Notice of Establishment of Emergency Relief Docket for Calendar Year 2020
| Published date | 15 January 2020 |
| Citation | 85 FR 2490 |
| Record Number | 2020-00539 |
| Section | Notices |
| Court | Federal Transit Administration |
Federal Register, Volume 85 Issue 10 (Wednesday, January 15, 2020)
[Federal Register Volume 85, Number 10 (Wednesday, January 15, 2020)]
[Notices]
[Pages 2490-2491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00539]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket FTA-2020-0001]
Notice of Establishment of Emergency Relief Docket for Calendar
Year 2020
AGENCY: Federal Transit Administration (FTA), DOT.
ACTION: Notice.
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SUMMARY: By this notice, the Federal Transit Administration (FTA) is
establishing an Emergency Relief Docket for calendar year 2020, so that
grantees and subgrantees affected by a national or regional emergency
or disaster may request temporary relief from FTA administrative and
statutory requirements.
FOR FURTHER INFORMATION CONTACT: Bonnie L. Graves, Attorney-Advisor,
Office of Chief Counsel, Federal Transit Administration, 90 Seventh
Street, Ste. 15-300, San Francisco, CA 94103; phone: (202) 366-0944,
fax: (415) 734-9489, or email, [email protected].
SUPPLEMENTARY INFORMATION: Pursuant to 49 CFR 601.42, FTA is
establishing the Emergency Relief Docket for calendar year 2020. In the
case of a national or regional emergency or disaster, or in
anticipation of such an event, when FTA requirements impede a grantee
or subgrantee's ability to respond to the emergency or disaster, a
grantee or subgrantee may submit a request for relief from specific FTA
requirements.
If FTA determines that a national or regional emergency or disaster
has occurred, or in anticipation of such an event, FTA will place a
message on its web page (http://www.transit.dot.gov) indicating that
the Emergency Relief Docket has been opened and including the docket
number.
All petitions for relief from FTA administrative or statutory
requirements must be posted in the docket in order to receive
consideration by FTA. The docket is publicly available and can be
accessed 24 hours a day, seven days a week, via the internet at
www.regulations.gov. Any grantee or subgrantee submitting petitions for
relief or comments to the docket must include the agency name (Federal
Transit Administration) and docket number FTA-2020-0001.
Interested parties may consult 49 CFR 601, subpart D for
information on FTA's emergency procedures for public transportation
systems. FTA strongly encourages grantees and subgrantees to contact
their FTA regional office and notify FTA of the intent to submit a
petition to the docket.
A grantee or subgrantee seeking relief has three avenues for
submitting a petition. First, a grantee or subgrantee may submit a
petition for waiver of FTA requirements to www.regulations.gov, for
posting in the docket (FTA-2020-0001). Alternatively, a grantee or
subgrantee may submit a petition in duplicate (two copies) to the FTA
Administrator, via U.S. mail or hand delivery to Federal Transit
Administration, 1200 New Jersey Ave. SE, Washington, DC 20590; via fax
to (202) 366-3472; or via email to [email protected]; or via U.S.
mail or hand delivery to the DOT Docket Management Facility, 1200 New
Jersey Ave. SE, Room W12-140, Washington, DC 20590. Thirdly, in the
event that a grantee or subgrantee needs to request immediate relief
and does not have access to electronic means to request that relief,
the grantee or subgrantee may contact any FTA regional office or FTA
headquarters and request that FTA staff submit the petition on its
behalf.
Federal public transportation law at 49 U.S.C. 5324(d) provides
that a grant awarded under Section 5324, or under 49 U.S.C. 5307 or 49
U.S.C. 5311, that is made to address an emergency shall be subject to
the terms and conditions the Secretary determines are necessary. This
language allows FTA to waive certain statutory, as well as
administrative, requirements. An FTA grantee or subgrantee receiving
financial assistance under 49 U.S.C. 5324, 5307, or 5311 that is
affected by a national or regional emergency or disaster may request a
waiver of provisions of Chapter 53 of Title 49 of the United States
Code in connection with such financial assistance, when a grantee or
subgrantee demonstrates that the requirement(s) will limit a grantee's
or subgrantee's ability to respond to a national or regional emergency
or disaster.
Pursuant to 49 CFR 601.42, a grantee or subgrantee must include
certain information when requesting a waiver of statutory or
administrative requirements. A petition for relief shall:
(a) Include the agency name (Federal Transit Administration) and
docket number FTA-2020-0001;
(b) Identify the grantee or subgrantee and its geographic location;
(c) Identify the section of Chapter 53 of Title 49 of the United
States Code, or the portion of an FTA policy statement, circular,
guidance document or rule, from which the grantee or subgrantee seeks
relief;
(d) Specifically address how a requirement in Chapter 53 of Title
49 of the United States Code, or an FTA requirement in a policy
statement, circular, agency guidance or rule, will limit a grantee's or
subgrantee's ability to respond to a national or regional emergency or
disaster; and
(e) Specify if the petition for relief is one-time or ongoing, and
if ongoing identify the time period for which the relief is requested.
The time period may not exceed three months; however, additional time
may be requested through a second petition for relief.
Pursuant to 49 CFR 601.46, a petition for relief from
administrative requirements will be conditionally granted for a period
of three (3) business days from the date it is submitted to the
Emergency Relief Docket. FTA will review the petition after the
expiration of the three business days and review any comments submitted
regarding the petition. FTA may contact the grantee or subgrantee that
submitted the request
[[Page 2491]]
for relief, or any party that submits comments to the docket, to obtain
more information prior to making a decision. FTA shall then post a
decision to the Emergency Relief Docket. FTA's decision will be based
on whether the petition meets the criteria for use of these emergency
procedures, the substance of the request, and any comments submitted
regarding the petition. If FTA does not respond to the request for
relief to the docket within three business days, the grantee or
subgrantee may assume its petition is granted for a period not to
exceed three months until and unless FTA states otherwise.
A petition for relief from statutory requirements will not be
conditionally granted and requires a written decision from the FTA
Administrator.
An FTA decision letter, either granting or denying a petition,
shall be posted in the Emergency Relief Docket and shall reference the
document number of the petition to which it relates. FTA reserves the
right to reconsider any decision made pursuant to these emergency
procedures based upon its own initiative, based upon information or
comments received subsequent to the three business day comment period,
or at the request of a grantee or subgrantee upon denial of a request
for relief. FTA shall notify the grantee or subgrantee if FTA plans to
reconsider a decision.
Pursuant to FTA's Charter Rule at 49 CFR 604.2(f), grantees and
subgrantees may assist with evacuations or other movement of people
that might otherwise be considered charter transportation when that
transportation is in response to an emergency declared by the
President, governor or mayor, or in an emergency requiring immediate
action prior to a formal declaration, even if a formal declaration of
an emergency is not eventually made by the President, governor or
mayor. Therefore, a request for relief is not necessary in order to
provide this service. However, if the emergency lasts more than 45
calendar days and the grantee will continue to provide service that
would otherwise be considered charter service, the grantee or
subgrantee shall follow the procedures set out in this notice.
The contents of this document do not have the force and effect of
law and are not meant to bind the public in any way. This document is
intended only to provide clarity to the public regarding existing
requirements under the law or agency policies. Grantees and subgrantees
should refer to FTA's regulations, including 49 CFR 601, for
requirements for submitting a request for emergency relief.
Issued in Washington, DC.
K. Jane Williams,
Acting Administrator.
[FR Doc. 2020-00539 Filed 1-14-20; 8:45 am]
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