Proposed Rule2025-12248
Emergency Relief Program
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
Issuing agencies
Transportation DepartmentFederal Transit Administration
Abstract
FTA proposes to reduce the regulatory burden on grant recipients by extending the baseline period to establish a waiver of certain administrative requirements related to FTA's Public Transportation Emergency Relief Program.
Full Text
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<title>Federal Register, Volume 90 Issue 124 (Tuesday, July 1, 2025)</title>
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[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Proposed Rules]
[Pages 28688-28690]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12248]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
49 CFR Part 602
[Docket No. FTA-2025-0012]
RIN 2132-AB61
Emergency Relief Program
AGENCY: Federal Transit Administration (FTA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: FTA proposes to reduce the regulatory burden on grant
recipients by extending the baseline period to establish a waiver of
certain administrative requirements related to FTA's Public
Transportation Emergency Relief Program.
DATES: Comments should be filed by September 2, 2025. FTA will consider
comments received after that date to the extent practicable.
ADDRESSES: You may send comments, identified by docket number FTA-2025-
0012 by any of the following methods:
<bullet> Federal Rulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the instructions for sending comments.
<bullet> Fax: (202) 493-2251.
<bullet> Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
<bullet> Hand Delivery/Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and
5 p.m. ET, Monday through Friday, except Federal holidays.
Instructions: All submissions received must include the agency name
and docket number or Regulatory Information Number (RIN) for this
rulemaking. All comments received will be posted without change to
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information
provided.
Docket: For access to the docket to read background documents or
comments received, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Background
documents and comments received may also be viewed at the U.S.
Department of Transportation, 1200 New Jersey Ave. SE, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, Washington,
DC 20590-0001, between 9 a.m. and 5 p.m. EST, Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: For program matters, contact Thomas
Wilson, Office of Program Management, telephone at (202) 366-5279 or
<a href="/cdn-cgi/l/email-protection#97e3fff8faf6e4b9e0fefbe4f8f9d7f3f8e3b9f0f8e1"><span class="__cf_email__" data-cfemail="02766a6d6f63712c756b6e716d6c42666d762c656d74">[email protected]</span></a>. For legal matters, contact Diane Alexander,
Attorney-Advisor, FTA, telephone at 202-366-3101 or
<a href="/cdn-cgi/l/email-protection#e6828f878883c8878a839e8788828394a6828992c8818990"><span class="__cf_email__" data-cfemail="492d2028272c6728252c3128272d2c3b092d263d672e263f">[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. Background
Under Section 20017 of The Moving Ahead for Progress in the 21st
Century Act (MAP-21, Pub. L. 112-141) (2012), codified at 49 U.S.C.
5324, Congress authorized FTA to establish and implement the Public
Transportation Emergency Relief Program (the Program). The Program
allows FTA to make grants for eligible public transportation capital
and operating costs in the event of a catastrophic event, such as a
natural disaster, that affects a wide area, as a result of the Governor
of a State declaring an emergency and the Secretary of Transportation
concurring, or the President declaring a major disaster under section
401 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (Stafford Act, 42 U.S.C. 5170). On March 29, 2013, FTA published an
interim final rule implementing this statutory requirement and request
for comments (78 FR 19136). On October 7, 2014, FTA published a final
rule establishing procedures governing the implementation of FTA's
Public Transportation Emergency Relief Program (79 FR 60349).
After more than 10 years of administering the Program, FTA proposes
to reduce the regulatory burden on grant recipients to align with
actual practice and extend the baseline time period for a waiver from
certain administrative requirements.
II. Discussion of Major Changes
To reduce the burden for grant recipients, FTA proposes to modify
section 602.15(b)(2) to establish a longer baseline time period within
which grant recipients can qualify for a waiver of certain
administrative requirements in order to obtain emergency relief
funding. Currently, section 602.15(b)(2) establishes 45 days as the
baseline time period for which FTA can determine whether certain FTA
grant requirements, the requirements for E.O. 11988 floodplain
analysis, and the labor protection requirements at 49 U.S.C. 5333(b)
are waived. As stated in the March 29, 2013, interim final rule (78 FR
19140) and the October 7, 2014, final rule (79 FR 60355-56, 60357), FTA
may waive these requirements as necessary and appropriate for emergency
repairs, permanent repairs, and emergency operating expenses.
FTA proposes to modify section 602.15(b)(2) to extend the baseline
time period to 90 days to align the regulatory text with existing
practice and reduce the regulatory burden on grant recipients. In the
October 7, 2014, final rule, FTA justified establishing the 45-
daybaseline time period to align with FTA's charter service rule at 49
CFR 604.2(f) (79 FR 60356). However, after
[[Page 28689]]
administering the program for more than 10 years, FTA has determined
this is an insufficient period of time to address emergencies in
practice and it has frequently extended the time period to 90 days or
longer, during prior emergency events.
Based on the foregoing, and to ensure consistency with
Administration priorities, including E.O. 14192 (``Unleashing
Prosperity Through Deregulation''), FTA seeks to implement this
deregulatory action.
III. Regulatory Analyses and Notices
A. E.O.s 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, to
select regulatory approaches that maximize net benefits when possible,
and to consider economic, environmental, and distributional effects.
This action does not meet the criteria of a ``significant regulatory
action.'' Therefore, the Office of Management and Budget (OMB) has not
reviewed this action.
The proposed rule would increase the waiver period during eligible
emergencies to align with current FTA practice as FTA has consistently
extended the period to 90 days or longer during prior events. Although
the proposed rule would not change existing practices for recipients,
it would allow recipients greater predictability in planning for
emergencies by ensuring that the regulation aligns with historical FTA
practice and accordingly would have minor, unquantified cost savings.
B. E.O. 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.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires Federal agencies to assess the impact of a regulation on small
entities unless the agency determines the regulation is not expected to
have a significant economic impact on a substantial number of small
entities. Under the Act, public-sector organizations and local
governments qualify as small entities if they serve a population of
less than 50,000. This proposed rule does would not create an economic
impact; rather, this proposed rule would reduce regulatory burden by
extending the baseline time period within which the FTA Administrator
can waive certain administrative requirements for grant recipients. For
this reason, FTA certifies this action will not have a significant
economic impact on a substantial number of small entities.
D. Unfunded Mandates Reform Act of 1995
This final rule will not impose unfunded mandates as defined by the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, March 22, 1995,
109 Stat. 48). This rule does not include a Federal mandate that may
result in expenditures of $100 million or more in any one year,
adjusted for inflation, by State, local, and tribal governments in the
aggregate or by the private sector.
E. E.O. 13132 (Federalism Assessment)
E.O. 13132 (``Federalism'') 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 would not have
sufficient Federalism implications to warrant the preparation of a
Federalism assessment. FTA also determined this action will not preempt
any State law or regulation or affect the States' ability to discharge
traditional State governmental functions.
F. Paperwork Reduction Act
Federal agencies must obtain approval from the Office of Management
and Budget (OMB) for each collection of information they conduct,
sponsor, or require through regulations. FTA has analyzed this rule
under the Paperwork Reduction Act and believes it does not impose
additional information collection requirements for the purposes of the
Act above and beyond existing information collection clearances from
OMB.
G. National Environmental Policy Act
FTA has analyzed this rule for the purposes of the National
Environmental Policy Act of 1969 (NEPA). In accordance with 42 U.S.C.
4336 and DOT NEPA Order 5610.1C, FTA has determined that this rule is
categorically excluded pursuant to 23 CFR 771.118(c)(4), ``[p]lanning
and administrative activities that do not involve or lead directly to
construction, such as: [p]romulgation of rules, regulations, and
directives.'' This rulemaking is not anticipated to result in any
environmental impacts, and there are no unusual or extraordinary
circumstances present in connection with this rulemaking.
H. E.O. 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.
I. E.O. 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.
J. 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 U.S. DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477).
K. Regulation Identifier Number (RIN)
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 number contained in the heading
of this document can be used
[[Page 28690]]
to cross-reference this rule with the Unified Agenda.
List of Subjects in 49 CFR Part 602
Disaster assistance, Grant programs-transportation, Mass
transportation, Transportation.
For the reasons stated in the preamble, FTA proposes to amend title
49, Code of Federal Regulations, part 602, as set forth below:
PART 602--EMERGENCY RELIEF
0
1. The authority citation for part 602 continues to read as follows:
Authority: 49 U.S.C. 5324 and 5334; 49 CFR 1.91.
0
2. Amend Section 602.15 by revising paragraph (b)(2) to read as
follows:
Sec. 602.15 Grant requirements.
(a) * * *
(b) * * *
(2) The FTA Administrator may determine certain requirements
associated with public transportation programs are inapplicable as
necessary and appropriate for emergency repairs, permanent repairs,
emergency protective measures and emergency operating expenses incurred
within 90 days of the emergency or major disaster, or longer as
determined by FTA. If the FTA Administrator determines any requirement
is inapplicable, the determination shall apply to all eligible
activities undertaken with funds authorized under 49 U.S.C. 5324, as
well as funds authorized under 49 U.S.C. 5307 and 5311 and used for
eligible emergency relief activities.
* * * * *
Issued in Washington, DC, under authority delegated in 49 CFR
1.91.
Tariq Bokhari,
Acting Administrator.
[FR Doc. 2025-12248 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-57-P
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