Petition to the Administrator: Exception for an Event ofRegional or National Significance

Re: Santa ClaraValley Transit Administration ) ) ) Docket Number FTA-2007-0022 ) ) ) No. 2015-05 ) )


### ORDER

On October 28, 2015, the Santa Clara Valley Transit Administration (SCVTA) submitted a request to the Federal Transit Administration (FTA) seeking an exception under FTA's Charter Service regulation to provide charter service for a one-day event inthe Santa Clara, California
area. SCVT A'srequest seeks an exception to provide charter service for an event ofRegional or National Significance pursuant to49 C.F.R. 

### § 604.ll(a)(l).

In accordance with 49 C.F.R. 

### § 604.1l(b)(i), SCVTA provided the following information:

1. Date of event: February 7, 2016. 2. Description of event: The 2016 National Football League's (NFL) Super Bowl 50. 3. Types of service requested: Buses to transport hundreds ofthousands ofpeople from the Fremont BART station to the sporting event, approximately 17 miles away. 4. The number of charter service hours neededfor the event: Approximately 130 hours. 5. The anticipatednumber of vehicles andduration of the event: 15 buses for a one-day event from 9:00a.m. to 3:30p.m. and 7:00p.m. to 9:00p.m.
Furthermore, in support ofits petition, SCVTA has provided the following information:

1. SantaClaraplans to host Super Bowl 50 on February 7, 2016, at Levi's Stadium. SCVT A estimates that hundreds ofthousands ofvisitors will attend the event. 2. Inpreparing for this event, SCVTA has been coordinating with the National Football League (NFL) regarding its routes, capabilities and identifying any areas where additional service might be needed. The NFL also is coordinating and contracting with
over 700 private charter bus providers in and out ofthe area to ensure the necessary transportation services are available for the event attendees. 3. Although many people will use the private charter services, SCVTA believes that many additional individuals will use the Bay Area Rapid Transit (BART) train system, as a means oftransportto Levi's Stadium.4. The nearest BART stationto Levi's Stadium is Fremont Station, a distance of approximately 17 miles. 5. While SCVTA currently provides express bus service from Fremont Stationto Levi's Stadium, SCVT A is proposing to provide additional non-stop service at a premium fare to Levi's Stadium from the Fremont BART station before and after the Super Bowl. Neither the NFL nor any other entity has asked that SCVTAprovide this service to the event. 2

6. On October 9, 2015, SCVTA sent a notice regarding the proposed service to the registered charter companies in its geographic service areato determine ifany other private provider had an interest inperforming the service. Only one company, El Camino Charters, timely responded to the notice. El Camino respondedto SCVT A on October 23, 2015 noting inrelevantpartthat: "Weintend to and have the abilityto provide services for Super Bowl 50 on February 7, 2016 and for other events related to the Super Bowl earlierthat week. The services we intend to offer include the service between Fremont BART station and Levi's Stadium." 7. SCVTAresponded to El Camino on October 23, 2015, with a request for clarification as to whether it intendedto provide the specific service set forth inthe Notice. El Camino did notrespond to the request for additional information and has not contacted SCVT A since its original response. 8. On December 4, 2015, El Camino filed a response to SCVTA'spetition, recommending that it be denied.

El Camino asserts that it is ready and able to provide the proposed charter service and therefore, SCVTA should be precluded from providing charter service. Despite El Camino's contentions, its ownresponse briefraises questions as to whether or not it can actually provide the service identified inthe notice. El Camino notes in its response that it may not have the vehicles necessary to provide the service, butthat it should be allowed to lease the vehicles and drivers from SCVTA ifneeded. 

### !d. atpg. 3.

El Camino, however, cannotprovide only part ofthe service set out in SCVTA'snotice; it must be able to provide all ofthe service. FTA'sFrequently Asked Questions and Answers (49 C.F.R. Part 604, Appendix C), include the following: (45) Q: May aregistered charter provider selectwhich portions ofthe service it would like to provide? A: No. A registered charter providermay not "cherry pick" the service described in the notice. In other words, ifthe e-mail notification describes service for an entire football season, then aregistered charter providerthat responds to the notice indicating it can provide only a couple ofweekends ofservice would be nonresponsive to the e-mail notice. Public transit agencies may, however, include several individual charter events in the e-mail notification. Underthose circumstances, aregistered charter provider may select from those individual events to provide service.Based onthe information contained in El Camino's response to the petition, itappears that El Camino does nothave the ability to actually provide the service unless itleases drivers and vehicles from SCVT A; therefore, its initial response is non-responsive. Lastly, FTAnotes that for events ofregional ornational significance, a public transit agency mustinclude howitconsulted private providers, howprivateparticipationwillbeutilized into the event andthat all private providers have been exhausted. 

### In its petition, SCVTA indicates that over 700 private coaches will be used for the SuperBowl. Itcontacted all ofthe private providers inthe area; receiving notice from only one provider expressing interestthat provedto be non-responsive. Accordingly, based onthe above mentioned facts, I hereby GRANT the SantaClaraValley Transit Administration's request for an exceptionto the charter service regulations for an event ofRegional orNational significance. SCVTA may provide charter service to andfrom the Freemont BART Station onFebruary 7, 2016 for SuperBowl 50.

It is so ordered this 23rd day ofDecember, 2015.

# /~~¥~~ DanaNifosi Deputy ChiefCounsel 3