Notice of Establishment of Emergency Relief Docket for Calendar Year 2020, 2490-2491 [2020-00539]
Download as PDF
<![CDATA[
2490
Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Notices
• Website: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: Docket Operations Facility,
U.S. Department of Transportation, 1200
New Jersey Ave. SE, W12–140,
Washington, DC 20590.
• Hand Delivery: 1200 New Jersey
Ave. SE, Room W12–140, Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
Holidays.
Communications received by March
2, 2020 will be considered by FRA
before final action is taken. Comments
received after that date will be
considered if practicable.
Anyone can search the electronic
form of any written communications
and comments received into any of our
dockets by the name of the individual
submitting the comment (or signing the
document, if submitted on behalf of an
association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits
comments from the public to better
inform its processes. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://
www.transportation.gov/privacy. See
also https://www.regulations.gov/
privacyNotice for the privacy notice of
regulations.gov.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety,
Chief Safety Officer.
[FR Doc. 2020–00499 Filed 1–14–20; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket FTA–2020–0001]
Notice of Establishment of Emergency
Relief Docket for Calendar Year 2020
Federal Transit Administration
(FTA), DOT.
ACTION: Notice.
AGENCY:
By this notice, the Federal
Transit Administration (FTA) is
establishing an Emergency Relief Docket
for calendar year 2020, so that grantees
and subgrantees affected by a national
or regional emergency or disaster may
request temporary relief from FTA
administrative and statutory
requirements.
FOR FURTHER INFORMATION CONTACT:
Bonnie L. Graves, Attorney-Advisor,
jbell on DSKJLSW7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:18 Jan 14, 2020
Jkt 250001
Office of Chief Counsel, Federal Transit
Administration, 90 Seventh Street, Ste.
15–300, San Francisco, CA 94103;
phone: (202) 366–0944, fax: (415) 734–
9489, or email, Bonnie.Graves@dot.gov.
SUPPLEMENTARY INFORMATION: Pursuant
to 49 CFR 601.42, FTA is establishing
the Emergency Relief Docket for
calendar year 2020. In the case of a
national or regional emergency or
disaster, or in anticipation of such an
event, when FTA requirements impede
a grantee or subgrantee’s ability to
respond to the emergency or disaster, a
grantee or subgrantee may submit a
request for relief from specific FTA
requirements.
If FTA determines that a national or
regional emergency or disaster has
occurred, or in anticipation of such an
event, FTA will place a message on its
web page (https://www.transit.dot.gov)
indicating that the Emergency Relief
Docket has been opened and including
the docket number.
All petitions for relief from FTA
administrative or statutory requirements
must be posted in the docket in order to
receive consideration by FTA. The
docket is publicly available and can be
accessed 24 hours a day, seven days a
week, via the internet at
www.regulations.gov. Any grantee or
subgrantee submitting petitions for
relief or comments to the docket must
include the agency name (Federal
Transit Administration) and docket
number FTA–2020–0001.
Interested parties may consult 49 CFR
601, subpart D for information on FTA’s
emergency procedures for public
transportation systems. FTA strongly
encourages grantees and subgrantees to
contact their FTA regional office and
notify FTA of the intent to submit a
petition to the docket.
A grantee or subgrantee seeking relief
has three avenues for submitting a
petition. First, a grantee or subgrantee
may submit a petition for waiver of FTA
requirements to www.regulations.gov,
for posting in the docket (FTA–2020–
0001). Alternatively, a grantee or
subgrantee may submit a petition in
duplicate (two copies) to the FTA
Administrator, via U.S. mail or hand
delivery to Federal Transit
Administration, 1200 New Jersey Ave.
SE, Washington, DC 20590; via fax to
(202) 366–3472; or via email to
Bonnie.Graves@dot.gov; or via U.S. mail
or hand delivery to the DOT Docket
Management Facility, 1200 New Jersey
Ave. SE, Room W12–140, Washington,
DC 20590. Thirdly, in the event that a
grantee or subgrantee needs to request
immediate relief and does not have
access to electronic means to request
PO 00000
Frm 00108
Fmt 4703
Sfmt 4703
that relief, the grantee or subgrantee
may contact any FTA regional office or
FTA headquarters and request that FTA
staff submit the petition on its behalf.
Federal public transportation law at
49 U.S.C. 5324(d) provides that a grant
awarded under Section 5324, or under
49 U.S.C. 5307 or 49 U.S.C. 5311, that
is made to address an emergency shall
be subject to the terms and conditions
the Secretary determines are necessary.
This language allows FTA to waive
certain statutory, as well as
administrative, requirements. An FTA
grantee or subgrantee receiving financial
assistance under 49 U.S.C. 5324, 5307,
or 5311 that is affected by a national or
regional emergency or disaster may
request a waiver of provisions of
Chapter 53 of Title 49 of the United
States Code in connection with such
financial assistance, when a grantee or
subgrantee demonstrates that the
requirement(s) will limit a grantee’s or
subgrantee’s ability to respond to a
national or regional emergency or
disaster.
Pursuant to 49 CFR 601.42, a grantee
or subgrantee must include certain
information when requesting a waiver of
statutory or administrative
requirements. A petition for relief shall:
(a) Include the agency name (Federal
Transit Administration) and docket
number FTA–2020–0001;
(b) Identify the grantee or subgrantee
and its geographic location;
(c) Identify the section of Chapter 53
of Title 49 of the United States Code, or
the portion of an FTA policy statement,
circular, guidance document or rule,
from which the grantee or subgrantee
seeks relief;
(d) Specifically address how a
requirement in Chapter 53 of Title 49 of
the United States Code, or an FTA
requirement in a policy statement,
circular, agency guidance or rule, will
limit a grantee’s or subgrantee’s ability
to respond to a national or regional
emergency or disaster; and
(e) Specify if the petition for relief is
one-time or ongoing, and if ongoing
identify the time period for which the
relief is requested. The time period may
not exceed three months; however,
additional time may be requested
through a second petition for relief.
Pursuant to 49 CFR 601.46, a petition
for relief from administrative
requirements will be conditionally
granted for a period of three (3) business
days from the date it is submitted to the
Emergency Relief Docket. FTA will
review the petition after the expiration
of the three business days and review
any comments submitted regarding the
petition. FTA may contact the grantee or
subgrantee that submitted the request
E:\FR\FM\15JAN1.SGM
15JAN1
Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Notices
jbell on DSKJLSW7X2PROD with NOTICES
for relief, or any party that submits
comments to the docket, to obtain more
information prior to making a decision.
FTA shall then post a decision to the
Emergency Relief Docket. FTA’s
decision will be based on whether the
petition meets the criteria for use of
these emergency procedures, the
substance of the request, and any
comments submitted regarding the
petition. If FTA does not respond to the
request for relief to the docket within
three business days, the grantee or
subgrantee may assume its petition is
granted for a period not to exceed three
months until and unless FTA states
otherwise.
A petition for relief from statutory
requirements will not be conditionally
granted and requires a written decision
from the FTA Administrator.
An FTA decision letter, either
granting or denying a petition, shall be
posted in the Emergency Relief Docket
and shall reference the document
number of the petition to which it
VerDate Sep<11>2014
17:18 Jan 14, 2020
Jkt 250001
relates. FTA reserves the right to
reconsider any decision made pursuant
to these emergency procedures based
upon its own initiative, based upon
information or comments received
subsequent to the three business day
comment period, or at the request of a
grantee or subgrantee upon denial of a
request for relief. FTA shall notify the
grantee or subgrantee if FTA plans to
reconsider a decision.
Pursuant to FTA’s Charter Rule at 49
CFR 604.2(f), grantees and subgrantees
may assist with evacuations or other
movement of people that might
otherwise be considered charter
transportation when that transportation
is in response to an emergency declared
by the President, governor or mayor, or
in an emergency requiring immediate
action prior to a formal declaration,
even if a formal declaration of an
emergency is not eventually made by
the President, governor or mayor.
Therefore, a request for relief is not
PO 00000
Frm 00109
Fmt 4703
Sfmt 9990
2491
necessary in order to provide this
service. However, if the emergency lasts
more than 45 calendar days and the
grantee will continue to provide service
that would otherwise be considered
charter service, the grantee or
subgrantee shall follow the procedures
set out in this notice.
The contents of this document do not
have the force and effect of law and are
not meant to bind the public in any
way. This document is intended only to
provide clarity to the public regarding
existing requirements under the law or
agency policies. Grantees and
subgrantees should refer to FTA’s
regulations, including 49 CFR 601, for
requirements for submitting a request
for emergency relief.
Issued in Washington, DC.
K. Jane Williams,
Acting Administrator.
[FR Doc. 2020–00539 Filed 1–14–20; 8:45 am]
BILLING CODE P
E:\FR\FM\15JAN1.SGM
15JAN1
]]>Agencies
[Federal Register Volume 85, Number 10 (Wednesday, January 15, 2020)]
[Notices]
[Pages 2490-2491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00539]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket FTA-2020-0001]
Notice of Establishment of Emergency Relief Docket for Calendar
Year 2020
AGENCY: Federal Transit Administration (FTA), DOT.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: By this notice, the Federal Transit Administration (FTA) is
establishing an Emergency Relief Docket for calendar year 2020, so that
grantees and subgrantees affected by a national or regional emergency
or disaster may request temporary relief from FTA administrative and
statutory requirements.
FOR FURTHER INFORMATION CONTACT: Bonnie L. Graves, Attorney-Advisor,
Office of Chief Counsel, Federal Transit Administration, 90 Seventh
Street, Ste. 15-300, San Francisco, CA 94103; phone: (202) 366-0944,
fax: (415) 734-9489, or email, [email protected].
SUPPLEMENTARY INFORMATION: Pursuant to 49 CFR 601.42, FTA is
establishing the Emergency Relief Docket for calendar year 2020. In the
case of a national or regional emergency or disaster, or in
anticipation of such an event, when FTA requirements impede a grantee
or subgrantee's ability to respond to the emergency or disaster, a
grantee or subgrantee may submit a request for relief from specific FTA
requirements.
If FTA determines that a national or regional emergency or disaster
has occurred, or in anticipation of such an event, FTA will place a
message on its web page (https://www.transit.dot.gov) indicating that
the Emergency Relief Docket has been opened and including the docket
number.
All petitions for relief from FTA administrative or statutory
requirements must be posted in the docket in order to receive
consideration by FTA. The docket is publicly available and can be
accessed 24 hours a day, seven days a week, via the internet at
www.regulations.gov. Any grantee or subgrantee submitting petitions for
relief or comments to the docket must include the agency name (Federal
Transit Administration) and docket number FTA-2020-0001.
Interested parties may consult 49 CFR 601, subpart D for
information on FTA's emergency procedures for public transportation
systems. FTA strongly encourages grantees and subgrantees to contact
their FTA regional office and notify FTA of the intent to submit a
petition to the docket.
A grantee or subgrantee seeking relief has three avenues for
submitting a petition. First, a grantee or subgrantee may submit a
petition for waiver of FTA requirements to www.regulations.gov, for
posting in the docket (FTA-2020-0001). Alternatively, a grantee or
subgrantee may submit a petition in duplicate (two copies) to the FTA
Administrator, via U.S. mail or hand delivery to Federal Transit
Administration, 1200 New Jersey Ave. SE, Washington, DC 20590; via fax
to (202) 366-3472; or via email to [email protected]; or via U.S.
mail or hand delivery to the DOT Docket Management Facility, 1200 New
Jersey Ave. SE, Room W12-140, Washington, DC 20590. Thirdly, in the
event that a grantee or subgrantee needs to request immediate relief
and does not have access to electronic means to request that relief,
the grantee or subgrantee may contact any FTA regional office or FTA
headquarters and request that FTA staff submit the petition on its
behalf.
Federal public transportation law at 49 U.S.C. 5324(d) provides
that a grant awarded under Section 5324, or under 49 U.S.C. 5307 or 49
U.S.C. 5311, that is made to address an emergency shall be subject to
the terms and conditions the Secretary determines are necessary. This
language allows FTA to waive certain statutory, as well as
administrative, requirements. An FTA grantee or subgrantee receiving
financial assistance under 49 U.S.C. 5324, 5307, or 5311 that is
affected by a national or regional emergency or disaster may request a
waiver of provisions of Chapter 53 of Title 49 of the United States
Code in connection with such financial assistance, when a grantee or
subgrantee demonstrates that the requirement(s) will limit a grantee's
or subgrantee's ability to respond to a national or regional emergency
or disaster.
Pursuant to 49 CFR 601.42, a grantee or subgrantee must include
certain information when requesting a waiver of statutory or
administrative requirements. A petition for relief shall:
(a) Include the agency name (Federal Transit Administration) and
docket number FTA-2020-0001;
(b) Identify the grantee or subgrantee and its geographic location;
(c) Identify the section of Chapter 53 of Title 49 of the United
States Code, or the portion of an FTA policy statement, circular,
guidance document or rule, from which the grantee or subgrantee seeks
relief;
(d) Specifically address how a requirement in Chapter 53 of Title
49 of the United States Code, or an FTA requirement in a policy
statement, circular, agency guidance or rule, will limit a grantee's or
subgrantee's ability to respond to a national or regional emergency or
disaster; and
(e) Specify if the petition for relief is one-time or ongoing, and
if ongoing identify the time period for which the relief is requested.
The time period may not exceed three months; however, additional time
may be requested through a second petition for relief.
Pursuant to 49 CFR 601.46, a petition for relief from
administrative requirements will be conditionally granted for a period
of three (3) business days from the date it is submitted to the
Emergency Relief Docket. FTA will review the petition after the
expiration of the three business days and review any comments submitted
regarding the petition. FTA may contact the grantee or subgrantee that
submitted the request
[[Page 2491]]
for relief, or any party that submits comments to the docket, to obtain
more information prior to making a decision. FTA shall then post a
decision to the Emergency Relief Docket. FTA's decision will be based
on whether the petition meets the criteria for use of these emergency
procedures, the substance of the request, and any comments submitted
regarding the petition. If FTA does not respond to the request for
relief to the docket within three business days, the grantee or
subgrantee may assume its petition is granted for a period not to
exceed three months until and unless FTA states otherwise.
A petition for relief from statutory requirements will not be
conditionally granted and requires a written decision from the FTA
Administrator.
An FTA decision letter, either granting or denying a petition,
shall be posted in the Emergency Relief Docket and shall reference the
document number of the petition to which it relates. FTA reserves the
right to reconsider any decision made pursuant to these emergency
procedures based upon its own initiative, based upon information or
comments received subsequent to the three business day comment period,
or at the request of a grantee or subgrantee upon denial of a request
for relief. FTA shall notify the grantee or subgrantee if FTA plans to
reconsider a decision.
Pursuant to FTA's Charter Rule at 49 CFR 604.2(f), grantees and
subgrantees may assist with evacuations or other movement of people
that might otherwise be considered charter transportation when that
transportation is in response to an emergency declared by the
President, governor or mayor, or in an emergency requiring immediate
action prior to a formal declaration, even if a formal declaration of
an emergency is not eventually made by the President, governor or
mayor. Therefore, a request for relief is not necessary in order to
provide this service. However, if the emergency lasts more than 45
calendar days and the grantee will continue to provide service that
would otherwise be considered charter service, the grantee or
subgrantee shall follow the procedures set out in this notice.
The contents of this document do not have the force and effect of
law and are not meant to bind the public in any way. This document is
intended only to provide clarity to the public regarding existing
requirements under the law or agency policies. Grantees and subgrantees
should refer to FTA's regulations, including 49 CFR 601, for
requirements for submitting a request for emergency relief.
Issued in Washington, DC.
K. Jane Williams,
Acting Administrator.
[FR Doc. 2020-00539 Filed 1-14-20; 8:45 am]
BILLING CODE P
