Emergency Cover Letter

U.S. Department
of Transportation

Administrator

1200 New Jersey Avenue, SE

Washington, DC 20590

Federal Railroad

Administration

NOV -7 2008
The Honorable Susan E. Dudley
Office of Management and Budget
Administrator, Office of Information and Regulatory Affairs
725 17th Street NW
Washington, DC 20503
Dear Ms. Dudley:
The Federal Railroad Administration (FRA) is publishing a notice in today's Federal Register
(73 FR 6609) that spells out the agency's emergency request for Office of Management and
Budget (OMB) clearance of the collection of information titled, "Notice of Funds
Availability and Solicitation of Applications for Grants Under the Railroad Rehabilitation
and Repair Grant Program," which is also being published in today's Federal Register (73 FR
66096). FRA asks for emergency clearance for the proposed collection of information for
the reasons stated below.
First, the program for which this Information Collection Request (ICR) is being
submitted is a new program established by Congress as part of the Consolidated Security,
Disaster Assistance, and Continuing Appropriations Act, 2009 (Public Law 110-329;
September 30,2008). Because ofthe nature of these funds ($20 million allocated), current
economic conditions, and the various States' need for immediate assistance to improve vital
transportation pathways by rehabilitating and repairing Class II and Class III railroad
infrastructure damaged by recent natural disasters (hurricanes, floods, and other natural
disasters) and the important role these sectors of transportation play in the overall national
economy, it would be impossible for FRA to go through normal clearance procedures
without great public harm resulting. Moreover, the Congress created this new program in a
Continuing Resolution Appropriations Act (rather than through the normal legislative
process) because it was urgent that affected railroads and surrounding communities damaged
by natural disasters receive these funds immediately. The emergency clearance will allow
FRA to fulfill Congress' intent concerning this greatly needed economic program.
Second, there has been a high level of interest expressed in discussions with FRA staff that
the agency move quickly to make awards under this new program. FRA has been contacted
by several State departments of transportation inquiring about the status of this new program
and requesting that the application and award process begin at the earliest possible date.
Only through the granting of emergency clearance will FRA be able to act in a timely manner

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to assist States and affected communities, thereby meeting the demands of the stakeholders in
this program. It should be noted that the grant funding will be open for a short period of time
(until January 16,2009, or the date on which all funds have been committed) with the funds
expected to be obligated soon.
Forthe reasons stated above, FRA requests a waiver of the normal clearance procedures
specified in the Paperwork Reduction Act of 1995 and Title 5 Code of Federal Regulations
Part 1320. FRA cannot reasonably comply with these normal procedures without
considerable economic harm redounding to affected States and Class II and Class III
railroads. In these States, railroad rights-of-way, bridges, signals, and other infrastructure
damaged by hurricanes, floods, and other natural disasters need immediate rehabilitation and
repair. In order to accomplish this goal, States must have the $20 million provided by the
Congress for that purpose, and FRA must have the necessary means to evaluate applications
so it can properly direct these critical resources. Therefore, FRA respectfully requests that
OMB grant emergency clearance for the proposed ICR by Friday November 21, 2008, for
the maximum period of 180 days, so that FRA can implement this vitally important
congressional program.