[Federal Register Volume 84, Number 45 (Thursday, March 7, 2019)]
[Notices]
[Pages 8392-8393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04110]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket FTA-2019-0001]


Notice of Establishment of Emergency Relief Docket for Calendar 
Year 2019

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 2019, 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 2019. 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.fta.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-2019-0001.
    Interested parties may consult 49 CFR part 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-2019-0001). 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

[[Page 8393]]

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.
    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-2019-0001;
    (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.
    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 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.

    Issued in Washington, DC.
K. Jane Williams,
Acting Administrator.
[FR Doc. 2019-04110 Filed 3-6-19; 8:45 am]
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