Notice of Establishment of Emergency Relief Docket for Calendar Year 2021, 702-704 [2020-29252]
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Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Notices
level of safety that is equivalent to, or
greater than, the level that would be
achieved absent such exemption. The
statute also allows the Agency to renew
exemptions at the end of the 5-year
period. FMCSA grants medical
exemptions from the FMCSRs for a 2year period to align with the maximum
duration of a driver’s medical
certification.
The physical qualification standard
for drivers regarding epilepsy found in
49 CFR 391.41(b)(8) states that a person
is physically qualified to drive a CMV
if that person has no established
medical history or clinical diagnosis of
epilepsy or any other condition which
is likely to cause the loss of
consciousness or any loss of ability to
control a CMV.
In addition to the regulations, FMCSA
has published advisory criteria 1 to
assist medical examiners in determining
whether drivers with certain medical
conditions are qualified to operate a
CMV in interstate commerce.
The 10 individuals listed in this
notice have requested renewal of their
exemptions from the epilepsy and
seizure disorders prohibition in
§ 391.41(b)(8), in accordance with
FMCSA procedures. Accordingly,
FMCSA has evaluated these
applications for renewal on their merits
and decided to extend each exemption
for a renewable 2-year period.
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III. Request for Comments
Interested parties or organizations
possessing information that would
otherwise show that any, or all, of these
drivers are not currently achieving the
statutory level of safety should
immediately notify FMCSA. The
Agency will evaluate any adverse
evidence submitted and, if safety is
being compromised or if continuation of
the exemption would not be consistent
with the goals and objectives of 49
U.S.C. 31136(e) and 31315(b), FMCSA
will take immediate steps to revoke the
exemption of a driver.
IV. Basis for Renewing Exemptions
In accordance with 49 U.S.C. 31136(e)
and 31315(b), each of the 10 applicants
has satisfied the renewal conditions for
obtaining an exemption from the
epilepsy and seizure disorders
prohibition. The 10 drivers in this
notice remain in good standing with the
Agency, have maintained their medical
monitoring and have not exhibited any
1 These criteria may be found in APPENDIX A TO
PART 391—MEDICAL ADVISORY CRITERIA,
section H. Epilepsy: § 391.41(b)(8), paragraphs 3, 4,
and 5, which is available on the internet at https://
www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/
CFR-2015-title49-vol5-part391-appA.pdf.
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medical issues that would compromise
their ability to safely operate a CMV
during the previous 2-year exemption
period. In addition, for Commercial
Driver’s License (CDL) holders, the
Commercial Driver’s License
Information System and the Motor
Carrier Management Information System
are searched for crash and violation
data. For non-CDL holders, the Agency
reviews the driving records from the
State Driver’s Licensing Agency. These
factors provide an adequate basis for
predicting each driver’s ability to
continue to safely operate a CMV in
interstate commerce. Therefore, FMCSA
concludes that extending the exemption
for each renewal applicant for a period
of 2 years is likely to achieve a level of
safety equal to that existing without the
exemption.
In accordance with 49 U.S.C. 31136(e)
and 31315(b), the following groups of
drivers received renewed exemptions in
the month of January and are discussed
below.
As of January 1, 2021, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following eight
individuals have satisfied the renewal
conditions for obtaining an exemption
from the epilepsy and seizure disorders
prohibition in the FMCSRs for interstate
CMV drivers:
Scott D. Engelman (PA)
Scott I. Habeck (SD)
Todd W. Hines (OH)
Jordan M. Hyster (OH)
Everett J. Letourneau (ND)
Scott A. Ready, Sr. (WI)
Douglas J. Simms, Jr. (NC)
Ronald E. Wagner (OH)
The drivers were included in docket
number FMCSA–2015–0323, FMCSA–
2016–0007, FMCSA–2016–0008,
FMCSA–2018–0051, FMCSA–2018–
0052, and FMCSA–2018–0056. Their
exemptions are applicable as of January
1, 2021, and will expire on January 1,
2023.
As of January 1, 2021, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following two individuals
have satisfied the renewal conditions for
obtaining an exemption from the
epilepsy and seizure disorders
prohibition in the FMCSRs for interstate
CMV drivers:
Brian Porter (PA)
Michael W. Thomas (KS)
The drivers were included in docket
number FMCSA–2006–25854 and
FMCSA–2010–0203. Their exemptions
are applicable as of January 15, 2021,
and will expire on January 15, 2023.
V. Conditions and Requirements
The exemptions are extended subject
to the following conditions: (1) Each
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driver must remain seizure-free and
maintain a stable treatment during the
2-year exemption period; (2) each driver
must submit annual reports from their
treating physicians attesting to the
stability of treatment and that the driver
has remained seizure-free; (3) each
driver must undergo an annual medical
examination by a certified ME, as
defined by § 390.5; and (4) each driver
must provide a copy of the annual
medical certification to the employer for
retention in the driver’s qualification
file, or keep a copy of his/her driver’s
qualification file if he/she is selfemployed. The driver must also have a
copy of the exemption when driving, for
presentation to a duly authorized
Federal, State, or local enforcement
official. The exemption will be
rescinded if: (1) The person fails to
comply with the terms and conditions
of the exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained before it was granted; or
(3) continuation of the exemption would
not be consistent with the goals and
objectives of 49 U.S.C. 31136(e) and
31315(b).
VI. Preemption
During the period the exemption is in
effect, no State shall enforce any law or
regulation that conflicts with this
exemption with respect to a person
operating under the exemption.
VII. Conclusion
Based on its evaluation of the 10
exemption applications, FMCSA renews
the exemptions of the aforementioned
drivers from the epilepsy and seizure
disorders prohibition in § 391.41(b)(8).
In accordance with 49 U.S.C. 31136(e)
and 31315(b), each exemption will be
valid for 2 years unless revoked earlier
by FMCSA.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020–29258 Filed 1–5–21; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket FTA–2021–0001]
Notice of Establishment of Emergency
Relief Docket for Calendar Year 2021
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 2021, so that grant
SUMMARY:
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06JAN1
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Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Notices
recipients and sub-recipients 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, Bonnie.Graves@dot.gov.
SUPPLEMENTARY INFORMATION:
Pursuant to 49 CFR 601.42, FTA is
establishing the Emergency Relief
Docket for calendar year 2021. In the
case of a national or regional emergency
or disaster, or in anticipation of such an
event, when FTA requirements impede
a recipient or sub-recipient’s ability to
respond to the emergency or disaster, a
recipient or sub-recipient 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 recipient or
sub-recipient submitting petitions for
relief or comments to the docket must
include the agency name (Federal
Transit Administration) and docket
number FTA–2021–0001.
Interested parties may consult 49 CFR
part 601, subpart D for information on
FTA’s emergency procedures for public
transportation systems. FTA strongly
encourages recipients and subrecipients to contact their FTA regional
office and notify FTA of the intent to
submit a petition to the docket.
A recipient or sub-recipient seeking
relief has three avenues for submitting
a petition. First, a recipient or subrecipient may submit a petition for
waiver of FTA requirements to
www.regulations.gov, for posting in the
docket (FTA–2021–0001). Alternatively,
a recipient or sub-recipient 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
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19:08 Jan 05, 2021
Jkt 253001
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
recipient or sub-recipient needs to
request immediate relief and does not
have access to electronic means to
request that relief, the recipient or subrecipient 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
recipient or sub-recipient 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
recipient or sub-recipient demonstrates
that the requirement(s) will limit a
recipient’s or sub-recipient’s ability to
respond to a national or regional
emergency or disaster.
Pursuant to 49 CFR 601.42, a recipient
or sub-recipient 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–2021–0001;
(b) Identify the recipient or subrecipient 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 recipient or subrecipient 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 recipient’s or sub-recipient’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
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703
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 recipient
or sub-recipient that submitted the
request 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 recipient or
sub-recipient 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. Further,
recipients seeking a waiver from Buy
America requirements must follow the
procedures in 49 CFR part 661. Buy
America waivers will not be granted
through the Emergency Relief Docket.
An FTA decision, 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 recipient or subrecipient upon denial of a request for
relief. FTA shall notify the recipient or
sub-recipient if FTA plans to reconsider
a decision.
Pursuant to FTA’s Charter Rule at 49
CFR 604.2(f), recipients and subrecipients 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
recipient will continue to provide
service that would otherwise be
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Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Notices
considered charter service, the recipient
or sub-recipient 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. Recipients and subrecipients should refer to FTA’s
regulations, including 49 CFR part 601,
for requirements for submitting a
request for emergency relief.
Issued in Washington, DC.
K. Jane Williams,
Deputy Administrator.
[FR Doc. 2020–29252 Filed 1–5–21; 8:45 am]
BILLING CODE P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Proposed Collection; Form 15227
Internal Revenue Service (IRS),
Treasury.
AGENCY:
ACTION:
Notice; supplement.
The IRS published a
document in the Federal Register on
September 8, 2020, concerning requests
for comments on Form 15227. This form
does not require an Office of
Management and Budget (OMB) control
number, further public comments are
not being solicited.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
should be directed to Martha R. Brinson,
at (202) 317–5753, or at Internal
Revenue Service, Room 6526, 1111
Constitution Avenue NW, Washington,
DC 20224, or through the internet at
Martha.R.Brinson@irs.gov.
The IRS
published a document at 85 FR 55579
in the Federal Register of September 8,
2020, concerning requests for comments
on Form 15227. Under 5 CFR
1320.3(h)(1), the form does not require
an OMB control number, further public
comments are not being solicited.
jbell on DSKJLSW7X2PROD with NOTICES
SUPPLEMENTARY INFORMATION:
Approved: December 16, 2020.
Chakinna B. Clemons,
Supervisory Tax Analyst.
[FR Doc. 2020–28145 Filed 1–5–21; 8:45 am]
BILLING CODE 4830–01–P
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19:08 Jan 05, 2021
Jkt 253001
DEPARTMENT OF THE TREASURY
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; Internal
Revenue Service Request for the
Annual Return/Report of Employee
Benefit Plan
Departmental Offices,
Department of the Treasury.
ACTION: Notice.
AGENCY:
The Department of the
Treasury will submit the following
information collection requests to the
Office of Management and Budget
(OMB) for review and clearance in
accordance with the Paperwork
Reduction Act of 1995, on or after the
date of publication of this notice. The
public is invited to submit comments on
these requests.
DATES: Comments should be received on
or before February 5, 2021 to be assured
of consideration.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT:
Copies of the submissions may be
obtained from Molly Stasko by emailing
PRA@treasury.gov, calling (202) 622–
8922, or viewing the entire information
collection request at www.reginfo.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Internal Revenue Service (IRS)
Title: Annual Return/Report of
Employee Benefit Plan.
OMB Control Number: 1545–1610.
Type of Review: Revision of a
currently approved collection.
Description: The Annual Return/
Report of Employee Benefit Plan is an
annual information return filed by
employee benefit plans. The IRS uses
this information for a variety of matters,
including ascertainment whether a
qualified retirement plan appears to
conform to requirements under the
Internal Revenue Code or whether the
plan should be audited for compliance.
Form 5500–EZ (OMB Number: 1545–
0956) is an annual return filed by a one
participant (owners/partners and their
spouses) retirement plan or a foreign
plan to satisfy certain annual reporting
and filing requirements imposed by the
Internal Revenue Code (Code). The IRS
uses this data to determine if the plan
appears to be operating properly as
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required under the Code or whether the
plan should be audited. The revisions to
the collection are: not releasing Form
5500–SUP; adding a checkbox to Form
5500, 5500–SF, and Form 5500–EZ for
an initial plan retroactively adopted as
permitted by SECURE Act section 201;
and adding checkboxes for an extension
of time to Form 5500–EZ.
Form: 5500 and Schedules.
Affected Public: Businesses or other
for-profit organization, Individuals and
Households, and Not-for-profit
institutions.
Estimated Number of Respondents:
929,000.
Frequency of Response: Annually.
Estimated Total Number of Annual
Responses: 929,000.
Estimated Total Annual Burden
Hours: 934,830 hours.
Authority: 44 U.S.C. 3501 et seq.
Dated: December 31, 2020.
Molly Stasko,
Treasury PRA Clearance Officer.
[FR Doc. 2020–29304 Filed 1–5–21; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF VETERANS
AFFAIRS
Joint Biomedical Laboratory Research
and Development and Clinical Science
Research and Development Services
Scientific Merit Review Board, Notice
of Meeting
The Department of Veterans Affairs
(VA) gives notice under Federal
Advisory Committee Act, 5 U.S.C.
App.2, that a meeting of the Joint
Biomedical Laboratory Research and
Development and Clinical Science
Research and Development Services
Scientific Merit Review Board (JBL/CS
SMRB) will be held Wednesday, January
21, 2021, via WebEx. The meeting will
begin at 3:00 p.m. and end at 5:00 p.m.
Eastern daylight time. The meeting will
have an open session from 3:00 p.m.
until 3:30 p.m. and a closed session
from 3:30 p.m. until 5:00 p.m.
The JBL/CS provides expert review of
the scientific quality, budget, safety and
mission-relevance of investigatorinitiated research applications
submitted for VA merit review
consideration and to offer advice for
research program officials on program
priorities and policies.
The purpose of the open session is to
meet with the JBL/CS Service Directors
to discuss the overall policies and
process for scientific review, as well as
disseminate information among the
Board members regarding the VA
research priorities.
E:\FR\FM\06JAN1.SGM
06JAN1
Agencies
[Federal Register Volume 86, Number 3 (Wednesday, January 6, 2021)]
[Notices]
[Pages 702-704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-29252]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket FTA-2021-0001]
Notice of Establishment of Emergency Relief Docket for Calendar
Year 2021
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 2021, so that
grant
[[Page 703]]
recipients and sub-recipients 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 2021. In the case of a national or regional
emergency or disaster, or in anticipation of such an event, when FTA
requirements impede a recipient or sub-recipient's ability to respond
to the emergency or disaster, a recipient or sub-recipient 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 recipient or sub-recipient submitting
petitions for relief or comments to the docket must include the agency
name (Federal Transit Administration) and docket number FTA-2021-0001.
Interested parties may consult 49 CFR part 601, subpart D for
information on FTA's emergency procedures for public transportation
systems. FTA strongly encourages recipients and sub-recipients to
contact their FTA regional office and notify FTA of the intent to
submit a petition to the docket.
A recipient or sub-recipient seeking relief has three avenues for
submitting a petition. First, a recipient or sub-recipient may submit a
petition for waiver of FTA requirements to www.regulations.gov, for
posting in the docket (FTA-2021-0001). Alternatively, a recipient or
sub-recipient 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 recipient or sub-recipient needs to request immediate
relief and does not have access to electronic means to request that
relief, the recipient or sub-recipient 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 recipient or sub-recipient
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 recipient or
sub-recipient demonstrates that the requirement(s) will limit a
recipient's or sub-recipient's ability to respond to a national or
regional emergency or disaster.
Pursuant to 49 CFR 601.42, a recipient or sub-recipient 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-2021-0001;
(b) Identify the recipient or sub-recipient 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 recipient or sub-recipient
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 recipient's
or sub-recipient'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 recipient or sub-recipient
that submitted the request 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 recipient or sub-recipient 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. Further, recipients seeking a waiver from Buy America
requirements must follow the procedures in 49 CFR part 661. Buy America
waivers will not be granted through the Emergency Relief Docket.
An FTA decision, 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 recipient or sub-recipient upon denial of a request for
relief. FTA shall notify the recipient or sub-recipient if FTA plans to
reconsider a decision.
Pursuant to FTA's Charter Rule at 49 CFR 604.2(f), recipients and
sub-recipients 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 recipient will continue to provide service that
would otherwise be
[[Page 704]]
considered charter service, the recipient or sub-recipient 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. Recipients and sub-
recipients should refer to FTA's regulations, including 49 CFR part
601, for requirements for submitting a request for emergency relief.
Issued in Washington, DC.
K. Jane Williams,
Deputy Administrator.
[FR Doc. 2020-29252 Filed 1-5-21; 8:45 am]
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