Rule2026-11274
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
June 4, 2026
Effective
July 6, 2026
Issuing agencies
Transportation DepartmentFederal Transit Administration
Abstract
FTA is amending its emergency relief regulation 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
<html>
<head>
<title>Federal Register, Volume 91 Issue 107 (Thursday, June 4, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 107 (Thursday, June 4, 2026)]
[Rules and Regulations]
[Pages 33646-33647]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11274]
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: FTA is amending its emergency relief regulation 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: This rule is effective July 6, 2026.
FOR FURTHER INFORMATION CONTACT: For program matters, contact Thomas
Wilson, Office of Program Management, telephone at (202) 366-2053 or
<a href="/cdn-cgi/l/email-protection#97e3fff8faf6e4b9e0fefbe4f8f9d7f3f8e3b9f0f8e1"><span class="__cf_email__" data-cfemail="f3879b9c9e9280dd849a9f809c9db3979c87dd949c85">[email protected]</span></a>. For legal matters, contact Richard Wong,
Attorney-Advisor, FTA, telephone at 202-366-0675 or
<a href="/cdn-cgi/l/email-protection#e193888289809385cf968e8f86a1858e95cf868e97"><span class="__cf_email__" data-cfemail="89fbe0eae1e8fbeda7fee6e7eec9ede6fda7eee6ff">[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. Executive Summary and Statutory Authority
To reduce the burden for grant recipients, this final rule amends
the Emergency Relief regulation at 49 CFR 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. Previously, section 602.15(b)(2) established
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) could be waived. As part of this action, FTA modifies 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 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 authorizes FTA to establish and implement the Public
Transportation Emergency Relief Program. This 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). 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.
After administering the program for more than 10 years, FTA has
determined 45 days 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. FTA modifies 49 CFR
602.15(b)(2) to align the regulatory text with existing practice and
reduce the regulatory burden on grant recipients.
II. Notice of Proposed Rulemaking and Response to Comments
FTA issued a notice of proposed rulemaking (NPRM) on July 1, 2025
(90 FR 28688) proposing to amend 49 CFR 602.15(b)(2) by extending the
baseline time period to 90 days within which grant recipients can
qualify for a waiver of certain administration requirements in order to
obtain emergency relief funding.
The public comment period for the NPRM closed on September 2, 2025.
FTA received two comments in total. One comment was outside the scope
of this rulemaking, and FTA does not respond to comments in this final
rulemaking that were outside the scope.
FTA received one comment submission in the rulemaking docket from a
public transportation trade association. The comment expressed strong
support for the change and noted that the change would align with FTA's
historical practice, reduce regulatory burden on grant recipients, and
provide greater certainty to recipients during a disaster.
Response: FTA appreciates the commenter's support of the change,
which FTA proposed for similar reasons.
Based on the foregoing and FTA's determination, FTA is adopting the
amendment to section 602.15(b)(2) as proposed.
III. Regulatory Analyses and Notices
A. Executive Order (E.O.) 12866 and E.O. 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.
This final rule will 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 final rule will not change existing practices for recipients, it
will 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 final rule is expected to have total costs less than zero and,
therefore, is considered an E.O. 14192 deregulatory action.
[[Page 33647]]
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 final rule achieves minor unquantified cost
savings 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 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
The Department has analyzed the environmental impacts of this
action pursuant to the National Environmental Policy Act of 1969 (NEPA)
(42 U.S.C. 4321 et seq.). FTA has determined that this rule is
categorically excluded pursuant to 23 CFR 771.118(c)(4). Categorical
exclusions are categories of actions that the agency has determined
normally do not significantly affect the quality of the human
environment and, therefore, do not require either an environmental
assessment (EA) or environmental impact statement (EIS). See DOT Order
5610.1D Sec. 9. In analyzing the applicability of a categorical
exclusion, the agency must also consider whether extraordinary
circumstances are present that would warrant the preparation of an EA
or EIS. Id. Sec. 9(b). This rulemaking, which reduces the regulatory
burden on grant recipients by extending the baseline period to
establish a waiver of certain administrative requirements, is
categorically excluded pursuant to 23 CFR 771.118(c)(4): ``[p]lanning
and administrative activities not involving or leading directly to
construction, such as: promulgation of rules, regulations, directives,
or program guidance.'' FTA does not anticipate any environmental
impacts, and there are no 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 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 amends 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 Sec. 602.15 by revising paragraph (b)(2) to read as follows:
Sec. 602.15 Grant requirements.
* * * * *
(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.
Jamie Pfister,
Acting Executive Director.
[FR Doc. 2026-11274 Filed 6-3-26; 8:45 am]
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 June 4, 2026.
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.