[Federal Register Volume 86, Number 3 (Wednesday, January 6, 2021)]
[Notices]
[Pages 702-704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-29252]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket FTA-2021-0001]


Notice of Establishment of Emergency Relief Docket for Calendar 
Year 2021

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 2021, so that 
grant

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recipients and sub-recipients 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 2021. In the case of a national or regional 
emergency or disaster, or in anticipation of such an event, when FTA 
requirements impede a recipient or sub-recipient's ability to respond 
to the emergency or disaster, a recipient or sub-recipient 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 recipient or sub-recipient submitting 
petitions for relief or comments to the docket must include the agency 
name (Federal Transit Administration) and docket number FTA-2021-0001.
    Interested parties may consult 49 CFR part 601, subpart D for 
information on FTA's emergency procedures for public transportation 
systems. FTA strongly encourages recipients and sub-recipients to 
contact their FTA regional office and notify FTA of the intent to 
submit a petition to the docket.
    A recipient or sub-recipient seeking relief has three avenues for 
submitting a petition. First, a recipient or sub-recipient may submit a 
petition for waiver of FTA requirements to www.regulations.gov, for 
posting in the docket (FTA-2021-0001). Alternatively, a recipient or 
sub-recipient 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 recipient or sub-recipient needs to request immediate 
relief and does not have access to electronic means to request that 
relief, the recipient or sub-recipient 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 recipient or sub-recipient 
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 recipient or 
sub-recipient demonstrates that the requirement(s) will limit a 
recipient's or sub-recipient's ability to respond to a national or 
regional emergency or disaster.
    Pursuant to 49 CFR 601.42, a recipient or sub-recipient 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-2021-0001;
    (b) Identify the recipient or sub-recipient 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 recipient or sub-recipient 
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 recipient's 
or sub-recipient'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 recipient or sub-recipient 
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 recipient or sub-recipient 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. Further, recipients seeking a waiver from Buy America 
requirements must follow the procedures in 49 CFR part 661. Buy America 
waivers will not be granted through the Emergency Relief Docket.
    An FTA decision, 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 recipient or sub-recipient upon denial of a request for 
relief. FTA shall notify the recipient or sub-recipient if FTA plans to 
reconsider a decision.
    Pursuant to FTA's Charter Rule at 49 CFR 604.2(f), recipients and 
sub-recipients 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 recipient will continue to provide service that 
would otherwise be

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considered charter service, the recipient or sub-recipient 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. Recipients and sub-
recipients should refer to FTA's regulations, including 49 CFR part 
601, for requirements for submitting a request for emergency relief.

    Issued in Washington, DC.
K. Jane Williams,
Deputy Administrator.
[FR Doc. 2020-29252 Filed 1-5-21; 8:45 am]
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