[Federal Register Volume 81, Number 7 (Tuesday, January 12, 2016)]
[Notices]
[Pages 1478-1479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00422]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket FTA-2016-0001]


Notice of Establishment of Emergency Relief Docket for Calendar 
Year 2016

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 2016 so 
grantees and subgrantees affected by national or regional emergencies 
may request temporary relief from FTA administrative and statutory 
requirements.

FOR FURTHER INFORMATION CONTACT: Bonnie L. Graves, Assistant Chief 
Counsel for Legislation and Regulations, Office of Chief Counsel, 
Federal Transit Administration, 1200 New Jersey Ave. SE., Room E56-306, 
Washington, DC 20590, phone: (202) 366-4011, fax: (202) 366-3809, or 
email, [email protected].

SUPPLEMENTARY INFORMATION: Pursuant to title 49 CFR part 601, subpart 
D, FTA is establishing the Emergency Relief Docket for calendar year 
2016. Subsequent to an emergency or major disaster, the docket may be 
opened at the request of a grantee or subgrantee, or on the 
Administrator's own initiative.
    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) 366-4011; via fax, 
at (202) 366-3472, or via email, to [email protected], requesting 
opening of the Docket for that emergency and including the information 
set forth below.
    Section 5324(d) of title 49, U.S.C. 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 statutory, as well as administrative, requirements. 
Therefore, grantees affected by an emergency or major disaster may 
request waivers of provisions of chapter 53 of title 49, U.S.C. when a 
grantee or subgrantee demonstrates the requirement(s) will limit a 
grantee's or subgrantee's ability to respond to an emergency. Grantees 
must follow the procedures set forth below when requesting a waiver of 
statutory or administrative requirements.
    All petitions for relief from a provision of chapter 53 of title 
49, U.S.C. or FTA administrative 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. 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-2016-0001. Grantees and 
subgrantees making submissions to the docket by mail or hand delivery 
should submit two copies. Grantees and subgrantees are strongly 
encouraged to contact their FTA regional office and notify FTA of the 
intent to submit a petition to the docket.
    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) Identify the section of chapter 53 of title 49, U.S.C., or the 
FTA policy statement, circular, guidance document and/or rule from 
which the grantee or subgrantee seeks relief;
    (c) Specifically address how a requirement in chapter 53 of title 
49 U.S.C., 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 an emergency or disaster; and
    (d) Specify if the petition for relief is one-time or ongoing, and 
if ongoing identify the time period for which the

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relief is requested. The time period may 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.
    A petition for relief from statutory requirements will not be 
conditionally granted and requires a written decision from the FTA 
Administrator.
    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.

Therese McMillan,
Acting Administrator.
[FR Doc. 2016-00422 Filed 1-11-16; 8:45 am]
BILLING CODE 4910-57-P