Notice2022-00115
Notice of Establishment of Emergency Relief Docket for Calendar Year 2022
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 7, 2022
Issuing agencies
Transportation DepartmentFederal Transit Administration
Abstract
By this notice, the Federal Transit Administration (FTA) is establishing an Emergency Relief Docket for calendar year 2022, so grantees and subgrantees affected by a national or regional emergency or disaster may request temporary relief from FTA administrative and statutory requirements.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 5 (Friday, January 7, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 5 (Friday, January 7, 2022)]
[Notices]
[Pages 1004-1005]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-00115]
[[Page 1004]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket FTA-2022-0001]
Notice of Establishment of Emergency Relief Docket for Calendar
Year 2022
AGENCY: Federal Transit Administration (FTA), Department of
Transportation (DOT).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: By this notice, the Federal Transit Administration (FTA) is
establishing an Emergency Relief Docket for calendar year 2022, 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, <a href="/cdn-cgi/l/email-protection#e4a68b8a8a8d81caa39685928197a4808b90ca838b92"><span class="__cf_email__" data-cfemail="e5a78a8b8b8c80cba29784938096a5818a91cb828a93">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Pursuant to 49 CFR 601.42, FTA is
establishing the Emergency Relief Docket for calendar year 2022. 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 (<a href="https://www.transit.dot.gov">https://www.transit.dot.gov</a>) 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
<a href="http://www.regulations.gov">www.regulations.gov</a>. 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-2022-0001.
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 <a href="http://www.regulations.gov">www.regulations.gov</a>, for
posting in the docket (FTA-2022-0001). 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 <a href="/cdn-cgi/l/email-protection#0e4c616060676b20497c6f786b7d4e6a617a20696178"><span class="__cf_email__" data-cfemail="6e2c010000070b40291c0f180b1d2e0a011a40090118">[email protected]</span></a>; 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-2022-0001;
(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 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 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
[[Page 1005]]
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 Fernandez,
Administrator.
[FR Doc. 2022-00115 Filed 1-6-22; 8:45 am]
BILLING CODE P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on January 7, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.