[Federal Register Volume 88, Number 8 (Thursday, January 12, 2023)]
[Notices]
[Pages 2166-2167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00459]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket FTA-2023-0001]


Notice of Establishment of Emergency Relief Docket for Calendar 
Year 2023

AGENCY: Federal Transit Administration (FTA), Department of 
Transportation (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 2023, so 
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, or 
email, [email protected].

SUPPLEMENTARY INFORMATION: Pursuant to 49 CFR 601.42, FTA is 
establishing the Emergency Relief Docket for calendar year 2023. 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.transit.dot.gov) indicating that 
the Emergency Relief Docket has been opened and including the docket 
number.

[[Page 2167]]

    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-2023-0001.
    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-2023-0001). 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 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.
    Pursuant to 49 CFR 601.42, 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-2023-0001;
    (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.
    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 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. Further, grantees seeking a waiver from Buy America 
requirements must follow the procedures in 49 CFR 661.7 and 661.9. 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 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.
    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. Grantees and subgrantees 
should refer to FTA's regulations, including 49 CFR part 601, for 
requirements for submitting a request for emergency relief.

Nuria I. Fernandez,
Administrator.
[FR Doc. 2023-00459 Filed 1-11-23; 8:45 am]
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