Notice of Establishment of Emergency Relief Docket for Calendar Year 2024, 827-828 [2024-00026]
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Federal Register / Vol. 89, No. 4 / Friday, January 5, 2024 / Notices
in the national interest. I have ordered
that Public Notice of these
determinations be published in the
Federal Register.
FOR FURTHER INFORMATION CONTACT:
Reed Liriano, Program Coordinator,
Office of the Legal Adviser, U.S.
Department of State (telephone: 202–
632–6471; email: section2459@
state.gov). The mailing address is U.S.
Department of State, L/PD, 2200 C Street
NW, (SA–5), Suite 5H03, Washington,
DC 20522–0505.
SUPPLEMENTARY INFORMATION: The
foregoing determinations were made
pursuant to the authority vested in me
by the Act of October 19, 1965 (79 Stat.
985; 22 U.S.C. 2459), Executive Order
12047 of March 27, 1978, the Foreign
Affairs Reform and Restructuring Act of
1998 (112 Stat. 2681, et seq.; 22 U.S.C.
6501 note, et seq.), Delegation of
Authority No. 234 of October 1, 1999,
Delegation of Authority No. 236–3 of
August 28, 2000, and Delegation of
Authority No. 523 of December 22,
2021.
Nicole L. Elkon,
Deputy Assistant Secretary for Professional
and Cultural Exchanges, Bureau of
Educational and Cultural Affairs, Department
of State.
[FR Doc. 2024–00064 Filed 1–4–24; 8:45 am]
BILLING CODE 4710–05–P
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36750]
lotter on DSK11XQN23PROD with NOTICES1
Empire River Rail LLC—Operation
Exemption—in Brooke County, W. Va.
Empire River Rail LLC (ERRA), a noncarrier controlled by Empire Diversified
Energy, Inc. (Empire), has filed a
verified notice of exemption under 49
CFR 1150.31 to assume common carrier
operations over roughly 0.464 miles of
railroad trackage located along the Ohio
River in Brooke County, W. Va. (the
Line.) The Line connects to Norfolk
Southern Railway Company’s Wells
Industrial Track at approximately NSR
milepost 3.6 and extends northward.
The Line itself has no mileposts.
According to the verified notice, the
Line is part of a logistics facility that
boasts barge, warehousing, truck,
transloading, and railroad service
capabilities owned by Empire Trimodal
Terminal LLC d/b/a Port of West
Virginia (Port of West Virginia),1 located
in Follansbee, W. Va. The notice states
that the Line currently is not a Boardregulated line of railroad but that the
Port of West Virginia has chosen to
arrange for the commencement of
common carrier operations and has
negotiated an operating agreement with
ERRA that extends to ERRA the
exclusive right to conduct common
carrier service.
ERRA certifies that it’s projected
annual revenue is not expected to
exceed $5 million, and will not result in
the creation of a Class II or Class I rail
carrier. ERRA further certifies that it
will not be contractually limited in its
ability to interchange traffic with any
third-party connecting carrier.
The earliest this transaction may be
consummated is January 21, 2024, the
effective date of the exemption (30 days
after the verified notice was filed).
If the verified notice contains false or
misleading information, the exemption
is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
may be filed at any time. The filing of
a petition to revoke will not
automatically stay the effectiveness of
the exemption. Petitions for stay must
be filed no later than January 12, 2024
(at least seven days before the
exemption becomes effective).
All pleadings, referring to Docket No.
FD 36750, must be filed with the
Surface Transportation Board either via
e-filing on the Board’s website or in
writing addressed to 395 E Street SW,
Washington, DC 20423–0001. In
addition, a copy of each pleading must
be served on ERRA’s representative,
Robert A. Wimbish, Fletcher & Sippel
LLC, 29 North Wacker Drive, Suite 800,
Chicago, IL 60606–3208.
According to ERRA, this action is
categorically excluded from
environmental review under 49 CFR
1105.6(c) and from historic preservation
reporting requirements under 49 CFR
1105.8(b).
Board decisions and notices are
available at www.stb.gov.
Decided: January 2, 2024.
By the Board, Mai T. Dinh, Director, Office
of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2024–00046 Filed 1–4–24; 8:45 am]
BILLING CODE 4915–01–P
1 The notice states that like ERRA, the Port of
West Virginia is a holding of Empire.
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17:32 Jan 04, 2024
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827
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2023–0002–N–36]
Proposed Agency Information
Collection Activities; Comment
Request
In notice document 2023–28382
beginning on page 89017 in the issue of
Tuesday, December 26, 2023, make the
following correction:
On page 89017, in the third column,
in the second line ‘‘February 9, 2024’’
should read ‘‘February 26, 2024’’.
[FR Doc. C1–2023–28382 Filed 1–4–24; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket FTA–2024–0001]
Notice of Establishment of Emergency
Relief Docket for Calendar Year 2024
Federal Transit Administration
(FTA), Department of Transportation
(DOT).
ACTION: Notice.
AGENCY:
By this notice, the Federal
Transit Administration (FTA) is
establishing an Emergency Relief Docket
for calendar year 2024, so 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, phone: (202) 366–0944,
or email, Bonnie.Graves@dot.gov.
SUPPLEMENTARY INFORMATION: Pursuant
to 49 CFR 601.42, FTA is establishing
the Emergency Relief Docket for
calendar year 2024. 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 the Emergency Relief Docket
has been opened and including the
docket number.
All petitions for relief from FTA
administrative or statutory requirements
SUMMARY:
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05JAN1
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Federal Register / Vol. 89, No. 4 / Friday, January 5, 2024 / Notices
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 https://
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–2024–0001.
Interested parties may consult 49 CFR
part 601, subpart D for information on
FTA’s emergency procedures for public
transportation systems. FTA strongly
encourages 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 https://
www.regulations.gov/, for posting in the
docket (FTA–2024–0001). 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
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
VerDate Sep<11>2014
17:32 Jan 04, 2024
Jkt 262001
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–2024–0001;
(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
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.
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Fmt 4703
Sfmt 9990
A petition for relief from statutory
requirements will not be conditionally
granted and requires a written decision
from the FTA Administrator. Further,
grantees seeking a waiver from Buy
America requirements must follow the
procedures in 49 CFR 661.7 and 661.9.
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 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 part 601,
for requirements for submitting a
request for emergency relief.
Nuria I. Fernandez,
Administrator.
[FR Doc. 2024–00026 Filed 1–4–24; 8:45 am]
BILLING CODE 4910–57–P
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05JAN1
]]>Agencies
[Federal Register Volume 89, Number 4 (Friday, January 5, 2024)]
[Notices]
[Pages 827-828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00026]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket FTA-2024-0001]
Notice of Establishment of Emergency Relief Docket for Calendar
Year 2024
AGENCY: Federal Transit Administration (FTA), Department of
Transportation (DOT).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: By this notice, the Federal Transit Administration (FTA) is
establishing an Emergency Relief Docket for calendar year 2024, so
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, phone: (202)
366-0944, or email, [email protected].
SUPPLEMENTARY INFORMATION: Pursuant to 49 CFR 601.42, FTA is
establishing the Emergency Relief Docket for calendar year 2024. 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 the
Emergency Relief Docket has been opened and including the docket
number.
All petitions for relief from FTA administrative or statutory
requirements
[[Page 828]]
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 https://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-2024-0001.
Interested parties may consult 49 CFR part 601, subpart D for
information on FTA's emergency procedures for public transportation
systems. FTA strongly encourages 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 https://www.regulations.gov/
, for posting in the docket (FTA-2024-0001). 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-2024-0001;
(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 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. Further, grantees seeking a waiver from Buy America
requirements must follow the procedures in 49 CFR 661.7 and 661.9. 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 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 part 601, for
requirements for submitting a request for emergency relief.
Nuria I. Fernandez,
Administrator.
[FR Doc. 2024-00026 Filed 1-4-24; 8:45 am]
BILLING CODE 4910-57-P
