[Federal Register Volume 71, Number 152 (Tuesday, August 8, 2006)]
[Proposed Rules]
[Pages 44957-44960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-6771]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

49 CFR Part 601

[Docket FTA-2006-22428]
RIN 2132-AA89


Emergency Procedures for Public Transportation Systems

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This rulemaking proposes to establish a new subpart in 601 of 
Title 49 of the Code of Federal Regulations, to establish emergency 
relief procedures for granting relief from Federal transit policy 
statements, circulars, guidance documents, and regulations in times of 
national or regional emergencies.

DATES: Comment Closing Date: Comments should be submitted by October 
10, 2006. Late-filed comments will be considered to the extent 
practicable.

ADDRESSES: You may submit comments identified by the docket number 
[FTA-2006-22428] by any of the following methods:
    Federal eRulemaking Portal: Go to http://www.regulations.gov. 
Follow the online instructions for submitting comments.
    Web site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
    Fax: 202-493-2251.
    Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, PL-401, 
Washington, DC 20590-0001.
    Hand Delivery: Room PL-401 on the plaza level of the Nassif 
Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.
    Instructions: You must include the agency name (Federal Transit 
Administration) and Docket number (FTA-2006-22428) or the Regulatory 
Identification Number (RIN) for this rulemaking at the beginning of 
your comments. You should submit two copies of your comments if you 
submit

[[Page 44958]]

 them by mail. If you wish to receive confirmation that FTA received 
your comments, you must include a self-addressed stamped postcard. Note 
that all comments received will be posted without change to http://dms.dot.gov, including any personal information provided, and will be 
available to internet users. Please see the Privacy Act section of this 
document.
    Docket: For access to the docket to read background documents and 
comments received, go to http://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Bonnie L. Graves, Attorney-Advisor, 
Legislation and Regulations Division, Office of Chief Counsel, Federal 
Transit Administration, 400 Seventh Street, SW., Room 9316, Washington, 
DC 20590, phone: (202) 366-4011, fax: (202) 366-3809, or e-mail, 
<a href="/cdn-cgi/l/email-protection#e1a38e8f8f8884cfa69380978492a1858e95cf868e97"><span class="__cf_email__" data-cfemail="e8aa878686818dc6af9a899e8d9ba88c879cc68f879e">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Authority for This Rulemaking

    In addition to FTA's general rulemaking authority provided under 49 
U.S.C. 15334, 42 U.S.C. 5141 (section 301 of the Stafford Act, Pub. L. 
92-288, as amended) provides that ``[a]ny Federal agency charged with 
the administration of a Federal assistance program may, if so requested 
by the applicant State or local authorities, modify or waive, for a 
major disaster, such administrative conditions for assistance as would 
otherwise prevent the giving of assistance under such programs if the 
inability to meet such conditions is a result of the major disaster.''
    This section allows FTA, at a State or local governmental entity's 
request, to waive or modify any administrative condition it has placed 
on any of its Federal transit assistance programs if the State or local 
governmental entity cannot meet the condition because of the major 
disaster. This provision does not, however, allow for the waiver or 
modification of any Federal transit program requirement mandated by 
statute, therefore, this rulemaking would apply only to non-statutory 
requirements in FTA regulations and policies.

II. Background

    When a natural or man-made disaster occurs that results in 
significant damage to property and loss of life, such as Hurricanes 
Katrina and Rita or the events of September 11, 2001, our nation's 
transit systems play a key role in evacuating people, providing 
necessary supplies, and moving displaced families and relief personnel 
to and from the area. In the aftermath of Hurricanes Katrina and Rita, 
FTA received numerous requests for relief from policy statements, 
circulars, guidance documents and regulations, from transit agencies in 
the immediate disaster zone as well as transit agencies receiving 
evacuees. In order to ensure consistent responses to similar requests, 
FTA regional offices had to forward all requests to headquarters, which 
then reviewed the request and sent a message back to the regional 
office. This was a time-consuming process that resulted in delayed 
responses to requests for relief. Therefore, FTA believes it is 
necessary to establish a process by which we can quickly and 
efficiently handle requests for relief from Federal requirements that 
are directly related to the effects of a national or regional 
emergency, such as Hurricanes Katrina and Rita. FTA recognizes that 
these types of petitions must be afforded special consideration and 
must be handled expeditiously in order to ensure that the safety of the 
public and the safety of those individuals and businesses providing aid 
are immediately addressed.
    This NPRM would establish an Emergency Relief Docket within two 
business days of an emergency or disaster declaration in which it 
appears transit agencies are or will be impacted. In the event 
emergencies can be foreseen, such as hurricanes, FTA proposes setting 
up such a docket in advance of the event, so that emergency evacuation 
and other services can occur in a timely manner. FTA would place a 
message on its Web page (http://www.fta.dot.gov) indicating an 
Emergency Relief Docket has been established and including the docket 
number. Any person would be able to petition the Administrator for 
temporary relief from administrative requirements. The petition would 
be conditionally granted for three (3) business days, during which time 
anyone could provide comments on the petition. FTA would then post a 
decision to the Emergency Relief Docket.
    In some instances, grantees or subrecipients may not have access to 
electronic means by which to request relief. In those situations, FTA 
proposes to allow the grantee or subrecipient to contact any FTA 
regional office and ask the office to submit a request for relief on 
its behalf. Further, in the event a State's subrecipient is impacted by 
an emergency, the State may request relief on behalf of the 
subrecipient, even if the State (as the recipient) is not impacted by 
the emergency.
    FTA believes this new emergency procedure would provide the agency 
with the ability to promptly and effectively address relief requests, 
while ensuring that the public and all interested parties are afforded 
proper notice of any such requests and are provided a sufficient 
opportunity to comment. FTA notes that these procedures would apply to 
policy statements, circulars, guidance documents and non-statutory 
requirements in regulations only, as FTA does not have the authority to 
waive statutory requirements.
    In addition, FTA cannot independently waive regulations promulgated 
by the U.S. Department of Transportation (DOT). If a grantee needed 
relief from DOT regulations, such as the Americans with Disabilities 
Act (49 CFR part 37) or the Common Grant Rule (49 CFR part 18), the 
grantee would submit a request for relief to FTA's Emergency Relief 
Docket in the same manner it would request relief from FTA regulations. 
FTA would then work with DOT to process the petition for relief, 
including a request for a hearing, if any. Once DOT provides a 
response, FTA would post the response to the docket and the same review 
procedures would apply.
    The proposed emergency procedures would establish FTA's criteria 
for requesting relief and would only be used to address petitions for 
relief that FTA determines are directly related to a Presidential 
declaration of a national or regional emergency, or anticipation of 
such a declaration, such as Hurricanes Katrina and Rita, or the events 
of September 11, 2001. FTA seeks comment on whether a State Governor's 
declaration of an emergency should also trigger these emergency relief 
procedures.
    As FTA responds to emergencies, trends emerge as to the types of 
relief requests we are likely to receive. FTA seeks comment on whether 
it would be helpful, when opening an emergency relief docket, for FTA 
to proactively extend relief from certain policies, circulars, guidance 
or regulations to the geographical area(s) most impacted by the 
emergency, rather than waiting for transit agencies to request relief.
    FTA remains mindful that as both public and private transportation 
providers move to expand service to address the needs of persons 
affected by national or regional emergencies, like Hurricanes Katrina 
and Rita, it is important to ensure that private companies are not 
placed at a competitive disadvantage in the

[[Page 44959]]

marketplace. FTA requests public comment on whether the procedures 
contained in this NPRM would provide the necessary relief while also 
allowing the private sector to participate in transit relief efforts.
    Under the proposed relief procedures, FTA would reserve the right 
to reopen any docket and reconsider any decision on its own initiative 
or based upon information or comments received. FTA requests public 
comment on whether the proposed three business day period is a 
sufficient amount of time to provide comments on petitions for relief.

III. Rulemaking Analysis and Notices

Executive Order 12866

    This NPRM is nonsignificant for purposes of Executive Order 12866 
and the Department of Transportation's Regulatory Policies and 
Practices. The NPRM proposes to establish emergency procedures and 
requests for relief from Federal transit regulations. FTA requests 
comment on whether this rulemaking may have unintended cost impacts.

Federalism Assessment

    This NPRM has been analyzed in accordance with the principles and 
criteria contained in Executive Order 13132 (``Federalism''). FTA 
believes this rule would not impose any requirements that would have 
substantial direct effects on the States, the relationship between the 
national government and the States, or the distribution of power and 
responsibilities among the various levels of government.

Executive Order 13175

    This NPRM has been analyzed in accordance with the principles and 
criteria contained in Executive Order 13175 (``Consultation and 
Coordination with Indian Tribal Governments''). Because this NPRM does 
not have tribal implications and does not impose direct compliance 
costs, the funding and consultation requirements of Executive Order 
13175 do not apply.

Regulatory Flexibility Act and Executive Order 13272

    Section 603 of the Regulatory Flexibility Act (RFA) requires an 
agency to prepare an initial regulatory flexibility analysis describing 
impacts on small entities whenever an agency is required by 5 U.S.C. 
553 to publish a general notice of proposed rulemaking for any proposed 
rule. Similarly, section 604 of the RFA requires an agency to prepare a 
final regulatory flexibility analysis when an agency issues a final 
rule under 5 U.S.C. 553 after being required to publish a general 
notice of proposed rulemaking. Because this rulemaking proposes a 
process by which small entities may seek relief from Federal transit 
requirements, FTA does not believe this NPRM would have a significant 
economic impact on a substantial number of small entities. FTA requests 
public comment on whether this rulemaking may have unintended impacts 
on small entities.

Unfunded Mandates Reform Act of 1995

    This rule would not impose unfunded mandates under the Unfunded 
Mandates Reform Act of 1995. It does not result in costs of $128.1 
million or more, in the aggregate, to any of the following: State, 
local, or Native American tribal governments, or the private sector.

Paperwork Reduction Act

    There are no new information collection requirements in this NPRM.

Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory 
action listed in the Unified Agenda of Federal Regulations. The 
Regulatory Information Service Center publishes the Unified Agenda in 
April and October of each year. The RIN number contained in heading of 
this document may be used to cross-reference this action with the 
Unified Agenda.

Environmental Assessment

    The National Environmental Policy Act of 1969 (NEPA), as amended 
(42 U.S.C. 4321-4347), requires Federal agencies to consider the 
consequences of major Federal actions and prepare a detailed statement 
on actions significantly affecting the quality of the human 
environment. We find that there are no significant environmental 
impacts associated with this NPRM, but ask for public comment on this 
issue.

Privacy Act

    Anyone is able to search the electronic form for all comments 
received into any of our dockets by the name of the individual 
submitting the comments (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.

List of Subjects in 49 CFR Part 601

    Administrative Practice and Procedure; Organization, Functions, and 
Procedures.

    For the reasons set forth in the preamble, part 601 of title 49 of 
the Code of Federal Regulations is proposed to be amended as follows:
    Add subpart D, consisting of 601.40 through 601.46, to read as 
follows:
Subpart D--Emergency Procedures for Public Transportation Systems
Sec.
601.40 Applicability.
601.41 Petitions for relief.
601.42 Emergency relief docket.
601.43 Required information.
601.44 Processing of petitions.
601.45 Request for hearing on petition for relief.
601.46 Review procedures.

    Authority: 49 U.S.C. 5334; 49 CFR 1.51, 42 U.S.C. 5141.

Subpart D--Emergency Procedures for Public Transportation Systems


Sec.  601.40  General applicability.

    This part prescribes procedures that apply to FTA grantees and 
subgrantees when the President has declared a national or regional 
emergency, or in anticipation of such a declaration.


Sec.  601.41  Petitions for relief.

    In the case of a national or regional emergency or disaster, or in 
anticipation of such a disaster, any person may petition the 
Administrator for temporary relief from the provisions of any policy 
statement, circular, guidance document or rule.


Sec.  601.42  Emergency relief docket.

    (a) In an effort to maintain transparency regarding the approval or 
denial of requests for petitions for relief, FTA will establish an 
Emergency Relief docket in the Department's Docket Management System 
(DMS). FTA will place a message on its Web page (http://www.fta.dot.gov) indicating an Emergency Relief Docket has been 
established and including the docket number.
    (b) The Emergency Relief Docket will be established within two 
business days of an emergency or disaster declaration in which it 
appears FTA grantees or subgrantees are or will be impacted. In cases 
in which emergencies can be anticipated, such as hurricanes, FTA will 
establish an Emergency Relief Docket in advance of the event. In the 
event any person believes an Emergency Relief Docket should be 
established and one has not been so established, that person may submit 
a petition in duplicate to the Administrator, Federal Transit 
Administration, 400 Seventh Street, SW., Washington, DC 20590, 
requesting establishment of the docket and including the information 
under Sec.  601.43 below. The Administrator in

[[Page 44960]]

his/her sole discretion shall determine the need for an Emergency 
Relief Docket.
    (c) All petitions for relief must be posted in the docket in order 
to receive consideration by FTA.
    (1) The docket is publicly accessible and can be accessed 24 hours 
a day, seven days a week, via the Internet at the docket facility's Web 
site at http://dms.dot.gov. Petitions may also be submitted by U.S. 
mail or by hand delivery to the DOT Docket Management Facility, Room 
PL-401 (Plaza Level), 400 7th Street, SW., Washington, DC 20590.
    (2) In the event a person needs to request immediate relief and 
does not have access to electronic means to request that relief, the 
person may contact any FTA regional office and request that the FTA 
regional office submit the petition on their behalf.
    (3) Any person submitting petitions for relief or comments to the 
docket must include the agency name (Federal Transit Administration) 
and docket number, which will be assigned at the time the docket is 
established. Persons making submissions by mail or hand delivery should 
submit two copies.
    (4) Note that all petitions for relief and comments received will 
be posted, without change, to http://dms.dot.gov including any personal 
information provided and will be available to Internet users.
    (5) All documents in this docket are available for inspection and 
copying on the web site or are available for examination at the DOT 
Docket Management Facility during regular business hours (9 a.m. to 5 
p.m. eastern time).


Sec.  601.43  Required Information.

    A petition for relief under this section must:
    (a) Identify the grantee or subgrantee and its geographic location;
    (b) Specifically address how the petition for exemption from FTA 
policy statements, circulars, guidance documents and/or rules is 
related to the emergency relief efforts, or how the grantee or 
subgrantee is negatively impacted by the emergency or disaster;
    (c) Identify the policy statement, circular, guidance document and/
or rule from which the petitioner seeks relief;
    (d) Specify if the petition for relief is one-time or ongoing, and 
if ongoing identify the time period for which the relief is in effect. 
The time period may not exceed three months, however, additional time 
may be requested through a second petition for relief; and
    (e) If relief is sought from charter service requirements, include 
a certification that the grantee or subgrantee made good faith efforts 
to contact, by whatever means available, private charter or school bus 
operators to determine whether those entities are willing to provide 
the service. Documentation should include the name and address of the 
private charter operator(s), the date the requestor (e.g., the transit 
agency) contacted the operator(s), and what response the requestor 
received. In addition, the grantee or subgrantee must certify that it 
contacted the American Bus Association (e-mail: <a href="/cdn-cgi/l/email-protection#640506050d0a020b2406111701174a0b1603"><span class="__cf_email__" data-cfemail="2e4f4c4f474048416e4c5b5d4b5d00415c49">[email protected]</span></a>, 
phone: (202) 842-1645); the United Motor Coach Association (e-mail: 
<a href="/cdn-cgi/l/email-protection#1a73747c755a6f777b3475687d"><span class="__cf_email__" data-cfemail="caa3a4aca58abfa7abe4a5b8ad">[email protected]</span></a>, phone: (800) 424-8262); and the National School 
Transportation Association (e-mail: <a href="/cdn-cgi/l/email-protection#83eaede5ecc3fae6efefecf4e1f6f0e6f0adecf1e4"><span class="__cf_email__" data-cfemail="ea83848c85aa938f8686859d889f998f99c485988d">[email protected]</span></a>, phone: (800) 
222Z-NSTA).


Sec.  601.44  Processing of petitions.

    A petition for relief 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 will 
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.


Sec.  601.45  Request for hearing on petition for relief.

    Parties interested in having a public hearing on any petition must 
notify FTA within three business days of the posting of the petition 
for relief in the Emergency Relief Docket. Upon receiving such a 
request, FTA will immediately arrange for a telephone conference to 
occur between all interested parties as soon as practicable. FTA may 
grant a petition for relief prior to conducting a public hearing if 
such action is in the public interest or in situations where a hearing 
request is received after the three business days has expired. In such 
an instance, FTA will immediately notify the party requesting the 
public hearing and will arrange to conduct such hearing as soon as 
practicable.


Sec.  601.46  Review Procedures.

    FTA reserves the right to reopen any docket and reconsider any 
decision made pursuant to these emergency procedures based upon its own 
initiative or based upon information or comments received subsequent to 
the three business day comment period or at a later scheduled public 
hearing.

    Issued in Washington, DC, this 2nd day of August 2006.
Sandra K. Bushue,
FTA Deputy Administrator.
[FR Doc. 06-6771 Filed 8-7-06; 8:45 am]
BILLING CODE 4910-57-M


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