[Federal Register Volume 74, Number 11 (Friday, January 16, 2009)]
[Notices]
[Pages 3131-3132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-858]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket FTA-2009-0001]


Notice of Establishment of Emergency Relief Docket for Calendar 
Year 2009

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice.

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SUMMARY: As provided in 49 CFR Part 601, Subpart D, (72 FR 910, Jan. 9, 
2007), the Federal Transit Administration (FTA) must, by January 31 of 
each year, establish an Emergency Relief Docket so grantees and 
subgrantees affected by national or regional emergencies may request 
relief from FTA administrative requirements set forth in FTA policy 
statements, circulars, guidance documents, and regulations. By this 
notice, FTA is establishing an Emergency Relief Docket for calendar 
year 2009.

FOR FURTHER INFORMATION CONTACT: Bonnie L. Graves, Attorney-Advisor, 
Legislation and Regulations Division, Office of Chief Counsel, Federal 
Transit Administration, 1200 New Jersey Ave., SE., Room E56-303, 
Washington, DC 20590, phone: (202) 366-4011, fax: (202) 366-3809, or e-
mail, [email protected].

SUPPLEMENTARY INFORMATION: The Administrator in his/her sole discretion 
shall determine the need for opening the Emergency Relief Docket. It 
may be opened at the request of a grantee or subgrantee, or on the 
Administrator's own initiative. When the Emergency Relief Docket is 
opened, FTA will post a notice on its Web site, at http://www.fta.dot.gov. In addition, a notice will be posted in the docket.
    In the event a grantee or subgrantee believes the Emergency Relief 
Docket should be opened and it has not been opened, that grantee or 
subgrantee may submit a petition in duplicate to the Administrator, via 
U.S. mail, to: Federal Transit Administration, 1200 New Jersey Ave., 
SE., Washington, DC 20590; via telephone, at: (202) 366-4043; or via 
fax, at: (202) 366-3472, requesting opening of the Docket for that 
emergency and including the information set forth below.
    All petitions for relief from administrative requirements must be 
posted in the docket in order to receive consideration by FTA. The 
docket is publicly accessible and can be accessed 24 hours a day, seven 
days a week, via the Internet at http://www.regulations.gov. Petitions 
may also be submitted by U.S. mail or by hand delivery to the DOT 
Docket Management Facility, 1200 New Jersey Ave., SE., Room W12-140, 
Washington, DC 20590. 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-2009-0001. 
Grantees and subgrantees making submissions to the docket by mail or 
hand delivery should submit two copies.
    In the event 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.
    A petition for relief shall:
    (a) Identify the grantee or subgrantee and its geographic location;
    (b) Specifically address how an FTA requirement in a policy 
statement, circular, or agency guidance will limit a grantee's or 
subgrantee's ability to respond to an emergency or disaster;
    (c) Identify the policy statement, circular, guidance document and/
or rule from which the grantee or subgrantee seeks relief; and
    (d) 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

[[Page 3132]]

not exceed three months; however, additional time may be requested 
through a second petition for relief.
    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 thereto. FTA may contact the grantee or 
subgrantee that submitted the request 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 the 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.
    Pursuant to section 604.2(f) of FTA's charter rule (73 FR 2325, 
Jan. 14, 2008), 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, the grantee or subgrantee shall 
follow the procedures set out in this notice.
    FTA reserves the right to reopen any docket and 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 it plans to reconsider a decision. FTA 
decision letters, 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.

    Issued in Washington, DC, this 9th day of January, 2009.
Severn E.S. Miller,
FTA Chief Counsel.
 [FR Doc. E9-858 Filed 1-15-09; 8:45 am]
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