[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)]
[Notices]
[Pages 6691-6692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01172]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket FTA-2017-0001]


Notice of Establishment of Emergency Relief Docket for Calendar 
Year 2017

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 2017 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, 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 title 49 CFR part 601, subpart 
D, FTA is establishing the Emergency Relief Docket for calendar year 
2017. Subsequent to an emergency or major disaster, the docket may be 
opened at the request of a grantee or subgrantee, or on the FTA 
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 to www.regulations.gov for posting in 
the docket (FTA-2017-0001). Alternatively, a grantee or subgrantee may 
submit a petition in duplicate to the FTA Administrator, via U.S. mail 
or hand delivery, to: Federal Transit Administration, 1200 New Jersey 
Ave. SE., Washington, DC 20590; via telephone, at: (202) 366-4011; via 
fax, at (202) 366-3472; 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, requesting 
opening of the Docket for that emergency and including the information 
set forth below.
    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. 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-
2017-0001. Grantees and subgrantees making submissions to FTA or 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.
    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 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.
    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 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 49 CFR 604.2(f) of FTA's Charter Rule, 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,

[[Page 6692]]

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.

Carolyn Flowers,
Acting Administrator.
[FR Doc. 2017-01172 Filed 1-18-17; 8:45 am]
 BILLING CODE P