Rule2025-12139
Organization, Functions, and Procedures
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
July 1, 2025
Effective
July 1, 2025
Issuing agencies
Transportation DepartmentFederal Transit Administration
Abstract
The Federal Transit Administration (FTA) is revising its regulations on the agency's organization, functions, and procedures to update outdated information and increase clarity.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 124 (Tuesday, July 1, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Rules and Regulations]
[Pages 28203-28210]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12139]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
49 CFR Part 601
[Docket No. FTA-2025-0003]
RIN 2132-AB52
Organization, Functions, and Procedures
AGENCY: Federal Transit Administration (FTA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Transit Administration (FTA) is revising its
regulations on the agency's organization, functions, and procedures to
update outdated information and increase clarity.
DATES: This final rule is effective on July 1, 2025.
FOR FURTHER INFORMATION CONTACT: Heather Ueyama, Office of Chief
Counsel, (202) 366-7374 or <a href="/cdn-cgi/l/email-protection#a8c0cdc9dcc0cdda86ddcdd1c9c5c9e8ccc7dc86cfc7de"><span class="__cf_email__" data-cfemail="98f0fdf9ecf0fdeab6edfde1f9f5f9d8fcf7ecb6fff7ee">[email protected]</span></a>. Office hours are
from 8:30 a.m. to 5 p.m., Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
I. Purpose and Summary of Regulatory Action
This final rule amends FTA's regulations regarding the agency's
organization, functions, and procedures at 49 CFR part 601. These
regulations describe the various offices of which FTA is comprised and
the sources and locations of available information about FTA programs.
They also provide information regarding FTA's procedures for rulemaking
and emergency relief petitions.
Much of the information in the regulations is nearly twenty years
out of date and no longer accurate. FTA last updated the provisions
regarding emergency relief petitions in 2007 (72 FR 912). Most of the
other provisions have not been updated since 2005 (70 FR 67318).
Accordingly, FTA is amending part 601 to update outdated information
and make other minor edits. These revisions will increase clarity for
the public by providing accurate information about FTA's organizational
structure and its procedures for rulemaking and emergency relief
petitions.
II. Section-by-Section Analysis
Authority Citations
FTA has revised the authority citations for accuracy.
Subpart A--General Provisions
Section 601.1 Purpose
FTA made a minor, non-substantive edit to this section for clarity.
Section 601.2 Organization of FTA
FTA edited the heading of this section from ``Organization of the
Administration'' to ``Organization of FTA'' for clarity. In paragraph
(a), FTA added the Office of Transit Safety and Oversight and the
Office of Regional Services to the list of headquarters offices. It
also made a corresponding edit to revise the number of headquarters
offices from eight to ten.
In paragraph (b), FTA removed the addresses and telephone numbers
of its regional offices. This information is both outdated and subject
to change in the future. In the list of regional offices, FTA has
removed the Lower Manhattan Recovery Office and revised the table to
reflect that the United States Virgin Islands are located in FTA Region
IV, not Region II. These revisions are necessary to reflect the
agency's current organizational structure accurately.
601.3 General Responsibilities
FTA has updated this section to remove outdated information and to
reflect the current responsibilities of FTA's headquarters offices. FTA
has added the Office of Transit Safety and Oversight and the Office of
Regional Services to reflect the creation of those two offices since
this section was last updated in 2005. FTA has also made minor edits
for clarity.
601.4 Responsibilities of the Administrator
FTA did not amend this section.
Subpart B--Public Availability of Information
601.10 Sources of Information
Throughout this section, FTA updated the agency's headquarters
address for accuracy and made minor edits for clarity. In paragraph
(a)(1), FTA also removed the URL for the agency's website because this
information need not be codified in the CFR. FTA revised paragraph (b)
to update the name, contact information, and services provided by the
Department of Transportation Docket Management Facility for accuracy.
Subpart C--Rulemaking Procedures
601.20 Applicability
FTA revised ``under an Act'' to ``by FTA.'' This is a minor edit to
clarify that the procedures in this section apply to rulemaking actions
promulgated by FTA.
601.21 Definitions
FTA is removing and reserving this section, which defined the terms
``Act'' and ``Administrator.'' The term ``Act'' is no longer used in
the regulation, given the revision to section 601.20 discussed above.
The term ``Administrator'' is already defined in a parenthetical in
section 601.2(a). In addition, the authorities of the FTA Administrator
and his or her designees regarding rulemaking are described in FTA's
internal delegations of authority procedures. It therefore is
unnecessary to define these terms in the regulation.
601.22 General
FTA made a minor clarifying edit in paragraph (b) to revise
``subpart'' to ``part.''
601.23 Initiation of Rulemaking
FTA did not amend this section.
601.24 Contents of Notices of Proposed Rulemaking
FTA did not amend this section.
601.25 Participation by Interested Persons
FTA made a minor clarifying edit to the citation in paragraph (b)
for accuracy.
601.26 Petitions for Extension of Time To Comment
FTA did not amend this section.
[[Page 28204]]
601.27 Contents of Written Comments
FTA removed language requiring commenters to submit five copies of
written comments on FTA rulemakings, as it is no longer accurate.
Commenters need only submit one copy. This revision both aligns the
regulation with FTA's practice and reduces potential confusion about
the agency's requirements for public participation in rulemakings.
601.28 Consideration of Comments Received
FTA made minor, non-substantive edits to this section for clarity.
601.29 Additional Rulemaking Proceedings
FTA removed superfluous language from this section. These edits are
minor and non-substantive.
601.30 Hearings
FTA revised paragraph (b) to clarify that the Administrator's and
Chief Counsel's designation of representatives to participate in
rulemaking hearings is discretionary. This aligns the regulation with
FTA's existing practice and will have no impact on the status quo. FTA
also made minor, non-substantive edits to delete superfluous language
from this paragraph.
601.31 Adoption of Final Rules
FTA revised this section to remove language about FTA's internal
process for drafting, consideration, and approval of final rules. This
information relates solely to FTA's internal procedures, which are
detailed in internal FTA Orders. These procedures need not be codified
in the CFR to be effective.
601.32 Petitions for Rulemaking or Exemptions
In paragraph (b)(1), FTA updated the agency's headquarters address
for accuracy. FTA also removed language requiring petitions for
rulemaking exemptions to be submitted in duplicate. This aligns the
regulation with FTA's existing practice and will have no effect on the
status quo.
601.33 Processing of Petitions
FTA made minor, non-substantive edits to paragraph (b) for clarity.
601.34 Petitions for Reconsideration
In paragraph (a), FTA updated the agency's headquarters address for
accuracy. FTA also removed language requiring rulemaking petitions for
reconsideration to be submitted in duplicate. This aligns the
regulation with FTA's existing practice and will have no effect on the
status quo. FTA made other minor clarifying edits to this section for
clarity.
601.36 Procedures for Direct Final Rulemaking
FTA did not amend this section.
Subpart D--Emergency Procedures for Public Transportation Systems
FTA amended two authority references for accuracy. FTA also added a
citation to 49 U.S.C. 5324, which references FTA's Public
Transportation Emergency Relief Program.
601.40 Applicability
FTA did not amend this section.
601.41 Petitions for Relief
FTA did not amend this section.
601.42 Emergency Relief Docket
FTA revised paragraph (a) to update the location of FTA's emergency
relief docket. FTA also removed the URL for the agency's website in
paragraph (c) because this information need not be codified in the CFR.
601.43 Opening the Docket
FTA made a minor, non-substantive edit in paragraph (b) for
clarity. In paragraph (c), FTA updated the address of the agency's
headquarters office for accuracy.
601.44 Posting to the Docket
FTA revised paragraph (b) to update the location of FTA's emergency
relief docket and the address of the Department of Transportation
Docket Management Facility.
601.45 Required Information
FTA did not amend this section.
601.46 Processing of Petitions
FTA did not amend this section.
601.47 Review Procedures
FTA made minor, non-substantive edits to paragraphs (a) and (b) for
clarity.
III. Good Cause for Dispensing With Notice and Comment and Delayed
Effective Date
Under the Administrative Procedure Act (APA) (5 U.S.C. 553(b)(B)),
an agency may dispense with notice and comment if it finds, for good
cause, that they are impracticable, unnecessary, or contrary to the
public interest. Additionally, 5 U.S.C. 553(d) provides that an agency
may waive the 30-day delayed effective date upon finding of good cause.
This rule revises part 601 to remove outdated information regarding
FTA's organizational structure, the location of available information,
and procedures for rulemaking and emergency relief petitions. These
changes have no substantive impact on the status quo and merely bring
the regulation up to date since it was last updated nearly twenty years
ago (e.g., updating addresses for accuracy). As a result, FTA would not
be able to make any substantive changes in response to comments
received on these provisions. For the same reasons, FTA finds that the
delayed effective date is unnecessary. Accordingly, FTA finds good
cause under 5 U.S.C. 553(b)(B) and (d)(3) to waive notice and
opportunity for comment and the delayed effective date.
IV. Regulatory Analyses and Notices
Executive Orders 12866 and 13563 (Regulatory Review)
E.O. 12866 (``Regulatory Planning and Review''), as supplemented by
E.O. 13563 (``Improving Regulation and Regulatory Review''), directs
Federal agencies to assess the benefits and costs of regulations and to
select regulatory approaches that maximize net benefits when possible.
It also directs the Office of Management and Budget (OMB) to review
significant regulatory actions, including regulations with annual
economic effects of $100 million or more. OMB has determined the final
rule is not significant within the meaning of E.O. 12866 and has not
reviewed the rule under that order.
The rule removes outdated references about FTA's organizational
structure, removes outdated information on rulemaking procedures, and
removes duplicative rulemaking procedures. Although the changes do not
affect requirements for regulated entities, improving the clarity and
accuracy of the provisions will reduce the time needed for regulated
entities to understand FTA's rulemaking procedures, resulting in minor
and unquantified cost savings.
Executive Order 14192 (Deregulatory Action)
E.O. 14192 (``Unleashing Prosperity Through Deregulation'')
requires that for ``each new [E.O. 14192 regulatory action] issued, at
least ten prior regulations be identified for elimination.''
Implementation Guidance for E.O. 14192, issued by OMB (Memorandum M-25-
20, March 25, 2025) defines an E.O. 14192 deregulatory action as ``an
action that has been finalized and has total costs less than zero.''
This proposed rule, if finalized, is expected to have total costs less
than zero, and therefore is expected to be an E.O. 14192 deregulatory
action.
[[Page 28205]]
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (RFA) (5 U.S.C. 601 et seq.)
requires Federal agencies to assess the impact of a regulation on small
entities unless the agency determines that the regulation is not
expected to have a significant economic impact on a substantial number
of small entities.
FTA has determined that the final rule will not have a significant
effect on a substantial number of small entities. The rule removes
outdated information from FTA's regulations regarding the agency's
organization, functions, and procedures but does not change
requirements for regulated entities.
Unfunded Mandates Reform Act of 1995
FTA has determined that this final rule does not impose unfunded
mandates, as defined by the Unfunded Mandates Reform Act of 1995 (Pub.
L. 104-4, March 22, 1995). This final rule does not include a Federal
mandate that may result in the expenditure by State, local, and Tribal
governments, in the aggregate, or by the private sector of $100 million
or more in 1995 dollars (adjusted for inflation) in any one year.
Executive Order 13132 (Federalism Assessment)
E.O. 13132 requires agencies to assure meaningful and timely input
by State and local officials in the development of regulatory policies
that may have a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. This action has been analyzed in accordance with the
principles and criteria contained in E.O. 13132, dated August 4, 1999,
and FTA determined this action will not have a substantial direct
effect or sufficient federalism implications on the States. FTA also
determined this action will not preempt any State law or regulation or
affect the States' ability to discharge traditional State governmental
functions.
Executive Order 12372 (Intergovernmental Review)
The regulations implementing E.O. 12372 regarding intergovernmental
consultation on Federal programs and activities do not apply to this
rulemaking.
Paperwork Reduction Act
FTA has analyzed this rule under the Paperwork Reduction Act and it
does not impose additional information collection requirements for the
purposes of the Act above and beyond existing information collection
clearances from OMB.
National Environmental Policy Act
Federal agencies are required to adopt implementing procedures for
the National Environmental Policy Act (NEPA) that establish specific
criteria for, and identification of, three classes of actions: (1)
Those that normally require preparation of an Environmental Impact
Statement, (2) those that normally require preparation of an
Environmental Assessment, and (3) those that are categorically excluded
from further NEPA review (40 CFR 1507.3(b)). This rule qualifies for
categorical exclusions under 23 CFR 771.118(c)(4) (planning and
administrative activities that do not involve or lead directly to
construction). FTA has evaluated whether the final rule will involve
unusual or extraordinary circumstances and has determined it will not.
Executive Order 13175 (Tribal Consultation)
FTA has analyzed this rule under E.O. 13175 (``Consultation and
Coordination with Indian Tribal Governments''), and it will not have
substantial direct effects on one or more Indian tribes; will not
impose substantial direct compliance costs on Indian tribal
governments; and will not preempt tribal laws. Therefore, a tribal
summary impact statement is not required.
Executive Order 13211 (Energy Effects)
FTA has analyzed this action under E.O. 13211, Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use. FTA has determined this action is not a significant energy action
under that order and is not likely to have a significant adverse effect
on the supply, distribution, or use of energy. Therefore, a Statement
of Energy Effects is not required.
Privacy Act
Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review DOT's complete Privacy Act
Statement in the Federal Register at 65 FR 19477 (April 11, 2000).
Regulation Identifier Number
A Regulation Identifier Number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN contained in the heading of
this document can be used to cross-reference this final rule with the
Unified Agenda.
List of Subjects in 49 CFR Part 601
Administrative practice and procedure, Organization and functions
(Government agencies), Freedom of Information.
0
In consideration of the foregoing, and under the authority of 49 U.S.C.
5334, and the delegation of authority at 49 CFR 1.91, the Federal
Transit Administration revises and republishes 49 CFR part 601 to read
as follows:
PART 601--ORGANIZATION, FUNCTIONS, AND PROCEDURES
Subpart A--General Provisions
Sec.
601.1 Purpose.
601.2 Organization of FTA.
601.3 General responsibilities.
601.4 Responsibilities of the Administrator.
Subpart B--Public Availability of Information
601.10 Sources of information.
Subpart C--Rulemaking Procedures
601.20 Applicability.
601.21 [Reserved].
601.22 General.
601.23 Initiation of rulemaking.
601.24 Contents of notices of proposed rulemaking.
601.25 Participation by interested persons.
601.26 Petitions for extension of time to comment.
601.27 Contents of written comments.
601.28 Consideration of comments received.
601.29 Additional rulemaking proceedings.
601.30 Hearings.
601.31 Adoption of final rules.
601.32 Petitions for rulemaking or exemptions.
601.33 Processing of petitions.
601.34 Petitions for reconsideration.
601.35 Proceedings on petitions for reconsideration.
601.36 Procedures for direct final rulemaking.
Subpart D--Emergency Procedures for Public Transportation Systems
601.40 Applicability.
601.41 Petitions for relief.
601.42 Emergency relief docket.
601.43 Opening the docket.
601.44 Posting to the docket.
601.45 Required information.
601.46 Processing of petitions.
601.47 Review procedures.
Authority: 5 U.S.C. 552; 49 U.S.C. 5301 and 5334; 49 CFR 1.91.
Subpart D also issued under 42 U.S.C. 5141.
[[Page 28206]]
Subpart A--General Provisions
Sec. 601.1 Purpose.
This part describes the organization of the Federal Transit
Administration (``FTA''), an operating administration within the U.S.
Department of Transportation. This part also describes general
responsibilities of the various offices of which FTA is comprised. In
addition, this part describes the sources and locations of available
FTA program information and provides information regarding FTA's
rulemaking procedures.
Sec. 601.2 Organization of FTA.
(a) The headquarters organization of FTA is comprised of ten
principal offices which function under the overall direction of the
Federal Transit Administrator (Administrator) and Deputy Administrator.
These offices are:
(1) Office of Administration.
(2) Office of Budget and Policy.
(3) Office of Chief Counsel.
(4) Office of Civil Rights.
(5) Office of Communications and Congressional Affairs.
(6) Office of Planning and Environment.
(7) Office of Program Management.
(8) Office of Research, Demonstration and Innovation.
(9) Office of Transit Safety and Oversight
(10) Office of Regional Services
(b) FTA has ten regional offices, each of which function under the
overall direction of the Administrator and Deputy Administrator, and
under the general direction of a Regional Administrator.
Region/States
I. Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and
Vermont
II. New York, New Jersey
III. Delaware, District of Columbia, Maryland, Pennsylvania, Virginia,
and West Virginia
IV. Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina,
Puerto Rico, South Carolina, Tennessee, and U.S. Virgin Islands
V. Illinois, Indiana, Minnesota, Michigan, Ohio, and Wisconsin
VI. Arkansas, Louisiana, New Mexico, Oklahoma, and Texas
VII. Iowa, Kansas, Missouri, and Nebraska
VIII. Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming
IX. Arizona, California, Hawaii, Nevada, Guam, American Samoa, and
Northern Mariana Islands
X. Alaska, Idaho, Oregon, and Washington
Sec. 601.3 General responsibilities.
The general responsibilities of each of the offices which comprise
the headquarters organization of FTA are:
(a) Office of Administration. Directed by an Associate
Administrator for Administration, this office develops and administers
comprehensive programs to meet FTA's resource management and
administrative support requirements in the following areas:
Organization and management planning, information resources management,
human resources, contracting and procurement, and administrative
services.
(b) Office of Budget and Policy. Directed by an Associate
Administrator for Budget and Policy, this office is responsible for
policy development and performance measurement, strategic and program
planning, program evaluation, budgeting, and accounting. The office
provides policy direction on legislative proposals and coordinates the
development of regulations. The office formulates and justifies FTA
budgets within the Department of Transportation, to the Office of
Management and Budget, and Congress. The office establishes
apportionments and allotments for program and administrative funds,
ensures that all funds are expended in accordance with Administration
and congressional intent, and prepares and coordinates statutory
reports to Congress. The office coordinates with and supports the
Department of Transportation Chief Financial Officer on all FTA
accounting and financial management matters. This office also serves as
the audit liaison in responding to the Office of the Inspector General
and the Government Accountability Office.
(c) Office of Chief Counsel. Directed by a Chief Counsel, this
office provides legal advice and support to the Administrator and FTA
management. The office is responsible for reviewing development and
management of FTA-sponsored projects; representing the Administration
before civil courts and administrative agencies; drafting and reviewing
legislation and regulations to implement the Administration's programs;
and working to ensure that the agency upholds the highest ethical
standards. The office coordinates with and supports the U.S. Department
of Transportation's General Counsel on FTA legal matters.
(d) Office of Civil Rights. Directed by an Associate Administrator
for Civil Rights, this office ensures full implementation of civil
rights and equal opportunity initiatives by all recipients of FTA
assistance, and ensures nondiscrimination in the receipt of FTA
benefits, employment, and business opportunities. The office advises
and assists the Administrator and other FTA officials in ensuring
compliance with applicable civil rights regulations, statutes and
directives, including but not limited to the Americans with
Disabilities Act of 1990 (ADA), the Civil Rights Act of 1964,
Disadvantaged Business Enterprise (DBE) participation, and Equal
Employment Opportunity, within FTA and in the conduct of federally
assisted public transportation projects and programs. The office
monitors the implementation of and compliance with civil rights
requirements, investigates complaints, conducts compliance reviews, and
provides technical assistance to recipients of FTA assistance and
members of the public.
(e) Office of Communications and Congressional Affairs. Directed by
an Associate Administrator for Communications and Congressional
Affairs, this office is the agency's lead office for media relations,
public affairs, and Congressional relations, providing quick response
support to the agency, the public, and Members of Congress on a daily
basis. The office distributes information about FTA programs and
policies to the public, the transit industry, and other interested
parties through a variety of media. This office also coordinates the
Administrator's public appearances and is responsible for managing
correspondence and other information directed to and issued by the
Administrator and Deputy Administrator.
(f) Office of Planning and Environment. Directed by an Associate
Administrator for Planning and Environment, this office administers a
national program of planning assistance that provides funding,
guidance, and technical support to State and local transportation
agencies. In partnership with the Federal Highway Administration
(FHWA), this office oversees a national program of planning assistance
and certification of metropolitan and statewide planning organizations,
implemented by FTA Regional Offices and FHWA Divisional Offices. The
office provides national guidance and technical support in emphasis
areas including planning capacity building, financial planning,
transit-oriented development, joint development, project cost
estimation, travel demand forecasting, and other technical areas. This
office also oversees the Federal environmental review process as it
applies to transit projects throughout the country, including
implementation of the National Environmental Policy Act (NEPA), the
Clean Air Act, and related laws and
[[Page 28207]]
regulations. The office provides national guidance and oversight of
planning and project development for proposed major transit capital
fixed guideway projects, commonly referred to as the Capital Investment
Grants (CIG) program. In addition, this office is responsible for the
evaluation and rating of proposed projects based on a set of statutory
criteria, and applies these ratings as input to the Annual CIG Report
and funding recommendations submitted to Congress, as well as for FTA
approval required for CIG projects to advance into preliminary
engineering, final design, and full funding grant agreements.
(g) Office of Program Management. Directed by an Associate
Administrator for Program Management, this office administers a
national program of capital and operating assistance by managing
financial and technical resources and by directing program
implementation. The office coordinates all grantee directed guidance,
in the form of circulars and other communications, develops and
distributes procedures and program guidance to assist the field staff
in grant program administration and fosters responsible stewardship of
Federal transit resources by facilitating and assuring consistent grant
development and implementation nationwide (Statutory, Formula,
Discretionary and Earmarks). This office manages the oversight program
for agency formula grant programs and provides national expertise and
direction in the areas of capital construction, rolling stock, and risk
assessment techniques.
(h) Office of Research, Demonstration, and Innovation. Directed by
an Associate Administrator for Research, Demonstration and Innovation,
this office provides transit industry leadership in delivery of
solutions that improve public transportation. The office undertakes
research, development, and demonstration projects that help to increase
ridership; improve capital and operating efficiencies; enhance safety
and emergency preparedness; and better protect the environment and
promote energy independence. The office leads FTA programmatic efforts
under the National Research Programs (49 U.S.C. 5314).
(i) Office of Transit Safety and Oversight. Directed by an
Associate Administrator for Transit Safety and Oversight, this office
administers a national transit safety program and program compliance
oversight process to advance the provision of safe, reliable, and
equitable transit service through adherence to legislative, policy and
regulatory requirements as established by FTA.
(j) Office of Regional Services. Directed by an Associate
Administrator for Regional Services, this office promotes successful
and accountable program delivery, national consistency, and effective
communication and collaboration with the FTA Regional Offices,
leveraging their expertise and experience to improve FTA's
administration of programs. The Associate Administrator for Regional
Services supports the regional teams responsible for effectively
administering the national federal transit program by ensuring program
stewardship and oversight; advancing consistent corporate business
practices in the areas of performance management and risk management;
increasing the use of data and information for decision making; and
improving operational efficiency.
Sec. 601.4 Responsibilities of the Administrator.
The Administrator is responsible for the planning, direction and
control of the activities of FTA and has authority to approve Federal
transit grants, loans, and contracts. The Deputy Administrator is the
``first assistant'' for purposes of the Federal Vacancies Reform Act of
1998 (Pub. L. 105-277) and shall, in the event of the absence or
disability of the Administrator, serve as the Acting Administrator,
subject to the limitations in that Act. In the event of the absence or
disability of both the Administrator and the Deputy Administrator,
officials designated by the agency's internal order on succession shall
serve as Acting Deputy Administrator and shall perform the duties of
the Administrator, except for any non-delegable statutory or regulatory
duties.
Subpart B--Public Availability of Information
Sec. 601.10 Sources of information.
(a) FTA guidance documents. (1) Circulars and other guidance/policy
information are available on FTA's website.
(2) Single copies of any guidance document may be obtained without
charge by calling FTA's Administrative Services Help Desk, at (202)
366-4865.
(3) Single copies of any guidance document may also be obtained
without charge upon written request to the Associate Administrator for
Administration, Federal Transit Administration, 1200 New Jersey Avenue
SE, Washington, DC, 20590.
(b) DOT Docket Management System. Unless a particular document says
otherwise, the following rulemaking documents in proceedings started
after February 1, 1997, are available for public review at the
Department of Transportation's Docket Management Facility, 1200 New
Jersey Avenue SE, West Building Ground Floor, Room W12-140, Washington,
DC 20590, or for review at <a href="https://www.regulations.gov">https://www.regulations.gov</a>:
(1) Advance notices of proposed rulemaking;
(2) Notices of proposed rulemaking;
(3) Comments received in response to notices;
(4) Petitions for rulemaking and reconsideration;
(5) Denials of petitions for rulemaking and reconsideration; and
(6) Final rules.
(c) Any person may examine docketed material, at any time during
regular business hours after the docket is established, and may obtain
a copy of such material upon payment of a fee, except material ordered
withheld from the public under 5 U.S.C. 552(b).
(d) Any person seeking documents not described above may submit a
request under the Freedom of Information Act (FOIA) by following the
procedures in part 7 of this title.
Subpart C--Rulemaking Procedures
Sec. 601.20 Applicability.
This part prescribes rulemaking procedures that apply to the
issuance, amendment, and revocation of rules by FTA.
Sec. 601.21 [Reserved]
Sec. 601.22 General.
(a) Unless the Administrator, for good cause, finds a notice is
impractical, unnecessary, or contrary to the public interest, and
incorporates such a finding and a brief statement of the reasons for it
in the rule, a notice of proposed rulemaking must be issued, and
interested persons are invited to participate in the rulemaking
proceedings involving rules under an Act.
(b) For rules for which the Administrator determines that notice is
unnecessary because no adverse public comment is anticipated, the
direct final rulemaking procedure described in Sec. 601.36 may be
followed.
Sec. 601.23 Initiation of rulemaking.
The Administrator initiates rulemaking on his/her own motion.
However, in so doing, he/she may, in his/her discretion, consider the
recommendations of his/her staff or other agencies of the United States
or of other interested persons.
[[Page 28208]]
Sec. 601.24 Contents of notices of proposed rulemaking.
(a) Each notice of proposed rulemaking is published in the Federal
Register, unless all persons subject to it are named and are personally
served with a copy of it.
(b) Each notice, whether published in the Federal Register or
personally served, includes:
(1) A statement of the time, place, and nature of the proposed
rulemaking proceeding;
(2) A reference to the authority under which it is issued;
(3) A description of the subjects and issues involved or the
substance and terms of the proposed rule;
(4) A statement of the time within which written comments must be
submitted; and
(5) A statement of how and to what extent interested persons may
participate in the proceeding.
Sec. 601.25 Participation by interested persons.
(a) Any interested person may participate in rulemaking proceedings
by submitting comments in writing containing information, views, or
arguments.
(b) In his/her discretion, the Administrator may invite any
interested person to participate in the rulemaking procedures described
in Sec. 601.29.
Sec. 601.26 Petitions for extension of time to comment.
A petition for extension of the time to submit comments must be
received not later than three (3) days before expiration of the time
stated in the notice. The filing of the petition does not automatically
extend the time for petitioner's comments. Such a petition is granted
only if the petitioner shows good cause for the extension, and if the
extension is consistent with the public interest. If an extension is
granted, it is granted to all persons, and it is published in the
Federal Register.
Sec. 601.27 Contents of written comments.
All written comments must be in English. Any interested person must
submit as part of his/her written comments all material that he/she
considers relevant to any statement of fact made by him/her.
Incorporation of material by reference is to be avoided. However, if
such incorporation is necessary, the incorporated material shall be
identified with respect to document and page.
Sec. 601.28 Consideration of comments received.
All timely comments are considered before final action is taken on
a rulemaking proposal. Late filed comments may be considered if
practicable.
Sec. 601.29 Additional rulemaking proceedings.
The Administrator may initiate further rulemaking proceedings. For
example, interested persons may be invited to make oral arguments, to
participate in conferences between the Administrator or his/her
representative at which minutes of the conference are kept, to appear
at informal hearings presided over by officials designated by the
Administrator at which a transcript or minutes are kept, or participate
in any other proceeding to assure informed administrative action and to
protect the public interest.
Sec. 601.30 Hearings.
(a) Sections 556 and 557 of title 5, United States Code, do not
apply to hearings held under this part. Unless otherwise specified,
hearings held under this part are informal, non-adversary, fact-finding
procedures at which there are no formal pleadings or adverse parties.
Any rule issued in a case in which an informal hearing is held is not
necessarily based exclusively on the record of the hearing.
(b) The Administrator may designate a representative to conduct any
hearing held under this part, and the Chief Counsel may designate a
member of his/her staff to serve as legal officer at the hearing.
Sec. 601.31 Adoption of final rules.
Final rules are published in the Federal Register, unless all
persons subject to it are named and are personally served a copy of it.
Sec. 601.32 Petitions for rulemaking or exemptions.
(a) Any interested person may petition the Administrator to
establish, amend, or repeal a rule, or for a permanent or temporary
exemption from FTA rules as allowed by law.
(b) Each petition filed under this section must:
(1) Be submitted to the Administrator, Federal Transit
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590;
(2) State the name, street and mailing addresses, and telephone
number of the petitioner; if the petitioner is not an individual, state
the name, street and mailing addresses and telephone number of an
individual designated as an agent of the petitioner for all purposes
related to the petition;
(3) Set forth the text or substance of the rule or amendment
proposed, or of the rule from which the exemption is sought, or specify
the rule that the petitioner seeks to have repealed, as the case may
be;
(4) Explain the interest of the petitioner in the action requested,
including, in the case of a petition for an exemption, the nature and
extent of the relief sought and a description of the persons to be
covered by the exemption;
(5) Contain any information and arguments available to the
petitioner to support the action sought; and
(6) In the case of a petition for exemption, except in cases in
which good cause is shown, the petition must be submitted at least 120
days before the requested effective date of the exemption.
Sec. 601.33 Processing of petitions.
(a) In general. Each petition received under Sec. 601.32 is
referred to the head of the office responsible for the subject matter
of that petition. Unless the Administrator otherwise specifies, no
public hearing, argument or other proceeding is held directly on a
petition before its disposition under this section.
(b) Grants. If the Administrator determines the petition contains
adequate justification, he/she initiates rulemaking action under
subpart C of this part or grants the exemption, as applicable.
(c) Denials. If the Administrator determines the petition does not
justify rulemaking or granting the exemption, he/she denies the
petition.
(d) Notification. Whenever the Administrator determines that a
petition should be granted or denied, the office concerned and the
Office of Chief Counsel prepare a notice of that grant or denial for
issuance to the petitioner, and the Administrator issues it to the
petitioner.
Sec. 601.34 Petitions for reconsideration.
(a) Any interested person may petition the Administrator for
reconsideration of a final rule issued under this part. The petition
must be in English and submitted to the Administrator, Federal Transit
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590, and
received not later than thirty (30) days after publication of the final
rule in the Federal Register. Petitions filed after that time will be
considered as petitions filed under Sec. 601.32. The petition must
contain a brief statement of the complaint and an explanation as to why
compliance with the final rule is not practicable, is unreasonable, or
is not in the public interest.
(b) If the petitioner requests the consideration of additional
facts, he/she must state the reason the facts were not
[[Page 28209]]
presented to the Administrator within the prescribed comment period of
the rulemaking.
(c) The Administrator will not consider repetitious petitions.
(d) Unless the Administrator otherwise provides, the filing of a
petition under this section does not stay the effective date of the
final rule.
Sec. 601.35 Proceedings on petitions for reconsideration.
The Administrator may grant or deny, in whole or in part, any
petition for reconsideration without further proceedings. In the event
he/she determines to reconsider any rule, he/she may issue a final
decision on reconsideration without further proceedings, or he/she may
provide such opportunity to submit comment or information and data as
he/she deems appropriate. Whenever the Administrator determines that a
petition should be granted or denied, he/she prepares a notice of the
grant or denial of a petition for reconsideration and issues it to the
petitioner. The Administrator may consolidate petitions relating to the
same rule.
Sec. 601.36 Procedures for direct final rulemaking.
(a) Rules the Administrator judges to be non-controversial and
unlikely to result in adverse public comment may be published as direct
final rules. These include non-controversial rules that:
(1) Affect internal procedures of FTA, such as filing requirements
and rules governing inspection and copying of documents;
(2) Are non-substantive clarifications or corrections to existing
rules;
(3) Update existing forms;
(4) Make minor changes in the substantive rule regarding statistics
and reporting requirements;
(5) Make changes to the rule implementing the Privacy Act; and
(6) Adopt technical standards set by outside organizations.
(b) The Federal Register document will state that any adverse
comment must be received in writing by FTA within the specified time
after the date of publication and that, if no written adverse comment
is received, the rule will become effective a specified number of days
after the date of publication.
(c) If no written adverse comment is received by FTA within the
specified time of publication in the Federal Register, FTA will publish
a notice in the Federal Register indicating that no adverse comment was
received and confirming that the rule will become effective on the date
that was indicated in the direct final rule.
(d) If FTA receives any written adverse comment within the
specified time of publication in the Federal Register, FTA will either
publish a document withdrawing the direct final rule before it becomes
effective and may issue an NPRM, or proceed by any other means
permitted under the Administrative Procedure Act.
(e) An ``adverse'' comment for the purpose of this subpart means
any comment that FTA determines is critical of the rule, suggests that
the rule should not be adopted, or suggests a change that should be
made in the rule. A comment suggesting that the policy or requirements
of the rule should or should not also be extended to other Departmental
programs outside the scope of the rule is not adverse.
Subpart D--Emergency Procedures for Public Transportation Systems
Sec. 601.40 Applicability.
This part prescribes procedures that apply to FTA grantees and
subgrantees when the President has declared a national or regional
emergency, when a State Governor has declared a state of emergency,
when the Mayor of the District of Columbia has declared a state of
emergency, or in anticipation of such declarations.
Sec. 601.41 Petitions for relief.
In the case of a national or regional emergency or disaster, or in
anticipation of such a disaster, any FTA grantee or subgrantee may
petition the Administrator for temporary relief from the provisions of
any policy statement, circular, guidance document or rule.
Sec. 601.42 Emergency relief docket.
(a) By January 31st of each year, FTA shall establish an Emergency
Relief Docket in <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
(b) FTA shall publish a notice in the Federal Register identifying,
by docket number, the Emergency Relief Docket for that calendar year. A
notice shall also be published in the previous year's Emergency Relief
Docket identifying the new docket number.
(c) If the Administrator, or his/her designee, determines that an
emergency event has occurred, or in anticipation of such an event, FTA
shall place a message on its web page indicating the Emergency Relief
Docket has been opened and including the docket number.
Sec. 601.43 Opening the docket.
(a) The Emergency Relief Docket shall be opened within two business
days of an emergency or disaster declaration in which it appears FTA
grantees or subgrantees are or will be impacted.
(b) In cases in which emergencies can be anticipated, such as
hurricanes, FTA shall open the docket and place the message on the FTA
website in advance of the event.
(c) 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 in duplicate to the Administrator,
via U.S. mail, to: Federal Transit Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590; via telephone, at: (202) 366-4043; or
via fax, at (202) 366-3472, requesting opening of the Docket for that
emergency and including the information in Sec. 601.45. The
Administrator in his or her sole discretion shall determine the need
for opening the Emergency Relief Docket.
Sec. 601.44 Posting to the docket.
(a) All petitions for relief must be posted in the docket in order
to receive consideration by FTA.
(b) The docket is publicly accessible and can be accessed 24 hours
a day, seven days a week, via the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Petitions may also be submitted by U.S. mail or by
hand delivery to the DOT Docket Management Facility, 1200 New Jersey
Avenue SE, West Building Ground Floor, Room W12-140, Washington, DC
20590.
(c) 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
their behalf.
(d) Any grantee or subgrantee submitting petitions for relief or
comments to the docket must include the agency name (Federal Transit
Administration) and that calendar year's docket number. Grantees and
subgrantees making submissions by mail or hand delivery should submit
two copies.
Sec. 601.45 Required information.
A petition for relief under this section shall:
(a) Identify the grantee or subgrantee and its geographic location;
(b) Specifically address how an FTA requirement in a policy
statement, circular, or agency guidance will limit a grantee's or
subgrantee's ability to respond to an emergency or disaster;
(c) Identify the policy statement, circular, guidance document and/
or rule from which the grantee or subgrantee seeks relief; and
[[Page 28210]]
(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.
Sec. 601.46 Processing of petitions.
(a) A petition for relief will be conditionally granted for a
period of three (3) business days from the date it is submitted to the
Emergency Relief Docket.
(b) 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.
(c) 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.
(d) If FTA fails to post a response to the request for relief to
the docket within three business days, the grantee or subgrantee may
assume its petition is granted until and unless FTA states otherwise.
Sec. 601.47 Review Procedures.
(a) FTA reserves the right to reopen any docket and reconsider any
decision made pursuant to these emergency procedures based upon its own
initiative, on 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.
(b) FTA decision letters granting or denying a petition shall be
posted in the appropriate Emergency Relief Docket and shall reference
the document number of the petition to which it relates.
Issued in Washington, DC, under authority delegated in 49 CFR
1.91.
Tariq Bokhari,
Acting Administrator.
[FR Doc. 2025-12139 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-57-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 July 1, 2025.
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.