Emergency Procedures for Public Transportation Systems, 44957-44960 [06-6771]
Download as PDF
Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Proposed Rules
believe the economic impact is
significant.
C. Regulations Under Analysis
During Year 8 (2006–2007), the
Analysis Year, we will conduct a
preliminary assessment of the rules in
49 CFR part 178 applicable to
specifications for non-bulk packages.
The review will include the following
subparts:
II. Plain Language
A. Background and Purpose
PART 178
Subpart
Title
Subpart B ........
Subpart L ........
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Subpart M .......
Specifications for Inside
Containers and Linings.
Non-bulk Performance Oriented Packaging Standards.
Testing of Non-bulk Packagings and Packages.
In addition, we will conduct a
preliminary assessment of the rules in
49 CFR part 110 establishing procedures
for the Hazardous Materials Public
Sector Training and Planning Grants.
These regulations include eligibility
requirements, grant application
procedures, disbursement of Federal
funds, grant monitoring, and after-grant
requirements.
The oil pipeline response plan
regulations in Part 194 and the
hazardous liquid pipeline safety
regulations in Subpart B of Part 195 are
also scheduled for review this year. The
Part 194 regulations contain
requirements for oil spill response plans
to reduce the environmental impact of
oil discharged from onshore oil
pipelines. Part 195, Subpart B,
addresses hazardous liquid reporting
requirements, including annual
reporting, accident reporting, and
reporting of safety related conditions.
We are seeking comments on whether
any requirements for training and
planning grants in Part 110,
specifications for non-bulk packagings
in Part 178, oil response plans in Part
194, or hazardous liquid pipeline
reporting requirements in Part 195 have
a significant impact on a substantial
number of small entities. ‘‘Small
entities’’ include small businesses, notfor-profit organizations that are
independently owned and operated and
are not dominant in their fields, and
governmental jurisdictions with
populations under 50,000. If your
business or organization is a small
entity and if any of the above described
regulatory requirements has a
significant economic impact on your
business or organization, please submit
a comment explaining how and to what
degree these rules affect you, the extent
of the economic impact on your
business or organization, and why you
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Plain language helps readers find
requirements quickly and understand
them easily. Examples of plain language
techniques include:
(1) Undesignated center headings to
cluster related sections within subparts.
(2) Short words, sentences,
paragraphs, and sections to speed up
reading and enhance understanding.
(3) Sections as questions and answers
to provide focus.
(4) Personal pronouns to reduce
passive voice and draw readers into the
writing.
(5) Tables to display complex
information in a simple, easy-to-read
format.
For an example of a rule drafted in
plain language, you can refer to our final
rule entitled ‘‘Revised and Clarified
Hazardous Materials Safety Rulemaking
and Program Procedures,’’ which was
published June 25, 2002 (67 FR 42948).
This final rule revised and clarified the
hazardous materials safety rulemaking
and program procedures by rewriting 49
CFR Part 106 and Subpart A of Part 107
in plain language and creating a new
Part 105 that contains definitions and
general procedures.
B. Review Schedule
In conjunction with our section 610
reviews, we will be performing plain
language reviews of the HMR and
pipeline safety regulations over a 10year period on a schedule consistent
with the section 610 review schedule.
Thus, our review of requirements in Part
110 applicable to training and planning
grants, part 178 applicable to
specifications for non-bulk packagings,
Part 194 applicable to oil response
plans, and Part 195 applicable to
hazardous liquid pipeline reporting will
also include a plain language review to
determine if the regulations can be
reorganized and/or rewritten to make
them easier to read, understand, and
use. We encourage interested persons to
submit draft regulatory language that
clearly and simply communicates
regulatory requirements, and other
recommendations, such as putting
information in tables or consolidating
regulatory requirements, that may make
the regulations easier to use.
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44957
Issued in Washington, DC, on August 2,
2006.
Robert A. McGuire,
Associate Administrator for Hazardous
Materials Safety, Pipeline and Hazardous
Materials Safety Administration.
[FR Doc. E6–12859 Filed 8–7–06; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
49 CFR Part 601
[Docket FTA–2006–22428]
RIN 2132–AA89
Emergency Procedures for Public
Transportation Systems
Federal Transit Administration
(FTA), DOT.
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: This rulemaking proposes to
establish a new subpart in 601 of Title
49 of the Code of Federal Regulations,
to establish emergency relief procedures
for granting relief from Federal transit
policy statements, circulars, guidance
documents, and regulations in times of
national or regional emergencies.
DATES: Comment Closing Date:
Comments should be submitted by
October 10, 2006. Late-filed comments
will be considered to the extent
practicable.
You may submit comments
identified by the docket number [FTA–
2006–22428] by any of the following
methods:
Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
Web site: https://dms.dot.gov. Follow
the instructions for submitting
comments on the DOT electronic docket
site.
Fax: 202–493–2251.
Mail: Docket Management Facility;
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
PL–401, Washington, DC 20590–0001.
Hand Delivery: Room PL–401 on the
plaza level of the Nassif Building, 400
Seventh Street, SW., Washington, DC,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Instructions: You must include the
agency name (Federal Transit
Administration) and Docket number
(FTA–2006–22428) or the Regulatory
Identification Number (RIN) for this
rulemaking at the beginning of your
comments. You should submit two
copies of your comments if you submit
ADDRESSES:
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Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Proposed Rules
them by mail. If you wish to receive
confirmation that FTA received your
comments, you must include a selfaddressed stamped postcard. Note that
all comments received will be posted
without change to https://dms.dot.gov,
including any personal information
provided, and will be available to
internet users. Please see the Privacy
Act section of this document.
Docket: For access to the docket to
read background documents and
comments received, go to https://
dms.dot.gov at any time or to Room PL–
401 on the plaza level of the Nassif
Building, 400 Seventh Street, SW.,
Washington, DC between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Bonnie L. Graves, Attorney-Advisor,
Legislation and Regulations Division,
Office of Chief Counsel, Federal Transit
Administration, 400 Seventh Street,
SW., Room 9316, Washington, DC
20590, phone: (202) 366–4011, fax: (202)
366–3809, or e-mail,
Bonnie.Graves@dot.gov.
SUPPLEMENTARY INFORMATION:
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I. Authority for This Rulemaking
In addition to FTA’s general
rulemaking authority provided under 49
U.S.C. 15334, 42 U.S.C. 5141 (section
301 of the Stafford Act, Pub. L. 92–288,
as amended) provides that ‘‘[a]ny
Federal agency charged with the
administration of a Federal assistance
program may, if so requested by the
applicant State or local authorities,
modify or waive, for a major disaster,
such administrative conditions for
assistance as would otherwise prevent
the giving of assistance under such
programs if the inability to meet such
conditions is a result of the major
disaster.’’
This section allows FTA, at a State or
local governmental entity’s request, to
waive or modify any administrative
condition it has placed on any of its
Federal transit assistance programs if
the State or local governmental entity
cannot meet the condition because of
the major disaster. This provision does
not, however, allow for the waiver or
modification of any Federal transit
program requirement mandated by
statute, therefore, this rulemaking
would apply only to non-statutory
requirements in FTA regulations and
policies.
II. Background
When a natural or man-made disaster
occurs that results in significant damage
to property and loss of life, such as
Hurricanes Katrina and Rita or the
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events of September 11, 2001, our
nation’s transit systems play a key role
in evacuating people, providing
necessary supplies, and moving
displaced families and relief personnel
to and from the area. In the aftermath of
Hurricanes Katrina and Rita, FTA
received numerous requests for relief
from policy statements, circulars,
guidance documents and regulations,
from transit agencies in the immediate
disaster zone as well as transit agencies
receiving evacuees. In order to ensure
consistent responses to similar requests,
FTA regional offices had to forward all
requests to headquarters, which then
reviewed the request and sent a message
back to the regional office. This was a
time-consuming process that resulted in
delayed responses to requests for relief.
Therefore, FTA believes it is necessary
to establish a process by which we can
quickly and efficiently handle requests
for relief from Federal requirements that
are directly related to the effects of a
national or regional emergency, such as
Hurricanes Katrina and Rita. FTA
recognizes that these types of petitions
must be afforded special consideration
and must be handled expeditiously in
order to ensure that the safety of the
public and the safety of those
individuals and businesses providing
aid are immediately addressed.
This NPRM would establish an
Emergency Relief Docket within two
business days of an emergency or
disaster declaration in which it appears
transit agencies are or will be impacted.
In the event emergencies can be
foreseen, such as hurricanes, FTA
proposes setting up such a docket in
advance of the event, so that emergency
evacuation and other services can occur
in a timely manner. FTA would place a
message on its Web page (https://
www.fta.dot.gov) indicating an
Emergency Relief Docket has been
established and including the docket
number. Any person would be able to
petition the Administrator for temporary
relief from administrative requirements.
The petition would be conditionally
granted for three (3) business days,
during which time anyone could
provide comments on the petition. FTA
would then post a decision to the
Emergency Relief Docket.
In some instances, grantees or
subrecipients may not have access to
electronic means by which to request
relief. In those situations, FTA proposes
to allow the grantee or subrecipient to
contact any FTA regional office and ask
the office to submit a request for relief
on its behalf. Further, in the event a
State’s subrecipient is impacted by an
emergency, the State may request relief
on behalf of the subrecipient, even if the
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State (as the recipient) is not impacted
by the emergency.
FTA believes this new emergency
procedure would provide the agency
with the ability to promptly and
effectively address relief requests, while
ensuring that the public and all
interested parties are afforded proper
notice of any such requests and are
provided a sufficient opportunity to
comment. FTA notes that these
procedures would apply to policy
statements, circulars, guidance
documents and non-statutory
requirements in regulations only, as
FTA does not have the authority to
waive statutory requirements.
In addition, FTA cannot
independently waive regulations
promulgated by the U.S. Department of
Transportation (DOT). If a grantee
needed relief from DOT regulations,
such as the Americans with Disabilities
Act (49 CFR part 37) or the Common
Grant Rule (49 CFR part 18), the grantee
would submit a request for relief to
FTA’s Emergency Relief Docket in the
same manner it would request relief
from FTA regulations. FTA would then
work with DOT to process the petition
for relief, including a request for a
hearing, if any. Once DOT provides a
response, FTA would post the response
to the docket and the same review
procedures would apply.
The proposed emergency procedures
would establish FTA’s criteria for
requesting relief and would only be
used to address petitions for relief that
FTA determines are directly related to a
Presidential declaration of a national or
regional emergency, or anticipation of
such a declaration, such as Hurricanes
Katrina and Rita, or the events of
September 11, 2001. FTA seeks
comment on whether a State Governor’s
declaration of an emergency should also
trigger these emergency relief
procedures.
As FTA responds to emergencies,
trends emerge as to the types of relief
requests we are likely to receive. FTA
seeks comment on whether it would be
helpful, when opening an emergency
relief docket, for FTA to proactively
extend relief from certain policies,
circulars, guidance or regulations to the
geographical area(s) most impacted by
the emergency, rather than waiting for
transit agencies to request relief.
FTA remains mindful that as both
public and private transportation
providers move to expand service to
address the needs of persons affected by
national or regional emergencies, like
Hurricanes Katrina and Rita, it is
important to ensure that private
companies are not placed at a
competitive disadvantage in the
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marketplace. FTA requests public
comment on whether the procedures
contained in this NPRM would provide
the necessary relief while also allowing
the private sector to participate in
transit relief efforts.
Under the proposed relief procedures,
FTA would reserve the right to reopen
any docket and reconsider any decision
on its own initiative or based upon
information or comments received. FTA
requests public comment on whether
the proposed three business day period
is a sufficient amount of time to provide
comments on petitions for relief.
III. Rulemaking Analysis and Notices
Executive Order 12866
This NPRM is nonsignificant for
purposes of Executive Order 12866 and
the Department of Transportation’s
Regulatory Policies and Practices. The
NPRM proposes to establish emergency
procedures and requests for relief from
Federal transit regulations. FTA
requests comment on whether this
rulemaking may have unintended cost
impacts.
Federalism Assessment
This NPRM has been analyzed in
accordance with the principles and
criteria contained in Executive Order
13132 (‘‘Federalism’’). FTA believes this
rule would not impose any
requirements that would have
substantial direct effects on the States,
the relationship between the national
government and the States, or the
distribution of power and
responsibilities among the various
levels of government.
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Executive Order 13175
This NPRM has been analyzed in
accordance with the principles and
criteria contained in Executive Order
13175 (‘‘Consultation and Coordination
with Indian Tribal Governments’’).
Because this NPRM does not have tribal
implications and does not impose direct
compliance costs, the funding and
consultation requirements of Executive
Order 13175 do not apply.
Regulatory Flexibility Act and Executive
Order 13272
Section 603 of the Regulatory
Flexibility Act (RFA) requires an agency
to prepare an initial regulatory
flexibility analysis describing impacts
on small entities whenever an agency is
required by 5 U.S.C. 553 to publish a
general notice of proposed rulemaking
for any proposed rule. Similarly, section
604 of the RFA requires an agency to
prepare a final regulatory flexibility
analysis when an agency issues a final
rule under 5 U.S.C. 553 after being
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required to publish a general notice of
proposed rulemaking. Because this
rulemaking proposes a process by which
small entities may seek relief from
Federal transit requirements, FTA does
not believe this NPRM would have a
significant economic impact on a
substantial number of small entities.
FTA requests public comment on
whether this rulemaking may have
unintended impacts on small entities.
Unfunded Mandates Reform Act of 1995
This rule would not impose unfunded
mandates under the Unfunded
Mandates Reform Act of 1995. It does
not result in costs of $128.1 million or
more, in the aggregate, to any of the
following: State, local, or Native
American tribal governments, or the
private sector.
Paperwork Reduction Act
For the reasons set forth in the
preamble, part 601 of title 49 of the
Code of Federal Regulations is proposed
to be amended as follows:
Add subpart D, consisting of 601.40
through 601.46, to read as follows:
Subpart D—Emergency Procedures for
Public Transportation Systems
Sec.
601.40 Applicability.
601.41 Petitions for relief.
601.42 Emergency relief docket.
601.43 Required information.
601.44 Processing of petitions.
601.45 Request for hearing on petition for
relief.
601.46 Review procedures.
Authority: 49 U.S.C. 5334; 49 CFR 1.51, 42
U.S.C. 5141.
Subpart D—Emergency Procedures for
Public Transportation Systems
§ 601.40
There are no new information
collection requirements in this NPRM.
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
heading of this document may be used
to cross-reference this action with the
Unified Agenda.
44959
General applicability.
This part prescribes procedures that
apply to FTA grantees and subgrantees
when the President has declared a
national or regional emergency, or in
anticipation of such a declaration.
§ 601.41
Petitions for relief.
In the case of a national or regional
emergency or disaster, or in anticipation
of such a disaster, any person may
petition the Administrator for temporary
relief from the provisions of any policy
statement, circular, guidance document
or rule.
Environmental Assessment
§ 601.42
The National Environmental Policy
Act of 1969 (NEPA), as amended (42
U.S.C. 4321–4347), requires Federal
agencies to consider the consequences
of major Federal actions and prepare a
detailed statement on actions
significantly affecting the quality of the
human environment. We find that there
are no significant environmental
impacts associated with this NPRM, but
ask for public comment on this issue.
(a) In an effort to maintain
transparency regarding the approval or
denial of requests for petitions for relief,
FTA will establish an Emergency Relief
docket in the Department’s Docket
Management System (DMS). FTA will
place a message on its Web page (https://
www.fta.dot.gov) indicating an
Emergency Relief Docket has been
established and including the docket
number.
(b) The Emergency Relief Docket will
be established within two business days
of an emergency or disaster declaration
in which it appears FTA grantees or
subgrantees are or will be impacted. In
cases in which emergencies can be
anticipated, such as hurricanes, FTA
will establish an Emergency Relief
Docket in advance of the event. In the
event any person believes an Emergency
Relief Docket should be established and
one has not been so established, that
person may submit a petition in
duplicate to the Administrator, Federal
Transit Administration, 400 Seventh
Street, SW., Washington, DC 20590,
requesting establishment of the docket
and including the information under
§ 601.43 below. The Administrator in
Privacy Act
Anyone is able to search the
electronic form for all comments
received into any of our dockets by the
name of the individual submitting the
comments (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
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78) or you
may visit https://dms.dot.gov.
List of Subjects in 49 CFR Part 601
Administrative Practice and
Procedure; Organization, Functions, and
Procedures.
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Emergency relief docket.
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Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Proposed Rules
his/her sole discretion shall determine
the need for an Emergency Relief
Docket.
(c) All petitions for relief must be
posted in the docket in order to receive
consideration by FTA.
(1) The docket is publicly accessible
and can be accessed 24 hours a day,
seven days a week, via the Internet at
the docket facility’s Web site at https://
dms.dot.gov. Petitions may also be
submitted by U.S. mail or by hand
delivery to the DOT Docket
Management Facility, Room PL–401
(Plaza Level), 400 7th Street, SW.,
Washington, DC 20590.
(2) In the event a person needs to
request immediate relief and does not
have access to electronic means to
request that relief, the person may
contact any FTA regional office and
request that the FTA regional office
submit the petition on their behalf.
(3) Any person submitting petitions
for relief or comments to the docket
must include the agency name (Federal
Transit Administration) and docket
number, which will be assigned at the
time the docket is established. Persons
making submissions by mail or hand
delivery should submit two copies.
(4) Note that all petitions for relief
and comments received will be posted,
without change, to https://dms.dot.gov
including any personal information
provided and will be available to
Internet users.
(5) All documents in this docket are
available for inspection and copying on
the web site or are available for
examination at the DOT Docket
Management Facility during regular
business hours (9 a.m. to 5 p.m. eastern
time).
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§ 601.43
Required Information.
A petition for relief under this section
must:
(a) Identify the grantee or subgrantee
and its geographic location;
(b) Specifically address how the
petition for exemption from FTA policy
statements, circulars, guidance
documents and/or rules is related to the
emergency relief efforts, or how the
grantee or subgrantee is negatively
impacted by the emergency or disaster;
(c) Identify the policy statement,
circular, guidance document and/or rule
from which the petitioner seeks relief;
(d) Specify if the petition for relief is
one-time or ongoing, and if ongoing
identify the time period for which the
relief is in effect. The time period may
not exceed three months, however,
additional time may be requested
through a second petition for relief; and
(e) If relief is sought from charter
service requirements, include a
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certification that the grantee or
subgrantee made good faith efforts to
contact, by whatever means available,
private charter or school bus operators
to determine whether those entities are
willing to provide the service.
Documentation should include the
name and address of the private charter
operator(s), the date the requestor (e.g.,
the transit agency) contacted the
operator(s), and what response the
requestor received. In addition, the
grantee or subgrantee must certify that
it contacted the American Bus
Association (e-mail: abainfo@buses.org,
phone: (202) 842–1645); the United
Motor Coach Association (e-mail:
info@uma.org, phone: (800) 424–8262);
and the National School Transportation
Association (e-mail:
info@yellowbuses.org, phone: (800)
222Z–NSTA).
§ 601.44
Processing of petitions.
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. FTA will review the petition
after the expiration of the three business
days and review any comments
submitted thereto. FTA will 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.
§ 601.45 Request for hearing on petition
for relief.
Parties interested in having a public
hearing on any petition must notify FTA
within three business days of the
posting of the petition for relief in the
Emergency Relief Docket. Upon
receiving such a request, FTA will
immediately arrange for a telephone
conference to occur between all
interested parties as soon as practicable.
FTA may grant a petition for relief prior
to conducting a public hearing if such
action is in the public interest or in
situations where a hearing request is
received after the three business days
has expired. In such an instance, FTA
will immediately notify the party
requesting the public hearing and will
arrange to conduct such hearing as soon
as practicable.
§ 601.46
Review Procedures.
FTA reserves the right to reopen any
docket and reconsider any decision
made pursuant to these emergency
procedures based upon its own
initiative or based upon information or
comments received subsequent to the
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three business day comment period or at
a later scheduled public hearing.
Issued in Washington, DC, this 2nd day of
August 2006.
Sandra K. Bushue,
FTA Deputy Administrator.
[FR Doc. 06–6771 Filed 8–7–06; 8:45 am]
BILLING CODE 4910–57–M
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
Endangered and Threatened Wildlife
and Plants; 90-Day Finding on a
Petition To List the Casey’s June
Beetle (Dinacoma caseyi) as
Endangered
Fish and Wildlife Service,
Interior.
ACTION: Notice of 90-day petition
finding and initiation of status review.
AGENCY:
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), announce a
90-day finding on a petition to list the
Casey’s June beetle (Dinacoma caseyi)
as endangered under the Endangered
Species Act of 1973, as amended (Act).
We find the petition presents substantial
scientific information indicating that
listing the Casey’s June beetle as
endangered may be warranted.
Therefore, with the publication of this
notice, we are initiating a status review,
and we will issue a 12-month finding on
the petition to list the Casey’s June
beetle announcing our determination of
whether listing the species as
endangered is warranted. To ensure that
the status review is comprehensive, we
are soliciting scientific and commercial
information regarding this species.
DATES: The finding announced in this
document was made on August 8, 2006.
To be considered in the 12-month
finding for this petition, comments and
information must be submitted to the
Service by October 10, 2006.
ADDRESSES: If you wish to comment,
you may submit new information,
materials, comments, or questions
concerning this species by any one of
the following methods:
1. You may submit comments and
information to the Field Supervisor,
Carlsbad Fish and Wildlife Office, U.S.
Fish and Wildlife Service, 6010 Hidden
Valley Road, Carlsbad, California 92011.
2. You may hand-deliver written
comments and information to the above
address.
3. You may fax your comments to
760–431–9624.
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Agencies
[Federal Register Volume 71, Number 152 (Tuesday, August 8, 2006)]
[Proposed Rules]
[Pages 44957-44960]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-6771]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
49 CFR Part 601
[Docket FTA-2006-22428]
RIN 2132-AA89
Emergency Procedures for Public Transportation Systems
AGENCY: Federal Transit Administration (FTA), DOT.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: This rulemaking proposes to establish a new subpart in 601 of
Title 49 of the Code of Federal Regulations, to establish emergency
relief procedures for granting relief from Federal transit policy
statements, circulars, guidance documents, and regulations in times of
national or regional emergencies.
DATES: Comment Closing Date: Comments should be submitted by October
10, 2006. Late-filed comments will be considered to the extent
practicable.
ADDRESSES: You may submit comments identified by the docket number
[FTA-2006-22428] by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov.
Follow the online instructions for submitting comments.
Web site: https://dms.dot.gov. Follow the instructions for
submitting comments on the DOT electronic docket site.
Fax: 202-493-2251.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, PL-401,
Washington, DC 20590-0001.
Hand Delivery: Room PL-401 on the plaza level of the Nassif
Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
Instructions: You must include the agency name (Federal Transit
Administration) and Docket number (FTA-2006-22428) or the Regulatory
Identification Number (RIN) for this rulemaking at the beginning of
your comments. You should submit two copies of your comments if you
submit
[[Page 44958]]
them by mail. If you wish to receive confirmation that FTA received
your comments, you must include a self-addressed stamped postcard. Note
that all comments received will be posted without change to https://
dms.dot.gov, including any personal information provided, and will be
available to internet users. Please see the Privacy Act section of this
document.
Docket: For access to the docket to read background documents and
comments received, go to https://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW.,
Washington, DC between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Bonnie L. Graves, Attorney-Advisor,
Legislation and Regulations Division, Office of Chief Counsel, Federal
Transit Administration, 400 Seventh Street, SW., Room 9316, Washington,
DC 20590, phone: (202) 366-4011, fax: (202) 366-3809, or e-mail,
Bonnie.Graves@dot.gov.
SUPPLEMENTARY INFORMATION:
I. Authority for This Rulemaking
In addition to FTA's general rulemaking authority provided under 49
U.S.C. 15334, 42 U.S.C. 5141 (section 301 of the Stafford Act, Pub. L.
92-288, as amended) provides that ``[a]ny Federal agency charged with
the administration of a Federal assistance program may, if so requested
by the applicant State or local authorities, modify or waive, for a
major disaster, such administrative conditions for assistance as would
otherwise prevent the giving of assistance under such programs if the
inability to meet such conditions is a result of the major disaster.''
This section allows FTA, at a State or local governmental entity's
request, to waive or modify any administrative condition it has placed
on any of its Federal transit assistance programs if the State or local
governmental entity cannot meet the condition because of the major
disaster. This provision does not, however, allow for the waiver or
modification of any Federal transit program requirement mandated by
statute, therefore, this rulemaking would apply only to non-statutory
requirements in FTA regulations and policies.
II. Background
When a natural or man-made disaster occurs that results in
significant damage to property and loss of life, such as Hurricanes
Katrina and Rita or the events of September 11, 2001, our nation's
transit systems play a key role in evacuating people, providing
necessary supplies, and moving displaced families and relief personnel
to and from the area. In the aftermath of Hurricanes Katrina and Rita,
FTA received numerous requests for relief from policy statements,
circulars, guidance documents and regulations, from transit agencies in
the immediate disaster zone as well as transit agencies receiving
evacuees. In order to ensure consistent responses to similar requests,
FTA regional offices had to forward all requests to headquarters, which
then reviewed the request and sent a message back to the regional
office. This was a time-consuming process that resulted in delayed
responses to requests for relief. Therefore, FTA believes it is
necessary to establish a process by which we can quickly and
efficiently handle requests for relief from Federal requirements that
are directly related to the effects of a national or regional
emergency, such as Hurricanes Katrina and Rita. FTA recognizes that
these types of petitions must be afforded special consideration and
must be handled expeditiously in order to ensure that the safety of the
public and the safety of those individuals and businesses providing aid
are immediately addressed.
This NPRM would establish an Emergency Relief Docket within two
business days of an emergency or disaster declaration in which it
appears transit agencies are or will be impacted. In the event
emergencies can be foreseen, such as hurricanes, FTA proposes setting
up such a docket in advance of the event, so that emergency evacuation
and other services can occur in a timely manner. FTA would place a
message on its Web page (https://www.fta.dot.gov) indicating an
Emergency Relief Docket has been established and including the docket
number. Any person would be able to petition the Administrator for
temporary relief from administrative requirements. The petition would
be conditionally granted for three (3) business days, during which time
anyone could provide comments on the petition. FTA would then post a
decision to the Emergency Relief Docket.
In some instances, grantees or subrecipients may not have access to
electronic means by which to request relief. In those situations, FTA
proposes to allow the grantee or subrecipient to contact any FTA
regional office and ask the office to submit a request for relief on
its behalf. Further, in the event a State's subrecipient is impacted by
an emergency, the State may request relief on behalf of the
subrecipient, even if the State (as the recipient) is not impacted by
the emergency.
FTA believes this new emergency procedure would provide the agency
with the ability to promptly and effectively address relief requests,
while ensuring that the public and all interested parties are afforded
proper notice of any such requests and are provided a sufficient
opportunity to comment. FTA notes that these procedures would apply to
policy statements, circulars, guidance documents and non-statutory
requirements in regulations only, as FTA does not have the authority to
waive statutory requirements.
In addition, FTA cannot independently waive regulations promulgated
by the U.S. Department of Transportation (DOT). If a grantee needed
relief from DOT regulations, such as the Americans with Disabilities
Act (49 CFR part 37) or the Common Grant Rule (49 CFR part 18), the
grantee would submit a request for relief to FTA's Emergency Relief
Docket in the same manner it would request relief from FTA regulations.
FTA would then work with DOT to process the petition for relief,
including a request for a hearing, if any. Once DOT provides a
response, FTA would post the response to the docket and the same review
procedures would apply.
The proposed emergency procedures would establish FTA's criteria
for requesting relief and would only be used to address petitions for
relief that FTA determines are directly related to a Presidential
declaration of a national or regional emergency, or anticipation of
such a declaration, such as Hurricanes Katrina and Rita, or the events
of September 11, 2001. FTA seeks comment on whether a State Governor's
declaration of an emergency should also trigger these emergency relief
procedures.
As FTA responds to emergencies, trends emerge as to the types of
relief requests we are likely to receive. FTA seeks comment on whether
it would be helpful, when opening an emergency relief docket, for FTA
to proactively extend relief from certain policies, circulars, guidance
or regulations to the geographical area(s) most impacted by the
emergency, rather than waiting for transit agencies to request relief.
FTA remains mindful that as both public and private transportation
providers move to expand service to address the needs of persons
affected by national or regional emergencies, like Hurricanes Katrina
and Rita, it is important to ensure that private companies are not
placed at a competitive disadvantage in the
[[Page 44959]]
marketplace. FTA requests public comment on whether the procedures
contained in this NPRM would provide the necessary relief while also
allowing the private sector to participate in transit relief efforts.
Under the proposed relief procedures, FTA would reserve the right
to reopen any docket and reconsider any decision on its own initiative
or based upon information or comments received. FTA requests public
comment on whether the proposed three business day period is a
sufficient amount of time to provide comments on petitions for relief.
III. Rulemaking Analysis and Notices
Executive Order 12866
This NPRM is nonsignificant for purposes of Executive Order 12866
and the Department of Transportation's Regulatory Policies and
Practices. The NPRM proposes to establish emergency procedures and
requests for relief from Federal transit regulations. FTA requests
comment on whether this rulemaking may have unintended cost impacts.
Federalism Assessment
This NPRM has been analyzed in accordance with the principles and
criteria contained in Executive Order 13132 (``Federalism''). FTA
believes this rule would not impose any requirements that would have
substantial direct effects on the States, the relationship between the
national government and the States, or the distribution of power and
responsibilities among the various levels of government.
Executive Order 13175
This NPRM has been analyzed in accordance with the principles and
criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this NPRM does
not have tribal implications and does not impose direct compliance
costs, the funding and consultation requirements of Executive Order
13175 do not apply.
Regulatory Flexibility Act and Executive Order 13272
Section 603 of the Regulatory Flexibility Act (RFA) requires an
agency to prepare an initial regulatory flexibility analysis describing
impacts on small entities whenever an agency is required by 5 U.S.C.
553 to publish a general notice of proposed rulemaking for any proposed
rule. Similarly, section 604 of the RFA requires an agency to prepare a
final regulatory flexibility analysis when an agency issues a final
rule under 5 U.S.C. 553 after being required to publish a general
notice of proposed rulemaking. Because this rulemaking proposes a
process by which small entities may seek relief from Federal transit
requirements, FTA does not believe this NPRM would have a significant
economic impact on a substantial number of small entities. FTA requests
public comment on whether this rulemaking may have unintended impacts
on small entities.
Unfunded Mandates Reform Act of 1995
This rule would not impose unfunded mandates under the Unfunded
Mandates Reform Act of 1995. It does not result in costs of $128.1
million or more, in the aggregate, to any of the following: State,
local, or Native American tribal governments, or the private sector.
Paperwork Reduction Act
There are no new information collection requirements in this NPRM.
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 heading of
this document may be used to cross-reference this action with the
Unified Agenda.
Environmental Assessment
The National Environmental Policy Act of 1969 (NEPA), as amended
(42 U.S.C. 4321-4347), requires Federal agencies to consider the
consequences of major Federal actions and prepare a detailed statement
on actions significantly affecting the quality of the human
environment. We find that there are no significant environmental
impacts associated with this NPRM, but ask for public comment on this
issue.
Privacy Act
Anyone is able to search the electronic form for all comments
received into any of our dockets by the name of the individual
submitting the comments (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 published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
https://dms.dot.gov.
List of Subjects in 49 CFR Part 601
Administrative Practice and Procedure; Organization, Functions, and
Procedures.
For the reasons set forth in the preamble, part 601 of title 49 of
the Code of Federal Regulations is proposed to be amended as follows:
Add subpart D, consisting of 601.40 through 601.46, to read as
follows:
Subpart D--Emergency Procedures for Public Transportation Systems
Sec.
601.40 Applicability.
601.41 Petitions for relief.
601.42 Emergency relief docket.
601.43 Required information.
601.44 Processing of petitions.
601.45 Request for hearing on petition for relief.
601.46 Review procedures.
Authority: 49 U.S.C. 5334; 49 CFR 1.51, 42 U.S.C. 5141.
Subpart D--Emergency Procedures for Public Transportation Systems
Sec. 601.40 General applicability.
This part prescribes procedures that apply to FTA grantees and
subgrantees when the President has declared a national or regional
emergency, or in anticipation of such a declaration.
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 person 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) In an effort to maintain transparency regarding the approval or
denial of requests for petitions for relief, FTA will establish an
Emergency Relief docket in the Department's Docket Management System
(DMS). FTA will place a message on its Web page (https://
www.fta.dot.gov) indicating an Emergency Relief Docket has been
established and including the docket number.
(b) The Emergency Relief Docket will be established within two
business days of an emergency or disaster declaration in which it
appears FTA grantees or subgrantees are or will be impacted. In cases
in which emergencies can be anticipated, such as hurricanes, FTA will
establish an Emergency Relief Docket in advance of the event. In the
event any person believes an Emergency Relief Docket should be
established and one has not been so established, that person may submit
a petition in duplicate to the Administrator, Federal Transit
Administration, 400 Seventh Street, SW., Washington, DC 20590,
requesting establishment of the docket and including the information
under Sec. 601.43 below. The Administrator in
[[Page 44960]]
his/her sole discretion shall determine the need for an Emergency
Relief Docket.
(c) All petitions for relief must be posted in the docket in order
to receive consideration by FTA.
(1) The docket is publicly accessible and can be accessed 24 hours
a day, seven days a week, via the Internet at the docket facility's Web
site at https://dms.dot.gov. Petitions may also be submitted by U.S.
mail or by hand delivery to the DOT Docket Management Facility, Room
PL-401 (Plaza Level), 400 7th Street, SW., Washington, DC 20590.
(2) In the event a person needs to request immediate relief and
does not have access to electronic means to request that relief, the
person may contact any FTA regional office and request that the FTA
regional office submit the petition on their behalf.
(3) Any person submitting petitions for relief or comments to the
docket must include the agency name (Federal Transit Administration)
and docket number, which will be assigned at the time the docket is
established. Persons making submissions by mail or hand delivery should
submit two copies.
(4) Note that all petitions for relief and comments received will
be posted, without change, to https://dms.dot.gov including any personal
information provided and will be available to Internet users.
(5) All documents in this docket are available for inspection and
copying on the web site or are available for examination at the DOT
Docket Management Facility during regular business hours (9 a.m. to 5
p.m. eastern time).
Sec. 601.43 Required Information.
A petition for relief under this section must:
(a) Identify the grantee or subgrantee and its geographic location;
(b) Specifically address how the petition for exemption from FTA
policy statements, circulars, guidance documents and/or rules is
related to the emergency relief efforts, or how the grantee or
subgrantee is negatively impacted by the emergency or disaster;
(c) Identify the policy statement, circular, guidance document and/
or rule from which the petitioner seeks relief;
(d) Specify if the petition for relief is one-time or ongoing, and
if ongoing identify the time period for which the relief is in effect.
The time period may not exceed three months, however, additional time
may be requested through a second petition for relief; and
(e) If relief is sought from charter service requirements, include
a certification that the grantee or subgrantee made good faith efforts
to contact, by whatever means available, private charter or school bus
operators to determine whether those entities are willing to provide
the service. Documentation should include the name and address of the
private charter operator(s), the date the requestor (e.g., the transit
agency) contacted the operator(s), and what response the requestor
received. In addition, the grantee or subgrantee must certify that it
contacted the American Bus Association (e-mail: abainfo@buses.org,
phone: (202) 842-1645); the United Motor Coach Association (e-mail:
info@uma.org, phone: (800) 424-8262); and the National School
Transportation Association (e-mail: info@yellowbuses.org, phone: (800)
222Z-NSTA).
Sec. 601.44 Processing of petitions.
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. FTA will review the petition after the expiration of the
three business days and review any comments submitted thereto. FTA will
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.
Sec. 601.45 Request for hearing on petition for relief.
Parties interested in having a public hearing on any petition must
notify FTA within three business days of the posting of the petition
for relief in the Emergency Relief Docket. Upon receiving such a
request, FTA will immediately arrange for a telephone conference to
occur between all interested parties as soon as practicable. FTA may
grant a petition for relief prior to conducting a public hearing if
such action is in the public interest or in situations where a hearing
request is received after the three business days has expired. In such
an instance, FTA will immediately notify the party requesting the
public hearing and will arrange to conduct such hearing as soon as
practicable.
Sec. 601.46 Review Procedures.
FTA reserves the right to reopen any docket and reconsider any
decision made pursuant to these emergency procedures based upon its own
initiative or based upon information or comments received subsequent to
the three business day comment period or at a later scheduled public
hearing.
Issued in Washington, DC, this 2nd day of August 2006.
Sandra K. Bushue,
FTA Deputy Administrator.
[FR Doc. 06-6771 Filed 8-7-06; 8:45 am]
BILLING CODE 4910-57-M