[Federal Register Volume 78, Number 32 (Friday, February 15, 2013)]
[Notices]
[Pages 11268-11269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03616]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket FTA-2013-0001]
Notice of Establishment of Emergency Relief Docket for Calendar
Year 2013
AGENCY: Federal Transit Administration (FTA), DOT.
ACTION: Notice
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SUMMARY: The Federal Transit Administration (FTA) is establishing an
Emergency Relief Docket for calendar year 2013 so grantees and
subgrantees affected by national or regional emergencies may request
relief from FTA administrative and statutory requirements. By this
notice, FTA is establishing an Emergency Relief Docket for calendar
year 2013.
FOR FURTHER INFORMATION CONTACT: Bonnie L. Graves, Attorney-Advisor,
Legislation and Regulations Division, Office of Chief Counsel, Federal
Transit Administration, 1200 New Jersey Ave. S.E., Room E56-306,
Washington, DC 20590, phone: (202) 366-4011, fax: (202) 366-3809, or
email, [email protected].
SUPPLEMENTARY INFORMATION: Pursuant to title 49 CFR part 601, subpart
D, FTA is establishing the Emergency Relief Docket for calendar year
2013. The docket may be opened at the request of a grantee or
subgrantee, or on the Administrator's own initiative. When the
Emergency Relief Docket is opened, FTA will post a notice on its Web
site, at www.fta.dot.gov. In addition, a notice will be posted in the
docket.
In the event a grantee or subgrantee believes the Emergency Relief
Docket should be opened and it has not been opened, that grantee or
subgrantee may submit a petition in duplicate to the Administrator, via
U.S. mail, to: Federal Transit Administration, 1200 New Jersey Ave.
S.E., Washington, DC 20590; via telephone, at: (202) 366-4011; via fax,
at (202) 366-3472, or via email, to [email protected], requesting
opening of the Docket for that emergency and including the information
set forth below.
Section 5324(d) of title 49, U.S.C. provides that a grant awarded
under section 5324 or under section 5307 or 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
statutory, as well as administrative, requirements. Effective with
calendar year 2013, recipients affected by an emergency or major
disaster may request waivers of provisions of chapter 53 of title 49,
U.S.C. when the requirement(s) will limit a recipient's or
subrecipient's ability to respond to an emergency. Recipients must
follow the procedures as set forth below when requesting a waiver of
statutory or administrative requirements.
All petitions for relief from a provision of chapter 53 of title
49, U.S.C. or FTA administrative requirements must be posted in the
docket in order to receive consideration by FTA. The docket is publicly
accessible and can be accessed 24 hours a day, seven days a week, via
the Internet at www.regulations.gov. Petitions may also be submitted by
U.S. mail or by hand delivery to the DOT Docket Management Facility,
1200 New Jersey Ave. S.E., Room W12-140, Washington, DC 20590. 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-2013-0001. Grantees and
subgrantees making submissions to the docket by mail or hand delivery
should submit two copies. Grantees and subgrantees are strongly
encouraged to contact their FTA regional office and notify FTA of the
intent to submit a petition to the docket.
In the event 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.
A petition for relief shall:
(a) Identify the grantee or subgrantee and its geographic location;
(b) Identify the section of chapter 53 of title 49, U.S.C., or the
FTA policy statement, circular, guidance document and/or rule from
which the grantee or subgrantee seeks relief;
(c) Specifically address how a requirement in chapter 53 of title
49 U.S.C., 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 an emergency or disaster; and
(d) 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.
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 thereto. 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 the 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.
Pursuant to section 604.2(f) of FTA's charter rule (73 FR 2325,
Jan. 14, 2008), 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,
[[Page 11269]]
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, the grantee
or subgrantee shall follow the procedures set out in this notice.
FTA reserves the right to reopen any docket and 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 it plans to reconsider a decision. FTA
decision letters, 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.
Issued in Washington, DC, this 11th day of February 2013.
Therese W. McMillan,
Deputy Administrator.
[FR Doc. 2013-03616 Filed 2-14-13; 8:45 am]
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