the global oil
demand issues that have arisen since
that study was completed, as discussed
above, and should obtain more detail
from the Coalition and DHIP Group on
the reality of obtaining the necessary
financing for the project, with or
without obligating public funds, along
with considering further input on these
issues from the objectors.
I therefore find it premature for the
Board to issue the decision the majority
issues today. Though the Decision states
that it ‘‘does not prejudge the Board’s
final decision, nor diminish the
agency’s environmental review process
concerning the proposed line’s
construction,’’ Decision 10,
nevertheless, the far more prudent
course of action for the Board here
would be to defer any decision on
whether an exemption is warranted and
on the overall transportation merits
until the environmental review process
is complete and until the Coalition
submits more persuasive evidence on
the financial viability of the entire
project.
I respectfully dissent.
Jeffrey Herzig,
Clearance Clerk.
tkelley on DSKBCP9HB2PROD with NOTICES
[FR Doc. 2021–00175 Filed 1–7–21; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2021–0001]
Establishment of an Emergency Relief
Docket for Calendar Year 2021
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 2021.
The designated ERD for calendar year
2021 is docket number FRA–2021–0001.
ADDRESSES: See SUPPLEMENTARY
INFORMATION section for further
information regarding submitting
petitions and/or comments to docket
number FRA–2021–0001.
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 2021 is docket number
FRA–2021–0001.
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.1 In such an event, the FRA
SUMMARY:
1 Given the ongoing nature of the coronavirus
disease 2019 (COVID–19) public health emergency,
FRA considers the FRA Administrator’s March 13,
2020, emergency declaration in docket number
FRA–2020–0002 to be in effect until it is
specifically rescinded by the Administrator. See
https://www.regulations.gov/document?D=FRA-
VerDate Sep<11>2014
21:23 Jan 07, 2021
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1573
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
railroads.dot.gov. Any party desiring
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.
John Karl Alexy,
Associate Administrator for Railroad Safety
Chief Safety Officer.
[FR Doc. 2021–00142 Filed 1–7–21; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–1999–6439, Notice No. 27]
Adjustment of Nationwide Significant
Risk Threshold
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of adjustment of
Nationwide Significant Risk Threshold.
AGENCY:
FRA is updating the
Nationwide Significant Risk Threshold
(NSRT) for purposes of FRA’s regulation
on the Use of Locomotive Horns at
Public Highway-Rail Grade Crossings.
This action is needed to ensure the
SUMMARY:
2020-0002-0002. However, any new requests for
relief related to COVID–19 should be submitted to
the 2021 ERD (FRA–2021–0001).
E:\FR\FM\08JAN1.SGM
08JAN1
Agencies
[Federal Register Volume 86, Number 5 (Friday, January 8, 2021)]
[Notices]
[Page 1573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00142]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA-2021-0001]
Establishment of an Emergency Relief Docket for Calendar Year
2021
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 2021. The designated ERD for
calendar year 2021 is docket number FRA-2021-0001.
ADDRESSES: See Supplementary Information section for further
information regarding submitting petitions and/or comments to docket
number FRA-2021-0001.
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 2021
is docket number FRA-2021-0001.
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.\1\ 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 railroads.dot.gov. Any party desiring 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).
---------------------------------------------------------------------------
\1\ Given the ongoing nature of the coronavirus disease 2019
(COVID-19) public health emergency, FRA considers the FRA
Administrator's March 13, 2020, emergency declaration in docket
number FRA-2020-0002 to be in effect until it is specifically
rescinded by the Administrator. See https://www.regulations.gov/document?D=FRA-2020-0002-0002. However, any new requests for relief
related to COVID-19 should be submitted to the 2021 ERD (FRA-2021-
0001).
---------------------------------------------------------------------------
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.
John Karl Alexy,
Associate Administrator for Railroad Safety Chief Safety Officer.
[FR Doc. 2021-00142 Filed 1-7-21; 8:45 am]
BILLING CODE 4910-06-P