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6806 Federal Register / Vol. 72, No.

29 / Tuesday, February 13, 2007 / Notices

DEPARTMENT OF TRANSPORTATION requests for informal hearings, the petitions and/or comments to Docket
agency has not collected sufficient data No. FRA–2007–27059.
Federal Motor Carrier Safety to evaluate and refine this new process. SUPPLEMENTARY INFORMATION: On August
Administration Therefore, FMCSA has decided to 30, 2006, FRA published an IFR
expand the informal hearing process to addressing the establishment of ERD
Phased Implementation of Informal States in one additional Service Center and the procedures for handling
Hearing Process to allow for continued evaluation of the petitions for emergency waivers of
AGENCY: Federal Motor Carrier Safety process. safety rules, regulations, or standards
Administration, DOT. At this time, FMCSA is expanding use during an emergency situation or event.
ACTION: Notice.
of the informal hearing process to States 71 FR 51517. As noted in the IFR, FRA’s
included in the FMCSA Eastern Service purpose for establishing the ERD and
SUMMARY: The FMCSA is continuing a Center geographic area. This area emergency waiver procedures is to
phased implementation of a new encompasses the States of Connecticut, provide an expedited process for FRA to
provision related to informal hearings in Delaware, Maine, Maryland, address the needs of the public and the
the 49 CFR part 386 Rules of Practice. Massachusetts, New Hampshire, New railroad industry during emergency
On March 17, 2006, this alternative was Jersey, New York, Pennsylvania, Rhode situations or events. The IFR added
implemented in States included in the Island, Vermont, Virginia, West § 211.45 to Subpart C of 49 CFR part 211
Midwest Service Center geographic area. Virginia, the District of Columbia and (49 CFR 211.45). Section 211.45(b)
Beginning on February 13, 2007 this Puerto Rico. This second phase of provides that each calendar year FRA
alternative is being expanded to States implementation begins on February 13, will establish an ERD in the publicly
included in the Eastern Service Center 2007. FMCSA will publish any accessible DOT Document Management
geographic area. subsequent notices of implementation System (DMS) and that FRA will
DATES: The first phase began on March in the Federal Register. publish a notice in the Federal Register
17, 2006. The second phase will begin When an informal hearing request is identifying by docket number the ERD
on February 13, 2007. granted, the hearing officer will provide for that year. This Notice No. 1
SUPPLEMENTARY INFORMATION: The written information to each respondent announces that the designated ERD for
Federal Motor Carrier Safety about the procedures that will govern calendar year 2007 is docket number
Administration’s (FMCSA) final rule the hearing. FRA–2007–27059.
revising 49 CFR part 386, ‘‘Rules of Issued on: February 6, 2007. As detailed in the IFR, if the FRA
Practice for Motor Carrier, Broker, John H. Hill, Administrator determines that an
Freight Forwarder, and Hazardous Administrator. emergency event as defined in 49 CFR
Materials Proceedings’’ (Rules of [FR Doc. E7–2457 Filed 2–12–07; 8:45 am] 211.45(a) has occurred, or that an
Practice), published on May 18, 2005, BILLING CODE 4910–EX–P
imminent threat of such an emergency
(70 FR 28467) became effective on occurring exists, and public safety
November 14, 2005. As revised, the would benefit from providing the
Rules of Practice permit a respondent in DEPARTMENT OF TRANSPORTATION railroad industry with operational relief,
a civil penalty proceeding to request an the emergency waiver procedures of 49
informal hearing as an alternative to Federal Railroad Administration CFR 211.45 will go into effect. 70 FR
either a request for a formal hearing or 51518. In such an event, the FRA
[Docket No. FRA–2007–27059, Notice No.
a request to submit written evidence 1]
Administrator will issue a statement in
without a hearing. The Rules of Practice, the ERD indicating that the emergency
however, do not prescribe specific Establishment of an Emergency Relief waiver procedures are in effect and FRA
procedures for conducting informal Docket for Calendar Year 2007 will make every effort to post the
hearings. statement on its Web site http://
As the informal hearing process is a AGENCY: Federal Railroad In addition, FRA will
new alternative for motor carriers, Administration (FRA), DOT. publish a notice in the Federal Register
FMCSA is implementing this alternative ACTION: Notice of establishment of alerting interested parties that the
in phases to allow FMCSA time to public docket. emergency waiver procedures will be
evaluate and refine how the informal utilized. Any party desiring relief from
hearing process is conducted. SUMMARY: On August 30, 2006, FRA FRA regulatory requirements as a result
The informal hearing process was published an Interim Final Rule (IFR) of the emergency situation should
initially implemented on March 17, addressing the establishment of submit a petition for emergency waiver
2006, (71 FR 13894) in the States served emergency relief dockets (ERD) and the in accordance with 49 CFR 211.45(e)
by the Midwest Service Center. FMCSA procedures for handling petitions for and (f). Specific instructions for filing
only considered requests for an informal emergency waivers of safety regulations. petitions for emergency waivers in
hearing from respondents with a 71 FR 51517. The IFR provided that accordance with 49 CFR 211.45 are
principal place of business within States each year, FRA will establish an ERD for found at 49 CFR 211.45(f). Specific
included in the FMCSA Midwest that year and publish a notice in the instructions for filing comments in
Service Center’s geographic area. That Federal Register identifying the docket response to petitions for emergency
area encompasses the States of Illinois, number of the ERD for that year. This waivers are found at 49 CFR 211.45(h).
Indiana, Iowa, Kansas, Michigan, Notice announces the establishment of
FRA’s ERD for the current year Privacy
Minnesota, Missouri, Nebraska, Ohio
and Wisconsin. (calendar year 2007). The designated Anyone is able to search all comments
jlentini on PROD1PC65 with NOTICES

The agency intended to expand ERD for calendar year 2007 is docket received into any of our dockets by the
implementation of the informal hearing number FRA–2007–27059. name of the individual submitting the
process nationwide within a year of the ADDRESSES: See Supplementary comment (or signing the comment, if
effective date of the Rules of Practice. Information section for further submitted on behalf of an association,
However, due to the limited number of information regarding submitting business, labor union, etc.). You may

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